HomeMy WebLinkAboutCertificate of Insurance 07.05.2018353004
AC"R" CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIDD/YYYY)
7/5/2018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed,
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
855-491-0974
USI Insurance Services National, Inc.
8331 Norman Center Dr, Ste 5110
Bloomington, MN, 55437
CONTACT Samuel Vazquez
PHONE602-666-4833 FAX 610-537-2283
AIC No.
o E.11: A/C No
ADDRESS; Samuel.VaZCIUeZ@USI.COm
INSURER(S)AFFORDING COVERAGE NAIC#
INSURERA; Sentinel Insurance Co. Ltd 11000
INSURED
Matrix Consulting Group, Ltd
201 San Antonio Cir Suite 148
INSURERS: Sentinel Insurance Company Ltd. 11000
INSURERC: Twin City Fire Insurance Company 29459
INSURER D; Philadelphia Insurance Company 23850
INSURER E:
Mountain View, CA 94040-1254
INSURER F:
COVERAGES CERTIFICATE NUMBER: 13275315 REVISION NIIMRFR- Sad halnw
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
I SD
SUBR
WVD
POLICY NUMBER
POLICY EFF
MM/DD/YYYY
POLICY EXP
MMIDDIYYYY
LIMITS
A
X COMMERCIAL GENERAL LIABILITY
X
CLAIMS -MADE OCCUR
41SBAR00849
$/$/2017
$/$/2018
EACH OCCURRENCE $ 2,000,000
DAMAGE TO RENTED
PREMISES Ea occurrence $ 1,000,000
MED EXP (Any one person) $ 10,000
PERSONAL & ADV INJURY $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRO -
POLICY JECT LOC
GENERAL AGGREGATE $ 4,000,000
PRODUCTS -COMP/OP AGG $ 4,000,000
$
OTHER:
A
AUTOMOBILE
LIABILITY
41 SBAR00849
8/8/2017
8/8/2018Ea
13I deDISINGLE LIMIT $ 2,000,000
ANY AUTO
BODILY INJURY (Per person) $
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY Per accident $
( )
X
HIREDX NON -OWNED
AUTOS ONLY AUTOS ONLY
PROPERTY DAMAGE $
Per accident
$
B
UMBRELLA LIAB
X
OCCUR
41 SBAR00849
8/8/2017
8/8/2018
EACH OCCURRENCE $ $1,000,000
EXCESS LIAB
CLAIMS -MADE
AGGREGATE $1,000,000
DED I I RETENTION $
_$_
$
WORKERS COMPC' AND EMPLO ERSELIABILOI Y YIN
ANYPROPRIETOR/PARTNER/EXECUTIVE1,000,000
OFFICER/MEMBEREXCLUDED7
N/A
41WECIB1510
8/8/2017
8/8/2018
X STATUTE EPER R"
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $ 1,000,000
(Mandatory In NH)
If describe under
E.L. DISEASE - POLICY LIMIT $ 1,000,000
as,
DESCRIPTION OF OPERATIONS below
C
Prof Liability
59PGO297372
08/08/2017
08/08/2018
$1,000,000/$3,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
SS0008-0405 Certificate holder is named as additional insured as it relates to general & auto liability & waiver of subrogation is granted as it relates to
general and auto liability and workers comp in accordance with the terms and conditions of the policies. Umbrella follows form as it relates to additional
insureds. The above coverage is primary and noncontributory where required by written contract.
1 L
Town of Los Altos Hills SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
26379 Fremont RD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Los Altos Hills, CA 94022
AUTHORIZED REPRESENTATIVES
I ne AL uKu name ana logo are registered marks of AGORU (01988-2015 ACORD CORPORATION. All rights reserved.
ACORD ,,,2o,6/o„ 1111111 EII 1111111111111111111111mII 111111111 n...._...,...
Client Code: 353004 SID: 13275315
11III 1111111111111111 111l 1[l IEl 1l1 1E1 111111 ll11 11 ..a...,.,,..
POLICY #41SBARO0849
Form SS 00 08 04 05
(D 2000, The Hartford
Ill III IlIll $I IIIII mI Ill IIIII IIIII 111I IIIiI 1EI IPI IIIII IliI 1111111 lil.._.....
QUICK REF ERENCE
BUSINESS LIABILITY COVERAGE FORM
READ YOUR POLICY CAREFULLY
BUSINESS LIABILITY COVERAGE FORM
A. COVERAGE$
Business I -lability
Medical Expenses
Coverage Extension - Supplementary Payments
B. EXCLUSIONS
C. WHO IS AN INSURED
0. LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE
E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITION—E
1. Bankruptcy
2Duties In The Event Of Occurrence, Offense, Claim Or Suit
3. Financial Responsibility Laws
4. Legal Action Against Us
5, Separation Of Insureds
6. Representations
7. Other Insurance
8. Transfer Of Rights Of Recovery Against Others To Us
F. OPTIONAL ADDITIONAL INSURED COVERAGES
Additional Insureds
G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS
Form SS 00 08 04 06
Beginning on Page
3
10
14
20
iniuiuuFuuiii11iiiuuuiiaiuuiunuiiiuiuiiuiuuiiuiuuii -CYB02BOSIO00003105/29/0/010/0*
I
Various provisions in this policy restrict coverage, Read the entire policy carefully to determine rights, duties and what
Is and Is not covered,
Throughout this policy the words "you" and, "your" refer to the Narried Insured shown In the Declarations. The words
"we" "us" and "oor" refer to the stock insurance company member of The Hartford providing this insurance.
The word "insured" means any person or organization qualifying as. such Linder Section C. - Who Is An Insured.
Other wordsr and phrases that appear In quotation marks have special meaning. Refer to Section G. - Liability Arid
Medical Expenses Definitions.
A. COVERAGE
(a) The "bodily injury" or "property
1, BUSINESS LIABILITY COVERAGE (SG' DILY
damage" is caused by an
INJURY, PROPERTY DAMAGE, PERSONAL
occurrence" that takes place in the
AND ADVERTISING INJURY)
"coverage territory";
Insuring Agreement
(b) The "bodily Injury" or -property
a. We will pay those surns that the insured
damage' occurs during tilpolicy
e
period; and
becomes legally obligated to pay as
"bodily
(c) Prior to the policy period, no insured
damages because of injury",
"property "personal
listed tinder Paragraph ll, of Section
damage" or and
C. — Who Is An Inand no
advertising injury" to which this Insurance
"employee" authorized by you to give
applies. We will have the right. arid duty to
or receive notlee of an "occurrence"
defend the insured against,, any "suit'
or claim, know that the "bodily injury"
seekin.9 those dan.iages, However, we will
or "property damage" had occurred,
have no duty to defend the Insured against
"suit"
in whole or In part, If such a listed
any seeking damages for "bodily
"property "personal
insured or authorized "employed'
in,jury", damage" or and
knew, prior to the policy period, that
advertising injury" to which this insurance
tile "bodily injury" or "property
does not apply,
damage!' occurred, then any
We may, at our, discretion, investigate any
continuation, change or resumption
"occurrence" or offense and settle any claim
of such "bodily injury" or "property
or "suit" that may result, But
damage!' during or after the policy
(1) The amount we will pay for damages is
period will be deemed to have been
limited as described in Section 0. �
known prior to the policy period,
Liability And Medical Expenses Limits
(2) To "personal and advertising injury"
Of Insurance; and
caused by an offense arising out of your
(2) Our right and duty to defend ends when,
business, but only if the offensewas
we have used up the applicable limit of
committed in the "coverage territory" Itory"
Insurance in the payment of judgments,
during the policy period,
settlements or medical expenses to which
c. "Bodily injLffy" or "property darnage" will be
this Insurance applies,
deemed to have been known to have
No other obligation or liability to pay suras or
occurred at the earliest time when any
perform acts or services is covered unless
insured listed under Paragraph 1. of Section
explicitly provided for under Coverage
C, — Who Is An Insured or ally "employee*'
Extension - Supplementary Payments.
authorized by you to give or receive notice
b. This insurance applies.
of an '*occurrence" or claim:
(1) To "bodily injury" and. "property
(1) Reports all, or any part., of the "bodily
"property
damage!' only if:
Injury" or damage" to us or
any other insurer;
Form SS 00 08 04 06 Page I cat'. 4
C) 2005, The Hartford
uiiiuuuuiuuiimi1uiiiuiiiuiiu;muui1iiumuiuwuiiuu -CYB02BO5/000003/06129/0/0/0/0*
BUSINESS LIABILITY CCV ERA. FORM
(2) Deceives a written or verbal demand or b. We will make these payments regardless of
claire for damages because of the "bodily fault. These payments will not exceed the
Injury" or "propc;rty damage"; or applicable limit of insurance. We will pay
(3) Becomes aware by any other means that reasonable expenses for:
"bodily injury" or "property damage" has (9) First aid administered at the ti€ne of an
occurred or has begun to occur. accident;
d. Damages because of "bodily Injury" Include () Necessary medical, surgical, x-ray and
damage, claimed by any person or dental services, including prothetic
organization for care, loss of services or devices; and
death resulting at any time from the "bodily (3) Necessary ambulance, hospital,
injury, professional nursing and funeral
e, Incidental Medical Malpractice services.
(1) "Bodily injury" arising out of the
rendering of or failure to render
professional health care services as a
physician, dentist, nurse, emergency
medical technician or paramedic shall
be deemed to be caused by an
"occurrence", but. only if,
(a) The physician, dentist, nurse.,.
emergency medical technician or
paramedic is employed by you to
provide such services; and.
(b) You are not engaged in the
business or occupation of providing
such services.
() For the purpose of determining the
limits of insurance for incidental medical
.malpractice, any act or omission
together with all related acts or
omissions In the furnishing of these
services to any one person will be
considered one "occurrence".
2, MEDICAL EXPENSES
Insuring Agreement
a.. We will pay medical expenses as described
below for "bodily injury" caused by an
accident:
(1) On pre.rnises you own or rent;
(2) On ways next to premises you own or
rent;. or
(3) Because of your operations;
provided that:
(1) The accident tapes place in the
"coverage territory" and during the
policy period;
(2) The expenses are incurred, and reported
to us within three years of the date of
the accident; and
(3) The injured person submits to
examination, at our expense, by
physicians of our choice as often as we
reasonably require.
Page 2 of 24
w. COVERAGE EXTENSION W.
SUPPLEMENTARY PAYMENTS
a. We will pay, with respect to any clairn or
„suit' we investigator or settle, or any ".suit"
against an insured we defend.
(i) All expenses we incur,
(2) Up to $1,000 for the cost of bail bonds
rewired because of accidents or traffic
law violations arising out of the use of
any vehicle to which Business Liability
Coverage for "bodily injury" applies.. We
do not have to furnish these bonds.
(3) The cost of appeal bonds or brands to
release attachments, but only for band
arnounts within the. applicable limit of
Insurance:. We do not have to furnish
these brands.
(4) All reasonable expenses incurred by the
insured at aur request to assist us in the
investigation or defense of the claim€ or
"suit", Including actual bass of earnings
tip to $500 a day because of time Gaff
from work.
(5) All costs taxed against the insured in
the "suit'.
(6) Prejudgment interest awarded against
the Insured on that part of the judgment
we pay. If we rnake an offer to pay the
applicable limit of insurance, we will not
pay any prejudgment interest based on
that period of tirne after the offer.
(7) 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,
Any amounts paid under (h) through? (7)
above will not reduce the limits of insurance.
Form SS 00 08 04 06
1111 11u11u11111111111 P11 1u 11u 11u11ii 11111 u11 111111111 .._._....,...
Form SS 00 08 04 06 Page 3 of 24
* OYB02B06/000003108/29/010/010*
BUSINESS LIABILITY COVERAGE FORM
Ea. if we defend, an insured against a "suit"
So long as the above conditions are met,
and an indemnitee of the Insured Is also
attorneys' fees Incurred by us in the
named 35 a party to the "suit", we, will
defense of that indemnitee, necessary
defend that indemnitee if all of the
litigation expenses incurred by us and
following conditions are rnet;
necessary litigation expenses Incurred
(1) The "suit" against the indemnitee
by the indemnitee at our request will be
seeks damages for which the Insured
paid as Supplementary Payments,
has assumed the liability of the
Notwithstanding the provisions of
Indemnitee In a contract or agreement
Paragraph of Section B. —
that is an "insured contract",,
Exclusions, such payments will riot be
(2) This insurance applies to such liability
deemed to be damages for "bodily
assumed by the insured;
injury" and "property damage" and will
(3) The obligation to defend, or the cost of
not reduce the Lit -nits of Insurance,
the defense of, that indemnitee, has
Our obligation to defend all insureWs
also been assumed by the Insured in
Indemnitee and to pay for attorneys' fees
the same "Insured contracV;
and necessary litigation expenses as
(4) The allegations in the "suit" and the
Supplementary Payments ends when-,
information we know about the
(1) We have used up the applicable lirnit
"occurrence" are such that no conflict
of insurance in the payment of
appears to exist between the interests
judgments or settlements: or
of the insured and the Interest of the
(2) The conditions set forth above, or the
indemnitee-,
terms of the agreement described In
(6) The indemnitee and the insured ask
Paragraph (6) above, are no longer met,
us to conduct and control the defense
B. EXCLUSIONS
of that indemnifee against such "suit"
1. Applicable To Business Liability Coverage
and agree that we can assign the
same counsel to defend the insured
This Insurance does not apply to:
and the indemnite% and
a, Expected Or Intended Injury
(6) The indemnitee:
(11) "Bodily injury., or "property damage"
(a) Agrees in writing to:
expected or intended from the
(I) Cooperate with us in the
standpoint of the insured. This
Investigation, settlement or
exclusion does not apply to "bodily
"property
defense of the "suit!%
injury" or damage" resulting
from the use of reasonable force to
(11) immediately send us copies of
protect persons or property; or
any demands, notices,
(2)1 "Personal and advertising. injury" arising
Summonses or legal papers
out of an offense committed by, at the
received in connection with
direction of or with the consent or
the "suit":
acquiescence of the insured with the
(lil) Notify any other insurer whose
expectation of inflicting "personal and
coverage is available to the
advertising injury".
indemnitee; and
b.. Contractual Liability
(iv) Cooperate with us with
respect to coordinating other
(1) "Bodily Injury" or "property damage!" or
I
applicable insurance available
(2) "Personal and advertising injury"
to the Indemnitee; and
for which the Insured Is obligated to pay
(b) Provides us with written
damages by reason of the assumption of
authorization to:
liability In a contract or agreement,
(I) Obtain records and other
This exclusion does not apply to liability
Information related to the
for dram ages because of:
"sult"; and
(a) "Bodily injury", "property damage" or
(11) Conduct and. control the
"personal and advertising injury" that
defense of the indemnitee in
the Insured would have in the
such
absence of the contract or
agreement; or
Form SS 00 08 04 06 Page 3 of 24
* OYB02B06/000003108/29/010/010*
BU$INE$$ LIABILITY COVERAGE FORM
(b) "Bodily Injury" or "property damage"
assumed in a contract or agreement
that is an "insured contract",
provided the "bodily injury" or
"property damagw, occurs
subsequent to the execution of the
contract or agreement. Solely for
the purpose of liability assumed in
an "Insured contract", reasonable
attorneys' fees and neoessary
litigation expenses. incurred by or for
a party other than an Insured are
cleerned to be damages because of
"bodily Injury" or "property damage"
provided:
(1) Liability: to such party for, or for
the cost, of, that party's defense
has also been assumed In the
same "Insured contract,", and,
(if) 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 only If you are in the
business of manufacturing, distributing,
selling, serving or furnishing alcoholic
beverages.
d. Workers' Con-%pensation And Similar
Laws
Any obligation of the insured under a
workers' compensation, disability benefits
or unemployment compensation law or
any similar law.
o. 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
Page 4 of 24
(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 (1) above,
This exclusion applies:
(1) Whether the, Insured may be liable as
an employer or in any other capacity;
end
(2) To any obligation to share damages
with or repay someone else who rnust
pay damages becaut5e of the injury.
This exclusion does riot apply to liability
assumed by the insured under an "insured
contract'.
f. Pollution
(1) "Bodily injury", "property damage" or
.'personal and advertising injury"
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
riot 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;
(1i) "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
promises, 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
then that additional Insured; or
Form SS 00 08 04 05
1111111111 1E 111111 1I 11111 P11 11111 IEi 1111l 1P1 111111111111111111 -CYB02BO5/000003/09/2910/01010*
BUSINESS LIABILITY COVERAGE FORM
(III) "Bodily Injury" or "property
released as part of the
damage" arising out of heat,
operations being performed
smoke or fumes. from a
by such Insured, contractor or
"hostile fire";
subcontractor;
(b) At. or from any premises, site or
(11) "Bodily injury" or "property
location which Is or was at. any
damage` sustained within a
time used by or for any Insured or
building and caused by the
others for the handling, storage,
release of gases, fumes or
disposal, processing or treatment
vapors from materials brought
of waste,,
into that building in connection
(c) Which are or were at, any time
with operations being performed
transported, handled, stored,
by you or on your behalf by a
treated, disposed of, or processed
contractor or subcontractor; or
as waste by or for;
(111) "Bodily injury" or "property
(1) Any Insured; or
damage" arising out of heat,
(11) Any person or organization for
smoke or fumes from a
"hostile
whore you may be legally
fire", or
responsible;
(e) At or from any Premises, site or
(d) At or from any premises, site or
location on which any insured or any
location on which any Insured or
contractors . or subcontractors
any contractors or subcontractors
working directly or indirectly on any
working directly or indirectly on
insured's behalf are performing
any Insured's behalf are
operations If the operations are to
performing operations it the
test for, monitor, clean up, remove,
!'Pollutants" are brought on or, to
contain, treat, detoxify or neutralize,
as
the premises, site or location in
or in any way respond to. or
connection with such operations
the effects of, "pollutants".
by such insured, contractor or
(2) Any loss, cost or expense arising out
subcontractor. However, this
of any:
subparagraph does not apply to:
(a) Request, demand, order or statutory
(1) "Bodily injury" or "property
or regulatory requirement that any
damage" arising out of the
insureW or others test for, monitor,
escape of fuels, lubricants or
clean up, remove, contain, treat,
other operating fluids which are
detoxify or neutralize, or in any way
needed to perform the normal
respond to, or assess. the effects of,
electrical, hydraulic or
„pollutants"; or
mechanical functions
(b) Claim or suit by or on behalf of a
necessary for the operation of
governmental authority for
"mobile equipment" or Its parts,
damages; because of testing for,
if such fuels, lubricants or other
monitoring, cleaning up, removing,
operating fluids escape from a
containing, treating, det.oxifyinq or
vehicle part designee to hold,
neutralizing, or In any way
store, tar.receive them. This
responding to, or assessing the
except on does not apply It the
effects of, "pollutants".
"bodily Injury*' or "property
However, this paragraph does not
damage" arises out of the
apply to liability for damages because
Intentional discharge, dispersal
of "property damage" that the insured
or release of the fuels,
Would have, In the absence, of such
lubricants or other operating
request, demand, order or statutory or
fluids, or it such fuels,
regulatory requirement, or such claim
lubricants or other operating
or "suit" by or on behalf of a
fluids are brought on or to the
governmental authority,
premises, site or location with
the intent that they be
discharged, dispersed or
Form SS 00 08 04 06 Page 5 of 24
uoiuuuuiuuiiiuiuimmuuiiuiiuiiuuiuiiiiuuiiuiusi -CYB02BO510000031i 0129/0/0/010*
BUSINESS LIABILITY COVERAGE FORM
A I rc. raft, Auto Or Watercraft
(2) The use of "mobile equipment" in, or
"Bodily Injury" or "property damage" arising
while In practice or preparation for, a
out of the ownership, maintenance, use or
prearranged racing, speed or
entrustment to others of any aircraft, "auto"
demolition contest or In any stunting
or watercraft owned or operated by or rented
activity
or loaned to any Insurad. Use includes.
F. War
operation and "loading or unloading".
"Bodily Injury", "property damage" or
This exclusion applies even if the claims
"personal and advertising injury", however
against any insured allege negligence or
caused, arising, direally or Indirectly, out of-,
other wrongdoing In the supervision, hiring,
(1) War, Including undeclared or civil war;
employment, training or monitoring of others
by that Insured, If the "occurrence" which
(2) Warlike action by a military force,
caused the "bodily Injury" or '*property
including action in hindering or
damage' involved. the ownership,
defending against an actual or
maintenance, use or entrustment: to others of
expected attack, by any government,
any aircraft, "auto" or watercraft that is
sovereign or other authority using
owned or operated by or rented or loaned to
military personnel or other agents; or
any insured,
(3) Insurrection, rebellion. revolution,
This exclusion. does not apply to:
usurped power, or action taken. by
(1) A watercraft while ashore on premises
governmental authority in hindering ordefending against any of these�
you own or rent;
Professional Services
(2) A watercraft you do not own that is:
"Bodily Injury", "property damage" or
(a) Less than 6'i feet long: and
.,personal and advertising injury" arising
(b) Not being used to carry persons
cut of the rendering of or failure to render
for a charge;
any professional service. This includes
(3) Parking an "auto" on, or on the ways,
but is not limited to:
next. to, premises you own or rent,
(1) Legal, accounting or advertising
provided the. "auto" is not owned I.:>y or
services;
rented or loaned to you or the insured;
(2) Preparing, approving, or failing to
(4) Liability assumed under any "insured
prepare or approve rnaps, shop
contract" for the ownership,
drawings, opinions, reports, surveys,
rnaintenance or use of aircraft or
field orders, change orders, designs or
watercraft.;
drawings and specifications,,
(6) "Bodily injury" or "property damage"
(3) Supervisory, inspection, architectural
arising out of the operation of any of
or engineering activities;
the equipment listed in Paragraph f.(2)
(4) Medical, surgical, dental, x-ray or
or f,(3) of the definition of "mobile
nursing services treatment, advice or
equipment'; or
instruction;
(6) An aircraft that. is riot. owned by any
(5) Any health or therapeutic service
insured. and Is hired, chartered or loaned
treatment, advice or instruction;
with a paid crew. However, this
exception does riot apply If the insured
(6) Any service, treatment, advice or
has any other insurance for such "bodily
instruction for the purpose of
injury" or "property damage!', whether
appearance or skin enhancement, hair
the other insurance is primary, excess,
removal or replacement or personal
contingent or on any other basis.
grooming;
h. Mobile Equipment
(7) Optical or hearing aid services
including the prescribing, preparation,
"Bodily injury" or "property damage"
fitting, demonstration or distribution of
arising Out. Of:
ophthalmic !'~ruses and similar
(I) The transportation of "mobile equipment'
products or hearing aid devices;
by an. "auto" owned or operated by or
rented or loaned to any insured; or
Page 6 of 24 Form SS 00 08 04 05
TYB02B05100000311 1120/0/010/0*
BUSINE$S LIABILITY COVERAGE FORM
(8) Optometry or, optometric. services
Paragraphs (1)t (3) and, (4) of this
including but not limited to examination
exclusion do not apply to `Property
of the eyes and the prescribing,
damage" (other than damage by fire) to
preparation, fitting,demonstration or
premises, Including the contents of sucl-i
distribution of ophthaimic lenses and.
premises, rented to you for a period of 7 or
similar products,*
fewer consecutive days. A separate Limit
(9) Any,,
of Insurance applies to Damage To
(a) Body piercing (not Including ear
Premises Rented To You as described In
piercing);
Section 0. - Limits Of Insurance.
(b) Tattooing, Including but not limited
Paragraph (2) of this exclusion does not
to the insertion of pigments Into or
apply if the premise-, are "your work" and
under the skin; and
were never occupied, rented or held for
rental by you.
(c) Similar services;
Paragraphs (3) and (4) of this exclusion do
(10) Services in the practice of pharmacy;
not apply to the use of elevators,
and
Paragraphs (3), (4), (6) and (6) of this
(11) Computer consulting, design or
exclusion do not apply to liability assumed
programming services, Including web
under a sidetrack agreement,
site design.
Paragraphs (3) and (4) of this exclusion do
Paragraphs (4) and (5) of this exclusion do
not apply to "property damage" to
not. apply to the Incidental. Medical
borrowed equipment while not being used
Malpractice coverage afforded under
to perform operations at a job site..
Paragraph 1.e. in Section A.. Coverages.
Paragraph (6) of this exclusion does not
k. Damage To Property
apply to "property darnage" included in the
"Property damage" to:
"prod ucts-aornpleted operations hazard".
(1) Property you own, rent or occupy,
1. Damage To Your Product
Including any costs or expenses
"Property damage" to "your product'
Incurred by you, or any other person,
arising out of it or any part of it,
organization or entity, for repair,
m. Damage To Your Work
replacement, enhancement,.
restoration or rnaintenance of such
"Property darnage" to "your work" arising
property for any reason, including
out of it or any part of it and included in the
prevention of injury to a person or
',products -completed operations hazard".
darnage to another's: property;
This exclusion does not apply if the
(2) Premises you sell, give away or
damaged work or the work out of which
abandon, if the "property darnage" arises
the darnage arises was performed on your
out: of any part of those premises,
behalf by a subcontractor,
(3) Property loaned. to you;
m Damage To Impaired property or
(4) Personal property in the care, custody
Property Not Physically Injured
or control of the insured;
"Property damage" to "Impaired prop""
(6) That particular part of real property on
or property that has not been physically
which you or any contractors or
injured, arising out of,
subcontractors working directly or
(1) A defect, deficiency, inadequacy or
indirectly on your behalf are performing
dangerous condition in "your product'
operations, if the "property damage."
or "Your work"; or
arises out of, those operations*, or
(2) A delay or failure by you or anyone
(0) That. particular part of any property
acting on your behalf to perform a
that must be restored, repaired or
contract or agreement in accordance
replaced because "your work" was
with its terms,
Incorrectly performed on It.
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,
Form SS 00 08 04 05 Page 7 of 24
BUSINESS LIABILITY COVERAGE FORM
a. 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
Ord isposal 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,
p. Personal And Advertising injury
"Personal and advertising injury'":.
(1) Arising out of oral, written or electronic
publication of material, if done by or at
the direction of. the Insured with
knowledge of Its fatsity ;
(2) Arising out of oral, written or electronic
publication of material whose first,
publication took place before the
beginning of the policy period;
(3) Arising out of a criminal art committed
by or at the direction of the, Insured.,
(41 Arising out of any breach of contract,
except an Implied contract to use
another's ",advertising idea" in your
"advertisement";
(6) Arising out of the failure of goods,
products or services to conform with
any statement of quality or
performance made in your
"advertisement";
(6) Arising out of the wrong description of
the price of good,, products or services;
(7) Arising out of any violation of any
intellectual property rights such as
copyright, patent, trademark., trade
name, trade secret, service mark. or
other designation of origin or
authenticity,
However, this exclusion does not
apply to infringement, in your
"advertisement', of
(a) Copyright;:
(b) Slogan, unless the slogan Is also
a trademark, trade name, service
mark or other designation of origin
or authenticity; or
Page 8 of 24
(c) Title of any literary or artistic work;
(8) Arising out of an offense committed by
an insured whose business Is:
(a) Advertising, broadcasting,
publishing or telecasting,
(b) Designing or determining content
of Web sites For others; or
(c) An Internet search, access,
content or service provider.
However, this exclusion does not
apply to Paragraphs a., b. and c.
under the definition of "personal and
advertising Injury" in Section G. —
Liability And Medical Expenses
Definitions.
For the purposes of this explosion,
placing an "advertisement" for or
linking to others on your web site, by
itself, is not considered the business
of advertising, broadcasting,
publishing or telecasting:
(9) Arising out of an electronic chat room
or bulletin board the insured hosts,
owns, or over which the insured
exercises control;
(10) Arising out of the unauthorized use of
another's name or product in your e-mail
address, domain name or metatags, or
any other similar tactics to mislead
another's potential customers;
(11) Arising out of the violation of a
person's right of privacy created by
any state or federal. act.
However, this exclusion does riot
apply to liability for damages that the
insured would have in the absence of
Such state or federal act;
(1 2) Arising out of
(a) An "advertiserneriV for others on
your web site;
(b) Placing a link to a web site of
others on your web site;
(C) Content from a web site of others
displayed within a frame or border
on your web site. Content includes
information, ccda, rounds, text,
graphics or Images; or
(dComputer code, software or
programming used to enable:
(1) Your web site; or
(11) The presentation or functionality
of an "advertisement' or other
content on your web site;
Form SS 00 08 04 05
iiumiiuuuuuiuuuiiuuiiuiiuiuoiuiiuiiiuiiiuuii _._..,.,..
(13) Arising out of a violation of any anti-
trust law;
(14) Arising out of: the fluctuation In price or
value of any stocks, bonds or other
securities; or
(16) Arising out of discrimination or
humiliation committed by or at the:
direction of any "executive officer',
director, stockholder, partner or
member of the Insured.
q, 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",
r, Emplc>yment-Related Practices
"Bodily Injury" or "personal and advertising
injury'" I Ury" W:
(1) Aperson arising taut afany:
(a) Refusal to employ that person.;
(b) Termination of that person's
employment;- or
(c) Employment-related practices,
policies, acts or ornissions, such as
coercion, demotion, evaluation,
reassignment, discipline,
defamation, haressrrient, humiliation
or discrimination directed at that
person; or
(2) The spouse, child, parent, larother or
sister of that person as a
consequence of "bodily injury" or
,.personal and advertising injury" to the
person a t whom any of the
employment-related practices
described in Paragraphs (a), (b), or (c)
above is directed.
This exclusion applies.:
('i) Whether the insured may Lie liable as
an employer or in any other capacity;
and,
(2) To any obligation to share damages
with or repay someone else who must
pay damages because of the injury.
s, Asbestos
(1) "Bodily injury", "property damage" or
""personal and advertising injury"
arising out of the "asbestos hazard'".
(2) Any damages, Judgments, settlements,
toss, costs or expenses that
Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(a) May be awarded or incurred by
reason of any claim or suit
alleging actual or threatened Injury
or damage of any nature or kind to
persons or property which would
not have occurred in whole or In
part but for the "asbestos hazard";
(b) Arise out of any request, demand,
order or statutory or regulatory
requirement that any insured or
others test for, monitor, clean LIP,
remove, encapsulate, contain,
treat, detoxify or neutralize or In
any way respond to or assess the
effects of an "asbestos hazard": or
(o) Arise out of any claim or suit for
damages because of testing for,
monitoring, cleaning up, removing,
encapsulating, containing, treating,
detoxifying or neutralizing or In any
way responding to or assessing the
effects of an "asbestos hazard".
t. Violation Of Statutes That Govern E -
Malls, Fax, Phone Calls Or Other
Methods Of Sending Material Or
Information
"Bodily injury", "property darnage", or
"personal and advertising Injury" arising
directly or indirectly out of any action or
ornission that violates or Is alleged to
violate'
(t) The Telephone Consurner Protection
Act (TCPA), including any amendment
of Or addition to Such law;
(2) The CAN -SPAM Act of 2003, including
any arnencirrient of or addition to :such
law; or
(3) Any statute, ordinance or regulation,
other than the TCPA or (,'AN -SPAM Act
of 2003, that prohibits or limits the
sending, transmitting, communicating or
distribution of material or information.
Darri age To Promises Rented. To You —
Exception For Damage By Fire, Lightning
or Explosion
Exclusions c. through h. and k, through o. do
not apply to darnage by fire, lightning or
explosion to premises rented to you or
temporarily occupied by you with permission of
the owner. A separate Lit -nit of Insurance
applies to this coverage cis described In
Section D. - Liability And Medical Expenses
Limits Of Insurance.
Page 9 of 24
11111 1I1 1I 1111111 1E 11111 111II 11I 1111I 1I1 1111I 11111 11I 11 IN w.........._
BUSINESS LIABILITY COVERAGE FORM
2. Applicable To Medical Expenses Coverage
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.
a. Injury On Normally Occupied Premises
To a person injured on that part of
premises you own or rent that the person
normally scruples:.
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 low.
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 with the "products-cornpleted
operations hazard'%
9. Business Liability Excluelions
Excluded under Business Liability Coverage.
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.
Page 10 of 24
0. A trust, you are an insured. Your trustees
are, also Insureds, but only with respect to
their duties as trustees.
2. Each of the following Is also an insured:
a. E-7 mployees And Volunteer" Workers
Your "volunteer workers" only while
performing duties related to the conduct of
your business, or your "employees", other
than either Your "executive Officers" (it YOU
are an organization other than a
partnership, joint venture or limited liability
company) or your managers (if you are a
limited liability cornpany), 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), or 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;
(bTo the spouse, child, parent,
brother or sister of that co -
"employee" or that "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 Paragraphs. (1)(a) or
(b) above-, or,
(d) Arising out of his or her providing
or falling to provide professional
health care services.
If you are not in the business of
providing professional health care
services, Paragraph (d) does not apply
to any nurse, emergency medical
technician or paramedic employed by
you to provide a Lich services,
(2) "Property damage" to property:
(a) Owned, Occupied Or used by,
Form SS 00 08 04 05
IIIHIIIIIIVEI@II ....._.,.,910/0..
BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or
b. Coverage under this provision does not
control of, or over which physical
apply to:
control 15 being exercised for any
(1) "Bodily injury" or "property damage"
purpose by you, any of your
that occurred; or
11 employees", "volunteer workers",
any partner or member: (if you are
(2) "Personal and advertsing injury,,
a partnership or joint venture), or
arising out of an offense committed
any member (if you are a limited
before you acquired or formed the
liability company).
organization.
b. Real Estate Manager
4. Operator Of Mobile Equipment
Any person (other than your "employee" or
VAth respect to "mobilo equipment" registered in
"volunteer worker"), or any organization
your name under any motor vehicle registration
while acting os your real estate rinanageor.
law, any person is an insured while driving such
c. Temporary custodians Of Your
equipment along a public highway with your
Property
permission. Any other, person or organization
Any person or organization having proper
responsible for the conduct of such person is
also an Insured, but only with respect to liability
ternporary custody of your property if: you
arising out of the operation of the equipment, and
die, but only,,
only if no other insurance of any kind is available
(1) With respect to liability arising out of the
to that person or organization for this liability.
maintenance or use ofthat property, and
However, no person or organization is an insured
(2) Until your legal representative has
with respect to.
been appointed,
a, "Bodily injury" to a co -"employee" of the
d. Legal Representative If You Die
person driving the equipment; or
Your legal representative If you die, but
b. "Property damage" to property owned by,
only with respect, to duties as such. Thai,
rented to, in the charge of or occupied by
representative will have all your rights and
you or the employer of any person who is
duties under this insurance,
an insured under this provision.
e. Unnamed Subsidiary
6. Operator of Nonowned Watercraft
Any subsidiary and subsidiary thereof, of
With respect to watercraft you do not own that
yours which is a legally incorporated entity
is less than 51 feet long and is not being used
of which you own a financial interest of
to carry persons for a charge, any person is an
more than 50% of the voting stock on the
insured while operating such watercraft with
effective date of this Coverage Part,
your permission. Any other person or
The Insurance afforded herein for any
organization responsible for, the conduct of
subsidiary not shown in the Declarations
such person is also an Insured, but only with
as a named insured does not apply to
respect to liability arising out of the operation
injury or damage with respect to which an
of the watercraft, and only if no other
Insured, under this insurance is also an
insurance of any kind is available to that
insured under another policy or would be
person or organization for this liability,
an insured under such policy but for its
However, no person or organization is an
termination or upon the exhaustion of its
insured with respect to:
limits of insurance,
a. "Bodily injury" to a co -"employee" of the
3, Newly Acquired Or Formed Organization
person operating the watercraft; or
Any organization you newly acquire or form,
b. "Property damage" to property owned by,
other than a partnership, joint venture or
rented to, in the charge of or occupied by
limited liability company, and over which you
you or the employer of any person who is
maintain financial interest of more than 50% of
an insured under this provision.
the voting stock, will qualify as a Named
6. Additional Insureds When Required By
Insured it there is no other similar insurance
Written Contract, Written Agreement Or
available to that organization. However:
Permit
a. Coverageunder this provision Is afforded
The person(s) or organization (s) Identified in
only until the 180th day after you acquire.
Paragraphs a. through f. below are additional
or form the organization or the end of the
Insureds when you have agreed, in a written
policy period, whichever is earlier; and
Form SS 00 08 04 06 Page 11 of 24
uduiuiNiiiuuiiuiuiiiiiiiusiuiuiiu11iuimiwiuiuiuiuiI __000031.._.,
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
permit. issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.
A person or organization is an additional
Insured under this provision. only for that
period of time required by the contract,
agreement or permit.
However, no such person. or organization Is an
additional insured under this provision if such
person or organization Is included as an
additional Insured. by an endorsement. issue d.
by us and made a part. of this. Coverage Part,
including all persons or organizations added
as additional insureds under, the specific:
additional insured coverage grants in Section
F, — Optional Additional Insured Coverages.
a.. Vendors
Any person(s) or organizatlon(s) (referred to
below as vendor'), but only with respect to
"bodily Injury" or "properly damage" arising
out of "your products" which am distributed
or said in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products-COMPleted operations hazard",
(1) The insurance afforded to the vendor
is subject to the following additional
exclusions:
This insurance does not apply to:
(a) "Bodily Injury" or properly
damage" for which the vendor is
obligated. to pay damages by
reason of the assumption of
liability in a. con -tract car agreement.
This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
(b) Any express warranty
unauthorized by you;
Page 12 of 24
(c) Any physical or chemical change
In the product, made Intentionally
by the vendor:
(d) Repackaging, except when
unpacked solely for, the purpose of
inspection, demonstration, testing,
of, the substitution of parts under
instructions frons the manufacturer,
and then repackaged in the
original container;
(e) Any failure to make such
Inspections, adjustmehis, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make In the usual
course of business, in connection
with the distribution or sale of the
products;
(f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product
(g) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
(h) "Bodily Injury" or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(1) The exceptions contained in
Subparagraphs (d) or (f); or
(11) Such Inspections, adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business, in
connection with the distribution
or sole of the products,
(2) This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or,
containing such products,
b. Lessors Of Equipment
(1) Any person or organisation from
whore you lease equipment; but only
with respect to their liability for "bodily
injury", "property damage" or.
"personal and advertising injury"
caused, in whole or in part, by your
maintenance, operation or use of
equipment leased to you by such
person or organization.
Form SS 00 08 04 05
111111 111 IIIIIIII IIII II1RRl 1E1 111 11111 III 111 11 11 .,._/00m,../0/0..*
BUSINESS LIABILITY COVERAGE FORM
(2)
With respect to the insurance afforded
o. Permits Issued By State Or Political
to these additional insureds, this
Subdivisions
Insurance does not apply to any
(4) Any state or political subdivision, but
"occwrence" which takes place after
only; with respect to operations
you cease to lease that equipment.
performed by you or on your behalf for
c. Lessors Of Land Or Promises
which the state or political subdivision
(1)
Any person or organization from
has Issued a permit,
whom you lease land or premises, but
(2) With respect. to the insurance afforded
only with respect to liability arising out
to these additional insureds, this
of the ownership, maintenance or use
Insurance does not apply to:
of that part of the land or premises
(a) "Bodily Injury", "property damage"
leased to you,
or '*personal and advertising
(2)
With respect to the insurance afforded
injury" arising out of operations
to these additional insureds, this
performed for the state or
insurance does not apply to:
municipality; or
(a) Any "occurrence" which takes
(4-) "Bodily Injury" or "property damage*'
place after you cease to lease that
included within the "products -
land or be a tenant In that
completed operations hazard",
premises,, or
f. Any Other Party
(b) Structural alterations, new
(1) Any other person or organization who
construction or demolition
is not an insured under Paragraphs a.
operations performed by or on
through o. above, but only with
behalf of such person or
respect to liability for "bodily injury",
organization,
"property damage" or "personal and
d. Architects, Engineer* Or Surveyors
advertising injury" caused, in whole or
(1)
Any architect, engineer, or surveyor, but
in part. by your acts or omissions or
only with respect to liability for "bodily
the acts or omissions of those acting
injury", "properly damage" or "personal
on your behalf.
and advertising Injury" caused, In whole
(a) In tile performance of your
or in part, by your acts or omissions or
ongoing operations;
the acts. or omissions of those acting on
(b) In connection with Your premises
your behalf:
owned by or rented to you; or
(a) In connection with your premises;
(c) in connection with "your work" and
or
included within the "products -
(b) In the performance of your
completed operations hazard", but
ongoing operations performed by
only if
you or an your behalf.
(1) The written contract or written
(2)
With respect to the insurance afforded
agreement requires you to
to these additional insureds, the
provide such coverage to
following additional exclusion applies:
such additional insured; and
This insurance does not apply to
(i I) This Coverage Part provides
"bodily injury", "property damage" or
coverage for "bodily injury" or
"Personal and advertising injury"
"property damage" Included
arising out, of the rendering of or the
within the products -
failure to render, any professional
completed operations hazard".
services by or for you, including:
(2) With respect to the insurance afforded
(a) The preparing, approving, or
to these additional insureds, this
failure to prepare or approve,
Insurance does not apply to:
rnaps, shop drawings, opinions..
"Bodily injury", "property damage" or
reports, surveys, field orders,
`personal and advertising injury"
change orders, designs or
arising out of the rendering of, or the
drawings and specifications: or
failure to render, any professional
(b) Supervisory, Inspection,
architectural, engineering or surveying
architectural or engineering
services, including.
activities.
Form SS 00 08 04 05 Page 13 of 24
* CY802B051000003/18/29/0/0/0/0*
BUSINE$S LIABILITY COVERAGE FORM
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders.
change orders, designs or
drawings and specifications; or
(b) Supervisory, Inspection,
architectural or engineering
activities,
The limits of Insurance that apply to additional
insureds are described. In Section 0. — Limits
Of insurance.
How this insurance applies when other
insurance is available to an additional insured
is described In the Other Insurance Condition
In Section e. — Liability And Medical Expenses
General Conditions.
No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture or limited liability
company that Is not shown as a Named Insured In
the Declarations.
D. LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE
I., The Most We Wilt Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most
we will pay regardless of the number of::
a. Insureds;
b. Claims made or "suits" brought; or
a. Persons or organizations making claims or
bringing "suits".
2. Aggregate Limits
The most we will pay for;
a. Damages because of "bodily Injury" and
,,property darnage" included in the
"products -completed operations hazard" Is
the Products -Completed Operations
Aggregate Limit shown in. the
Declarations.
b, Damages because, of all other "bodily
Injury", "Property damage" or "personal
and advertising injury", including medical
expenses, is the General Aggregate Limit
shown In the Declarations,
This General Aggregate Limit applies
separately to each of your "locations"
owned by or rented to you.
"Location" means prernises involving the
same. or connecting lots, or premises
whose connection is interrupted only by a
street., roadway or right,of-way of a
railroad.
Page 14 of 24
This General Aggregate limit does not
apply to "property damage" to premises
while rented to you or, temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
explosion,
3, Each Occurrence Limit
Subject to 2.a. or 2.b above, whichever
applies, the most we will pay for the sum of all
damages because of all "bodily Injury",
"property damage" and medical expenses
arising out of any one "occurrence" is the
Liability and Medical Expenses Limit shown In
the Declarations,
The most we will pay for all medical expenses
be of "bodily Injury" sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.
4. Personal And Advertising Injury Limit
Subject to 2.b. above, the most we will pay for
the sum of all damages because of all
1personal and advertising injury" sustained by
any one person or organization is the Personal
and Advertising Injury Limit shown in the
Declarations, ,
6. Darnage To Pregulses Rented To You Limit
The Damage To Premises Rented To You
Limit is the most we will pay under Business
Liability Coverage for damages because of
"property darnage" to any one prernises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented. to you or
temporarily occupied by you with permission of
the owner.
In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results fiorn fire, lightning or explosion
or any combination of these,
6. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of:
a. The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or political
subdivision, or
b. The Limits of Insurance shown In the
Declarations.
Such amount shall be a part. of and not in
addition to the Units of Insurance shown In
the Declarations and described in this Secflon.
Form SS 00 08 04 05
111111111 1E 1111111111 Ell 111 1P1 1111� IPI 11111 �11 11111111111 ..YB02BO51000003/i 9129/0/010/0*
Form SS 00 08 04 06 Page IS of 24
* CY802805/000003/20/29/0/0/010*
BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance under this
(1) Immediately send us copies of any
policy and any endorsements attached thereto
demands, notices, summonses or
applies to any claim or "suit", the most we will pay
legal papers received, In connection
under this policy and the endorsements is the
with the claim or
single highest limit of liability of all coverages
(2) Authorize us to obtain records and
applicable to such clairn or "suit". However, this
other Information;
paragraph does not apply to the Medical Expenses
(3) Cooperate with us In the Investigation,
limit: set: forth In Paragraph 3, above,
settlement of the claim or defense
The Limits of Insurance of this Coverage Part apply
against the "suit!'; and
separately to each consecutive annual period and to
(4) Assist us, upon our request, In the
any remaining perlod of less than 12 months, starting
enforcement of any right against any
with the beginning of the policy period shown in the
person or organization that may be
Declarations, unless the policy period is extended
liable to the Insured because of injury
after issuance for an additional period of less than 112
or damage to which this insurance
months, in that case, the additional period will be
may also apply.
deemed part of the last: preceding period for purposes
of deternihing the Limits of Insurance.
d. Obligations At The Insured's Own Cost
E. LIABILITY AND MEDICAL EXPENSES
No insured will, except at that Insured's own
cost, voluntarily make a payment, assume
GENERAL CONDITIONS
any obligation, or Incur any expense. other
1. Bankruptcy
than for first aid, without our consent.
Bankruptcy or insolvency of the insured or of
e, Additional Insured's. Other Insurance
the Insured's estate will not relieve, us of our
If we cover a claim or "suit" under this
obligations under this Coverage Part,
Coverage Part that may also be covered
2Duties In The Event Of Occurrence,
by other Insurance available to an
Offense, Claim Or Suit
additional insured, such additional insured
a., Notice Of Occurrence Or Offense
must submit such claim or. "suit" to the
Co-
You or any additional Insured must see
it that we are notified as soon as
However, this provision does not apply to
practicable of an "occurrence" or an
the: extent that you have agreed in a
offense which may result in a claim. To
written contract, written agreement or
the extent possible, notice should include:
permit that this Insurance Is primary and
non-contributory with the additional
(1) How, when and where the "occurrence"
insared's own insurance.
or offense took place;
f. Knowledge Of An Occurrence, Offense,
(2) The names and addresses of any
Claim Or Suit
Injured. persons and witnesses; and
Paragraphs a, and b, apply to you or to
(3) The nature and location of any Injury
any additional Insured only when such
or damage arising out of the
"occurrence", offense, claim or "suit" is
"occurrence" or offense.
known to:
t), Notice Of Claim
(1) You or any additional insured that is
If a claim is made or "suit" is brought
an Individual:
against any Insured, YOU or any additional
(,21) Any partner, if you or an additional
Insured must:
Insured. is a partnership;
(1)l Immediately record fliespecifiers of the
(3) Any manager, if you or an additional
claim or "suit" and the date received;
insured is a limited liability Qornpany;
and
(4) Any "executive officer" or insurance
(2) Notify us as soon as practicable.,
manager, if you or an additional
You or any additional insured must see to
insured is a corporation;
It that we receive a written notice of the
(6) Any trustee, if you or an additional
claim ear "Suit" as soon as practicable.
Insured Is a trust; or
c. Assistance And Cooperation Of The
(6) Any elected or appointed official, If you
Insured
or an additional insured is a political
You and any other, involved insured must,
subdivision or publir, entity,
Form SS 00 08 04 06 Page IS of 24
* CY802805/000003/20/29/0/0/010*
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to
you and any additional Insured,
3, Financial Responsibility Laws
a. When this policy Is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law, the Insurance
provided by the policy for "bodily injury"
liability and "property damage" liability will
oomply with the provisions of the law to.
the extent. of the coverage and limits of
insurance required by that law.
b. With respect to "mobile equipment" to
which this insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorists, no-fault or other
coverage required by any motor vehicle
law. We will provide the required limits for
those Coverages.
4. Legal ,Plotkin Against. Us
No person or organization has a right under
this Coverage Form:
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 Form unless
all of its terms have been fully complied
wlth.
A person or organization may sue us to recover
on an agreed settlement. or on a final judgment
against an. Insured; but we will riot be liable for
damages that are not payable under the terms of
this insurance 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 olairnantA$ legal representative.
S. Separation Of Insureds
Except with respect to the Limits of Insurance,
and. any rights or duties specifically assigned
in, this policy 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
a claim is made or "suit*' is brought.
6. Representations
a.. When You Accept This Policy
By accepting (his policy, you agree:
(1) The statements in, the Declaratimis
are accurate and complete,
(2) Those statements are based upon
representations you made to us; and
Plage a 16 of 24
(3) We have issued this policy in reliance
upon your representations,
b. Unintentional Failure To Disclose
Hazards
If unintentionally You should fall to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
tbecause of such failure.
7. Other Insurance
If other valid and collectible Insuranre Is
available for a loss we cover under this
Coverage Part, our obligations are limited as
follows.
a, Primary Insurance
This Insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excess Insurance
This Insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
(1) Your Work
That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
(2) Premises Rented To You
That Is fire, lightning or explosion
insurance for premises, rented to you
or temporarily occupied by you with
permission of the owner;
(3) Tenant Liability
That is Insurance purchased by you to
cover your liability as a tenant for
"property damage" to prernises rented
to you or temporarily oct.uple(l by you
with permission of the owner;
(4) Aircraft, Auto Or Watercraft
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 A. — Coverages,
(6) Property Damage To Borrowed
Equips -neat. Or Use Of Elevators
If the loss arises out of "prop"
damage" to borrowed equipment or
the use of elevators, to the extent not
subject to Exclusion k. of Section A. --
Coverages. Coverages.
Form SS 00 08 04 05
ui1imiIuuuuumiuuiuiuuiuiYuuuiPuiifliuuiiii1�11ii .._....,.
(6) When You Are Added As An
Additional Insured To Other
Insurance
That. Is other Insurance available to
you covering liability: for darnages
arising out of the premises or
operations., or products and completed
operations, for which you have been
added as, an additional insured by that
insurance; or
(7) When You Add Others As An
Additional Insured To This
Insurance
That: is other insurance available to an
additional Insured,
However, the following provisions
apply to other insurance available to
any person or organization who is an
additional Insured under this Coverage
Part:
(a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed In a written contract,
written agreement or, permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
(b) Primary And Non -Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured's own
Insurance, this insurance is
primary and we will not seek
contribution from that other
insurance,
Paragraphs (A) and (b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured.
When this Insorance is excess., we will
have no duty tinder this Coverage Part. 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.
Form SS 00 08 04 06
BUSINESS LIABILITY COVERAGE FORM
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
(1) The total amount that all Such other
insurance would pay for the toss in the
absence of this Insurance; and
(2) The total of all deductible and self-
insured amounts under all that other
insurance..
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 the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal arnounts
until it has paid its applicable limit of
Insurance or none of the loss remains,
whichever conies first
If any of the other insurance does not permit
contribution by equal shares, we will
contribute Icy 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.
Transfer Of Rights Of Recovery Against
Others To Us
a, Transfer Of Rights Of Recovery
If the insured has rlght* to recover all or
part of any payment, including
Supplementary Payments, we have made.
under this Coverage Part, those rights are
transferred to us. The Insured must, do
nothing after loss to impair them, At our
request, the insured will bring "suit" or
transfer those rights, to LIS and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.
b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreernerif or permit that was executed
prior to the injury or damage.
Page 17 of 24
111111 11� 11111111111 1� 11111 P11 IE� 1�� !�� 1E1 11111 ��l 111111 -.0.06/000003122/2910/0/010*
BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED
3. Additional Insured - Grantor Of Franchise
COVERAGES
WI-40 IS AN INSURED under Section C, is
If listed or shown as applicable In the Declarations,
amended to Include as an additional Insured
one or more of the following Optional Additional
the person(s) or orqanlzation(s) shown in the
Insured Coverages also apply. When any of these
Declarations as an Additional Insured -
Optional Additional Insured Coverages apply,
Grantor Of Franchise, but only with respect to
Paragraph 6. (Additional Insureds, When Required
their liability as grantor of franchise to you,
by Written Contract, Written Agreement or Permit)
4. Additional Insured - Lessor Of Leased
of Section C., Who Is An Insured, does not apply
Equipment
to the: person or organization shown in the
a. WHO IS AN INSURED under Section C. Is
Declarations, These coverages are subject. to the
amended to Include as an additional
terms and conditions applicable to Business
Insured the person(s) or organization(s)
Liability Coverage In this policy, except as
shown in the Declarations as an Additional
provided below;
insured — Lessor of Leased Equipment,
1, Additional Insured - Designated Person Or
but only with respect. to liability for "bodily
Organization
injury", "property damage" or "person-al
WHO IS AN INSURED under Section C. Is
and advertising injury" caused, in whole or
amended to include as an additional insured
in part, by your maintenance, operation or
the person(s) or organization(s) shown in the
use of equipment leased to You by such
Declarations, but only with respect to liability
person(s) or organization(s).
for "bodily Injury", "property damage" or
h. With respect to the Insurance afforded to
"personal and advertising Injury" caused, in
these additional insureds, this insurance
whole or in part, by your acts or ornissions or
does not apply to any "occurrence" which
the acts or omissions of those acting on your
takes place after you cease to lease that
behalf:
equipment,
a. in the performance of your ongoing
5, Additional Insured - Owners Or Other
operations, or
Interests From Whom Land Has Been
b. In connection. with your premises owned
Leased
by or rented to you.
a. WHO IS AN INSURED under Section C. is
2, Additional Insured - Managers Or Lessors
amended to include as an additional
Of Promises
insured the person(s) or organization(s)
shown in the Declarations as an Additional
a. WHO IS AN INSURED under Section C. is
Insured — Owners Or Other Interests From
amended to include as an additions] insured
Whom Land Has Been Leased, but only
the person(s) or organtzation(s) shown In the
with respect to liability arising out of the
Declarations as an Additional Insured -
ownerf�hip, maintenance or use of that part
Designated Person Or Organization; but. only
of the land leased to you and shown in the
with respect to liability arising out of the
Declarations,
ownership, maintenance or use of that part of
the premises leased to you and shown in the
b, With respect to the insurance afforded to
Declarations.
these additional insureds, the following
additional exclusions apply:
b. With respect, to the insurance afforded, to
these additional insureds, the following
This insurance does not apply to
additional exclusions apply:
(1) Any "occurrence" that takes place
This Insurance does not apply to:
after you cease to lease that land. or
(1) Any "occurrence" which takes place
(2) Structural alterations, new
after You cease to be a tenant in that
construction or demolition operations
pre--anises; or
performed by or on behalf of such
(2) Structural alterations, new
Gerson or organization,
construction or demolition operations
6. Additional Insured - State Or Political
performed by or on behalf of such
Subdivision — Permits
person or organization.
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
Page 18 of 24 Form SS GO 08 04 05
uiuiumuiummuisimiuuuuiiuiuiiuiiiu111uiiuiiuiui ...._........
BUSINESS LIABILITY COVERAOS FORM
Insured — State Or Political Subdivision ,
(e) Any failure to make such
Permits, but only with respect to
Inspections, adjustments, tests or
operations performed by you or on your
servicing as the vendor, has agreed
behalf for which the state or political
to make or normally undertakes to
subdivision has Issued a permit.
make in the usual course of
b. With respect to the Insurance afforded to
business, in connection with the
these additional insureds, the following
distribution or sale of the products;
additional exclusions apply;
(f) DernQnst.ratiQn, installation,
This insurance does not apply to;
servicing or repair operations,
(1) "Bodily injury", "property damage" or
except such operations performed
at the vendor's premises in
"personal and advertising Injury"
connection with the safe of the
arising out of operations performed for
product:
the -state or municipality; or
(2) "Bodily Injury" or "property damage"
(U) Products which, after distribution
included in the "'product -completed
or sale by you, have been labeled
operations" hazard.,
or, relabeled or used as a
container, part or ingredient of any
7< Additional Insured — Vonclors,
other thing or substance by or for
a. WHO IS AN INSURED under Section C. is
the vendor: or
amended to include as an additional
(h) "Bodily injury" or "property
insured the person(s) or organization(s)
damage" arising out of the sole
(referred to below as vendor) shown in the
negligence of the vendor for Its
Declarations as an. Additional Insured -
own acts or omissions or those of
Vendor, but only with respect to "bodily
its employees or anyone else
injury" or "properly damage" arising out of
acting on Its behalf. However, this
"your products" which are distributed or,
exclusion does not apply to.
sold in the regular course of the vendor's
(1) The exceptions contained In
business and only if this Coverage Part
Subparagraphs (d) or (f); or
provides coverage for "bodily injury" or
"property damage" included within the
(11) Such inspections,
"products -,completed operations hazard"..
adjUStMentS. tests or servicing
b. The insurance afforded to the vendor is
as the vendor has agreed to
make or normally undertakes
sul,iject to the following additional exclusions:
to make in the usual course of
(4) This insurance does not apply tn
business, in connection with
(a) "Bodily injury" or "properly
the distribution or sale of the
damage" for, which the vendor is
products,
obligated to pay damages by
(2) This insurance does not apply to any
reason of the assumption of
insured person or organization from
liability in a. contract or agreernent.
whom you have acquired such
This exclusion does not apply to
products, or any ingredient, part or
liability for damages that the
container, entering into,
vendor Would have in the absence
accompanying or containing such
of the contract or agreernent;
products.
(b) Any express Warranty
S. Additional insured — Controlling Interest
unauthorized by you;
WHO IS AN INSURED under Section 0. is
(c) Any physical or, chemical change
amended to Include as an additional insured
in the product made intentionally
the person(s) or organization(s) shown in the
by the vendor;
Declarations as an Additional Insured —
(d) Repackaging, unless unpacked
Controlling Interest, but only with respect to
solely for the purpose of inspection,
their liability arising out of;
demonstration, testing, or the
a. Their financial control of you: or
substitution of parts under
b. Premises they own, maintain or control
instructions from the manufacturer,
while you (ease or occupy thesee premises,
and then repackaged In the original
container;
Form SS 00 08 04 46 dare 19 of 24
BUSINES$ LIABILITY COVERAGE FORM
This insurance does not apply to structural
The limits of insurance that apply to additional
alterations, new construction and demolition
Insureds are described In Section 0. — Limits Of
operations performed by or for that person or
Insurance,
organization.
How this Insurance applies when other Insurance
9, Additional Insured — Owners, Lessees Or
is available to an additional insured is described in
Contractors — Scheduled Person. Or
the Other Insurance Condition in Section E. —
Organization
Liability And Medica( Expenses General
a. WHO IS AN INSURED under Section C. is
Conditions.
amended to include as an additional
G. LIABILITY AND MEDICAL EXPENSES
insured the person(s) or organization(s)
DEFINITIONS
shown in the Declarations as an Additional
Insured — Owner, Lessees Or Contractors,
1. "Advertisement" means the widespread public
but only with respect to liability for "bodily
dissemination of Information or images that
injury" "property damage" or "personal
has the purpose of Inducing the sale of goods,
and advertising injury" caused, in whole or
products or services through:
In. part, by your acts or omissions or the
a. (1) Radio;
acts or omissions of those acting on your
(2) Television;
behalf.,
(3) Billboard;
(1) In the performance of your ongoing
(4) Magazine;
operations for the additional
Insured(s), or
(5) Newspaper;
(2) In connection with "your work"
b, The Internet, but only that part of a web
performed for that additional insured
site that Is about goods, products or
and IncItIded within the "products -
services for the purposes of inducing the
completed operations hazard", but
sale of goods, products or services; or
only if this Coverage Part provides
c. Any other publication that is given
coverage for "bodily Injury" or
widespread public distribution,
"property damage" included within the.
However, "advertisement" clow not include.
"products -completed operations
hazard",
a< The design, printed material, Information
or Images contained In, on or upon the
b. With respect to the insurance afforded to
packagin or labeling of any goods or
these additional Insureds, this insurance
products; or
does not apply to "bodily injury", "property
"Personal
b. An interactive conversation between or
darnage" or an advertising
Injury" arising out of the rendering of, or
among persons through a computer network,
the failure to render, any professional
2. "Advertising Idea" means any idea for an
architectural, engineering, or surveying
"advertisement".
services, Including-.
3. "Asbestos hazard" means an exposure or
(1) The preparing, approving, or failure to
threat of exposure to the actual or alleged
prepare or approve, maps, shop
properties of asbestos and includes the mare
drawings, opinions, reports, surveys,
presence of asbestos in any form.
field orders, change orders, designs or
4. "Auto" means a land rotor vehicle, trailer or
drawings and specifications; or
semi -trailer designed for travel on public
(2) Supervisory, inspection, architectural
roads, Including any attached machinery or
or engineering activities,
equipment. But *'auto" does not include
10, Additional Insured — Co -Owner Of Insured
"mobile equipment",
Premises
S. "Bodily injury" rneans physical,.
VVI -10 IS AN INSURF0 tinder Section C. Is
a. Injury;
amended to Include as an additional insured
b. Sickness, or
the person(s) or Orgonization(s) shown in the
c. Disease
Declarations as an Additional Insured — Co -
Owner Of Insured Premises, but only with
sustained by a person and, If adding Out of the
respect to their liability as co-owner of the
above, mental anguish or death at any time.
premises shown in the Declarations,
0. "Coverage territory" means:
Page 20 of 24 Form SS 00 08 04 05
TYB02B05/000003/26129/0/010/0*
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 or transportation between any
places included In a. above;
C. All other parts of the world if the Injury or,
damage arises out of-..
(1) Goods or products rnade or sold by you
In the territory described In a, above-,
(2) The activities of a person whose home
is In the territory described in 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 the United. States of
America. (including its territories and
possessions), Puerto Rico or Canada. In a
"StAlt" on the merits according to the
substantive law in such territory, or in a
settlement we. agree to.
7. "Electronic data" means Information, facts or
programs.,
a, Stored as or on',
b. Created or used on; or
a. 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.
8. "Employee" includes a "leased worker".
"Employee" does not Include a "temporary
worker".
9.. "Executive, officer" means a person holding
any of the officer postfions created by your,
charter, constitution, by-laws or any other
similar governing document.
10. "Hostile fire" means one which becomes
uncontrollable or breaks out. from where it. was
intended to be,
11. "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
Farrel SS 00 08 04 06
BUSINESS LIABILITY COVERAGE FORM
b. You have failed to fulfill the terms of a
contract or agreement;
If such property can be restored to use by:
a, The repair, replacement, adjustment or
removal of "your product" or "your work";
or
h. Your fulfilling the terms of the contract or
agreement.
12. "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,
lightning or explosion to premises while
rented to you or temporarily occupied by
you with permission of the owner is
subject to the Damage To Premises
Rented To You limit described in Section
D. — Liability and Medical Expenses Limits
of Insurance.
b, A sidetrack agreement;
c. Any easement or license agreement,
including an easement or license
agreement in connection with construction
or demolition operations on or within 50
feet of a railroad;
d. Any obligation, as required by ordinance,
to Indemnify a municipality, except in
connection with work for a municipality;
e. An elevator maintenance agreement; or
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 as municipality) under which
you assume the tort liability of another
party to pay for "bodily injury" or "property
damage" to as third person or organization,
provided the ".beadily injury" or "property
damage" is caused, in whole or in part, by
you or by those acting on your behalf.
Tort. liability means a liability that would be
imposed by law in the absence of any
contract or agreement,
Paragraph f. includes. that part of any
contract or agreement that: indemnifles 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,
However, Paragraph f, does not Include
that part of any contract. or agreement:
Pago 21 of 24
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BUSINESS LIABILITY COVERAGE FORM
(1) 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, designs or drawings and
speclflcafions; or
(b) Giving directions or Instructions,
or failing to give them, if that is the
primary cause of the Injury or
damage; or
(2) 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 (1) above and supervisory,
Inspection, architectural or
engineering activities.
13. "Leased worker" means a person leased to
you by a labor leasing firm under an
agreement between you and the labor teasing
firm, to perform duties related to the conduct of
your business. "Leased worker" does riot
include a "temporary worker",
14. "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 of "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 "aut.d',
15. "Mobile equipment' means any of the following
types of land vehicles, including any attached
machinery or equipment
a.. Bulldozers, farm maahinery, forklifts and
other ve-hicies designed for use principally
off public roads;
b. Vehicles maintained for Use Solely On Or
next to Prernl$e$ You own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, on
which are permanently mounted;.
Page 22 of 24
Power cranes, shovels, loaders,
diggers or drl(s; or
(2) Road construction or resurfacing
equipment such as graders, scrapers
or rollers;
e. Vehicles not described in 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 sire lar devices
used to raise or lower workers;
f, Vehicles not described In a,, lb., c., or d.
above maintained primarily for purposes
other then the transportation of persons or
cargo.
However, self-propelled vehicles with the
following types of permanently attached
equipment are riot "mobile equipment' but
will be considered "autos":
(1) Equipment, of at least 1,000 pounds
gross vehicle weight, 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 cleaning,
geophysical exploration, lighting and
well servicing equipment.
16. "Occurrence." means an accident, including
continuous or repeated exposure to substantially
the same general harmful conditions.
17. "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;
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Form SS 00 08 04 06 Page 23 of 24
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BUSINESS LIABILITY COVERAGE FORM
c. The. wrongful eviction from, wrongful entry
Work that may need service, maintenance,
into, or Invasion of the right of private
correction, repair or replacement, but
occupancy of a room, dwelling or
which Is otherwise complete, will be
premises that the person occupies,
treated as completed.
committedby or on behalf of its owner,
The "bodily Injury" or "property damage"
landlord or lessor;
must occur away from premises you own
d. Oral, written or electronic publication of
or rent, unless your business includes the
material that slanders or libels a person or
selling, handling or distribution of "your
organization or disparages a person's or
product." for consumption on premises you
organization's goods, products or services;
own or rent.
e. Oral, written or electronic publication of
b. Does not include "bodily injury" or
material that violates a person's right of
"property damage" arising out of:
privacy;
(1) The transportation of property, unless
f. Copying, In your "advertisement", a
the injury or damage arises out. of a
person's or organization's "advertising
condition in or on a vehicle not owned
idea" or style of "advertlsemenf%
or operated by you, and that condition
Infringement of copyright, slogan, or title of
was created by the "loading or
any literary or artistic work, in your
unloading" of that vehicle by any
"advertisement."; or
insured; or
hDiscrimination or humiliation that results In
(2) The existence of tools, uninstalled
injury to the feelings or reputation of a
equipment or abandoned or unused
natural person.
materials.
18. "Pollutants" means any solid, liquid, gaseous or
20, "Property damage" means:
thermal Irritant or contaminant, Including smoke,
a. Physical Injury to tangible property,
vapor, soot, fumes, acids, alkalis, chemicals and
induding all resulting loss of use of that
waste, Waste Includes materials to be recycled,
property. Ail such loss of use shall be
reconditioned or reclaimed,
deemed to occur at the time of the
10. "Products -completed operations hazard";
physical injury that caused it: or
a. Includes all "bodily injury" and "property
b. Loss of use of tangible property that is not
damage" occurring away frorn premises
physically injured. All such loss of use
you own or rent and arising out of "your
shall be deemed to occur at the time of
product" or "your work" except
"occurrence" that caused it,
(1) Products that are still in your physical
As used in this definition, "electronic data" is
possession; or
not tangible property,
(2) Work that. has riot. yet been completed,
211. "Suit" means a civil proceeding In which
or abandoned. However, "your work"
damages because of "bodily injury", property
will be deemed to be completed at the
damage" or "personal and advertising injury"
earliest of the following times:
to which this Insurance applies are alleged,
(a) When all of the work called for in
"Suit" includes:
your contract has been completed,
a, An arbitration proceeding in which such
(b) When all of the work to be done at
damages are claimed and to which the
the job site has been completed If
insured must submit or does submit with
your contract. calls for work at
our consent; or
move than one job site,
b. Any other alternative dispute resolution
(c) When that part of the work done at
proceeding in which Such darnages are
a job site has been put to its
claimed and to which the insured submits
intended use by any person or
with our consent.
organization other than another
22, "Temporary worker" means a person who Is
contractor or subcontractor
furnished to you to substitute for a permanent
working an the some project.
"employee" on leave or to meet seasonal or
short-term workload conditions.
23. "Volunteer worker" means a person who:
a. Is not your "employee";
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BU$lNESS LIABILITY COVERAGE FORM
b. Donates his or her work;
c. Acts at the direction of and within the
scope of duties determined by you, and
dl. Is not paid a fee, salary or other
cornpertsation by you or anyone else for
their work performed for you,
24. "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),
materjats, 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
Page 24 of 24
(2) The providing of or failure to provide
warnings or instructions,
a. Does not Include vending machines or
other property tented to or located for the
use of other's but. not sold_
26. "Yourwork":
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
of 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.
Form SS 00 08 04 05
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