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HomeMy WebLinkAboutCertificate of Insurance 2015GLADW-1 OP ID: RB CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 09/03/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Sawyer Cook Insurance 1200 California St., Ste 260 Redlands, CA 92374 Sawyer Cook Insurance CONTANAME: Robbin McGinnis PHONE g09-435-0237 FAX A/C No Ext : AIC No): 909-798-7971 EMALADDRESS: rmeginnis@sawyercook.com X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Hartford Insurance Company 22357 10/31/2015 INSURED Gladwell Governmental Services Diane Gladwell P.O. Box 62 INSURER B: Hartford Insurance Company 22357 INSURER C: United States Liability Ins 25895 INSURER D: Lake Arrowhead, CA 92352 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X 72SBAFT4487 10/31/2015 10/31/2016 EACH OCCURRENCE $ 1,000,000 DAMAGES( RENTED PREMISES Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY JE� F—] LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident)$ 1,000,000 X BODILY INJURY (Per person) $ A ANY AUTO 72UECJR6553 10/31/2015 10/31/2016 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident $ ( ) HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ _ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N I A PER I OTH- STATUTE I I ER E,L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below I E.L. DISEASE - POLICY LIMIT I $ C Professional Liab SP1020955E 10/31/2015 10/31/2016 Aggregate 2,000,000 Per claim 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) *Except 10 day notice of non payment of premium. Certificate holder is named as additional Ensured by contract SS00080405 (pg 17-20)attached to policy. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2014101) © 1988=2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of Los Altos Hills THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Deborah Padovan, City Clerk 26979 Fremont Road Las Altos Hills, CA 94022 AUTHORIZED REPRESENTATIVE Sawyer Cook Insuranc�/�_za f� ACORD 25 (2014101) © 1988=2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD F®rm SS 00 08 04 05 BUSINESS LIABILITY COVERAGE _ OO 2005, The Hartford QUICK REFERENCE COVERAGEBUSINESS LIABILITY - READ YOUR POLICY BUSINESS LIABILITY COVERAGE FORM A. COVERAGES Business Liability Medical Expenses Coverage Extension - Supplementary Payments E. EXCLUSIONS C- WHO IS AN INSURED D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1 • Bankruptcy 2. Duties in The Event Of Occurrence, Offense, Claim Or Suit I Financial Responsibility Laws 4. Legal Action Against Us 5• Separation Of Insureds 6. Representations 7• Other insurance 8. Transfer Of Rights Of Recovery Against Others To Us F. OPTIONAL ADDITIONAL INSURED COVERAGES Additional insureds G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS Form SS 00 08 04 05 Beginning on page 1 1 2 2 K 10 14 15' 15 15 16 16 16 16 16 17 18 16 20 b. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit,', we will defend that indemnitee if all of the following conditions are met: (1) The "suit" against the indemnitee seeks damages for which the Insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; (2) This insurance applies to such liability assumed by the insured; (3) The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; (4) The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interest of the indemnitee; (5) The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and (6) The indemnitee: (a) Agrees in writing to: (i) Cooperate with us in the Investigation, settlement or defense of the "suit"; (ii) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "Suit"; (iii) Notify any other insurer whose coverage is available to the indemnitee; and (iv) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (b) Provides us with written authorization to: (i) Obtain records and other information related to the "suit"; and (ii) Conduct and control the defense of the indemnitee in such "suit". Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be Paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 1.b.(b) of Section B. Exclusions, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the Limits of Insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: (1) We have used up the applicable limit of insurance in the payment of judgments or settlements; or (2) The conditions set forth above, or the terms of the agreement described in Paragraph (6) above, are no longer met. E. EXCLUSIONS 1• Applicable To Business Liability Coverage This insurance does not apply to: a• Expected Or Intended Injury (1) "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to Protect persons or property; or (2) "Personal and advertising injury, arising out of an offense committed by, at the direction of or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury", b. Contractual Liability (1) "Bodily injury" or "property damage'; or (2) "Personal and advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages because of: (a) "Bodily injury" "property damage" or "personal and advertising injury" that the insured would have in the absence of the contract or agreement; or Page 3 of 24 Form SS 00 00 04 05 "Bodily BUSINESS LIABILITY COVERAGE FORM (iii) injury" or "property damage" arising out of heat, released as part of the smoke or fumes from a "hostile fire"; operations being performed by such insured, (b) At or from any premises, contractor or subcontractor; site or location which is or was at any time used by or for any insured (11) 'Bodily injury" or "property damage" or others for thehandling, storage, sustained within a building and caused b Y the disposal, processing or treatment of waste; release of gases, fumes or (c) Which are or were at any time vapors from materials brought into that building In connection transported, handled with operations being performed treated, disposed of, or processed by you or on your behalf by a as waste by or for: contractor or subcontractor, or (i) Any insured; or (10) "Bodily injury" or "property Any person or organization for damage" arising out of heat, whom you may be legally smoke or fumes from a "hostile fire"; or responsible; (d) At or from an y premises, (e) At or from any premises, site or site or location on which any insured or location on which any insured or any contractors any contractors or subcontractors any working directly or working directly or indirectly on any or indirectly on any insured's behalf insured's behalf are performing are performing operations if the "pollutants" operations if the operations are to test for, monitor, clean up, remove, are brought on or to the premises, site or location in contain, treat, detoxify or neutralize, connection with such operations by thh in any way respond tor assess e effects of, "pollutants"",. such insured, contractor or subcontractor. However, this (2) Any loss, cost or expense arising out subparagraph does not apply to: of any: (i) "Bodily injury" or "roert Poop (a) Request, demand, order or statutory damage" arising out the or regulatory requirement that any escape of fuels, lubricants or insured or others test for, monitor, clean other operating fluids which are needed to perform the up, remove, contain, treat, detoxify or neutralize, or in normal electrical, hydraulic or any way respond to, or assess the effects of, "pollutants"; m mechanical functions or necessary for the operation of "mobile (b) Claim or suit by or on behalf of a equipment" or its parts, if such fuels, lubricants or other governmental authority for damages because of testing operating fluids escape from a for, monitoring, cleaning up, removing, vehicle part designed to hold, containing, treating, detoxifying or store or receive them. This exception does not apply if the neutralizing, or in any way responding to, or assessing "bodily injury" or "property the effects of, "pollutants". damage" arises out of the intentional discharge, dispersal However, this paragraph does not aPPIY to liability for damages or release of the fuels, lubricants because of "property damage" that the insured or other operating fluids, or if would have in the absence of such such fuels, lubricants or other operating request, demand, order or statutory or regulatory requirement, fluids are brought on or to the or such claim " by or premises, site or location with the on governmental authority, behalf of a intent that they be discharged, dispersed or Page 5 of 24 (8) Optometry or optometric services including but not limited to examination Of the eyes and the prescribing, Preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products; (9) Any: (a) Body piercing (not including ear Piercing); (b) Tattooing, including but not limited to the insertion of pigments into or under the skin; and (c) Similar services; (10) Services in the practice of pharmacy; and (11) Computer consulting, design or programming services, including web site design.. Paragraphs (4) and (5) of this exclusion do not apply to the Incidental Medical Malpractice coverage afforded under Paragraph 1.e. in Section A. - Coverages. k. Damage To Property "Property damage" to: (1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such Property for any reason, including Prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured;' (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (s) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Form SS 00 08 04 05 AMN Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to Premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate Limit of Insurance applies to Damage To Premises Rented To You as described in Section D. - Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at a job site. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard". I Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. rn. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard". This exclusion does not apply if the damaged work'or the work out of which the damage arises was performed on your behalf by a subcontractor. n. Damage To Impaired Property ®r Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, Inadequacy or dangerous condition in "your product' or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of 10 sudden and accidental physical injury to your product" or "your work" after it has been put to its intended use. Rage 7 of 24 (13) Arising out of a violation of any anti- trust law; (14) Arising out of the fluctuation in price or value of any stocks, bonds or other securities; or (15) Arising out of discrimination or humiliation committed by or at the direction of any "executive officer", director, stockholder, partner or member of the insured. q. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data". r. Employment -Related Practices "Bodily injury" or "personal and advertising injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" or "personal and advertising injury" to the person at whom any of the employment-related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must Pay damages because of the injury, s. Asbestos (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: Form SS 00 00 04 05 BUSINESS LIABILITY COVERAGE FORM (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred In whole or in part but for the "asbestos hazard' (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". t. Violation of Statutes That Govern Em Mails, Fax, Phone Calls Or Other Methods Of Sending Material Or Information "Bodily injury,,"prope "rty damage", or personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN -SPAM Act of 2003, including any amendment of or addition to such law; or (3) Any statute, ordinance or regulation, other than the TCPA or CAN -SPAM Act of 2003; that prohibits or limits the sending, transmitting, communicating or distribution of material or information. Damage To Premises Rented To You — Exception For Damage By Fire, Lightning or Explosion Exclusions c. through h, and k. through o, do not apply to damage by fire, lightning or explosion to premises rented to you or temporarily occupied by you with permission of the owner. A separate Limit of Insurance applies to this coverage as described in Section D. - Liability And Medical Expenses Limits Of Insurance. Page 9 of 24 (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any Purpose by you, any of your employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or 11 volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. BUSINESS LIABILITY COVERAGE FORM b. Coverage under this provision does not apply to: (1) "Bodily injury, or "property damage" that occurred; or (2) "Personal and advertising injury, arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment" registered in Your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an Insured, but only with respect to liability arising out of the operation'of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: d. Legal Representative If You Die a• "Bodily injury" to a co -"employee" of the Your legal representative if person driving the equipment; or you die, but only with respect to duties as such. That b. "Property damage" to property owned by, representative will have all your rights and rented to, in the charge of or occupied by duties under this insurance. You or the employer of any person who is e. Unnamed Subsidiary an Insured under this provision. Any subsidiary and subsidiary 5. Operator of Nonowned Watercraft thereof, of yours which is a legally incorporated entity of which you own a financial interest With respect to watercraft you do not own that is less than 51 feet long and is not being used of than 50% of the voting stock on the effective date of this Coverage Part. to carry persons for a charge, an y pmore insured while operating such wa eercraft'wian The insurance afforded herein for any subsidiary not shown in th your permission. Any other person or organization responsible for the conduct of the Declarations as a named insured does not apply to injury or damage such person is also an insured, but only with respect to liability arising out of the operation with respect to which an Insured under this insurance of the watercraft, and only if no other insurance is also an Insured under another policy or would be an insured of any kind is available to that person pr organization for this liability. under such policy but for its termination or upon the exhaustion of its However, no person or organization is an insured limits of insurance. with respect to: 3. Newly Acquired Or Formed Organization a° "Bodily injury" to a co -"employee" of the Any organization you newly acquire or form Person operating the watercraft; or b other than a partnership, joint venture or limited liability company, Property damage to property owned by, rented to, in the charge of and over which you maintain financial interest of more than 50% of or occupied by You any person who is the employerured the voting stock, will qualify as a Named Insured if there is no other an insured under this pp rovision. s° Additional Insureds similar insurance available to that organization. However: When Required By Written Contract, Written Agreement a. Coverage under this provision is afforded Permit ®r only until the 180th day after you acquire The person(s) or organization(s) identified in or form the organization or the end of the Paragraphs a. through f. below are additional Policy period, whichever is earlier; and insureds when you have agreed, in a written Form SS 00 08 04 05 Page 11 of 24 Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded to these additional insureds, this e• Permits Issued By State Or Political insurance does not apply to any "occurrence" Subdivisions which takes place after (1) Any state or political subdivision, You cease to lease that equipment. but only with respect to operations C. Lessors Of Land Or Premises performed by you or on your behalf for (1) Any person or organization from whom you lease land which the state or political subdivision has issued a permit. or premises, but only with respect to liability arising out (2) With respect to the insurance afforded of the ownership, maintenance or use to these additional insureds, this of that part of the land or premises insurance does not apply to: leased to you. (2) With respect to the insurance (a) "Bodily injury", "Property p rIY damage" or "personal afforded to these additional Insureds, this and advertising injury" arising out of operations insurance does not apply to: performed for the state or (a) Any "occurrence" which takes municipality; or Place after you cease to lease that (b) "Bodily injury" or "property damage" land or be a tenant in that included within the "products - premises; or completed operations hazard". (b) Structural alterations, new f. Any Other Party construction or demolition operations (1) Any other person or organization who performed by or on behalf of such person is not an insured under Paragraphs a. through or organization, d. e. above, but only with respect to liability for "bodily injury" Architects, Engineers Or Surveyors "property damage" or "personal and (1) Any architect, engineer, or surveyor, but advertising injury" caused, in whole or only with respect to liability for "bodily injury", "property the acts to part, o Your acts or omissions or omissions damage" or "personal and advertising injury" caused, of those acting on Your behalf: a in whole or in part, by your acts or omissions or (a) In the performance of the acts or omissions of those acting on your ongoing operations; your behalf. (b) In connection with Your (a) In connection with your premises; m�Ses owned by or rented t You; or or (b) In (c) In connection with "your work" and included the performance of your within the "products - ongoing operations performed by completed operations hazard", but you or on your behalf, only if (2) With respect to the insurance afforded (I) The written contract or written to these additional insureds, the following additional exclusion agreement requires you to provide such applies: This insurance does not apply to "bodily coverage to such additional insured; and injury", "property damage" or "personal (11) This Coverage Part provides and advertising Injury" coverage for "bodily Injury" or arising out of the rendering of or the failure property damage" included to render an y professional services by or for you, including: within the 1 products - completed operations hazard". (a) The preparing, approving, or (2) With respect to the insurance afforded failure to prepare or approve, to these additional insureds, this maps, shop drawings, opinions, insurance does not apply to: reports, surveys, field orders change orders, designs "Bodily injury, " "property damage" or It or drawings and specifications; or and advertising injury, arising out of the rendering (b) Supervisory, inspection, of, or the failure to render, any professional architectural or engineering architectural, engineering or surveying activities. services, including: Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this Policy and any endorsements attached thereto (1) Immediately send us copies of any applies to any claim or "suit", the most we will pay demands; notices, summonses or legal papers received in connection under this policy and the endorsements is the single highest limit of liability of all coverages with the claim or "suit'; applicable to such claim or "suit". However, this (2) Authorize us to obtain records and paragraph does not apply to the Medical Expenses other information; limit set forth in Paragraph 3. above. (3) Cooperate with us in the investigation, The Limits of Insurance of this Coverage Part apply settlement of the claim or defense "suit"; separately to each consecutive annual period and to against the and any remaining period of less than 12 months, starting (4) Assist us, upon our request, in the with the beginning of the policy period shown in the enforcement of any right against any Declarations, unless the policy period is extended person or organization that may be after issuance for an additional period of less than 12 liable to the insured because of injury months. In that case, the additional period will be or damage to which this insurance deemed part of the last preceding period for purposes may also apply. of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own GENERAL CONDITIONS cost, voluntarily make e payment, assume 1. Bankruptcy any obligation, or incur any expense, other than for first aid, without our consent. Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the Insured's estate will not relieve us of our obligations under this Coverage Part. If we cover a claim or "suit" under this Coverage Fart that may also be covered 2., Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the You or any additional insured must see to other insurer for defense and indemnity. it that we are notified as soon as However, this provision does not apply to practicable of an "occurrence" or an the extent that you have agreed in a offense which may result in a claim. To written contract, written agreement or the extent possible, notice should include: permit that this insurance is primary and (1) How, when and where the "occurrence" non-contributory with the additional or offense took place; insured's own insurance. () The names and addresses of any 2 f. Knowledge Of An Occurrence, Offense, injured persons and witnesses; and Claim Or Suit 3 () The nature and location of any injury Paragraphs a. and b. apply to you or to or damage arising out of the any additional insured only when such " occurrence or offense. occurrence", offense, claim or "suit" is b. Notice Of Claim known to: (1) You or any additional insured that is If a claim is made or "suit" is brought an individual; against any insured, you or any additional insured must: (2) Any partner, if you or an additional (1) immediately record the specifics of the insured is a partnership; claim or "suit" and the date received; (3) Any manager, if you or an additional and insured is a limited liability company; (2) Notify us as soon as practicable. (4) Any "executive officer" or insurance You or any additional Insured must see to manager, if you or an additional insured is a corporation; it that we receive a written notice of the claim or "suit" as soon as practicable. (5) Any trustee, if you or an additional c. Assistance And Cooperation Of The insured is a trust; or Insured (6) Any elected or appointed official, if you You and any other involved insured must: or an additional insured is a political subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 (s) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to YOU covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional Insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required Ey Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required Ey Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from: that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. Form SS 00 00 04 05 BUSINESS LIA131LITY COVERAGE FORM When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. G. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. S. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or Part of any payment, including . Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured : will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Page 17 of 24 7. Insured — State Or Political Subdivision - Permits, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. b• With respect to the Insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury,"property, damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included in the "product -completed operations" hazard. Additional Insured — Vendors . a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) (referred to below as vendor) shown in the Declarations as an Additional Insured - Vendor, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course .of the vendor's business and only if this Coverage Part Provides coverage for "bodily injury" or to damage" included within the "products -completed operations hazard". b. The insurance afforded to the vendor is subject to the following additional exclusions: (9) This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (e) Any failure to make such .Inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the Product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (b) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such Products, or any ingredient, part or container, entering into, accompanying or containing such products. 8. Additional Insured — Controlling Interest WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Controlling Interest, but only with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease or occupy these premises. Page 19 of 24 a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course Of travel or transportation between any Places included in a. above; G. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you In the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on Your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic, means of communication provided the insured's responsibility to pay damages is determined in the United States of America (including Its territories and Possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory, or in a settlement we agree to. 7. "Electronic data" means information, facts or Programs: a. Stored as or on; b. Created or used on; or C. Transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data Processing devices or any other media which are used with electronically controlled equipment. 3. "Employee" includes a "leased worker". "Employee" does not include a "temporary, worker". 9. 0 11 "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or Farre SS 00 00 04 05 BUSINESS LIABILITY COVERAGE FORM b. You have failed to fulfill the terms of a contract or agreement; If such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your work"; or b• Your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises Rented To You limit described in Section D. — Liability and Medical Expenses Limits of Insurance. b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. Any obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; or f• That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which YOU assume the tort liability of another party to pay for "bodily Injury, or "property damage" to a third person or organization, Provided the "bodily injury" or "property damage" is caused, in whole or in part, by You or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: Page 21 of 24 c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or Premises that the person occupies, committed by or on behalf of its owner, landlord or lessor; d• Oral, written or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e• Oral, written or electronic publication of material that violates a person's right of privacy; f• Copying, in your "advertisement", a Person's or organization's "advertising idea" or style of "advertisement"; J. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement"; or h• Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. 18• "Pollutants" means any solid, liquid, gaseous or thermal Irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19• "Products -completed operations hazard"; a• Includes all "bodily injury" and "property damage" occurring away from premises YOU own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical Possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed to be completed at the earliest of the following times: (a) When all of the work called for in Your contract has been completed. (b) When all of the work to be done at the job site has been completed if Your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Form SS 00 00 04 05 BUSINESS LIABILITY COVERAGE FORM Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. The "bodily injury" or "properly damage" must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of ,Your product" for consumption on premises you own or rent. b. Does not include "bodily injury', "property damage" arising out of: or (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 20. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that Property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b• Loss of use of tangible property that is not Physically injured. All such loss of use Shall be deemed to occur at the time of "occurrence" that caused it. As used in this definition, "electronic data" is not tangible property. 21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury, to which this insurance applies are alleged, "Suit" includes: a• An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution Proceeding in which such damages are claimed and to which the insured submits with our consent. 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who: a. Is not your "employee"; Page 23 of 24