HomeMy Public PortalAboutInsurance ¥ LL AH Ao K RK AGENCY NCo
1005 NORTH 3rd STREE~T- POST OFFICE BOX 2070
McCALL, IDAHO 83638
PHONE: 634-4101
APRIL 27, 2000
MARY CLEMMER
DBA: THE CLUBHOUSE INC.
PO BOX 31 7
MC CALL, ID 83638
RE: Policy #BLW 01 50653002
DEAR MARY:
Enclosed, please find your Renewal Commercial Liability Policy covering your
restaurant operation clubhouse at 924 Reedy Lane, McCall ID 83638.
The new policy is issued for the period of .5/5/2000 to 5/5/2001 and provides the
following coverages:
Your Business Liability normal and incidental fo the operation of the Restaruont of the
Municipal Golf Course Clubhouse with o General Liability Limit of $.500,000 Each
Occurrence and Personal and Advertising Injury. Products and Completed Operations
has a limit of $.500,000 and the most the policy will pay for all losses during any annual
policy period is an the general Aggregate Limit of $1,000,000. Premises Medical
Payments are also included in the amount of $.5,000 Per Person.
The Liquor Liability Renewal will come in o separate policy. As of today's date we have
not received the policy from the company, but will forward the renewal to you as soon
os we receive it.
The policy will provide coverage under your Restaurant Classification With Sales of
Alcoholic Beverages That Are Less Than 75% of the Total Annual Receipts - Without A
Dance Floor.
The deposit premium is based on estimated gross soles of $194,800. At the end of the
policy period, you will report your Actual Payroll and Receipts so that the final premium
may be determined. If you have sales greater than this limit, there will be on additional
premium and if your sales ore less than these, there could be a return premium.
The liability coverages have the standard coverages and exclusions which you should
review for your information. Among the more common exclusions are Bodily Injury or
Property Damage which is expected or which you are obligated to pay by reason of
an assumption of liability in a contract or an agreement; Bodily Injury to an employee
arising out of the course of employment which would be covered under your Workers'
Compensation; Bodily Injury or Properly Damage arising out of the release, discharge or
dispersal of pollutants at or from the premises or from your operations; any loss arising
out of the ownership, maintenance or use of any aircraft, auto, or watercraft; loss
arising out of the transportation of mobile equipment by an owned auto; Property
Damage to properly you own, rent, or occupy or property in your care, custody and
control; etc..
t
The Personal Injury Liability Coverage excludes any loss arising out of breach of
contract, failure af goods, products or services to conform with advertised quality,
performance; wrong description of the pdce of goods; etc..
Loss to any af your property or equipment used in the operation is not covered under
this policy but could be added by Endorsement.
The policy also excludes employment related practices, which would be Bodily Injury
because of refusal to employ; termination of employment; humiliation; discrimination or
other employment related practices; etc..
The premium far just the Commercial Liability coverage for the coming year is $995.00.
The premium has been set up on the Ohio Payment Plan and you will be billed directly
by the company for this amount.
Thanks and if you have any questions or if there are any changes that should be made,
please give us a dng.
Very Truly Yours,
William A. Kirk Agency, Inc.
WAK/rk
cc:enc
NP 7O 13 O9 99
IMPORTANT NOTICE TO POLICYHOLDERS
THIS EXPLANATION IS NOT A PART OF YOUR I,NSURANCE POLICY, AND IT DOES NOT ALTER ANY
OF ITS PROVISIONS OR CONDITIONS.
THE FOLLOWING INFORMATION ONLY GIVES A GENERAl EXPLANATION OF CHANGES IN COV-
ERAGE WHICH MAY HAVE OCCURRED FROM YOUR PRIOR (OR "OLD") POLICY. YOUR BUSINESS MAY
INVOLVE FACTORS WHICH REQUIRE YOU TO OBTAIN SPECIFIC INTERPRETATIONS OF THE NEW
POLICY WORDING. READ YOUR POLICY CAREFULLY TO DETERMINE RIGHTS, DUTIES, AND WHAT IS
AND IS NOT COVERED. ONLY THE PROVISIONS OF YOUR POLICY DETERMINE THE SCOPE OF YOUR
INSURANCE PROTECTION.
PLEASE REFER ANY QUESTIONS YOU MAY HAVE TO YOUR INSURANCE AGENT.
This notice has been prepared in conjunction with the implementation of changes to your policy. This notice
provides information concerning your insurance coverage under the Commercial General Liability, Owners
And Contractors Protective Liability, Products/Completed Operations Liability, Railroad Protective Liability
and/or Liquor Liability policy(ies). It contains a brief synopsis of new endorsements and changes that were
made to your existing policy forms and endorsements. This notice does not reference every editorial
change made to the endorsements included in your policy.
Please read your policy, and the endorsements attached to your policy, carefully.
NEW MANDATORY GENERAL LIABILITY ENDORSEMENT
- KNOWN INJURY OR DAMAGE
CG 00 57 09 99 '-Amendment of Insuring Agreement - Known Injury Or Damage for use with the
Commercial General Liability Coverage Part - Occurrence Version
CG 00 58 09 99 -- Amendment Of Insuring Agreement - Known Injury Or Damage And Inspections
And Surveys Condition for use with the Owners And Contractors Protective Liability Coverage Part
CG 00 59 09 99 -- Amendment Of Insuring Agreement - Known Injury Or Damage And Inspections
And Surveys Condition for use with the Railroad Protective Liability Coverage Part
CG 00 60 09 99 -- Amendment Of Insuring Agreement - Known Injury Or Damage for use with the
Products/Completed Operations Liability Coverage Part - Occurrence Version
CG 00 61 09 99 --Amendment Of Insuring Agreement - Known Injury Or Damage for use with the
liquor Liability Coverage Part - Occurrence Version
The new mandatory endorsements, which modify the insurance provided by various General Liability
Coverage Parts, revise the Insuring Agreements of those affected Coverage Parts to address the issue
of known injury or damage. They point our that the insurance does not respond to "bodily injury" or
"property damage" that is known by the insureds prior to the policy period. The endorsements des-
ignate which insured are those whose prior knowledge of the injury or damage will result in the policy
not responding. The endorsements further address the applicability of the General Liability policies in
situations involving continuation, change or resumption of the same "bodily injury" or "property dam-
age" during or after the policy period.
In most states, the revision to the Insuring Agreement of the various General Liability Coverage Parts
represents neither a broadening or restriction in coverage from the original intent However, in certain
states, this revision may represent a decrease in coverage. This revision may result in the shifting of
coverage, under certain circumstances, between current policies and past or future policies.
CG 28 07 09 99 -- Principals Protective Liability Coverage
The Insuring Agreement of this endorsement has been revised to address known injury or damage to
be consistent with the revisions made to the Insuring Agreement of the Owners And Contractors
Protective Liability Coverage Part and other General Liability Coverage Parts.
NEW POLLUTION EXCLUSION ENDORSEMENT
CG 21 65 0g 99 -- Total Pollution Exclusion Wi/th A Building Heating Equipment Exception and A
Hostile Fire Exception
This new additional, optional pollution exclusion endorsement excludes all pollution related exposure,
but provides coverage exceptions for "bodily injury" arising out of smoke, fumes, vapor or soot from
building heating equipment and "bodily'injury" and "property damage" arising out of heat, smoke or
fumes from a hostile fire. This endorsement generally decreases coverage, but if your prior policy
contained a Total Pollution Exclusion (without the building heating equipment exception and the hostile
fire exception) this endorsement is a slight increase in coverage. Also, i'f your prior policy contained
endorsement CG 21 55 Total Pollution Exclusion With a Hostile Fire Exception (without the building
heating equipment exception), this endorsement still represents a slight coverage increase.
CLARIFICATIONS IN COVERAGE AND EDITORIAL REVISIONS
-VARIOUS GENERAL LIABILITY ENDORSEMENT
' CG 00 58--Amendment Of Insuring Agreement - Known Injury Or Damage and Inspections And
Surveys Condition for use with the Owners And Contractors Protective Liability Coverage Part
CG 00 59-- Amendment Of Insuring Agreement-Known Injury Or Damage and Inspections And Sur-
veys Condition for use with the Railroad Protective Liability Coverage Part
In addition to addressing known injury or damage (discussed elsewhere in this notice), these endorse-
ments also include a revision to the Inspections And Surveys Condition with respect to the certification
of boilers, pressure vessels or elevators under state municipal statutes, ordinances or regulations.
CG 04 30 09 99 -- Poi lution Exclusion - Limited Exception For Building Heating Equipment
This endorsement has been revised to change the reference to subparagraph (1)(d)(i) to read (1)(d). The
reference to (i) has been deleted to be consistent with the paragraph numbering of the pollution
exclusion in the Commercial General Liability Coverage Form.
CG 21 49 09 99 -- Total Pollution Exclusion Endorsement
CG 21 55 09 99--Total Pollution Exclusion With A Hostile Fire Exception
These pollution exclusion endorsements have been revised to be consistent with the pollution exclu-
sion in the Commercial General Liability Coverage Form (both occurrence and claims-made versions).
Specifically, subparagraph (2)(a) of each endorsement has been revised to include the phrase "or statu-
tory or regulatory requirement."
CG 22 65 09 99--Optical and Hearing Aid Establishments
CG 24 18 09 99--Seed Merchants - Coverage For Erroneous Delivery Or Mixture And Resulting
Failure Of Seed To Germinate for use with the Commercial General Liability Coverage Part
CG 24 lg 09 99--Seed Merchants - Coverage For Erroneous Delivery Or Mixture (Resulting Failure Of
Seed To Germinate Not Included) for use with the Commercial General Liability Coverage Part
CG 24 20 09 9g--Seed Merchants - Coverage For Erroneous Delivery Or Mixture And Resulting
Failure Of Seed to Germinate for use with the Products/Completed Operations Liability Coverage Part
CG 24 21 09 99--Seed Merchants-Coverage For Erroneous Delivery Or Mixture (Resulting Failure Of
Seed To Germinate Not Included) for use with the Products/Completed Operations Liability Coverage
Part
These endorsements have been revised to delete subparagraph d. under Paragraph A. 1. to reflect the
addition of the new paragraphs to the Insuring Agreements in the new mandatory endorsements ad-
dressing known injury or damage.
Ohio Casualty Group
General Liability
MASTER PAW
Tailored protection and
service for your business
M20003(5/99)
OHiO CASUALTY GROUP
IMPORTANT NOTICE TO POLICYHOLDERS
NP 70 00 03 99
THIS EXPLANATION IS NOT A PART OF YOUF( INSURANCE POLICY, AND IT DOES NOT ALTER ANY
OF ITS PROVISIONS OR CONDITIONS.
THE FOLLOWING INFORMATION ONLY GIVES A GENERAL EXPLANATION OF CHANGES IN COV-
ERAGE WHICH MAY HAVE OCCURRED J=ROM YOUR PRIOR (OR "OLD") POLICY. YOUR BUSINESS MAY
INVOLVE FACTORS WHICH REQUIRE YOU TO OBTAIN SPECIFIC INTERPRETATIONS OF THE NEW
POLICY WORDING. READ YOUR POLICY CAREFULLY TO DETERMINE RIGHTS, DUTIES, AND WHAT IS
AND IS NOT COVERED. ONLY THE PROVISIONS OF YOUR POLICY DETERMINE THE SCOPE OF YOUR
INSURANCE PROTECTION.
PLEASE REFER ANY QUESTIONS YOU MAY HAVE TO YOUR INSURANCE AGENT.
This notice has been prepared in conjunction with the implementation of changes to your policy. It contains
a brief synopsis of the significant broadenings, restrictions and clarifications of coverage that were made
in each policy form and endorsement. This notice does not reference every editorial change made in these
forms and endorsements.
Please read your policy, and the endorsements attached to your policy, carefully.
PERSONAL AND ADVERTISING IN JURY
Personal And Advertising Injury has been listed separately because the changes in the Personal and Ad-
vertising injury in these coverage forms result in broadening in coverage in certain respects and may, in
certain states, result in a decrease in other respects. The impact of the changes in the revision are very
difficult to quantify and may differ in different states. Taken as a whole, the revised Personal and Advertis-
ing Injury Coverage is at least equal to, if not broader than, that which the current coverage provides.
CG 00 01 07 98 -- Commercial General Liability Coverage Form (Occurrence Version)
CG 00 02 07 98 -- Commercial General Liability Coverage Form (Claims-Made Version)
The following revisions may result in broadening in coverage in certain respects and may, in certain states,
result in a decrease in other respects.
We have provided coverage for "trade dress" while deleting the terms "style of doing business" and "title."
The current "willful violation of a penal statute" exclusion has been replaced with a "criminal acts" exclusion.
The change from the undefined term "advertising activities" to a defined term "advertisement" is intended to
strengthen the necessary causal connection between the covered offenses and the insured's advertise-
ment
The addition of an intentional injury exclusion in Coverage B clarifies the intent of the coverage as sup-
ported by the general principle of insurance which requires fortuity for coverage to apply.
Coverage B has been broadened by including consequential "bodily injury", while Coverage A has been
reduced by adding a complementary exclusion to avoid duplicate coverage. Overall, these two changes
create no change in coverage.
CG 28 05 Personal Injury Liability
The following revisions may result in broadening in coverage in certain respects and may, in certain states,
result in a decrease in other respects.
NP 70 00 03 99 Coovriaht. Insurance Services Office. Inc_, t998 Paae 1 of 8
The current "willful violation of a penal statute" exclusion has been replaced with a "criminal acts" exclusion.
The addition of an intentional injury exclusion in Coverage B clarifies the intent of the coverage as sup-
ported by the general principle of insurance which r~equires fortuity for coverage to apply.
Coverage B has been broadened by including .consequential "bodily injury", while Coverage A has been
reduced by adding a complementary exclusion to avoid duplicate coverage. Overall, these two changes
create no change in coverage.
BROADENINGS OF COVERAGE - COVERAGE FORMS
CG O0 01 -- Commercial General Liability Coverage Form (Occurrence Version)
CG O0 02 -- Commercial General Liability Coverage Form (Claims-Made Version)
CG O0 09 -- Owners and Contractors Protective Liability Coverage Form
The pollution exclusion in these coverage forms is being revised to provide an exception applicable to the
named insured for liability arising out of a release of pollutants at certain premises, sites or locations which
are or were at any time, owned or occupied by, or rented or loaned to, an additional insured for which the
named insured is performing operations as a contractor under certain circumstances.
The pollution exclusion in these coverage forms is also being revised to provide an exception for bodily
injury or property damage sustained within a building and caused by the release of gases, fumes or vapors
from materials brought into that building in connection with operations as a contractor being performed by
or on behalf of any insured.
CG O0 01 -- Commercial General Liability Coverage Form (Occurrence Version)
CG O0 02 -- Commercial General Liability Coverage Form (Claims-Made Version)
Several revisions have been made to these coverage forms to provide additional coverage for damage to
premises rented or loaned to the named insured on a short-term basis.
BROADENINGS OF COVERAGE - MULTlSTATE ENDORSEMENTS
CG 22 93 -~ Introduction Of Lawn Care Services Coverage Endorsement
The new endorsement provides limited pollution coverage for lawn care services risks.
CG 84 08 -- Exclusion - Exterior Insulation and Finish System
The endorsement provides coverage for when a risk uses a water managed exterior insulation and finish
system.
CLARIFICATIONS IN COVERAGE AND OTHER EDITORIAL REVISIONS - - COVERAGE FORMS
All General Liability coverage forms contain minor editorial revisions to provide for consistency among
policies. In addition, these coverage forms have been revised to incorporate other various revisions in
order to clarify coverage. The latter category of revisions to each individual coverage form is described
below:
CG O0 01 -- Commercial General Liability Coverage Form (Occurrence Version)
CG O0 02 -- Commercial General Liability Coverage Form (Claims-Made Version)
CG O0 09 -- Owners and Contractors Protective Liability Coverage Form
These policies have been clarified with respect to third-party property damage claims by indicating that
paragraph (2) of the pollution exclusion does not nullify coverage for property damage not excluded by
paragraph ( 1 ) of the exclusion.
CG 00 01 -- Commercial General Liability Coverage Form (Occurrence Version)
CG 00 02 -- Commercial General Liability Coverage Form (Claims-Made Version)
Paragraph 4.b.2. has been added to the Other Insurance Condition of Section IV - Commercial General
Liability Conditions to make an insured's ewn CGL coverage excess insurance over the insurance provided
by any other primary insurance policy which covers that insured as an additional insured. This change
currently exists via a mandatory endorsement (CG 00 55 and CG 00 56), and is now simply being incor-
porated directly into the CGL policies
CG 00 35 -- Railroad Protective Liability Coverage Form
The definitions of "pollutants" and "hostile fire", which are contained within the current exclusion, are being
moved to the definitions section. The word "contractor" has been made a defined term and definitions of
both "mobile equipment" and "auto" have been included in the form to provide consistency with various IS0
General Liability Coverage forms.
New paragraph 3. which replaces subparagraph (3) has been made easier to read by placing the exceptions
for operating fluids from mobile equipment and for heat, smoke or fumes from a hostile fire closer to the
paragraph which they affect, as shown in subparagraphs (a) and (b). tn addition, new paragraph (3) and
subparagraph (3)(a) have been amended to replace the reference to "such insured" with you" and to replace
the term "subcontractor" with "your designated employee."
CG 00 01 -- Commercial General Liability Coverage Form (Occurrence Version)
CG 00 02 -- Commercial General Liability Coverage Form (Claims-Made Version)
CG 00 09 -- Owners and Contractors Protective Liability Coverage Form
CG 00 37 -- Products/Completed Operations Liability Coverage Form (Occurrence Version)
CG 00 38 -- Products/Completed Operations Liability Coverage Form (Claims-Made Version)
Editorial changes have been made to these policies by separately labeling and including appropriate letter-
lng/numbering for each of the two Supplementary Payments provisions.
CG 00 39 -- Pollution Liability Coverage Form
CG 00 40 -- Pollution Liability Limited Coverage Form
The "products-completed operations hazard" definition has been editorially revised and reformatted in
order to improve its readability. In addition, these endorsements are revised to provide consistency with
the changes made to the pollution exclusion in the CGL policy.
A reference to managers of limited liability companies has been added to the Failure to Comply with
Environmental Laws to exclude managers of limited liability companies from coverage for liability for
bodily injury or property damage arising out of a pollution incident (for the Pollution policies) or arising out
of an underground storage tank incident (for the UST policy) which results from that manager's failure to
comply with any applicable statute, regulations, ordinance, directive or order.
CLARIFICATIONS IN COVERAGE AND OTHER EDITORIAL REVISIONS -- ENDORSEMENTS
CG 04 28 -- Pollution Exclusion - Named Peril Limited Exception For A Short-Term Pollution Event
CG 04 29 -- Pollution Exclusion - Limited Exception For A Short-Term Pollution Event
CG 04 30 -- Pollution Exclusion - Limited Exception For Designated Pollutant(s)
CG 21 49 -- Total Pollution Exclusion Endorsement
CG 21 55 -- Total Pollution Exclusion With A Hostile Fire Exception
NP 70 00 03 99 Coovrioht. Insurance Services Office, Inc., 1998 Pawe 3 of 8
CG 22 64
CG 22 73
CG 22 78
CG 24 15 --
CG 83 19 --
CG 83 2O --
CG01 57 --
CG 26
These endorsements have been
General Liability Coverage Forms.
-- Pesticide or Herbicide Applicator Coverage
-- Exclusion - Oil or Gas Producing Operations
-- Hazardous Material Contractors
Limited Pollution Liability Extension En~torsement
Amendment of Pollution Exclusion (Premises)
Contractors Amendment of Pollution Exclusion (Job Site)
North Carolina Changes - Pesticide Applicator and Dealer Coverage
16 -- Pennsylvania Changes - Pesticide Applicator Coverage
revised to reflect the changes made to the pollution exclusion in the
CG 21 40 -- Coverage B - Personal Injury Liability Only (Advertising Injury Liability Not Included) (Occur-
rence Version)
CG 21 48 -- Coverage B - Personal Injury Liability Only (Advertising Injury Liability Not Included) (Claims-
Made Version)
These endorsements are being withdrawn from the muttistate program because the "personal injury" and
"advertising injury" definitions are being combined.
Due to the withdrawal of these endorsement, the option to exclude only advertising injury offenses with-
out excluding personal injury offenses is no longer available.
CG 21 45 -- Exclusion - Damage To Premises Rented To You
The title has been changed to Exclusion - Damage to Premises Rented To You to be consistent with the
changes made in the underlying Commercial General Liability (CGL).
CG 22 37 -- Exclusion - Products And Professional Services (Optical And Hearing Aid Establishments)
CG 22 65 -- Optical and Hearing Aid Establishments (For use with CGL policies)
These endor~sements are revised to more closely reflect the wording of the Products Liability exclusion
contained in the Optometrists Professional Liability Coverage Form
PR 00 11 12 97.
CG 22 32 -- Exclusion - Professional Services - Blood Banks Endorsement
This endorsement is revised to provide for consistency of wording with the coverage afforded under PR
00 07 12 97, Blood Banks Professional Liability Coverage Form.
CG 22 71 -- Colleges or Schools (Limited Form)
CG 22 72 -- Colleges or Schools
Paragraph B.2., adds an athletic or sports exclusion and will apply regardless of whether the insured school
has a stadium, has been added to these endorsements. While an exclusion is added to this form, this is a
clarification because how your coverage is restricted depends on if the school has a stadium. Coverage will
not be restricted if the school has a stadium because while CG 21 01, Exclusion - Athletic or Sports
Participants, will no longer apply, for college or school risks, CG 22 71 and CG 22 72 will apply to these
school risks.
CG 22 89 -- Exclusion -- Property Damage To Electronic Data (Computer Software Manufacturer)
This endorsement has been clarified by adding additional language to clarify the definition of "insured
contract" with respect to the manufacturing or development of computer software programs.
CG 24 09 -- Governmental Subdivisions
This reference to the definition of "mobile equipment"
definition 1 1. to definition 12.
/
in this endorsement has been renumbered from
CG 24 10 -- Excess Provision - Vendors
This endorsement is revised to include the Commercial General Liability Coverage Part as an applicable line
of business again.
CG 25 01 -- Amendment of Limits of Insurance (Designated Project or Premises) (for use with the CGL)
CG 25 02 -- Amendment of Limits of Insurance (for use with the CGL)
These endorsements have been revised for consistency with the changes made to the Commercial General
Liability (CGL) policy. The reference Fire Damage coverage has been changed to Damage To Premises
Rented To You coverage and the limit reference has been changed from any one fire limit to any one
premises limit.
CG 25 11 -- Amendment of Limits of Insurance (Designated Project or Premises)
This endorsement has been introduced (for use with the OCP) to provide a way to replace the limits shown
in the Declarations of the OCP policy with the limits designated in the Schedule of the endorsement for the
project or premises designated in the endorsement
CG 27 10 -- Supplemental Extended Reporting Period Endorsement
CG 27 11 -- Supplemental Extended Reporting Period Endorsement For Specific Accidents, Products,
Work Or Locations
These endorsements have been revised to remove the words "Amendment of Other Insurance Conditions"
from the title. The Other Insurance Condition is also being revised to amend the Excess Insurance provision
so that the insurance provided under the CGL will be excess over any other insurance bought specifically to
cover the named insured's liability as a tenant
CG 28 05 --- Personal Injury Liability
This endorsement has been modified to reflect the changes to Coverage B, Personal And Advertising Injury
Liability in the Commercial General Liability Coverage Form.
CG 28 07 -- Principals Protective Liability Coverage
This endorsement is revised to be consistent with the changes in CG 00 09, Owners and Contractors
Protective Liability Coverage Form.
CG 28 31 -- Pollution Exclusion Amendment Endorsement
This endorsement is revised to provide for consistency with the changes made to the pollution exclusion.
CG 20 07 -- Additional Insured - Engineers, Architects, Or Surveyors.
CG 20 12 -- Additional Insured - State Or Political Subdivisions - Permits
CG 20 21 -- Additional Insured - Volunteer Workers
CG 20 22 -- Additional Insured - Church Members, Officers And Volunteer Workers
CG 20 32 -- Additional Insured - Engineers, Architects Or Surveyors Not Engaged By The Named Insured
CG 20 33 -- Additional Insured - Owners, Lessees Or Contractors - Automatic Status When Required In
Construction Agreement With You
CG 21 00 -- Exclusion - All Hazards In Connection With Designated Premises
CG 21 16 -- Exclusion - Designated Professional Services
NP '/0 110 0.1 .clg (~nn~rir~ht Inm~r~n~ ~¢.rvice.~ Offir.~. In¢ 1.q.qF~ Pmo~ .~ of I]
CG21 17
CG 21 44
CG 21 46
CG 21 47
CG 21 52
CG 21 56
CG21 57
CG21 58
CG 21 59
CG 22 24
CG 22 30
CG 22 31
CG 22 33
CG 22 34
CG 22 36
CG 22 37
CG 22 38
CG 22 39
CG2243
CG 22 44
CG 22 45
CG 22 48
CG 22 51
CG 22 56
CG 22 60
CG 22 65
CG 22 69
CG 22 71
CG 22 72
CG 22 74
CG 22 75
CG 22 76
CG 22 77
CG 22 79
CG 22 80
-- Exclusion - Movement Of Buildings Or Structures
-- Limitation Of Coverage To Designated Premises Or Project
-- Abuse Or Molestation Exclusion
-- Employment-Related Practices Exclus/ion
-- Exclusion - Financial Services
-- Exclusion - Funeral Services
-- Exclusion - Counseling Services
-- Exclusion - Professional Veterinarian Services
-- Exclusion - Diagnostic Testing Laboratories
-- Exclusion - Inspection, Appraisal And Survey Companies
-- Exclusion - Corporal Punishment
-- Exclusion - Riot, Civil Commotion Or Mob Action - Governmental Subdivisions
-- Exclusion - Testing Or Consulting Errors And Omissions
-- Exclusion - Construction Management Errors And Omissions
-- Exclusion - Products And Professional Services (Druggists)
-- Exclusion - Products And Professional Services (Optical and Hearing Aid Establishments)
-- Exclusion - Fiduciary Or Representative Liability Of Financial Institutions
-- Exclusion - Camps Or Campgrounds
-- Exclusion - Engineers, Architects Or Surveyors Professional Liability
-- Exclusion - Services Furnished By Health Care Providers
-- Exclusion - Specified Therapeutic Or Cosmetic Services
-- Exclusion - Insurance And Related Operations
-- Exclusion - Law Enforcement Activities
-- Exclusion - Injury To Volunteer Firefighters
-- Limitation Of Coverage - Real Estate Operations
-- Optical And Hearing Aid Establishments
-- Druggists
--. Colleges Or Schools (Limited Form)
-- Colleges Or Schools
-- Limited Contractual Liability Coverage For Personal And Advertising Injury
-- Professional Liability Exclusion - Computer Software
-- Professional Liability Exclusion - Health Or Exercise Clubs
-- Professional Liability Exclusion - Electronic Data Processing
-- Exclusion - Contractors - Professional Liability
-- Limited Exclusion - Contractors - Professional Liability
CG 22 87 -- Exclusion - Adult Day Care Centers
CG 22 88 -- Professional Liability Exclusion - Electronic Data Processing Exclusion and Computer Con-
suiting Or Programming Services
CG 22 90 -- Professional Liability Exclusion - Spas Or Personal Enhancement Facilities
CG 22 91
CG 24 11
CG 83 29
CG 82 79
CG01 78
CG 01 25
CG01 2O
CG 01 28
-- Exclusion - Telecommunication Equipment Or Service Providers Errors And Omissions
-- Fiduciaries - Fiduciary Interest
-- Additional Insured - Lessor of Leased Workers
-- Additional Insured - Engineers, Architects, or Surveyors
-- Florida Changes - Druggists
-- Louisiana Changes - Insuring Agreement
-- Minnesota Changes - Townhouses
-- Minnesota Changes - Condominiums
CG 22 85 -- Minnesota Changes - Limited Contractual Liability Coverage for Personal and Advertising
Injury
CG 01 81 -- Washington Changes
CG 01 79 -- Washington Changes - Employment/Related Practices Exclusion
CG 01 65 -- Illinois Changes - Condominiums
Editorial changes have been made to these endorsements to reflect the combined definition of "personal
and advertising injury".
CG 01 22 -- Minnesota Changes - Contractual Liability Exclusion and Supplementary Payments
CG 26 05 -- Minnesota Changes
CG 01 60 -- Wyoming Changes
Editorial changes have been made to these endorsements to reflect the changes in Supplementary Pay-
ments.
CG 80 67 -- Amendment of Liquor Liability Exclusion
Definition of "occurrence" in this endorsement has been renumbered from definition 9 to definition 13.
EDITORIAL REVISIONS - - DECLARATIONS AND SCHEDULE
CG 80 00 -- Commercial Liability Policy Declaration
CG 81 02 -- Contractors Liability Policy Declaration
CG 81 21 -- Commercial Liability Policy Change Endorsement
CLARIFICATIONS IN COVERAGE AND OTHER EDITORIAL REVISIONS -- COMPANY INTERLINE EN-
DORSEMENTS
LC 87 01 -- Exclusion - Liability Arising Out Of Lead
LC 87 02 -- Michigan Lead Liability Limitation
Lead liability is being excluded by this new interline endorsement. Lead liability was previously excluded by
endorsement CG 82 80.
LC 87 00 -- Exclusion - Asbestos
Asbestos liability is being excluded by this new interline endorsement Asbestos liability was previously
excluded by endorsement CG 83 08.
MASTER PAK FOR GENERAL LIABILITY
CG 83 30 -- General Liability
Master Pak®
CG 84 07 -- General Liability
Master Pak®
No Medical Payments Extension
Coverage has been broadened to include coverage for property damage by lightning to Premises Rented
To You.
Coverage has been decreased due to the withdraw of the Liberalization section.
Section 12 Duties In The Event Of Occurrence, Offense, Claim or Suit has been expanded to include
members or managers of a Limited Liability Company.
NP 70 00 03 99 CoDvrioht. Insurance Services Office, Inc., 1998 Page 7 of 8
Editorial changes have been made to reflect the combined definition of "personal and advertising injury".
The reference to Fire Damage coverage has been changed to Damage To Premises Rented To You cov-
erage and Care, Custody or Control Coverage has been changed to Off Premises Care, Custody or Control
Coverage. /
The "bodily injury" definition has been editorial.ly revised in order to improve readability. A definition for
"explosion" has been added to the Fire, Lightning, "Explosion" and Sprinkler Leakage Damage To Premises
You Rent section.
Ohio 'Cas~/al~ Group
Auditable
Pohcies
Answers to your questions
M20180(11/99)
OHIO CASUALTY GROUP
M20180(11/99)
Ohio Cas~'al~ Group
Auditable
Policies
Answers to your questions
THIS
NO"EICE
POLICY IS AUDITABLE. PLEASE REFER TO
CONDITIONS OF THE POLICY
THE
INSURANCE IS PROVIDED BY THE COMPANY DESIGNATED BELOW
(A stock insurance company, herein called the company)
WEST AMERICAN INSURANCE COMPANY
POLICY NUMBER
BLW (0l) 50 65 30 02
COMMERCIAL LIABILITY POLICY
ityGm
The Ohio Casua upof Insurance Companies
136 North Third Street, Hamilton, Ohi° 45025 POLICY DECLARATIONS
NAMED INSURED & MAILING ADDRESS
THE CLUBHOUSE, INC
P.O. BOX 317
MCCALL ID
83638
AGENT'S NAME & ADDRESS ] 77N 1 ] N] QEQ1
TELEPHONE: (208) 634-4101
WILLIAM A KIRK AGENCY INC
1005 N 3RD ST
MC CALL ID 83638-3822
PREVIOUS POLICY NO. RT.W qf)
INSURED'S BUSINESS RESTAURANT
INSURED ISCORPORATION
POLICY PERIOD:THIS POLICY IS IN FORCE FROM 05/05/00 TO 05/05/01 AT
12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE.
THESE DECLARATIONS, TOGETHER WITH THE COMMON POLICY CONDITIONS, AND THE
COMMERCIAL LIABILITY COVERAGE PART (WHICH CONSISTS OF COVERAGE FORMS AND
OTHER APPLICABLE FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART
OF IT) COMPLETE THIS POLICY.
POLICY DECLARATIONS SCHEDULES - TABLE OF CONTENTS
PAGE TITLE
COMMERCIAL LIABILITY LIMITS OF INSURANCE
FORMS AND ENDORSEMENTS
COMMERCIAL LIABILITY DECLARATIONS
THIS P. OLICY WILL BE AUDITED AT EXPIRATION
TOTAL PROVISIONAL PREMIUM: ............ (T.O.P.P.)
N06
CONTINUED ON PAGE 2
lssue Date 03/22/O0 At CINCINNATI BRANCH OFFICE By
CT2 EX16 1770 03/21/00 77534 INSURED'S COPY
$995.00
Authorized Representatwe
PAGE: i
in witness whereof, we have caused this policy to be signed by our authorized officers.
....... e ....
Chief Executive
The Ohio Casua[tyGroup of
Insurance Companies POLICY DECLARATIONS
136 North Third Street, Hamilton, Ohio 45025
NAME OF COMPANY WEST AMERICAN INSURANCE COMPANY
NAMED iNSURED THE CLUBHOUSE, INC / POLICY NO. BLW (01) 50 65 30 02
COMMERCIAL LIABILITY LIMITS OF INSURANCE
GENERAL AGGREGATE LIMIT $1,000,000
(OTHER THAN PRODUCTS-COMPLETED OPERATIONS)
PRODUCTS-COMPLETED OPERATIONS AGGREGATE LIMIT $1,000,000
PERSONAL AND ADVERTISING INJURY LIMIT $500,000
EACH OCCURRENCE LIMIT $500,000
FIRE DAMAGE LIMIT (ANY ONE FIRE) $100,000
MEDICAL EXPENSE LIMIT (ANY ONE PERSON) $5,000
SCHEDULE OF FORMS AND ENDORSEMENTS
FORMS/ENDORSEMENTS APPLICABLE TO THIS POLICY AT TIME OF ISSUE
CG00010798 CG00570999 CG21470798 CG24070196
CG83300799 IL00171198 IL00210498 IL02040498
LC87030399 LC87080799
. . . . . . . . . . . . . . . . . . . .
:::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::
:::::::::::::::::::::::::::::::::::
CT2 EXi6 1770 03/21/00 77534 INSURED'S COPY PAGE: 2
The Ohio CasuaityGroup
oflnsurance Companies POLZC'Z ECLARg. TO S
136 North Third Street, Hamilton, Ohio 45025
NAME OF COMPANY WEST AMERICAN INSURANCE COMPANY
NAMED INSURED THE CLUBHOUSE, INC / POLICY NO. BLW (01) 50 65 30 02
:: :E:~:~:~:~:~: :E: :~:~:E:E: SE:K~$~:E: ::~:~$~$~:~ 5:~:~:~:~:~
~:::~$: ~..:~:. ============================
..... ~ ...... .~ .......................... ~ .......... INSURED. THE CLUBHOUSE, INC
~{~?:~::~::~::?:~::~?:?:~::~?:~::~~ P R E M I S E / O P E R A T I O N S
~ ............ :~:::?::: ~::~:~:~?<':~:~:: END OF DECLARAT IONS
COMMERCIAL GENERAL
Various provisions in this policy restrict cover-
age. Read the entire policy carefully to determine
rights, duties and what is and is not covered.
Throughout this policy the words "you" and "your"
refer to the Named Insured shown in the Declara-
tions, and any other person or organization quali-
fying as a Named Insured under this policy. The
words "we," "us" and "our" refer to the company
providing this insurance.
The word "insured" means any person or organi-
zation qualifying as such under Section II - Who
Is An Insured.
Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V -
Definitions.
SECTION I - COVERAGES
COVERAGE A. BODILY INJURY AND PROPERTY
DAMAGE LIABILITY
1. Insuring Agreement.
a. We will pay those sums that the insured
becomes legally obligated to pay as
damages because of "bodily injury" or
"property damage" to which this insur-
ance applies. We will have the right and
duty to defend the insured against any
"suit" seeking those damages. However,
we will have no duty to defend the in-
sured against any "suit" seeking damages
for, "bodily injury" or "property damage"
to which this insurance does not apply.
We may at our discretion investigate any
"occurrence" and settle any claim or
"suit" that may result. But:
(1) The amount we will pay for damages
is limited as described in Section I!1
- Limits Of Insurance; and
(2) Our right and duty to defend end
when we have used up the applicable
limit of insurance in the payment of
judgments or settlements under
Coverages A or B or medical ex-
penses under Coverage C.
No other obligation or liability to pay
sums or perform acts or services is
covered unless explicitly provided for
under SUPPLEMENTARY PAYMENTS -
COVERAGES A and B.
COMMERCIAL GENERAL LIABILITY
CG 00 01 07 98
LIABILITY COVERAGE FORM
b. This insurance applies to "bodily injury"
and "property damage" only if:
(1) The "bodily injury" or "property
damage" is caused by an "occur-
rence'' that takes place in the "cov-
erage territory;" and
(2) The "bodily injury" or "property
damage" occurs during the policy
period.
c. Damages because of "bodily injury" in-
clude damages claimed by any person or
organization for care, loss of services or
death resulting at any time from the
"bodily injury."
Exclusions.
This insurance does not apply to:
a. Expected or Intended Injury
"Bodily injury" or "property damage" ex-
pected or intended from the standpoint
of the insured. This exclusion does not
apply to "bodily injury" resulting from the
use of reasonable force to protect per-
sons or property,
b. Contractual Liability
"Bodily injury" or "property damage" for
which the insured is obligated to pay
damages by reason of the assumption of
liability in a contract or agreement. This
exclusion does not apply to liability for
damages:
(1) that the insured would have in the
absence of the contract or agree-
ment; or
(2) assumed in a contract or agreement
that is an "insured contract," pro-
vided the "bodily injury" or "property
damage" occurs subsequent to the
execution of the contract or agree-
ment. Solely for the purposes of li-
ability assumed in an "insured con-
tract", reasonable attorney fees and
necessary litigation expenses in-
curred by or for a party other than
an insured are deemed to be dam-
ages because of "bodily injury" or
"property damage", provided:
(a} liability to such party for, or for
the cost of, that party's defense
has also been assumed in the
same "insured contract"; and
C~ 00 01 07 98 Coovrioht. Insurance Services Office, Inc., 1997 Paqe 1 of 14
(b) such attorney fees and litigation
expenses are for defense of
that party against a civil or alter-
native dispute resolution pro-
ceeding in which damages to
which this insurance applies are
alleged.
Liquor Liability
"Bodily injury" or "property damage" for
which any insured may be held liable by
reason of:
(1) Causing or contributing to the in-
toxication of any person;
(2) The furnishing of alcoholic bever-
ages to a person under the legal
drinking age or under the influence
of alcohol; or
(3) Any statute, ordinance or regulation
relating to the sale, gift, distribution
or use of alcoholic beverages.
This exclusion applies only if you are in
the business of manufacturing, distribut-
ing, selling, serving or furnishing alco-
holic beverages.
Workers' Compensation And Similar
Laws
Any obligation of the insured under a
workers compensation, disability bene-
fits or unemployment compensation law
or any similar law.
Employer's Liability
"Bodily Injury" to:
(1) An "employee" of the insured arising
out of and in the course of:
(a) Employment by the insured; or
{b) Performing duties related to the
conduct of the insured's busi-
ness; or
(2) The spouse, child, parent, brother or
sister of that "employee" as a con-
sequence of Paragraph (1) above.
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.
This exclusion does not apply to liability
assumed by the insured under an "insured
contract."
Pollution
{1) "Bodily injury" or "property damage"
arising out of the actual, alleged or
threatened discharge, dispersal,
seepage, migration, release or es-
cape of pollutants:
(a) At or from any premises, site or
location which is or was at any
time owned or occupied by, or
rented or loaned to, any insured.
However, this subparagraph
does not apply to:
(i) "Bodily injury" if sustained
within a building and caused
by smoke, fumes, vapor or
soot from equipment used
to heat that building;
(ii) "Bodily injury" or "property
damage" for which you may
be held liable, if you are a
contractor and the owner or
lessee of such premises,
site or location has been
added to your policy as an
additional insured with re-
spect to your ongoing op-
erations performed for that
additional insured at that
premises, site or location
and such premises, site or
location is not and never
was owned or occupied by,
or rented or loaned to, any
insured, other than that ad-
ditional insured; or
(iii) "Bodily injury" or "property
damage" arising out of heat,
smoke or fumes from a
"hostile fire";
(b) At or from any premises, site or
location which is or was at any
time used by or for any insured
or others for the handling, stor-
age, disposal, processing or
treatment of waste;
(c) Which are or were at any time
transported, handled, stored,
treated, disposed of, or pro-
cessed as waste by or for any
insured or any person or orga-
nization for whom you may be
legally responsible; or
(d)
(ii)
(iii)
At or from any premises, site or
location on which any insured or
any contractors or subcontrac-
tors working directly or indi-
rectly on any insured's behalf are
performing operations if the
"pollutants" are brought on or'to
the premises, site or Iocatioh in
connection with such ope, rations
by such insured, contractor or
subcontractor. However, this
subparagraph does not apply to:
(i) "Bodily injury" or "property
damage" arising out of the
escape of fuels, lubricants
or other operating fluids
which are needed to per-
form the normal electrical,
hydraulic or mechanical
functions necessary for the
operation of "mobile equip-
ment'' or its parts, if such
fuels, lubricants or other
operating fluids escape
from a vehicle part designed
to hold, store or receive
them. This exception does
not apply if the "bodily in-
jury" or "property damage"
arises out of the intentional
discharge, dispersal or re-
lease of the fuels, lubricants
or other operating fluids, or
if such fuels, lubricants or
other operating fluids are
brought on or to the prem-
ises, site or location with the
intent that they be dis-
charged, dispersed or re-
leased as part of the oper-
ations being performed by
such insured, contractor or
subcontractor;
"Bodily injury" or "property
damage" sustained within a
building and caused by the
release of gases, fumes or
vapors from materials
brought into that building in
connection with operations
being performed by you or
on your behalf by a con-
tractor or subcontractor; or
"Bodily injury" or "property
damage" arising out of heat,
smoke or fumes from a
"hostile fire".
(e) At or from any premises, site or
location on which any insured or
any contractors or subcontrac-
tors working directly or indi-
rectly on any insured's behalf are
performing operations if the
operations are to test for, mon-
itor, clean up, remove, contain,
treat, detoxify or neutralize, or
in any way respond to, or assess
the effects of, "pollutants".
(2) Any loss, cost or expense arising out
of any:
(a) Request, demand, order or stat-
utory or regulatory requirement
that any insured or others test
for, monitor, clean up, remove,
contain, treat, detoxify or neu-
tralize, or in any way respond to,
or assess the effects of, "pollu-
tants''; or
(b) Claim or suit by or on behalf of a
governmental authority for
damages because of testing for,
monitoring, cleaning up, remov-
ing, containing, treating, detox-
ifying or neutralizing, or in any
way responding to, or assessing
the effects of, "pollutants".
However, this paragraph does not
apply to liability for damages be-
cause of "property damage" that the
insured would have in the absence of
such request, demand, order or
statutory or regulatory requirement,
or such claim or "suit~' by or on be-
half of a governmental authority.
Aircraft, Auto or Watercraft
"Bodily injury" or "property damage"
arising out of the ownership, mainten-
ance, use or entrustment to others of
any aircraft, "auto" or watercraft owned
or operated by or rented or loaned to
any insured. Use includes operation and
"loading or unloading."
This exclusion does not apply to:
(1) A watercraft while ashore on prem-
ises you own or rent;
(2) A watercraft you do not own that is:
(a) Less than 26 feet long; and
(b) Not being used to carry persons
or property for a charge;
~..G 00 01 07 .qB Co~vridht. Insurance Services Office. Inc.. 1997 Pacle 3 of 14
(3) Parking an "auto" on, or on the ways
next to, premises you own or rent,
provided the "auto" is not owned by
or rented or loaned to you or the in-
sured;
(4) Liability assumed under any "insured
contract" for the ownership, main-
tenance or use of aircraft or water-
craft; or '
(5) "Bodily injury" or "property damage"
arising out of the operation of any of
the equipment listed in Paragraph
f.(2) or f.(3) of the definition of "mo-
bile equipmenf'.
Mobile Equipment
"Bodily injury" or "property damage"
arising out of:
(1) The transportation of "mobile equip-
ment~' by an "auto" owned or oper-
ated by or rented or loaned to any
insured; or
(2) The use of "mobile equipment" in, or
while in practice for, or while being
prepared for, any prearranged rac-
ing, speed, demolition, or stunting
activity.
War
"Bodily injury" or "property damage" due
to war, whether or not declared, or any
act or condition incident to war. War in-
cludes civil war, insurrection, rebellion or
revolution. This excfusion applies only to
liability assumed under a contract or
agreement.
Damage to Property
"Property damage" to:
(1} Property you own, rent, or occupy;
{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, cus-
tody 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 per-
forming operations, if the "property
damage" arises out of those oper-
ations; or
{6) That particular part of any property
that must be restored, repaired or
replaced because "your work" was
incorrectly performed on it.
Paragraphs (1), (3) and (4} of this exclu-
sion 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 in-
surance applies to Damage To Premises
Rented To You as described in Section I!1
- Limits Of Insurance.
Paragraph (2) of this exclusion does not
apply if the premises are "your work" and
were never occupied, rented or held for
rental by you.
Paragraphs (3), {4), (5) and (6) of this ex-
clusion do not apply to liability assumed
under a sidetrack agreement
Paragraph (6) of this exclusion does not
apply to "property damage" included in
the "products- completed operations
hazard."
Damage to Your Product
"Property damage" to "your product"
arising out of it or any part of it.
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.
Damage to Impaired Property or Prop-
erty Not Physically Injured
"Property damage" to "impaired proper-
ty'' or property that has not been phys-
ically injured, arising out of:
(1} A defect, deficiency, inadequacy or
dangerous condition in "your prod-
uct'' or "your work;" or
{2) A delay or failure by you or anyone
acting on your behalf to perform a
contract or agreement in accor-
dance with its terms.
This exclusion does not apply to the loss
of use of other property arising out of
sudden and accidental physical injury to
"your product" or "your work" after it has
been put to its intended use.
n. Recall of Products, Work or Impaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for
the loss of use, withdrawal, recall, in-/
spection, repair, replacement, adjust-
ment, removal or disposal of:
(1) "Your product;"
(2) "Your work;" or
(3) "Impaired property;"
if such product, work, or property is
withdrawn or recalled from the market
or from use by any person or organiza-
tion because of a known or suspected
defect, deficiency, inadequacy or dan-
gerous condition in it.
o. Personal And Advertising Injury
"Bodily injury" arising out of "personal
and advertising injury".
Exclusions c. through n. do not apply to
damage by fire to premises while rented to
you or temporarily occupied by you with
permission of the owner. A separate limit of
insurance applies to this coverage as de-
scribed in Section III - Limits Of Insurance.
COVERAGE B. PERSONAL AND ADVERTISING
INJURY LIABILITY
1. Insuring Agreement.
a. We will pay those sums that the insured
becomes legally obligated to pay as
damages because of "personal and ad-
vet. rising injury" to which this insurance
applies. We will have the right and duty to
defend the insured against any "suit"
seeking those damages. However, we
will have no duty to defend the insured
against any "suit" seeking damages for
"personal and advertising injury" to which
this insurance does not apply. We may, at
our discretion, investigate any offense
and settle any claim or "suit" that may re-
suit But
{1) The amount we will pay for damages
is limited as described in Section III
- Limits Of Insurance; and
(2) Our right and duty to defend end
when we have used up the applicable
limit of insurance in the payment of
judgments or settlements under
Coverage A or B or medical ex-
penses under Coverage C.
No other obligation or liability to pay
sums or perform acts or services is
covered unless explicitly provided for
under Supplementary Payments - Cov-
erages A And B.
b. This insurance applies to:
"personal and advertising injury" caused
by an offense arising out of your busi-
ness
but only if the offense was committed in
the "coverage territory" during the policy
period.
Exclusions.
This insurance does not apply to:
a. "Personaland advertising injury":
(1) Caused by or at the direction of the
insured with the knowledge that the
act would violate the rights of an-
other and would inflict "personal and
advertising injury";
(2) Arising out of oral or written pub-
lication of material, if done by or at
the direction of the insured with
knowledge of its falsity;
(3) Arising out of oral or written pub-
lication of material whose first pub-
lication took place before the begin-
ning of the policy period;
(4) Arising out of a criminal act
committed by or at the direction of
any insured;
(5) For which the insured has assumed
liability in a contract or agreement.
This exclusion does not apply to li-
ability for damages that the insured
would have in the absence of the
contract or agreement; or
(6) Arising out of a breach of contract,
except an implied contract to use
another's advertising idea in your
"advertisement";
(7) Arising out of the failure of goods,
products or services to conform
with any statement of quality or per-
formance made in your "advertise-
ment'';
(8) Arising out of the wrong description
of the price of goods, products or
services stated in your "advertise-
ment'';
CG 00 01 07 98 CoDvriaht. Insurance Services Office, Inc., 1997 Page 5 of 14
b. Any
any:
(1)
(9) Committed by an insured whose
business is advertising, broadcast-
ing, publishing or telecasting. How-
ever, this exclusion does not apply
to Paragraphs t4. a., b. and c. of
"personal and advertising injury" un-
der the Definitions Section; or
(10) Arising out of the actual, alleged or
threatened discharge, dispersal,
seepage, migration, release or es-
cape of "pollutants" at any time.
loss, cost or expense arising out of
COVERAGE
1.
Request, demand or order that any
insured or others test for, monitor,
clean up, remove, contain treat, de-
toxify or neutralize, or in any way
respond to, or assess the effects of
"pollutants"; or
(2} Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing,
or in any way responding to, or as-
sessing the effects of "pollutants".
C. MEDICAL PAYMENTS
Insuring Agreement.
a. We will pay medical expenses as de-
scribed below for "bodily injury" caused
by an accident
(1) On premises you own or rent;
(2) On ways next to premises you own
or rent; or
(3) Because of your operations;
provided that:
(1) The accident takes place in the "cov-
erage territory" and during the policy
period;
(2) The expenses are incurred and re-
ported to us within one year of the
date of the accident; and
(3) The injured person submits to ex-
amination, at our expense, by physi-
cians of our choice as often as we
reasonably require.
b. We will make these payments regardless
of fault These payments will not exceed
the applicable limit of insurance. We will
pay reasonable expenses for:
(1) First aid administered at the time of
an accident;
(2} Necessary medical, surgical, x-ray
and dental services, including pros-
thetic devices; and
(3) Necessary ambulance, hospital, pro-
fessional nursing and funeral ser-
vices.
2. Exclusions.
We will not pay expenses for "bodily injury:"
a. To any insured.
b. To a person hired to do work for or on
behalf of any insured or a tenant of any
insured.
c. To a person injured on that part of
premises you own or rent that the per-
son normally occupies.
d. To a person, whether or not an "employ-
ee'' of any insured, if benefits for the
"bodily injury" are payable or must be
provided under a workers compensation
or disability benefits law or a similar law.
e. To a person injured while taking part in
athletics.
f. included within the "products-completed
operations hazard."
9. Excluded under Coverage A.
h. Due to war, whether or not declared, or
any act or condition incident to war. War
includes civil war, insurrection, rebellion
or revolution.
SUPPLEMENTARY PAYMENTS - COVERAGES
A AND B
1. We will pay, with respect to any claim we
investigate or settle, or any "suit" against an
insured we defend:
a. All expenses we incur.
b. Up to $250 for cost of bail bonds re-
quired because of accidents or traffic
law violations arising out of the use of
any vehicle to which the Bodily Injury Li-
ability Coverage appdes. We do not have
to furnish these bonds.
c. The cost of bonds to release attach-
ments, but only for bond amounts within
the applicable limit of insurance. We do
not have to furnish these bonds.
d. All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or
"suit," including actuat loss of earnings up
to S250 a day because of time off from
work.
part of the judgment that is within
applicable limit of insurance.
These payments will not reduce the limits of
surance.
e. All costs taxed against the insured in the
"suit."
f. Prejudgment interest awarded against
the insured on that part of the judgment
we pay. If we make an offer to pay the
applicable limit of insurance, we will not
pay any prejudgment interest based 'on
that period of time after the offer.
g. All interest on the full arnount-of any
judgment that accrues after entry of the
judgment and before we have paid, of-
feted to pay, or deposited in court the
the
in-
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
indernnitee if all of the following conditions
are met
a. The "suit"' against the indemnitee seeks
damages for which the insured has as-
sumed the liability of the indemnitee in a
contract or agreement that is an "insured
contract"';
This insurance applies to such liability as-
sumed by the insured;
c. The obligation to defend, or the cost of
the defense of, that indemnitee, has also
been assumed by the insured in the same
"insured contract";
d. The allegations in the "suit"' and the in-
formation we know about the "occur-
rence'' are such that no conflict appears
to exist between the interests of the in-
sured and the interests of the
indemnitee;
e. The indemnitee and the insured ask us to
conduct and control the defense of that
indemnitee against such "suit" and agree
that we can assign the same counsel to
defend the insured and the indemnitee;
and
The indemnitee:
(1) agrees in writingto:
(a} cooperate with us in the inves-
tigation, settlement or defense
of the "suit";
(b} immediately send us copies of
any demands, notices, sum-
monses or legal papers received
in connection with the "suit";
(c) notify any other insurer whose
coverage is available to the
indemnitee; and
(d) cooperate with us with respect
to coordinating other applicable
insurance available to the
indemnitee; and
(2} provides us with written authoriza-
tion to:
(a) obtain records and other infor-
mation related to the "suit"; and
(1~) conduct and control the defense
of the indemnitee in such "suit".
So long as the above conditions are met, at-
torneys fees incurred by us in the defense of
that indemnitee, necessary litigation ex-
penses incurred by us and necessary litiga-
tion expenses incurred by the indemnitee at
our request will be paid as Supplementary
Payments. Notwithstanding the provisions of
Paragraph 2. b.(2) of Section I - Coverage A
-- Bodily Injury And Property Damage Liabil-
ity, such payments will not be deemed to be
damages for "bodily injury" and "property
damage" and will not reduce the limits of in-
surance.
Our obligation to defend an insured's
indemnitee and to pay for attorneys fees and
necessary litigation expenses as Supplemen-
tary Payments ends when:
a. We have used up the applicable limit of
insurance in the payment of judgments
or settlements; or
la. The conditions set forth above, or the
terms of the agreement described in
Paragraph f. above, are no longer met.
SECTION II - WHO IS AN INSURED
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are
insureds, but only with respect to the
conduct of a business of which you are
the sole owner.
b. A partnership or joint venture, you are an
insured. Your members, your partners,
and their spouses are also insureds, but
only with respect to the conduct of your
business.
c. A limited liability company, you are an in-
sured. Your members are also insureds,
but only with respect to the conduct of
your business. Your managers are in-
sureds, but only with respect to their du-
ties as your managers.
Er, oo 01 o? g8 Coovrioht Insurance Services Office, lnc.. 1997 Pa,qe 7 of 14
d. An organization other than a partnership,
joint venture or limited liability company,
you are an insured. Your "executive of-
ricers" and directors are insureds, but
only with respect to their duties as your
officers or directors. Your stockholders
are also insureds, but only with respect
to their liability as stockholders.
Each of the following is also an insured:'
a. Your "employees", other than either your
"executive officers", (if you are an or-
ganization other than a partnership, joint
venture or limited liability company) or
your managers (if you are a limited liabil-
ity company), but only for acts within the
scope of their employment by you or
while performing duties related to the
conduct of your business. However,
none of these "employees" is an insured
for:
(1) "Bodily injury" or "personal and ad-
vertising injury";
(a) To you, to your partners or
members (if you are a partner-
ship or joint venture), to your
members (if you are a limited li-
ability company), or to a
co-"employee" while that
co-"employee" is either in the
course of his or her employ-
ment, or performing duties re-
lated to the conduct of your
business;
(b) To the spouse, child, parent,
brother or sister of that
co-"employee" as a conse-
quence of Paragraph (1)(a)
above;
{c) For which there is any obligation
to share damages with or repay
someone else who must pay
damages because of the injury
described in Paragraphs (1)(a) or
(b) above; or
(d) Arising out of his or her provid-
ing or failing to provide profes-
sional health care services.
(2) "Property damage" to property:
(a) Owned, occupied or used by,
(b) Rented to, in the care, custody
or control of, or over which
physical control is being exer-
cised for any purpose by
you, any of your "employees", any
partner or member (if you are a
partnership or joint venture) or any
member (if you are a limited liability
company).
b. Any person (other than your"employee"),
or any organization while acting as your
real estate manager.
c. Any person or organization having prop-
er 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 appointecL
d. Your legal representative if you die, but
only with respect to duties as such. That
representative will have ali your rights
and duties under this Coverage Part.
With respect to "mobile equipment" regis-
tered 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. How-
ever, no person or 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, rented to, in the charge of or oc-
cupied by you or the employer of any
person who is an insured under this pro-
vision.
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain ownership or majority interest, will
qualify as a Named Insured if there is no other
similar insurance available to that organiza-
tion. However:
a. Coverage under this provision is afford-
ed only until the 90th day after you ac-
quire or form the organization or the end
of the policy period, whichever is earlier;
b. Coverage A does not apply to "bodily in-
jury" or "property damage" that occurred
before you acquired or formed the or-
ganization; and
c. Coverage El does not apply to "personal
and advertising injury" arising out of an
offense committed before you acquired
or formed the organization.
No person or organization is an insured with re-
spect to the conduct of any current or past part-
nership, joint venture or limited liability comRany
that is not shown as a Named Insured in the Dec-
larations.
SECTION III - LIMITS OF INSURANCE
1. The Limits of Insurance shown in the Dec-
larations and the rules below fix the most we
wilt pay regardless of the number of:
a. Insureds;
b. Claims made or"suits" brought; or
c. Persons or organizations making claims
or bringing "suits."
2. The General Aggregate Limit is the most we
will pay for the sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except
damages because of "bodily injury" or
"property damage" included in the "pro-
ducts-completed operations hazard;"
and
c. Damages under Coverage B.
3. The Products-Completed Operations Ag-
gregate Limit is the most we will pay under
Coverage A for damages because of "bodily
injury" and "property damage" included in the
"products-completed operations hazard."
4. Subject to 2. above, the Personal and Ad-
vertising Injury Limit is the most we will pay
under Coverage B for the sum of all damages
because of all "personal and advertising in-
jury" sustained by any one person or organi-
zation.
5. Subject to 2. or 3, above, whichever applies,
the Each Occurrence Limit is the most we will
pay for the sum of:
a. Damages under Coverage A; and
b. Medical expenses under Coverage C
because of all "bodily injury" and "property
damage" arising out of any one "occurrence."
6. Subject to 5. above, the Damage To Premises
Rented To You Limit is the most we will pay
under Coverage A for damages because of
"property damage" to any one premises,
while rented to you, or in the case of damage
by fire, while rented to you or temporarily
occupied by you with permission of the
owner.
7. Subject to 5. above, the Medical Expense
Limit is the most we will pay under Coverage
C for all medical expenses because of "bodily
injury" sustained by any one person.
The Limits of Insurance of this Coverage Part ap-
ply separately to each consecutive annual period
and to any remaining period of less than 12
months, starting with the beginning of the policy
period shown in the Declarations, unless the poli-
cy period is extended after issuance for an addi-
tional period of less than 12 months. In that case,
the additional period will be deemed part of the
last preceding period for purposes of determin-
ing the Limits of Insurance.
SECTION IV - COMMERCIAL GENERAL
LIAEllLITY CONDITIONS
1. Bankruptcy.
Bankruptcy or insolvency of the insured or
of the insured's estate will not relieve us of
our obligations under this Coverage Part
2. Duties In The Event Of Occurrence, Of-
fense, Claim Or Suit.
a. You must see to it that we are notified as
soon as practicable of an "occurrence"
or an offense which may result in a claim.
To the extent possible, notice should in-
clude:
(1) How, when and where the "occur-
rence'' or offense took place;
(2) The names and addresses of any in-
jured persons and witnesses; and
(3) The nature and location of any injury
or damage arising out of the "occur-
rence'' or offense.
b. If a claim is made or "suit" is brought
against any insured, you must:
(1) Immediately record the specifics of
the claim or "suif' and the date re-
ceived; and
(2) Notify us as soon as practicable.
You must see to it that we receive writ-
ten notice of the claim or "suit"' as soon
as practicable.
c. You and any other involved insured must:
(1) Immediately send us copies of any
demands, notices, summonses or le-
gal papers received in connection
with the claim or "suit;"
(2} Authorize us to obtain records and
other information;
(3) Cooperate with us in the investiga-
tion or settlement of the claim or
defense against the "suit;" and
CG 00 01 07 98 CoDvric~ht, Insurance Services Office, Inc., 1997 Page 9 of 14
(4) Assist us, upon our request, in the
enforcement of any right against any
person or organization which may be
liable to the insured because of in-
jury or damage to which this insur-
ance may also apply.
d. No insured will, except at that insured's
own cost, voluntarily make a payment,
assume any obligation, or incur any ex-
pense, other than for first aid, without
our consent
Legal Action Against Us.
No person or organization has a right under
this Coverage Part:
a. To join us as a party or otherwise bring
us into a "suit" asking for damages from
an insured; or
b. To sue us on this Coverage Part unless all
of its terms have been fully complied
with.
A person or organization may sue us to re-
cover on an agreed settlement or on a final
judgment against an insured obtained after an
actual trial; but we will not be liable for dam-
ages that are not payable under the terms of
this Coverage Part or that are in excess of
the applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimant's legal representative.
Other Insurance
If other valid and collectible insurance is
available.to the insured for a loss we cover
under Coverages A or B of this Coverage
Part, our obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If this insurance is prima-
ry, our obligations are not affected un-
less any of the other insurance is also
primary. Then, we will share with all that
other insurance by the method described
in c. below.
b. Excess Insurance
This insurance is excess over:
(1) Any of the other insurance, whether
primary, excess, contingent or on
any other basis:
(a} That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your
work;"
(b) That is Fire insurance for prem-
ises rented to you or temporar-
ily occupied by you with per-
mission of the owner;
(c) That is insurance purchased by
you to cover your liability as a
tenant for "property damage" to
premises rented to you or tem-
porarily occupied by you with
permission of the owner; or
(d} If the loss arises out of the
maintenance or use of aircraft,
"autos" or watercraft to the ex-
tent not subject to Exclusion 9.
of Section I - Coverage A -
Bodily Injury And Property
Damage Liability.
(2} Any other primary insurance
available to you covering liability
for damage arising out of the
premises or operations for
which you have been added as
an additional insured by attach-
ment of an endorsement.
When this insurance is excess, we will
have no duty under Coverages A or B to
defend the insured against any "suit" if
any other insurer has a duty to defend
the insured against that "suit". If no other
insurer defends, we will undertake to do
so, but we will be entitled to the insured's
rights against all those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that ex-
ceeds 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
insuraQce.
We will share the remaining loss, if any,
with any other insurance that is not de-
scribed in this Excess Insurance provi-
sion and was not bought specifically to
apply in excess of the Limits of Insurance
shown in the Declarations of this Cov-
erage Part
Method of Sharing
If all of the other insurance permits con-
tribution 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 in-
surance 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 meth-
od, each insurer's share is based on the
ratio of its applicable limit of insurance/
to the total applicable limits of insurance
of all insurers.
5. Premium Audit.
a. We will compute all premiums -for this
Coverage Part in accordance with our
rules and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium
only. At the close of each audit period
we will compute the earned premium for
that period. Audit premiums are due and
payable on notice to the first Named In-
sured. If the sum of the advance and audit
premiums paid for the policy period is
greater than the earned premium, we will
return the excess to the first Named In-
sured.
c. The first Named Insured must keep
records of the information we need for
premium computation, and send us
copies at such times as we may request.
6. Representations.
By accepting this policy, you agree:
a. The statements in the Declarations are
accurate and complete;
b. Those statements are based upon repre-
sentations you made to us; and
c. We have issued this policy in reliance
upon your representations.
7. Separation Of Insureds,
Except with respect to the Limits of Insur-
ance, and any rights or duties specifically as-
signed in this Coverage Part to the first
Named Insured, this insurance applies:
a. As if each Named insured were the only
Named Insured; and
b. Separately to each insured against whom
claim is made or °'suit~' is brought.
8. Transfer Of Rights Of Recovery Against
Others To Us.
If the insured has rights to recover all or part
of any payment we have made under this
Coverage Part, those rights are transferred
to us. The insured 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.
9. When We Do Not Renew.
If we decide not to renew this Coverage Part,
we will mail or deliver to the first Named In-
sured shown in the Declarations written no-
tice of the nonrenewal not less than 30 days
before the expiration date.
If notice is mailed, proof of mailing will be
sufficient proof of notice.
SECTION V - DEFINITIONS
1. "Advertisement" means a notice that is
broadcast or published to the general public
or specific market segments about your
goods, products or services for the purpose
of attracting customers or supporters.
2. "Auto" means a land motor vehicle, trailer or
semitrailer designed for travel on public
roads, including any attached machinery or
equipment. But "auto" does not include "mo-
bile equipment"
3. "Bodily injury" means bodily injury, sickness
or disease sustained by a person, including
death resulting from any of these at any time.
4. "Coverage territory" means:
a. The United States of America (including
its territories and possessions), Puerto
Rico and Canada;
b. International waters or airspace, pro-
vided the injury or damage does not oc-
cur in the course of travel or transporta-
tion to or from any place not included in
a. above; or
c. All parts of the world if:
(1) The injury or damage arises out of:
(a) Goods or products made or sold
by you in the territory described
in a. above; or
(b) The activities of a person whose
home is in the territory de-
scribed in a. above, but is away
for a short time on your busi-
ness; and
(2) The insured's responsibility to pay
damages is determined in a "suit" on
the merits, in the territory described
in a. above or in a settlement we
agree to.
"Employee" includes a "leased worker". "Em-
ployee'' does not include a "temporary work-
er".
"Executive officer" means a person holding
any of the officer positions created by your
charter, constitution, by-laws or any other
similar governing document
CG 00 01 07 98 Coovri(~ht. Insurance Services Office, Inc.. 1997 Page 11 of 14
"Hostile fire" means one which becomes un-
controllable 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 de-
fective, deficient, inadequate or danger-
ous; or
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.
"Insured contract" means:
a. A contract for a lease of premises.
However, that portion of the contract
for a lease of premises that indemnifies
any person or organization for damage
by fire to premises while rented to you
or temporarily occupied by you with
permission of the owner is not an "in-
sured contract";
b. A sidetrack agreement;
c. Any easement or license agreement, ex-
cept in connection with construction or
demolition operations on or within 50
feet of a railroad;
d. An obligation, as required by ordinance,
to indemnify a municipality, except in
connection with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agree-
ment pertaining to your business (includ-
ing an indemnification of a municipality in
connection with work performed for a
municipality) under which you assume the
tort liability of another party to pay for
"bodily injury" or "property damage" to a
third person or organization. Tort liability
means a liability that would be imposed
by law in the absence of any contract or
agreement
Paragraph f. does not include that part of any
contract or agreement:
(1} That indemnifies a railroad for "bodily in-
jury" or "property damage" arising out of
construction or demolition operations,
within 50 feet of any railroad property
and affecting any railroad bridge or tres-
tle, tracks, road-beds, tunnel, underpass
or crossing;
(2) That indemnifies an architect, engineer or
surveyor for injury or damage arising out
of:
(a) Preparing, approving, or failing to
prepare or approve, maps, shop
drawings, opinions, reports, sur-
veys, field orders, change orders or
drawings and specifications; or
(b) Giving directions or instructions, or
failing to give them, if that is the pri-
mary cause of the injury or damage;
or
(3) Under which the insured, if an architect,
engineer or surveyor, assumes liability
for an injury or damage
insured's rendering or
professional services,
listed in (2) above and
spection, architectural
activities.
arising out of the
failure to render
including those
supervisory, in-
or engineering
10. "Leased worker" means a person leased to
you by a labor leasing firm under an agree-
ment between you and the labor leasing firm,
to perform duties related to the conduct of
your business. "Leased worker" does not in-
clude a "temporary worker".
11. "Loading or unloading" means the handling of
property:
a. After it is moved from the place where it
is accepted for movement into or onto
an aircraft, watercraft or "auto;"
b. While it is in or on an aircraft, watercraft
or "auto;" or
c. While it is being moved from an aircraft,
watercraft or "auto" to the place where it
is finally delivered;
but "loading or unloading" does not include
the movement of property by means of a
mechanical device, other than a hand truck,
that is not attached to the aircraft, watercraft
or "auto."
12. "Mobile equipment'' means any of the follow-
ing types of land vehicles, including any at-
tached machinery or equipment
a. Bulldozers, farm machinery, forklifts and
other vehicles designed for use princi-
pally off public roads;
1;3.
14.
Vehicles maintained for use solely on or
next to premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not,
maintained primarily to provide mobility
to permanently mounted:
(1) Power cranes, shovels, loaders, dig-
gers or drills; or
(2) Road construction or resu'rfacing
equipment such as graders, scrapers
or rollers;
e. Vehicles not described in a., b., c. or d.
above that are not self-propelled and are
maintained primarily to provide mobility
to permanently attached equipment of
the following types:
(1) Air compressors, pumps and gener-
ators, including spraying, welding,
building cleaning, geophysical ex-
ploration, lighting and well servicing
equipment; or
(2) Cherry pickers and similar devices
used to raise or lower workers;
f. Vehicles not described in a., b., c. or d.
above maintained primarily for purposes
other than the transportation of persons
or cargo.
However, self-propelled vehicles with
the following types of permanently at-
tached equipment are not "mobile equip-
ment"' but will be considered "autos:"
(1) Equipment designed primarily for:
· (a) Snow removal;
(b) Road maintenance, but not con-
struction or resurfacing; or
(c) Street cleaning;
(2) Cherry pickers and similar devices
mounted on automobile or truck
chassis and used to raise or lower
workers; and
(3) Air compressors, pumps and gener-
ators, including spraying, welding,
building cleaning, geophysical ex-
ploration, lighting and well servicing
equipment
"Occurrence" means an accident, including
continuous or repeated exposure to sub-
stantially the same general harmful condi-
tions.
"Personal and advertising injury" means in-
jury, including consequential "bodily injury",
arising out of one or more of the following
offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
c. The wrongful eviction from, wrongful
entry into, or invasion of the right of pri-
vate occupancy of a room, dwelling or
premises that a person occupies, com-
mitted by or on behalf of its owner,
landlord or lessor;
d. Oral or written publication of material
that slanders or libels a person or or-
ganization or disparages a person's or
organization's goods, products or ser-
vices;
e. Oral or written publication of material
that violates a person's right of privacy;
f. The use of another's advertising idea in
your "advertisement"; or
9- Infringing upon another's copyright,
trade dress or slogan in your "advertise-
ment''.
15. "Pollutants" mean any solid, liquid, gaseous or
thermal irritant or contaminant, including
smoke, vapor, soot, fumes, acids, alkalis,
chemicals and waste. Waste includes materi-
als to be recycled, reconditioned or re-
claimed.
16. "Products-completed operations hazard":
a. Includes all "bodily injury" and "property
damage" occurring away from premises
you own or rent and arising out of "your
product" or "your work" except:
(1) Products that are still in your phys-
ical possession; or
(2) Work that has not yet been com-
pleted or abandoned. However,
"your work" will be deemed com-
pleted at the earliest of the following
times:
(a} When all of the work called for
in your contract has been com-
pleted.
(b) When all of the work to be done
at the job site has been com-
pleted 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 an-
other contractor or subcon-
tractor working on the same
project.
CG 00 01 07 98 Coovrioht. Insurance Services Office. Inc., 1997 Page 1:3 of 14
17.
18.
Work that may need service, mainten-
ance, correction, repair or replacement,
but which is otherwise complete, will be
treated as completed.
b. Does not include "bodily injury" or
"property damage" arising out of:
(1) The transportation of property, un-
less 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 "load-
ing or unloading" of that vehicle by
any insured;
(2) The existence of tools, uninstalled
equipment or abandoned or unused
materials; or
(3) Products or operations for which
the classification, listed in the Dec-
larations or in a policy schedule,
states that products-completed op-
erations' are subject to the General
Aggregate Limit.
"Property damage" means:
a. Physical injury to tangible property, in-
cluding 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. Alt such loss of
use shall be deemed to occur at the time
of the "occurrence" that caused it.
"Suit" means a civil proceeding in which dam-
ages 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 in-
sured must submit or does submit with
our consent; OF
b. Any other alternative dispute resolution
proceeding in which such damages are
claimed and to which the insured submits
with our consent.
19. "Temporary worker" means a person who is
furnished to you to substitute for a perma-
nent "employee" on leave or to meet seasonal
or short-term workload conditions.
20. "Your product" means:
a. Any goods or products, other than real
property, manufactured, sold, handled,
distributed or disposed of by:
(1) You;
(2) Others trading under your name; or
(3) A person or organization whose
business or assets you have ac-
quired; and
b. Containers (other than vehicles), materi-
als, parts or equipment furnished in con-
nection with such goods or products.
"Your product~' includes:
a. Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use of
"your product;" and
b. The providing of or failure to provide
warnings or instructions.
"Your product" does not include vending ma-
chines or other property rented to or located
for the use of others but not sold.
21. "Your work" means:
a. Work or operations performed by you
or on your behalf; and
b. Materials, parts or equipment furnished
in connection with such work or oper-
ations.
"Your work" includes:
a. Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use of
"your work;" and
b. The providing of or failure to provide
warnings or instructions.
COMMERCIAL GENERAL LIABILITY
CG 00 57 09 99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT OF INSURING AGREEMENT-
KNOWN INJLjRy OR DAMAGE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART (OCCURRENCE VERSION)
Paragraph 1. Insuring Agreement of Section I -
Coverage A - Bodily Injury and Property Dam-
age Liability is replaced by the following:
1. Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as
damages because of "bodily injury" or
"property damage" to which this insur-
ance applies. We will have the right and
duty to defend the insured against any
"suit" seeking those damages. However,
we will have no duty to defend the in-
sured against any "suit" seeking damages
for "bodily injury" or "property damage"
to which this insurance does not apply.
We may, at our discretion, investigate
any "occurrence" and settle any claim or
"suit" that may result. But:
(1) The amount we will pay for damages
is limited as described in Section III-
Limits Of Insurance; and
(2) Our right and duty to defend end
when we have used up the applicable
limit of insurance in the payment of
judgments or settlements under
Coverages A or B or medical ex-
penses under Coverage C.
No other obligation or liability to pay
sums or perform acts or services is
covered unless explicitly provided for
under Supplementary Payments - Cov-
erages A and B.
b. This insurance applies to "bodily injury"
and "property damage" only if:
(1) The "bodily injury" or "property
damage" is caused by an "occur-
rence'' that takes place in the "cov-
erage territory";
(2) The "bodily injury" or "property
damage" occurs during the policy
period; and
(3) Prior to the policy period, no insured
listed under Paragraph 1. of Section
il -Who Is An Insured and no "em-
ployee'' authorized by you to give or
receive notice of an "occurrence" or
claim, knew that the "bodily injury" or
"property damage" had occurred, in
whole or in part. If such a listed in-
sured or authorized "employee"
knew, prior to the policy period, that
the "bodily injury" or "property dam-
age" occurred, then any continuation,
change or resumption of such "bod-
ily injury" or "property damage" dur-
ing or after the policy period will be
deemed to have been known prior to
the policy period.
c. "Bodily injury" or "property damage"
which occurs during the policy period
and was not, prior to the policy period,
known to have occurred by any insured
listed under Paragraph 1. of Section II -
Who Is An Insured or any "employee"
authorized by you to give or receive no-
tice of an "occurrence" or claim, includes
any continuation, change or resumption
of that "bodily injury" or "property dam-
age" after the end of the policy period.
d. "Bodily injury" or "property damage" will
be deemed to have been known to have
occurred at the earliest time when any
insured listed under Paragraph 1. of Sec-
tion II - Who Is An Insured or any "em-
ployee'' authorized by you to give or re-
ceive notice of an "occurrence" or claim:
(1) Reports all, or any part, of the
"bodily injury" or "property damage"
to us or any other insurer;
(2) Receives a written or verbal demand
or claim for damages because of the
"bodily injury" or "property damage";
or
(3) Becomes aware by any other means
that "bodily injury" or "property
damage" has occurred or has begun
to occur.
e. Damages because of "bodily injury" in-
clude damages claimed by any person or
organization for care, loss of services or
death resulting at any time from the
"bodily injury".
CG 00 57 09 99 Copyright, Insurance Services Office, inc., 19.98 Pa9e 1 of I
COMMERCIAL GENERAL LIABILITY`
CG 21 47 07 98
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
/
EMPLOYMENT - RELATED PRACTICES EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following exclusion is added to Para-
graph 2., Exclusions of Section ! - Cov-
erage A - Bodily Injury And Property
Damage Liability:
This insurance does not apply to:
"Bodily injury" to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person's
employment; or
(c) Employment-related practices,
policies, acts or omissions, such
as coercion, demotion, evalua-
tion, reassignment, discipline,
defamation, harassment, humili-
ation or discrimination directed
at that person; or
(2) The spouse, child, parent, brother or
sister of that person as a conse-
quence of "bodily injury" to that per-
son at whom any of the employ-
ment-related practices described in
Paragraphs (a), (b) or (c) above is di-
rected.
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.
The following exclusion is added to Para-
graph 2., Exclusions of Section I - Cov-
erage B - Personal And Advertisin9 Injury
Liability:
This insurance does not apply to:
"Personal and advertising injury" to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person's em-
ployment; or
(c) Employment-related practices, pol-
icies, acts or omissions, such as co-
ercion, demotion, evaluation,
reassignment, discipline, defamation,
harassment, humiliation or discrimi-
nation directed at that person; or
(2) The spouse, child, parent, brother or
sister of that person as a conse-
quence of "personal and advertising
injury" to that person at whom any of
the employment-related practices
described in paragraphs (a), (b) or (c)
above is directed.
This exclusion applies:
(1) Whether the 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.
CG 21 47 07 98 Copyright, Insuranc8 Servicas Offica, Inc., 1997 Page I of 1
POLICY NUMBER: B nW (01 ) 50653 002 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
/'
PRODUCTS/COMPLETED OPERATIONS HAZARD REDEFINED
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
Description of Premises and Operations:
SCHEDULE
RESTAURANTS WITH SALES OF
ALCOHOLIC BEVERAGES CODE
16816
(If no entry appears above, information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement)
With respect to "bodily injury" or "property dam-
age" arising out of "your products" manufactured,
sold, handled or distributed:
1. On, from or in connection with the use of any
premises described in the Schedule, or
2. In connection with the conduct of any opera-
tion described in the Schedule, when con-
ducted by you or on your behalf,
Paragraph a. of the definition of "Products -
completed operations hazard" in the DEFINITIONS
Section is replaced by the following:
"Products-completed operations hazard":
a. Includes all "bodily injury" and "property
damage" that arises out of "your pro-
ducts" if the "bodily injury" or "property
damage" occurs after you have relin-
quished possession of those products.
CG 2z[ 07 04 96
CoDvright Insurance Services Office, Inc., 1994
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ
GENERAL LIABILITY
MASTE 'R PAK®
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
INDEX.
SUBJECT
Blanket Additional Insured (Owners, Contractors or Lessors)
Fire, Lightning, Explosion and Sprinkler Leakage Damage To Premises You Rent
Non- Owned Watercraft
Supplementary Payments (Bail Bonds)
Personal and Advertising Injury
Aggregate Limits (Per Location)
Aggregate Limits (Per Project)
Voluntary Property Damage Coverage
Off Premises Care, Custody or Control Coverage
Newly Formed or Acquired Organizations (180 Days Notice)
Duties In The Event Of Occurrence, Offense, Claim or Suit
Bodily Injury (Mental Anguish)
Waiver Of Transfer Of Rights Of Recovery Against Others
Medical Payments Increase
IT CAREFULLY,
PAGE.
2
2
3
3
3
3
3
4
4
4
4
5
5
5
Page I of 5
1. BLANKET ADDITIONAL INSURED (Owners, Contractors or Lessors)
Wl-iO IS AN INSURED (Section II) is amended to include as an insured any person or organization whom you
are required to name as an additional insured on this policy under a written contract or agreement.
The written contract or agreement must be:
(a) currently in effect or becoming effective during the term of this policy; and
(b) executed prior to the "bodily injury," property damage" or "personal and advertising injury."
The insurance provided the additional insured is limited as follows:
1. That the person or organization is only an additional insured with respect to liability arising out of:
a. Real property you own, rent, le,ase, or occupy; or
b. "your work" for that additional insured for or by you.
2. The limits of insurance applicable to the additional insured are those specified in the written contract or
agreement or the limits available under this policy whichever are less. These limits are inclusive of and not
in addition to the limits of insurance available under this policy.
3. The insurance provided the additional insured does not apply to liability arising out of the sole negligence
of the additional insured
4. The insurance provided the additional insured does not apply to;
a. "bodily injury",
b. "property damage",
"personal and advertising injury" or
d. defense coverage under the Supplementary Payments section of the policy
arising out of an architect's, engineer's or surveyor's rendering of or failure to render any profes-
sional services including:.
(1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, re-
ports, surveys, field orders, change orders or drawings and specifications; and
(:2) Supervisory, inspection, architectural or engineering activities.
Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the
additional insured whether primary, excess, contingent or on any other basis unless a contract specifically
requires that this insurance be primary or you request that it apply on a primary basis.
2. FIRE, LIGHTNING, "EXPLOSION" AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT
If Damage To Premises Rented To You under Coverage A. is not otherwise excluded from this policy,
the following applies:
A. The last paragraph of SECTION I - COVERAGE A. 2. Exclusions is replaced by the following:
Exclusions c. through n. do not apply to damage by fire, lightning, "explosion" or sprinkler
leakage to premises while 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 - LIMITS OF
INSURANCE (SECTION III).
B.Paragraph 6 of SECTION III - LIMITS OF INSURANCE is replaced by the following:
6. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay
under Coverage A for damages because of "property damage" to premises rented to you
or temporarily occupied by you with the permission of the owner arising out of any one
fire, lightning, "explosion" or sprinkler leakage incident.
C. Paragraph 4.b(1)(b) of Other Insurance, SECTION IV - CONDITIONS is replaced by the follow-
ing:
(1) That is Fire, Lightning, "Explosion" or Sprinkler Leakage insurance for premises rented to
you or temporarily occupied by you with the permission of the owner;
D. Paragraph 9.a~ of the definition of INSURED CONTRACT under SECTION V- DEFINITIONS is
replaced by the following:
A contract for the lease of premises. However, that portion of the contract for a lease of
premises that indemnifies any person or organization for damages by fire, lightning,
"explosion" or sprinkler leakage to premises while rented to you or temporarily occupied
by you with the permission of the owner is not an "insured contract";
CG 83 3O 07 99
Includes copyrighted rnateriat of Insurance Services Office, inc., with [ts permission.
Copyright, insurance Services Office, inc., 1995
Page 2 of 5
E. The following definition is added to SECTION V - DEFINITIONS:
"Explosion" means a sudden release of expanding pressure accompanied by a noise,'a burst'-
lng forth of material and evidence of the scattering of debris to locations further than would
have resulted by gravity alone.
Explosion does not include any of the/following:
1. artificially generated electrical current including electrical arcing that disturbs electrical
devices, appliances or wires;.
2. rupture or bursting of water pipes;
3. explosion of steam boiJers, steam pipes, steam engines or steam turbines owned or
leased by you, or operated under your control; or
4. rupture or bursting caused by centrifugal force.
3. NON-OWNED WATERCRAFT
Paragraph g(2) of SECTION 1 - COVERAGE A, 2. Exclusions is replaced by the following:
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used to carry persons or property for a charge;
4. SUPPLEMENTARY PAYMENTS
in the SUPPLEMENTARY PAYMENTS - COVERAGES A AND B provision:
The limit for the cost of hail bonds in paragraph l.b is changed from $250 to $1000.
$, PERSONAL AND ADVERTISING INJURY
Paragraph 14. b., d. and e. of SECTION V - DEFINITIONS is replaced by the following:
b. Malicious prosecution or abuse of process;
d. Oral, written, televised, videotaped or electronic publication of material that slanders or
libels a person or organization or disparages a person's or organization's goods, pro-
ducts or services;
e. 0rat, written, televised, videotaped or electronic publication of material that violates a
person's right of privacy;
Subparagraph ~(2) and ~(3) of Paragraph 2, Exclusions of Section I - COVERAGE B - PERSONAL AND
ADVERTISING INJURY LIABILITY are replaced by the following:
2. Exclusions
This insurance does not apply to:
a. "Personal and advertising injury"
(2) Arising out of oral, written, televised, videotaped or electronic publication of ma-
terial, if done by or at the direction of the insured with knowledge of its falsity;
(3) Arising out of oral, written, televised, videotaped or electronic publication of ma-
terial whose first publication took place before the beginning of the policy period;
6. AGGREGATE LIMITS OF INSURANCE (PER LOCATION)
The General Aggregate Limit under LIMITS OF INSURANCE (Section III) applies separately to each of
your "locations" owned by or rented to you or temporarily occupied by you with the permission of the
owner.
"Location" means premises involving the same or connecting lots, or premises whose connection is
interrupted only by a street, roadway, waterway or right-of-way of a railroad.
7. AGGREGATE LIMITS OF INSURANCE (PER PROJECT)
The General Aggregate Limit under LIMITS OF INSURANCE (SECTION III) applies separately to each of
your projects away from premises owned by or rented to you.
(~G 83 30 07 99 !nc!ud~ c~"p'/ri.~ht-~d ~3':9ria~ of ',~ur .... S .... ices O~fio~. ,n~-.~ ,~i+h ~t~ p~rmi.~sio-. Page 3 of 5
Copyright, Insurance Services Office, inc., 1995
8. VOLUNTARY PROPERTY DAMAGE COVERAGE
At your request, we will pay for loss to property of others caused by your business operations. The
most we will pay for this coverage is $500 each "occurrence." The loss must occur during the policy
period. The occurrence must take place in the coverage territory.
Loss means unintended damage or destruction. Loss does not mean disappearance, abstraction or
theft. /
This coverage does not apply to: 1. Motor vehicles;
:2. Property you own, occupy, rent or lease from others; or
3. Property on your premises'for sale, service, repair or storage.
None of the other policy exclusions apply to this coverage.
If the policy to which this endorsement is attached is written with a Property Damage Liability deduct-
ible, the deductible shall apply to Voluntary Property Damage. The limit of coverage stated above shall
not be reduced by the amount of this deductible.
9. OFF PREMISES CARE, CUSTODY OR CONTROL COVERAGE
A. We will pay those sums that you become legally obligated to pay as damages because of" property
damage" to property of others while in your care, custody or control or property as to which you are
exercising physical control if the "property damage" arises out of your business operations.
B. Exclusions
This insurance shall not apply to:
1. "Property damage" of property at premises owned, rented, leased, operated or used by you;
2. "Property damage" of property while in transit;
3. The cost of repairing or replacing (1) any work defectively or incorrectly done, (2_) any product
manufactured, sold or supplied by you, unless the "property damage" is caused directly by you
after delivery of the product or completion of the work and resulting from a subsequent under-
taking; or
4. "Property damage" of property caused by or arising out of the "Products/Completed Operations
Hazard".
C. Limits of Insurance - The most we will pay for "property damage" under this Section @. is $5,000. for
each "occurrence". The most we will pay for the sum of all damages covered under Section 9. because
of "property damage" is an annual aggregate limit of $25,000.
The limits of insurance provided under this Section 9. are inclusive of and not in addition to any other
limits provided in the policy or endorsements attached to it.
D. Deductible - We will not pay for "property damage" in any one occurrence until the amount of
"property damage" exceeds S250. If the policy to which this endorsement is attached contains a
"property damage" deductible, that deductible shall apply if it is greater than $250.
E. In the event of "property damage" covered by this endorsement, you shall, if requested by us, replace
the property or furnish the labor and materials necessary for repairs thereto at your actual cost,
excluding profit or overhead charges.
10. NEVVLY FORMED OR ACQUIRED ORGANIZATIONS
A. In paragraph 4a of Section II - WHO IS AN INSURED, 90th day is changed to 1 $0th day.
B. This provision 10. does not apply if newly formed or acquired organizations coverage is excluded
either by provisions of the Coverage Part or by endorsements attached to it.
11. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT
A. The requirement in Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS paragraph 2a
that you must see to it that we are notified of an "occurrence" applies only when the "occurrence"
is known to:
1. You, if you are an individual;
2. A partner, if you are a partnership;
3. A member or manager, if you are a Limited Liability Company;
4. An executive officer or designee, if you are a corporation.
CG 83 30 07 99 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 5
Copyright, insurance ,Services Office, Inc., 1995
The requirements in Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS paragraph 2b
that you must see to it that we receive notice of a claim or "suit" will not be considered breached
unless the breach occurs after such claim or "suit" is known to:
1. You, if you are an individual;
2. A partner, if you are a partnership; /
3. A member or manager if you are a Limited Liability Company; or
4. An executive officer or designee,.if you are a corporation.
Knowledge of an "occurrence," claim or "suit" by the agent, servant or employee of any insured
shall not in itself constitute kno,vvledge of the insured unless an officer or designee shall have
received notice from its agent, servant or employee.
12. BODILY INJURY
Paragraph 3 of the definition of "bodily 'n jury' in the DEFINITION Section is replaced by the following:
3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental
anguish or death resulting from any of these at any time.
13. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS
We have the right to recover our payments from anyone liable for an injury covered by this policy. We
will not enforce our right against any person or organization for whom you perform work under a
written contract that requires you to obtain this agreement from us.
This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement.
14. MEDICAL PAYMENTS
If Medical Payment Coverage (Coverage C) is not otherwise excluded from this policy, the Medical
Expense limit provided by this policy shall be the greater of: A. $10,000 or
B. The amount shown in the declarations.
All other terms and conditions of your policy remain unchanged.
CG 83 3O O7 99
Copyright, insurance Services Office, lng,, 1995
Page 5 of 5
IL O0 17 11 98
COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subjed~t to the following conditions.
A. CANCELLATION
1. The first Named Insured shown in the
Declarations may cancel this policy by
mailing or delivering to us advance writ-
ten notice of cancellation.
2. We may cancel this policy by mailing or
delivering to the first Named Insured
written notice of cancellation at least
a. 10 days before the effective date of
cancellation if we cancel for non-
payment of premium; or
b. 30 days before the effective date of
cancellation if we cancel for any
other reason.
3. We will mail or deliver our notice to the'
first Named Insured's last mailing address
known to us.
4. Notice of cancellation will state the ef-
fective date of cancellation. The policy
period will end on that date.
5. If this policy is cancelled, we will send
the first Named Insured any premium re-
fund due. If we cancel, the refund will be
pro rata. If the first Named Insured can-
cels, the refund may be less than pro rat~
The cancellation will be effective even if
we have not made or offered a refund.
6. If r~otice is mailed, proof of mailing will
be sufficient proof of notice.
B. CHANGES
This policy contains all the agreements be-
tween you and us concerning the insurance
afforded. The first Named Insured shown in
the Declarations is authorized to make
changes in the terms of this policy with our
consent. This policy's terms can be amended
or waived only by endorsement issued by us
and made a part of this policy.
C. EXAMINATION OF YOUR BOOKS AND
RECORDS
We may examine and audit your books and
records as they relate to this policy at any
time during the policy period and up to three
years afterward.
INSPECTIONS AND SURVEYS
1. We have the right to:
a. Make inspections and surveys at any
time;
b. Give you reports on the conditions
we find; and
c. Recommend changes.
2. We are not obligated to make any in-
spections, surveys, reports or recom-
mendations and any such actions we do
undertake relate only to insurability and
the premiums to be charged. We do not
make safety inspections. We do not un-
dertake to perform the duty of any per-
son or organization to provide for the
health or safety of workers or the public.
And we do not warrant that conditions:
a. Are safe or healthful; or
b. Comply with laws, regulations,
codes or standards.
3. Paragraphs 1. and 2. of this condition ap-
ply not only to us, but also to any rating,
advisory, rate service or similar organi-
zation which makes insurance inspec-
tions, surveys, reports or recommenda-
tions.
Paragraph 2. of this condition does not
apply to any inspections, surveys, re-
ports or recommendations we may make
relative to certification, under state or
municipal statutes, ordinances or regula-
tions, of boilers, pressure vessels or
elevators.
E. PREMIUMS
The first Named Insured shown in the Dec-
larations:
1. Is responsible for the payment of all
premiums; and
2. Will be the payee for any return premi-
ums we pay.
F. TRANSFER OF YOUR RIGHTS AND DUTIES
UNDER THIS POLICY
Your rights and duties under this policy may
not be transferred without our written con-
sent except in the case of death of an in-
dividual named insured.
IL 00 17 1 1 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 2
If you die, your rights and duties under this
policy will be transferred to your legal re-
presentative but only while acting within the
scope of duties as your legal representative.
Until your legal representative is appointed',
anyone having proper temporary custody of
your property will have your rights and cluties
but only with respect to that property.
IL O0 I-~, '~, 1. 98 .... ~,vri~'*u,,,. Insursnce £ervicas Officg, !ns., ,~a¢~. ~_~ Page 1, of 2
INTERLINE
IL 00 21 04 98
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT
(BROAD FORM )
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS POLICY '
COMMERCIAL AUTO COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
PROFESSIONAL LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT
OF TRANSPORTATION
UNDERGROUND STORAGE TANK POLICY
1. The insurance does not apply: B.
A. Under any Liability Coverage, to "bodily
injury" or "property damage":
(1) With respect to which an "insured"
under the policy is also an insured
under a nuclear energy liability poli-
cy issued by Nuclear Energy Liabil-
ity Insurance Association, Mutual
Atomic Energy Liability Underwrit-
ers, Nuclear Insurance Association
of Canada or any of their succes-
sors, or would be an insured under
any such policy but for its termina-
tion upon exhaustion of its limit of
liability; or
(2) Resulting from the "hazardous
properties" of "nuclear material"
and with respect to which (a) any
person or organization is required
to maintain financial protection
pursuant to the Atomic Energy Act
of 1954, or any law amendatory
thereof, or (b) the "insured" is, or
had this policy not been issued
would be, entitled to indemnity
from the United States of America,
or any agency thereof, under any
agreement entered into by the
United States of America, or any
agency thereof, with any person or
organization.
C=
Under any Medical Payments coverage,
to expenses incurred with respect to
"bodily injury" resulting from the "haz-
ardous properties" of "nuclear material"
and arising out of the operation of a
"nuclear facility" by any person or or-
ganization.
Under any Liability Coverage, to "bodily
injury" or "property damage" resulting
from the "hazardous properties" of
"nuclear material", if:
(1) The "nuclear material" (a)is at any
"nuclear facility" owned by, or op-
erated by or on behalf of, an "in-
sured'' or (b) has been discharged
or dispersed therefrom;
(2) The "nuclear material" is contained
in "spent fuel" or "waste" at any
time possessed, handled, used,
processed, stored, transported or
disposed of by or on behalf of an
"insured"; or
IL O0 2! 0,.! 98 Copyright, Insurance Services Office, Inc., 1997 Page I of 2
(3) The "bodily injury" or "property
damage" arises out of the furnish-
ing by an "insured" of services, ma-
terials, parts or equipment in con-
nection with the planning, con-
struction, maintenance, operation or
use of any "nuclear facility", but.if
such facility is located within the
United States of America, it~ ter-
ritories or possessions or Canada,
this exclusion (3) applies only to
"property damage" to such "nuclear
facility" and any property thereat
As used in this endorsement:
"Hazardous properties" include radioactive,
toxic or explosive properties;
"Nuclear material" means "source material",
"Special nuclear material" or "by-product
material";
"Source material", "special nuclear material",
and "by- product material" have the mean-
ings given them in the Atomic Energy Act
of 1954 or in any law amendatory thereof;
"Spent fuel" means any fuel element or fuel
component, solid or liquid, which has been
used or exposed to radiation in a "nuclear
reactor";
"Waste" means any waste material (a) con-
taining "by- product material" other than the
tailings or wastes produced by the extrac-
tion or concentration of uranium or thorium
from any ore processed primarily for its
"source material" content, and (b) resulting
from the operation by any person or or-
ganization of any "nuclear facility" included
under the first two paragraphs of the defi-
nition of "nuclear facility".
"Nuclear facility" means:
(a} Any "nuclear reactor";
(b) Any equipment or device designed
or used for (1) separating the iso-
topes of uranium or plutonium, (2)
processing or utilizing "spent fuel",
or (3) handling, processing or
packaging "waste";
(c) Any equipment or device used for
the processing, fabricating or
alloying of "special nuclear material"
if at any time the total amount of
such material in the custody of the
"insured" at the premises where
such equipment or device is lo-
cated consists of or contains more
than 25 grams of plutonium or ura-
nium 233 or any combination
thereof, or more than 250 grams
of uranium 235;
(d) Any structure, basin, excavation,
premises or place prepared or
used for the storage or disposal of
"waste";
and includes the site on which any of the
foregoing is located, all operations con-
ducted on such site and all premises used
for such operations;
"Nuclear reactor" means any apparatus de-
signed or used to sustain nuclear fission in
a self-supporting chain reaction or to con-
tain a critical mass of fissionable material;
"Property damage" includes all forms of ra-
dioactive contamination of property.
,,. 00 21 04 98 .......
~-~P¥,,u ..... , ~,~,o,~.~. S~rvicas '~":-= Inc.. 1997 Parle 2 of 2
INTERLINE
IL 02 04 04 98
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
IDAHO CHANGES - CANCELLATION AND NONRENEWAL
This endorsement modifies insurance provided under the following:
BOILER AND MACHINERY COVERAGE PART
BUSINESSOWNERS POLICY
COMMERCIAL AUTO COVERAGE PART
COMMERCIAL CRIME COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
PROFESSIONAL LIABILITY COVERAGE PART
Paragraphs 1. and 2. of the CANCELLATION
Common Policy Condition are replaced by the
following:
1. The first Named Insured shown in the
Declarations may cancel this policy by
mailing or delivering to us advance writ-
ten notice of cancellation. Cancellation
will be effective on the later of the date
requested by the first Named Insured or
the date we receive the request.
2. POLICIES IN EFFECT:
a. · 60 DAYS OR LESS
If this policy has been in effect for
60 days or less, we may cancel this
policy by mailing or delivering to the
first Named Insured written notice
of cancellation at least:
(1) 10 days before the effective
date of cancellation if we cancel
for nonpayment of premium; or
(2) 30 days before the effective
date of cancellation if we cancel
for any other reason.
b. MORETHAN 60 DAYS
If this policy has been in effect for
more than 60 days, or is a renewal
of a policy we issued, we may cancel
this policy only for one or more of
the following reasons:
(1) Nonpayment of premium;
(2) Fraud or material misrepresen-
tation made by you or with your
knowledge in obtaining the poli-
cy, continuing the policy or in
presenting a claim under the
policy;
(3} Acts or omissions on your part
which increase any hazard in-
sured against;
(4) Change in the risk which materi-
ally increases the risk of loss
after the policy has been issued
or renewed including, but not
limited to, an increase in expo-
sure due to regulation, legisla-
tion or court decision;
(5) Loss of or decrease in reinsur-
ance which provided us with
coverage for all or part of the
risk insured;
(6) A determination by the Director
of Insurance that continuation of
this policy would jeopardize our
solvency or place us in violation
of the insurance laws of Idaho
or any other state; or
(7} Violation or breach by the in-
sured of any policy terms or
conditions other than nonpay-
ment of premium.
IL 02 04 04 98 Copyrlgn[, Insurance Services Office, inc., 1997 Page '1 of 2
We will mail or deliver written notice
of cancellation to the first Named In-
sured at least:
(a.) 10 days before the effective
date of cancellation if we cancel
for nonpayment of premium; or
(b.) 30 days before the effective
date of cancellation if we dancel
for any other reason stated in
2.b. above.
The following Condition is added and super-
sedes any provision to the contrary:
NONRENEWAL
1. If we elect not to renew this policy, we
will mail or deliver to the first Named ~n-
sured a written notice of intention not to
renew at least 45 days prior to the ex-
piration or anniversary date of the policy.
2. We will mail or deliver our notice to the
first Named Insured's last mailing address
known to us.
3. If notice is not mailed or delivered at
· least 45 days before the expiration or
anniversary date of this policy, this policy
will remain in effect until 45 days after
notice is mailed or delivered. Earned pre-
mium for the extended period of cov-
erage will be calculated pro rata at the
rates applicable to the expiring policy.
4. We need not mail or deliver this notice if:
a. We have offered to renew this poli-
cy;
b. You have obtained replacement cov-
erage; or
c. You have agreed in writing to obtain
replacement coverage.
5. tf notice is mailed, proof of mailing will
be sufficient proof of notice.
The following Condition is added:
PREMIUM OR COVERAGE CHANGES AT
RENEWAL
1. If we elect to renew this policy, we will
mail or deliver written notice of any total
premium increase greater than ten (10%)
which is the result of a comparable in-
crease in premium rates, change in de-
ductible, reduction in limits or reduction
in coverage to the first Named Insured, at
the last mailing address known to us.
2. Any such notice will be mailed or deliv-
ered to the first Named Insured at least
30 days before the expiration or anni-
versary date of the policy.
3. If notice is not mailed or delivered at
least 30 days before the expiration or
anniversary date of the policy, the pre-
mium, deductible, limits and coverage in
effect prior to the changes will remain in
effect until the earlier of the following:
a. 30 days after notice is given, or
b. The effective date of replacement
coverage obtained by the first
Named Insured.
4. If the first Named Insured accepts the
renewal, the premium increase, if any,
and other changes will be effective on
and after the first day of the renewal
term.
5. If the first Named Insured elects not to
renew, any earned premium for the re-
suiting extended period of coverage will
be calculated pro rata at the lower of the
new rates or rates applicable to the ex-
piring policy.
6. If notice is mailed, proof of mailing will
be sufficient proof of notice.
Pa_qe 2 of 2 Col~vric~ht, Insurance Services Office, Inc., 1997 IL 02 04 04 98
LC 87 03 03 99
THIS ENDORSEMENT CHANGES THE,. POLICY. PLEASE READ IT CAREFULLY.
RESTAURANT VALET PARKING LIABILITY ENDORSEMENT
This endorsement modifies insurance pro. vialed under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
GENERAL LIABILITY COVERAGE FORM
The following replaces Part (3) under Exclusion g. Aircraft, Auto or Watercraft:
(3) Parking an "auto" provided the "auto" is not owned by or rented or loaned to you or any
insured;
LC S7 03 03 99
COMMERCIAL LIABILITY
LC 87 08 07 99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
MEDICAL EXPENSE AT YOUR REQUEST ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
BUSINESSOWNERS LIABILITY COVERAGE FORM
COVERAGE C - MEDICAL PAYMENTS Insuring Agreement on the COMMERCIAL GENERAL LIABILITY COV-
ERAGE PART and Coverage 2. Medical Expense on the BUSINESSOWNERS LIABILITY COVERAGE FORM are
amended by the addition of the following:
Medical expenses will be paid only if an insured has requested that we pay such expenses.
LC 87 08 07 99 Page I of I