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HomeMy WebLinkAbout2011 Sebastian Insurance , LLC 'Your Areigli6orhood Independent. gent Since 1987 1013 v.S. .7fighway 1 • Sebastian, 'FL 32958 • 772-589-1110 • 'Fax, 772-589-0731 January 6, 2011 cog101112 73 ,, s ' JAN 2011 Mr. Al Minner, City Manager • • N City of Sebastian M • ,ti 1225 Main Street \ Q� v Sebastian, Fl. 32958 \ G����zszSZA1ZCi��, Dear Al: Attached is a copy of the insurance policy issued to Sebastian River Fine Art&Music Festival Inc. I have flagged the page showing the amount of coverage and the page showing the City as an additional insured. Please call me with any questions. Sincerely, Amy Pryor Sebastian Insurance LLC Jfoine • luto • tBoat • 'Business • Life Jfe(p PSe6astianInsurance.coin 1 Southern Cross Underwriters Policy Numbe 7 Named Insured Sebastian River Fine Art& Music Festival,Inc. Effective/Expiration Date 01/22/2011 -01/24/2011 Surplus Lines Agent's Name: James L. Delmolino Address: 13577 Feather Sound Drive, Suite 100 Clearwater, Fl 33762 License No.' A065437 Producing Agent's Name: Donna Keys Physical Address: 1013 U.S. Hwy 1 Sebastian, FL 32958 "THIS INSURANCE IS ISSUED PURSUANT TO THE FLORIDA SURPLUS LINES LAW. PERSONS INSURED BY SURPLUS LINES CARRIERS DO NOT HAVE THE PROTECTION OF THE FLORIDA INSURANCE GUARANTY ACT TO THE EXTENT OF ANY RIGHT OF RECOVERY FOR THE OBLIGATION OF AN INSOLVENT UNLICENSED INSURER." "SURPLUS LINES INSURERS' POLICY RATES AND FORMS ARE NOT APPROVED BY ANY FLORIDA REGULATORY AGENCY." umber 5038013967 4111111111° COMMON POLICY DECLARATIONS Renewal of: IFGCompanies' THE BURLINGTON INSURANCE COMPANY Home Office:Burlington,North Carolina Administrative Office:238 I nt er nat i onal Road, Bur I i ngt on, NC 27215 Claims Office:238 International Road,Burlington,NC 27215 Item 1. Named Insured and Mailing Address Co.Use: SEBASTIAN RIVER FINE ART & MUSIC FESTIVAL INC. Southern Cross Underwriters 13577 Feather Sound Drive 1125 US HIGHWAY 1 Suite 100 SEBASTIAN Clearwater FL 32958 FL 33762 Code: 503 Surplus Lines Broker License No.: A065437 Item 2. Policy Period Effective Date:01/22/2011 Expiration Date:01/29/2 0 1 1 at 12:01 A.M. , Standard Time at your mailing address shown above. Item 3. In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. This policy consists of the following coverage parts for which a premium is indicated. Where no premium is shown,there is no coverage. Coverage Part(s) Premium Commercial General Liability $ 1, 370 .00 Total Policy Premium or Deposit Premium $ 1, 370 .0 0 Other Charges(if applicable) Total Other Charges $ 124 .93 POLICY FEE 35.00 TAX 70.25 Total Amount Due* $ 1, 999 .93 STAMPING FEE 1.41 FHCF 18.27 * Premium is: X❑ Flat ❑Auditable Policy Minimum Premium $ 1, 37 0 .0 0 In the event you cancel this policy,we will retainl00% FULLY EARNED Item 4. Forms and Endorsements applicable to this policy: See"Listing of Forms and Endorsements"(IFG-I-0150) Item 5. Form of Business. ❑ Individual ❑ Partnership ❑ Joint Venture ❑ Limited Liability Company ❑ Other Organization, including a Corporation El Trust Business Description: SPECIAL EVENT - MUSIC & ARTS FESTIVAL NO FLAT CANCELLATION THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORM(S) AND ANY EN DORSEM EN T(S),COM PLETE THE ABOVE NUMBERED POLICY. SURPLUS LINES INSURERS' POLICY RATES AND FORMS ARE NOT APPROVED BY ANY FLORIDA REGULATORY AGENCY. This insurance is issued pursuant to the Florida Surplus Lines law. Persons insured: by surplus lines carriers do not have the protection of the Florida Insurance Guaranty Act to the extent of any right of recovery for the obligation of an Insolvent unlicensed insurer. Countersigned: iptim,u4:44 Date: By: 14 Issue Date: 01/05/11 Authorized Representative IFG-I-0101 0204 INSURED Page 1 of 1 , anies POLICY NUMBER: 503B013967 POLICY PERIOD: 01/22/2011 01/24/2011 Effective Date Expiration Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LISTING OF FORMS AND ENDORSEMENTS This listing forms a part of the following: Commercial General Liability Policy NUMBER TITLE Interline IFG-I-0002 10 06 Policy Cover Page IFG-I-0101 02 04 Common Policy Declarations IL 00 17 11 98 Common Policy Conditions FL-INTERLINE IFG-I-0402 11 00 Service of Suit Amendment BG-I-026 08 09 Fully Earned Premium FL-GENERAL LIABILITY IFG-G-0002-DL 05 03 Commercial General Liability Declarations IFG-G-0062 02 03 Personal and Advertising Injury Amended IFG-G-0098 12 08 Exclusion - Credit Card Transactions IFG-I-0169 11 05 Exclusion - Violation of Statutes That Govern E-Mails, BG-G-005 05 10 Exclusion - Punitive Damages BG-G-007 07 10 Exclusion - Asbestos, Silica or Other Toxic Substances BG-G-039a 12 09 Amendment Of Premium Conditions BG-G-064 09 08 Contractual Liability Amendment BG-G-446 02 10 Amendment - Section I Insuring Agreement BG-G-487 09 08 Amendment - Employer' s Liability Exclusion IL 00 21 09 08 Nuclear Energy Liability Exclusion Endorsement CG 00 01 10 01 Commercial General Liability Coverage Form CG 00 62 12 02 War Liability Exclusion CG 02 20 12 07 Florida Changes - Cancellation and Nonrenewal CG 21 47 07 98 Employment-Related Practices Exclusion CG 21 49 09 99 Total Pollution Exclusion Endorsement IFG-I-0150 0303 Issue Date: 01/05/11 Page 1 of 2 POLICY NU 13967 Forms List (Continued) NUM BER TITLE CG 21 67 12 04 Fungi or Bacteria Exclusion CG 21 73 01 08 Exclusion of Certified Acts of Terrorism IFG-G-0051 01 09 Exclusion - Liquor Liability BG-G-074 05 09 Exclusions and Redefinition Described Hazards (Special CG 20 11 01 96 Additional Insured - Managers Or Lessors Of Premises Additional Forms NUMBER TITLE IFG-I-0150 0303 Issue Date: 01/05/11 Page 2 of 2 INSURANCE POLICY of The Burlington Insurance Company A Stock Company Home Office and Claim Office: 238 International Road Burlington, North Carolina 27215 Tel. 336-586-2500 or Toll Free 1-877-434-2667 IFG Companies' In Witness Whereof, we have caused this policy to be executed and attested, and, if required by state law,this policy shall not be valid unless countersigned by our authorized representatives. lJ �p AC* II? < /y�M" Secretary President IFG-I-0002 10 06 IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject b. Give you reports on the conditions we to the following conditions. find; and A. Cancellation c. Recommend changes. 1. The first Named Insured shown in the Decla- 2. We are not obligated to make any inspec- rations may cancel this policy by mailing or tions, surveys, reports or recommendations delivering to us advance written notice of and any such actions we do undertake relate cancellation. only to insurability and the premiums to be 2. We may cancel this policy by mailing or charged. We do not make safety inspections. delivering to the first Named Insured written We do not undertake to perform the duty of notice of cancellation at least: any person or organization to provide for the a. 10 days before the effective date of can- health or safety of workers or the public. And we do not warrant that conditions: cellation if we cancel for nonpayment of premium; or a. Are safe or healthful; or b. 30 days before the effective date of can- b. Comply with laws, regulations, codes or cellation if we cancel for any other standards. reason. 3. Paragraphs 1. and 2. of this condition apply 3. We will mail or deliver our notice to the first not only to us, but also to any rating, ad- Named Insured's last mailing address known visory, rate service or similar organization to us. which makes insurance inspections, surveys, reports or recommendations. 4. Notice of cancellation will state the effective date of cancellation. The policy period will 4. Paragraph 2. of this condition does not apply end on that date. to any inspections, surveys, reports or re- commendations we may make relative to cer- 5. If this policy is cancelled,we will send the first tification, under state or municipal statutes, Named Insured any premium refund due. If ordinances or regulations, of boilers, pres- we cancel, the refund will be pro rata. If the sure vessels or elevators. first Named Insured cancels, the refund may be less than pro rata. The cancellation will be E. Premiums effective even if we have not made or offered The first Named Insured shown in the Decla- a refund. rations: 6. If notice is mailed, proof of mailing will be 1. Is responsible for the payment of all pre- sufficient proof of notice. miums; and B. Changes 2. Will be the payee for any return premiums we This policy contains all the agreements between pay. you and us concerning the insurance afforded. F. Transfer Of Your Rights And Duties Under This The first Named Insured shown in the Declara- Policy tions is authorized to make changes in the terms Your rights and duties under this policy may not of this policy with our consent. This policy's terms be transferred without our written consent except can be amended or waived only by endorsement in the case of death of an individual Named issued by us and made a part of this policy. Insured. C. Examination Of Your Books And Records If you die, your rights and duties will be tran- We may examine and audit your books and rec- sferred to your legal representative but only while ords as they relate to this policy at any time dur- acting within the scope of duties as your legal ing the policy period and up to three years representative. Until your legal representative is afterward. appointed, anyone having proper temporary D. Inspections And Surveys custody of your property will have your rights and 1. We have the right to: duties but only with respect to that property. a. Make inspections and surveys at any time; GU 519(11-98) IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SERVICE OF SUIT AMENDMENT Pursuant to any statute of any state, territory or It is further agreed that service of process in such district of the United States which makes "suit" may be made upon the President, or his provision therefore, the Company hereby nominee, of the Company at 238 International designates the Superintendent, Commissioner or Road, Burlington, North Carolina 27215 and that Director of Insurance or other officer specified for in any "suit" instituted against any of them upon that purpose in the Statute, or his successor or this policy, the Company will abide by the final successors in office, as their true and lawful decision of such Court or of any Appellate Court in attorney upon whom may be served any lawful the event of an appeal. process in any action, "suit" or proceeding instituted by or on behalf of the insured or any It is agreed that in any state requiring a standard beneficiary hereunder rising out of this contract of form of policy, insurance hereunder on values or insurance, and hereby designate the above named properties in such state shall attach and cover in person as the person to whom the said officer is accordance with the terms and conditions of such authorized to mail process or a true copy thereof. standard form. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. IFG-I-0402 1100 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FULLY EARNED PREMIUM This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART GARAGE COVERAGE FORM LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART If the first Named Insured or anyone with his, her, its or not subject to any premium refund. Cancellation for their power of attorney cancels this policy, then the nonpayment of premium shall be deemed cancellation total policy premium shown on the Common Policy by the first Named Insured. Declarations is the minimum earned premium and is BG-I-026 08 09 Includes copyrighted material of Page g 1 of 1 ISO Properties, Inc.,with its permission. y Number: 5035013967 COMMERCIAL GENERAL LIABILITY Rummies DECLARATIONS Named Insured: EffectiveDate: SEBASTIAN RIVER FINE ART & MUSIC FESTIVAL INC. 01/22/2011 Item 1. LIMITS OF INSURANCE $ 1, 000 , 000 General Aggregate Limit (Other Than Products - Completed Operations) $ INCL. IN GEN. AGG. Products - Completed Operations Aggregate Limit $ 1, 000, 000 Personal and Advertising Injury Limit $ 1, 000, 000 Each Occurrence Limit $ 50, 000 Damage To Premises Rented To You Limit (Any One Premises) $ 5, 000 Medical Expense Limit (Any One Person) Refer to individual policy forms and/or endorsements for various coverage sublimits, if applicable. Item 2. AUDIT PERIOD (If Applicable): ❑ Annually ❑ Semi-Annually ❑ Quarterly ❑ Monthly Item 3. FORM(S) AND ENDORSEMENT(S) madea part ofthis policyattimeofissue: See Listing of Forms and Endorsements(IFG-1-0150) Item 4. COMPOSITE RATE ❑ If box is checked,see Composite Rate Endorsement (IFG-1-0152)for applicable classification, rates and premiums. If box is not checked,see page 2 of these Declarationsfor applicable classifications, rates and premiums. Item 5. RETROACTIVE DATE (CG 00 02 only) : Coverage A of this Insurance does not apply to "bodily injury" or "property damage"which occurs before the Retroactive Date, if any, shown here:NONE (Enter Date or 'None" If no Retroactive Date applies.) Item 6. PREMIUMS $ 1, 370 .00 Total Coverage Part Advance Premium $ Coverage Part MinimumPremium (if applicable) These Declarations are part of the Policy Declarations containing the name of the insured and the policy period. IFG-G-0002-DL 0503 Page 1 of 2 mber: 5o3B013967 COMMERCIAL GENERAL LIABILITY SCHEDULE OF CLASSIFICATIONS AND RATES Named Insured: Effective Date: 01/22/2011 SEBASTIAN RIVER FINE ART & MUSIC FESTIVAL INC. Loc. No. Location Address(Premises you own, rentor occupy): County, C.R. 510 AND US HIGHWAY 1 Borough or Rating Terr. (RIVERVIEW PARK) Parish Bldg. No. SEBASTIAN FL 32958 INDIAN RIV 006 Code No. Classification 42102 Festivals and Celebrations - NOC - including Products and/or Completed Opertions for food consumption only. (Music & Arts Festival - held on 1/22/11 & 1/23/11) 14 Premium is: € �1 ❑ Adjustable(see Premium Base I € I I ; ` , All Other Prod.-C.Ops Premium AuditConditions) X❑ Flat (Not Adjustable) 2 Rate:Per Each $ 660 .000 $INCLUDED x❑ Fully Earned When Written Days Advance Premium: $ 1, 320.00 $ ❑ Minimum Premium Loc. No. Location Address(Premises you own,rent or occupy): County, 1 SAME Borough or Rating Terr. Parish Bldg. No. INDIAN RIV 006 Code No. Classification 49950 Additional Interest - Per form CG2011 Fully Premium is: ❑ € 'I € � i� �� '.� i Adjustable Premium Base All Other Prod.-C.Ops J Premium AuditConditions) ® Flat (Not Adjustable) 1 Rate Per Each $ 50 .000 $ ® Fully Earned When Written AdvancePremium: $ 50 .00 $ ❑ Each Minimum Premium Loc. No. Location Address(Premises you own,rent or occupy): County, Borough or Rating Terr. Bldg. No. Parish Code No. Classification Premium is: !;1 , I 5iiyli ii El Adjustable(see Premium Base 1; , 1 i I All Other Prod.-C.Ops Premium AuditConditions) ( i ❑ Flat(Not Adjustable) Rate $ $ ❑ Fully Earned When Written AdvancePremium: $ 1=1Minimum Premium $ ❑ See Schedule of Classifications and Rates (IFG-G-0003) for additional locations you own, rent or occupy and applicable classifications and rates and premiums. IFG-G-0002-DL 0503 Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PERSONAL AND ADVERTISING INJURY AMENDED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion i. Infringement Of Copyright, Patent, a. False arrest, detention or imprisonment; Trademark Or Trade Secret of 2. Exclusions, b. Malicious prosecution; COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, SECTION I, is deleted in its c. The wrongful eviction from, wrongful entirety and replaced by the following: entry into, or invasion of the right of private occupancy of a room, dwelling This insurance does not apply to: or premises that a person occupies, i. Infringement Of Copyright, Patent, Trade- committed by or on behalf of its owner, mark Or Trade Secret landlord or lessor; "Personal and advertising injury" arising out d. Oral or written publication, in any of the infringement of copyright, patent, manner, of material that slanders or trademark, trade secret or other intellectual libels a person or organization except property rights. that this offense does not include B. Definition 14. "Personal and Advertising Injury" slander or libel that disparages a of SECTION V - "DEFINITIONS", is deleted and person's or organization's goods, replaced in its entirety by the following: products or services; or 14. "Personal and advertising injury" means e. Oral or written publication, in any injury, including consequential "bodily manner, of material that violates a injury", arising out of one or more of the person's right of privacy. following offenses: IFG-G-0062 0203 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - CREDIT CARD TRANSACTIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2, Ex- clusions of Section I -Coverages: 2. Exclusions This insurance does not apply to: Violation Of Statutes That Govern Credit Card Transactions And The Distribution Of Credit Card Information "Bodily injury", "property damage"or"personal and advertising injury"arising, directly or indirectly, out of any action or omission that violates or is alleged to violate: a. The Fair and Accurate Credit Transaction Act (FACTA), including any amendment of or addi- tion to such law; or b. Any statute, ordinance or regulation, other than the FACTA, that prohibits or limits the sending, transmitting, communicating or distribution of credit card information. IFG-G-0098 12 08 Includes copyrighted material of Page 1 of 1 ISO Properties, Inc.,with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - VIOLATION OF STATUTES THAT GOVERN E-MAILS, FAX, PHONE CALLS OR OTHER METHODS OF SENDING MATERIAL OR INFORMATION This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE LIABILITY COVERAGE PART COMMECIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY COVERAGE PART FARM LIABILITY COVERAGE PART FOLLOWING FORM EXCESS LIABILITY COVERAGE PART GARAGE LIABILITY COVERAGE PART MOTOR CARRIER LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS AND COMPLETED OPERATIONS LIABILITY COVERAGE PART TRUCKERS LIABILITY COVERAGE PART A. The following exclusion is added: a. The Telephone Consumer Protection Act This insurance does not apply to: (TCPA), including any amendment of or DISTRIBUTION OF MATERIAL IN VIOLATION OF addition to such law; or STATUTES b. The CAN-SPAM Act of 2003, including any "Bodily injury", "property damage" or "personal amendment of or addition to such law; or and advertising injury" arising directly or c. Any statute, ordinance or regulation, other indirectly out of any action or omission that than the TCPA or CAN-SPAM Act of 2003, violates or is alleged to violate: that prohibits or limits the sending, transmitting, communicating or distribution of material or information. IFG-I-0169 11 05 Contains copyright material with permission, Page 1 of 1 ISO Properties, Inc.,2004 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - PUNITIVE DAMAGES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GARAGE COVERAGE FORM LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph I. of this endorsement is added to 2. F. Paragraph I. of this endorsement is added to 2. Exclusions of Section I - Coverage A - Bodily Exclusions of Section I - Liquor Liability Injury and Property Damage Liability under the Coverage under the Liquor Liability Coverage Commercial General Liability Coverage Form. Form. B. Paragraph I. of this endorsement is added to 2. G. Paragraph I. of this endorsement is added to Exclusions of Section I - Coverage B - Personal Paragraph 2. Exclusions of Section I -Coverages and Advertising Injury Liability under the - Bodily Injury and Property Damage Liability Commercial General Liability Coverage Form. under the Owners And Contractors Protective C. Paragraph I. of this endorsement is added to Liability Coverage Form. Paragraph B. Exclusions of Section II - Liability H. Paragraph I. of this endorsement is added to Coverage under the Garage Coverage Form. Paragraph 2. Exclusions of Section I -Coverages D. When the Personal Injury Liability Coverage - Products/Completed Operations - Bodily Injury Garages endorsement is attached, Paragraph I. of and Property Damage Liability under the this endorsement is added to Paragraph B.1. Products/Completed Operations Liability Exclusions under the Personal Injury Liability Coverage Form. Coverage-Garages endorsement. I. This insurance does not apply to: E. When the Broadened Coverage - Garages Punitive Damages endorsement is attached, Paragraph I. of this Any claim of or indemnification for punitive or endorsement is added to Paragraph B.1. exemplary damages. If a "suit" seeking both Exclusions of Section I - Personal And compensatory and punitive or exemplary damages Advertising Injury Liability Coverage under the has been brought against you for a claim covered Broadened Coverage -Garages endorsement. by this policy, we will provide defense for such action. We will not have any obligation to pay for any fees, including but not limited to attorney fees, costs, interest or damages attributable to punitive or exemplary damages. BG-G-005 05 10 Includes copyrighted material of Page 1 of 1 ISO Properties, Inc.,with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ASBESTOS, SILICA OR OTH ER TOXIC SUBSTANCES This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GARAGE COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph H. of this endorsement is added to 2. H. This insurance does not apply to: Exclusions of Section I - Coverage A - Bodily Asbestos, Silica Or Other Toxic Substances Injury and Property Damage Liability under the Commercial General Liability Coverage Form. "Any injury or damage"caused, in any manner, by B. Paragraph H. of this endorsement is added to 2. asbestos, silica, asbestos dust or silica dust or any other similar fibrous or mineral substance in any Exclusions of Section I - Coverage B - Personal form, whether or not it is incorporated into "your and Advertising Injury Liability under the product or your work". Commercial General Liability Coverage Form. This insurance does not apply to any loss, cost or C. Paragraph H. of this endorsement is added to expense arising out of any request, demand, order Paragraph B. Exclusions of Section II - Liability or statutory or regulatory requirement that any Coverage under the Garage Coverage Form. insured or others test for, monitor, clean up, D. When the Personal Injury Liability Coverage - remove, contain, treat or in any way respond to, or Garages endorsement is attached, Paragraph H. of assess the existence or effects of any such this endorsement is added to Paragraph B.1. substance. Exclusions under the Personal Injury Liability I. The following definitions are added: Coverage -Garages endorsement. E. When the Broadened Coverage Garages 1. For the purposes of this endorsement, "any injury or damage" means any injury or damage endorsement is attached, Paragraph H. of this covered under any Coverage Part to which this endorsement is added to Paragraph B.1. endorsement is applicable,and includes"bodily Exclusions of Section I - Personal And injury", "loss", "property damage","personal and Advertising Injury Liability Coverage under the advertising injury", or "personal injury" as Broadened Coverage-Garages endorsement. defined in the applicable Coverage Part. F. Paragraph H. of this endorsement is added to 2. For the purposes of this endorsement, "your Paragraph 2. Exclusions of Section I - Coverages product or your work" means your product or - Bodily Injury and Property Damage Liability work covered under any Coverage Part to under the Owners And Contractors Protective which this endorsement is applicable, and Liability Coverage Form. includes "products", "work you performed", G. Paragraph H. of this endorsement is added to "your product", or "your work" as defined in the Paragraph 2. Exclusions of Section I - Coverages applicable Coverage Part. Products/Completed Operations - Bodily Injury and Property Damage Liability under the Products/Completed Operations Liability Coverage Form. BG-G-007 07 10 Includes copyrighted material of Page 1 01 ISO Properties, Inc.,with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AM EN DM ENT OF PREMIUM CONDITIONS This endorsement modifies insurance provided under the following: GARAGE COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART A. Paragraph D. of this endorsement replaces the D. Premium Audit Premium Audit Condition of Paragraph 5. of Sec- 1. We will compute all premiums for this Coverage tion IV- Commercial General Liability Conditions Part in accordance with our rules and rates. under the Commercial General Liability Coverage Form. 2. Premium shown in this Coverage Part as advance premium is a minimum and deposit B. Paragraph D. of this endorsement replaces the premium. At the close of each audit period we Premium Audit Condition of Paragraph 5. of Sec- will compute the earned premium for that peri- tion IV - Liquor Liability Conditions under the od. Audit premiums are due and payable on Liquor Liability Coverage Form. notice to the first Named Insured. If the total C. Paragraph D. of this endorsement replaces the earned premium for the policy period is less Premium Audit Condition of Paragraph B.6. of Sec- than the advance premium, the advance premi- tion V - Garage Conditions under the Garage um is the minimum premium and is not subject Coverage Form. to further adjustment. 3. The first Named Insured must keep records of the information we need for premium computa- tion and permit us to audit these records or, at our option, send us copies at such times as we may request. 4. Should you not cooperate with the terms of this condition, including failure to return any questionnaires or self-audit worksheets applying to this or a prior policy term, we may, at our discretion, nonrenew the policy due to our inability to establish a proper premium. We reserve the right to accept coverage based upon the policy advance, or minimum and deposit premium, and we are not obligated to perform an audit. BG-G-039a 12 09 Includes copyrighted material of Page 1 of 1 ISO Properties, Inc.,with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY AM EN DM ENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The definition of "insured contract" in the Paragraph f. does not include that part of DEFINITIONS section is replaced by the following: any contract or agreement: 9. "Insured contract"means: (1) That indemnifies a railroad for "bodily a. A contract for a lease of premises. How- injury,""property damage"or "person- al and advertising injury"arising out of ever, that portion of the contract for a construction or demolition opera- lease of premises that indemnifies any person or organization for damage by fire tions, within 50 feet of any railroad to premises while rented to you or tempo- property and affecting any railroad rarily occupied by you with permission of bridge or trestle, tracks, road-beds, the owner is not an "insured contract"; tunnel, underpass or crossing; b. A sidetrack agreement; (2) That indemnifies an architect, engi- neer or surveyor for injury or damage c. Any easement or license agreement, arising out of: except in connection with construction or (a) Preparing, approving or failing to demolition operations on or within 50 feet prepare or approve maps, shop of a railroad; drawings, opinions, reports, d. An obligation, as required by ordinance, surveys, field orders, change to indemnify a municipality, except in con- orders, or drawings and specifi- nection with work for a municipality; cations; or e. An "elevator"maintenance agreement; (b) Giving directions or instructions, or failing to give them, if that is the f. That part of any other contract or agree- ment pertaining to your business (includ- dcause of the injury or damage;amage; ing an indemnification of a municipality in connection with work performed for a (3) Under which the insured, if an archi- municipality) under which you assume the tect, engineer or surveyor, assumes li- tort liability of another party to pay for ability for an injury or damage arising "bodily injury" or "property damage" to a out of the insured's rendering or fail- third person or organization, provided the ing to render professional services, in- "bodily injury" or "property damage" is cluding those listed in paragraph (2) caused, in whole or in part, by you or by above and supervisory, inspection, those acting on your behalf. Tort liability architectural or engineering services; means a liability that would be imposed or by law in the absence of any contract or (4) That indemnifies any person or organ- agreement. ization for "bodily injury," "property damage"or"personal and advertising injury" arising out of an "occurrence" caused by the sole negligence of said person or organization. BG-G-064 09 08 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - SECTION I INSURING AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 1. Insuring Agreement of Section I - b. This insurance applies to "bodily injury" and Coverage A - Bodily Injury And Property Damage "property damage"only if: Liability is replaced in its entirety with the following: (1) The "bodily injury" or "property damage" 1. Insuring Agreement is caused by an "occurrence"that takes a. We will pay those sums that the insured place in the"coverage territory"; and becomes legally obligated to pay as damages (2) The "bodily injury" or "property damage" because of "bodily injury" or "property occurs during the policy period. damage"to which this insurance applies. We (3) The "bodily injury" and "property will have the right and duty to defend the damage, whether known or unknown to insured against any "suit" seeking those any person: damages. However, we will have no duty to defend the insured against any "suit" seeking (a) Did not first occur prior to the damages for "bodily injury" or "property inception date of the policy; damage" to which this insurance does not (b) Was not in the process of occurring apply. We may, at our discretion, investigate and is not alleged to have been in any "occurrence"and settle any claim or"suit" the process of occurring, as of the that may result. But: inception date of the policy; and (1) The amount we will pay for damages is (c) Was not in the process of limited as described in Section III - Limits settlement, adjustment, "suit" or Of Insurance; and other proceeding of any kind (2) Our right and duty to defend ends when (including, but not limited to, any we have used up the applicable limit of repair attempts or any statutorily insurance in the payment of judgments or mandated loss resolution or pre-suit settlements under Coverages A or B or process) as of the inception date of medical expenses under Coverage C. the policy. No other obligation or liability to pay sums or c. Damages because of "bodily injury" include perform acts or services is covered unless damages claimed by any person or explicitly provided for under Supplementary organization for care, loss of services or Payments-Coverages A and B. death resulting at any time from the "bodily injury". BG-G-446 02 10 Includes copyrighted material of Page 1 of 1 ISO Properties, Inc., with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - EMPLOYER'S LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion e. Employers Liability of 2. Exclusions (b) Performing duties related to the conduct of Section I - Coverage A - Bodily Injury And of the insured's business; or Property Damage Liability is replaced by the following: (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of This insurance does not apply to: Paragraph (1) above. e. Employer's Liability This exclusion applies whether the insured may be liable as an employer or in any other capacity and "Bodily injury"to: to any obligation to share damages with or repay (1) An "employee" of the insured arising out of someone else who must pay damages because of and in the course of: the injury. (a) Employment by the insured; or BG-G-487 09 08 Includes copyrighted material of ISO Properties, Inc. Page 1 of 1 IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEM ENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: C. Under any Liability Coverage, to "bodily injury" A. Under any Liability Coverage, to "bodily injury" or 'property damage" resulting from "hazardous or"property damage": properties"of"nuclear material", if: (1) With respect to which an "insured" under the (1) The "nuclear material" (a) is at any "nuclear policy is also an insured under a nuclear facility" owned by, or operated by or on energy liability policy issued by Nuclear behalf of, an "insured" or (b) has been Energy Liability Insurance Association, discharged or dispersed therefrom; Mutual Atomic Energy Liability Underwriters, (2) The "nuclear material" is contained in "spent Nuclear Insurance Association of Canada or fuel" or 'Waste" at any time possessed, any of their successors, or would be an handled, used, processed, stored, trans- insured under any such policy but for its ported or disposed of, by or on behalf of an termination upon exhaustion of its limit of "insured"; or liability; or (3) The "bodily injury" or "property damage" (2) Resulting from the "hazardous properties" of arises out of the furnishing by an "insured"of "nuclear material" and with respect to which services, materials, parts or equipment in (a) any person or organization is required to connection with the planning, construction, maintain financial protection pursuant to the maintenance, operation or use of any Atomic Energy Act of 1954,or any law amen- "nuclear facility", but if such facility is located datory thereof, or (b) the "insured" is, or had within the United States of America, its terri- this policy not been issued would be, entitled tories or possessions or Canada, this exclu- to indemnity from the United States of Ameri- sion (3) applies only to "property damage"to ca, or any agency thereof, under any agree- such "nuclear facility" and any property ment entered into by the United States of thereat. America, or any agency thereof, with any 2. As used in this endorsement person or organization. "Hazardous properties" includes radioactive, toxic B. Under any Medical Payments coverage, to or explosive properties. expenses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "Nuclear material"means"source material", "special "nuclear material" and arising out of the opera- nuclear material"or"by-product material". tion of a "nuclear facility" by any person or organization. IL 00 21 09 08 ©ISO Properties, Inc., 2007 Page 1 of 2 "Source material", "special nuclear material", and (c) Any equipment or device used for the proc- "by-product material" have the meanings given essing, fabricating or alloying of "special them in the Atomic Energy Act of 1954 or in any law nuclear material" if at any time the total amendatory thereof. amount of such material in the custody of the "Spent fuel" means any fuel element or fuel compo- "insured" at the premises where such equip- nent, solid or liquid, which has been used or ment or device is located consists of or exposed to radiation in a "nuclear reactor". contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or 'Waste" means any waste material (a) containing more than 250 grams of uranium 235; "by-product material" other than the tailings or wastes produced by the extraction or concentration (d) Any structure, basin, excavation, premises or of uranium or thorium from any ore processed place prepared or used for the storage or primarily for its "source material" content, and (b) disposal of"waste", resulting from the operation by any person or and includes the site on which any of the foregoing organization of any "nuclear facility" included under is located, all operations conducted on such site the first two paragraphs of the definition of"nuclear and all premises used for such operations. facility". "Nuclear reactor"means any apparatus designed or "Nuclear facility"means: used to sustain nuclear fission in a self-supporting (a) Any"nuclear reactor", chain reaction or to contain a critical mass of fissionable material. (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or "Property damage" includes all forms of radioactive plutonium, (2) processing or utilizing "spent contamination of property. fuel", or (3) handling, processing or packag- ing "waste"; Page 2 of 2 ©ISO Properties, Inc., 2007 IL 00 21 09 08 COMMERCIAL GENERAL LIABILITY CG 00 01 10 01 COMM ERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read b. This insurance applies to "bodily injury" and the entire policy carefully to determine rights, duties "property damage"only if: and what is and is not covered. (1) The "bodily injury" or "property damage" is Throughout this policy the words"you"and "your" refer caused by an "occurrence"that takes place to the Named Insured shown in the Declarations, and in the"coverage territory"; any other person or organization qualifying as a (2) The "bodily injury" or "property damage" Named Insured under this policy. The words "we", "us" occurs during the policy period; and and "our" refer to the company providing this insur- ance. (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II -Who Is An The word "insured" means any person or organization Insured and no "employee" authorized by qualifying as such under Section II -Who Is An Insured. you to give or receive notice of an "occur- Other words and phrases that appear in quotation rence" or claim, knew that the "bodily injury" marks have special meaning. Refer to Section V - or"property damage"had occurred, in whole Definitions. or in part. If such a listed insured or author- SECTION I -COVERAGES ized "employee" knew, prior to the policy pe- riod, that the "bodily injury" or "property COVERAGE A BODILY INJURY AND PROPERTY damage" occurred, then any continuation, DAMAGELIABILITY change or resumption of such "bodily injury" 1. Insuring Agreement or "property damage" during or after the a. We will pay those sums that the insured be- policy period will be deemed to have been comes legally obligated to pay as damages be- known prior to the policy period. cause of "bodily injury" or "property damage"to c. "Bodily injury" or "property damage" which oc- which this insurance applies. We will have the curs during the policy period and was not, prior right and duty to defend the insured against any to the policy period, known to have occurred by "suit" seeking those damages. However, we will any insured listed under Paragraph 1.of Section have no duty to defend the insured against any II -Who Is An Insured or any "employee"author- "suit" seeking damages for "bodily injury" or ized by you to give or receive notice of an "property damage"to which this insurance does "occurrence" or claim, includes any continua- not apply.We may, at our discretion, investigate tion, change or resumption of that"bodily injury" any "occurrence" and settle any claim or "suit" or "property damage"after the end of the policy that may result. But: period. (1) The amount we will pay for damages is lim- d. "Bodily injury" or "property damage" will be ited as described in Section III - Limits Of deemed to have been known to have occurred Insurance; and at the earliest time when any insured listed (2) Our right and duty to defend ends when we under Paragraph 1. of Section II - Who Is An have used up the applicable limit of Insured or any "employee" authorized by you to insurance in the payment of judgments or give or receive notice of an "occurrence" or settlements under Coverages A or B or claim: medical expenses under Coverage C. (1) Reports all, or any part, of the "bodily injury" No other obligation or liability to pay sums or or "property damage" to us or any other perform acts or services is covered unless insurer, explicitly provided for under Supplementary (2) Receives a written or verbal demand or claim Payments- Coverages A and B. for damages because of the"bodily injury"or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. CG 00 01 10 01 © ISO Properties, Inc., 2000 Page 1 of 16 e. Damages because of "bodily injury" include c. Liquor Liability damages claimed by any person or organization "Bodily injury" or "property damage" for which for care, loss of services or death resulting at any insured may be held liable by reason of: any time from the"bodily injury". 2. Exclusions (1) Causing or contributing to the intoxication of any person; This insurance does not apply to: (2) The furnishing of alcoholic beverages to a a. Expected Or Intended Injury person under the legal drinking age or under "Bodily injury"or"property damage"expected or the influence of alcohol; or intended from the standpoint of the insured. This (3) Any statute, ordinance or regulation relating exclusion does not apply to "bodily injury" to the sale, gift, distribution or use of resulting from the use of reasonable force to alcoholic beverages. protect persons or property. This exclusion applies only if you are in the b. Contractual Liability business of manufacturing, distributing, selling, "Bodily injury" or "property damage" for which serving or furnishing alcoholic beverages. the insured is obligated to pay damages by d. Workers' Compensation And Similar Laws reason of the assumption of liability in a contract Any obligation of the insured under a workers' or agreement. This exclusion does not apply to compensation, disability benefits or unemploy- liability for damages: ment compensation law or any similar law. (1) That the insured would have in the absence e. Employer's Liability of the contract or agreement; or (2) Assumed in a contract or agreement that is "Bodily injury"to: an "insured contract", provided the "bodily (1) An "employee" of the insured arising out of injury" or "property damage" occurs subse- and in the course of: quent to the execution of the contract or (a) Employment by the insured; or agreement. Solely for the purposes of liability (b) Performing duties related to the conduct assumed in an "insured contract", reason- of the insured's business; or able attorney fees and necessary litigation expenses incurred by or for a party other (2) The spouse, child, parent, brother or sister of than an insured are deemed to be damages that "employee" as a consequence of Para- because of "bodily injury" or "property graph (1) above. damage", provided: This exclusion applies: (a) Liability to such party for, or for the cost (1) Whether the insured may be liable as an of, that party's defense has also been employer or in any other capacity; and assumed in the same "insured contract"; and (2) To any obligation to share damages with or repay someone else who must pay damages (b) Such attorney fees and litigation because of the injury. expenses are for defense of that party against a civil or alternative dispute reso- This exclusion does not apply to liability lution proceeding in which damages to assumed by the insured under an "insured which this insurance applies are alleged. contract". Page 2 of 16 © ISO Properties, Inc., 2000 CG 00 01 10 01 f. Pollution (d) At or from any premises, site or location (1) "Bodily injury" or "property damage" arising on which any insured or any contractors out of the actual, alleged or threatened or subcontractors working directly or discharge, dispersal, seepage, migration, indirectly on any insured's behalf are release or escape of"pollutants": performing operations if the "pollutants" are brought on or to the premises, site or (a) At or from any premises, site or location location in connection with such opera- which is or was at any time owned or tions by such insured, contractor or sub- occupied by, or rented or loaned to, any contractor. However, this subparagraph insured. However, this subparagraph does not apply to: does not apply to: (i) "Bodily injury" or "property damage" (i) "Bodily injury" if sustained within a arising out of the escape of fuels, building and caused by smoke, lubricants or other operating fluids fumes, vapor or soot from equipment which are needed to perform the used to heat that building; normal electrical, hydraulic or (ii) "Bodily injury" or "property damage" mechanical functions necessary for for which you may be held liable, if the operation of "mobile equipment" you are a contractor and the owner or or its parts, if such fuels, lubricants or lessee of such premises, site or loca- other operating fluids escape from a tion has been added to your policy as vehicle part designed to hold, store or an additional insured with respect to receive them. This exception does not your ongoing operations performed apply if the "bodily injury"or "property for that additional insured at that damage" arises out of the intentional premises, site or location and such discharge, dispersal or release of the premises, site or location is not and fuels, lubricants or other operating never was owned or occupied by, or fluids, or if such fuels, lubricants or rented or loaned to, any insured, other operating fluids are brought on other than that additional insured; or or to the premises, site or location iii "Bodilyin ur or "property damage" with the intent that they be dis- { } injury" , p Ycharged, dispersed or released as arising out of heat, smoke or fumes from a "hostile fire"; part of the op-erations being per- formed by such insured, contractor or (b) At or from any premises, site or location subcontractor; which is or was at any time used by or for any insured or others for the handling, (ii) "Bodily injury" or "property damage" storage, disposal, processing or treat- sustained within a building and ment of waste; caused by the release of gases, fumes or vapors from materials (c) Which are or were at any time brought into that building in connec- transported, handled, stored, treated, tion with operations being performed disposed of, or processed as waste by or by you or on your behalf by a for: contractor or subcontractor; or (i) Any insured; or • (iii) "Bodily injury" or "property damage" (ii) Any person or organization for whom arising out of heat, smoke or fumes you may be legally responsible; or from a"hostile fire". CG 00 01 10 01 © ISO Properties, Inc., 2000 Page 3 of 16 (e) At or from any premises, site or location (3) Parking an "auto"on, or on the ways next to, on which any insured or any contractors premises you own or rent, provided the or subcontractors working directly or "auto"is not owned by or rented or loaned to indirectly on any insured's behalf are you or the insured; performing operations if the operations (4) Liability assumed under any "insured con- are to test for, monitor, clean up, remove, tract"for the ownership, maintenance or use contain, treat, detoxify or neutralize, or in of aircraft or watercraft; or any way respond to, or assess the effects of, "pollutants". (5) "Bodily injury" or "property damage" arising out of the operation of any of the equipment (2) Any loss, cost or expense arising out of any: listed in Paragraph f.(2) or f.(3) of the defini- (a) Request, demand, order or statutory or tion of"mobile equipment". regulatory requirement that any insured h. Mobile Equipment or others test for, monitor, clean up, remove, contain, treat, detoxify or neu- "Bodily injury" or "property damage" arising out tralize, or in any way respond to, or of: assess the effects of, "pollutants"; or (1) The transportation of"mobile equipment" by (b) Claim or "suit" by or on behalf of a an "auto"owned or operated by or rented or governmental authority for damages loaned to any insured; or because of testing for, monitoring, clean- (2) The use of"mobile equipment" in, or while in ing up, removing, containing, treating, practice for, or while being prepared for, any detoxifying or neutralizing, or in any way prearranged racing, speed, demolition, or responding to, or assessing the effects stunting activity. of, "pollutants". i. War However, this paragraph does not apply to li- "Bodily injury" or"property damage"due to war, ability for damages because of "property whether or not declared, or any act or condition damage"that the insured would have in the incident to war. War includes civil war, insurrec- absence of such request, demand, order or tion, rebellion or revolution. This exclusion ap- statutory or regulatory requirement, or such plies only to liability assumed under a contract claim or "suit" by or on behalf of a govern- mental authority. or agreement. g. Aircraft,Auto Or Watercraft j. Damage To Property "Bodily injury" or "property damage" arising out "Property damage"to: of the ownership, maintenance, use or entrust- (1) Property you own, rent, or occupy, including ment to others of any aircraft, "auto" or water- any costs or expenses incurred by you, or craft owned or operated by or rented or loaned any other person, organization or entity, for to any insured. Use includes operation and repair, replacement, enhancement, restora- "loading or unloading". tion or maintenance of such property for any reason, including prevention of injury to a This exclusion applies even if the claims against person or damage to another's property; any insured allege negligence or other wrong- doing in the supervision, hiring, employment, (2) Premises you sell, give away or abandon, if training or monitoring of others by that insured, the "property damage"arises out of any part if the "occurrence" which caused the "bodily of those premises; injury"or"property damage"involved the owner- (3) Property loaned to you; ship, maintenance, use or entrustment to others (4) Personal property in the care, custody or of any aircraft, "auto"or watercraft that is owned or operated by or rented or loaned to any control of the insured; insured. (5) That particular part of real property on which This exclusion does not apply to: you or any contractors or subcontractors working directly or indirectly on your behalf (1) A watercraft while ashore on premises you are performing operations, if the "property own or rent; damage"arises out of those operations; or (2) A watercraft you do not own that is: (6) That particular part of any property that must (a) Less than 26 feet long; and be restored, repaired or replaced because (b) Not being used to carry persons or prop- "your work"was incorrectly performed on it. erty for a charge; Page 4 of 16 © ISO Properties, Inc., 2000 CG 00 01 10 01 Paragraphs (1), (3) and (4) of this exclusion do n. Recall Of Products,Work Or Impaired not apply to "property damage" (other than Property damage by fire) to premises, including the con- Damages claimed for any loss, cost or expense tents of such premises, rented to you for a peri- incurred by you or others for the loss of use, od of 7 or fewer consecutive days. A separate withdrawal, recall, inspection, repair, replace- limit of insurance applies to Damage To Prem- ment, adjustment, removal or disposal of: ises Rented To You as described in Section III - Limits Of Insurance. (1) "Your product"; Paragraph (2) of this exclusion does not apply if (2) "Your work"; or the premises are"your work"and were never oc- (3) "Impaired property"; cupied, rented or held for rental by you. if such product, work, or property is withdrawn Paragraphs (3), (4), (5) and (6) of this exclusion or recalled from the market or from use by any do not apply to liability assumed under a side- person or organization because of a known or track agreement. suspected defect, deficiency, inadequacy or Paragraph (6) of this exclusion does not apply dangerous condition in it. to "property damage" included in the o. Personal And Advertising Injury "products-completed operations hazard". "Bodily injury" arising out of "personal and k. Damage To Your Product advertising injury". "Property damage"to "your product" arising out Exclusions c. through n.do not apply to damage by of it or any part of it. fire to premises while rented to you or temporarily I. Damage To Your Work occupied by you with permission of the owner. A separate limit of insurance applies to this coverage "Property damage"to "your work" arising out of as described in Section III - Limits Of Insurance. it or any part of it and included in the "products-completed operations hazard". COVERAGE B PERSONAL AND ADVERTISING This exclusion does not apply if the damaged INJURY LIABILITY work or the work out of which the damage arises 1. Insuring Agreement was performed on your behalf by a subcontrac- a. We will pay those sums that the insured tor. becomes legally obligated to pay as damages m. Damage To Impaired Property Or Property because of "personal and advertising injury" to Not Physically Injured which this insurance applies. We will have the right and duty to defend the insured against any "Property damage" to "impaired property" or "suit" seeking those damages. However, we will property that has not been physically injured, have no duty to defend the insured against any arising out of: "suit" seeking damages for "personal and adver- (1) A defect, deficiency, inadequacy or danger- tising injury" to which this insurance does not ous condition in "your product" or "your apply. We may, at our discretion, investigate any work"; or offense and settle any claim or "suit" that may (2) A delay or failure by you or anyone acting on result. But: your behalf to perform a contract or agree- (1) The amount we will pay for damages is ment in accordance with its terms. limited as described in Section III - Limits Of This exclusion does not apply to the loss of use Insurance ; and of other property arising out of sudden and acci- (2) Our right and duty to defend end when we dental physical injury to "your product" or "your have used up the applicable limit of insur- work"after it has been put to its intended use. ance in the payment of judgments or settle- ments under Coverages A or B or medical expenses under Coverage C. CG 00 01 10 01 © ISO Properties, Inc., 2000 Page 5 of 16 No other obligation or liability to pay sums or g. Quality Or Performance Of Goods-Failure To perform acts or services is covered unless ex- Conform To Statements plicitly provided for under Supplementary Pay- "Personal and advertising injury" arising out of ments-Coverages A and B. the failure of goods, products or services to b. This insurance applies to "personal and advertis- conform with any statement of quality or ing injury" caused by an offense arising out of performance made in your"advertisement". your business but only if the offense was corn- h. Wrong Description Of Prices mitted in the "coverage territory"during the poli- cy period. "Personal and advertising injury" arising out of the wrong description of the price of goods, 2. Exclusions products or services stated in your "advertise- This insurance does not apply to: ment". a. Knowing Violation Of Rights Of Another i. Infringement Of Copyright, Patent,Trademark "Personal and advertising injury"caused by or at Or Trade Secret the direction of the insured with the knowledge "Personal and advertising injury" arising out of that the act would violate the rights of another the infringement of copyright, patent,trademark, and would inflict "personal and advertising in- trade secret or other intellectual property rights. jury". However, this exclusion does not apply to b. Material Published With Knowledge Of Falsity infringement, in your "advertisement", of copy- "Personal and advertising injury" arising out of right,trade dress or slogan. oral or written publication of material, if done by j. Insureds In Media And Internet Type or at the direction of the insured with knowledge Businesses of its falsity. "Personal and advertising injury" committed by c. Material Published Prior To Policy Period an insured whose business is: "Personal and advertising injury" arising out of (1) Advertising, broadcasting, publishing or tele- oral or written publication of material whose first casting; publication took place before the beginning of (2) Designing or determining content of the policy period. web-sites for others; or d. Criminal Acts (3) An Internet search, access, content or serv- "Personal and advertising injury" arising out of a ice provider. criminal act committed by or at the direction of However, this exclusion does not apply to Para- the insured. graphs 14.a., b. and c. of"personal and adver- e. Contractual Liability tising injury"under the Definitions Section. "Personal and advertising injury" for which the For the purposes of this exclusion, the placing insured has assumed liability in a contract or of frames, borders or links, or advertising, for agreement. This exclusion does not apply to you or others anywhere on the Internet, is not by liability for damages that the insured would have itself, considered the business of advertising, in the absence of the contract or agreement. broadcasting, publishing or telecasting. f. Breach Of Contract k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury"arising out of a "Personal and advertising injury" arising out of breach of contract, except an implied contract an electronic chatroom or bulletin board the to use another's advertising idea in your "adver- insured hosts, owns, or over which the insured tisement". exercises control. Page CG 00 01 10 01 9 © ISO Properties, Inc., 2000 II ' I. Unauthorized Use Of Another's Name Or (2) Necessary medical, surgical, x-ray and Product dental services, including prosthetic devices; "Personal and advertising injury" arising out of and the unauthorized use of another's name or prod- (3) Necessary ambulance, hospital, professional uct in your e-mail address, domain name or nursing and funeral services. metatag, or any other similar tactics to mislead 2. Exclusions another's potential customers. m. Pollution We will not pay expenses for"bodily injury": a. Any Insured "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dis- any insured, except"volunteer workers". persal, seepage, migration, release or escape of b. Hired Person "pollutants"at any time. To a person hired to do work for or on behalf of n. Pollution-Related any insured or a tenant of any insured. Any loss, cost or expense arising out of any: c. Injury On Normally Occupied Premises (1) Request, demand or order that any insured To a person injured on that part of premises you or others test for, monitor, clean up, remove, own or rent that the person normally occupies. contain,treat, detoxify or neutralize, or in any d. Workers Compensation And Similar Laws way respond to, or assess the effects of, "pollutants"; or To a person, whether or not an "employee" of (2) Claim or suit by or on behalf of a any insured, if benefits for the "bodily injury" are governmental authority for damages be- payable or must be provided under a workers' cause of testing for, monitoring, cleaning up, compensation or disability benefits law or a removing, containing,treating, detoxifying or similar law. neutralizing, or in any way responding to, or e. Athletics Activities assessing the effects of, "pollutants". To a person injured while taking part in athletics. COVERAGE C MEDICAL PAYMENTS f. Products-Completed Operations Hazard 1. Insuring Agreement Included within the "products-completed opera- a. We will pay medical expenses as described be- tions hazard". low for"bodily injury"caused by an accident: g. Coverage A Exclusions (1) On premises you own or rent; Excluded under Coverage A. (2) On ways next to premises you own or rent; h. War or Due to war, whether or not declared, or any act (3) Because of your operations; or condition incident to war. War includes civil provided that: war, insurrection, rebellion or revolution. (1) The accident takes place in the "coverage SUPPLEMENTARY PAYMENTS-COVERAGES A territory"and during the policy period; AND B (2) The expenses are incurred and reported to 1. We will pay,with respect to any claim we investigate us within one year of the date of the acci- or settle, or any "suit"against an insured we defend: dent; and a. All expenses we incur. (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the appli- cable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an acci- dent; CG 00 01 10 01 © ISO Properties, Inc., 2000 Page 7 of 16 b. Up to $250 for cost of bail bonds required e. The indemnitee and the insured ask us to con- because of accidents or traffic law violations duct and control the defense of that indemnitee arising out of the use of any vehicle to which the against such "suit"and agree that we can assign Bodily Injury Liability Coverage applies. We do the same counsel to defend the insured and the not have to furnish these bonds. indemnitee; and c. The cost of bonds to release attachments, but f. The indemnitee: only for bond amounts within the applicable limit (1) Agrees in writing to: of insurance. We do not have to furnish these bonds. (a) Cooperate with us in the investigation, settlement or defense of the"suit'; d. All reasonable expenses incurred by the insured (b) Immediately send us copies of any at our request to assist us in the investigation or defense of the claim or "suit", including actual demands, notices, summonses or legal loss of earnings up to $250 a day because of papers received in connection with the time off from work. "suit"; e. All costs taxed against the insured in the"suit". (c) Notify any other insurer whose coverage is available to the indemnitee; and f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If (d) Cooperate with us with respect to coordi- we make an offer to pay the applicable limit of Hating other applicable insurance avail- insurance, we will not pay any prejudgment able to the indemnitee; and interest based on that period of time after the (2) Provides us with written authorization to: offer. (a) Obtain records and other information g. All interest on the full amount of any judgment related to the"suit"; and that accrues after entry of the judgment and be- fore we have paid, offered to pay, or deposited (b) Conduct and control the defense of the in court the part of the judgment that is within indemnitee in such "suit". the applicable limit of insurance. So long as the above conditions are met, attorneys' These payments will not reduce the limits of insur- fees incurred by us in the defense of that indemnit- ee, necessary litigation expenses incurred by us ance. and necessary litigation expenses incurred by the 2. If we defend an insured against a "suit" and an indemnitee at our request will be paid as Supple- indemnitee of the insured is also named as a party mentary Payments. Notwithstanding the provisions to the "suit", we will defend that indemnitee if all of of Paragraph 2.b.(2) of Section I - Coverage A - the following conditions are met: Bodily Injury And Property Damage Liability, such a. The "suit" against the indemnitee seeks dam- payments will not be deemed to be damages for ages for which the insured has assumed the "bodily injury" and "property damage" and will not liability of the indemnitee in a contract or agree- reduce the limits of insurance. ment that is an "insured contract"; Our obligation to defend an insured's indemnitee b. This insurance applies to such liability assumed and to pay for attorneys' fees and necessary litiga- by the insured; tion expenses as Supplementary Payments ends when: c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been a. We have used up the applicable limit of insur- assumed by the insured in the same "insured ance in the payment of judgments or settle- contract"; ments; or d. The allegations in the "suit" and the information b. The conditions set forth above, or the terms of we know about the "occurrence" are such that the agreement described in Paragraph f. above, no conflict appears to exist between the inter- are no longer met. ests of the insured and the interests of the indemnitee; Page 8 of 16 © ISO Properties, Inc., 2000 CG 00 01 10 01 SECTION II-WHO IS AN INSURED (b) To the spouse, child, parent, brother or 1. If you are designated in the Declarations as: sister of that co-"employee"or "volunteer worker" as a consequence of Paragraph a. An individual, you and your spouse are (1)(a) above; insureds, but only with respect to the conduct of a business of which you are the sole owner. (c) For which there is any obligation to share damages with or repay someone else b. A partnership or joint venture, you are an who must pay damages because of the insured. Your members, your partners, and their injury described in Paragraphs (1)(a) or spouses are also insureds, but only with respect (b) above; or to the conduct of your business. (d) Arising out of his or her providing or fail- c. A limited liability company, you are an insured. ing to provide professional health care Your members are also insureds, but only with services. respect to the conduct of your business. Your managers are insureds, but only with respect to (2) "Property damage"to property: their duties as your managers. (a) Owned, occupied or used by, d. An organization other than a partnership, joint (b) Rented to, in the care, custody or control venture or limited liability company, you are an of, or over which physical control is being insured. Your "executive officers" and directors exercised for any purpose by are insureds, but only with respect to their duties you, any of your "employees", "volunteer as your officers or directors. Your stockholders workers", any partner or member (if you are are also insureds, but only with respect to their a partnership or joint venture), or any mem- liability as stockholders. ber(if you are a limited liability company). e. A trust, you are an insured. Your trustees are b. Any person (other than your "employee" or also insureds, but only with respect to their "volunteer worker"), or any organization while duties as trustees. acting as your real estate manager. 2. Each of the following is also an insured: c. Any person or organization having proper tem- a. Your "volunteer workers" only while performing porary custody of your property if you die, but duties related to the conduct of your business, only: or your "employees", other than either your (1) With respect to liability arising out of the "executive officers" (if you are an organization maintenance or use of that property; and other than a partnership, joint venture or limited liability company) or your managers(if you are a (2) Until your legal representative has been limited liability company), but only for acts within appointed. the scope of their employment by you or while d. Your legal representative if you die, but only with performing duties related to the conduct of your respect to duties as such. That representative business. However, none of these "employees" will have all your rights and duties under this or"volunteer workers"are insureds for: Coverage Part. (1) "Bodily injury" or "personal and advertising 3. With respect to "mobile equipment" registered in injury": your name under any motor vehicle registration law, (a) To you, to your partners or members (if any person is an insured while driving such equip- you are a partnership or joint venture), to ment along a public highway with your permission. your members (if you are a limited liability Any other person or organization responsible for company), to a co-"employee" while in the conduct of such person is also an insured, but the course of his or her employment or only with respect to liability arising out of the opera- performing duties related to the conduct tion of the equipment, and only if no other insur- of your business, or to your other "volun- ance of any kind is available to that person or or- teer workers" while performing duties re- ganization for this liability. However, no person or lated to the conduct of your business; organization is an insured with respect to: a. "Bodily injury" to a co-"employee" of the person driving the equipment; or b. "Property damage"to property owned by, rent- ed to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. CG 00 01 10 01 © ISO Properties, Inc., 2000 Page 9 of 16 4. Any organization you newly acquire or form, other 5. Subject to 2. or 3. above, whichever applies, the than a partnership, joint venture or limited liability Each Occurrence Limit is the most we will pay for company, and over which you maintain ownership the sum of: or majority interest, will qualify as a Named Insured a. Damages under Coverage A; and if there is no other similar insurance available to that organization. However b. Medical expenses under Coverage C a. Coverage under this provision is afforded only because of all"bodily injury" and "property damage" until the 90th day after you acquire or form the arising out of any one"occurrence". organization or the end of the policy period, 6. Subject to 5. above, the Damage To Premises whichever is earlier; Rented To You Limit is the most we will pay under b. Coverage A does not apply to "bodily injury" or Coverage A for damages because of "property "property damage" that occurred before you damage"to any one premises, while rented to you, acquired or formed the organization; and or in the case of damage by fire,while rented to you or tem-porarily occupied by you with permission of c. Coverage B does not apply to "personal and the owner. advertising injury"arising out of an offense com- mitted before you acquired or formed the organ- 7. Subject to 5. above, the Medical Expense Limit is ization. the most we will pay under Coverage C for all medi- cal expenses because of "bodily injury" sustained No person or organization is an insured with respect to by any one person. the conduct of any current or past partnership, joint venture or limited liability company that is not shown as The Limits of Insurance of this Coverage Part apply a Named Insured in the Declarations. separately to each consecutive annual period and to any remaining period of less than 12 months, starting SECTION III - LIMITS OF INSURANCE with the beginning of the policy period shown in the 1. The Limits of Insurance shown in the Declarations Declarations, unless the policy period is extended after and the rules below fix the most we will pay regard- issuance for an additional period of less than 12 less of the number of: months. In that case, the additional period will be a. Insureds; deemed part of the last preceding period for purposes of determining the Limits of Insurance. b. Claims made or"suits"brought; or SECTION IV-COMMERCIAL GENERAL LIABILITY c. Persons or organizations making claims or CONDITIONS bringing "suits". 1. Bankruptcy 2. The General Aggregate Limit is the most we will pay for the sum of: Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations a. Medical expenses under Coverage C; under this Coverage Part. b. Damages under Coverage A, except damages 2. Duties In The Event Of Occurrence, Offense, because of "bodily injury" or "property damage" Claim Or Suit included in the "products-completed operations hazard"; and a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense c. Damages under Coverage B. which may result in a claim.To the extent possi- 3. The Products-Completed Operations Aggregate ble, notice should include: Limit is the most we will pay under Coverage A for (1) How, when and where the "occurrence" or damages because of "bodily injury" and "property offense took place; damage"included in the"products-completed oper- ations hazard". (2) The names and addresses of any injured persons and witnesses; and 4. Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage (3) The nature and location of any injury or B for the sum of all damages because of all"person- damage arising out of the "occurrence" or al and advertising injury" sustained by any one per- offense. son or organization. Page 10 of 16 © ISO Properties, Inc., 2000 CG 00 01 10 01 b. If a claim is made or"suit" is brought against any 4. Other Insurance insured, you must: If other valid and collectible insurance is available to (1) Immediately record the specifics of the claim the insured for a loss we cover under Coverages A or"suit"and the date received; and or B of this Coverage Part, our obligations are lim- (2) Notify us as soon as practicable. ited as follows: You must see to it that we receive written notice a. Primary Insurance of the claim or"suit"as soon as practicable. This insurance is primary except when b. below c. You and any other involved insured must: applies. If this insurance is primary, our obliga- tions are not affected unless any of the other (1) Immediately send us copies of any de- insurance is also primary. Then, we will share mands, notices, summonses or legal papers with all that other insurance by the method received in connection with the claim or described in c. below. "suit"; b. Excess Insurance (2) Authorize us to obtain records and other information; This insurance is excess over: (3) Cooperate with us in the investigation or (1) Any of the other insurance, whether primary, settlement of the claim or defense against excess, contingent or on any other basis: the"suit"; and (a) That is Fire, Extended Coverage, (4) Assist us, upon our request, in the enforce- Builder's Risk, Installation Risk or similar ment of any right against any person or coverage for"your work"; organization which may be liable to the (b) That is Fire insurance for premises rented insured because of injury or damage to to you or temporarily occupied by you which this insurance may also apply. with permission of the owner; d. No insured will, except at that insured's own (c) That is insurance purchased by you to cost, voluntarily make a payment, assume any cover your liability as a tenant for "prop- obligation, or incur any expense, other than for erty damage" to premises rented to you first aid,without our consent. or temporarily occupied by you with 3. Legal Action Against Us permission of the owner; or No person or organization has a right under this (d) If the loss arises out of the maintenance Coverage Part: or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of a. To join us as a party or otherwise bring us into a Section I - Coverage A- Bodily Injury And "suit"asking for damages from an insured; or Property Damage Liability. b. To sue us on this Coverage Part unless all of its (2) Any other primary insurance available to you terms have been fully complied with. covering liability for damages arising out of A person or organization may sue us to recover on the premises or operations for which you an agreed settlement or on a final judgment against have been added as an additional insured by an insured; but we will not be liable for damages attachment of an endorsement. that are not payable under the terms of this Cover- age Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settle- ment and release of liability signed by us, the in- sured and the claimant or the claimant's legal repre- sentative. CG 00 01 10 01 © ISO Properties, Inc., 2000 Page 11 of 16 When this insurance is excess, we will have no 6. Representations duty under Coverages A or B to defend the in- By accepting this policy,you agree: sured against any"suit"if any other insurer has a duty to defend the insured against that "suit". If a. The statements in the Declarations are accurate no other insurer defends, we will undertake to and complete; do so, but we will be entitled to the insured's b. Those statements are based upon representa- rights against all those other insurers. tions you made to us; and When this insurance is excess over other insur- c. We have issued this policy in reliance upon your ance, we will pay only our share of the amount representations. of the loss, if any,that exceeds the sum of: 7. Separation Of Insureds (1) The total amount that all such other insur- Except with respect to the Limits of Insurance, and ance would pay for the loss in the absence of any rights or duties specifically assigned in this this insurance; and Coverage Part to the first Named Insured, this insur- (2) The total of all deductible and self-insured ance applies: amounts under all that other insurance. a. As if each Named Insured were the only Named We will share the remaining loss, if any,with any Insured; and other insurance that is not described in this b. Separately to each insured against whom claim Excess Insurance provision and was not bought is made or"suit"is brought. specifically to apply in excess of the Limits of Insurance shown in the Declarations of this 8. Transfer Of Rights Of Recovery Against Others To Coverage Part. Us c. Method Of Sharing If the insured has rights to recover all or part of any payment we have made under this Coverage Part, If all of the other insurance permits contribution those rights are transferred to us. The insured must by equal shares, we will follow this method also. do nothing after loss to impair them. At our request, Under this approach each insurer contributes the insured will bring "suit"or transfer those rights to equal amounts until it has paid its applicable lim- us and help us enforce them. it of insurance or none of the loss remains, whichever comes first. 9. When We Do Not Renew If any of the other insurance does not permit If we decide not to renew this Coverage Part,we will contribution by equal shares, we will contribute mail or deliver to the first Named Insured shown in by limits. Under this method, each insurer's the Declarations written notice of the nonrenewal share is based on the ratio of its applicable limit not less than 30 days before the expiration date. of insurance to the total applicable limits of If notice is mailed, proof of mailing will be sufficient insurance of all insurers. proof of notice. 5. Premium Audit SECTION V- DEFINITIONS a. We will compute all premiums for this Coverage 1. "Advertisement" means a notice that is broadcast or Part in accordance with our rules and rates. published to the general public or specific market b. Premium shown in this Coverage Part as ad- segments about your goods, products or services vance premium is a deposit premium only. At for the purpose of attracting customers or support- the close of each audit period we will compute ers. For the purposes of this definition: the earned premium for that period and send a. Notices that are published include material notice to the first Named Insured. The due date placed on the Internet or on similar electronic for audit and retrospective premiums is the date means of communication; and shown as the due date on the bill. If the sum of the advance and audit premiums paid for the b. Regarding web-sites, only that part of a web-site policy period is greater than the earned premi- that is about your goods, products or services um, we will return the excess to the first Named for the purposes of attracting customers or sup- Insured. porters is considered an advertisement. c. The first Named Insured must keep records of 2. "Auto" means a land motor vehicle, trailer or semi- the information we need for premium computa- trailer designed for travel on public roads, including tion, and send us copies at such times as we any attached machinery or equipment. But "auto" may request. does not include"mobile equipment". Page 12 of 16 © ISO Properties, Inc., 2000 CG 00 01 10 01 3. "Bodily injury" means bodily injury, sickness or dis- 9. "Insured contract"means: ease sustained by a person, including death result- a. A contract for a lease of premises. However, that ing from any of these at any time. portion of the contract for a lease of premises 4. "Coverage territory"means: that indemnifies any person or organization for a. The United States of America (including its terri- damage by fire to premises while rented to you tories and possessions) Puerto Rico and or temporarily occupied by you with permission Canada; of the owner is not an "insured contract" b. International waters or airspace, but only if the b. A sidetrack agreement; injury or damage occurs in the course of travel c. Any easement or license agreement, except in or transportation between any places included connection with construction or demolition in a. above; or operations on or within 50 feet of a railroad; c. All other parts of the world if the injury or d. An obligation, as required by ordinance, to damage arises out of: indemnify a municipality, except in connection (1) Goods or products made or sold by you in with work for a municipality; the territory described in a. above; e. An elevator maintenance agreement; (2) The activities of a person whose home is in f. That part of any other contract or agreement the territory described in a. above, but is pertaining to your business (including an indem- away for a short time on your business; or nification of a municipality in connection with (3) "Personal and advertising injury" offenses work performed for a municipality) under which that take place through the Internet or similar you assume the tort liability of another party to electronic means of communication pay for "bodily injury"or "property damage"to a third person or organization. Tort liability means provided the insured's responsibility to pay dam- a liability that would be imposed by law in the ages is determined in a "suit" on the merits, in the absence of any contract or agreement. territory described in a. above or in a settlement we agree to. Paragraph f. does not include that part of any contract or agreement: 5. "Employee" includes a "leased worker". "Employee" (1) That indemnifies a railroad for "bodily injury" does not include a"temporary worker". or "property damage" arising out of con- 6. "Executive officer" means a person holding any of struction or demolition operations, within 50 the officer positions created by your charter, consti- feet of any railroad property and affecting tution, by-laws or any other similar governing docu- any railroad bridge or trestle, tracks, ment. road-beds,tunnel, underpass or crossing; 7. "Hostile fire" means one which becomes uncontrol- (2) That indemnifies an architect, engineer or table or breaks out from where it was intended to surveyor for injury or damage arising out of: be. (a) Preparing, approving, or failing to pre- 8. "Impaired property" means tangible property, other pare or approve, maps, shop drawings, than "your product" or "your work", that cannot be opinions, reports, surveys, field orders, used or is less useful because: change orders or drawings and a. It incorporates "your product" or "your work" specifications; or that is known or thought to be defective, (b) Giving directions or instructions, or failing deficient, inadequate or dangerous; or to give them, if that is the primary cause b. You have failed to fulfill the terms of a contract of the injury or damage; or or agreement; (3) Under which the insured, if an architect, en- if such property can be restored to use by: gineer or surveyor, assumes liability for an a. The repair, replacement, adjustment or removal injury or damage arising out of the insured's of"your product"or"your work"; or rendering or failure to render professional services, including those listed in (2) above b. Your fulfilling the terms of the contract or agree- and supervisory, inspection, architectural or ment. engineering activities. CG 00 01 10 01 © ISO Properties, Inc., 2000 Page 13 of 16 10."Leased worker"means a person leased to you by a f. Vehicles not described in a., b., c. or d. above labor leasing firm under an agreement between you maintained primarily for purposes other than the and the labor leasing firm, to perform duties related transportation of persons or cargo. to the conduct of your business. "Leased worker" However, self-propelled vehicles with the follow- does not include a"temporary worker". ing types of permanently attached equipment 11."Loading or unloading" means the handling of prop- are not "mobile equipment" but will be consid- erty: ered "autos": a. After it is moved from the place where it is ac- (1) Equipment designed primarily for: cepted for movement into or onto an aircraft, (a) Snow removal; watercraft or"auto"; b. While it is in or on an aircraft, watercraft or (b) Road maintenance, but not construction or resurfacing; or "auto" or (c) Street cleaning; c. While it is being moved from an aircraft, water- craft or "auto" to the place where it is finally de- livered; on automobile or truck chassis and used to raise or lower workers; and but "loading or unloading" does not include the movement of property by means of a mechanical (3) Air compressors, pumps and generators, device, other than a hand truck, that is not attached including spraying, welding, building clean- to the aircraft,watercraft or"auto". ing, geophysical exploration, lighting and well servicing equipment. 12."Mobile equipment" means any of the following types of land vehicles, including any attached ma- 13."Occurrence" means an accident, including contin- chinery or equipment: uous or repeated exposure to substantially the same general harmful conditions. a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public 14."Personal and advertising injury" means injury, roads; including consequential "bodily injury", arising out of one or more of the following offenses: b. Vehicles maintained for use solely on or next to premises you own or rent; a. False arrest, detention or imprisonment; c. Vehicles that travel on crawler treads; b. Malicious prosecution; d. Vehicles, whether self-propelled or not, main- c. The wrongful eviction from, wrongful entry into, tained primarily to provide mobility to perma- or invasion of the right of private occupancy of a nently mounted: room, dwelling or premises that a person occu- pies, committed by or on behalf of its owner, (1) Power cranes, shovels, loaders, diggers or landlord or lessor; drills; or d. Oral or written publication, in any manner, of (2) Road construction or resurfacing equipment material that slanders or libels a person or or- such as graders, scrapers or rollers; ganization or disparages a person's or organiza- e. Vehicles not described in a., b., c. or d. above tion's goods, products or services; that are not self-propelled and are maintained e. Oral or written publication, in any manner, of primarily to provide mobility to permanently material that violates a person's right of privacy; attached equipment of the following types: f. The use of another's advertising idea in your (1) Air compressors, pumps and generators, in- "advertisement"; or cluding spraying, welding, building cleaning, geophysical exploration, lighting and well g. Infringing upon another's copyright, trade dress servicing equipment; or or slogan in your"advertisement". (2) Cherry pickers and similar devices used to raise or lower workers; Page 14 of 16 © ISO Properties, Inc., 2000 CG 00 01 10 01 15."Pollutants" mean any solid, liquid, gaseous or ther- b. Loss of use of tangible property that is not mal irritant or contaminant, including smoke, vapor, physically injured. All such loss of use shall be soot, fumes, acids, alkalis, chemicals and waste. deemed to occur at the time of the "occurrence" Waste includes materials to be recycled, recondi- that caused it. tinned or reclaimed. For the purposes of this insurance, electronic data 16."Products-completed operations hazard": is not tangible property. a. Includes all "bodily injury" and "property dam- As used in this definition, electronic data means age"occurring away from premises you own or information, facts or programs stored as or on, cre- rent and arising out of "your product" or "your ated or used on, or transmitted to or from computer work"except: software, including systems and applications soft- (1) Products that are still in your physical pos ware, hard or floppy disks, CD-ROMS,tapes, drives, session; or cells, data processing devices or any other media which are used with electronically controlled equip- (2) Work that has not yet been completed or ment. abandoned. However, "your work" will be deemed completed at the earliest of the 18."Suit" means a civil proceeding in which damages following times: because of "bodily injury", "property damage" or "personal and advertising injury"to which this insur- (a) When all of the work called for in your ance applies are alleged. "Suit"includes: contract has been completed. a. An arbitration proceeding in which such dam- (b) When all of the work to be done at the job ages are claimed and to which the insured must site has been completed if your contract submit or does submit with our consent; or calls for work at more than one job site. b. Any other alternative dispute resolution pro- (c) When that part of the work done at a job ceeding in which such damages are claimed site has been put to its intended use by and to which the insured submits with our con- any person or organization other than sent. another contractor or subcontractor working on the same project. 19."Temporary worker" means a person who is fur- nished to you to substitute for a permanent "em- Work that may need service, maintenance, ployee"on leave or to meet seasonal or short-term correction, repair or replacement, but which workload conditions. is otherwise complete, will be treated as completed. 20."Volunteer worker" means a person who is not your "employee", and who donates his or her work and b. Does not include "bodily injury" or "property acts at the direction of and within the scope of du- damage"arising out of: ties determined by you, and is not paid a fee, salary (1) The transportation of property, unless the in- or other compensation by you or anyone else for jury or damage arises out of a condition in or their work performed for you. on a vehicle not owned or operated by you, 21."Your product": and that condition was created by the "load- ing or unloading" of that vehicle by any in- a. Means: sured; (1) Any goods or products, other than real prop- (2) The existence of tools, uninstalled equip erty, manufactured, sold, handled, distrib- ment or abandoned or unused materials; or uted or disposed of by: (3) Products or operations for which the classifi- (a) You; cation, listed in the Declarations or in a poli- (b) Others trading under your name; or cy schedule, states that products-completed (c) A person or organization whose business operations are subject to the General Aggre- or assets you have acquired; and gate Limit. (2) Containers (other than vehicles), materials, 17."Property damage"means: parts or equipment furnished in connection a. Physical injury to tangible property, including all with such goods or products. resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or CG 00 01 10 01 © ISO Properties, Inc., 2000 Page 15 of 16 b. Includes 22."Your work": (1) Warranties or representations made at any a. Means: time with respect to the fitness, quality, dura- (1) Work or operations performed by you or on bility, performance or use of "your product"; your behalf; and and (2) Materials, parts or equipment furnished in (2) The providing of or failure to provide warn- connection with such work or operations. ings or instructions. b. Includes c. Does not include vending machines or other property rented to or located for the use of (1) Warranties or representations made at any others but not sold. time with respect to the fitness, quality, dura- bility, performance or use of"your work", and (2) The providing of or failure to provide warn- ings or instructions. Page 16 of 16 © ISO Properties, Inc., 2000 CG 00 01 10 01 COMMERCIAL GENERAL LIABILITY CG 00 62 12 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAR LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion i. under Paragraph 2., Exclusions of B. The following exclusion is added to Paragraph 2., Section I - Coverage A - Bodily Injury And Prop- Exclusions of Section I - Coverage B - Personal erty Damage Liability is replaced by the following: And Advertising Injury Liability: 2. Exclusions 2. Exclusions This insurance does not apply to: This insurance does not apply to: i. War WAR "Bodily injury" or "property damage", how- "Personal and advertising injury", however ever caused, arising, directly or indirectly, caused, arising, directly or indirectly, out of: out of: a. War, including undeclared or civil war; or (1) War, including undeclared or civil war; or b. Warlike action by a military force, including (2) Warlike action by a military force, includ- action in hindering or defending against an ing action in hindering or defending actual or expected attack, by any govern- against an actual or expected attack, by ment, sovereign or other authority using mili- any government, sovereign or other au- tary personnel or other agents; or thority using military personnel or other c. Insurrection, rebellion, revolution, usurped agents; or power, or action taken by governmental (3) Insurrection, rebellion, revolution, authority in hindering or defending against usurped power, or action taken by any of these. governmental authority in hindering or C. Exclusion h. under Paragraph 2., Exclusions of defending against any of these. Section I - Coverage C - Medical Payments does not apply. Medical payments due to war are now subject to Exclusion g. of Paragraph 2., Exclusions of Section I - Coverage C - Medical Payments since "bodily injury" arising out of war is now excluded under Coverage A. CG 00 62 12 02 © ISO Properties, Inc., 2002 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 02 20 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy (3) Failure to comply with underwriting Condition is replaced by the following: requirements established by the insurer 2. Cancellation Of Policies In Effect within 90 days of the effective date of coverage; a. For 90 Days Or Less If this policyhas been in effect for 90 days or (4) A substantial change in the risk covered y by the policy; or less, we may cancel this policy by mailing or delivering to the first Named Insured written (5) The cancellation is for all insureds under notice of cancellation, accompanied by the such policies for a given class of insur- reasons for cancellation, at least: eds. (1) 10 days before the effective date of If we cancel this policy for any of these rea- cancellation if we cancel for nonpayment sons, we will mail or deliver to the first of premium; or Named Insured written notice of cancella- tion, accompanied by the reasons for can- (2) 20 days before the effective date of cellation, at least cancellation if we cancel for any other reason, except we may cancel immedi (a) 10 days before the effective date of ately if there has been: cancellation if we cancel for nonpay- ment of premium; or (a) A material misstatement or misrepre- sentation; or (b) 45 days before the effective date of cancellation if we cancel for any of the (b) A failure to comply with the underwrit- other reasons stated in Paragraph ing requirements established by the 2.b. insurer. B. Paragraph 5. of the Cancellation Common Policy b. For More Than 90 Days Condition is replaced by the following: If this policy has been in effect for more than 5. If this policy is cancelled, we will send the first 90 days, we may cancel this policy only for Named Insured any premium refund due. If we one or more of the following reasons: cancel, the refund will be pro rata. If the first (1) Nonpayment of premium; Named Insured cancels, the refund may be less (2) The policy was obtained by a material than pro rata. If the return premium is not misstatement; refunded with the notice of cancellation or when this policy is returned to us, we will mail the refund within 15 working days after the date cancellation takes effect, unless this is an audit policy. CG 02 20 12 07 ©ISO Properties, Inc., 2007 Page 1 of 2 If this is an audit policy, then, subject to your full C. The following is added and supersedes any other cooperation with us or our agent in securing the provision to the contrary: necessary data for audit, we will return any NONRENEWAL premium refund due within 90 days of the date cancellation takes effect. If our audit is not corn- 1. If we decide not to renew this policy we will mail pleted within this time limitation, then we shall or deliver to the first Named Insured written accept your own audit, and any premium refund notice of nonrenewal, accompanied by the rea- due shall be mailed within 10 working days of son for nonrenewal, at least 45 days prior to the receipt of your audit. expiration of this policy. The cancellation will be effective even if we have 2. Any notice of nonrenewal will be mailed or deliv- not made or offered a refund. ered to the first Named Insured's last mailing address known to us. If notice is mailed, proof of mailing will be sufficient proof of notice. Page 2 of 2 ©ISO Properties, Inc., 2007 CG 02 20 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EM PLOYM ENT-RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to paragraph 2., B. The following exclusion is added to paragraph 2., Exclusions of Section I - Coverage A- Bodily Inju- Exclusions of Section I - Coverage B - Personal ry And Property Damage Liability: And Advertising Injury Liability: This insurance does not apply to: This insurance does not apply to: "Bodily injury"to: "Personal and advertising injury"to: (1) A person arising out of any: (1) A person arising out of any: (a) Refusal to employ that person; (a) Refusal to employ that person; (b) Termination of that person's employ- (b) Termination of that person's employ- ment; or ment; or (c) Employment-related practices, poli- (c) Employment-related practices, poli- cies, acts or omissions, such as coer- cies, acts or omissions, such as coer- cion, demotion, evaluation, reassign- cion, demotion, evaluation, reassign- ment, discipline, defamation, harass- ment, discipline, defamation, harass- ment, humiliation or discrimination ment, humiliation or discrimination directed at that person; or directed at that person; or (2) The spouse, child, parent, brother or (2) The spouse, child, parent, brother or sister of that person as a consequence of sister of that person as a consequence of "bodily injury"to that person at whom any "personal and advertising injury" to that of the employment-related practices person at whom any of the described in Paragraphs (a), (b), or (c) employment-related practices described above is directed. in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the insured may be liable as an This exclusion applies: employer or in any other capacity; and (1) Whether the insured may be liable as an (2) To any obligation to share damages with employer or in any other capacity; and or repay someone else who must pay (2) To any obligation to share damages with damages because of the injury. or repay someone else who must pay damages because of the injury. CG 21 47 0798 Copyright, Insurance Services Office, Inc., 1997 COMMERCIAL GENERAL LIABILITY CG 21 49 0999 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under paragraph 2., Exclusions of Section (a) Request, demand, order or statutory or I - Coverage A - Bodily Injury And Property Damage regulatory requirement that any insured or Liability is replaced by the following: others test for, monitor, clean up, remove, This insurance does not apply to: contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects f. Pollution of"pollutants"; or (1) "Bodily injury" or "property damage" which (b) Claim or suit by or on behalf of a govern- would not have occurred in whole or part but mental authority for damages because of for the actual, alleged or threatened dis- testing for, monitoring, cleaning up, charge, dispersal, seepage, migration, release removing, containing, treating, detoxifying or escape of"pollutants"at any time. or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". (2) Any loss, cost or expense arising out of any: CG 21 49 0999 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 21 67 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. B. The following exclusion is added to Paragraph 2. Exclusions of Section I - Coverage A - Bodily Exclusions of Section I - Coverage B - Personal Injury And Property Damage Liability: And Advertising Injury Liability: 2. Exclusions 2. Exclusions This insurance does not apply to: This insurance does not apply to: Fungi Or Bacteria Fungi Or Bacteria a. "Bodily injury" or "property damage" which a. "Personal and advertising injury" which would not have occurred, in whole or in part, would not have taken place, in whole or in but for the actual, alleged or threatened inha- part, but for the actual, alleged or threatened lation of, ingestion of, contact with, exposure inhalation of, ingestion of, contact with, ex- to, existence of, or presence of, any "fungi" posure to, existence of, or presence of any or bacteria on or within a building or struc- "fungi" or bacteria on or within a building or ture, including its contents, regardless of structure, including its contents, regardless whether any other cause, event, material or of whether any other cause, event, material product contributed concurrently or in any or product contributed concurrently or in sequence to such injury or damage. any sequence to such injury. b. Any loss, cost or expenses arising out of the b. Any loss, cost or expense arising out of the abating, testing for, monitoring, cleaning up, abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or neutralizing, remediating or disposing of, or in any way responding to, or assessing the in any way responding to, or assessing the effects of, "fungi" or bacteria, by any insured effects of, "fungi" or bacteria, by any insured or by any other person or entity. or by any other person or entity. This exclusion does not apply to any "fungi" or C. The following definition is added to the Definitions bacteria that are, are on, or are contained in, a Section: good or product intended for bodily consump- "Fungi" means any type or form of fungus, including tion. mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi. CG 21 67 12 04 © ISO Properties, Inc., 2003 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 21 73 01 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added: 2. "Certified act of terrorism" means an act that is This insurance does not apply to: certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the TERRORISM Attorney General of the United States, to be an "Any injury or damage"arising, directly or indirectly, act of terrorism pursuant to the federal Terror- out of a"certified act of terrorism". ism Risk Insurance Act. The criteria contained in B. The following definitions are added: the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: 1. For the purposes of this endorsement, "any injury or damage" means any injury or damage a. The act resulted in insured losses in excess covered under any Coverage Part to which this of$5 million in the aggregate, attributable to endorsement is applicable, and includes but is all types of insurance subject to the Terror- not limited to "bodily injury", "property damage", ism Risk Insurance Act; and "personal and advertising injury", "injury" or b. The act is a violent act or an act that is "environmental damage" as may be defined in dangerous to human life, property or infra- any applicable Coverage Part. structure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. CG 21 73 01 08 ©ISO Properties, Inc., 2007 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - LIQUOR LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion c. of Section I - Coverage A- Bodily Injury (2) The furnishing of alcoholic beverages to a And Property Damage is replaced by the following: person under the legal drinking age or under c. "Bodily injury" or "property damage"for which any the influence of alcohol; or insured may be held liable by reason of: (3) Any statute, ordinance or regulation relating to (1) Causing or contributing to the intoxication of the sale, gift, distribution or use of alcoholic any person; beverages. IFG-G-0051 01 09 Includes copyrighted material of ISO Properties, Inc., Page 1 of 1 with its permission. • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSIONS - DESCRIBED HAZARDS (SPECIAL EVENTS LIABILITY) This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to Paragraph 2. g. Due to the rendering or failure to render Exclusions, of Section I - Coverage A Bodily any professional service; Injury And Property Damage Liability, and Paragraph 2. Exclusions, of Section I - h. Claims or "suits" brought by any insured Coverage B Personal And Advertising Injury covered by this policy against any other insured; Liability: This insurance does not apply to: i. Arising out of assault, battery or molestation, or out of any act or omission 1. "Bodily injury" or "personal and advertising in connection with the prevention or injury" suppression of an assault, battery or a. Arising out of any mechanical molestation; or amusement rides, batting cages, dunk j. Arising out of the transmission of or tanks, trampolines, rock climbing walls alleged transmission of any or structures; bunji or bungee jumping; communicable disease. ski or tram lifts; moonwalks or other inflatable amusement devices; or animal 2. "Property damage" rides; a. To any "auto" while practicing for or b. Arising out of the ownership, participating in any contest; maintenance, use or handling of b. To any equipment, tools or accessories fireworks, flash powder or explosive used to repair, service or maintain any compositions by any person; mechanical devices or "autos" used or c. To any person who receives payment operated at the event; or for their services while performing in or c. To animals. supporting any concert, show or theatrical event that is sponsored by 3. "Bodily injury", "property damage" or you or on your behalf; "personal and advertising injury" arising out of any aircraft,"auto", or watercraft. d. To any person while practicing, instructing, demonstrating, or These exclusions apply even if claims allege participating in any speed contest, negligence or other wrongdoing in the demolition derby, livestock auction, supervision, hiring, employment, training or rodeo, horse show, or any type of sport, monitoring of others by any insured. athletic event, competition or contest; B. Paragraph 2. of Section V - Definitions is hereby e. As respects any event involving deleted and replaced by the following: vehicles, to any pit attendants, "Auto" means a land motor vehicle, including any mechanics, stewards, timing officials, attached trailer or semitrailer, machinery or announcers, and any person in the pit equipment. area; f. To riders of saddle animals; BG-G-074 05 09 Includes copyrighted material of Page 1 of 1 ISO Properties, Inc.,with its permission. POLICY NUMBE 3967 COMMERCIAL GENERAL LIABILITY CG 20 11 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREM ISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 1. Designation of Premises(Part Leased to You): C.R. 510 & US HIGHWAY 1 (RIVERVIEW PARK) SEBASTIAN, FL 32958 2. Name of Person or Organization (Additional Insured): CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL 32958 3. Additional Premium: 50 (If no entry appears above,the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership, maintenance or use of that part of the prem- ises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any"occurrence"which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person or or- ganization shown in the Schedule. CG 20 11 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1