Parkway Village HOA CPS3157105 Texas Guaranty Fund Disclosure Notice This insurance contract is with an insurer, not lic ensed to transact insurance in this state and is is sued and delivered as surplus line coverage under the Texas insurance statutes. The Texas Department of Insuran ce does not audit the finances or review the solvency of the surplus lines insurer providing this coverag e, and this insurer is not a member of the Property and Casualt y Insurance Guaranty Association created under Chap ter 462, Insurance Code. Chapter 225, Insurance Code, r equires payment of a 4.85 percent tax on gross prem ium.
State: Texas Policy Premium: $8,281.00 Policy Fee $400.00 Inspection Fee $100.00 Surplus Lines Tax $425.88 Stamping Office Fee $13.17 TRIA Premium: TOTAL: $9,220.05 TX Surplus Lines Broker: U.S. Risk, LLC TX License No. 2949 Authorized Individual: Randall Goss NOTS0065TX (6-15) IMPORTANT NOTICE - TEXAS To obtain information or make a complaint: You may contact your agent or you may call Scottsda le Insurance Company's toll-free number for information or to make a complaint at: 1-800-423-7675 You may also write to Scottsdale Insurance Company at: Scottsdale Insurance Company 8877 N. Gainey Center Drive P.O. Box 4110 Scottsdale, Arizona 85261 You may contact the Texas Department of Insurance t o obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: Texas Department of Insurance P.O. Box 149104 Austin, Texas 78714-9104 1-512-490-1007 (Fax) Web: http://www.tdi.texas.gov E-mail: [email protected] PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium o r
04 Austin, Texas 78714-9104 1-512-490-1007 (Fax) Web: http://www.tdi.texas.gov E-mail: [email protected] PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium o r about a claim you should contact the agent first. I f the dispute is not resolved, you may contact the Texas Dep artment of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not be come a part or condition of the attached document. AVISO IMPORTANTE - TEXAS Para obtener informacion o para someter una queja: Usted puede comunicarse con su agente o usted puede llamar al numero de telefono gratuito de Scottsdale Insurance Company para informacion o para someter una qu eja al: 1-800-423-7675 Usted tambien puede escribir a Scottsdale Insurance Company: Scottsdale Insurance Company 8877 N. Gainey Center Drive P.O. Box 4110 Scottsdale, Arizona 85261 Usted puede comunicarse con el Departamento de Suguros de Texas para obtener informacion sobre compa nias, coberturas, derechos or quejas al: 1-800-252-3439 Usted puede escribir al Departamento de Seguros de Texas: Texas Department of Insurance P.O. Box 149104 Austin, Texas 78714-9104 1-512-490-1007 (Fax) Web: http://www.tdi.texas.gov E-mail: [email protected] DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa relacionada con su prima de se guro o con un reclamacion, usted debe comunicarse con el agente primero. Si la disputa no es resuelta, usted puede comunicarse con el Departamento de Seguros de Texas .
UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunt o.
INSURED
omunicarse con el Departamento de Seguros de Texas .
UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunt o.
INSURED UTS-COVPG (1-16) Underwritten by: Scottsdale Insurance Company Home Office: One Nationwide Plaza Columbus, Ohio 43215 Administrative Office: 8877 North Gainey Center Dri ve Scottsdale, Arizona 85258 1-800-423-7675 A Stock Company In Witness Whereof, the Company has caused this pol icy to be executed and attested.
Secretary PresidentThe information contained herein replaces any simil ar information contained elsewhere in the policy.
INSURED Policy Number COMMON POLICY DECLARATIONS Named Insured and Mailing Address Agent No.:Agent Name and Address OPS-D-1 (1-17) 12:01 A.M., Standard Time at the mailing address sh own in ITEM 1.Term:ITEM 1.
To: From: Policy Period ITEM 2.
Business Description: Coverage Part(s) Premium Summary Commercial General Liability Coverage Part $ Commercial Property Coverage Part $ Commercial Crime And Fidelity Coverage Part $ Commercial Inland Marine Coverage Part $ Commercial Auto Coverage Part $ $ Professional Liability Coverage Part $ $ $ $ $Total Policy Premium: $ $ $ $ Form(s) and Endorsement(s) made a part of this poli cy at time of issue:Program No.: SEE SCHEDULE OF FORMS AND ENDORSEMENTS $ Policy Total:
ability Coverage Part $ $ $ $ $Total Policy Premium: $ $ $ $ Form(s) and Endorsement(s) made a part of this poli cy at time of issue:Program No.: SEE SCHEDULE OF FORMS AND ENDORSEMENTS $ Policy Total: THIS COMMON POLICY DECLARATION AND THE SUPPLEMENTAL DECLARATION(S), TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART(S), COV ERAGE FORM(S) AND FORM(S) AND ENDORSEMENT(S), IF ANY, COMPLETE THE ABOVE NUMB ERED POLICY.Underwritten by: Scottsdale Insurance Company Home Office:One Nationwide Plaza Columbus, Ohio 43215 Administrative Office:8877 North Gainey Center Drive Scottsdale, Ariz ona 85258 1-800-423-7675 A STOCK COMPANY In return for the payment of the premium, and subje ct to all the terms of this policy, we agree with y ou to provide the insurance as stated in this policy. This policy con sists of the following coverage parts for which a p remium is indicated. Where no premium is shown, there is no coverage. Th is premium may be subject to adjustment.Renewal of CPS2801209 CPS3157105 PARKWAY VILLAGE HOA P.O. BOX 701805 DALLAS, TX 75370 U.S. RISK, LLC 8401 NORTH CENTRAL EXPRESSWAY SUITE 1000 DALLAS, TX 75225 42043 89 05/11/2019 05/11/2020 366 DAYS HOMEOWNERS ASSOCIATION 3,444 4,837 NOT COVERED NOT COVERED NOT COVERED NOT COVERED 8,281.00 POLICY FEE 400.00 INSPECTION FEE 100.00 SURPLUS LINES TAX 425.88 STAMPING FEE 13.17 9,220.05 U.S. RISK, LLC DALLAS, TX CTJ/VMH 06/12/2019 INSURED UTS-SP-2 (12-95) SCHEDULE OF FORMS AND ENDORSEMENTS Policy No. Effective Date: 12:01 A.M., Standard Time Named Insured Agent No.CPS3157105 05/11/2019 PARKWAY VILLAGE HOA 42043 UTS-COVPG 1-16 Cover Page OPS-D-1 1-17 Common Policy Declarations UTS-SP-2 12-95 Schedule Of Forms and Endorse ments COMMON FORMS
CPS3157105 05/11/2019 PARKWAY VILLAGE HOA 42043 UTS-COVPG 1-16 Cover Page OPS-D-1 1-17 Common Policy Declarations UTS-SP-2 12-95 Schedule Of Forms and Endorse ments COMMON FORMS UTS-SP-3 8-96 Locations Schedule IL 00 17 11-98 Common Policy Conditions IL 09 53 1-15 Excl-Certified Acts Terrorism UTS-9g 5-96 Service Of Suit Clause UTS-119g 6-14 Minimum Earned Cancellation P remium GENERAL LIABILITY FORMS CLS-SD-1L 8-01 GL Supplemental Dec CLS-SP-1L 10-93 GL Ext Supplemental Dec CG 00 01 4-13 General Liab Coverage CG 20 02 11-85 Al-Club Members CG 21 01 11-85 Excl-Athletic-Sports Particip ants CG 21 06 5-14 Excl-Access Of Confidential O r Personal Info CG 21 38 11-85 Excl-Personal & Advertising I njury CG 21 47 12-07 Employment-Related Practices Exclusion CG 21 67 12-04 Fungi Or Bacteria Excl CG 21 73 1-15 Exclusion-Certified Acts Of T errorism CG 24 26 4-13 Amend Of Insured Contract Def inition GLS-30s 1-15 Contractors Special Condition s GLS-44s 9-16 Sexual-Physical Abuse Liab Co v GLS-45s 8-04 Sexual-Physical Abuse Excl GLS-47s 10-07 Minimum & Advance Prem Endt GLS-74s 9-05 Amendment Of Conditions GLS-106s 12-13 Total Liquor Liability Exclus ion GLS-130s 2-15 Limited Participant Coverage- Sports GLS-152s 8-16 Amendment To Other Insurance Condition GLS-281s 9-07 Continuing/Ongoing Damage Exc l GLS-304s 7-08 Cross Liability Exclusion GLS-341s 8-12 Hydraulic Fracturing Excl GLS-457s 10-14 Aircraft Exclusion IL 00 21 9-08 Nuclear Energy Exclusion UTS-266g 5-98 Asbestos Exclusion
oss Liability Exclusion GLS-341s 8-12 Hydraulic Fracturing Excl GLS-457s 10-14 Aircraft Exclusion IL 00 21 9-08 Nuclear Energy Exclusion UTS-266g 5-98 Asbestos Exclusion UTS-267g 5-98 Lead Contamination Exclusion UTS-365s 2-09 Amend Of Nonpayment Cancel Co ndition UTS-428g 11-12 Premium Audit PROPERTY FORMS CPS-SD-1 2-16 Property Supplemental Dec CFS-20s 10-17 Commercial Property Extension CP 00 10 10-12 Building & Personal Prop Cov CP 00 90 7-88 Property Conditions CP 01 40 7-06 Excl Of Loss Due To Virus Or Bacteria CP 02 99 6-07 Cancellation Changes CP 10 30 9-17 Causes Of Loss-Special Form CP 10 33 10-12 Theft Exclusion UTS-183g 12-16 Windstorm Or Hail Deductible STATE FORMS CFS-98-TX 9-15 TX-Limitations On Cov For Roo f Surfacing-ACV IL 01 68 3-12 TX-Changes-Duties UTS-230g-TX 9-94 TX-Prompt Payment of Claims POLICYHOLDER NOTICES NOTX0178CW 3-16 Claim Reporting Information NOTX0423CW 2-15 Notice Of Terrorism Ins Cov NOTS0065TX 6-15 TX-Important Notice NOTS0079TX 4-09 TX-Required Notice utssp2j.fap INSURED UTS-SP-3 (8-96) SCHEDULE OF LOCATIONS Prem. Bldg. Designated Premises No. No. (Address, City, State, Zip Code) Occupancy Policy No.
Named Insured Effective Date 12:01 A.M. Standard Time Agent No.CPS3157105 05/11/2019 PARKWAY VILLAGE HOA 42043 1 1 4242 CAPISTRANO DALLAS, DALLAS CO., TX 75287 PC-1 HOMEOWNERS ASSOCIATION INSURED All Coverage Parts included in this policy are subj ect to the following conditions.IL 00 17 11 98 COMMON POLICY CONDITIONS IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 A.Cancellation
arts included in this policy are subj ect to the following conditions.IL 00 17 11 98 COMMON POLICY CONDITIONS IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 A.Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation.
2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason.
3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us.
4. Notice of cancellation will state the effective dat e of cancellation. The policy period will end on that date.
5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund.
6. If notice is mailed, proof of mailing will be sufficient proof of notice.
B.Changes This policy contains all the agreements between you and us concerning the insurance afforded. The firs t Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy.
C.Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during th e policy period and up to three years afterward.
his policy.
C.Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during th e policy period and up to three years afterward.
D.Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time;b.Give you reports on the conditions we find; and c.Recommend changes.
2.We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a.Are safe or healthful; or b.Comply with laws, regulations, codes or standards.
3.Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations.
4.Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators.
E.Premiums The first Named Insured shown in the Declarations: 1.Is responsible for the payment of all premiums; and 2.Will be the payee for any return premiums we pay.
F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in t he case of death of an individual named insured.
If you die, your rights and duties will be transfer red to your legal representative but only while acting
rred without our written consent except in t he case of death of an individual named insured.
If you die, your rights and duties will be transfer red to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties b ut only with respect to that property.
INSURED IL 09 53 01 15 Copyright, Insurance Services Office, Inc., 2015 Page 1 of 2 POLICY NUMBER: IL 09 53 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ I T CAREFULLY.
EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART STANDARD PROPERTY POLICY SCHEDULE The Exception Covering Certain Fire Losses (Paragraph C) applies to property located in the following state (s), if covered under the indicated Coverage Form, Coverage Part or Policy: State(s) Coverage Form, Coverage Part Or Policy Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. The following definition is added with respect to t he provisions of this endorsement: "Certified act of terrorism" means an act that is c ertified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act o f terrorism" include the following: 1. The act resulted in insured losses in excess of
rrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act o f terrorism" include the following: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and 2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. B.The following exclusion is added: CERTIFIED ACT OF TERRORISM EXCLUSION We will not pay for loss or damage caused directly or indirectly by a "certified act of terrorism". Su ch loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss.
C. Exception Covering Certain Fire Losses The following exception to the exclusion in Paragraph B. applies only if indicated and as indicated in the Schedule of this endorsement.
If a "certified act of terrorism" results in fire, we will pay for the loss or damage caused by that fire.
Such coverage for fire applies only to direct loss or damage by fire to Covered Property. Therefore, for example, the coverage does not apply to insurance provided under Business Income and/or Extra Expense coverage forms or endorsements which apply to those forms, or to the Legal Liabili ty Coverage Form or the Leasehold Interest Coverage Form.CPS3157105 il09530115.fap INSURED Page 2 of 2 Copyright, Insurance Services Office, Inc., 2015 IL 09 53 01 15 If aggregate insured losses attributable to terrori st
Leasehold Interest Coverage Form.CPS3157105 il09530115.fap INSURED Page 2 of 2 Copyright, Insurance Services Office, Inc., 2015 IL 09 53 01 15 If aggregate insured losses attributable to terrori st acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. D. Application Of Other Exclusions The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terro rism exclusion, do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Part or Policy, such as losses excluded by the Nuclear Hazard Exclusion or the War And Military Action Exclusion.
ENDORSEMENT NO.
ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
/ UTS-9g (5-96) AUTHORIZED REPRESENTATIVE DATE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SERVICE OF SUIT CLAUSE It is agreed that in the event of the failure of th e Company to pay any amount claimed to be due under this policy, the Company at the request of the Insured ( or reinsured), will submit to the jurisdiction of a ny court of competent jurisdiction within the United States of America and will comply with all requirements ne cessary to give the Court jurisdiction. All matters wh ich arise will be determined in accordance with the law
isdiction within the United States of America and will comply with all requirements ne cessary to give the Court jurisdiction. All matters wh ich arise will be determined in accordance with the law and practice of the Court. In a suit instituted aga inst any one of them under this contract, the Compa ny agrees to abide by the final decision of the Court or of any Appellate Court in the event of an appeal .
Pursuant to any statute of any state, territory or district of the United States of America which make s a provision, the Company will designate the Superinte ndent, Commissioner or Director of Insurance or other officer specified for that purpose in the sta tute, or his successor or successors in office, as their true and lawful attorney upon whom may be served any law ful process in any action, suit, or proceeding inst ituted by or on behalf of the Insured (or reinsured) or any beneficiary arising out of this contract of insurance (or reinsurance).
The officer named below is authorized and directed to accept service of process on behalf of the Company: Having accepted service of process on behalf of the Company, the officer is authorized to mail the pro cess or a true copy to: CPS3157105 05/11/2019 PARKWAY VILLAGE HOA 42043 COMMISSIONER OF INSURANCE P.O. BOX 149104 AUSTIN, TX 78714-9104 CORPORATION SERVICE COMPANY DBA CSC-LAWYERS INCORPO RATING SERVICE COMPANY 211 EAST 7TH STREET, SUITE 620 AUSTIN, TX 78701-3218 uts9gc.fapINSURED UTS-119g (6-14) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MINIMUM EARNED CANCELLATION PREMIUM / AUTHORIZED REPRESENTATIVE DATE ENDORSEMENT NO.
ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE
ED CANCELLATION PREMIUM / AUTHORIZED REPRESENTATIVE DATE ENDORSEMENT NO.
ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
The following provision is added to the Cancellatio n Condition: 25% uts119g0614b.fap INSURED CLS-SD-1L (8-01) See Schedule of Locations COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL DECLARATIONS 12:01 A.M., Standard Time Item 1. Limits of Insurance Coverage Aggregate Limits of Liability Coverage A - Bodily Injury and Property Damage Liability Damage to Premises Rented to You Limit Coverage B - Personal and Advertising Injury Liability Coverage C - Medical Payments Limit of Liability Products/Completed General Aggregate (other than any one occurrence subject to the Products/Completed Operations and General any one premises subject to the Coverage A occurrence and the General Aggregate Limits any one person or organization subject to the General Aggregate any one person subject to the Coverage A occurrence and Item 2. Description of Business Form of Business:
egate any one person subject to the Coverage A occurrence and Item 2. Description of Business Form of Business: Individual Partnership Joint Venture Trust Limited Liab ility Company Organization including a corporation (other than Pa rtnership, Joint Venture or Limited Liability Compa ny) Location of All Premises You Own, Rent or Occupy: Item 3. Forms and Endorsements Form(s) and Endorsement(s) made a part of this poli cy at time of issue: See Schedule of Forms and Endorsements Item 4. Premiums Coverage Part Premium: $ Other Premium: $ Total Premium: $ THESE DECLARATIONS ARE PART OF THE POLICY DECLARATI ONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. CPS3157105 05/11/2019 PARKWAY VILLAGE HOA 42043 2,000,000 2,000,000 1,000,000 100,000 EXCLUDED 5,000 X 3,444 3,444 clssd1lg.fap INSURED CLS-SP-1L (10-93) CLUB HOUSE (INCLUDING EXERCISE ROOM) (PRODUCTS-COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT) HOMEOWNER ASSOCIATIONS (SINGLE FAMILY) (PRODUCTS COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT) LAKES - OWNED (PRODUCTS-COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT) PLAYGROUNDS (PRODUCTS-COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT) Prem. No. Bldg. No. Class Code Exposure Basis Class Description: Premises/Operations Rate Premium Products/Comp Operations Rate Premium Prem. No. Bldg. No. Class Code Exposure Basis Class Description: Premises/Operations Rate Premium Products/Comp Operations Rate Premium Policy No. Effective Date: 12:01 A.M., Standard Time Named Insured Agent No.COMMERCIAL GENERAL LIABILITY COVERAGE PART EXTENSION OF SUPPLEMENTAL DECLARATIONS Prem. No. Bldg. No. Class Code Exposure Basis
icy No. Effective Date: 12:01 A.M., Standard Time Named Insured Agent No.COMMERCIAL GENERAL LIABILITY COVERAGE PART EXTENSION OF SUPPLEMENTAL DECLARATIONS Prem. No. Bldg. No. Class Code Exposure Basis Class Description: Premises/Operations Rate Premium Products/Comp Operations Rate Premium Prem. No. Bldg. No. Class Code Exposure Basis Class Description: Premises/Operations Rate Premium Products/Comp Operations Rate Premium CPS3157105 05/11/2019 PARKWAY VILLAGE HOA 42043 1 1 41667 3,605 AREA 157.50 568 INCLUDED INCLUDED 1 1 41670 231 PER DWELLING 4.50 1,040 INCLUDED INCLUDED 1 1 45524 1 PER ACRE 36.00 36 INCLUDED INCLUDED 1 1 46671 2 PER PLAYGROUND 90.00 180 INCLUDED INCLUDED clssp1lf.fap INSURED CLS-SP-1L (10-93) SWIMMING & WADING POOLS (PRODUCTS-COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT) SECURITY GUARDS (EMPLOYED - UNARMED) (PRODUCTS-COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT) Prem. No. Bldg. No. Class Code Exposure Basis Class Description: Premises/Operations Rate Premium Products/Comp Operations Rate Premium Prem. No. Bldg. No. Class Code Exposure Basis Class Description: Premises/Operations Rate Premium Products/Comp Operations Rate Premium Policy No. Effective Date: 12:01 A.M., Standard Time Named Insured Agent No.COMMERCIAL GENERAL LIABILITY COVERAGE PART EXTENSION OF SUPPLEMENTAL DECLARATIONS Prem. No. Bldg. No. Class Code Exposure Basis Class Description: Premises/Operations Rate Premium Products/Comp Operations Rate Premium Prem. No. Bldg. No. Class Code Exposure Basis Class Description: Premises/Operations Rate Premium Products/Comp Operations Rate Premium CPS3157105 05/11/2019 PARKWAY VILLAGE HOA 42043
ons Rate Premium Prem. No. Bldg. No. Class Code Exposure Basis Class Description: Premises/Operations Rate Premium Products/Comp Operations Rate Premium CPS3157105 05/11/2019 PARKWAY VILLAGE HOA 42043 1 1 48925 1 PER POOL 675.00 675 INCLUDED INCLUDED 1 1 98751 3 PER GUARD 315.00 945 INCLUDED INCLUDED clssp1lf.fap INSURED CG 00 01 04 13 Copyright, Insurance Services Office, Inc., 2012 Page 1 of 16 COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage . Read the entire policy carefully to determine rights, du ties and what is and is not covered.
Throughout this policy the words "you" and "your" r efer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance.
The word "insured" means any person or organization qualifying as such under Section II - Who Is An Insured.
Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions.
SECTION I - COVERAGES COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages.
However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and
to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III - Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C.
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments - Coverages A and B.
b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II - Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period.
c."Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Para-
ior to the policy period.
c."Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II - Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period.
d."Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II - Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur.
e.Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury".
INSURED CG 00 01 04 13 Copyright, Insurance Services Office, Inc., 2012 Page 2 of 16 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured.
This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property.
b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by
ly injury" resulting from the use of reasonable force to protect persons or property.
b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged.
c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: (a) The supervision, hiring, employment, training or monitoring of others by that
ic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: (a) The supervision, hiring, employment, training or monitoring of others by that insured; or (b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; if the "occurrence" which caused the "bodily injury" or "property damage", involved that which is described in Paragraph (1), (2) or (3) above.
However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by it self considered the business of selling, serving or furnishing alcoholic beverages.
d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law.
e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above.
This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury.
This exclusion does not apply to liability assumed by the insured under an "insured contract".
ny obligation to share damages with or repay someone else who must pay damages because of the injury.
This exclusion does not apply to liability assumed by the insured under an "insured contract".
CG 00 01 04 13 Copyright, Insurance Services Office, Inc., 2012 Page 3 of 16 f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, dis-
t any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor.
However, this subparagraph does not apply to: (i) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being
) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire".
(e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants".
CG 00 01 04 13 Copyright, Insurance Services Office, Inc., 2012 Page 4 of 16 (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants".
However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority.
g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrust-
, or such claim or "suit" by or on behalf of a governmental authority.
g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading".
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured.
This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile
ther motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment".
h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity.
i. War "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these.
j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; CG 00 01 04 13 Copyright, Insurance Services Office, Inc., 2012 Page 5 of 16 (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcon-
ance Services Office, Inc., 2012 Page 5 of 16 (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it.
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance.
Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you.
Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement.
Paragraph (6) of this exclusion does not apply to "property damage" included in the "products-completed operations hazard".
k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it.
l. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products-completed operations hazard".
This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.
m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of:
behalf by a subcontractor.
m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use.
n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it.
o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury".
p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data.
However, this exclusion does not apply to liability for damages because of "bodily injury".
As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media
or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment.
q. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury" or "property damage" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or CG 00 01 04 13 Copyright, Insurance Services Office, Inc., 2012 Page 6 of 16 (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording sending, transmitting, communicating or distribution of material or information.
Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to thi s coverage as described in Section III - Limits Of Insurance.
COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against
at the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III - Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C.
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments - Coverages A and B.
b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury".
b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral or written publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity.
c. Material Published Prior To Policy Period
ury" arising out of oral or written publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity.
c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral or written publication, in any manner, of material whose first publication took place before the beginning of the policy period.
d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured.
e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.
f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied contract to use another's advertising idea in your "advertisement".
g. Quality Or Performance Of Goods - Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement".
h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertisement".
CG 00 01 04 13 Copyright, Insurance Services Office, Inc., 2012 Page 7 of 16 i. Infringement Of Copyright, Patent, Trademark Or Trade Secret "Personal and advertising injury" arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include
y" arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another's advertising idea in your "advertisement".
However, this exclusion does not apply to infringement, in your "advertisement", of copyright, trade dress or slogan.
j. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web sites for others; or (3) An Internet search, access, content or service provider.
However, this exclusion does not apply to Paragraphs 14.a., b. and c. of "personal and advertising injury" under the Definitions section.
For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting.
k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control.
l. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers.
m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution-related
ution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution-related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants".
o. War "Personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these.
p. Recording And Distribution Of Material Or Information In Violation Of Law "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit
CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information.
CG 00 01 04 13 Copyright, Insurance Services Office, Inc., 2012 Page 8 of 16 COVERAGE C - MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place in the "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require.
b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, X-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services.
2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers".
b. Hired Person
ambulance, hospital, professional nursing and funeral services.
2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers".
b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured.
c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law.
e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests.
f. Products-Completed Operations Hazard Included within the "products-completed operations hazard".
g. Coverage A Exclusions Excluded under Coverage A.
SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1.We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a.All expenses we incur.
b.Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.
c.The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds.
d.All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", in cluding actual loss of earnings up to $250 a day because of time off from work.
enses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", in cluding actual loss of earnings up to $250 a day because of time off from work.
e.All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured.
f.Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer.
CG 00 01 04 13 Copyright, Insurance Services Office, Inc., 2012 Page 9 of 16 g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance.
These payments will not reduce the limits of insurance.
2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all o f the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee;
The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that in demnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I - Coverage A - Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance.
Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litiga tion expenses as Supplementary Payments ends when we have used up the applicable limit of insur-
Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litiga tion expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met.
SECTION II - WHO IS AN INSURED 1.If you are designated in the Declarations as: a.An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner.
b.A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business.
c.A limited liability company, you are an insured.
Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers.
d.An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders.
e.A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees.
CG 00 01 04 13 Copyright, Insurance Services Office, Inc., 2012 Page 10 of 16 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or lim-
performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services.
(2) "Property damage" to property: (a) Owned, occupied or used by; (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company).
b. Any person (other than your "employee" or "volunteer worker"), or any organization while
member (if you are a partnership or joint venture), or any member (if you are a limited liability company).
b. Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c.Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed.
d.Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part.
3.Any organization you newly acquire or form, other than a partnership, joint venture or limited liabil ity company, and over which you maintain ownership or majority interest, will qualify as a Named Insur ed if there is no other similar insurance available to that organization. However: a.Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b.Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c.Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization.
No person or organization is an insured with respec t to the conduct of any current or past partnership, joi nt venture or limited liability company that is not sh own as a Named Insured in the Declarations.
SECTION III - LIMITS OF INSURANCE 1.The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regard less of the number of: a.Insureds;
ured in the Declarations.
SECTION III - LIMITS OF INSURANCE 1.The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regard less of the number of: a.Insureds; b.Claims made or "suits" brought; or c.Persons or organizations making claims or bringing "suits".
2.The General Aggregate Limit is the most we will pay for the sum of: a.Medical expenses under Coverage C; b.Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and c.Damages under Coverage B.
CG 00 01 04 13 Copyright, Insurance Services Office, Inc., 2012 Page 11 of 16 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard".
4. Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization.
5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we wil l pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence".
6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner.
7. Subject to Paragraph 5. above, the Medical Ex-
ne premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner.
7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person.
The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starti ng with the beginning of the policy period shown in th e Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purpos es of determining the Limits of Insurance.
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part.
2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense.
b.If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable.
You must see to it that we receive written notice of the claim or "suit" as soon as practicable.
d the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable.
You must see to it that we receive written notice of the claim or "suit" as soon as practicable.
c.You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply.
d.No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent.
3. Legal Action Against Us No person or organization has a right under this Coverage Part: a.To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b.To sue us on this Coverage Part unless all of its terms have been fully complied with.
A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative.
CG 00 01 04 13 Copyright, Insurance Services Office, Inc., 2012 Page 12 of 16 4. Other Insurance If other valid and collectible insurance is availab le
claimant or the claimant's legal representative.
CG 00 01 04 13 Copyright, Insurance Services Office, Inc., 2012 Page 12 of 16 4. Other Insurance If other valid and collectible insurance is availab le to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary.
Then, we will share with all that other insurance by the method described in Paragraph c.
below.
b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (iii) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I Coverage A - Bodily Injury And Property Damage Liability.
(b) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured.
(2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the in-
dded as an additional insured.
(2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and selfinsured amounts under all that other insurance.
(4) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part.
c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first.
If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers.
5. Premium Audit a.We will compute all premiums for this Coverage Part in accordance with our rules and rates.
b.Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute
for this Coverage Part in accordance with our rules and rates.
b.Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured.
c.The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request.
6. Representations By accepting this policy, you agree: a.The statements in the Declarations are accurate and complete; CG 00 01 04 13 Copyright, Insurance Services Office, Inc., 2012 Page 13 of 16 b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations.
7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought.
8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured mus t do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer th ose rights to us and help us enforce them.
9. When We Do Not Renew If we decide not to renew this Coverage Part, we
loss to impair them. At our request, the insured will bring "suit" or transfer th ose rights to us and help us enforce them.
9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date.
If notice is mailed, proof of mailing will be suffi cient proof of notice.
SECTION V - DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement.
2. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment".
3."Bodily injury" means bodily injury, sickness or di sease sustained by a person, including death resulting from any of these at any time.
4."Coverage territory" means: a.The United States of America (including its territories and possessions), Puerto Rico and Canada; b.International waters or airspace, but only if the injury or damage occurs in the course of travel
.The United States of America (including its territories and possessions), Puerto Rico and Canada; b.International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above; or c.All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a.
above; (2) The activities of a person whose home is in the territory described in Paragraph a.
above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication; provided the insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in Paragraph a.
above or in a settlement we agree to.
5."Employee" includes a "leased worker". "Employee" does not include a "temporary worker".
6."Executive officer" means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document.
7."Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be.
8."Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a.It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b.You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work" or your fulfilling the term s of the contract or agreement.
t or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work" or your fulfilling the term s of the contract or agreement.
CG 00 01 04 13 Copyright, Insurance Services Office, Inc., 2012 Page 14 of 16 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization.
Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.
Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
ad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. 10."Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties r elated to the conduct of your business. "Leased worker" does not include a "temporary worker".
11."Loading or unloading" means the handling of property: a.After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b.While it is in or on an aircraft, watercraft or "auto"; or c.While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto".
12."Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a.Bulldozers, farm machinery, forklifts and other
craft, watercraft or "auto".
12."Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a.Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b.Vehicles maintained for use solely on or next to premises you own or rent; c.Vehicles that travel on crawler treads; d.Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e.Vehicles not described in Paragraph a., b., c.
or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f.Vehicles not described in Paragraph a., b., c.
or d. above maintained primarily for purposes other than the transportation of persons or cargo.
CG 00 01 04 13 Copyright, Insurance Services Office, Inc., 2012 Page 15 of 16 However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building
; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment.
However, "mobile equipment" does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally g araged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos".
13. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions.
14. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; f. The use of another's advertising idea in your "advertisement"; or g. Infringing upon another's copyright, trade dress or slogan in your "advertisement".
15. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and
, trade dress or slogan in your "advertisement".
15. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 16."Products-completed operations hazard": a.Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed.
(b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site.
(c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project.
Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed.
b.Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy Schedule, states that productscompleted operations are subject to the
doned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy Schedule, states that productscompleted operations are subject to the General Aggregate Limit.
17."Property damage" means: a.Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b.Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it.
For the purposes of this insurance, electronic data is not tangible property.
CG 00 01 04 13 Copyright, Insurance Services Office, Inc., 2012 Page 16 of 16 As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment.
18. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent.
19. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions.
red submits with our consent.
19. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions.
20. "Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you.
21. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b.Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions.
c.Does not include vending machines or other property rented to or located for the use of others but not sold.
22."Your work": a.Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations.
b.Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - CLUB MEMBERS This endorsement modifies insurance provided under the following:
ings or instructions.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - CLUB MEMBERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section II) is amended to includ e as an insured any of your members, but only with respect to their liability for your activities or activities t hey perform on your behalf.
CG 20 02 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 INSURED SCHEDULE Description of Operations: HOMEOWNERS ASSOCIATION (If no entry appears above, information required to complete this endorsement will be shown in the Dec larations as applicable to this endorsement.)
With respect to any operations shown in the Schedul e, this insurance does not apply to "bodily injury" to any person while practicing for or participating in any sports or at hletic contest or exhibition that you sponsor.THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION-ATHLETIC OR SPORTS PARTICIPANTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CG 21 01 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 INSURED CG 21 06 05 14 Copyright, Insurance Services Office, Inc., 2013 Page 1 of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ I T CAREFULLY.
EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA-RELATED LIABILITY - WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section I - Coverage A - Bodily
- WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: 2. Exclusions This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability Damages arising out of: (1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data.
This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above.
However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury".As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment.
B.The following is added to Paragraph 2. Exclusions of Section I - Coverage B - Personal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to:
cally controlled equipment.
B.The following is added to Paragraph 2. Exclusions of Section I - Coverage B - Personal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: Access Or Disclosure Of Confidential Or Personal Information "Personal and advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information.
This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information.
INSURED THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION-PERSONAL AND ADVERTISING INJURY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COVERAGE B (Section I) does not apply and none of t he references to it in the Coverage Part apply.
CG 21 38 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 INSURED CG 21 47 12 07 Copyright, ISO Properties, Inc., 2006 Page 1 of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ I T CAREFULLY.
EMPLOYMENT-RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2., Exclusions of Section I - Coverage A - Bodily
dorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2., Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: "Bodily injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment-related practices described in Paragraphs (a), (b), or (c) above is directed.
This exclusion applies: (1) Whether the injury-causing event described in Paragraphs (a), (b) or (c) above occurs before employment, during employment or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. B.The following exclusion is added to Paragraph 2., Exclusions of Section I - Coverage B - Personal And Advertising Injury Liability: This insurance does not apply to: "Personal and advertising injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious
or (c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any of the employment-related practices described in Paragraphs (a), (b), or (c) above is directed.
This exclusion applies: (1) Whether the injury-causing event described in Paragraphs (a), (b) or (c) above occurs before employment, during employment or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury.
INSURED CG 21 67 12 04 Copyright, ISO Properties, Inc., 2003 Page 1 of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ I T CAREFULLY.
FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2.
Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability: 2. Exclusions This insurance does not apply to: Fungi Or Bacteria a. "Bodily injury" or "property damage" which would not have occurred, in whole or in part, but for the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, any "fungi" or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contrib-
e to, existence of, or presence of, any "fungi" or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such injury or damage.
b. Any loss, cost or expenses arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, "fungi" or bacteria, by any insured or by any other person or entity.
This exclusion does not apply to any "fungi" or bacteria that are, are on, or are contained in, a good or product intended for bodily consumption. B.The following exclusion is added to Paragraph 2.
Exclusions of Section I - Coverage B - Personal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: Fungi Or Bacteria a."Personal and advertising injury" which would not have taken place, in whole or in part, but for the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of any "fungi" or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such injury.
b.Any loss, cost or expense arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, "fungi" or bacteria, by any insured or by any other person or entity.
C.The following definition is added to the Definitions Section: "Fungi" means any type or form of fungus, includ-
effects of, "fungi" or bacteria, by any insured or by any other person or entity.
C.The following definition is added to the Definitions Section: "Fungi" means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi.
INSURED CG 21 73 01 15 Copyright, Insurance Services Office, Inc., 2014 Page 1 of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ I T CAREFULLY.
EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAG E PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PA RT RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added: This insurance does not apply to: TERRORISM "Any injury or damage" arising, directly or indirectly, out of a "certified act of terrorism".
B. The following definitions are added: 1. For the purposes of this endorsement, "any injury or damage" means any injury or damage covered under any Coverage Part to which this endorsement is applicable, and includes but is not limited to "bodily injury", "property damage", "personal and advertising injury", "injury" or "environmental damage" as may be defined in any applicable Coverage Part.
2. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance
f the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: a. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and b.The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion.
C.The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terro rism exclusion, do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part.
INSURED CG 24 26 04 13 Copyright, Insurance Services Office, Inc., 2012 Page 1 of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ I T CAREFULLY.
AMENDMENT OF INSURED CONTRACT DEFINITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PA RT The definition of "insured contract" in the Definitions section is replaced by the following: "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract";
of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. However, such part of a contract or agreement shall only be considered an "insured contract" to the extent your assumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opin-
rpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities.
INSURED / AUTHORIZED REPRESENTATIVE DATE GLS-30s (1-15) Page 1 of 1 ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO. ENDORSEMENT NO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS SPECIAL CONDITIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITION S: Contractors Special Conditions You will obtain current certificates of insurance f rom all independent contractors providing evidence of: 1. "Bodily injury" and "property damage" liability Lim its of Insurance equal to or greater than the limit s provided by this policy; 2. Coverage equal to or greater than the coverage prov ided by this policy; and 3. Effective dates of coverage that "coincide" with th e effective dates of coverage on this policy.
ded by this policy; 2. Coverage equal to or greater than the coverage prov ided by this policy; and 3. Effective dates of coverage that "coincide" with th e effective dates of coverage on this policy.
Failure to comply with this condition does not alte r the coverage provided by this policy, but will re sult in an additional premium charge.
The following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITION S, paragraph 5.
Premium Audit: Should you fail to provide current certificates of insurance from all independent contractors at such times as we request to complete a premium audit, a premium charge will be made. The premium charge will be computed by multiplying the "total cost" of all work sublet that fails to meet the above condi tion, by the rate per $1,000 payroll for the applic able classification of the work performed. The premium charge will be computed by multiplying our usu al and customary rate per $1,000 payroll for that classification.
For purposes of this endorsement the following defi nitions apply: "Total cost" means the cost of all labor, materials and equipment furnished, used or delivered for use in the execution of the work and all fees, bonuses or comm issions paid.
"Coincide" means that the effective dates of covera ge for all policies of all independent contractors covers that period of time during which work was performed for you within the effective dates covered by this policy.
INSURED CPS3157105 05/11/2019 PARKWAY VILLAGE HOA 42043 GLS-44s (9-16) Page 1 of 3 ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO. ENDORSEMENT NO.
PLEASE REFER TO THE SCHEDULE OF LOCATIONS, UTS-SP-3THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO. ENDORSEMENT NO.
PLEASE REFER TO THE SCHEDULE OF LOCATIONS, UTS-SP-3THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SEXUAL AND/OR PHYSICAL ABUSE LIABILITY COVERAGE FOR M Designated Premises: (If no entry appears above, information required to complete this endorsement will be shown in the Dec larations as applicable to this endorsement.)
INSURING AGREEMENT Sexual and/or Physical Abuse Liability is covered u p to the limits of liability shown below. Coverage is subject to this coverage form and the exclusions, cond itions and other terms of this policy.
Limits of Liability Coverage Advance Premium Premium Bases Rates Description of Haz ards $ $ TOTAL ADVANCE PREMIUM I. COVERAGES - SEXUAL AND/OR PHYSICAL ABUSE LIABILIT Y A. We will pay on your behalf all sums which you shall become legally obligated to pay as DAMAGES because of injury manifesting during the policy per iod to any person, and arising out of SEXUAL AND/OR PHYSICAL ABUSE, caused by one of your EMPLOYEES, or arising out of your failure to properly supervise. We shall have the right and dut y to defend any suit against you seeking such DAMAGES, even if any of the allegations of the suit are gro undless, false or fraudulent, and may make such investigation and such settlement of any claim or suit as we deem expedient, but we shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit o f our liability has been exhausted.
B. This insurance applies to DAMAGES from SEXUAL AND/OR PHYSICAL ABUSE only if the SEX-
any claim or judgment or to defend any suit after the applicable limit o f our liability has been exhausted.
B. This insurance applies to DAMAGES from SEXUAL AND/OR PHYSICAL ABUSE only if the SEXUAL AND/OR PHYSICAL ABUSE takes place in the "coverage territory." CPS3157105 05/11/2019 PARKWAY VILLAGE HOA 42043 25,000 50,000 INCLUDED INSURED GLS-44s (9-16) Page 2 of 3 II. EXCLUSIONS This policy does not apply: A. To any actual or alleged SEXUAL AND/OR PHYSICAL ABUSE by you or PERSONS INSURED (see Section III. below); B. To liability of others assumed by you under any con tract or agreement, either oral or in writing, unless specifically endorsed hereon; C. To any obligation for which you or any carrier as y our insurer may be held liable under any workers' compensation, unemployment compensation or disabili ty benefits law, or under any similar law; D. To bodily injury to, or SEXUAL AND/OR PHYSICAL ABUSE, sickness, disease or death sustained by any of your EMPLOYEES arising out of, and in the course of employment by you; E. To any loss or claim either directly or indirectly arising from your activities as an officer or direc tor of any corporation, company or business other than tha t of the Named Insured; F. To any claim for punitive or exemplary damages; or G. To any loss or claim arising from corporal punishme nt.
III. PERSONS INSURED Each of the following is an insured under this insu rance to the extent set forth below: A. If the Named Insured is designated in the DECLARATI ONS as an individual, the person so designated, but only with respect to the conduct of a bu siness of which he is the sole proprietor, and the spouse of the Named Insured with respect to the con duct of such a business;
the person so designated, but only with respect to the conduct of a bu siness of which he is the sole proprietor, and the spouse of the Named Insured with respect to the con duct of such a business; B. If the Named Insured is designated in the DECLARATI ONS as a partnership or joint venture, the partnership or joint venture so designated and any partner or member thereof but only with respect to his liability as such; or C. If the Named Insured is designated in the DECLARATI ONS as other than an individual, partnership or joint venture, the organization so designated an d any executive officer, director or stockholder thereof while acting within the scope of his duties as such.
IV. LIMITS OF LIABILITY Regardless of the number of insureds under this pol icy, our liability is limited as follows: The limit of liability stated in the schedule as ap plicable to each claim is the limit of our liabilit y for all DAMAGES because of each claim or suit covered hereby. The limit of liability stated in the schedule as aggregate, subject to the above provision regarding each claim, is the total limit of our liability un der this Coverage for all DAMAGES.
V. SUPPLEMENTARY PAYMENTS We will pay, in addition to the applicable limit of liability for DAMAGES, all interest on that amount of any judgment payable by us that accrues after entry of the judgment and before we have paid, offered to pay or deposited in court the amount available for the judgment.
VI. DEFINITIONS A. SEXUAL AND/OR PHYSICAL ABUSE means sexual or physical injury or abuse, includin g assault and battery, negligent or deliberate touching. Any multiple, continuous, or related acts of SEXUAL AND/OR PHYSICAL ABUSE against a single claimant or victim shall be treat ed as a single SEX-
assault and battery, negligent or deliberate touching. Any multiple, continuous, or related acts of SEXUAL AND/OR PHYSICAL ABUSE against a single claimant or victim shall be treat ed as a single SEXUAL AND/OR PHYSICAL ABUSE claim for determining the Each Claim limits of ins urance available under this coverage form regardless of the num ber of acts, events, conditions, injuries, / AUTHORIZED REPRESENTATIVE DATE GLS-44s (9-16) Page 3 of 3 perpetrators, claims, causes of action, theories of liability, lawsuits, or insurance policies in effe ct at any point during exposure to the SEXUAL AND/OR PHYSICAL ABUSE.
The SEXUAL AND/OR PHYSICAL ABUSE must have been manifested within the policy period .
The SEXUAL AND/OR PHYSICAL ABUSE shall be deemed to have been manifested as of the earliest date that any element of the SEXUAL AND/OR PHYSICAL ABUSE took place, regardless of whether such SEXUAL AND/OR PHYSICAL ABUSE was continuous or progressive.
B. EMPLOYEE means any person, other than a PERSON INSURED, in your employment, including, but not limited to persons with child caring respon sibilities, attendants, janitors, bus drivers and v olunteer workers.
C. DAMAGES means all damages, including damages for death, wh ich are payable because of injury to which this insurance applies.
/ AUTHORIZED REPRESENTATIVE DATE GLS-45s (8-04) ENDORSEMENT NO.
ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SEXUAL AND/OR PHYSICAL ABUSE EXCLUSION This endorsement modifies insurance provided under: COMMERCIAL GENERAL LIABILITY COVERAGE PART
O.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SEXUAL AND/OR PHYSICAL ABUSE EXCLUSION This endorsement modifies insurance provided under: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART ERRORS AND OMISSIONS COVERAGE PART This policy does not apply to any injury sustained by any person arising out of or resulting from "Sexual and /or Physical abuse" by: 1. any insured; 2. any of your "Employees"; 3. any person performing volunteer services for you or on your behalf; or 4. any other person.
We shall not have any duty to defend any suit again st you seeking "damages" on account of any such injury.
The intent of this endorsement is to exclude all in jury sustained by any person, including emotional distress, arising out of "Sexual and/or Physical abuse" including but not limited to "Sexual and/or Physical abuse" caused by negligent employment, investigation, supervision, or r eporting to the proper authorities, or failure to so report, or retention of a person for whom any insured is or ever wa s legally responsible. The following Definitions are added to the policy: 1. "Sexual and/or Physical abuse" means sexual or physical injury or abuse, including but not limited to assault and battery, negligent or deliberate touchi ng, corporal punishment and mental abuse.
2. "Employee" means any person, other than a person insured, in your employment, including, but not lim ited to: a. persons with child caring responsibilities; b. attendants; c. janitors; d. bus drivers; and e. volunteer workers.
3. "Damages" means all damages, including damages for death, which are payable because of injury to which this insurance applies.
b. attendants; c. janitors; d. bus drivers; and e. volunteer workers.
3. "Damages" means all damages, including damages for death, which are payable because of injury to which this insurance applies.
All other terms and conditions remain unchanged. CPS3157105 05/11/2019 PARKWAY VILLAGE HOA 42043 INSURED ENDORSEMENT NO.
ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
/ AUTHORIZED REPRESENTATIVE DATE GLS-47s (10-07) Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MINIMUM AND ADVANCE PREMIUM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PA RT SCHEDULE Item 5.b. of the Premium Audit condition under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, SECTION IV - LIQUOR LIABILITY CONDITIONS and SECTION IV - PRODUCTS/COMPLETED OPERATIONS LIABILITY CONDITIONS is amended to read: b. The advance premium for this Coverage Part is a deposit premium only. The final premium shall be subject to audit. At the close of each audit period we will compute the earned premium for that period. Any audit premiums are due and payable to us on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium, we will return the excess to the first Named Insured, subject to the minimum premium as defined below. In the event the first Named Insured fails or refuses to allow our representative to audit your books and
turn the excess to the first Named Insured, subject to the minimum premium as defined below. In the event the first Named Insured fails or refuses to allow our representative to audit your books and records, we may unilaterally charge a final premium for the Policy Period at double the minimum or advance premium, whichever is greater, and such final premium shall be immediately due and payable on notice to the first Named Insured.For purposes of this endorsement, the terms advance premium, earned premium, and minimum premium are defined as follows: Advance Premium - the premium that is stated in the applicable initial policy Declarations or Renewal C ertificate and payable in full by the first Named Insured at the inception of each Policy Period.
Earned Premium - the premium that is developed by applying the rate(s) scheduled in the policy to the actual premium basis for the audit period.
Minimum Premium - the lowest premium for which this insurance will be written for the Policy Period sta ted in Item 2. of the Declarations of the applicable initial poli cy or subsequent Renewal Certificate. This minimum premium is equal to 100% (unless a different percen tage [%] is shown in the Schedule above) of the advance premium including any premium adjustments made by endorsement to this policy during the Polic y Period. Premium adjustments do not include the audi t premium developed for the Policy Period stated in Item 2. of the Declarations.CPS3157105 05/11/2019 PARKWAY VILLAGE HOA 42043 100 gls47sc.fap INSURED / AUTHORIZED REPRESENTATIVE DATE GLS-74s (9-05) ENDORSEMENT NO.
ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
DATE GLS-74s (9-05) ENDORSEMENT NO.
ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT OF CONDITIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAG E PART PRODUCTS COMPLETED OPERATIONS COVERAGE PART The Condition entitled When We Do Not Renew is deleted in its entirety.CPS3157105 05/11/2019 PARKWAY VILLAGE HOA 42043 INSURED / AUTHORIZED REPRESENTATIVE DATE GLS-106s (12-13) Page 1 of 1 ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO. ENDORSEMENT NO.
Includes copyrighted material of ISO Properties, In c., with its permission.
Copyright, ISO Properties, Inc., 2010 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TOTAL LIQUOR LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Paragraph Exclusion 2.c. of SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by: c. Liquor Liability (1) "Bodily injury" or "property damage" for which any insured or an indemnity of the insured may be held liable by reason of: (a) Causing or contributing to the intoxication of any person, including causing or contributing to the intoxication of any person because alcoh olic beverages were permitted to be
ble by reason of: (a) Causing or contributing to the intoxication of any person, including causing or contributing to the intoxication of any person because alcoh olic beverages were permitted to be brought on your premises, for consumption on your p remises; (b) The furnishing of alcoholic beverages to a person u nder the legal drinking age or under the influence of alcohol; or (c) Any statute, ordinance or regulation relating to th e sale, gift, distribution or use of alcoholic beverages.
(2) Paragraph (1) applies even if the claims or "suits" against any insured or an indemnity of the insured allege negligence or other wrongdoing in the: (a) Supervision, hiring, employment, training or monito ring of others who are manufacturing, distributing, selling, serving or furnishing alcoho lic beverage; or (b) Providing or failing to provide transportation to a ny person that may be under the influence of alcohol.
INSURED CPS3157105 05/11/2019 PARKWAY VILLAGE HOA 42043 GLS-130s (2-15) Page 1 of 3 ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO. ENDORSEMENT NO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LIMITED PARTICIPANT COVERAGE - SPORTS This endorsement modified insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to subsection 2. Exclusions of SECTION I - COVERAGES COVERAGE A.
BODILY INJURY AND PROPERTY DAMAGE LIABILITY: This insurance does not apply to "bodily injury" to "participant(s)."
We will have no duty to defend any "suit" against y ou seeking damages on account of any such injury unless coverage is provided by this endorsement.
not apply to "bodily injury" to "participant(s)."
We will have no duty to defend any "suit" against y ou seeking damages on account of any such injury unless coverage is provided by this endorsement.
B. The following is added to subsection 2. Exclusions of COVERAGE C. MEDICAL PAYMENTS of SECTION I - COVERAGES: We will not pay expenses for "bodily injury" to "pa rticipant(s)."
C. The coverage provided is described below: The following is added to SECTION I - COVERAGES: COVERAGE - LIABILITY TO "PARTICIPANT(S)" 1. Insuring Agreement a. We will pay those sums that the insured becomes leg ally obligated to pay as damages because of "bodily injury" to any "participant(s)" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" s eeking those damages. However, we will have no duty to defend the insured against any "sui t" seeking damages for "bodily injury" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But : (1) The amount we will pay for damages is limited as de scribed in Section D. of this endorsement; (2) Our right and duty to defend ends when we have used the applicable limit of insurance in payment of judgments or settlements; and (3) No other obligation or liability to pay sums or per form acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS - COVERAGES A. AND B. CPS3157105 05/11/2019 PARKWAY VILLAGE HOA 42043 gls130s0215a.fap INSURED Page 2 of 3 GLS-130s (2-15) b. This insurance applies to "bodily injury" only if: (1) The "bodily injury" is caused by an "occurrence" th at takes place in the "coverage territory"; (2) The "bodily injury" occurs during the policy period ;
urance applies to "bodily injury" only if: (1) The "bodily injury" is caused by an "occurrence" th at takes place in the "coverage territory"; (2) The "bodily injury" occurs during the policy period ; (3) Prior to the policy period, no insured listed under paragraph 1. of SECTION II - WHO IS AN INSURED and no "employee" authorized by you to give or rec eive notice of an "occurrence" or claim, knew that the "bodily injury" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" occurred, then any continuation, change or re sumption of such "bodily injury" during or after the policy period will be deemed to have b een known prior to the policy period.
c. "Bodily injury" which occurs during the policy peri od and was not, prior to the policy period, known to have occurred by any insured listed under paragraph 1. of SECTION II - WHO IS AN INSURED or any "employee" authorized by you to give or rece ive notice of an "occurrence" or claim, includes any continuation, change or resumpt ion of that "bodily injury" after the end of the policy period.
d. "Bodily injury" will be deemed to have been known t o have occurred at the earliest time when any insured listed under paragraph 1. of SECTION II - WHO IS AN INSURED or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" to us or any other insurer; (2) Receives a written or verbal demand or claim for da mages because of the "bodily injury"; or (3) Becomes aware by any other means that "bodily injur y" has occurred or has begun to occur.
e. Damage because of "bodily injury" includes damages claimed by any person or organization
y injury"; or (3) Becomes aware by any other means that "bodily injur y" has occurred or has begun to occur.
e. Damage because of "bodily injury" includes damages claimed by any person or organization for care, loss of services or death resulting at an y time from the "bodily injury."
2. Exclusions This insurance does not apply to: a. "Bodily injury" that is excluded under SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, subsection 2. Exclusions, paragraphs a., b., c., d., e., f., g., h., i., and o.
b. "Bodily injury" arising from "brain injuries" susta ined by any "participant" while practicing for or participating in any sports or athletic contest, ev ent, or exhibition that you sponsor.
D. With respect to this endorsement, the following is added to SECTION III - LIMITS OF INSURANCE: The Limits of Insurance are $25,000 Each "Occurrenc e" and $50,000 Aggregate per policy period, unless otherwise stated below: The aggregate limit shown above is part of, and not in addition to, the General Aggregate limit shown on the Declarations.
/ AUTHORIZED REPRESENTATIVE DATE GLS-130s (2-15) Page 3 of 3 This insurance does not apply to any claim for dama ges because of "bodily injury" or "property damage" brought by one "participant" against another "parti cipant(s)."
E. With respect to this endorsement, the following def initions are added to SECTION V - DEFINITIONS: The term "brain injuries" includes concussions, Chr onic Traumatic Encephalopathy (CTE) or any other injury to the brain as well as any symptoms, condit ions, disorders or diseases resulting there from in -
rm "brain injuries" includes concussions, Chr onic Traumatic Encephalopathy (CTE) or any other injury to the brain as well as any symptoms, condit ions, disorders or diseases resulting there from in cluding, but not limited to amnesia and motor neuro n disease.
"Participant(s)" means any person, including player s, coaches, managers, staff members, team workers, officials, cheerleaders, students, custome rs and volunteers, who is instructing, supervising, training or practicing for, participating in or oth erwise involved in any games, sports or athletic ac tivity, contest or exhibition that you manage, operate or s ponsor.
GLS-152s (8-16) Page 1 of 2 ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO. ENDORSEMENT NO.
Includes copyrighted material of ISO Properties, In c., with its permission.
Copyright, ISO Properties, Inc., 2013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT TO OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITION S is deleted in its entirety and is replaced by the follow ing: 4. Other Insurance a. Primary Insurance This insurance is primary except when b. below applies.
b. Excess Insurance (1) This insurance is excess over any other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, In stallation Risk or similar coverage for "your work"; (b) That is Fire insurance for premises rented to you o r temporarily occupied by you with permission of the owner;
Coverage, Builder's Risk, In stallation Risk or similar coverage for "your work"; (b) That is Fire insurance for premises rented to you o r temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your li ability as a tenant for "property damage" to premises rented to you or temporarily oc cupied by you with permission of the owner; (d) If the loss arises out of the maintenance or use of aircraft, "auto" or watercraft to the extent not subject to Exclusion g. of Coverage A (SECTION I); or (e) That is valid and collectible insurance available t o any insured under any other policy.
(2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit." If no other insurer defends, w e will undertake to do so, but we will be entitled to the insured's rights against all those other insurers.
(3) When this insurance is excess over other insurance, we will pay only the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance woul d pay for the loss in the absence of this insurance; and CPS3157105 05/11/2019 PARKWAY VILLAGE HOA 42043 INSURED / AUTHORIZED REPRESENTATIVE DATE GLS-152s (8-16) Page 2 of 2 Includes copyrighted material of ISO Properties, In c., with its permission.
Copyright, ISO Properties, Inc., 2013 (b) The total of all deductible and self-insured amount s under all other insurance.
If a loss occurs involving two or more policies, ea ch of which states that its insurance will be excess, then our policy will contribute on a pro rata basis.
ENDORSEMENT NO.
ATTACHED TO AND
surance.
If a loss occurs involving two or more policies, ea ch of which states that its insurance will be excess, then our policy will contribute on a pro rata basis.
ENDORSEMENT NO.
ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
/ AUTHORIZED REPRESENTATIVE DATE GLS-281s (9-07) Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTINUING OR ONGOING DAMAGE EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAG E FORM - COVERAGE FOR OPERATIONS OF DESIGNATED CONTRA CTOR The following exclusion is added to subsection 2. Exclusions of SECTION I - COVERAGE: This insurance does not apply to "property damage" when any of the following apply: Continuing Or Ongoing Damage 1. The "property damage" first occurred, began to occu r or is alleged to have occurred or been in the process of occurring, to any degree, in whole or in part, prior to the inception date of this policy.
2. The "property damage" is indiscernible from other d amage that is incremental, continuous or progressive damage arising from an "occurrence" which first occurred, began to occur or is alleged to have occurred, to any degree, in whole or in part, prior to the inception date of this policy. CPS3157105 05/11/2019 PARKWAY VILLAGE HOA 42043 INSURED / AUTHORIZED REPRESENTATIVE DATE GLS-304s (7-08) Page 1 of 1 ENDORSEMENT NO.
ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
DATE GLS-304s (7-08) Page 1 of 1 ENDORSEMENT NO.
ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CROSS LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is added to SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2. Exclusions: This insurance does not apply to "bodily injury" or "property damage" arising out of any claim or "sui t" brought by any Named Insured against another Named Insured.
The following is added to SECTION I - COVERAGES, COVERAGE B PERSONAL AND ADVE RTISING INJURY LIABILITY, paragraph 2. Exclusions: This insurance does not apply to "personal and adve rtising injury" arising out of any claim or "suit" brought by any Named Insured against another Named Insured.
INSURED CPS3157105 05/11/2019 PARKWAY VILLAGE HOA 42043 GLS-341s (8-12) Page 1 of 2 ENDORSEMENT NO.
ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
HYDRAULIC FRACTURING EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ERRORS AND OMISSIONS COVERAGE PART A. The following is added to Paragraph 2. Exclusions of Section I - Coverage A. Bodily Injury And Property Damage Liability of the Commercial General Liability Coverage Part and Paragraph 2. Exclusions of SECTION I - COVERAGE of the Errors And Omissions Coverage Part: This insurance does not apply to: Hydraulic Fracturing
the Commercial General Liability Coverage Part and Paragraph 2. Exclusions of SECTION I - COVERAGE of the Errors And Omissions Coverage Part: This insurance does not apply to: Hydraulic Fracturing 1. "Bodily injury," "property damage" or "error or omission": a. Arising, in whole or in part, out of any operation involving substances under pressure being pumped underground with the objective of creating fractures in geologic formations to facilitate the release and extraction of hydrocarbons, including, but not limited to, oil or natural gas. Such operations include, but are not limited to, "hydraulic fracturing," "gas fracking" and/or the actual, alleged, threatened or suspected contact with, exposure to, existence of or presence of any "flowback" or the handling, transporting, storage, release or disposal of any "flowback" by any insured or by any other person or entity; or b. Caused, directly or indirectly or in whole or in part, by the movement, in any direction, of earth or land arising, in whole or in part, out of any operation involving substances under pressure being pumped underground with the objective of creating fractures in underground geologic formations to facilitate the release and extraction of hydrocarbons, including, but not limited to, oil or natural gas. Such operations include, but are not limited to, "hydraulic fracturing" or "gas fracking."
2.Any loss, cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, remediating or disposing of, or in any way responding to or assessing the effects of "hydraulic fracturin g," "gas fracking" or "flowback," by any insured or by any other person or entity.
We will have no duty to settle any claim or defend any
responding to or assessing the effects of "hydraulic fracturin g," "gas fracking" or "flowback," by any insured or by any other person or entity.
We will have no duty to settle any claim or defend any "suit" against the insured arising out of or in any way related to items 1. or 2. above.
B.The following is added to Paragraph 2. Exclusions of Section I - Coverage B. Personal And Advertising In jury Liability of the Commercial General Liability Cove rage Part: This insurance does not apply to: Hydraulic Fracturing 1."Personal and advertising injury": a.Arising, in whole or in part, out of any operation involving substances under pressure being pumped underground with the objective of creating fractures in underground geologic formations to facilitate the release and extraction of hydrocarbons, including, but not limited to, oil or natural gas. Such operations include, INSURED CPS3157105 05/11/2019 PARKWAY VILLAGE HOA 42043 / AUTHORIZED REPRESENTATIVE DATE GLS-341s (8-12) Page 2 of 2 but are not limited to, "hydraulic fracturing," "gas fracking" and/or the actual, alleged, threatened or suspected contact with, exposure to, existence of or presence of any "flowback" or the handling, transporting, storage, release or disposal of any "flowback" by any "insured" or by any other person or entity; or b. Caused, directly or indirectly or in whole or in part, by the movement, in any direction, of earth or land arising, in whole or in part, out of any operation involving substances under pressure being pumped underground with the objective of creating fractures in underground geologic formations to facilitate the release and extraction of hydrocarbons, including, but
substances under pressure being pumped underground with the objective of creating fractures in underground geologic formations to facilitate the release and extraction of hydrocarbons, including, but not limited to, oil or natural gas. Such operations include, but are not limited to, "hydraulic fracturing" or "gas fracking."
2. Any loss, cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, remediating or disposing of, or in any way responding to or assessing the effects of "hydraulic fracturin g," "gas fracking" or "flowback," by any insured or by any other person or entity.
We will have no duty to settle any claim or defend any "suit" against the insured arising out of or in any way related to items 1. or 2. above. For purposes of this endorsement, the following def initions apply: 1."Hydraulic fracturing," or hydrofracking means the process by which water, "proppants," chemicals and/or other fluid additives are injected at high pressure into underground geologic formations to create fractures, to facilitate the extraction of a ny hydrocarbons including but not limited to natural gas and/or oil.
2."Flowback" means any substance containing returned "hydraulic fracturing" fluid, including but not limited to water, "proppants," "hydraulic fract uring" fluid additives; and, any hydrocarbon compounds, salts, conventional pollutants, organics, metals, and naturally occurring radioactive materia l brought to the surface with the water.
3."Gas fracking" or liquefied propane/butane gas fracturing means the waterless process by which propane gel and "proppants" are injected at high pressure into underground geologic formations
water.
3."Gas fracking" or liquefied propane/butane gas fracturing means the waterless process by which propane gel and "proppants" are injected at high pressure into underground geologic formations to create fractures, to facilitate the release and extraction of natural gas.
4."Proppant" means particles that are used to keep fractures open after a hydraulic fracturing treatment.
/ AUTHORIZED REPRESENTATIVE DATE GLS-457s (10-14) Page 1 of 1 ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO. ENDORSEMENT NO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AIRCRAFT EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is added to paragraph 2. Exclusions of SECTION I - COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY: This insurance does not apply to: "Personal and advertising injury" arising out of th e ownership, maintenance, use or entrustment to others of any aircraft. Use includes operation and "loading and unloading."
This exclusion applies even if claims against any i nsured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monito ring of others by any insured.
INSURED CPS3157105 05/11/2019 PARKWAY VILLAGE HOA 42043 IL 00 21 09 08 Page 1 of 2 Copyright, ISO Properties, Inc., 2007 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART
vided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAG E PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PA RT RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: A. Under any Liability Coverage, to "bodily injury" or "property damage": (1) With respect to which an "insured" under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "insured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization.
B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. C.Under any Liability Coverage, to "bodily injury"
lting from the "hazardous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. C.Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazardous properties" of "nuclear material", if: (1) The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on behalf of, an "insured" or (b) has been discharged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an "insured"; or (3) The "bodily injury" or "property damage" arises out of the furnishing by an "insured" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility", but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to "property damage" to such "nuclear facility" and any property thereat.
2.As used in this endorsement: "Hazardous properties" includes radioactive, toxic or explosive properties.
"Nuclear material" means "source material", "special nuclear material" or "by-product material". IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ I T CAREFULLY.
INSURED IL 00 21 09 08 Page 2 of 2 Copyright, ISO Properties, Inc., 2007 "Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof.
"Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor".
mic Energy Act of 1954 or in any law amendatory thereof.
"Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor".
"Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nucl ear facility".
"Nuclear facility" means: (a) Any "nuclear reactor"; (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel", or (3) handling, processing or packaging "waste"; (c) Any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the "insured" at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations.
"Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-suppor ting chain reaction or to contain a critical mass of fissionable material.
"Property damage" includes all forms of radioactive contamination of property.
ENDORSEMENT NO.
ear fission in a self-suppor ting chain reaction or to contain a critical mass of fissionable material.
"Property damage" includes all forms of radioactive contamination of property.
ENDORSEMENT NO.
ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ASBESTOS EXCLUSION UTS-266g (5-98) / AUTHORIZED REPRESENTATIVE DATE This policy does not apply to: (1) Damages in any way or to any extent arising out of or involving asbestos, asbestos fibers, or any product containing asbestos or asbestos fibers.
(2) Any economic loss, diminution of property value, abatement costs, or any other loss, cost or expense including equitable relief, in any way or to any ex tent arising out of or involving asbestos, asbestos fibe rs or any product containing asbestos or asbestos fibers.
(3) Any fees, fines, costs, or expenses of any natur e whatsoever in the investigation or defense of any c laim or suit arising out of or involving asbestos, asbes tos fibers, or any product containing asbestos or asbes tos fibers.
05/11/2019 PARKWAY VILLAGE HOA 42043 CPS3157105 INSURED UTS-267g (5-98) / AUTHORIZED REPRESENTATIVE DATE ENDORSEMENT NO.
ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LEAD CONTAMINATION EXCLUSION This policy does not apply to: 1. Any damages arising out of the ingestion, inhalat ion or absorption of lead in any form.
2. Any loss, cost or expense arising out of any:
LEAD CONTAMINATION EXCLUSION This policy does not apply to: 1. Any damages arising out of the ingestion, inhalat ion or absorption of lead in any form.
2. Any loss, cost or expense arising out of any: (a) Request, demand or order that any "insured" or o thers test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respon d to, or assess the effects of lead; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, trea ting, detoxifying or neutralizing, or in any way responding to, or assessing the effects of lead.05/11/2019 PARKWAY VILLAGE HOA 42043 CPS3157105 INSURED / AUTHORIZED REPRESENTATIVE DATE UTS-365s (2-09) Page 1 of 1 ENDORSEMENT NO.
ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT OF NONPAYMENT CANCELLATION CONDITION Wherever a Cancellation Condition for nonpayment of premium is found in the policy, the following is added: If the insured failed to pay premium charged on a p rior policy we issued and payment was due during the current renewal policy term, we may cancel this policy by mailing or delivering to the first Named Insured and mortgagee, if any, written notice of canc ellation at least ten (10) days before the effectiv e date of cancellation.
INSURED CPS3157105 05/11/2019 PARKWAY VILLAGE HOA 42043 / AUTHORIZED REPRESENTATIVE DATE UTS-428g (11-12) Page 1 of 1 ENDORSEMENT NO.
ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE
HORIZED REPRESENTATIVE DATE UTS-428g (11-12) Page 1 of 1 ENDORSEMENT NO.
ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PREMIUM AUDIT The following is added to the Premium Audit provisi on: If the first Named Insured fails or refuses to prov ide documentation adequate to determine the apporti onment of exposures by class code, we may unilaterall y apply all exposures to the class code with the hi ghest rate stated in the policy including any class code adjustments made by endorsement.
INSURED CPS3157105 05/11/2019 PARKWAY VILLAGE HOA 42043 CPS-SD-1 (2-16) COMMERCIAL PROPERTY COVERAGE PART SUPPLEMENTAL DECLARATIONS Policy No.: Effective Date: 12:01 A.M. Standard Time Named Insured: Agent No.: Item 1. Business Description: Item 2. Premises Described: See Schedule of Locations Item 4. Coverages Provided: Prem.
No. Bldg.
No. Coverage Limit of Insurance Covered Causes of Loss Coins.
Other Provisions Item 5. Forms and Endorsements: Form(s) and Endorsement(s) made a part of this poli cy at time of issue: See Schedule of Forms and Endorsements
Item 5. Forms and Endorsements: Form(s) and Endorsement(s) made a part of this poli cy at time of issue: See Schedule of Forms and Endorsements THIS SUPPLEMENTAL DECLARATIONS AND THE COMMON POLIC Y DECLARATIONS, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENT(S), IF ANY, COMPLETE THE ABOVE-NUMBERED POLICY Item 3. $500 Deductible unless otherwise indicated.
Prem.
No. Bldg.
No. Coverage Limit of Insurance Covered Causes of Loss Coins.
Other Provisions Prem.
No. Bldg.
No. Coverage Limit of Insurance Covered Causes of Loss Coins.
Other Provisions PARKWAY VILLAGE HOA 42043 HOMEOWNERS ASSOCIATION 1 1 BUILDING 625,000 SPECIAL RATE 0.65 80% FRAME 1983 2 X $1,000 SEE UTS-183G FOR WIND/HAIL DEDUCTIBLE
PARKWAY VILLAGE HOA 42043 HOMEOWNERS ASSOCIATION 1 1 BUILDING 625,000 SPECIAL RATE 0.65 80% FRAME 1983 2 X $1,000 SEE UTS-183G FOR WIND/HAIL DEDUCTIBLE 1 2 BUILDING 60,000 SPECIAL RATE 1.04 80% 1983 X $1,000 SEE UTS-183G FOR WIND/HAIL DEDUCTIBLE cpssd10216.fap INSURED CFS-20s (10-17) Page 1 of 10 ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO. ENDORSEMENT NO.
Includes copyrighted material of ISO Properties, In c., with its permission.
Copyright, ISO Properties, Inc., 2007 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL PROPERTY EXTENSION This endorsement modifies insurance provided under the following: BUILDING AND PERSONAL PROPERTY COVERAGE FORM CAUSES OF LOSS - SPECIAL FORM SCHEDULE COVERAGE LIMIT OF INSURANCE Limited Equipment Breakdown $25,000 Computer Equipment $25,000 Accounts Receivable $25,000 Outdoor Signs $25,000 Spoilage $25,000 Valuable Papers $25,000 Money And Securities $25,000 Water Backup Or Overflow Of Sewers And Drains $ 5,0 00 Employee Dishonesty $25,000 With respect to this endorsement, the following Ded uctible provisions apply: The deductible for Limited Equipment Breakdown is f ive hundred dollars ($500) per occurrence. The deductible per occurrence for all other coverages in the schedule of this endorsement is five hundred do llars ($500) per coverage subject to a maximum of $1 ,000 in any one occurrence for all other coverages other than Limited Equipment Breakdown. We will not pay for loss or damage in any one occurrence until the amount of loss or damage exceeds the Dedu ctible. We will then pay the amount of loss or dam-
ther than Limited Equipment Breakdown. We will not pay for loss or damage in any one occurrence until the amount of loss or damage exceeds the Dedu ctible. We will then pay the amount of loss or damage in excess of that Deductible, up to the applica ble Limit of Insurance provided by this endorsement .
For coverages other than Limited Equipment Breakdow n, no other deductible in this policy applies to the coverage provided by this endorsement.
In the event that loss or damage from a Covered Cau se of Loss under Limited Equipment Breakdown occurs to covered Property as a result of one occur rence, and more than one deductible under the policy can apply, the largest applicable deductible fo r that Covered Cause of Loss will apply.CPS3157105 05/11/2019 PARKWAY VILLAGE HOA 42043 150 INSURED CFS-20s (10-17) Page 2 of 10 Includes copyrighted material of ISO Properties, In c., with its permission.
Copyright, ISO Properties, Inc., 2007 The following is added as an Additional Coverage to the CAUSES OF LOSS - SPECIAL FORM: Additional Coverage - Limited Equipment Breakdown The term Covered Cause of Loss includes the Additional Coverage - Limited Equipment Breakdown as described and limited below.
1. We will pay for direct physical damage to Covered P roperty that is the direct result of an "accident."
The "accident" must occur on the premises described in the Declarations not withstanding any other provision in the policy.
2. The following coverages also apply to the direct re sult of an "accident." These coverages do not provide additional amounts of insurance.
a. Expediting Expenses With respect to your damaged Covered Property, we w ill pay the reasonable extra cost to: (1) Make temporary repairs; and (2) Expedite permanent repairs or permanent replacement .
Expediting Expenses With respect to your damaged Covered Property, we w ill pay the reasonable extra cost to: (1) Make temporary repairs; and (2) Expedite permanent repairs or permanent replacement .
b. Hazardous Substances We will pay for the additional cost to repair or re place Covered Property because of contamination by a "hazardous substance." This includes the additional expenses to clean up or dispose of such property.
As used in this coverage, additional costs means th ose beyond what would have been payable under this Limited Equipment Breakdown Coverage had no "hazardous substance" been involved.
3. Exclusions All exclusions in the CAUSES OF LOSS - SPECIAL FORM apply except as modified below and to the extent that coverage is specifically provided b y this Additional Coverage - Limited Equipment Breakdown.
a. The exclusions are modified as follows: As respects this Additional Coverage only, the last paragraph of Exclusion B.2.d. is replaced by: But if an excluded cause of loss that is listed in 2.d.(1) through (7) results in an "accident," we will pay for the loss, damage or expense caused by that "accident."
b. We will not pay under this Additional Coverage for loss, damage or expense caused by or resulting from: (1) Any defect, programming error, programming limitati on, computer virus, malicious code, loss of "data," loss of access, loss of use, loss o f functionality or other condition within or involving "data" or "media" of any kind. But if an "a ccident" results, we will pay for the resulting loss, damage or expense; (2) Any of the following tests: A hydrostatic, pneumatic or gas pressure test of an y boiler or pressure vessel, or an electrical insulation breakdown test of any type of electr ical equipment;
nse; (2) Any of the following tests: A hydrostatic, pneumatic or gas pressure test of an y boiler or pressure vessel, or an electrical insulation breakdown test of any type of electr ical equipment; (3) Change in temperature, humidity or pressure, whethe r or not resulting from an "accident"; or CFS-20s (10-17) Page 3 of 10 Includes copyrighted material of ISO Properties, In c., with its permission.
Copyright, ISO Properties, Inc., 2007 (4) Contamination by a refrigerant resulting from an "a ccident."
c. We will not pay under this Additional Coverage for loss, damage or expense caused directly or indirectly by any of the following, whether or not caused by or resulting from an "accident": Any earth movement, including, but not limited to e arthquake, subsidence, sinkhole collapse, landslide, earth sinking, tsunami or volcanic actio n.
d. We will not pay under this Additional Coverage for any loss or damage to animals, land (including land on which the property is located) or lawns .
e. With respect to Business Income and Extra Expense c overages, we will also not pay for: (1) Loss caused by your failure to use due diligence an d dispatch and all reasonable means to resume business; or (2) Any increase in loss resulting from an agreement be tween you and your customer or supplier.
The following conditions are in addition to Section E. Loss Conditions in the BUILDING AND PERSONAL PROPERTY COVERAGE FORM and the Common Policy Conditions.
a. Suspension Whenever "covered equipment" is found to be in, or exposed to, a dangerous condition, any of our representatives may immediately suspend the ins urance against loss from an "accident" to that "covered equipment." This can be done by maili ng or delivering a written notice of suspension to:
our representatives may immediately suspend the ins urance against loss from an "accident" to that "covered equipment." This can be done by maili ng or delivering a written notice of suspension to: (1) Your last known address; or (2) The address where the "covered equipment" is locate d.
Once suspended in this way, your insurance can be r einstated only by an endorsement for that "covered equipment." If we suspend your insurance, you will get a pro rata refund of premium for that "covered equipment" for the period of susp ension. But the suspension will be effective even if we have not yet made or offered a refund.
b. Jurisdictional Inspections If any property that is "covered equipment" under t his Additional Coverage requires inspection to comply with state or municipal boiler and pressu re vessel regulations, we agree to perform such inspection on your behalf. We do not warrant t hat conditions are safe or healthful.
The most we will pay for loss, damage or expense un der this Additional Coverage arising from any "one accident" is $25,000. Coverage provided under this Additional Coverage does not provide an additional amount of insurance.
If there is other coverage endorsed to this policy for the same loss, damage or expense, this Additional Coverage will pay only for the amount of cov ered loss, damage or expense in excess of the amount provided by the other coverage.
The following extensions are added to the BUILDING AND PERSONAL PROPERTY COVERAGE FORM, Section A. Coverage, paragraph 5. Coverage Extensions: 1. Accounts Receivable You may extend the insurance that applies to Your B usiness Personal Property to: a. All amounts due from your customers that you are un able to collect;
5. Coverage Extensions: 1. Accounts Receivable You may extend the insurance that applies to Your B usiness Personal Property to: a. All amounts due from your customers that you are un able to collect; CFS-20s (10-17) Page 4 of 10 Includes copyrighted material of ISO Properties, In c., with its permission.
Copyright, ISO Properties, Inc., 2007 b. Interest charges on any loan required to offset amo unts you are unable to collect pending our payment of these amounts; c. Collection expenses in excess of your normal collec tion expenses that are made necessary by the loss or damage; and d. Other reasonable expenses that you incur to re-esta blish your Records of Accounts Receivable; that result from loss or damage to your Records of Accounts Receivable.
The most we will pay under this Extension is $25,00 0 at each described premises.
2. Computer Equipment a. You may extend the insurance that applies to Your B usiness Personal Property to apply to: (1) Computer equipment and related component parts that are: (a) Your property; or (b) The property of others that is in your care, custod y or control; (2) Your instructional material and prepackaged softwar e programs purchased for use with your computer system; or (3) Your blank electronic or magnetic media.
b. The following CAUSES OF LOSS - SPECIAL FORM Exclusions do not apply to this Extension: (1) Exclusion 1.e. Utility Services; (2) Exclusion 2.a. (Artificially generated electric current); (3) Exclusion 2.d.(6) (Mechanical breakdown); or (4) Exclusion 2.d.(7) (Dampness or dryness of atmosphere, changes in or extremes of temperature and marring or scratching).
c. The most we will pay for loss or damage under this Extension is $25,000 at each described premises.
ess or dryness of atmosphere, changes in or extremes of temperature and marring or scratching).
c. The most we will pay for loss or damage under this Extension is $25,000 at each described premises.
If there is other coverage endorsed to this policy for the same loss, damage or expense, this Additional Coverage will pay only for the amount of cov ered loss, damage or expense in excess of the amount provided by the other coverage.
3. Money And Securities - Inside The Premises And Ou tside The Premises You may extend the insurance that applies to Your B usiness Personal Property to the loss of "money" and "securities" resulting from "theft," di sappearance or destruction.
Under this Extension, we will also pay for loss of "money" and "securities" away from the premises described in the Declarations in the care and custo dy of a "messenger" or an armored motor vehicle company resulting directly from "theft," disa ppearance or destruction.
The most we will pay under this Extension is $25,00 0 in any one policy year, regardless of the number of occurrences of loss or the number of premise s.
However, if this policy excludes loss or damage cau sed by or resulting from theft, coverage under this Extension is limited to loss or damage resulti ng from destruction of "money" and "securities.
CFS-20s (10-17) Page 5 of 10 Includes copyrighted material of ISO Properties, In c., with its permission.
Copyright, ISO Properties, Inc., 2007 4. Outdoor Signs The second paragraph of Section C. Limits Of Insurance of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM is replaced by: The most we will pay for loss or damage to outdoor signs, whether or not the sign is attached to a building, is $25,000 per sign in any one occurren ce.
5. Spoilage Coverage
RAGE FORM is replaced by: The most we will pay for loss or damage to outdoor signs, whether or not the sign is attached to a building, is $25,000 per sign in any one occurren ce.
5. Spoilage Coverage You may extend the insurance that applies to Your B usiness Personal Property for Covered Causes of Loss shown in the Declarations, but only with re spect to coverage provided by this endorsement.
a. Paragraph 1. Covered Property of Section A. Coverage is replaced by the following: Covered Property Covered Property means "perishable stock" at the pr emises described in the Declarations owned by you or by others that is in your care, cus tody or control.
b. The following is added to paragraph 2. Property Not Covered of Section A. Coverage: Covered Property does not include property located: (1) On buildings; (2) In the open; or (3) In vehicles.
c. Paragraphs A.5. Coverage Extensions are deleted in their entirety.
d. Paragraph B. Exclusions and Limitations is replaced by: (1) Only the following Exclusions contained in paragrap h B.1. of the CAUSES OF LOSS FORM - SPECIAL FORM apply to Spoilage Coverage: (a) Exclusion b. Earth Movement; (b) Exclusion c. Government Action; (c) Exclusion d. Nuclear Hazard; (d) Exclusion f. War and Military Action; or (e) Exclusion g. Water; (2) The following Exclusions are added: We will not pay for loss or damage caused directly or indirectly by any of the following.
Such loss or damage is excluded regardless of any o ther cause or event that contributes concurrently or in any sequence to the loss: (a) The disconnection of any refrigerating, cooling, or humidity control system from its source of power.
(b) The deactivation of electrical power caused by the manipulation of any switch or other
s: (a) The disconnection of any refrigerating, cooling, or humidity control system from its source of power.
(b) The deactivation of electrical power caused by the manipulation of any switch or other device used to control the flow of electrical power or current.
(c) The inability of an Electrical Utility Company or o ther power source to provide sufficient power due to: CFS-20s (10-17) Page 6 of 10 Includes copyrighted material of ISO Properties, In c., with its permission.
Copyright, ISO Properties, Inc., 2007 (i) Lack of fuel; or (ii) Governmental order.
(d) The inability of a power source at the described pr emises to provide sufficient power due to lack of generating capacity to meet demand.
(e) Breaking of any glass that is a permanent part of a ny refrigerating, cooling or humidity control unit.
e. Paragraph G. Optional Coverages is deleted in its entirety.
f. Paragraph A. Covered Causes of Loss of CAUSES OF LOSS - SPECIAL FORM is replaced by: A. Covered Causes of Loss When Special is shown in the Declarations, Covered Causes of Loss means: 1. Breakdown or Contamination by: a. Change in temperature or humidity resulting from me chanical breakdown or failure of refrigerating, cooling or humidity control appar atus or equipment, but only while such equipment or apparatus is at the premises desc ribed in the Declarations; and b. Contamination by the refrigerant.
2. Power Outage, meaning a change in temperature or hu midity resulting from complete or partial interruption of electrical power, either on or off the premises described in the Declarations, due to conditions beyond your control .
The most we will pay for any one occurrence is $25, 000 per described premises.
electrical power, either on or off the premises described in the Declarations, due to conditions beyond your control .
The most we will pay for any one occurrence is $25, 000 per described premises.
If there is other coverage endorsed to this policy for the same loss or damage, this Additional Coverage will pay only for the amount of covered loss or damage in excess of the amount provided by the other coverage.
6. Valuable Papers And Records (Other Than Electroni c Data) Paragraph (4) of 5.c. Valuable Papers and Records (Other Than Electr onic Data) of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM, Coverage Extension of Section A. Coverage is replaced by the following: (4) Under this Extension, the most we will pay to repla ce or restore the lost information is $25,000 at each described premises, unless a higher limit is shown in the Declarations.
Such amount is additional insurance. We will also p ay for the cost of blank material for reproducing the records (whether or not duplicates ex ist), and (when there is a duplicate) for the cost of labor to transcribe; or copy the record s. The costs of blank material and labor are subject to the applicable Limit of Insurance on Your Business Personal Property and therefore coverage on such costs is not additional insurance.
7. Water Backup Or Overflow Of Sewers And Drains a. We will pay for direct physical loss or damage to C overed Property caused by or resulting from water that backs up or overflows or is otherwise di scharged from a sewer, drain, sump or sump pump.
The most we will pay for this Extension is $5,000 a t each described premises.
CFS-20s (10-17) Page 7 of 10 Includes copyrighted material of ISO Properties, In c., with its permission.
p or sump pump.
The most we will pay for this Extension is $5,000 a t each described premises.
CFS-20s (10-17) Page 7 of 10 Includes copyrighted material of ISO Properties, In c., with its permission.
Copyright, ISO Properties, Inc., 2007 b. Under the CAUSES OF LOSS - SPECIAL FORM, subsection B. Exclusions, paragraph g.(3) (Water that backs up or overflows from a sewer, dra in or sump) is deleted for the purposes of this Extension only.
8. Employee Dishonesty a. We will pay for direct loss of or damage to Busines s Personal Property and "money" and "securities" resulting from dishonest acts committed by a ny of your "employees" acting alone or in collusion with other persons (except you or your pa rtner) with the manifest intent to: (1) Cause you to sustain loss or damage; and also (2) Obtain financial benefit (other than salaries, comm issions, fees, bonuses, promotions, awards, profit sharing, pensions or other employee benefits earned in the normal course of employment) for: (a) Any "employee"; or (b) Any other person or organization.
b. We will not pay for loss or damage: (1) Resulting from any dishonest or criminal act that y ou or any of your partners or "members" commit whether acting alone or in collusion with ot her persons.
(2) Resulting from any dishonest act committed by any o f your "employees" (except as provided in paragraph a. ), "managers" or directors: (a) Whether acting alone or in collusion with other per sons; or (b) While performing services for you or otherwise.
(3) The only proof of which as to its existence or amou nt is: (a) An inventory computation; or (b) A profit and loss computation.
c. The most we will pay for loss or damage in any one occurrence under this Extension is $25,000 at each described premises.
d. All loss or damage:
y computation; or (b) A profit and loss computation.
c. The most we will pay for loss or damage in any one occurrence under this Extension is $25,000 at each described premises.
d. All loss or damage: (1) Caused by one or more persons; or (2) Involving a single act or series of acts; is considered one occurrence.
e. This Extension of coverage is canceled as to any "e mployee" immediately upon discovery by: (1) You; or (2) Any of your partners, "members," "managers," office rs or directors not in collusion with the "employee"; of any dishonest act committed by that "employee" b efore or after being hired by you.
f. We will pay only for covered loss or damage sustain ed during the policy period and discovered by you during the policy period shown in the Declar ations.
g. Under the CAUSES OF LOSS - SPECIAL FORM, subsection B. Exclusions, paragraph 2.h. is deleted in its entirety for the purposes of this Ex tension only.
CFS-20s (10-17) Page 8 of 10 Includes copyrighted material of ISO Properties, In c., with its permission.
Copyright, ISO Properties, Inc., 2007 For the purpose of this endorsement only, the follo wing definitions are added to the G. DEFINITIONS section of the CAUSES OF LOSS - SPECIAL FORM and the H. DEFINITIONS section of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM: 1. "Accident" means a fortuitous event that causes dir ect physical damage to "covered equipment."
The event must be one of the following: a. Mechanical breakdown, including rupture or bursting caused by centrifugal force; b. Artificially generated electrical current, includin g electric arcing, that disturbs electrical devices , appliances or wires; c. Explosion of steam boilers, steam pipes, steam engi nes or steam turbines owned or leased by you, or operated under your control;
ric arcing, that disturbs electrical devices , appliances or wires; c. Explosion of steam boilers, steam pipes, steam engi nes or steam turbines owned or leased by you, or operated under your control; d. Loss or damage to steam boilers, steam pipes, steam engines or steam turbines caused by or resulting from any condition or event inside such e quipment; or e. Loss or damage to hot water boilers or other water heating equipment caused by or resulting from any condition or event inside such boilers or equipment.
2. "Covered Equipment" a. "Covered equipment" means Covered Property: (1) That generates, transmits or utilizes energy, inclu ding electronic communications and data processing equipment; or (2) Which, during normal usage, operates under vacuum o r pressure, other than the weight of its contents.
b. None of the following is "covered equipment": (1) Structure, foundation, cabinet, compartment or air supported structure or building; (2) Insulating or refractory material; (3) Sewer piping, underground vessels or piping, or pip ing forming a part of a sprinkler system; (4) Water piping other than boiler feedwater piping, bo iler condensate return piping or water piping forming a part of a refrigerating or air con ditioning system; (5) "Vehicle" or any equipment mounted on a "vehicle"; (6) Satellite, spacecraft or any equipment mounted on a satellite or spacecraft; (7) Dragline, excavation or construction equipment; (8) Equipment manufactured by you for sale; or (9) Electronic data processing equipment, unless used t o control or operate "covered equipment." Electronic Data Processing Equipment include s programmable electronic equipment that is used to store, retrieve and process da ta; and associated peripheral equipment.
perate "covered equipment." Electronic Data Processing Equipment include s programmable electronic equipment that is used to store, retrieve and process da ta; and associated peripheral equipment.
3. "Data" means information or instructions stored in digital code capable of being processed by machinery.
4. "Employee" means: a. Any natural person: (1) While in your service or for thirty (30) days after termination of service; CFS-20s (10-17) Page 9 of 10 Includes copyrighted material of ISO Properties, In c., with its permission.
Copyright, ISO Properties, Inc., 2007 (2) Who you compensate directly by salary, wages or com missions; and (3) Who you have the right to direct and control while performing services for you; b. Any natural person who is furnished temporarily to you: (1) To substitute for a permanent "employee" as defined in paragraph a. above, who is on leave; or (2) To meet seasonal or short-term workload conditions; c. Any natural person who is leased to you under a wri tten agreement between you and a labor leasing firm, to perform duties related to the cond uct of your business, but does not mean a temporary "employee" as defined in paragraph b. above; d. Any natural person who is a former "employee," dire ctor, partner, member, manager, representative or trustee retained as a consultant while pe rforming services for you; or e. Any natural person who is a guest student or intern pursuing studies or duties, excluding, however, any such person while having care and custody of property outside any building you occupy in conducting your business.
But "employee" does not mean: a. Any agent, broker, factor, commission merchant, con signee, independent contractor or representative of the same general character; or
y in conducting your business.
But "employee" does not mean: a. Any agent, broker, factor, commission merchant, con signee, independent contractor or representative of the same general character; or b. Any "manager," director or trustee except while per forming acts coming within the usual duties of an "employee."
5. "Hazardous substance" means any substance that is h azardous to health or has been declared to be hazardous to health by a governmental agency.
6. "Manager" means a person serving in a directorial c apacity for a limited liability company.
7. "Member" means an owner of a limited liability comp any represented by its membership interest, who also may serve as a "manager."
8. "Media" means material on which "data" is recorded, such as magnetic tapes, hard disks, optical disks or floppy disks.
9. "Messenger" means you, or your relative, or any of your partners or "members," or any "employee" while having care and custody of property away from the premises described in the Declarations.
10. "Money" means: a. Currency, coins and bank notes in current use and h aving a face value; and b. Traveler's checks, registered checks and money orde rs held for sale to the public.
11. "One accident" means: If an initial "accident" caus es other "accidents," all will be considered "one accident." All "accidents" that are the result of t he same event will be considered "one accident."
12. "Perishable Stock" means personal property: a. Maintained under temperature-controlled conditions for its preservation; and b. Susceptible to loss or damage if changes in or extr emes of temperature result.
13. "Securities" means negotiable and nonnegotiable ins truments or contracts representing either "money" or other property and includes: /
or damage if changes in or extr emes of temperature result.
13. "Securities" means negotiable and nonnegotiable ins truments or contracts representing either "money" or other property and includes: / AUTHORIZED REPRESENTATIVE DATE CFS-20s (10-17) Page 10 of 10 Includes copyrighted material of ISO Properties, In c., with its permission.
Copyright, ISO Properties, Inc., 2007 a. Tokens, tickets revenue and other stamps (whether r epresented by actual stamps or unused value in a meter) in current use; and b. Evidences of debt issued in connection with credit or charge cards, which cards are not issued by you; but does not include "money."
14. "Theft" means the unlawful taking of "money" and "s ecurities" to the deprivation of the insured.
15. "Vehicle" means, as respects this Additional Covera ge only, any machine or apparatus that is used for transportation or moves under its own power. "V ehicle" includes, but is not limited to, car, truck , bus, trailer, train, aircraft, watercraft, forklift , bulldozer, tractor or harvester.
However, any property that is stationary, permanent ly installed at a covered location and that receives electrical power from an external power sour ce will not be considered a "vehicle."
CP 00 10 10 12 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 16 COMMERCIAL PROPERTY BUILDING AND PERSONAL PROPERTY COVERAGE FORM Various provisions in this policy restrict coverage . Read the entire policy carefully to determine rig hts, duties and what is and is not covered.
Throughout this policy the words "you" and "your" r efer to the Named Insured shown in the Declarations . The words "we", "us" and "our" refer to the company providing this insurance.
is not covered.
Throughout this policy the words "you" and "your" r efer to the Named Insured shown in the Declarations . The words "we", "us" and "our" refer to the company providing this insurance.
Other words and phrases that appear in quotation ma rks have special meaning. Refer to Section H. Definitions.
A. Coverage We will pay for direct physical loss of or damage t o Covered Property at the premises described in the Declarations caused by or resulting from any Covered Cause of Loss.
1. Covered Property Covered Property, as used in this Coverage Part, means the type of property described in this section, A.1., and limited in A.2. Property Not Covered, if a Limit of Insurance is shown in the Declarations for that type of property.
a. Building, meaning the building or structure described in the Declarations, including: (1) Completed additions; (2) Fixtures, including outdoor fixtures; (3) Permanently installed: (a) Machinery and (b) Equipment; (4) Personal property owned by you that is used to maintain or service the building or structure or its premises, including: (a) Fire-extinguishing equipment; (b) Outdoor furniture; (c) Floor coverings; and (d) Appliances used for refrigerating, ventilating, cooking, dishwashing or laundering; (5) If not covered by other insurance: (a) Additions under construction, alterations and repairs to the building or structure; (b) Materials, equipment, supplies and temporary structures, on or within 100 feet of the described premises, used for making additions, alterations or repairs to the building or structure. b. Your Business Personal Property consists of the following property located in or on the building or structue described in the Declarations or in the open (or in a vehicle)
building or structure. b. Your Business Personal Property consists of the following property located in or on the building or structue described in the Declarations or in the open (or in a vehicle) within 100 feet of the building or structure or within 100 feet of the premises described in the Declarations, whichever distance is greater.
(1) Furniture and fixtures; (2) Machinery and equipment; (3) "Stock"; (4) All other personal property owned by you and used in your business; (5) Labor, materials or services furnished or arranged by you on personal property of others; (6) Your use interest as tenant in improvements and betterments. Improvements and betterments are fixtures, alterations, installations or additions: (a) Made a part of the building or structure you occupy but do not own; and (b) You acquired or made at your expense but cannot legally remove; (7) Leased personal property for which you have a contractual responsibility to insure, unless otherwise provided for under Personal Property Of Others.
c. Personal Property Of Others that is: (1) In your care, custody or control; and (2) Located in or on the building or structure described in the Declarations or in the open (or in a vehicle) within 100 feet of the of the building or structure or within 100 feet of the premises described in the Declarations, whichever distance is greater.
INSURED CP 00 10 10 12 Copyright, Insurance Services Office, Inc., 2011 Page 2 of 16 However, our payment for loss of or damage to personal property of others will only be for the account of the owner of the property.
2. Property Not Covered Covered Property does not include: a. Accounts, bills, currency, food stamps or other evidences of debt, money, notes or securities. Lottery tickets held for sale are
property.
2. Property Not Covered Covered Property does not include: a. Accounts, bills, currency, food stamps or other evidences of debt, money, notes or securities. Lottery tickets held for sale are not securities; b. Animals, unless owned by others and boarded by you, or if owned by you, only as "stock" while inside of buildings; c. Automobiles held for sale; d. Bridges, roadways, walks, patios or other paved surfaces; e. Contraband, or property in the course of illegal transportation or trade; f. The cost of excavations, grading, backfilling or filling; g. Foundations of buildings, structures, machinery or boilers if their foundations are below: (1) The lowest basement floor; or (2) The surface of the ground, if there is no basement; h. Land (including land on which the property is located), water, growing crops or lawns (other than lawns which are part of a vegetated roof); i. Personal property while airborne or waterborne; j. Bulkheads, pilings, piers, wharves or docks; k. Property that is covered under another coverage form of this or any other policy in which it is more specifically described, except for the excess of the amount due (whether you can collect on it or not) from that other insurance; l. Retaining walls that are not part of a building; m. Underground pipes, flues or drains; n.Electronic data, except as provided under the Additional Coverage, Electronic Data.
Electronic data means information, facts or computer programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), on hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other repositories of computer software which are used with electronically controlled
and applications software), on hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other repositories of computer software which are used with electronically controlled equipment. The term computer programs, referred to in the foregoing description of electronic data, means a set of related electronic instructions which direct the operations and functions of a computer or device connected to it, which enable the computer or device to receive, process, store, retrieve or send data. This paragraph, n., does not apply to your "stock" of prepackaged software, or to electronic data which is integrated in and operates or controls the building's elevator, lighting, heating, ventilation, air conditioning or security system; o.The cost to replace or restore the information on valuable papers and records, including those which exist as electronic data. Valuable papers and records include but are not limited to proprietary information, books of account, deeds, manuscripts, abstracts, drawings and card index systems. Refer to the Coverage Extension for Valuable Papers And Records (Other Than Electronic Data) for limited coverage for valuable papers and records other than those which exist as electronic data; p. Vehicles or self-propelled machines (including aircraft or watercraft) that: (1) Are licensed for use on public roads; or (2) Are operated principally away from the described premises.
This paragraph does not apply to: (a) Vehicles or self-propelled machines or autos you manufacture, process or warehouse; CP 00 10 10 12 Copyright, Insurance Services Office, Inc., 2011 Page 3 of 16 (b) Vehicles or self-propelled machines, other than autos, you hold for sale; (c) Rowboats or canoes out of water at the described premises; or
ht, Insurance Services Office, Inc., 2011 Page 3 of 16 (b) Vehicles or self-propelled machines, other than autos, you hold for sale; (c) Rowboats or canoes out of water at the described premises; or (d) Trailers, but only to the extent provided for in the Coverage Extension for Non-owned Detached Trailers; q. The following property while outside of buildings: (1) Grain, hay, straw or other crops; (2) Fences, radio or television antennas (including satellite dishes) and their lead-in wiring, masts or towers, trees, shrubs or plants (other trees, shrubs or plants which are "stock" or are part of a vegetated roof), all except as provided in the Coverage Extensions.
3. Covered Causes Of Loss See applicable Causes Of Loss form as shown in the Declarations.
4. Additional Coverages a. Debris Removal (1) Subject to Paragraphs (2), (3) and (4), we will pay your expense to remove debris of Covered Property and other debris that is on the described premises, when such debris is caused by or results from a Covered Cause of Loss that occurs during the policy period. The expenses will be paid only if they are reported to us in writing within 180 days of the date of direct physical loss or damage.
(2) Debris Removal does not apply to costs to: (a) Remove debris of property of yours that is not insured under this policy, or property in your possession that is not Covered Property; (b) Remove debris of property owned or leased to the landlord of the building where your described permises are located, unless you have a contractural responsibility to insure such property and it is insured under this policy; (c) Remove any property that is Property Not Covered, including property addressed under the Outdoor Property Coverage Extension;(d) Remove property of others of a
is insured under this policy; (c) Remove any property that is Property Not Covered, including property addressed under the Outdoor Property Coverage Extension;(d) Remove property of others of a type that would not be Covered Property under this Coverage Form; (e) Remove deposits of mud or earth from the grounds of the described premises; (f) Extract "pollutants" from land or water; or (g) Remove, restore or replace polluted land or water.
(3) Subject to the exceptions in Paragraph (4), the following provisions apply: (a) The most we will pay for the total of direct physical loss or damage plus debris removal expense is the Limit of Insurance applicable to the Covered Property that has sustained loss or damage.
(b) Subject to (a) above, the amount we will pay for debris removal expense is limited to 25% of the sum of the deductible plus the amount that we pay for direct physical loss or damage to the Covered Property that has sustained loss or damage. However, if no Covered Property has sustained direct physical loss or damage, the most we will pay for removal of debris of other property (if such removal is covered under this Additional Coverage) is $5,000 at each location.
(4) We will pay up to an additional $25,000 for debris removal expense, for each location, in any one occurrence of physical loss or damage to Covered Property, if one or both of the following circumstances apply: (a) The total of the actual debris removal expense plus the amount we pay for direct physical loss or damage exceeds the Limit of Insurance on the Covered Property that has sustained loss or damage.
(b) The actual debris removal expense exceeds 25% of the sum of the deductible plus the amount that we pay for direct physical loss or damage to the Covered Prop-
that has sustained loss or damage.
(b) The actual debris removal expense exceeds 25% of the sum of the deductible plus the amount that we pay for direct physical loss or damage to the Covered Property that has sustained loss or damage.
Page 4 of 16 Copyright, Insurance Services Office, Inc., 2011 CP 00 10 10 12 Therefore, if (4)(a) and/or (4)(b) applies, our total payment for direct physical loss or damage and debris removal expense may reach but will never exceed the Limit of Insurance on the Covered Property that has sustained loss or damage, plus $25,000.
(5) Examples The following examples assume that there is no Coinsurance penalty.
Example 1 Limit of Insurance $ 90,000 Amount of Deductible $ 500 Amount of Loss: $ 50,000 Amount of Loss Payable: $ 49,000 ($50,000 - $500) Debris Removal Expense $ 10,000 Debris Removal Expense Payable: $ 10,000 The debris removal expense is less than 25% of the sum of the loss payable plus the deductible. The su m of the loss payable and the debris removal expense Insurance. Therefore, the full amount of debris rem oval expense is payable in accordance with the terms of Paragraph (3).
Example 2 Limit of Insurance $ 90,000 Amount of Deductible $ 500 Amount of Loss: $ 80,000 Amount of Loss Payable: $ 79,500 ($80,000 - $500) Debris Removal Expense $ 40,000 Debris Removal Expense Payable: Basic Amount: $ 10,500 Additional Amount: $ 25,000 The basic amount payable for debris removal expense under the terms of Paragraph (3) is calculated as folcapped at $10,500. The cap applies because the sum of the loss payable ($79,500) and the basic amount
the terms of Paragraph (3) is calculated as folcapped at $10,500. The cap applies because the sum of the loss payable ($79,500) and the basic amount payable for debris removal expense ($10,500) cannot exceed the Limit of Insurance ($90,000). The additional amount payable for debris removal ex pense is provided in accordance with the terms of Paragraph (4), because the debris removal expense ($40,000) exceeds 25% of the loss payable plus the deductible ($40,000 is 50% of $80,000), and because t he sum of the loss payable and debris removal expense Limit of Insurance ($90,000). The additional amount of covered debris removal expense is $25,000, the maxi mum payable under Paragraph (4). Thus, the total payable for debris removal expense in this example is $35,500; $4,500 of the debris removal expense is no t covered.
b. Preservation Of Property If it is necessary to move Covered Property from the described premises to preserve it from loss or damage by a Covered Cause of Loss, we will pay for any direct physical loss or damage to that property: (1) While it is being moved or while temporarily stored at another location; and (2) Only if the loss or damage occurs within 30 days after the property is first moved.
c. Fire Department Service Charge When the fire department is called to save or protect Covered Property from a Covered Cause of Loss, we will pay up to $1,000 for service at each premises described in the Declarations, unless a higher limit is shown in the Declarations.
Such limit is the most we will pay regardless of the number of responding fire departments or fire units, and regardless of the number or type of services performed.
is shown in the Declarations.
Such limit is the most we will pay regardless of the number of responding fire departments or fire units, and regardless of the number or type of services performed.
This Additional Coverage applies to your liability for fire department service charges: (1) Assumed by contract or agreement prior to loss; or (2) Required by local ordinance.
No Deductible applies to this Additional Coverage.
CP 00 10 10 12 Copyright, Insurance Services Office, Inc., 2011 Page 5 of 16 d. Pollutant Clean-up And Removal We will pay your expense to extract "pollutants" from land or water at the described premises if the discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused by or results from a Covered Cause of Loss that occurs during the policy period. The expenses will be paid only if they are reported to us in writing within 180 days of the date on which the Covered Cause of Loss occurs.
This Additional Coverage does not apply to costs to test for, monitor or assess the existence, concentration or effects of "pollutants". But we will pay for testing which is performed in the course of extracting the "pollutants" from the land or water.
The most we will pay under this Additional Coverage for each described premises is $10,000 for the sum of all covered expenses arising out of Covered Causes of Loss occurring during each separate 12-month period of this policy.
e. Increased Cost Of Construction (1) This Additional Coverage applies only to buildings to which the Replacement Cost Optional Coverage applies.
(2) In the event of damage by a Covered Cause of Loss to a building that is Covered Property, we will pay the increased costs incurred to comply with the minimum standards of an ordi-
erage applies.
(2) In the event of damage by a Covered Cause of Loss to a building that is Covered Property, we will pay the increased costs incurred to comply with the minimum standards of an ordinance or law in the course of repair, rebuilding or replacement of damaged parts of that property, subject to the limitations stated in e.(3) through e.(9) of this Additional Coverage.
(3) The ordinance or law referred to in e.(2) of this Additional Coverage is an ordinance or law that regulates the construction or repair of buildings or establishes zoning or land use requirements at the described premises and is in force at the time of loss.
(4) Under this Additional Coverage, we will not pay any costs due to an ordinance or law that: (a) You were required to comply with before the loss, even when the building was undamaged; and (b) You failed to comply with.(5) Under this Additional Coverage, we will not pay for: (a) The enforcement of or compliance with any ordinance or law which requires demolition, repair, replacement, reconstruction, remodeling or remediation of property due to contamination by "pollutants" or due to the presence, growth, proliferation, spread or any activity of "fungus", wet or dry rot or bacteria; or (b) Any costs associated with the enforcement of or compliance with an ordinance or law which requires any insured or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants", "fungus", wet or dry rot or bacteria.
(6) The most we will pay under this Additional Coverage, for each described building insured under this Coverage Form, is $10,000 or 5% of the Limit of Insurance applicable to that building,
cteria.
(6) The most we will pay under this Additional Coverage, for each described building insured under this Coverage Form, is $10,000 or 5% of the Limit of Insurance applicable to that building, whichever is less. If a damaged building is covered under a blanket Limit of Insurance which applies to more than one building or item of property, then the most we will pay under this Additional Coverage, for that damaged building, is the lesser of $10,000 or 5% times the value of the damaged building as of the time of loss times the applicable Coinsurance percentage.
The amount payable under this Additional Coverage is additional insurance.
(7) With respect to this Additional Coverage: (a) We will not pay for the Increased Cost of Construction: (i) Until the property is actually repaired or replaced at the same or another premises; and (ii) Unless the repair or replacement is made as soon as reasonably possible after the loss or damage, not to exceed two years. We may extend this period in writing during the two years.
Page 6 of 16 Copyright, Insurance Services Office, Inc., 2011 CP 00 10 10 12 (b) If the building is repaired or replaced at the same premises, or if you elect to rebuild at another premises, the most we will pay for the Increased Cost of Construction, subject to the provisions of e.(6) of this Additional Coverage, is the increased cost of construction at the same premises.
(c) If the ordinance or law requires relocation to another premises, the most we will pay for the Increased Cost of Construction, subject to the provisions of e.(6) of this Additional Coverage, is the increased cost of construction at the new premises.
(8) This Additional Coverage is not subject to the terms of the Ordinance Or
ect to the provisions of e.(6) of this Additional Coverage, is the increased cost of construction at the new premises.
(8) This Additional Coverage is not subject to the terms of the Ordinance Or Law Exclusion to the extent that such Exclusion would conflict with the provisions of this Additional Coverage.
(9) The costs addressed in the Loss Payment and Valuation Conditions and the Replacement Cost Optional Coverage, in this Coverage Form, do not include the increased cost attributable to enforcement of or compliance with an ordinance or law. The amount payable under this Additional Coverage, as stated in e.(6) of this Additional Coverage, is not subject to such limitation.
f. Electronic Data (1) Under this Additional Coverage, electronic data has the meaning described under Property Not Covered, Electronic Data. This Additional Coverage does not apply to your "stock" of prepackaged software, or to electronic data which is integrated in and operates or controls the building's elevator, lighting, heating, ventilation, air conditioning or security system.
(2) Subject to the provisions of this Additional Coverage, we will pay for the cost to replace or restore electronic data which has been destroyed or corrupted by a Covered Cause of Loss.
To the extent that electronic data is not replaced or restored, the loss will be valued at the cost of replacement of the media on which the electronic data was stored, with blank media of substantially identical type. (3) The Covered Causes of Loss applicable to Your Business Personal Property apply to this Additional Coverage, Electronic Data, subject to the following: (a) If the Causes Of Loss - Special Form applies, coverage under this Additional Coverage, Electronic
Personal Property apply to this Additional Coverage, Electronic Data, subject to the following: (a) If the Causes Of Loss - Special Form applies, coverage under this Additional Coverage, Electronic Data, is limited to the "specified causes of loss" as defined in that form and Collapse as set forth in that form.
(b) If the Causes Of Loss - Broad Form applies, coverage under this Additional Coverage, Electronic Data, includes Collapse as set forth in that form.
(c) If the Causes Of Loss form is endorsed to add a Covered Cause of Loss, the additional Covered Cause of Loss does not apply to the coverage provided under this Additional Coverage, Electronic Data.
(d) The Covered Causes of Loss include a virus, harmful code or similar instruction introduced into or enacted on a computer system (including electronic data) or a network to which it is connected, designed to damage or destroy any part of the system or disrupt its normal operation. But there is no coverage for loss or damage caused by or resulting from manipulation of a computer system (including electronic data) by any employee, including a temporary or leased employee, or by an entity retained by you or for you to inspect, design, install, modify, maintain, repair or replace that system.
CP 00 10 10 12 Copyright, Insurance Services Office, Inc., 2011 Page 7 of 16 (4) The most we will pay under this Additional Coverage, Electronic Data, is $2,500 (unless a higher limit is shown in the Declarations) for all loss or damage sustained in any one policy year, regardless of the number of occurrences of loss or damage or the number of premises, locations or computer systems involved. If loss payment on the first occurrence does not exhaust this amount, then the balance
number of occurrences of loss or damage or the number of premises, locations or computer systems involved. If loss payment on the first occurrence does not exhaust this amount, then the balance is available for subsequent loss or damage sustained in but not after that policy year. With respect to an occurrence which begins in one policy year and continues or results in additional loss or damage in a subsequent policy year(s), all loss or damage is deemed to be sustained in the policy year in which the occurrence began.
5. Coverage Extensions Except as otherwise provided, the following Extensions apply to property located in or on the building described in the Declarations or in the open (or in a vehicle) within 100 feet of the described premises.
If a Coinsurance percentage of 80% or more, or a Value Reporting period symbol, is shown in the Declarations, you may extend the insurance provided by this Coverage Part as follows: a. Newly Acquired Or Constructed Property (1) Buildings If this policy covers Building, you may extend that insurance to apply to: (a) Your new buildings while being built on the described premises; and (b) Buildings you acquire at locations, other than the described premises, intended for: (i) Similar use as the building described in the Declarations; or (ii) Use as a warehouse.
The most we will pay for loss or damage under this Extension is $250,000 at each building. (2) Your Business Personal Property (a) If this policy covers Your Business Personal Property, you may extend that insurance to apply to: (i) Business personal property, including such property that you newly acquire, at any location you acquire other than at fairs, trade shows or exhibitions; or (ii) Business personal property, including such property that
perty, including such property that you newly acquire, at any location you acquire other than at fairs, trade shows or exhibitions; or (ii) Business personal property, including such property that you newly acquire, located at your newly constructed or acquired buildings at the location described in the Declarations.
The most we will pay for loss or damage under this Extension is $100,000 at each building.
(b) This Extension does not apply to: (i) Personal property of others that is temporarily in your possession in the course of installing or performing work on such property; or (ii) Personal property of others that is temporarily in your possession in the course of your manufacturing or wholesaling activities.
(3) Period Of Coverage With respect to insurance provided under this Coverage Extension for Newly Acquired Or Constructed Property, coverage will end when any of the following first occurs: (a) This policy expires; (b) 30 days expire after you acquire the property or begin construction of that part of the building that would qualify as covered property; or (c) You report values to us.
We will charge you additional premium for values reported from the date you acquire the property or begin construction of that part of the building that would qualify as covered property.
Page 8 of 16 Copyright, Insurance Services Office, Inc., 2011 CP 00 10 10 12 b. Personal Effects And Property Of Others You may extend the insurance that applies to Your Business Personal Property to apply to: (1) Personal effects owned by you, your officers, your partners or members, your managers or your employees.
This Extension does not apply to loss or damage by theft.
(2) Personal property of others in your care, custody or control.
The most we will pay for loss or damage
rs, your managers or your employees.
This Extension does not apply to loss or damage by theft.
(2) Personal property of others in your care, custody or control.
The most we will pay for loss or damage under this Extension is $2,500 at each described premises. Our payment for loss of or damage to personal property of others will only be for the account of the owner of the property.
c. Valuable Papers And Records (Other Than Electronic Data) (1) You may extend the insurance that applies to Your Business Personal Property to apply to the cost to replace or restore the lost information on valuable papers and records for which duplicates do not exist. But this Extension does not apply to valuable papers and records which exist as electronic data. Electronic data has the meaning described under Property Not Covered, Electronic Data.
(2) If the Causes Of Loss - Special Form applies, coverage under this Extension is limited to the "specified causes of loss" as defined in that form and Collapse as set forth in that form.
(3) If the Causes Of Loss - Broad Form applies, coverage under this Extension includes Collapse as set forth in that form.
(4) Under this Extension, the most we will pay to replace or restore the lost information is $2,500 at each described premises, unless a higher limit is shown in the Declarations. Such amount is additional insurance. We will also pay for the cost of blank material for reproducing the records (whether or not duplicates exist) and (when there is a duplicate) for the cost of labor to transcribe or copy the records. The costs of blank material and labor are subject to the applicable Limit of Insurance on Your Business Personal Property and, therefore, coverage of such costs is not additional
r copy the records. The costs of blank material and labor are subject to the applicable Limit of Insurance on Your Business Personal Property and, therefore, coverage of such costs is not additional insurance. d. Property Off-premises (1) You may extend the insurance provided by this Coverage Form to apply to your Covered Property while it is away from the described premises, if it is: (a) Temporarily at a location you do not own, lease or operate; (b) In storage at a location you lease, provided the lease was executed after the beginning of the current policy term; or (c) At any fair, trade show or exhibition.
(2) This Extension does not apply to property: (a) In or on a vehicle; or (b) In the care, custody or control of your salespersons, unless the property is in such care, custody or control at a fair, trade show or exhibition.
(3) The most we will pay for loss or damage under this Extension is $10,000.
e. Outdoor Property You may extend the insurance provided by this Coverage Form to apply to your outdoor fences, radio and television antennas (including satellite dishes), trees, shrubs and plants (other than trees, shrubs or plants which are "stock" or are part of a vegetated roof), including debris removal expense, caused by or resulting from any of the following causes of loss if they are Covered Causes of Loss: (1) Fire; (2) Lightning; (3) Explosion; (4) Riot or Civil Commotion; or (5) Aircraft.
The most we will pay for loss or damage under this Extension is $1,000, but not more than $250 for any one tree, shrub or plant. These limits apply to any one occurrence, regardless of the types or number of items lost or damaged in that occurrence.
s Extension is $1,000, but not more than $250 for any one tree, shrub or plant. These limits apply to any one occurrence, regardless of the types or number of items lost or damaged in that occurrence.
CP 00 10 10 12 Copyright, Insurance Services Office, Inc., 2011 Page 9 of 16 Subject to all aforementioned terms and limitations of coverage, this Coverage Extension includes the expense of removing from the described premises the debris of trees, shrubs and plants which are the property of others, except in the situation in which you are a tenant and such property is owned by the landlord of the described premises.
f. Non-owned Detached Trailers (1) You may extend the insurance that applies to Your Business Personal Property to apply to loss or damage to trailers that you do not own, provided that: (a) The trailer is used in your business; (b) The trailer is in your care, custody or control at the premises described in the Declarations; and (c) You have a contractual responsibility to pay for loss or damage to the trailer.
(2) We will not pay for any loss or damage that occurs: (a) While the trailer is attached to any motor vehicle or motorized conveyance, whether or not the motor vehicle or motorized conveyance is in motion; (b) During hitching or unhitching operations, or when a trailer becomes accidentally unhitched from a motor vehicle or motorized conveyance.
(3) The most we will pay for loss or damage under this Extension is $5,000, unless a higher limit is shown in the Declarations.
(4) This insurance is excess over the amount due (whether you can collect on it or not) from any other insurance covering such property.
g. Business Personal Property Temporarily In Portable Storage Units (1) You may extend the insurance that ap-
ue (whether you can collect on it or not) from any other insurance covering such property.
g. Business Personal Property Temporarily In Portable Storage Units (1) You may extend the insurance that applies to Your Business Personal Property to apply to such property while temporarily stored in a portable storage unit (including a detached trailer) located within 100 feet of the building or structure described in the Declarations within 100 feet of the premises described in the Declarations, whichever distance is greater. (2) If the applicable Covered Causes of Loss form or endorsement contains a limitation or exclusion concerning loss or damage from sand, dust, sleet, snow, ice or rain to property in a structure, such limitation or exclusion also applies to property in a portable storage unit.
(3) Coverage under this Extension: (a) Will end 90 days after the business personal property has been placed in the storage unit; (b) Does not apply if the storage unit itself has been in use at the described premises for more than 90 consecutive days, even if the business personal property has been stored there for 90 or fewer days as of the time of loss or damage.
(4) Under this Extension, the most we will pay for the total of all loss or damage to business personal property is $10,000 (unless a higher limit is indicated in the Declarations for such Extension) regardless of the number of storage units. Such limit is part of, not in addition to, the applicable Limit of Insurance on Your Business Personal Property. Therefore, payment under this Extension will not increase the applicable Limit of Insurance on Your Business Personal Property.
(5) This Extension does not apply to loss or damage otherwise covered under this Coverage Form or any endorse-
will not increase the applicable Limit of Insurance on Your Business Personal Property.
(5) This Extension does not apply to loss or damage otherwise covered under this Coverage Form or any endorsement to this Coverage Form or policy, and does not apply to loss or damage to the storage unit itself.
Each of these Extensions is additional insurance unless otherwise indicated. The Additional Condition, Coinsurance, does not apply to these Extensions.
B. Exclusions And Limitations See applicable Causes Of Loss form as shown in the Declarations.
C. Limits Of Insurance The most we will pay for loss or damage in any one occurrence is the applicable Limit Of Insurance shown in the Declarations.
The most we will pay for loss or damage to outdoor signs, whether or not the sign is attached to a building, is $2,500 per sign in any one occurrence.
CP 00 10 10 12 Copyright, Insurance Services Office, Inc., 2011 Page 10 of 16 The amounts of insurance stated in the following Additional Coverages apply in accordance with the terms of such coverages and are separate from the Limit(s) Of Insurance shown in the Declarations for any other coverage: 1. Fire Department Service Charge; 2. Pollutant Clean-up And Removal; 3. Increased Cost Of Construction; and 4. Electronic Data.
Payments under the Preservation Of Property Additional Coverage will not increase the applicable Limit of Insurance.
D. Deductible In any one occurrence of loss or damage (hereinafter referred to as loss), we will first reduce th e amount of loss if required by the Coinsurance Condition or the Agreed Value Optional Coverage. If the adjusted amount of loss is less than or equal t o the Deductible, we will not pay for that loss. If t he adjusted amount of loss exceeds the Deductible,
n or the Agreed Value Optional Coverage. If the adjusted amount of loss is less than or equal t o the Deductible, we will not pay for that loss. If t he adjusted amount of loss exceeds the Deductible, we will then subtract the Deductible from the adjusted amount of loss and will pay the resulting amount or the Limit of Insurance, whichever is less .
When the occurrence involves loss to more than one item of Covered Property and separate Limits of Insurance apply, the losses will not be combined in determining application of the Deductible. But the Deductible will be applied only once per occurrence.
EXAMPLE #1 (This example assumes there is no Coinsurance penalty.)
Deductible: $ 250 Limit of Insurance - Building 1: $ 60,000 Limit of Insurance - Building 2: $ 80,000 Loss to Building 1: $ 60,100 Loss to Building 2: $ 90,000 The amount of loss to Building 1 ($60,100) is less than the sum ($60,250) of the Limit of Insurance applica ble to Building 1 plus the Deductible.
The Deductible will be subtracted from the amount o f loss in calculating the loss payable for Building 1 : $ 60,100 - 250 $ 59,850 Loss Payable - Building 1 The Deductible applies once per occurrence and ther efore is not subtracted in determining the amount of loss payable for Building 2. Loss payable for Building 2 is the Limit of Insurance of $80,000. Total amount of loss payable: EXAMPLE 2 (This example, too, assumes there is no Coinsurance penalty.)
The Deductible and Limits of Insurance are the same as those in Example 1.
Loss to Building 1: $ 70,000 (Exceeds Limit of Insurance plus Deductible) Loss to Building 2: $ 90,000 (Exceeds Limit of Insurance plus Deductible) Loss Payable - Building 1: $ 60,000 (Limit of Insurance)
to Building 1: $ 70,000 (Exceeds Limit of Insurance plus Deductible) Loss to Building 2: $ 90,000 (Exceeds Limit of Insurance plus Deductible) Loss Payable - Building 1: $ 60,000 (Limit of Insurance) Loss Payable - Building 2: $ 80,000 (Limit of Insurance) Total amount of loss payable: $ 140,000 E. Loss Conditions The following conditions apply in addition to the Common Policy Conditions and the Commercial Property Conditions.
1. Abandonment There can be no abandonment of any property to us.
2. Appraisal If we and you disagree on the value of the property or the amount of loss, either may make written demand for an appraisal of the loss. In this event, each party will select a competent and impartial appraiser. The two appraisers will select an umpire. If they cannot agree, either may request that selection be made by a judge of a court having jurisdiction.
The appraisers will state separately the value of the property and amount of loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a.Pay its chosen appraiser; and b.Bear the other expenses of the appraisal and umpire equally.
If there is an appraisal, we will still retain our right to deny the claim.
3. Duties In The Event Of Loss Or Damage a.You must see that the following are done in the event of loss or damage to Covered Property: (1) Notify the police if a law may have been broken.
CP 00 10 10 12 Copyright, Insurance Services Office, Inc., 2011 Page 11 of 16 (2) Give us prompt notice of the loss or damage. Include a description of the property involved.
(3) As soon as possible, give us a description of how, when and where the loss or damage occurred.
(4) Take all reasonable steps to protect
or damage. Include a description of the property involved.
(3) As soon as possible, give us a description of how, when and where the loss or damage occurred.
(4) Take all reasonable steps to protect the Covered Property from further damage, and keep a record of your expenses necessary to protect the Covered Property, for consideration in the settlement of the claim. This will not increase the Limit of Insurance.
However, we will not pay for any subsequent loss or damage resulting from a cause of loss that is not a Covered Cause of Loss. Also, if feasible, set the damaged property aside and in the best possible order for examination.
(5) At our request, give us complete inventories of the damaged and undamaged property. Include quantities, costs, values and amount of loss claimed.
(6) As often as may be reasonably required, permit us to inspect the property proving the loss or damage and examine your books and records.
Also, permit us to take samples of damaged and undamaged property for inspection, testing and analysis, and permit us to make copies from your books and records.
(7) Send us a signed, sworn proof of loss containing the information we request to investigate the claim. You must do this within 60 days after our request.
We will supply you with the necessary forms.
(8) Cooperate with us in the investigation or settlement of the claim.
b. We may examine any insured under oath, while not in the presence of any other insured and at such times as may be reasonably required, about any matter relating to this insurance or the claim, including an insured's books and records. In the event of an examination, an insured's answers must be signed. 4. Loss Payment a.In the event of loss or damage covered by this Coverage Form, at our option, we will
sured's books and records. In the event of an examination, an insured's answers must be signed. 4. Loss Payment a.In the event of loss or damage covered by this Coverage Form, at our option, we will either: (1) Pay the value of lost or damaged property; (2) Pay the cost of repairing or replacing the lost or damaged property, subject to b. below; (3) Take all or any part of the property at an agreed or appraised value; or (4) Repair, rebuild or replace the property with other property of like kind and quality, subject to b. below.
We will determine the value of lost or damaged property, or the cost of its repair or replacement, in accordance with the applicable terms of the Valuation Condition in this Coverage Form or any applicable provision which amends or supersedes the Valuation Condition.
b.The cost to repair, rebuild or replace does not include the increased cost attributable to enforcement of or compliance with any ordinance or law regulating the construction, use or repair of any property.
c.We will give notice of our intentions within 30 days after we receive the sworn proof of loss.
d.We will not pay you more than your financial interest in the Covered Property.
e.We may adjust losses with the owners of lost or damaged property if other than you.
If we pay the owners, such payments will satisfy your claims against us for the owners' property. We will not pay the owners more than their financial interest in the Covered Property.
f.We may elect to defend you against suits arising from claims of owners of property.
We will do this at our expense.
g.We will pay for covered loss or damage within 30 days after we receive the sworn proof of loss, if you have complied with all of the terms of this Coverage Part, and: (1) We have reached agreement with you
ll pay for covered loss or damage within 30 days after we receive the sworn proof of loss, if you have complied with all of the terms of this Coverage Part, and: (1) We have reached agreement with you on the amount of loss; or (2) An appraisal award has been made.
CP 00 10 10 12 Copyright, Insurance Services Office, Inc., 2011 Page 12 of 16 h. A party wall is a wall that separates and is common to adjoining buildings that are owned by different parties. In settling covered losses involving a party wall, we will pay a proportion of the loss to the party wall based on your interest in the wall in proportion to the interest of the owner of the adjoining building. However, if you elect to repair or replace your building and the owner of the adjoining building elects not to repair or replace that building, we will pay you the full value of the loss to the party wall, subject to all applicable policy provisions including Limits of Insurance, the Valuation and Coinsurance Conditions and all other provisions of this Loss Payment Condition. Our payment under the provisions of this paragraph does not alter any right of subrogation we may have against any entity, including the owner or insurer of the adjoining building, and does not alter the terms of the Transfer Of Rights Of Recovery Against Others To Us Condition in this policy.
5. Recovered Property If either you or we recover any property after loss settlement, that party must give the other prompt notice. At your option, the property will be returned to you. You must then return to us the amount we paid to you for the property.
We will pay recovery expenses and the expenses to repair the recovered property, subject to the Limit of Insurance.
6. Vacancy a. Description Of Terms
s the amount we paid to you for the property.
We will pay recovery expenses and the expenses to repair the recovered property, subject to the Limit of Insurance.
6. Vacancy a. Description Of Terms (1) As used in this Vacancy Condition, the term building and the term vacant have the meanings set forth in (1)(a) and (1)(b) below: (a) When this policy is issued to a tenant, and with respect to that tenant's interest in Covered Property, building means the unit or suite rented or leased to the tenant.
Such building is vacant when it does not contain enough business personal property to conduct customary operations. (b) When this policy is issued to the owner or general lessee of a building, building means the entire building. Such building is vacant unless at least 31% of its total square footage is: (i) Rented to a lessee or sublessee and used by the lessee or sublessee to conduct its customary operations; and/or (ii) Used by the building owner to conduct customary operations.
(2) Buildings under construction or renovation are not considered vacant.
b. Vacancy Provisions If the building where loss or damage occurs has been vacant for more than 60 consecutive days before that loss or damage occurs: (1) We will not pay for any loss or damage caused by any of the following, even if they are Covered Causes of Loss: (a) Vandalism; (b) Sprinkler leakage, unless you have protected the system against freezing; (c) Building glass breakage; (d) Water damage; (e) Theft; or (f) Attempted theft.
(2) With respect to Covered Causes of Loss other than those listed in b.(1)(a) through b.(1)(f) above, we will reduce the amount we would otherwise pay for the loss or damage by 15%.
7. Valuation We will determine the value of Covered Prop-
s other than those listed in b.(1)(a) through b.(1)(f) above, we will reduce the amount we would otherwise pay for the loss or damage by 15%.
7. Valuation We will determine the value of Covered Property in the event of loss or damage as follows: a.At actual cash value as of the time of loss or damage, except as provided in b., c., d.
and e. below.
b.If the Limit of Insurance for Building satisfies the Additional Condition, Coinsurance, and the cost to repair or replace the damaged building property is $2,500 or less, we will pay the cost of building repairs or replacement.
CP 00 10 10 12 Copyright, Insurance Services Office, Inc., 2011 Page 13 of 16 The cost of building repairs or replacement does not include the increased cost attributable to enforcement of or compliance with any ordinance or law regulating the construction, use or repair of any property.
However, the following property will be valued at the actual cash value, even when attached to the building: (1) Awnings or floor coverings; (2) Appliances for refrigerating, ventilating, cooking, dishwashing or laundering; or (3) Outdoor equipment or furniture.
c. "Stock" you have sold but not delivered at the selling price less discounts and expenses you otherwise would have had.
d. Glass at the cost of replacement with safety-glazing material if required by law.
e. Tenants' Improvements and Betterments at: (1) Actual cash value of the lost or damaged property if you make repairs promptly.
(2) A proportion of your original cost if you do not make repairs promptly. We will determine the proportionate value as follows: (a) Multiply the original cost by the number of days from the loss or damage to the expiration of the lease; and (b) Divide the amount determined in (a) above by the number of days
e value as follows: (a) Multiply the original cost by the number of days from the loss or damage to the expiration of the lease; and (b) Divide the amount determined in (a) above by the number of days from the installation of inprovements to the expiration of the lease.
If your lease contains a renewal option, the expiration of the renewal option period will replace the expiration of the lease in this procedure.
(3) Nothing if others pay for repairs or replacement.
F. Additional Conditions The following conditions apply in addition to the Common Policy Conditions and the Commercial Property Conditions: 1. Coinsurance If a Coinsurance percentage is shown in the Declarations, the following condition applies: a. We will not pay the full amount of any loss if the value of Covered Property at the time of loss times the Coinsurance percent age shown for it in the Declarations is greater than the Limit of Insurance for the property. Instead, we will determine the most we will pay using the following steps: (1) Multiply the value of Covered Property at the time of loss by the Coinsurance percentage; (2) Divide the Limit of Insurance of the property by the figure determined in Step (1); (3) Multiply the total amount of loss, before the application of any deductible, by the figure determined in Step (2); and (4) Subtract the deductible from the figure determined in Step (3).
We will pay the amount determined in Step (4) or the Limit of Insurance, whichever is less. For the remainder, you will either have to rely on other insurance or absorb the loss yourself.
Example 1 (Underinsurance) When: The value of the property is: $ 250,000 The Coinsurance percentage for it is: 80% The Limit of Insurance for it is: $ 100,000 The Deductible is: $ 250
ss yourself.
Example 1 (Underinsurance) When: The value of the property is: $ 250,000 The Coinsurance percentage for it is: 80% The Limit of Insurance for it is: $ 100,000 The Deductible is: $ 250 The Amount of Loss is: $ 40,000 Step (1): $250,000 x 80% - $200,000 (the minimum amount of Insurance to meet your Coninsurance requirements) Step (3): $40,000 x .50 =$20,000 Step (4): $20,000 - $250 =$19,750 We will pay no more than $19,750. The remaining $20,250 is not covered.
Example 2 (Adequate Insurance) When: The value of the property is: $ 250,000 The Coinsurance percentage for it is: 80% The Limit of Insurance for it is: $ 200,000 The Deductible is: $ 250 The amount of loss is: $ 40,000 The minimum amount of insurance to meet your Coinsurance requirement is $200,000 ($250,000 x 80%).
Therefore, the Limit of Insurance in this example i s adequate, and no penalty applies. We will pay no more than $39,750 ($40,000 amount of loss minus the deductible of $250).
Page 14 of 16 Copyright, Insurance Services Office, Inc., 2011 CP 00 10 10 12 b. If one Limit of Insurance applies to two or more separate items, this condition will apply to the total of all property to which the limit applies.
Example 3 When: The value of the property is: Building at Location 1: $ 75,000 Building at Location 2: $100,000 Personal Property at Location 2: $ 75,000 $250,000 The Coinsurance percentage for it is: 90% The Limit of Insurance for Buildings and Personal Property at Locations 1 and 2 is: $ 180,000 The Deductible is: $ 1,000 The amount of loss is: Building at Location 2: $ 30,000 Personal Property at Location 2: $ 20,000 $ 50,000 Step (1): $250,000 x 90% = $225,000 (the minimum amount of insurance to meet your Coinsurance requirements
ss is: Building at Location 2: $ 30,000 Personal Property at Location 2: $ 20,000 $ 50,000 Step (1): $250,000 x 90% = $225,000 (the minimum amount of insurance to meet your Coinsurance requirements and to avoid the penalty shown below) Step (3): $50,000 x .80 = $40,000 Step (4): $40,000 - $1,000 = $39,000 We will pay no more than $39,000. The remaining $11,000 is not covered.
2. Mortgageholders a. The term mortgageholder includes trustee.
b. We will pay for covered loss of or damage to buildings or structures to each mortgageholder shown in the Declarations in their order of precedence, as interests may appear.
c. The mortgageholder has the right to receive loss payment even if the mortgageholder has started foreclosure or similar action on the building or structure.
d. If we deny your claim because of your acts or because you have failed to comply with the terms of this Coverage Part, the mortgageholder will still have the right to receive loss payment if the mortgageholder: (1) Pays any premium due under this Coverage Part at our request if you have failed to do so; (2) Submits a signed, sworn proof of loss within 60 days after receiving notice from us of your failure to do so; and (3) Has notified us of any change in ownership, occupancy or substantial change in risk known to the mortgageholder.
All of the terms of this Coverage Part will then apply directly to the mortgageholder.
e.If we pay the mortgageholder for any loss or damage and deny payment to you because of your acts or because you have failed to comply with the terms of this Coverage Part: (1) The mortgageholder's rights under the mortgage will be transferred to us to the extent of the amount we pay; and (2) The mortgageholder's right to recover
y with the terms of this Coverage Part: (1) The mortgageholder's rights under the mortgage will be transferred to us to the extent of the amount we pay; and (2) The mortgageholder's right to recover the full amount of the mortgageholder's claim will not be impaired.
At our option, we may pay to the mortgageholder the whole principal on the mortgage plus any accrued interest. In this event, your mortgage and note will be transferred to us and you will pay your remaining mortgage debt to us.
f.If we cancel this policy, we will give written notice to the mortgageholder at least: (1) 10 days before the effective date of cancellation if we cancel for your nonpayment of premium; or (2) 30 days before the effective date of cancellation if we cancel for any other reason.
g.If we elect not to renew this policy, we will give written notice to the mortgageholder at least 10 days before the expiration date of this policy.
G. Optional Coverages If shown as applicable in the Declarations, the fol lowing Optional Coverages apply separately to each item: 1. Agreed Value a.The Additional Condition, Coinsurance, does not apply to Covered Property to which this Optional Coverage applies. We will pay no more for loss of or damage to that property than the proportion that the Limit of Insurance under this Coverage Part for the property bears to the Agreed Value shown for it in the Declarations.
CP 00 10 10 12 Copyright, Insurance Services Office, Inc., 2011 Page 15 of 16 b. If the expiration date for this Optional Coverage shown in the Declarations is not extended, the Additional Condition, Coinsurance, is reinstated and this Optional Coverage expires.
c. The terms of this Optional Coverage apply only to loss or damage that occurs: (1) On or after the effective date of this
Condition, Coinsurance, is reinstated and this Optional Coverage expires.
c. The terms of this Optional Coverage apply only to loss or damage that occurs: (1) On or after the effective date of this Optional Coverage; and (2) Before the Agreed Value expiration date shown in the Declarations or the policy expiration date, whichever occurs first.
2. Inflation Guard a. The Limit of Insurance for property to which this Optional Coverage applies will automatically increase by the annual percentage shown in the Declarations.
b. The amount of increase will be: (1) The Limit of Insurance that applied on the most recent of the policy inception date, the policy anniversary date, or any other policy change amending the Limit of Insurance, times (2) The percentage of annual increase shown in the Declarations, expressed as a decimal (example: 8% is .08), times (3) The number of days since the beginning of the current policy year or the effective date of the most recent policy change amending the Limit of Insurance, divided by 365.
Example If: The applicable Limit of Insurance is: $ 100,000 The annual percentage increase is: 8% The number of days since the beginning of the policy year (or last policy change) is: 146 The amount of increase is: 3. Replacement Cost a. Replacement Cost (without deduction for depreciation) replaces Actual Cash Value in the Valuation Loss Condition of this Coverage Form.
b. This Optional Coverage does not apply to: (1) Personal property of others; (2) Contents of a residence; (3) Works of art, antiques or rare articles, including etchings, pictures, statuary, marbles, bronzes, porcelains and bric-a-brac; or (4) "Stock", unless the Including "Stock" option is shown in the Declarations.
art, antiques or rare articles, including etchings, pictures, statuary, marbles, bronzes, porcelains and bric-a-brac; or (4) "Stock", unless the Including "Stock" option is shown in the Declarations.
Under the terms of this Replacement Cost Optional Coverage, tenants' improvements and betterments are not considered to be the personal property of others.
c.You may make a claim for loss or damage covered by this insurance on an actual cash value basis instead of on a replacement cost basis. In the event you elect to have loss or damage settled on an actual cash value basis, you may still make a claim for the additional coverage this Optional Coverage provides if you notify us of your intent to do so within 180 days after the loss or damage.
d.We will not pay on a replacement cost basis for any loss or damage: (1) Until the lost or damaged property is actually repaired or replaced; and (2) Unless the repair or replacement is made as soon as reasonably possible after the loss or damage.
With respect to tenants' improvements and betterments, the following also apply: (3) If the conditions in d.(1) and d.(2) above are not met, the value of tenants' improvements and betterments will be determined as a proportion of your original cost, as set forth in the Valuation Loss Condition of this Coverage Form; and (4) We will not pay for loss or damage to tenants' improvements and betterments if others pay for repairs or replacement.
e.We will not pay more for loss or damage on a replacement cost basis than the least of (1), (2) or (3), subject to f. below: (1) The Limit of Insurance applicable to the lost or damaged property; (2) The cost to replace the lost or damaged property with other property: (a) Of comparable material and quality; and
below: (1) The Limit of Insurance applicable to the lost or damaged property; (2) The cost to replace the lost or damaged property with other property: (a) Of comparable material and quality; and (b) Used for the same purpose; or (3) The amount actually spent that is necessary to repair or replace the lost or damaged property.
If a building is rebuilt at a new premises, the cost described in e.(2) above is limited to the cost which would have been incurred if the building had been rebuilt at the original premises.
Page 16 of 16 Copyright, Insurance Services Office, Inc., 2011 CP 00 10 10 12 f. The cost of repair or replacement does not include the increased cost attributable to enforcement of or compliance with any ordinance or law regulating the construction, use or repair of any property.
4. Extension Of Replacement Cost To Personal Property Of Others a. If the Replacement Cost Optional Coverage is shown as applicable in the Declarations, then this Extension may also be shown as applicable. If the Declarations show this Extension as applicable, then Paragraph 3.b.(1) of the Replacement Cost Optional Coverage is deleted and all other provisions of the Replacement Cost Optional Coverage apply to replacement cost on personal property of others.
b. With respect to replacement cost on the personal property of others, the following limitation applies: If an item(s) of personal property of others is subject to a written contract which governs your liability for loss or damage to that item(s), then valuation of that item(s) will be based on the amount for which you are liable under such contract, but not to exceed the lesser of the replacement cost of the property or the applicable Limit of Insurance. H. Definitions
m(s) will be based on the amount for which you are liable under such contract, but not to exceed the lesser of the replacement cost of the property or the applicable Limit of Insurance. H. Definitions 1."Fungus" means any type or form of fungus, including mold or mildew, and any mycotoxins, spores, scents or by-products produced or released by fungi.
2."Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed.
3."Stock" means merchandise held in storage or for sale, raw materials and in-process or finished goods, including supplies used in their packing or shipping.
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Copyright, ISO Commercial Risk Services, Inc., 1983 , 1987 This Coverage Part is subject to the following cond itions, the Common Policy Conditions and applicable Loss Conditions and Additional Conditions in Commercial Property Coverage Forms.
CONCEALMENT, MISREPRESENTATION OR FRAUD This Coverage Part is void in any case of fraud by you as it relates to this Coverage Part at any time. It is also void if you or any other insured, at any time, intentionally conceal or misrepresent a material fa ct concerning: This Coverage Part; The Covered Property; Your interest in the Covered Property; or A claim under this Coverage Part.
CONTROL OF PROPERTY Any act or neglect of any person other than you beyond your direction or control will not affect th is insurance.
The breach of any condition of this Coverage Part a t any one or more locations will not affect coverage at any location where, at the time of loss or damage, the
trol will not affect th is insurance.
The breach of any condition of this Coverage Part a t any one or more locations will not affect coverage at any location where, at the time of loss or damage, the breach of condition does not exist.
INSURANCE UNDER TWO OR MORE COVERAGES If two or more of this policy's coverages apply to the same loss or damage, we will not pay more than the actual amount of the loss or damage.
LEGAL ACTION AGAINST US No one may bring a legal action against us under th is Coverage Part unless: There has been full compliance with all of the terms of this Coverage Part; and The action is brought within 2 years after the date on which the direct physical loss or damage occurred.
LIBERALIZATION If we adopt any revision that would broaden the coverage under this Coverage Part without additiona l premium within 45 days prior to or during the polic y period, the broadened coverage will immediately apply to this Coverage Part.
NO BENEFIT TO BAILEE No person or organization, other than you, having custody of Covered Property will benefit from this insurance.
OTHER INSURANCE CP 00 90 07 88 COMMERCIAL PROPERTY CONDITIONS You may have other insurance subject to the same plan, terms, conditions and provisions as the insurance under this Coverage Part. If you do, we will pay our share of the covered loss or damage. Our share is the proportion that the applicable Limit of Insurance under this Coverage Part bears to the Limits Of Insurance of all insurance covering on the same basis.
If there is other insurance covering the same loss or damage, other than that described in 1.
above, we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than
ribed in 1.
above, we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Limit of Insurance.
POLICY PERIOD, COVERAGE TERRITORY Under this Coverage Part: We cover loss or damage commencing: During the policy period shown in the Declarations; and Within the coverage territory.
The coverage territory is: The United States of America (including its territories and possessions); Puerto Rico; and Canada.
TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If any person or organization to or for whom we make payment under this Coverage Part has rights to recover damages from another, those rights are transferred to us to the extent of our payment. Tha t person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another party in writing: Prior to a loss to your Covered Property or Covered Income.
After a loss to your Covered Property or Covered Income only if, at time of loss, that party is one of the following: Someone insured by this insurance; A business firm: Owned or controlled by you; or That owns or controls you; or Your tenant.
This will not restrict your insurance.
CP 00 90 07 88 Page 1 of 1 INSURED CP 01 40 07 06 Copyright, ISO Properties, Inc., 2006 Page 1 of 1 COMMERCIAL PROPERTY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ I T CAREFULLY.
EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART STANDARD PROPERTY POLICY A. The exclusion set forth in Paragraph B. applies to all coverage under all forms and endorsements
s insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART STANDARD PROPERTY POLICY A. The exclusion set forth in Paragraph B. applies to all coverage under all forms and endorsements that comprise this Coverage Part or Policy, including but not limited to forms or endorsements that cover property damage to buildings or personal property and forms or endorsements that cover business income, extra expense or action of civil authority.
B. We will not pay for loss or damage caused by or resulting from any virus, bacterium or other microorganism that induces or is capable of inducing physical distress, illness or disease.
However, this exclusion does not apply to loss or damage caused by or resulting from "fungus", wet rot or dry rot. Such loss or damage is addressed in a separate exclusion in this Coverage Part or Policy.
C. With respect to any loss or damage subject to the exclusion in Paragraph B., such exclusion supersedes any exclusion relating to "pollutants".D.The following provisions in this Coverage Part or Policy are hereby amended to remove reference to bacteria: 1.Exclusion of "Fungus", Wet Rot, Dry Rot And Bacteria; and 2.Additional Coverage - Limited Coverage for "Fungus", Wet Rot, Dry Rot And Bacteria, including any endorsement increasing the scope or amount of coverage.
E.The terms of the exclusion in Paragraph B., or the inapplicability of this exclusion to a particular l oss, do not serve to create coverage for any loss that would otherwise be excluded under this Coverage Part or Policy.
INSURED Copyright, ISO Properties, Inc., 2007 Page 1 of 1 CP 02 99 06 07 COMMERCIAL PROPERTY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ I T CAREFULLY.
CANCELLATION CHANGES
olicy.
INSURED Copyright, ISO Properties, Inc., 2007 Page 1 of 1 CP 02 99 06 07 COMMERCIAL PROPERTY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ I T CAREFULLY.
CANCELLATION CHANGES This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART STANDARD PROPERTY POLICY The following is added to the Cancellation Common Policy Condition: If any one of the following conditions exists at an y building that is Covered Property in this policy, w e may cancel this Coverage Part by mailing or delivering to the first Named Insured written notice of cancellat ion at least five days before the effective date of cancel lation.
A. The building has been vacant or unoccupied 60 or more consecutive days. This does not apply to: 1. Seasonal unoccupancy; 2. Buildings in the course of construction, renovation or addition; or 3. Buildings to which the Vacancy Permit endorsement applies.
Buildings with 65% or more of the rental units or floor area vacant or unoccupied are considered unoccupied under this provision.
B. After damage by a covered cause of loss, permanent repairs to the building: 1. Have not started; and 2. Have not been contracted for, within 30 days of initial payment of loss. C.The building has: 1.An outstanding order to vacate; 2.An outstanding demolition order; 3.Been declared unsafe by governmental authority.
D.Fixed and salvageable items have been or are being removed from the building and are not being replaced. This does not apply to such removal that is necessary or incidental to any renovation or remodeling.
E.Failure to: 1.Furnish necessary heat, water, sewer service or electricity for 30 consecutive days or more, except during a period of seasonal unoccupancy; or
ental to any renovation or remodeling.
E.Failure to: 1.Furnish necessary heat, water, sewer service or electricity for 30 consecutive days or more, except during a period of seasonal unoccupancy; or 2.Pay property taxes that are owing and have been outstanding for more than one year following the date due, except that this provision will not apply where you are in a bona fide dispute with the taxing authority regarding payment of such taxes.
INSURED CP 10 30 09 17 Copyright, Insurance Services Office, Inc., 2016 Page 1 of 10 COMMERCIAL PROPERTY CAUSES OF LOSS - SPECIAL FORM Words and phrases that appear in quotation marks ha ve special meaning. Refer to Section G. Definitions.
A. Covered Causes Of Loss When Special is shown in the Declarations, Covered Causes of Loss means direct physical loss unless the loss is excluded or limited in this poli cy.
B. Exclusions 1. We will not pay for loss or damage caused directly or indirectly by any of the following.
Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss.
a. Ordinance Or Law The enforcement of or compliance with any ordinance or law: (1) Regulating the construction, use or repair of any property; or (2) Requiring the tearing down of any property, including the cost of removing its debris.
This exclusion, Ordinance Or Law, applies whether the loss results from: (a) An ordinance or law that is enforced even if the property has not been damaged; or (b) The increased costs incurred to comply with an ordinance or law in the course of construction, repair, renovation, remodeling or demolition of property, or removal of its debris, following a physical loss to that property.
b. Earth Movement
h an ordinance or law in the course of construction, repair, renovation, remodeling or demolition of property, or removal of its debris, following a physical loss to that property.
b. Earth Movement (1) Earthquake, including tremors and aftershocks and any earth sinking, rising or shifting related to such event; (2) Landslide, including any earth sinking, rising or shifting related to such event; (3) Mine subsidence, meaning subsidence of a man-made mine, whether or not mining activity has ceased;(4) Earth sinking (other than sinkhole collapse), rising or shifting including soil conditions which cause settling, cracking or other disarrangement of foundations or other parts of realty.
Soil conditions include contraction, expansion, freezing, thawing, erosion, improperly compacted soil and the action of water under the ground surface.
But if Earth Movement, as described in b.(1) through (4) above, results in fire or explosion, we will pay for the loss or damage caused by that fire or explosion.
(5) Volcanic eruption, explosion or effusion. But if volcanic eruption, explosion or effusion results in fire, building glass breakage or Volcanic Action, we will pay for the loss or damage caused by that fire, building glass breakage or Volcanic Action.
Volcanic Action means direct loss or damage resulting from the eruption of a volcano when the loss or damage is caused by: (a) Airborne volcanic blast or airborne shock waves; (b) Ash, dust or particulate matter; or (c) Lava flow.
With respect to coverage for Volcanic Action as set forth in (5)(a), (5)(b) and (5)(c), all volcanic eruptions that occur within any 168-hour period will constitute a single occurrence.
Volcanic Action does not include the cost to remove ash, dust or particulate
a), (5)(b) and (5)(c), all volcanic eruptions that occur within any 168-hour period will constitute a single occurrence.
Volcanic Action does not include the cost to remove ash, dust or particulate matter that does not cause direct physical loss or damage to the described property.
This exclusion applies regardless of whether any of the above, in Paragraphs (1) through (5), is caused by an act of nature or is otherwise caused.
INSURED CP 10 30 09 17 Copyright, Insurance Services Office, Inc., 2016 Page 2 of 10 c. Governmental Action Seizure or destruction of property by order of governmental authority.
But we will pay for loss or damage caused by or resulting from acts of destruction ordered by governmental authority and taken at the time of a fire to prevent its spread, if the fire would be covered under this Coverage Part.
d. Nuclear Hazard Nuclear reaction or radiation, or radioactive contamination, however caused.
But if nuclear reaction or radiation, or radioactive contamination, results in fire, we will pay for the loss or damage caused by that fire.
e. Utility Services The failure of power, communication, water or other utility service supplied to the described premises, however caused, if the failure: (1) Originates away from the described premises; or (2) Originates at the described premises, but only if such failure involves equipment used to supply the utility service to the described premises from a source away from the described premises.
Failure of any utility service includes lack of sufficient capacity and reduction in supply.
Loss or damage caused by a surge of power is also excluded, if the surge would not have occurred but for an event causing a failure of power.
But if the failure or surge of power, or the
in supply.
Loss or damage caused by a surge of power is also excluded, if the surge would not have occurred but for an event causing a failure of power.
But if the failure or surge of power, or the failure of communication, water or other utility service, results in a Covered Cause of Loss, we will pay for the loss or damage caused by that Covered Cause of Loss.
Communication services include but are not limited to service relating to Internet access or access to any electronic, cellular or satellite network.
f. War And Military Action (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these.
g. Water (1) Flood, surface water, waves (including tidal wave and tsunami), tides, tidal water, overflow of any body of water, or spray from any of these, all whether or not driven by wind (including storm surge); (2) Mudslide or mudflow; (3) Water that backs up or overflows or is otherwise discharged from a sewer, drain, sump, sump pump or related equipment; (4) Water under the ground surface pressing on, or flowing or seeping through: (a) Foundations, walls, floors or paved surfaces; (b) Basements, whether paved or not; or (c) Doors, windows or other openings; or (5) Waterborne material carried or otherwise moved by any of the water referred to in Paragraph (1), (3) or (4), or material carried or otherwise moved by mudslide or mudflow.
This exclusion applies regardless of whether any of the above, in Paragraphs
y of the water referred to in Paragraph (1), (3) or (4), or material carried or otherwise moved by mudslide or mudflow.
This exclusion applies regardless of whether any of the above, in Paragraphs (1) through (5), is caused by an act of nature or is otherwise caused. An example of a situation to which this exclusion applies is the situation where a dam, levee, seawall or other boundary or containment system fails in whole or in part, for any reason, to contain the water.
CP 10 30 09 17 Copyright, Insurance Services Office, Inc., 2016 Page 3 of 10 But if any of the above, in Paragraphs (1) through (5), results in fire, explosion or sprinkler leakage, we will pay for the loss or damage caused by that fire, explosion or sprinkler leakage (if sprinkler leakage is a Covered Cause of Loss).
h. "Fungus", Wet Rot, Dry Rot And Bacteria Presence, growth, proliferation, spread or any activity of "fungus", wet or dry rot or bacteria.
But if "fungus", wet or dry rot or bacteria result in a "specified cause of loss", we will pay for the loss or damage caused by that "specified cause of loss".
This exclusion does not apply: (1) When "fungus", wet or dry rot or bacteria result from fire or lightning; or (2) To the extent that coverage is provided in the Additional Coverage, Limited Coverage For "Fungus", Wet Rot, Dry Rot And Bacteria, with respect to loss or damage by a cause of loss other than fire or lightning.
Exclusions B.1.a. through B.1.h. apply whether or not the loss event results in widespread damage or affects a substantial area.
2. We will not pay for loss or damage caused by or resulting from any of the following: a. Artificially generated electrical, magnetic or electromagnetic energy that damages, disturbs, disrupts or otherwise interferes with any:
or damage caused by or resulting from any of the following: a. Artificially generated electrical, magnetic or electromagnetic energy that damages, disturbs, disrupts or otherwise interferes with any: (1) Electrical or electronic wire, device, appliance, system or network; or (2) Device, appliance, system or network utilizing cellular or satellite technology.
For the purpose of this exclusion, electrical, magnetic or electromagnetic energy includes but is not limited to: (a) Electrical current, including arcing; (b) Electrical charge produced or conducted by a magnetic or electromagnetic field; (c) Pulse of electromagnetic energy; or (d) Electromagnetic waves or microwaves.
But if fire results, we will pay for the loss or damage caused by that fire.
b. Delay, loss of use or loss of market.
c. Smoke, vapor or gas from agricultural smudging or industrial operations. d. (1) Wear and tear; (2) Rust or other corrosion, decay, deterioration, hidden or latent defect or any quality in property that causes it to damage or destroy itself; (3) Smog; (4) Settling, cracking, shrinking or expansion; (5) Nesting or infestation, or discharge or release of waste products or secretions, by insects, birds, rodents or other animals.
(6) Mechanical breakdown, including rupture or bursting caused by centrifugal force. But if mechanical breakdown results in elevator collision, we will pay for the loss or damage caused by that elevator collision.
(7) The following causes of loss to personal property: (a) Dampness or dryness of atmosphere; (b) Changes in or extremes of temperature; or (c) Marring or scratching.
But if an excluded cause of loss that is listed in 2.d.(1) through (7) results in a "specified cause of loss" or building glass
Changes in or extremes of temperature; or (c) Marring or scratching.
But if an excluded cause of loss that is listed in 2.d.(1) through (7) results in a "specified cause of loss" or building glass breakage, we will pay for the loss or damage caused by that "specified cause of loss" or building glass breakage.
e.Explosion of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you, or operated under your control. But if explosion of steam boilers, steam pipes, steam engines or steam turbines results in fire or combustion explosion, we will pay for the loss or damage caused by that fire or combustion explosion. We will also pay for loss or damage caused by or resulting from the explosion of gases or fuel within the furnace of any fired vessel or within the flues or passages through which the gases of combustion pass.
f.Continuous or repeated seepage or leakage of water, or the presence or condensation of humidity, moisture or vapor, that occurs over a period of 14 days or more.
CP 10 30 09 17 Copyright, Insurance Services Office, Inc., 2016 Page 4 of 10 g. Water, other liquids, powder or molten material that leaks or flows from plumbing, heating, air conditioning or other equipment (except fire protective systems) caused by or resulting from freezing, unless: (1) You do your best to maintain heat in the building or structure; or (2) You drain the equipment and shut off the supply if the heat is not maintained.
h. Dishonest or criminal act (including theft) by you, any of your partners, members, officers, managers, employees (including temporary employees and leased workers), directors, trustees or authorized representatives, whether acting alone or in collusion with each other or with any other
ers, managers, employees (including temporary employees and leased workers), directors, trustees or authorized representatives, whether acting alone or in collusion with each other or with any other party; or theft by any person to whom you entrust the property for any purpose, whether acting alone or in collusion with any other party.
This exclusion: (1) Applies whether or not an act occurs during your normal hours of operation; (2) Does not apply to acts of destruction by your employees (including temporary employees and leased workers) or authorized representatives; but theft by your employees (including temporary employees and leased workers) or authorized representatives is not covered.
i. Voluntary parting with any property by you or anyone else to whom you have entrusted the property if induced to do so by any fraudulent scheme, trick, device or false pretense.
j. Rain, snow, ice or sleet to personal property in the open.
k. Collapse, including any of the following conditions of property or any part of the property: (1) An abrupt falling down or caving in; (2) Loss of structural integrity, including separation of parts of the property or property in danger of falling down or caving in; or (3) Any cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion as such condition relates to (1) or (2) above.
But if collapse results in a Covered Cause of Loss at the described premises, we will pay for the loss or damage caused by that Covered Cause of Loss. This exclusion, k., does not apply: (a) To the extent that coverage is provided under the Additional Coverage, Collapse; or (b) To collapse caused by one or more of the following: (i) The "specified causes of loss"; (ii) Breakage of building glass;
t that coverage is provided under the Additional Coverage, Collapse; or (b) To collapse caused by one or more of the following: (i) The "specified causes of loss"; (ii) Breakage of building glass; (iii) Weight of rain that collects on a roof; or (iv) Weight of people or personal property.
l.Discharge, dispersal, seepage, migration, release or escape of "pollutants" unless the discharge, dispersal, seepage, migration, release or escape is itself caused by any of the "specified causes of loss". But if the discharge, dispersal, seepage, migration, release or escape of "pollutants" results in a "specified cause of loss", we will pay for the loss or damage caused by that "specified cause of loss".
This exclusion, I., does not apply to damage to glass caused by chemicals applied to the glass.
m.Neglect of an insured to use all reasonable means to save and preserve property from further damage at and after the time of loss.
3.We will not pay for loss or damage caused by or resulting from any of the following, 3.a.
through 3.c. But if an excluded cause of loss that is listed in 3.a. through 3.c. results in a Covered Cause of Loss, we will pay for the loss or damage caused by that Covered Cause of Loss.
a.Weather conditions. But this exclusion only applies if weather conditions contribute in any way with a cause or event excluded in Paragraph 1. above to produce the loss or damage.
b.Acts or decisions, including the failure to act or decide, of any person, group, organization or governmental body.
c.Faulty, inadequate or defective: (1) Planning, zoning, development, surveying, siting; (2) Design, specifications, workmanship, repair, construction, renovation, remodeling, grading, compaction; (3) Materials used in repair, construction,
ing, zoning, development, surveying, siting; (2) Design, specifications, workmanship, repair, construction, renovation, remodeling, grading, compaction; (3) Materials used in repair, construction, renovation or remodeling; or (4) Maintenance; CP 10 30 09 17 Copyright, Insurance Services Office, Inc., 2016 Page 5 of 10 of part or all of any property on or off the described premises.
4. Special Exclusions The following provisions apply only to the specified Coverage Forms: a. Business Income (And Extra Expense) Coverage Form, Business Income (Without Extra Expense) Coverage Form, Or Extra Expense Coverage Form We will not pay for: (1) Any loss caused by or resulting from: (a) Damage or destruction of "finished stock"; or (b) The time required to reproduce "finished stock".
This exclusion does not apply to Extra Expense.
(2) Any loss caused by or resulting from direct physical loss or damage to radio or television antennas (including satellite dishes) and their lead-in wiring, masts or towers.
(3) Any increase of loss caused by or resulting from: (a) Delay in rebuilding, repairing or replacing the property or resuming "operations", due to interference at the location of the rebuilding, repair or replacement by strikers or other persons; or (b) Suspension, lapse or cancellation of any license, lease or contract.
But if the suspension, lapse or cancellation is directly caused by the "suspension" of "operations", we will cover such loss that affects your Business Income during the "period of restoration" and any extension of the "period of restoration" in accordance with the terms of the Extended Business Income Additional Coverage and the Extended Period Of Indemnity Optional Coverage or any variation of these.
(4) Any Extra Expense caused by or re-
cordance with the terms of the Extended Business Income Additional Coverage and the Extended Period Of Indemnity Optional Coverage or any variation of these.
(4) Any Extra Expense caused by or resulting from suspension, lapse or cancellation of any license, lease or contract beyond the "period of restoration".
(5) Any other consequential loss. b. Leasehold Interest Coverage Form (1) Paragraph B.1.a., Ordinance Or Law, does not apply to insurance under this Coverage Form.
(2) We will not pay for any loss caused by: (a) Your cancelling the lease; (b) The suspension, lapse or cancellation of any license; or (c) Any other consequential loss.
c. Legal Liability Coverage Form (1) The following exclusions do not apply to insurance under this Coverage Form: (a) Paragraph B.1.a. Ordinance Or Law; (b) Paragraph B.1.c. Governmental Action; (c) Paragraph B.1.d. Nuclear Hazard; (d) Paragraph B.1.e. Utility Services; and (e) Paragraph B.1.f. War And Military Action.
(2) The following additional exclusions apply to insurance under this Coverage Form: (a) Contractual Liability We will not defend any claim or "suit", or pay damages that you are legally liable to pay, solely by reason of your assumption of liability in a contract or agreement.
But this exclusion does not apply to a written lease agreement in which you have assumed liability for building damage resulting from an actual or attempted burglary or robbery, provided that: (i) Your assumption of liability was executed prior to the accident; and (ii) The building is Covered Property under this Coverage Form.
(b) Nuclear Hazard We will not defend any claim or "suit", or pay any damages, loss, expense or obligation, resulting from nuclear reaction or radiation, or radioactive contamination, however caused.
(b) Nuclear Hazard We will not defend any claim or "suit", or pay any damages, loss, expense or obligation, resulting from nuclear reaction or radiation, or radioactive contamination, however caused.
CP 10 30 09 17 Copyright, Insurance Services Office, Inc., 2016 Page 6 of 10 5. Additional Exclusion The following provisions apply only to the specified property: Loss Or Damage To Products We will not pay for loss or damage to any merchandise, goods or other product caused by or resulting from error or omission by any person or entity (including those having possession under an arrangement where work or a portion of the work is outsourced) in any stage of the development, production or use of the product, including planning, testing, processing, packaging, installation, maintenance or repair. This exclusion applies to any effect that compromises the form, substance or quality of the product. But if such error or omission results in a Covered Cause of Loss, we will pay for the loss or damage caused by that Covered Cause of Loss.
C. Limitations The following limitations apply to all policy forms and endorsements, unless otherwise stated: 1. We will not pay for loss of or damage to property, as described and limited in this section. In addition, we will not pay for any loss that is a consequence of loss or damage as described and limited in this section.
a. Steam boilers, steam pipes, steam engines or steam turbines caused by or resulting from any condition or event inside such equipment. But we will pay for loss of or damage to such equipment caused by or resulting from an explosion of gases or fuel within the furnace of any fired vessel or within the flues or passages through which the gases of combustion pass.
b. Hot water boilers or other water heating
ulting from an explosion of gases or fuel within the furnace of any fired vessel or within the flues or passages through which the gases of combustion pass.
b. Hot water boilers or other water heating equipment caused by or resulting from any condition or event inside such boilers or equipment, other than an explosion.
c. The interior of any building or structure, or to personal property in the building or structure, caused by or resulting from rain, snow, sleet, ice, sand or dust, whether driven by wind or not, unless: (1) The building or structure first sustains damage by a Covered Cause of Loss to its roof or walls through which the rain, snow, sleet, ice, sand or dust enters; or (2) The loss or damage is caused by or results from thawing of snow, sleet or ice on the building or structure. d.Building materials and supplies not attached as part of the building or structure, caused by or resulting from theft.
However, this limitation does not apply to: (1) Building materials and supplies held for sale by you, unless they are insured under the Builders Risk Coverage Form; or (2) Business Income Coverage or Extra Expense Coverage.
e.Property that is missing, where the only evidence of the loss or damage is a shortage disclosed on taking inventory, or other instances where there is no physical evidence to show what happened to the property.
f.Property that has been transferred to a person or to a place outside the described premises on the basis of unauthorized instructions.
g.Lawns, trees, shrubs or plants which are part of a vegetated roof, caused by or resulting from: (1) Dampness or dryness of atmosphere or of soil supporting the vegetation; (2) Changes in or extremes of temperature; (3) Disease; (4) Frost or hail; or (5) Rain, snow, ice or sleet.
sulting from: (1) Dampness or dryness of atmosphere or of soil supporting the vegetation; (2) Changes in or extremes of temperature; (3) Disease; (4) Frost or hail; or (5) Rain, snow, ice or sleet.
2.We will not pay for loss of or damage to the following types of property unless caused by the "specified causes of loss" or building glass breakage: a.Animals, and then only if they are killed or their destruction is made necessary.
b.Fragile articles such as statuary, marbles, chinaware and porcelains, if broken. This restriction does not apply to: (1) Glass; or (2) Containers of property held for sale.
c.Builders' machinery, tools and equipment owned by you or entrusted to you, provided such property is Covered Property.
However, this limitation does not apply: (1) If the property is located on or within 100 feet of the described premises, unless the premises is insured under the Builders Risk Coverage Form; or CP 10 30 09 17 Copyright, Insurance Services Office, Inc., 2016 Page 7 of 10 (2) To Business Income Coverage or to Extra Expense Coverage.
3. The special limit shown for each category, a.
through d., is the total limit for loss of or damage to all property in that category. The special limit applies to any one occurrence of theft, regardless of the types or number of articles that are lost or damaged in that occurrence.
The special limits are (unless a higher limit is shown in the Declarations): a. $2,500 for furs, fur garments and garments trimmed with fur.
b. $2,500 for jewelry, watches, watch movements, jewels, pearls, precious and semiprecious stones, bullion, gold, silver, platinum and other precious alloys or metals. This limit does not apply to jewelry and watches worth $100 or less per item.
c. $2,500 for patterns, dies, molds and forms.
tones, bullion, gold, silver, platinum and other precious alloys or metals. This limit does not apply to jewelry and watches worth $100 or less per item.
c. $2,500 for patterns, dies, molds and forms.
d. $250 for stamps, tickets, including lottery tickets held for sale, and letters of credit.
These special limits are part of, not in addition to, the Limit of Insurance applicable to the Covered Property.
This limitation, C.3., does not apply to Business Income Coverage or to Extra Expense Coverage.
4. We will not pay the cost to repair any defect to a system or appliance from which water, other liquid, powder or molten material escapes. But we will pay the cost to repair or replace damaged parts of fire-extinguishing equipment if the damage: a. Results in discharge of any substance from an automatic fire protection system; or b. Is directly caused by freezing.
However, this limitation does not apply to Business Income Coverage or to Extra Expense Coverage.
D. Additional Coverage - Collapse The coverage provided under this Additional Coverage, Collapse, applies only to an abrupt collapse as described and limited in D.1. through D.7.
1. For the purpose of this Additional Coverage, Collapse, abrupt collapse means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. 2.We will pay for direct physical loss or damage to Covered Property, caused by abrupt collapse of a building or any part of a building that is insured under this Coverage Form or that contains Covered Property insured under this Coverage Form, if such collapse is caused by one or more of the following: a.Building decay that is hidden from view,
ured under this Coverage Form or that contains Covered Property insured under this Coverage Form, if such collapse is caused by one or more of the following: a.Building decay that is hidden from view, unless the presence of such decay is known to an insured prior to collapse; b.Insect or vermin damage that is hidden from view, unless the presence of such damage is known to an insured prior to collapse; c.Use of defective material or methods in construction, remodeling or renovation if the abrupt collapse occurs during the course of the construction, remodeling or renovation.
d.Use of defective material or methods in construction, remodeling or renovation if the abrupt collapse occurs after the construction, remodeling or renovation is complete, but only if the collapse is caused in part by: (1) A cause of loss listed in 2.a. or 2.b.; (2) One or more of the "specified causes of loss"; (3) Breakage of building glass; (4) Weight of people or personal property; or (5) Weight of rain that collects on a roof.
3.This Additional Coverage - Collapse does not apply to: a.A building or any part of a building that is in danger of falling down or caving in; b.A part of a building that is standing, even if it has separated from another part of the building; or c.A building that is standing or any part of a building that is standing, even if it shows evidence of cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion.
4.With respect to the following property: a.Outdoor radio or television antennas (including satellite dishes) and their lead-in wiring, masts or towers; CP 10 30 09 17 Copyright, Insurance Services Office, Inc., 2016 Page 8 of 10 b. Awnings, gutters and downspouts; c. Yard fixtures; d. Outdoor swimming pools; e. Fences;
ead-in wiring, masts or towers; CP 10 30 09 17 Copyright, Insurance Services Office, Inc., 2016 Page 8 of 10 b. Awnings, gutters and downspouts; c. Yard fixtures; d. Outdoor swimming pools; e. Fences; f. Piers, wharves and docks; g. Beach or diving platforms or appurtenances; h. Retaining walls; and i. Walks, roadways and other paved surfaces; if an abrupt collapse is caused by a cause of loss listed in 2.a. through 2.d., we will pay for loss or damage to that property only if: (1) Such loss or damage is a direct result of the abrupt collapse of a building insured under this Coverage Form; and (2) The property is Covered Property under this Coverage Form.
5. If personal property abruptly falls down or caves in and such collapse is not the result of abrupt collapse of a building, we will pay for loss or damage to Covered Property caused by such collapse of personal property only if: a. The collapse of personal property was caused by a cause of loss listed in 2.a.
through 2.d.; b. The personal property which collapses is inside a building; and c. The property which collapses is not of a kind listed in 4., regardless of whether that kind of property is considered to be personal property or real property.
The coverage stated in this Paragraph 5. does not apply to personal property if marring and/or scratching is the only damage to that personal property caused by the collapse.
6. This Additional Coverage, Collapse, does not apply to personal property that has not abruptly fallen down or caved in, even if the personal property shows evidence of cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion.
7. This Additional Coverage, Collapse, will not increase the Limits of Insurance provided in this Coverage Part.
ce of cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion.
7. This Additional Coverage, Collapse, will not increase the Limits of Insurance provided in this Coverage Part.
8. The term Covered Cause of Loss includes the Additional Coverage, Collapse, as described and limited in D.1. through D.7. E. Additional Coverage - Limited Coverage For "Fungus", Wet Rot, Dry Rot And Bacteria 1.The coverage described in E.2. and E.6. only applies when the "fungus", wet or dry rot or bacteria are the result of one or more of the following causes that occur during the policy period and only if all reasonable means were used to save and preserve the property from further damage at the time of and after that occurrence: a.A "specified cause of loss" other than fire or lightning; or b.Flood, if the Flood Coverage Endorsement applies to the affected premises.
This Additional Coverage does not apply to lawns, trees, shrubs or plants which are part of a vegetated roof.
2.We will pay for loss or damage by "fungus", wet or dry rot or bacteria. As used in this Limited Coverage, the term loss or damage means: a.Direct physical loss or damage to Covered Property caused by "fungus", wet or dry rot or bacteria, including the cost of removal of the "fungus", wet or dry rot or bacteria; b.The cost to tear out and replace any part of the building or other property as needed to gain access to the "fungus", wet or dry rot or bacteria; and c.The cost of testing performed after removal, repair, replacement or restoration of the damaged property is completed, provided there is a reason to believe that "fungus", wet or dry rot or bacteria are present.
3.The coverage described under E.2. of this Limited Coverage is limited to $15,000. Regardless
ompleted, provided there is a reason to believe that "fungus", wet or dry rot or bacteria are present.
3.The coverage described under E.2. of this Limited Coverage is limited to $15,000. Regardless of the number of claims, this limit is the most we will pay for the total of all loss or damage arising out of all occurrences of "specified causes of loss" (other than fire or lightning) and Flood which take place in a 12-month period (starting with the beginning of the present annual policy period). With respect to a particular occurrence of loss which results in "fungus", wet or dry rot or bacteria, we will not pay more than a total of $15,000 even if the "fungus", wet or dry rot or bacteria continue to be present or active, or recur, in a later policy period.
CP 10 30 09 17 Copyright, Insurance Services Office, Inc., 2016 Page 9 of 10 4. The coverage provided under this Limited Coverage does not increase the applicable Limit of Insurance on any Covered Property. If a particular occurrence results in loss or damage by "fungus", wet or dry rot or bacteria, and other loss or damage, we will not pay more, for the total of all loss or damage, than the applicable Limit of Insurance on the affected Covered Property.
If there is covered loss or damage to Covered Property, not caused by "fungus", wet or dry rot or bacteria, loss payment will not be limited by the terms of this Limited Coverage, except to the extent that "fungus", wet or dry rot or bacteria cause an increase in the loss. Any such increase in the loss will be subject to the terms of this Limited Coverage.
5. The terms of this Limited Coverage do not increase or reduce the coverage provided under Paragraph F.2. (Water Damage, Other Liquids, Powder Or Molten Material Damage) of this
Limited Coverage.
5. The terms of this Limited Coverage do not increase or reduce the coverage provided under Paragraph F.2. (Water Damage, Other Liquids, Powder Or Molten Material Damage) of this Causes Of Loss form or under the Additional Coverage, Collapse.
6. The following, 6.a. or 6.b., applies only if Business Income and/or Extra Expense Coverage applies to the described premises and only if the "suspension" of "operations" satisfies all terms and conditions of the applicable Business Income and/or Extra Expense Coverage Form: a. If the loss which resulted in "fungus", wet or dry rot or bacteria does not in itself necessitate a "suspension" of "operations", but such "suspension" is necessary due to loss or damage to property caused by "fungus", wet or dry rot or bacteria, then our payment under Business Income and/or Extra Expense is limited to the amount of loss and/or expense sustained in a period of not more than 30 days. The days need not be consecutive.
b. If a covered "suspension" of "operations" was caused by loss or damage other than "fungus", wet or dry rot or bacteria but remediation of "fungus", wet or dry rot or bacteria prolongs the "period of restoration", we will pay for loss and/or expense sustained during the delay (regardless of when such a delay occurs during the "period of restoration"), but such coverage is limited to 30 days. The days need not be consecutive. F. Additional Coverage Extensions 1. Property In Transit This Extension applies only to your personal property to which this form applies.
a.You may extend the insurance provided by this Coverage Part to apply to your personal property (other than property in the care, custody or control of your salespersons) in transit more than 100 feet from the
nd the insurance provided by this Coverage Part to apply to your personal property (other than property in the care, custody or control of your salespersons) in transit more than 100 feet from the described premises. Property must be in or on a motor vehicle you own, lease or operate while between points in the coverage territory.
b.Loss or damage must be caused by or result from one of the following causes of loss: (1) Fire, lightning, explosion, windstorm or hail, riot or civil commotion, or vandalism.
(2) Vehicle collision, upset or overturn.
Collision means accidental contact of your vehicle with another vehicle or object. It does not mean your vehicle's contact with the roadbed.
(3) Theft of an entire bale, case or package by forced entry into a securely locked body or compartment of the vehicle. There must be visible marks of the forced entry.
c.The most we will pay for loss or damage under this Extension is $5,000.
This Coverage Extension is additional insurance. The Additional Condition, Coinsurance, does not apply to this Extension.
2. Water Damage, Other Liquids, Powder Or Molten Material Damage If loss or damage caused by or resulting from covered water or other liquid, powder or molten material damage loss occurs, we will also pay the cost to tear out and replace any part of the building or structure to repair damage to the system or appliance from which the water or other substance escapes. This Coverage Extension does not increase the Limit of Insurance.
CP 10 30 09 17 Copyright, Insurance Services Office, Inc., 2016 Page 10 of 10 3. Glass a. We will pay for expenses incurred to put up temporary plates or board up openings if repair or replacement of damaged glass is delayed.
b. We will pay for expenses incurred to re-
10 of 10 3. Glass a. We will pay for expenses incurred to put up temporary plates or board up openings if repair or replacement of damaged glass is delayed.
b. We will pay for expenses incurred to remove or replace obstructions when repairing or replacing glass that is part of a building. This does not include removing or replacing window displays.
This Coverage Extension F.3. does not increase the Limit of Insurance.
G. Definitions 1. "Fungus" means any type or form of fungus, including mold or mildew, and any mycotoxins, spores, scents or by-products produced or released by fungi.
2. "Specified causes of loss" means the following: fire; lightning; explosion; windstorm or hail; smoke; aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire-extinguishing equipment; sinkhole collapse; volcanic action; falling objects; weight of snow, ice or sleet; water damage.
a. Sinkhole collapse means the sudden sinking or collapse of land into underground empty spaces created by the action of water on limestone or dolomite. This cause of loss does not include: (1) The cost of filling sinkholes; or (2) Sinking or collapse of land into manmade underground cavities.
b. Falling objects does not include loss or damage to: (1) Personal property in the open; or (2) The interior of a building or structure, or property inside a building or structure, unless the roof or an outside wall of the building or structure is first damaged by a falling object.
c. Water damage means: (1) Accidental discharge or leakage of water or steam as the direct result of the breaking apart or cracking of a plumbing, heating, air conditioning or other system or appliance (other than a sump system including its related equipment and parts), that is located
ect result of the breaking apart or cracking of a plumbing, heating, air conditioning or other system or appliance (other than a sump system including its related equipment and parts), that is located on the described premises and contains water or steam; and (2) Accidental discharge or leakage of water or waterborne material as the direct result of the breaking apart or cracking of a water or sewer pipe caused by wear and tear, when the pipe is located off the described premises and is connected to or is part of a potable water supply system or sanitary sewer system operated by a public or private utility service provider pursuant to authority granted by the state or governmental subdivision where the described premises are located.
But water damage does not include loss or damage otherwise excluded under the terms of the Water Exclusion. Therefore, for example, there is no coverage under this policy in the situation in which discharge or leakage of water results from the breaking apart or cracking of a pipe which was caused by or related to weatherinduced flooding, even if wear and tear contributed to the breakage or cracking.
As another example, and also in accordance with the terms of the Water Exclusion, there is no coverage for loss or damage caused by or related to weatherinduced flooding which follows or is exacerbated by pipe breakage or cracking attributable to wear and tear.
To the extent that accidental discharge or leakage of water falls within the criteria set forth in c.(1) or c.(2) of this definition of "specified causes of loss," such water is not subject to the provisions of the Water Exclusion which preclude coverage for surface water or water under the surface of the ground.
of this definition of "specified causes of loss," such water is not subject to the provisions of the Water Exclusion which preclude coverage for surface water or water under the surface of the ground.
CP 10 33 10 12 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: COMMERCIAL PROPERTY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ I T CAREFULLY.
THEFT EXCLUSION This endorsement modifies insurance provided under the following: CAUSES OF LOSS - SPECIAL FORM SCHEDULE Premises Number Building Number Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
With respect to the location(s) indicated in the Sc hedule, the following is added to the Exclusions section: We will not pay for loss or damage caused by or res ulting from theft.
But we will pay for: 1. Loss or damage that occurs due to looting at the time and place of a riot or civil commotion; or 2.Building damage caused by the breaking in or exiting of burglars.
And if theft results in a Covered Cause of Loss, we will pay for the loss or damage caused by that Covered Cause of Loss. CPS3157105 ALL ALL cp10331012.fap INSURED UTS-183g (12-16) Page 1 of 2 Includes copyrighted material of ISO Properties, In c., with its permission.
Copyright, ISO Properties, Inc., 2007 ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO. ENDORSEMENT NO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WIND OR HAIL DEDUCTIBLE This endorsement modifies insurance provided under the following: BUILDERS RISK COVERAGE FORM BUILDING AND PERSONAL PROPERTY COVERAGE FORM CONDOMINIUM ASSOCIATION COVERAGE FORM Schedule Deductible
BLE This endorsement modifies insurance provided under the following: BUILDERS RISK COVERAGE FORM BUILDING AND PERSONAL PROPERTY COVERAGE FORM CONDOMINIUM ASSOCIATION COVERAGE FORM Schedule Deductible Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations.
With respect to loss or damage caused by or resulti ng from wind or hail, Item D. Deductible is deleted in its entirety and is replaced by the following: D. Deductible 1. In any one occurrence of loss or damage to covered property by wind or hail (hereinafter referred to as loss), we will first reduce the amount of loss i f required by the Coinsurance Condition or the Agreed Value Optional Coverage. If the adjusted amo unt of loss is less than or equal to the Deductible, we will not pay for that loss. If the adjusted amount of loss exceeds the Deductible, we will the n subtract the Deductible from the adjusted amount of loss, and will pay the resulting amount or the Limit of Insurance, whichever is less.
2. The Wind or Hail Deductible is calculated separatel y for, and applies separately to: a. Each building that sustains loss or damage.
b. Personal property at each building, if there is los s or damage to that personal property, subject to 3.b. below.
c. Personal property in the open.
d. Each separately scheduled item not described in ite ms a.-c.
3. When a Flat Dollar deductible is shown, the followi ng provisions apply in addition to paragraphs 1.
and 2.: a. We will pay only that part of your loss over the de ductible amount.CPS3157105 05/11/2019 PARKWAY VILLAGE HOA 42043 2 5,000 INSURED /
lowi ng provisions apply in addition to paragraphs 1.
and 2.: a. We will pay only that part of your loss over the de ductible amount.CPS3157105 05/11/2019 PARKWAY VILLAGE HOA 42043 2 5,000 INSURED / AUTHORIZED REPRESENTATIVE DATE Includes copyrighted material of ISO Properties, In c., with its permission.
Copyright, ISO Properties, Inc., 2007 UTS-183g (12-16) Page 2 of 2 b. If there is damage to both a building and personal property in that building, one deductible will apply to the building and to the personal property in that building.
4. When a Percentage deductible is shown, the followin g provisions apply in addition to paragraphs 1.
and 2.: a. We will calculate the deductible as follows: In determining the amount, if any, that we will pay for loss or damage, we will deduct an amount equal to the percentage (as shown in the Schedule) of the Limit(s) of Insurance of covered property that has sustained loss or damage, subject to any minimum Deductible shown in the Schedule.
b. If there is damage to both a building and personal property in that building, separate deductibles apply to the building and to the personal pro perty in that building.
/ AUTHORIZED REPRESENTATIVE DATE CFS-98-TX (9-15) Page 1 of 1 ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO. ENDORSEMENT NO.
Includes copyrighted material of ISO Properties, In c., with its permission.
Copyright, ISO Properties, Inc., 2011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LIMITATIONS ON COVERAGE FOR ROOF SURFACING ACTUAL CASH VALUE - TEXAS This endorsement modifies insurance provided under the following:
1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LIMITATIONS ON COVERAGE FOR ROOF SURFACING ACTUAL CASH VALUE - TEXAS This endorsement modifies insurance provided under the following: BUILDING AND PERSONAL PROPERTY COVERAGE FORM CONDOMINIUM ASSOCIATION COVERAGE FORM The following applies with respect to loss or damag e by a Covered Cause of Loss (including wind and hail if covered) to all locations shown in the policy Co mmercial Property Coverage Part Supplemental Declarations: Replacement Cost coverage (if otherwise applicable to such property) does not apply to any roof surfac ing over fifteen (15) years of age. Instead, we will de termine the value of roof surfacing at actual cash value as of the time of loss or damage.
For the purpose of this endorsement, roof surfacing refers to the shingles, tiles, cladding, metal or synthetic sheeting or similar materials covering the roof and includes all materials used in securing the roof s urface and all materials applied to or under the roof surf ace for moisture protection, as well as roof flashi ng.
All other provisions of the policy apply. CPS3157105 05/11/2019 PARKWAY VILLAGE HOA 42043 INSURED IL 01 68 03 12 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 IL 01 68 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ I T CAREFULLY.
TEXAS CHANGES - DUTIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAG E PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PA RT RAILROAD PROTECTIVE LIABILITY COVERAGE PART
AGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAG E PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PA RT RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added to the Duties Condition: We will notify the first Named Insured in writing o f: 1. An initial offer to settle a claim made or "suit" brought against any insured ("insured") under this coverage. The notice will be given not later than the 10th day after the date on which the offer is made. 2.Any settlement of a claim made or "suit" brought against the insured ("insured") under this coverage .
The notice will be given not later than the 30th da y after the date of the settlement.
INSURED ENDORSEMENT NO.
ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
/ AUTHORIZED REPRESENTATIVE DATE UTS-230g-TX (9-94) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PROMPT PAYMENT OF CLAIMS - TEXAS within the time periods specified, the Company must notify the claimant and provide reasons why additional tim e is needed. However, the Company must accept or reject the claim no later than the 45th day after the date the Company notifies a claimant.
If the Company notifies a claimant that they will p ay a claim or part of a claim, the Company will pay the claim no later than the 20th business day after the notice h as been made. If payment of the claim or part of the claim is conditioned on the performance of an act by the claimant , the Company will pay the claim no later than the 20th b usiness day after the date the act is performed.
If the Company rejects the claim, the reason for re jection
mance of an act by the claimant , the Company will pay the claim no later than the 20th b usiness day after the date the act is performed.
If the Company rejects the claim, the reason for re jection must be stated on the notice.The Company will on or before the 30th day after re ceipt of notice of a claim: 1. acknowledge receipt of the claim; 2. commence any investigation of the claim; and 3. request from the claimant all items, statements a nd forms.
The Company shall notify a claimant in writing of t he acceptance or rejection of the claim no later than th e 15th business day after the date the Company receives al l items, statements and forms required by the Company in order to secure final proof of loss. If loss result s from arson, the Company shall notify the claimant within 3 0 days.
If the Company is unable to accept or reject the cl aim CPS3157105 05/11/2019 PARKWAY VILLAGE HOA 42043 INSURED NOTX0178CW (3-16) Scottsdale Insurance Company National Casualty Company Scottsdale Indemnity Company Scottsdale Surplus Lines Insurance Company CLAIM REPORTING INFORMATION Your insurance policy has been placed with a Nation wide ® insurance company.
Our commitment to you is to provide fast, fair clai m service. Promptly reporting an event that could l ead to a claim, as required by your policy, helps us fulfill this commitment to you. Please refer to your polic y for this and all other terms and conditions.
To report a claim, you may contact us 24 hours a da y, 7 days a week, by calling 1-800-423-7675 or via our website at www.nationwideexcessandsurplus.com.
Thank you for your business and as always, we appre ciate the opportunity to serve you.
HOW TO REPORT A CLAIM Call 1-800-423-7675 or visit our website at www.nationwideexcessandsur plus.com.
lus.com.
Thank you for your business and as always, we appre ciate the opportunity to serve you.
HOW TO REPORT A CLAIM Call 1-800-423-7675 or visit our website at www.nationwideexcessandsur plus.com.
In order to expedite this process, please be prepar ed to furnish as much of the following information as possible: Your policy number Date, time and location of the loss/accident Details of the loss/accident Name, address and phone number of any involved part ies If applicable, name of law enforcement agency or fi re department along with the incident number Please refer to your policy for specific claim repo rting requirements.
INSURED NOTX0423CW (2-15) Page 1 of 2
licable, name of law enforcement agency or fi re department along with the incident number Please refer to your policy for specific claim repo rting requirements.
INSURED NOTX0423CW (2-15) Page 1 of 2 POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE TERRORISM RISK INSURANCE ACT Under the Terrorism Risk Insurance Act of 2002, as amended pursuant to the Terrorism Risk Insurance Pr o- gram Reauthorization Act of 2015, effective January 1, 2015 (the "Act"), you have a right to purchase insur- ance coverage for losses arising out of acts of ter rorism, as defined in Section 102(1) of the Act: Th e term "certified acts of terrorism" means any act that is certified by the Secretary of the Treasury - in co nsultation with the Secretary of Homeland Security, and the A ttorney General of the United States - to be an act of ter- rorism; to be a violent act or an act that is dange rous to human life, property, or infrastructure; to have re- sulted in damage within the United States, or outsi de the United States in the case of certain air car riers or vessels or the premises of a United States mission; to have been committed by an individual or individ uals as part of an effort to coerce the civilian populat ion of the United States or to influence the policy or affect the conduct of the United States Government by coer cion. You should know that where coverage is provided by this policy for losses resulting from "certified ac ts of terrorism," such losses may be partially reimbursed by the United States Government under a formula es - tablished by federal law. However, your policy may contain other exclusions which might affect your co ver- age, such as an exclusion for nuclear events. Under the formula, the United States Government agrees t o reimburse eighty-five percent (85%) of covered terr orism losses in calendar year 2015 that exceed the statu- torily established deductible paid by the insurance company providing the coverage. This percentage of United States Government reimbursement decreases by one percent (1%) every calendar year beginning in 2016 until it equals eighty percent (80%) in 2020. The premium charged for this coverage is provided b elow and does not include any charges for the portion of loss that may be covered by the Federal Government under the Act. You should also know that the Act, as amended, cont ains a $100 billion cap that limits United States G ov- ernment reimbursement as well as insurers' liabilit y for losses resulting from "certified acts of terr orism" when the amount of such losses in any one calendar year exceeds $100 billion. If the aggregate insured losses for all insurers exceed $100 billion, your c overage may be reduced. CONDITIONAL TERRORISM COVERAGE The federal Terrorism Risk Insurance Program Reauth orization Act of 2015 is scheduled to terminate at the end of December 31, 2020, unless renewed, exten ded or otherwise continued by the federal gov- ernment. Should you select Terrorism Coverage provi ded under the Act and the Act is terminated Decem- ber 31, 2020, any terrorism coverage as defined by the Act provided in the policy will also terminate.
nt. Should you select Terrorism Coverage provi ded under the Act and the Act is terminated Decem- ber 31, 2020, any terrorism coverage as defined by the Act provided in the policy will also terminate.
notx0423cw0215a.fap INSURED NOTX0423CW (2-15) Page 2 of 2 IN ACCORDANCE WITH THE ACT, YOU MUST CHOOSE TO SELE CT OR REJECT COVERAGE FOR "CERTIFIED ACTS OF TERRORISM" BELOW: The Note below applies for risks in these states: California, Connecticut, Georgia, Hawaii, Illinois , Iowa, Maine, Missouri, New Jersey, New York, North Caroli na, Oregon, Rhode Island, Virginia, Washington, West Virginia, Wisconsin.
NOTE: In these states, a terrorism exclusion makes an ex ception for (and thereby provides coverage for) fire losses resulting from an act of terrorism. The refore, if you reject the offer of terrorism covera ge, that rejection does not apply to fire losses resulting fro m an act of terrorism coverage for such fire losses will be provided in your policy.
If you do not respond to our offer and do not retur n this notice to the Company, you will have no Terr orism Coverage under this policy.
I understand that the federal Terrorism Risk Insuranc e Program Reauthorization Act of 2015 may terminate on December 31, 2020. Should that occur m y coverage for terrorism as defined by the Act will also terminate.
I hereby reject the purchase of certified terrorism coverage.
Policyholder/Applicant's Signature Named Insured/F irm
Policyholder/Applicant's Signature Named Insured/F irm Print Name Policy Number, if available Date X PARKWAY VILLAGE HOA CPS3157105 NOTS0079TX (4-09) REQUIRED NOTICE This insurance contract is with an Insurer not lice nsed to transact insurance in this state and is iss ued and delivered as Surplus Line coverage under the Texas Insurance Statutes. The Texas Department of Insuran ce does not audit the finances or review the solvency of the Surplus Lines Insurer providing this coverag e, and the Insurer is not a member of the Property and Cas ualty Insurance Guaranty Association created under premium. 4.85 INSURED RENEWAL QUOTE Reference: 1459750A 8401 North Central Expressway Suite 1000 Dallas, TX 75225Contact: E-mail: Phone: Fax: DateClara Jones [email protected] (214) 265-4986 April 4, 2019 Commercial Package Policy INSURED: Parkway Village HOA PO BOX 701805 Dallas, TX 75370PRODUCER: Contact: Albertex National, LLC 2433 Elm Valley Dr.
Little Elm, TX 75068 Phone: (214) 842-0681 Fax: (469) 519-8853 DESCRIPTION OF OPERATIONS: CARRIER: Scottsdale Insurance Company A+ EXPIRING POLICY NO.: CPS2801209QUOTE EFFECTIVE DATE: 5/11/2019 TERMS AND CONDITIONS: per the attached ALL OTHER TERMS AND CONDITIONS APPLY PER FORM PREMIUM AND FEES: Policy Premium: $8,281.00 Policy Fee $400.00 Inspection Fee $100.00 Surplus Lines Tax $425.88 Stamping Office Fee $13.17 TRIA Premium: TOTAL: $9,220.05 Commission: 10%
ORM PREMIUM AND FEES: Policy Premium: $8,281.00 Policy Fee $400.00 Inspection Fee $100.00 Surplus Lines Tax $425.88 Stamping Office Fee $13.17 TRIA Premium: TOTAL: $9,220.05 Commission: 10% Note: For all Excess and Surplus Lines policies, this quote is conditional upon receiving a fully completed Diligent Search Affidavit.
Disclosure: This is a quote. The terms and conditions of coverage may not be as broad as requested by Producer. This quote is intended to contain only an outline of the terms and conditions of coverage. We cannot bind coverage until all subjectivities have been performed.
There are no FLAT CANCELLATIONS after binding unless agreed to in writing by the carrier. Except where agreed otherwise in writing, Producer is responsible for filing all state and local surplus lines taxes and fees. All risks are subject to inspection. Producer must notify us in writing of any premium financing. This quote is valid for 30 days, or until the effective date of coverage, whichever is earliest.
AUTHORIZED REPRESENTATIVE Randall G. Goss Chairman/CEO DATE ISSUED: April 4, 2019 Date: 04/02/2019 Quote #: CPS2801209 Page 1 of 7 Commercial Package Quote Proposal To: Attn: From: License #: Underwritten By: Scottsdale Insurance Company A.M. Best rated A+ (Superior), FSC XV Quote Summary Commission: % Minimum Earned: 25% Minimum & Deposit: 100% These terms are valid for 60 days from the date on this letter. Our quotation may differ from the ter ms requested in the submission. Please review the quotation carefu lly.
If the policy is cancelled at the insured's request , including non-payment of premium, there will be a minimum earned
the ter ms requested in the submission. Please review the quotation carefu lly.
If the policy is cancelled at the insured's request , including non-payment of premium, there will be a minimum earned premium retained by us. At the close of each audit period, we will compute the earned premium for tha t period. If the earned premium is greater than the advance premium paid, an audit premium will be due. If a policy or inspection fee is applicable to this policy, the fees are fully ea rned. No flat cancellations.
Applicant: Parkway Village HOA Address: P.O. Box 701805 Dallas TX 75370 Policy Type: Commercial Package Quote Policy Period: 05/11/2019 To: 05/11/2020(12:01 AM Standard Time on both dates at the address of the Named Insured) Quote #: CPS2801209 Renewal Of: Premium Summary Liability: $3,444 Property: $4,837 Other: $ Sub Total Premium: $8,281 Grand Total: $8,281.00 Terrorism: Terrorism coverage can be purchased for an addition al premium of $414 plus applicable taxes and fees.
Signed acceptance/rejection required at binding.
Date: 04/02/2019 Quote #: CPS2801209 Page 2 of 7 Subject to following terms and conditions: Commercial Liability Coverage Limits General Aggregate $2,000,000 Products/Completed Operation Aggregate $2,000,0 00 Personal and Advertising Injury Excluded Each Occurrence $1,000,000 Damage to Premises Rented to You $100,000 Medical Payments $5,000 Deductible Applicable to: BI / PD / PI / AI Non e Liability Rating Classifications and Premium Program Code Description Premium Basis Exposure Prem/Prod Rate Prem/Prod Premium 89 41667 Club House (Including exercise room)* Per 1000 sq ft/Area 3,605 157.50 $568 89 41670 Homeowner Association (single family)* Per dwelling/Each 231 4.50 $1,040
Prem/Prod Rate Prem/Prod Premium 89 41667 Club House (Including exercise room)* Per 1000 sq ft/Area 3,605 157.50 $568 89 41670 Homeowner Association (single family)* Per dwelling/Each 231 4.50 $1,040 89 45524 Lakes - owned (submit over 35 acres)* Per acre/Each 1 36.00 $36 89 46671 Playgrounds* Per playground/Each 2 90.00 $180 89 48925 Swimming & Wading Pools* Per pool/Each 1 6 75.00 $675 89 98751 Security Guards (employedunarmed)* Per guard/Each 3 315.00 $945 * Products/Completed Operations are subject to the General Aggregate limit Additional Insureds: Additional Coverage Coverage Limits Notes Premium Additional Insured (Included) Must select fo rm Included Additional Insured (Included) Must select fo rm Included Additional Insured (Included) Must select fo rm Included Additional Insured (Included) Must select fo rm Included Additional Insured (Included) Must select fo rm Included Additional Insured (Included) Must select fo rm Included Date: 04/02/2019 Quote #: CPS2801209 Page 3 of 7 Commercial Property Coverage Loc # / Bldg # State/Terr Program / ISO Class Code AOP Deduc Wind/Hail Deduc CoIns Cause of Loss 1 / 1 TX/Austin, Dallas & San Antonio (cities) AT 0756 - Clubs without cooking $1,000 2% 5000 80% Special Ex Theft 1 / 2 TX/Austin, Dallas & San Antonio (cities) FT 0756 - Without cooking $1,000 2% 5000 80% Special Ex Theft Loc # / Bldg # Program / ISO Class Code Coverage Valuation Limit Rate Premium 1 / 1 AT 0756 - Clubs without cooking Building RC $625,000 0.65 $4,063 1 / 2 FT 0756 - Without cooking Building RC $60,000 1.04 $624 Additional Coverage Coverage Limits Notes Premium Property Extension* $150 * Premium is not included in the Minimum Premium ca lculation
56 - Without cooking Building RC $60,000 1.04 $624 Additional Coverage Coverage Limits Notes Premium Property Extension* $150 * Premium is not included in the Minimum Premium ca lculation Mortgagee/Loss payee: Forms and Endorsements Common Policy IL 00 17 11-98 COMMON POLICY CONDITIONS IL 00 21 9-08 NUCLEAR ENERGY LIABILITY EXCLUSION EN DORSEMENT IL 09 53 1-15 EXCLUSION OF CERTIFIED ACTS OF TERROR ISM NOTS0065TX 6-15 IMPORTANT NOTICE-TEXAS NOTS0079TX 4-09 TEXAS REQUIRED NOTICE NOTX0178CW 3-16 CLAIM REPORTING NOTX0423CW 2-15 POLICYHOLDER DISCLOSURE NOTICE OF T ERRORISM INSURANCE COVERAGE OPS-D-1 1-17 COMMON POLICY DECLARATIONS UTS-119g 6-14 MINIMUM EARNED CANCELLATION PREMIUM UTS-9g 5-96 SERVICE OF SUIT CLAUSE UTS-COVPG 1-16 COVER PAGE Date: 04/02/2019 Quote #: CPS2801209 Page 4 of 7 UTS-SP-2 12-95 SCHEDULE OF FORMS AND ENDORSEMENTS UTS-SP-3 8-96 SCHEDULE OF LOCATIONS Commercial Liability CG 00 01 4-13 COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 20 02 11-85 ADDITIONAL INSURED - CLUB MEMBERS CG 21 01 11-85 EXCLUSION - ATHLETIC OR SPORTS PARTI CIPANTS CG 21 06 5-14 EXCLUSION - ACCESS OR DISCLOSURE OF C ONFIDENTIAL OR PERSONAL INFORMATION AND DATA-RELATED LIABILITY - WITH LIMITED BODILY IN JURY EXCEPTION CG 21 38 11-85 EXCLUSION-PERSONAL AND ADVERTISING I NJURY CG 21 47 12-07 EMPLOYMENT-RELATED PRACTICES EXCLUSI ON CG 21 67 12-04 FUNGI OR BACTERIA EXCLUSION CG 21 73 1-15 EXCLUSION OF CERTIFIED ACTS OF TERROR ISM CG 24 26 4-13 AMENDMENT OF INSURED CONTRACT DEFINIT ION CLS-SD-1L 8-01 COMMERCIAL GENERAL LIABILITY COVERAG E PART SUPPLEMENTAL DECLARATIONS CLS-SP-1L 10-93 COMMERCIAL GENERAL LIABILITY COVERA GE PART EXTENSION OF SUPPLEMENTAL DECLARATIONS GLS-152s 8-16 AMENDMENT TO OTHER INSURANCE CONDITIO NS GLS-281s 9-07 CONTINUING OR ONGOING DAMAGE EXCLUSIO N
1L 10-93 COMMERCIAL GENERAL LIABILITY COVERA GE PART EXTENSION OF SUPPLEMENTAL DECLARATIONS GLS-152s 8-16 AMENDMENT TO OTHER INSURANCE CONDITIO NS GLS-281s 9-07 CONTINUING OR ONGOING DAMAGE EXCLUSIO N GLS-304s 7-08 CROSS LIABILITY EXCLUSION GLS-30s 1-15 CONTRACTORS SPECIAL CONDITIONS GLS-341s 8-12 HYDRAULIC FRACTURING EXCLUSION GLS-457s 10-14 AIRCRAFT EXCLUSION GLS-47s 10-07 MINIMUM AND ADVANCE PREMIUM ENDORSEME NT GLS-74s 9-05 AMENDMENT OF CONDITIONS IL 01 68 3-12 TEXAS CHANGES-DUTIES UTS-266g 5-98 ASBESTOS EXCLUSION UTS-267g 5-98 LEAD CONTAMINATION EXCLUSION UTS-365s 2-09 AMENDMENT OF NONPAYMENT CANCELLATION CONDITION UTS-428g 11-12 PREMIUM AUDIT ENDORSEMENT UTS-230g-TX 9-94 PROMPT PAYMENT OF CLAIMS GLS-106s 12-13 TOTAL LIQUOR LIABILITY EXCLUSION GLS-44s 9-16 SEXUAL AND/OR PHYSICAL ABUSE LIABILITY COVERAGE FORM GLS-45s 8-04 SEXUAL AND/OR PHYSICAL ABUSE EXCLUSION GLS-130s 2-15 LIMITED PARTICIPANT COVERAGE-SPORTS Commercial Property Date: 04/02/2019 Quote #: CPS2801209 Page 5 of 7 CFS-98-TX 9-15 LIMITATIONS ON COVERAGE FOR ROOF SUR FACING ACTUAL CASH VALUETEXAS CP 00 10 10-12 BUILDING AND PERSONAL PROPERTY COVER AGE FORM CP 00 90 7-88 COMMERCIAL PROPERTY CONDITIONS CP 01 40 7-06 EXCLUSION OF LOSS DUE TO VIRUS OR BAC TERIA CP 02 99 6-07 CANCELLATION CHANGES CPS-SD-1 2-16 COMMERCIAL PROPERTY COVERAGE PART SUP PLEMENTAL DECLARATIONS CFS-20s 10-17 COMMERCIAL PROPERTY EXTENSION CP 10 30 9-17 CAUSES OF LOSS-SPECIAL FORM CP 10 33 10-12 THEFT EXCLUSION UTS-183g 12-16 WIND OR HAIL DEDUCTIBLE Date: 04/02/2019 Quote #: CPS2801209 Page 6 of 7
0s 10-17 COMMERCIAL PROPERTY EXTENSION CP 10 30 9-17 CAUSES OF LOSS-SPECIAL FORM CP 10 33 10-12 THEFT EXCLUSION UTS-183g 12-16 WIND OR HAIL DEDUCTIBLE Date: 04/02/2019 Quote #: CPS2801209 Page 6 of 7 POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE TERRORISM RISK INSURANCE ACT Under the Terrorism Risk Insurance Act of 2002, as amended pursuant to the Terrorism Risk Insurance Pr ogram Reauthorization Act of 2015, effective January 1, 2 015 (the "Act"), you have a right to purchase insur ance coverage for losses arising out of acts of terrorism, as def ined in Section 102(1) of the Act: The term "certif ied acts of terrorism" means any act that is certified by the Secretary of the Treasury-in consultation with the Secretary of Homeland Security-to be an act of terrorism; to be a violent act or an act that is dangerous to human life, pro perty, or infrastructure; to have resulted in damage within t he United States, or outside the United States in t he case of certain air carriers or vessels or the premises of a United States mission; to have been committed by an indiv idual or individuals as part of an effort to coerce the civi lian population of the United States or to influenc e the policy or affect the conduct of the United States Government by coer cion. You should know that where coverage is provided by this policy for losses resulting from "certified ac ts of terrorism," such losses may be partially reimbursed by the Unit ed States Government under a formula established by federal law. However, your policy may contain other exclusions w hich might affect your coverage, such as an exclusi on for nuclear events. Under the formula, the United States Govern ment agrees to reimburse eighty-five percent (85%) of covered terrorism losses in calendar year 2015 that exceed the statutorily established deductible paid by the insurance company providing the coverage. This percentage of United States Government reimbursement decreases by one percent (1%) every calendar year beginning in 2016 until it equals eighty percent (80%) in 2020. The p remium charged for this coverage is provided below and doe s not include any charges for the portion of loss t hat may be covered by the Federal Government under the Act. You should also know that the Act, as amended, cont ains a $100 billion cap that limits United States G overnment reimbursement as well as insurers' liability for lo sses resulting from "certified acts of terrorism" w hen the amount of such losses in any one calendar year exceeds $100 b illion. If the aggregate insured losses for all ins urers exceed $100 billion, your coverage may be reduced. CONDITIONAL TERRORISM COVERAGE The federal Terrorism Risk Insurance Program Reauth orization Act of 2015 is scheduled to terminate at the end of December 31, 2020, unless renewed, extended or othe rwise continued by the federal government. Should y ou select Terrorism Coverage provided under the Act and the A ct is terminated December 31, 2020, any terrorism c overage as defined by the Act provided in the policy will also terminate. NOTX0423CW (2-15) 1 of 2
erminated December 31, 2020, any terrorism c overage as defined by the Act provided in the policy will also terminate. NOTX0423CW (2-15) 1 of 2 Date: 04/02/2019 Quote #: CPS2801209 Page 7 of 7 IN ACCORDANCE WITH THE ACT, YOU MUST CHOOSE TO SELE CT OR REJECT COVERAGE FOR "CERTIFIED ACTS OF TERRORISM" BELOW: The Note below applies for risks in these states: California, Connecticut, Georgia, Hawaii, Illinois, Iowa, Maine, Missouri, New Jersey, New York, North Carolina, Ore gon, Rhode Island, Virginia, Washington, West Virgi nia, Wisconsin.
NOTE: In these states, a terrorism exclusion makes an exc eption for (and thereby provides coverage for) fire losses resulting from an act of terrorism. Therefore, if y ou reject the offer of terrorism coverage, that rej ection does not apply to fire losses resulting from an act of terrorism c overage for such fire losses will be provided in yo ur policy.
If you do not respond to our offer and do not retur n this notice to the Company, you will have no Terr orism Coverage under this policy.
I hereby elect to purchase certified terrorism cove rage for a premium of $414. I understand that the f ederal Terrorism Risk Insurance Program Reauthorization Ac t of 2015 may terminate on December 31, 2020.
Should that occur my coverage for terrorism as defi ned by the Act will also terminate.
I hereby reject the purchase of certified terrorism coverage.
Policyholder/Applicant's Signature Named Insured/ Firm Print Name Policy Number, if available Date
older/Applicant's Signature Named Insured/ Firm Print Name Policy Number, if available Date NOTX0423CW (2-15)) 2 of 2