GENERAL LIABILITY COVERAGE ENDORSEMENT
This endorsement modifies insurance provided under the above referenced policy.
In consideration of the premium paid, and subject to the terms and conditions of the Policy not otherwise modified herein, it is hereby understood and agreed that:
Clause I. Insuring Clauses is amended to include the following:
O. General Liability Coverage
To pay on behalf of any Assured Damages and Claims Expenses , in excess of the "per Claim" Deductible , which the Assured shall become legally obligated to pay because of any Claim first made against any Assured and reported in writing to the Underwriters during the Period of Insurance or Extended Reporting Period (if applicable) arising out of Property Damage , Bodily Injury , Fire Legal Liability or Advertising Liability caused by an event or happening, including continuous or repeated exposure to substantially the same general harmful conditions, which involves one or more persons or entities on or after the Retroactive Date set forth in Item 6. of the Declarations and before the end of the Period of Insurance .
P. Hired and Non-Owned Auto Liability Coverage
To pay on behalf of any Assured Damages and Claims Expenses , in excess of the "per Claim" Deductible , the greater of ten thousand dollars ($10,000) or other applicable limit expressly designated in the Declarations , which the Assured shall become legally obligated to pay because of any Claim first made against any Assured and reported in writing to the Underwriters during the Period of Insurance or Extended Reporting Period (if applicable) arising out of:
Bodily Injury or Property Damage arising out of the use or operation of a Hired Auto by You or Your Employees in the course of Your business; and
Bodily Injury or Property Damage arising out of the use or operation of a Non-Owned Auto by any person other than You in the course of Your business.
The coverage provided under this endorsement applies in excess of any other valid and collectible auto liability insurance coverage, including any personal or business auto liability coverage held by any Assured or other party on any Auto used in the conduct of Your business or operations.
The Named Assured agrees and warrants that all Employees , and You , if You are a natural person, will maintain in full force and effect during the effective Period of Insurance primary auto liability insurance. If a Claim is made and the Employee or You , if You are a natural person, is determined to have failed to maintain the minimum limits required by State Law then the coverage under this endorsement will respond as excess coverage as though the minimum limits were in full force and effect, with the Named Assured agreeing to pay all amounts within and up to the required minimum limit.
For purposes of this endorsement, the following terms have the following meanings:
" Advertising Liability " means injury arising out of one or more of the following, committed in the course of the Assured's advertising activities:
libel, slander or defamation;
infringement of copyright, title, slogan, trade dress, or advertising idea;
Piracy or idea misappropriation under an implied contract;
Invasion of right of privacy.
" Aircraft Products " means any aircraft whether or not heavier than air (including spacecraft and missiles) and any ground support, guidance, control or communications equipment used in connection therewith, and also includes parts, supplies, or equipment installed in or on or used in connection with aircraft, including tools, training aids, instructions, manuals, blue prints and other data, engineering and other advice, services and labor used in the operation, maintenance or manufacture of such products.
" Auto " means a land motor vehicle, trailer or semi-trailer designed for travel on public roads, including any attached machinery or equipment.
" Auto Business " means the business or occupation of selling, repairing, servicing, storing or parking Autos .
" Bodily Injury " means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time.
" Computer Virus " means a set of corrupting, harmful or otherwise unauthorized instructions or code including a set of maliciously introduced unauthorized instructions or code, programmatic or otherwise, that propagate themselves through a computer system or network of whatsoever nature. Computer Virus includes but is not limited to ‘Trojan Horses’, ‘worms’ and ‘time or logic bombs’.
" Electronic Data " means facts, concepts and information converted to a form useable for communications, interpretation or processing by electronic and electromechanical data processing or electronically controlled equipment and includes programs, software and other coded instructions for the processing and manipulation of data or the direction and manipulation of such equipment.
" Employee " includes a " Leased Worker ". " Employee " does not include a " Temporary Worker ."
" Fire Legal Liability " means Property Damage to structures or portions thereof rented to or occupied by the Named Assured , including fixtures permanently attached thereto, if such Property Damage arises out of fire.
" Grounding " means the withdrawal of one or more aircraft from flight operation or the imposition of speed, passenger or load restrictions on such aircraft because of the existence of or alleged existence of a defect, fault or conditions in any Aircraft Product .
" Hired Auto " means any Auto You lease, hire, rent or borrow. This does not include any Auto You lease, hire, rent or borrow from any of Your Employees , Your partners or Your Executive Officers, or members of their households.
" Insured Contract " means a contract for 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 the Named Assured or temporarily occupied by the Named Assured with permission of the owner is not an " Insured Contract ."
" Leased Worker " means a person leased to the Named Assured by a labor leasing firm under an agreement between the Named Assured and the labor leasing firm to perform duties related to the conduct of the Named Assured's business. " Leased Worker " does not include a " Temporary Worker ."
" Mobile Equipment " means a land vehicle (including any attached machinery or apparatus) whether or not self-propelled:
not subject to motor vehicle registration;
maintained for use exclusively on premises owned by or rented to the Named Assured , including the ways immediately adjoining;
designed for use principally off public roads; or
designed or maintained for the sole purpose of affording mobility to equipment
of the following types forming an integral part of or permanently attached to such vehicle:
power cranes, shovels, loaders, diggers and drills;
concrete mixers (other than the mix-in-transit type), graders, scrapers, rollers and on the road construction or repair equipment;
air-compressors, pumps and generators including spraying, welding and building cleaning equipment; or
geophysical exploration and well servicing equipment.
" Named Assured's Products " means goods or products manufactured, sold, handled or distributed by the Named Assured or by others trading under its name, including any container thereof (other than a vehicle) but shall not include a vending machine or any property, other than such container rented to or located for use of others but not sold.
" Non-Owned Auto " means any Auto You do not own, lease, hire, rent or borrow which is used in connection with Your business. This includes Autos owned by You , if You are a natural person, Your Employees , Your partners or Your Executive Officers, or members of their households, but only while used in Your business.
" Occurrence " means an accident, including continuous or repeated exposure to substantially the some general harmful conditions.
" Property Damage " means:
physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or
Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the Occurrence that caused it.
" Temporary Worker " means a person who is furnished to the Assured to substitute for a permanent Employee on leave to meet seasonal or short-term workload conditions.
" You " and " Your " means and refers to the Named Assured .
The coverage under this endorsement does not apply to Damages or Claims Expenses in connection with or resulting from any Claim :
arising out of Property Damage or Bodily Injury resulting from the use of force expected or intended from the standpoint of the Assured ;
arising out of Bodily Injury or Property Damage arising out of ownership, maintenance, operation, use, loading or unloading of any aircraft or watercraft owned by operated by or rented or loaned to any Assured . This exclusion does not apply to:
A watercraft while ashore on premises You own or rent;
A watercraft You do not own that is:
Less than 26 feet long; and
Not being used to carry persons or property for a charge;
Liability assumed under any Insured Contract for the ownership, maintenance or use of aircraft or watercraft;
arising out of Property Damage or Bodily Injury arising out of:
the ownership, maintenance, operation, use, loading or unloading of any Mobile Equipment while being used in any prearranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for such contest or activity; or
the operation or use of any snowmobile, moped or motorized bicycle, or trailer designed for use therewith;
for Property Damage or Bodily Injury arising out of and in the course of the transportation of Mobile Equipment by any Auto owned or operated by or rented or loaned to any;
arising out of Property Damage , Bodily Injury or Advertising Liability for which the Assured or his or her indemnitee may be held liable:
as a person or organization engaged in the business of manufacturing, distributing, selling, or serving alcoholic beverages; or
if not so engaged, as an owner or lessor of premises used for such purposes, if such liability is imposed by, or because of the violation of, any statute, ordinance or regulation pertaining to the sale, gift, distribution or use of any alcoholic beverage;
arising out of Bodily Injury to:
any Employee or volunteer of the Named Assured arising out of and in the course of his employment or retention by the Named Assured ; or
the spouse, child, parent, brother or sister of the Employee as a consequence of above. This exclusion applies:
whether the Assured may be liable as an employer or in any other capacity; and
to any obligation to share Damages with or repay someone else who must pay Damages arising out of such liability;
arising out of Property Damage to:
property owned or occupied or rented to the Assured ;
property used by the Assured ; or
property in the care, custody or control of the Assured or as to which the Assured is for any purpose exercising physical control;
provided, that this exclusion shall not apply to Fire Legal Liability ;
arising out of Property Damage to premises owned or alienated by the Named Assured arising out of such premises or any part thereof;
arising out of that part of any contract or agreement entered into, as part of Your business, pertaining to the rental or lease, by You or any of Your Employees , of any Auto . However, such contract or agreement shall not be considered an Insured Contract to the extent that it obligates You or any of Your Employees to pay for Property Damage to any Auto rented or leased by You or any of Your Employees .
arising out of loss of use of tangible property which has not been physically injured or destroyed resulting from:
a delay in or lack of performance by or on behalf of the Named Assured of any contract or agreement; or
the failure of the Named Assured's Products or work performed by or on behalf of the Named Assured to meet the level of performance, quality, fitness or durability warranted or represented by the Named Assured ;
but this Exclusion does not apply to loss of use of the other tangible property resulting from the sudden and accidental injury to or destruction of the Named Assured's Products or work performed by or on behalf of the Named Assured after such products or work have been put to use by any person or organization other than the Assured , or products that are still in the Named Assured's possession;
arising out of Property Damage to the Named Assured's Products , or for the cost of inspecting, repairing or replacing any defective or allegedly defective product or part thereof or for loss of use of any defective or allegedly defective product;
arising out of Property Damage to work performed by or on behalf of the Named Assured arising out of the work or any portion thereof, or out of materials, parts or equipment furnished in connection therewith;
arising out of the withdrawal, recall, inspection, repair, replacement or loss of life of the Named Assured's Products or work completed by or for the Named Assured or of any property of which such products or work form a part, if such products, work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency therein;
arising out of Aircraft Products , including, but not limited to, consequential loss of use thereof resulting from Grounding ;
relating to Advertising Liability arising out of:
failure of performance of contract; provided, however, that this Exclusion shall not apply to the unauthorized appropriation of ideas based upon alleged breach of an implied contract;
infringement of patent, trademark, service mark, and trade name, other than titles or slogans by use thereof on or in connection with goods, products or services sold, offered for sale or advertised;
incorrect description or mistake in advertised price of goods, products or services sold, offered for sale or advertised;
the failure of goods, products or services to conform with advertised quality or performance; or
an offense committed by an Assured whose business is advertising, broadcasting, publishing or telecasting.
for or arising out of, or resulting from Property Damage or Bodily Injury for which any Assured may be held liable by reason of:
Causing or contributing to the intoxication of any person;
The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or
Any statute, ordinance or regulation relating to the sale, gift, distribution or use alcoholic beverages.
This exclusion applies only if You are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages.
any obligation of the Assured under a workers' compensation, disability benefits or unemployment compensation law or any similar law.
arising out of loss, damage, destruction, distortion, erasure, corruption or alteration of Electronic Data from any cause whatsoever (including but not limited to Computer Virus ) or loss of use, reduction in functionality, cost, expense of whatsoever nature resulting therefrom, regardless of any other cause or event contributing concurrently or in any other sequence to the loss.
for or arising out of, or resulting from Property Damage or Bodily Injury for which any Assured may be held liable by reason of:
Physically administering any medication, whether prescription or over-the-counter, to others; or
Indirectly administering any medication, whether prescription or over-the-counter, to others via a remote and/or computerized system or by instructing a third party to administer said medication; or
Giving advice or opinion on medication or any medical condition or treatment thereof; or
Directly or indirectly administering and/or performing medical services commonly administered and/or performed by a nurse, licensed physician, or other licensed or certified medical professional.
arising out of Bodily Injury to any person while being transported by You for a fee.
Solely in respect of Hired and Non-Owned Auto Liability Coverage Clause II. DEFINITION OF ASSURED is deleted in its entirety and replaced with the following:
Each of the following is an Assured under this insurance to the extent set forth below:
You .
Any other person using a Hired Auto with Your permission.
With respect to a Non-Owned Auto , any Employee , partner or Executive Officer of Yours , but only while such Non-Owned Auto is being used in Your business.
Any other person or organization, but only with respect to their liability because of acts or omissions of an Assured under paragraphs A., B. or C. above.
None of the following is an Assured :
Any person engaged in the business of his or her employer with respect to Bodily Injury to any co-employee of such person injured in the course of employment;
Any person while employed in or otherwise engaged in performing duties related to the conduct of an Auto Business , other than an Auto Business You operate;
The owner or lessee (of whom You are a sublessee) of a Hired Auto or the owner of a Non-Owned Auto or any agent or Employee of any such owner or lessee;
Any person or organization with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Assured in the Declarations .
Clause IV. Exclusions D. shall not apply to the coverage under this endorsement.
Limits of Liability under this endorsement:
Limit of Liability for Property Damage , Bodily Injury and Advertising Injury :
Each Occurrence
The Each Occurrence Limit of Liability indicated in the Declarations is the most Underwriters will pay for all Claims first made against the Assured and reported to Underwriters during the Period of Insurance for Property Damage , Bodily Injury or Advertising Liability arising out of any one Occurrence . The Limit of Liability Each Occurrence applies regardless of the number of Assureds covered or Claims made based on the same Occurrence or interrelated Occurrences .
Aggregate
The Aggregate Limit of Liability indicated in the Declarations is the most Underwriters will pay for all Claims for Property Damage , Bodily Injury or Advertising Liability first made against the Assureds and reported to Underwriters during the Period of Insurance arising out of all Occurrences regardless of the number of Assureds covered or Claims made against the Assureds .
Limit of Liability for Fire Legal Liability :
Each Occurrence
The Each Occurrence Limit of Liability indicated in the Declarations is the most Underwriters will pay for all Claims first made against the Assured and reported to Underwriters during the Period of Insurance for Fire Legal Liability arising out of any one Occurrence . The Limit of Liability Each Occurrence applies regardless of the number of Assureds covered or Claims made based on the same Occurrence or interrelated Occurrences .
Aggregate
The Aggregate Limit of Liability indicated in the Declarations is the most Underwriters will pay for all Claims for Fire Legal Liability first made against the Assureds and reported to Underwriters during the Period of Insurance arising out of all Occurrences regardless of the number of Assureds covered or Claims made against the Assureds .
Limits of Liability for Hired and Non-Owned Auto Liability :
Each Occurrence
The Hired and Non-Owned Auto Each Occurrence Limit of Liability indicated in the Declarations is the most Underwriters will pay for all Claims first made against the Assured and reported to Underwriters during the Period of Insurance for Property Damage or Bodily Injury arising out of any one Occurrence . The Limit of Liability Each Occurrence applies regardless of the number of Assureds covered or Claims made based on the same Occurrence or interrelated Occurrences .
Aggregate
The Hired and Non-Owned Auto Aggregate Limit of Liability indicated in the Declarations is the most Underwriters will pay for all Claims for Property Damage or Bodily Injury first made against the Assureds and reported to Underwriters during the Period of Insurance arising out of all Occurrences regardless of the number of Assureds covered or Claims made against the Assureds .
These Limits of Liability stated above are part of, and not in addition to, the General Liability Limits listed in the Declarations .
Clause VI: Limit of Liability is amended to include the following:
The Aggregate Limit of Liability for all coverages indicated in the Declarations is the most Underwriters will pay in the Aggregate for all amounts payable by Underwriters for all coverages afforded under this Policy.
For purposes of this endorsement with respect to the General Liability Coverage as set forth in Paragraph 1. above:
We will pay, with respect to any Claim we investigate or settle against an Assured we defend:
All expenses we incur.
Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. The Underwriters do not have to furnish these bonds.
The cost of bonds to release attachments, but only for bond amounts within the applicable Limit of Liability . The Underwriters do not have to furnish these bonds.
All reasonable expenses incurred by the Assured at our request to assist us in the investigation or defense of the Claim , including actual loss of earnings up to $250 a day because of time off from work.
All costs taxed against the Assured in the defense of the Claim .
Prejudgment interest awarded against the Assured on that part of the judgment we pay. If we make an offer to pay the applicable Limit of Liability , we will not pay any prejudgment interest based on that period of time after the offer.
All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable Limit of Liability . These payments will not reduce the limits of insurance.
If we defend an Assured against a Claim and an indemnitee of the Assured is also named as a party to the Claim , we will defend that indemnitee if all of the following conditions are met:
The Claim against the indemnitee seeks damages for which the Assured has assumed the liability of the indemnitee in a contract or agreement that is an Insured Contract ;
This insurance applies to such liability assumed by Assured ;
The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the Assured in the same Insured Contract ;
The allegations in the Claim and the information we know about the Occurence are such that no conflict appears to exist between the interests of the Assured and the interests of the indemnitee;
The indemnitee and the Assured ask us to conduct and control the defense of that indemnitee against such Claim and agree that we can assign the same counsel to defend the Assured and the indemnitee; and
The indemnitee:
Agrees in writing to:
Cooperate with the Underwriters in the investigation, settlement, of the Claim ;
Immediately send the Underwriters copies of any demands, notices, summonses or legal papers received in connection with the Claim ;
Notify any other insurer whose coverage is available to the indemnitee; and
Cooperate with the Underwriters with respect to coordinating other applicable insurance available to the indemnitee; and
Provides the Underwriters with written authorization to:
Obtain records and other information related to the Claim ; and
Conduct and control the defense of the indemnitee in such Claim .
So long as the above conditions are met, attorneys' fees incurred by the Underwriters in the defense of that indemnitee, necessary litigation expenses incurred by the Underwriters and necessary litigation expenses incurred by the indemnitee at the Underwriters request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 5. above, such payments will not be deemed to be damages for Bodily Injury and Property Damage and will not reduce the limits of insurance.
The Underwriters obligation to defend an Assured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when:
The Underwriters have used up the applicable Limit of Liability in the payment of judgments or settlements; or
The conditions set forth above, or the terms of the agreement described in Paragraph f above, are no longer met.
POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE
You are hereby notified that, under the Terrorism Risk Insurance Act (the "Act"), effective December 26, 2007, this Policy makes available to You insurance for losses arising out of certain acts of terrorism. Terrorism is defined as any act certified by the Secretary of the Treasury, in concurrence with the Secretary of State, and the Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States Mission; and to have been committed by an individual or individuals, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion.
You should know that the insurance provided by Your Policy for losses caused by acts of terrorism is partially reimbursed by the United States under the formula set forth in the Act. Under this formula, the United States pays 85% of covered terrorism losses that exceed the statutorily established deductible to be paid by the insurance company providing the coverage. However, if aggregate Assured losses attributable to terrorist acts certified under the Act exceed $100 billion in a Program Year (January 1 through December 31), the treasury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion.
If aggregate Assured losses attributable to terrorist acts certified under the Act exceed $100 billion in a Program Year (January 1 through December 31) and we have met our insurer deductible under the Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case Assured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury.
The portion of Your policy's annual premium that is attributable to insurance for such acts of terrorism is: $0.
If You have any questions about this notice, please contact Your agent or broker.
All other terms and conditions of this Policy remain unchanged.
General Liability Coverage Endorsement (02/18)