HomeMy WebLinkAboutABCO Contracting Inc - Insurance Certificate 2024-2025DATE (MM/DD/YYYY)
A�oRo� CERTIFICATE OF LIABILITY INSURANCE
06/27/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER coNrncT Moody Insurance Agency, Inc.
NAME:
Moody Insurance Agency, Inc. A�cNN EXt :(303) 824-6600 �ac, No): (303) 370-0118
8055 East Tufts Avenue E-MAIL certrequest@moodyins.com
ADDRESS:
SUIIQ 1 OOO INSURER(S) AFFORDING COVERAGE NAIC #
Denver CO 80237 iNsuRERA: Charter Oak Fire Insurance Co 25615
INSURED iNsuReR e: Travelers Property Casualty Co of America 25674
ABCO Contracting, Inc. iNsuReR C: Pinnacol Assurance 41190
2180 E 74th PI INSURER D:
INSURER E :
Denver CO 80229 INSURER F:
COVERAGES CERTIFICATE NUMBER: 24-25 Master REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP LIMITS
LTR INSD WVD (MMIDD/YYYY) (MMIDD/YYYY)
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE � 1,000,000
CLAIMS-MADE � OCCUR PREM SES�(Ea occur ence) $ 300,000
MED EXP (Any one person) g 5,000
A Y DTC05E555217COF24 07/01/2024 07/01/2025 pERSONAL&ADV INJURY g 1,000,000
GEN'LAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE g 2,000,000
POIICY ❑X PR� � 2,000,000
JECT LOC PRODUCTS-COMP/OPAGG $
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT g 1,000,000
(Ea accident)
X ANYAUTO BODIIY INJURY (Per person) $
A OWNED SCHEDULED Y 8101N9104252426G 07/01/2024 07/01/2025 BODILYINJURY(Peraccident) $
AUTOS ONLY AUTOS
X HIRED � NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY (Per accident)
$
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE �$�000,000
B EXCESS LIAB CLAIMS-MADE CUP5J8430982426 07/01/2024 07/01/2025 AGGREGATE $ 8,000,000
DED X RETENTION $ 10,000 $
WORKERS COMPENSATION X S ATUTE E�RH
AND EMPLOYERS' LIABILITY y� N 1,OOO,OOO
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
C OFFICER/MEMBEREXCLUDED? ❑ N/A 4233169 07/01/2024 07/01/2025
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000
�f yes, describe under 1,000,000
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
City of Fort Collins
PO Box 580
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Fort Collins FL 80522 U�iQQ�.� ����V(,�,�'Q� �FAP i/1(`in�
.,6.,� ,�.�� U
O 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
��
ACORO�
�/
AGENCY CUSTOMER ID:
LOC #:
ADDITIONAL REMARKS SCHEDULE
Page of
AGENCY NAMEDINSURED
Moody Insurance Agency, Inc. ABCO Contracting, Inc.
POLICY NUMBER
CARRIER NAIC CODE
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance: Notes
CONTRACTUAL LIABILITYAPPLIES PER POLICYTERMSAND CONDITIONS
Automobile Liability - Charter Oak Fire Insurance Company, Policy Number 8101 N9104252426G, Effective Dates: 07/01/2024 - 07/01/2025, Comprehensive
Deductible: $1,000; Collision Deductible: $1,000
Scheduled Equipment - Travelers Indemnity of America, Policy Number QT6603E974441TIA24, Effective Dates: 07/01/2024 - 07/01/2025, Limit: Actual
Cash Value/Deductible: $1,000, Special Form
Leased/Rented Equipment - Travelers Indemnity of America, Policy Number QT6603E974441TIA24, Effective Dates: 07/01/2024 - 07/01/2025, Limit:
$80,000/Deductible: $1,000
Other States Workers Compensation - Zurich American Insurance, NAIC Code 16535, Policy Number WC807716903, Effective Dates: 07/01/2024 -
07/01/2025, Each Accident Limit: $1,000,000; Policy Limit: $1,000,000; Each Employee Limit: $1,000,000
General Liability:
CG D2 46 04 19 Form Attached Includes:
Blanket Additional Insured status applies only to the extent provided in form CG D2 46 04 19 when required by written contract.
Primary and Non-Contributory status only to the extent provided in form CG D2 46 04 19 when required by written contract.
CG D3 16 02 19 Form Attached Includes:
Blanket Additional Insured status applies only to the extent provided in form CG D3 16 11 11 when required by written contract.
Blanket Waiver of Subrogation applies only to the extent provided in form CG D3 16 11 11 when required by written contract.
CG D2 11 01 04 Form Attached Includes:
Designated Project General Aggregate applies only to the extent provided in form CG D2 11 01 04 when required by written contract.
IL T4 OS 03 11 Form Attached Includes:
30 day notice of cancellation applies only to the extent provided in form IL T4 05 03 11.
Auto Liability:
CA T3 53 02 15 Form Attached Includes:
Blanket Additional Insured status applies only to the extent provided in form CA T3 53 02 15 when required by written contract.
Blanket Waiver of Subrogation applies only to the extent provided in form CA T3 53 02 15 when required by written contract.
CA T4 99 Form Attached Includes:
Primary and Non-Contributory status only to the extent provided in form CA T4 99 when required by written contract.
IL T4 05 03 11 Form Attached Includes:
30 day notice of cancellation applies only to the extent provided in form IL T4 05 03 11 when required by written contract.
Excess Liability:
Excess Liability policy is on a follow form basis for the following underlying insurance coverages: General Liability, Automobile Liability, and Employers
Liability. Additional insured status will follow when required by written contract including Primary and Non-Contributory status when required by written
contract.
IL T3 20 09 97 Form Attached Includes:
30 day notice of cancellation applies only to the extent provided in form IL T3 20 09 97.
Worker's Compensation:
359-B form Attached Includes Blanket Waiver of Subrogation. Status applies when required by written contract.
IMPORTANT:
The policy forms referenced will be sent via email only. To obtain copies, please send your request with the email address to certrequest@moodyins.com
ACORD 101 (2008/01) �O 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: 810-1N910425-19-26-G ISSUE DATE: 07-10-19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED ENTITY - NOTICE OF
CANCELLATION PROVIDED BY US
This endorsement modifies insurance provided under the following:
ALL COVERAGE PARTS INCLUDED IN THIS POLICY
SCHEDULE
CANCELLATION: Number of Days Notice of Cancellation: 30
PERSON OR
ORGANIZATION: ANY PERSON OR ORGANIZATION TO WIiOM YOU
HAVE AGREED IN A WRITTEN CONTRACT THAT
NOTICE OF CANCELLATION OF TH25 POLICY
WILL BE GIVEN, BUT ONLY IF:
1. YOU SEND US A WRITTEN REQUEST TO
PROVIDE SUCH NOTICE, INCLUDING THE
NAME AND ADDRESS OF SUCH PERSON OR
ORGANIZATION, AFTER THE FIRST NAMED
INSURED RECEIVES NOTICE FROM US OF
THE CANCELLATION OF THIS POLICY; AND
2. WE RECEIVE SUCH WRITTEN REQUEST AT
LEAST 14 DAYS BEFORE THE BEGINNING OF
THE APPLICABLE NUMBER OF DAYS SHOWN
IN THIS SCHEDULE.
ADDRESS:
THE ADDRESS FOR THAT PERSON OR ORGANIZ-
ATION INCLUDED IN SUCH WRITTEN REQUEST
FROM YOU TO US.
PROVISIONS:
If we cancel this policy for any statutorily permitted above. We will mail such notice to the address shown
reason other than nonpayment of premium, and a in the schedule above at least the number of days
number of days is shown for cancellation in the shown for cancellation in the schedule above before
schedule above, we will mail notice of cancellation to the effective date of cancellation.
the person or organization shown in the schedule
IL T4 05 03 11 �O 2011 The Travelers Indemnity Company. All rights reserved. PdgC' 1 Of 1
UMBRELLA
EXCESS FOLLOW-FORM AND UMBRELLA
LIABILITY INSURANCE
THIS POLICY, IN PART, PROVIDES FOLLOW-FORM LIABILITY COVERAGE.
COVERAGE WILL APPLY ON A CLAIMS-MADE BASIS WHEN FOLLOWING
CLAIMS-MADE UNDERLYING INSURANCE.
COVERAGE WILL APPLY ON A DEFENSE-WITHIN-LIMITS BASIS WHEN
FOLLOWING UNDERLYING INSURANCE UNDER WHICH DEFENSE
EXPENSES ARE PAYABLE WITHIN, AND NOT IN ADDITION TO, THE
LIMITS OF INSURANCE. WHEN FOLLOWING SUCH UNDERLYING
INSURANCE, PAYMENT OF DEFENSE EXPENSES UNDER THIS POLICY
WILL REDUCE, AND MAY EXHAUST, THE LIMITS OF INSURANCE OF THIS
POLICY.
PLEASE READ THE ENTIRE POLICY CAREFULLY.
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and
what is and is not covered.
Throughout this policy, the words "you" and "your" refer to the Named Insured shown in the Declarations and any
other person or organization qualifying 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 organization 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 VI —
DEFINITIONS.
SECTION I — COVERAGES
A. COVERAGE A— EXCESS FOLLOW-FORM
LIABILITY
1. We will pay on behalf of the insured those
sums, in excess of the "applicable underlying
IimiY', that the insured becomes legally
obligated to pay as damages to which
Coverage A of this insurance applies,
provided that the "underlying insurance" would
apply to such damages but for the exhaustion
of its applicable limits of insurance. If a
sublimit is specified in any "underlying
insurance", Coverage A of this insurance
applies to damages that are in excess of that
sublimit only if such sublimit is shown for that
"underlying insurance" in the Schedule Of
Underlying Insurance.
2. Coverage A of this insurance is subject to the
same terms, conditions, agreements,
exclusions and definitions as the "underlying
insurance", except with respect to any
provisions to the contrary contained in this
insurance.
3. The amount we will pay for damages is limited
as described in SECTION III — LIMITS OF
INSURANCE.
4. For the purposes of Paragraph 1. above:
a. The applicable limit of insurance stated
for the policies of "underlying insurance"
in the Schedule Of Underlying Insurance
will be considered to be reduced or
exhausted only by the following
payments:
(1) Payments of judgments or
settlements for damages that are
covered by that "underlying
insurance". However, if such
"underlying insurance" has a policy
period which differs from the policy
period of this Excess Follow-Form
And Umbrella Liability Insurance, any
such payments for damages that
would not be covered by this Excess
EU 00 01 07 16 O 2016 The Travelers Indemnity Company. All rights reserved. Pd j2 1 Of 22
UMBRELLA
Follow-Form And Umbrella Liability
Insurance because of its different
policy period will not reduce or
exhaust the applicable limit of
insurance stated for such "underlying
insurance";
(2) Payments of "medical expenses" that
are covered by that "underlying
insurance" and are incurred for
"bodily injury" caused by an accident
that takes place during the policy
period of this Excess Follow-Form
And Umbrella Liability Insurance; or
(3) Payments of defense expenses that
are covered by that "underlying
insurance", only if such "underlying
insurance" includes such payments
within the limits of insurance.
However, if such "underlying
insurance" has a policy period which
differs from the policy period of this
Excess Follow-Form And Umbrella
Liability Insurance, any such
payments for defense expenses that
would not be covered by this Excess
Follow-Form And Umbrella Liability
Insurance because of its different
policy period will not reduce or
exhaust the applicable limit of
insurance stated for such "underlying
insurance".
If the applicable limit of insurance stated
for the policies of "underlying insurance"
in the Schedule Of Underlying Insurance
is actually reduced or exhausted by other
payments, Coverage A of this insurance
is not invalidated. However, in the event
of a loss, we will pay only to the extent
that we would have paid had such limit
not been actually reduced or exhausted
by such other payments.
b. If any "underlying insurance" has a limit of
insurance greater than the amount shown
for that insurance in the Schedule of
Underlying Insurance, this insurance will
apply in excess of that greater amount. If
any "underlying insurance" has a limit of
insurance, prior to any reduction or
exhaustion by payment of damages,
"medical expenses" or defense expenses
described in Paragraph a. above, that is
less than the amount shown for that
insurance in the Schedule Of Underlying
Insurance, this insurance will apply in
excess of the amount shown for such
insurance in the Schedule Of Underlying
Insurance.
5. When the "underlying insurance" applies on a
claims-made basis and includes a retroactive
date provision, the retroactive date for
Coverage A of this insurance is the same as
the retroactive date of that "underlying
insurance".
B. COVERAGE B— UMBRELLA LIABILITY
1. We will pay on behalf of the insured those
sums in excess of the "self-insured retention"
that the insured becomes legally obligated to
pay as damages because of "bodily injury",
"property damage", "personal injury" or
"advertising injury" to which Coverage B of
this insurance applies.
2. Coverage B of this insurance applies to
"bodily injury" or "property damage" only if:
a. The "bodily injury" or "property damage" is
caused by an "occurrence" that takes
place anywhere in the world;
b. The "bodily injury" or "property damage"
occurs during the policy period; and
c. Prior to the policy period, no insured listed
under Paragraph 1. in Paragraph B.,
COVERAGE B — UMBRELLA
LIABILITY, of SECTION II — WHO IS AN
INSURED and no "employee" 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 insured or authorized "employee"
knew, prior to the policy period, that the
"bodily injury" or "property damage"
occurred, in whole or in part, then any
continuation, change or resumption of
such "bodily injury" or "property damage"
during or after the policy period will be
deemed to have been known prior to the
policy period.
3. Coverage B of this insurance applies to
"personal injury" or "advertising injury"
caused by an offense arising out of your
business, but only if the offense was
committed during the policy period
anywhere in the world.
4. The amount we will pay for damages is limited
as described in SECTION III — LIMITS OF
INSURANCE.
5. "Bodily injury" or "property damage":
a. Which occurs during the policy period; and
b. Which was not prior to, but was during, the
policy period known to have occurred by
any insured listed under Paragraph 1. in
Paragraph B., COVERAGE B —
Page 2 of 22 O 2016 The Travelers Indemnity Company. All rights reserved. EU 00 O1 07 16
UMBRELLA
UMBRELLA LIABILITY of SECTION II —
WHO IS AN INSURED, or any "employee"
authorized by you to give notice of an
"occurrence" or claim;
includes any continuation, change or
resumption of the "bodily injury" or "property
damage" after the end of the policy period.
6. "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. in Paragraph B.,
COVERAGE B— UMBRELLA LIABILITY, of
SECTION II — WHO IS AN INSURED or any
"employee" authorized by you to give or
receive notice of an "occurrence" or claim:
a. Reports all, or any part, of the "bodily
injury" or "property damage" to us or any
other insurer;
b. Receives a written or verbal demand or
claim for damages because of the "bodily
injury" or "property damage"; or
c. Becomes aware by any other means that
the "bodily injury" or "property damage"
has occurred or has begun to occur.
7. Damages because of "bodily injury" include
damages claimed by any person or
organization for care, loss of services or death
resulting at any time from the "bodily injury".
8. Coverage B of this insurance does not apply
to damages covered by any "underlying
insurance" or that would have been covered
by any "underlying insurance" but for the
exhaustion of its applicable limit of insurance.
C. COVERAGE C — CRISIS MANAGEMENT
SERVICE EXPENSES
1. We will reimburse the insured, or pay on the
insured's behalf, "crisis management service
expenses" to which Coverage G applies.
2. Coverage C of this insurance applies to "crisis
management service expenses" that:
a. Arise out of a"crisis management event"
that first commences during the policy
period;
b. Are incurred by the insured, after a"crisis
management event" first commences and
before such event ends; and
c. Are submitted to us within 180 days after
the "crisis management advisor" advises
you that the "crisis management event"
no longer exists.
a. First commence at the time when any
"executive officer" first becomes aware of
an "event" or "occurrence" that leads to
that "crisis management event"; and
b. End when we decide that the crisis no
longer exists or when the Crisis
Management Service Expenses Limit has
been exhausted, whichever occurs first.
4. The amount we will pay for "crisis
management service expenses" is limited as
described in SECTION III — LIMITS OF
INSURANCE.
5. A"self-insured retention" does not apply to
"crisis management service expenses".
6. Any payment of "crisis management service
expenses" that we make will not be
determinative of our obligations under this
insurance with respect to any claim or "suit" or
create any duty to defend or indemnify any
insured for any claim or "suit".
D. DEFENSE AND SUPPLEMENTARY PAYMENTS
1. We will have the right and duty to defend the
insured:
a. Under Coverage A, against a"suit"
seeking damages to which such coverage
applies, if:
(1) The "applicable underlying limit" is the
applicable limit of insurance stated for
a policy of "underlying insurance" in
the Schedule Of Underlying
Insurance and such limit has been
exhausted solely due to payments as
permitted in Paragraphs 4.a.(1), (2)
and (3) of COVERAGE A— EXCESS
FOLLOW-FORM LIABILITY of
SECTION I — COVERAGES; or
(2) The "applicable underlying limit" is the
applicable limit of any "other
insurance" and such limit has been
exhausted by payments of judgments,
settlements or medical expenses, or
related costs or expenses (if such
costs or expenses reduce such
limits).
For any "suit" for which we have the right
and duty to defend the insured under
Coverage A, defense expenses will be
within the limits of insurance of this policy
when such expenses are within the limits
of insurance of the applicable "underlying
insurance": or
3. A"crisis management event" will be deemed b. Under Coverage B, against a"suiY'
to: seeking damages to which such coverage
applies.
EU 00 01 07 16 OO 2016 The Travelers Indemnity Company. All rights reserved. Pdg2 3 Of 22
UMBRELLA
2. We have no duty to defend any insured
against any "suit":
a. Seeking damages to which this insurance
does not apply; or
b. If any other insurer has a duty to defend.
3. When we have the duty to defend, we may, at
our discretion, investigate and settle any claim
or "suit". In all other cases, we may, at our
discretion, participate in the investigation,
defense and settlement of any claim or "suit"
for damages to which this insurance may
apply. If we exercise such right to participate,
all expenses we incur in doing so will not
reduce the applicable limits of insurance.
4. Our duty to defend ends when we have used
up the applicable limit of insurance in the
payment of judgments or settlements, or
defense expenses if such expenses are within
the limits of insurance of this policy.
5. We will pay, with respect to a claim we
investigate or settle, or "suit" against an
insured we defend:
a. All expenses we incur.
b. The cost of:
applicable limit of insurance. If we do not
pay part of the judgment for any reason
other than it is more than the applicable
limit of insurance, we will not pay any
interest that accrues on that portion of the
judgment.
With respect to a claim we investigate or
settle, or "suit" against an insured we defend
under COVERAGE A— EXCESS FOLLOW-
FORM LIABILITY, these payments will not
reduce the applicable limits of insurance, but
only if the applicable "underlying insurance"
provides for such payments in addition to its
limits of insurance. With respect to a claim we
investigate or settle, or "suit" against an
insured we defend under COVERAGE B—
UMBRELLA LIABILITY, these payments will
not reduce the applicable limits of insurance.
SECTION II — WHO IS AN INSURED
A. COVERAGE A— EXCESS FOLLOW-FORM
LIABILITY
With respect to Coverage A, the following persons
and organizations qualify as insureds:
1. The Named Insured shown in the
Declarations; and
(1) Bail bonds required because of
accidents or traffic law violations
arising out of the use of any vehicle to
which this insurance applies; or
(2) Appeal bonds and bonds to release
attachments;
but only for bond amounts within the
applicable limit of insurance. We do not
have to furnish these bonds.
c. All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of such claim or
"suit", including actual loss of earnings up
to $1,000 a day because of time off from
work.
d. All court costs taxed against the insured
in the "suit". However, these payments do
not include attorneys' fees or attorneys'
expenses taxed against the insured.
e. 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.
2. Any other person or organization qualifying as
an insured in the "underlying insurance". If
you have agreed to provide insurance for that
person or organization in a written contract or
agreement:
a. The limits of insurance afforded to such
person or organization will be:
(1) The amount by which the minimum
limits of insurance you agreed to
provide such person or organization
in that written contract or agreement
exceed the total limits of insurance of
all applicable "underlying insurance";
or
(2) The limits of insurance of this policy;
whichever is less; and
b. Coverage under this policy does not apply
to such person or organization if the
minimum limits of insurance you agreed
to provide such person or organization in
that written contract or agreement are
wholly within the total limits of insurance
of all available applicable "underlying
insurance".
f. All interest that accrues on the full amount B• COVERAGE B— UMBRELLA LIABILITY
of any judgment after entry of the With respect to Coverage B:
judgment and before we have paid,
offered to pay or deposited in court the 1. The Named Insured shown in the
part of the judgment that is within the Declarations is an insured.
2. If you are:
Page 4 of 22 O 2016 The Travelers Indemnity Company. AII rights reserved. EU OO 01 O7 16
UMBRELLA
a. An individual, your spouse is also an
insured, but only with respect to the
conduct of a business of which you are
the sole owner.
b. A partnership or joint venture, 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, your members
are also insureds, but only with respect to
the conduct of your business. Your
managers are also insureds, but only with
respect to their duties as your managers.
d. An organization other than a partnership,
joint venture or limited liability company,
your "officers" and directors are also
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.
e. A trust, your trustees are also insureds,
but only with respect to their duties as
trustees.
3. Each of the following is also an insured:
a. Your "volunteer workers" only while
perForming duties related to the conduct
of your business, or your "employees",
other than either your "officers" (if you are
an organization other than a partnership,
joint venture or limited liability company)
or your managers (if you are a limited
liability 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" or "volunteer
workers" are insureds for:
(1) "Bodily injury" or "personal injury":
(a) To you, to your partners or
members (if you are a partnership
or joint venture), to your members
(if you are a limited liability
company), to a co-"employee"
while in the course of his or her
employment or performing duties
related to the conduct of your
business, or to your other
"volunteer workers" while
performing duties related to the
conduct of your business;
(b) To the spouse, child, parent,
brother or sister of that co-
"employee" or "volunteer worker"
as a consequence of Paragraph
(1)(a) above;
(c) For which there is any obligation
to share damages with or repay
someone else who must pay
damages because of the injury
described in Paragraph (1)(a) or
(b) above; or
(d) Arising out of his or her providing
or failing to provide professional
health care services.
Unless you are in the business or
occupation of providing professional
health care services, Paragraphs
(1)(a), (b), (c) and (d) above do not
apply to "bodily injury" arising out of
providing or failing to provide first aid
or "Good Samaritan services" by any
of your "employees" or "volunteer
workers" other than an employed or
volunteer doctor. Any such
"employees" or "volunteer workers"
providing or failing to provide first aid
or "Good Samaritan services" during
their work hours for you will be
deemed to be acting within the scope
of their employment by you or
perForming duties related to the
conduct of your business.
(2) "Property damage" to property:
(a) Owned, occupied or used by; or
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by;
you, any of your "employees" or
"volunteer workers", any of your
partners or members (if you are a
partnership or joint venture), or any of
your members (if you are a limited
liability company).
b. Any person (other than your "employee"
or "volunteer worker"), or any
organization, while acting as your real
estate manager.
c. Any person or organization having proper
temporary custody of your property if you
die, but only:
(1) With respect to liability arising out of
the maintenance or use of that
property; and
(2) Until your legal representative has
been appointed.
d. Your legal representative if you die, but
only with respect to duties as such. That
EU 00 01 07 16 �O 2016 The Travelers Indemnity Company. All rights reserved. Pdge S Of 22
UMBRELLA
representative will have all your rights and
duties under this insurance.
4. Any organization, other than a partnership,
joint venture or limited liability company, of
which you are the sole owner, or in which you
maintain an ownership interest of more than
50%, on the first day of the policy period is an
insured and will qualify as a Named Insured.
No such organization is an insured or will
qualify as a Named Insured for "bodily injury"
or "property damage" that occurred, or
"personal injury" or "advertising injury" caused
by an offense committed after the date, if any,
during the policy period, that you no longer
maintain an ownership interest of more than
50% in such organization.
5. Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and of which you are
the sole owner, or in which you maintain an
ownership interest of more than 50%, is an
insured and will qualify as a Named Insured if
there is no other similar insurance available to
that organization. However:
a. Coverage under this provision is afforded
only until the 180�`' day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and
b. Coverage for such organization does not
apply to:
(1) "Bodily injury" or "property damage"
that occurred; or
(2) "Personal injury" or "advertising
injury" arising out of an offense
committed;
before you acquired or formed the
organization.
No person or organization is an insured or will
qualify as a Named Insured with respect to the
conduct of any current or past partnership, joint
venture or limited liability company that is not
shown as a Named Insured in the Declarations.
This paragraph does not apply to any such
partnership, joint venture or limited liability
company that otherwise qualifies as an insured
under Paragraph B. of SECTION II — WHO IS AN
INSURED.
C. COVERAGE C— GRISIS MANAGEMENT
SERVICE EXPENSES
With respect to Coverage C, the following persons
and organizations are insureds and will qualify as
Named Insureds:
2. Any organization, other than a partnership,
joint venture or limited liability company, of
which you are the sole owner, or in which you
maintain an ownership interest of more than
50%, on the first day of the policy period. No
such organization is an insured or will qualify
as a Named Insured for "crisis management
service expenses" arising out of a"crisis
management event" that first commences
after the date, if any, during the policy period,
that you no longer maintain an ownership
interest of more than 50% in such
organization.
3. Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and of which you are
the sole owner, or in which you maintain an
ownership interest of more than 50%, if there
is no other similar insurance available to that
organization. However:
a. Coverage under this provision is afforded
only until the 180"' day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and
b. Coverage for such organization does not
apply to "crisis management service
expenses" arising out of a"crisis
management event" that occurred before
you acquired or formed the organization,
even if an "executive officer" only first
becomes aware of an "event" or
"occurrence" that leads to such "crisis
management event" after the date you
acquired or formed the organization.
No person or organization is an insured or will
qualify as a Named Insured with respect to the
conduct of any current or past partnership, joint
venture or limited liability company that is not
shown as a Named Insured in the Declarations.
SECTION III — LIMITS OF INSURANCE
A. The Limits of Insurance shown in the Declarations
and the rules below fix the most we will pay for the
amounts described below to which this insurance
applies regardless of the number of:
1. Insureds;
2. Claims made or "suits" brought;
3. Number of vehicles involved;
4. Persons or organizations making claims or
bringing "suits"; or
5. Coverages provided under this insurance.
As indicated in Paragraph D.1. of SECTION I—
1. The Named Insured shown in the „ „
Declarations. COVERAGES, for any suit for which we have
the right and duty to defend the insured under
Coverage A, defense expenses will be within the
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UMBRELLA
limits of insurance of this policy when such
expenses are within the limits of insurance of the
applicable "underlying insurance".
B. The General Aggregate Limit is the most we will
pay for the sum of all:
1. Damages; and
2. Defense expenses if such expenses are
within the limits of insurance of this policy;
except:
1. Damages and defense expenses because of
"bodily injury" or "property damage" included
in the "auto hazard";
2. Damages and defense expenses because of
"bodily injury" or "property damage" included
in the "products-completed operations
hazard"; or
C.
�
3. Damages and defense expenses for which
insurance is provided under any Aircraft
Liability coverage included as "underlying
insurance" to which no aggregate limit
applies.
The Products-Completed Operations Aggregate
Limit is the most we will pay for the sum of all:
1. Damages; and
2. Defense expenses if such expenses are
within the limits of insurance of this policy;
because of "bodily injury" or "property damage"
included in the "products-completed operations
hazard".
Subject to Paragraph B. or C. above, whichever
applies, the Occurrence Limit is the most we will
pay for the sum of all:
1. Damages, and defense expenses if such
expenses are within the limits of insurance of
this policy, under Coverage A arising out of
any one "event" to which the "underlying
insurance" applies a limit of insurance that is
separate from any aggregate limit of
insurance; and
2. Damages under Coverage B because of all
"bodily injury", "property damage", "personal
injury" or "advertising injury" arising out of any
one "occurrence".
For the purposes of determining the applicable
Occurrence Limit, all related acts or omissions
committed in the providing or failing to provide
first aid or "Good Samaritan services" to any one
person will be considered one "occurrence".
E. The Crisis Management Service Expenses Limit
is the most we will pay for the sum of all "crisis
management service expenses" arising out of all
"crisis management events". Payment of such
"crisis management service expenses" is in
addition to, and will not reduce, any other limit of
insurance of this policy.
F. The limits of insurance of this policy apply
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. If the policy period is
extended after issuance for an additional period of
less than 12 months, the additional period will be
deemed part of the last preceding period for
purposes of determining the limits of insurance.
SECTION IV — EXCLUSIONS
This insurance does not apply to:
A. With respect to Coverage A and Coverage B:
1. Asbestos
a.
b.
Damages arising out of the actual or
alleged presence or actual, alleged or
threatened dispersal of asbestos,
asbestos fibers or products containing
asbestos, provided that the damages are
caused or contributed to by the hazardous
properties of asbestos.
Damages arising out of the actual or
alleged presence or actual, alleged or
threatened dispersal of any solid, liquid,
gaseous or thermal irritant or
contaminant, including smoke, vapors,
soot, fumes, acids, alkalis, chemicals and
waste, and that are part of any claim or
"suit" which also alleges any damages
described in Paragraph a. above.
c. Any loss, cost or expense arising out of
any:
(1) Request, demand, order or statutory
or regulatory requirement that any
insured or others test for, monitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any way
respond to, or assess the effects of,
asbestos, asbestos fibers or products
containing asbestos; or
(2) Claim or "suiY' by or on behalf of any
governmental authority or any other
person or organization because of
testing for, monitoring, cleaning up,
removing, containing, treating,
detoxifying or neutralizing, or in any
way responding to, or assessing
the effects of, asbestos, asbestos
fibers or products containing asbestos.
2. Employment-Related Practices
Damages because of injury to:
a. A person arising out of any:
(1) Refusal to employ that person;
(2) Termination of that person's
employment; or
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UMBRELLA
(3) Employment-related practice, policy,
act or omission, such as coercion,
demotion, evaluation, reassignment,
discipline, failure to promote or
advance, harassment, humiliation,
discrimination, libel, slander, violation
of the person's right of privacy,
malicious prosecution or false arrest,
detention or imprisonment, applied to
or directed at that person, regardless
of whether such practice, policy, act
or omission occurs, is applied or is
committed before, during or after the
time of that person's employment; or
b. The spouse, child, parent, brother or
sister of that person as a consequence of
injury to that person as described in
Paragraphs a.(1), (2) or (3) above.
This exclusion applies:
a. Whether the insured may be liable as an
employer or in any other capacity; and
b. To any obligation to share damages with
or repay someone else who must pay
damages because of the injury.
3. ERISA, COBRA And Similar Laws
Any obligation of the insured under:
a. The Employees Retirement Income
Security Act Of 1974 (ERISA) or any of
its amendments;
b. The Consolidated Omnibus Budget
Reconciliation Act of 1985 (COBRA) or
any of its amendments; or
c. Any similar common or statutory law of
any jurisdiction.
4. Medical Expenses Or Payments
Any obligation of the insured under any
"medical expenses" or medical payments
coverage.
5. Nuclear Material
Damages arising out of:
a. The actual, alleged or threatened
exposure of any person or property to; or
b. The "hazardous properties" of;
any "nuclear material".
As used in this exclusion:
a. "Hazardous properties" includes
radioactive, toxic or explosive properties;
b. "Nuclear material" means "source
material", "special nuclear material" or
"by-product material"; and
c. "Source material", "special nuclear
material" and "by-product material" have
the meanings given them in the Atomic
Energy Act of 1954 or any of its
amendments.
6. Uninsured or Underinsured Motorists, No-
Fault And Similar Laws
Any liability imposed on the insured, or the
insured's insurer, under any of the following
laws:
a. Uninsured motorists;
b. Underinsured motorists;
c. Auto no-fault or other first-party personal
injury protection (PIP);
d. Supplementary uninsured/underinsured
motorists (New York); or
e. Medical expense benefits and income
loss benefits (Virginia).
7. War
Damages arising out of:
a. War, including undeclared or civil war; or
b. Warlike action by a military force,
including action in hindering or defending
against an actual or expected attack, by
any government, sovereign or other
authority using military personnel or other
agents; or
c. Insurrection, rebellion, revolution, usurped
power or action taken by governmental
authority in hindering or defending against
any of these.
8. Workers Gompensation And Similar Laws
Any obligation of the insured under a workers
compensation, disability benefits or
unemployment compensation law or any
similar law.
B. With respect to Coverage B:
1. Expected Or Intended Bodily Injury Or
Property Damage
"Bodily injury" or "property damage" expected
or intended from the standpoint of the insured.
This exclusion does not apply to "bodily injury"
or "property damage" resulting from the use of
reasonable force to protect persons or
property.
2. Contractual Liability
"Bodily injury", "property damage", "personal
injury" or "advertising injury" for which the
insured is obligated to pay damages by
reason of the assumption of liability in a
contract or agreement. This exclusion does
not apply to liability for damages that the
insured would have in the absence of the
contract or agreement.
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UMBRELLA
3. Liquor Liability
"Bodily injury" or "property damage" for which
any insured may be liable by reason of:
a. Causing or contributing to the intoxication
of any person, including causing or
contributing to the intoxication of any
person because alcoholic beverages were
permitted to be brought on your premises
for consumption on your premises;
b. The furnishing of alcoholic beverages to a
person under the legal drinking age or
under the influence of alcohol; or
c. Any statute, ordinance or regulation
relating to the sale, gift, distribution or use
of alcoholic beverages.
4. Employers Liability
"Bodily injury" to:
a. An "employee" of the insured arising out
of and in the course of:
removing, containing, treating,
detoxifying or neutralizing, or in any
way responding to, or assessing the
effects of, "pollutants".
6. Aircraft
"Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or
entrustment to others of any aircraft owned or
operated by or rented or loaned to any
insured. Use includes operation and "loading
or unloading".
This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage" involved the ownership,
maintenance, use or entrustment to others of
any aircraft that is owned or operated by or
rented or loaned to any insured.
(1) Employment by the insured; or
(2) Performing duties related to the
conduct of the insured's business; or
b. The spouse, child, parent, brother or
sister of that "employee" as a
consequence of "bodily injury" described
in Paragraph a. above.
This exclusion applies:
a. Whether the insured may be liable as an
employer or in any other capacity; and
b. To any obligation to share damages with
or repay someone else who must pay
damages because of the "bodily injury".
5. Pollution
a. "Bodily injury", "property damage",
"personal injury" or "advertising injury"
arising out of the actual, alleged or
threatened discharge, dispersal, seepage,
migration, release or escape of
"pollutants".
b. Any loss, cost or expense arising out of
any:
(1) Request, demand, order or statutory
or regulatory requirement that any
insured or any other person or
organization test for, monitor, clean
up, remove, contain, treat, detoxify or
neutralize, or in any way respond to,
or assess the effects of, "pollutants";
or
(2) Claim or "suiY' by or on behalf of any
governmental authority or any other
person or organization because of
testing for, monitoring, cleaning up,
7. Auto
"Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or
entrustment to others of any "auto". Use
includes operation and "loading or unloading".
This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage" involved the ownership,
maintenance, use or entrustment to others of
any "auto".
This exclusion does not apply to "bodily injury"
or "property damage" caused by an
"occurrence" that takes place outside of the
United States of America (including its
territories and possessions), Puerto Rico and
Canada.
8. Watercraft
"Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or
entrustment to others of any watercraft owned
or operated by or rented or loaned to any
insured. Use includes operation and "loading
or unloading".
This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage" involved the ownership,
EU 00 01 07 16 O 2016 The Travelers Indemnity Company. All rights reserved. Pdg2 9 Of 22
UMBRELLA
maintenance, use or entrustment to others of
any watercraft that is owned or operated by
or rented or loaned to any insured.
This exclusion does not apply to a watercraft:
a. While ashore on premises owned by or
rented to any insured; or
b. That is 50-feet long or less and that:
(1) You own; or
(2) You do not own and is not being used
to carry any person or property for a
charge.
9. Electronic Data
Damages claimed for the loss of, loss of use
of, damage to, corruption of, inability to
access, or inability to manipulate "electronic
data".
10. Damage To Property, Products Or Work
"Property damage" to:
a. Property you own, rent or occupy,
including any costs or expenses incurred
by you, or any other person or
organization, for repair, replacement,
enhancement, restoration or maintenance
of such property for any reason, including
prevention of injury to a person or
damage to another's property;
b. Premises you sell, give away or abandon
if the "property damage" arises out of any
part of those premises;
c. Property loaned to you;
d. Personal property in the care, custody or
control of the insured;
e. That particular part of real property on
which you or any contractors or
subcontractors working directly or
indirectly on your behalf are perForming
operations if the "property damage"
arises out of those operations;
f. That particular part of any property that
must be restored, repaired or replaced
because "your work" was incorrectly
performed on it;
g. "Your product" arising out of "your
product" or any part of it; or
11. Damage To Impaired Property Or Property
Not Physically Injured
"Property damage" to "impaired property", or
property that has not been physically injured,
arising out of:
a. A defect, deficiency, inadequacy or
dangerous condition in "your product" or
"your work"; or
b. A delay or failure by you, or anyone acting
on your behalf, to fulfill the terms of a
contract or agreement.
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.
12. Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for the loss
of use, withdrawal, recall, inspection, repair,
replacement, adjustment, removal or disposal
of:
a. "Your product";
b. "Your work"; or
c. "Impaired property";
if such product, work or property is withdrawn
or recalled from the market or from use by
any person or organization because of a
known or suspected defect, deficiency,
inadequacy or dangerous condition in it.
13. Violation Of Consumer Financial
Protection Laws
"Bodily injury", "property damage", "personal
injury" or "advertising injury" arising out of any
actual or alleged violation of a"consumer
financial protection law", or any other "bodily
injury", "property damage", "personal injury" or
"advertising injury" alleged in any claim or
"suit" that also alleges any such violation.
14. Unsolicited Communication
"Bodily injury", "property damage", "personal
injury" or "advertising injury" arising out of any
actual or alleged violation of any law that
restricts or prohibits the sending, transmitting
or distributing of "unsolicited communication".
h. "Your work" arising out of "your work" or 15. Access Or Disclosure Of Confidential Or
any part of it and included in the Personallnformation
"products-completed operations hazard". "Bodily injury", "property damage", "personal
injury" or "advertising injury" arising out of any
access to or disclosure of any person's or
organization's confidential or personal
information.
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UMBRELLA
16. Knowing Violation Of Rights Of Another
"Personal injury" or "advertising injury" caused
by or at the direction of the insured with the
knowledge that the act would violate the rights
of another and would inflict "personal injury"
or "advertising injury".
17. Material Published With Knowledge Of
Falsity
"Personal injury" or "advertising injury" arising
out of oral or written publication, including
publication by electronic means, of material, if
done by or at the direction of the insured with
knowledge of its falsity.
18. Material Published Or Used Prior To Policy
Period
a. "Personal injury" or "advertising injury"
arising out of oral or written publication,
including publication by electronic means,
of material whose first publication took
place before the beginning of the policy
period; or
b. "Advertising injury" arising out of
infringement of copyright, "title" or
"slogan" in your "advertisement" whose
first infringement in your "advertisement"
was committed before the beginning of
the policy period.
19. Criminal Acts
"Personal injury" or "advertising injury" arising
out of a criminal act committed by or at the
direction of the insured.
20. Breach Of Contract
"Personal injury" or "advertising injury" arising
out of a breach of contract.
21. Quality Or Performance Of Goods — Failure
To Conform To Statements
"Advertising injury" arising out of the failure of
goods, products or services to conform with
any statement of quality or perFormance made
in your "advertisemenY'.
22. Wrong Description Of Prices
"Advertising injury" arising out of the wrong
description of the price of goods, products or
services stated in your "advertisement".
23. Intellectual Property
"Personal injury" or "advertising injury" arising
out of any actual or alleged infringement or
violation of any of the following rights or laws,
or any other "personal injury" or "advertising
injury" alleged in any claim or "suit" that also
alleges any such infringement or violation:
a. Copyright;
b. Patent;
c. Trade dress;
d. Trade name;
e. Trademark;
f. Trade secret; or
g. Other intellectual property rights or laws.
This exclusion does not apply to:
a. "Advertising injury" arising out of any
actual or alleged infringement or violation
of another's copyright, "title" or "slogan" in
your "advertisement"; or
b. Any other "personal injury" or "advertising
injury" alleged in any claim or "suiY' that
also alleges any such infringement or
violation of another's copyright, "title" or
"slogan" in your "advertisement".
24. Insureds In Media And Internet Type
Business
"Personal injury" or "advertising injury" arising
out of an offense committed by an insured
whose business is:
a. Advertising, "broadcasting" or publishing;
b. Designing or determining content of web-
sites for others; or
c. An Internet search, access, content or
service provider.
This exclusion does not apply to Paragraphs
a.(1), (2) and (3) of the definition of "personal
injury".
For the purposes of this exclusion:
a. Creating and producing correspondence
written in the conduct of your business,
bulletins, financial or annual reports, or
newsletters about your goods, products or
services will not be considered the
business of publishing; and
b. The placing of frames, borders or links, or
advertising, for you or others anywhere on
the Internet will not, by itself, be
considered the business of advertising,
"broadcasting" or publishing.
25. Electronic Chatrooms Or Bulletin Boards
"Personal injury" or "advertising injury" arising
out of an electronic chatroom or bulletin board
the insured hosts, owns or over which the
insured exercises control.
26. Unauthorized Use Of Another's Name Or
Product
"Personal injury" or "advertising injury" arising
out of the unauthorized use of another's name
or product in your e-mail address, domain
name or metatag, or any other similar tactics
to mislead another's potential customers.
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UMBRELLA
C. With respect to Coverage C:
Newly Acquired, Controlled Or Formed
Entities
"Crisis management service expenses" arising out
of a"crisis management event" that involves any
organization you newly acquire or form and that
occurred prior to the date you acquired or formed
that organization, even if an "executive officer"
only first becomes aware of an "event" or
"occurrence" that leads to such "crisis
management event" after the date you acquired or
formed such organization.
SECTION V — CONDITIONS
A. APPEALS
4. Notice of cancellation will state the effective
date of cancellation. The policy period will end
on that date.
5. If this insurance is cancelled, we will send
such first Named Insured any premium refund
due. If we cancel, the refund will be pro rata. If
such first Named Insured cancels, the refund
may be less than pro rata. The cancellation
will be effective even if we have not made or
offered a refund.
6. If notice is mailed, proof of mailing will be
sufficient proof of notice.
D. CHANGES
This policy contains all the agreements between
you and us concerning the insurance afforded. No
change can be made in the terms of this
insurance except with our consent. The terms of
this insurance can be amended or waived only by
endorsement issued by us and made a part of this
policy.
CURRENCY
Payments for damages or expenses described in
Paragraph 5. of Paragraph D., DEFENSE AND
SUPPLEMENTARY PAYMENTS, of SECTION I
— COVERAGES will be in the currency of the
United States of America. At our sole option, we
may make these payments in a different currency.
Any necessary currency conversion for such
payments will be calculated based on the rate of
exchange published in the Wall Street Journal
immediately preceeding the date the payment is
processed.
1. If the insured or the insured's "underlying
insurer" elects not to appeal a judgment which
exceeds the "applicable underlying limit" or
"self-insured retention", we may do so.
2. If we appeal such a judgment, we will pay all
costs of the appeal. These payments will not E
reduce the applicable limits of insurance. In
no event will our liability exceed the applicable
limit of insurance.
B. BANKRUPTCY
1. Bankruptcy or insolvency of the insured or of
the insured's estate will not relieve us of our
obligations under this insurance.
2. In the event of bankruptcy or insolvency of
any "underlying insurer", this insurance will
not replace such bankrupt or insolvent
"underlying insurer's" policy, and this
insurance will apply as if such "underlying
insurer" had not become bankrupt or
insolvent.
C. CANCELLATION
1. The first Named Insured shown in the
Declarations may cancel this insurance by
mailing or delivering to us advance written
notice of cancellation.
2. We may cancel this insurance by mailing or
delivering to such first Named Insured written
notice of cancellation at least:
a. 10 days before the effective date of
cancellation if we cancel for nonpayment
of premium; or
1. You must see to it that we are notified as
soon as practicable of an "event" or
"occurrence" which may result in a claim
under this insurance. To the extent possible,
notice should include:
a. How, when and where the "event" or
"occurrence" took place;
b. The names and addresses of any
persons or organizations sustaining injury,
damage or loss, and the names and
addresses of any witnesses; and
c. The nature and location of any injury or
damage arising out of the "event" or
"occurrence".
b. 60 days before the effective date of 2, If a claim is made or "suit" is brought against
cancellation if we cancel for any other
reason. any insured which may result in a claim under
this insurance, you must see to it that we
3. We will mail or deliver our notice to such first receive written notice of the claim or "suit" as
Named Insured's last mailing address known soon as practicable.
to us.
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F. DUTIES REGARDING AN EVENT,
OCCURRENCE, CLAIM OR SUIT
UMBRELLA
3. With respect to Coverage A, the insured
must:
G. DUTIES REGARDING A CRISIS MANAGEMENT
EVENT
a. Cooperate with us in the investigation,
settlement or defense of any claim or
"suit";
b. Comply with the terms of the "underlying
insurance"; and
c. Pursue all rights of contribution or
indemnity against any person or
organization who may be liable to the
insured because of the injury, damage or
loss for which insurance is provided under
this policy or any policy of "underlying
insurance".
4. With respect to Coverage B, the insured
must:
a. Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
claim or "suit";
b. Authorize us to obtain necessary records
and other information;
c. Cooperate with us in the investigation,
settlement or defense of any claim or
"suiY'; and
d. 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 injury or
damage to which Coverage B may apply.
5. No insured will, except at that insured's own
expense, voluntarily make a payment,
assume any obligation, make any admission
or incur any expense, other than for first aid
for "bodily injury" covered by this insurance,
without our consent.
6. Knowledge of an "evenY', "occurrence", claim
or "suit" by your agent, servant or "employee"
will not constitute knowledge by you, unless
your insurance or risk manager, or anyone
working in the capacity as your insurance or
risk manager, or anyone you designate with
the responsibility of reporting an "event",
"occurrence", claim or "suit":
a. Has received notice of such "event",
"occurrence", claim or "suit" from such
agent, servant or "employee"; or
b. Otherwise has knowledge of such "event",
"occurrence", claim or "suit".
You must:
1. Notify us within 30 days of a"crisis
management event" that may result in "crisis
management service expenses".
2. Provide written notice of the "crisis
management event" as soon as practicable.
To the extent possible, notice should include:
a. How, when and where that "crisis
management event" took place;
b. The names and addresses of any
persons or organizations sustaining injury,
damage or loss, and the named and
addresses of any witnesses;
c. The nature and location of any injury or
damage arising out of that "crisis
management event"; and
d. The reason that "crisis management
event" is likely to involve damages
covered by this insurance in excess of the
"applicable underlying limit" or "self-
insured retention" and involve regional or
national media coverage.
H. EXAMINATION OF YOUR BOOKS AND
RECORDS
We may examine and audit your books and
records as they relate to this insurance:
1. At any time during the policy period;
2. Up to three years after the end of the policy
period; and
3. Within one year after final settlement of all
claims under this insurance.
I. EXTENDED REPORTING PERIOD OPTION
1. When the "underlying insurance" applies on a
claims-made basis, any automatic or basic
"extended reporting period" in such
"underlying insurance" will apply to this
insurance.
2. When the "underlying insurance" applies on a
claims-made basis and you elect to purchase
an optional or supplemental "extended
reporting period" in such "underlying
insurance," that "extended reporting period"
will apply to this insurance only if:
a. A written request to purchase an
Extended Reporting Period endorsement
for this insurance is made by you and
received by us within 90 days after the
end of the policy period;
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b. You have paid all premiums due for this
policy at the time you make such request;
c. You promptly pay the additional premium
we charge for the Extended Reporting
Period endorsement for this insurance
when due. We will determine that
additional premium after we have
received your request for the Extended
Reporting Period endorsement for this
insurance. That additional premium is not
subject to any limitation stated in the
"underlying insurance" on the amount or
percentage of additional premium that
may be charged for the "extended
reporting period" in such "underlying
insurance"; and
d. That Extended Reporting Period
endorsement is issued by us and made a
part of this policy.
3. Any Extended Reporting Period endorsement
for this insurance will not reinstate or increase
the Limits of Insurance or extend the policy
period.
4. Except with respect to any provisions to the
contrary contained in Paragraphs 1., 2. or 3.
above, all provisions of any option to
purchase an "extended reporting period"
granted to you in the "underlying insurance"
apply to this insurance.
J. INSPECTIONS AND SURVEYS
1. We have the right but are not obligated to:
a. Make inspections and surveys at any
time;
b. To sue us on this insurance unless all of
its terms have been fully complied with.
2. A person or organization may sue us to
recover on an agreed settlement or on a final
judgment against an insured. We will not be
liable for damages that:
a. Are not payable under the terms of this
insurance; or
b. 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.
L. MAINTENANCE OF UNDERLYING INSURANCE
1. The insurance afforded by each policy of
"underlying insurance" will be maintained for
the full policy period of this Excess Follow-
Form And Umbrella Liability Insurance. This
provision does not apply to the reduction or
exhaustion of the aggregate limit or limits of
such "underlying insurance" solely by
payments as permitted in Paragraphs 4.a.(1),
(2) and (3) of COVERAGE A— EXCESS
FOLLOW-FORM LIABILITY of SECTION I—
COVERAGES. As such policies expire, you
will renew them at limits and with coverage at
least equal to the expiring limits of insurance.
If you fail to comply with the above
requirements, Coverage A is not invalidated.
However, in the event of a loss, we will pay
only to the extent that we would have paid had
you complied with the above requirements.
b. Give you reports on the conditions we
find; and
c. Recommend changes.
2. Any inspections, surveys, reports or
recommendations relate only to insurability
and the premiums to be charged. We do not
make safety inspections. We do not
undertake to perForm the duty of any person
or organization to provide for the health or
safety of workers or the public. We do not
warrant that conditions:
a. Are safe or healthful; or
b. Comply with laws, regulations, codes or
standards.
K. LEGAL ACTION AGAINST US
1. No person or organization has a right under
this insurance:
2. The first Named Insured shown in the
Declarations must give us written notice of
any change in the "underlying insurance" as
respects:
a. Coverage;
b. Limits of insurance;
c. Termination of any coverage; or
d. Exhaustion of aggregate limits.
3. If you are unable to recover from any
"underlying insurer" because you fail to
comply with any term or condition of the
"underlying insurance", Coverage A is not
invalidated. However, we will pay for any loss
only to the extent that we would have paid had
you complied with that term or condition in
that "underlying insurance".
M. OTHER INSURANCE
a. To join us as a party or otherwise bring us This insurance is excess over any valid and
into a"suit" asking for damages from an collectible "other insurance" whether such "other
insured; or insurance" is stated to be primary, contributing,
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excess, contingent or otherwise. This provision
does not apply to a policy bought specifically to
apply as excess of this insurance.
However, if you specifically agree in a written
contract or agreement that the insurance provided
to any person or organization that qualifies as an
insured under this insurance must apply on a
primary basis, or a primary and non-contributory
basis, then insurance provided under Coverage A
is subject to the following provisions:
1. This insurance will apply before any "other
insurance" that is available to such additional
insured which covers that person or
organization as a named insured, and we will
not share with that "other insurance", provided
that the injury or damage for which coverage
is sought is caused by an "evenY' that takes
place or is committed subsequent to the
signing of that contract or agreement by you.
2. This insurance is still excess over any valid
and collectible "other insurance", whether Q•
primary, excess, contingent or otherwise,
which covers that person or organization as
an additional insured or as any other insured
that does not qualify as a named insured.
N. PREMIUM
1. The first Named Insured shown in the
Declarations is responsible for the payment of
all premiums and will be the payee for any
return premiums.
P. PROHIBITED COVERAGE — UNLICENSED
INSURANCE
1. With respect to loss sustained by any insured
in a country or jurisdiction in which we are not
licensed to provide this insurance, this
insurance does not apply to the extent that
insuring such loss would violate the laws or
regulations of such country or jurisdiction.
2. We do not assume responsibility for:
a. The payment of any fine, fee, penalty or
other charge that may be imposed on any
person or organization in any country or
jurisdiction because we are not licensed
to provide insurance in such country or
jurisdiction; or
b. The furnishing of certificates or other
evidence of insurance in any country or
jurisdiction in which we are not licensed to
provide insurance.
PROHIBITED COVERAGE — TRADE OR
ECONOMIC SANCTIONS
We will provide coverage for any loss, or
otherwise will provide any benefit, only to the
extent that providing such coverage or benefit
does not expose us or any of our affiliated or
parent companies to:
1. Any trade or economic sanction under any law
or regulation of the United States of America;
or
2. If the premium is a flat charge, it is not subject 2• Any other applicable trade or economic
to adjustment except as provided in sanction, prohibition or restriction.
Paragraph 4. below. R. REPRESENTATIONS
3. If the premium is other than a flat charge, it is
an advance premium only. The earned
premium will be computed at the end of the
policy period, or at the end of each year of the
policy period if the policy period is two years
or longer, at the rate shown in the
Declarations, subject to the Minimum
Premium.
4. Additional premium may become payable
when coverage is provided for additional
insureds under the provisions of SECTION II
— WHO IS AN INSURED.
O. PREMIUM AUDIT
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned in
this policy to the first Named Insured shown in the
Declarations, this insurance applies:
The premium for this policy is the amount stated �, As if each Named Insured were the only
in Item 5. of the Declarations. The premium is a Named Insured; and
flat charge unless it is specified in the
Declarations as adjustable. 2. Separately to each insured against whom
claim is made or "suit" is brought.
EU 00 01 07 16 O 2016 The Travelers Indemnity Company. All rights reserved. Pdg2 15 Of 22
By accepting this insurance, you agree:
1. The statements in the Declarations and any
subsequent notice relating to "underlying
insurance" are accurate and complete;
2. Those statements are based upon
representations you made to us; and
3. We have issued this insurance in reliance upon
your representations.
S. SEPARATION OF INSUREDS
UMBRELLA
T. WAIVER OR TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US
1. If the insured has rights to recover all or part
of any payment we have made under this
insurance, those rights are transferred to us
and 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, and with respect to Coverage A, the
"underlying insurer", enforce them.
If the insured has agreed in a contract or
agreement to waive that insured's right of
recovery against any person or organization,
we waive our right of recovery against that
person or organization, but only for payments
we make because of an "event" that takes
place or is committed subsequent to the
execution of that contract or agreement by
such insured.
2. Reimbursement of any amount recovered will
be made in the following order:
a. First, to any person or organization
(including us or the insured) who has paid
any amount in excess of the applicable
limit of insurance;
b. Next, to us; and
c. Then, to any person or organization
(including the insured and with respect to
Coverage A, the "underlying insurer") that
is entitled to claim the remainder, if any.
3. Expenses incurred in the process of recovery
will be divided among all persons or
organizations receiving amounts recovered
according to the ratio of their respective
recoveries.
U. TRANSFER OF YOUR RIGHTS AND DUTIES
UNDER THIS INSURANCE
1. Your rights and duties under this insurance
may not be transferred without our written
consent except in the case of death of an
individual Named Insured.
2. If you die, your rights and duties will be
transferred to your legal representative 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 duties but only with
respect to that property.
V. UNINTENTIONAL OMISSION OR ERROR
The unintentional omission of, or unintentional
error in, any information provided by you which we
relied upon in issuing this policy will not prejudice
your rights under this insurance. However, this
provision does not affect our right to collect
additional premium or to exercise our rights of
cancellation or nonrenewal in accordance with
applicable insurance laws or regulations.
W. WHEN LOSS IS PAYABLE
If we are liable under this insurance, we will pay
for injury, damage or loss after:
1. The insured's liability is established by:
a. A court decision; or
b. A written agreement between the
claimant, the insured, any "underlying
insurer" and us; and
2. The amount of the "applicable underlying
limit" or "self-insured retention" is paid by or
on behalf of the insured.
SECTION VI — DEFINITIONS
A. With respect to all coverages of this insurance:
1. "Applicable underlying limit" means the sum of:
a. The applicable limit of insurance stated
for the policies of "underlying insurance"
in the Schedule Of Underlying Insurance
subject to the provisions in Paragraphs
4.a.(1), (2) and (3) of COVERAGE A—
EXCESS FOLLOW-FORM LIABILITY of
SECTION I — COVERAGES; and
b. The applicable limit of insurance of any
"other insurance" that applies.
The limits of insurance in any policy of
"underlying insurance" will apply even if:
a. The "underlying insurer" claims the
insured failed to comply with any term or
condition of the policy; or
b. The "underlying insurer" becomes
bankrupt or insolvent.
2. "Auto hazard" means all "bodily injury" and
"property damage" to which liability insurance
afforded under an auto policy of "underlying
insurance" would apply but for the exhaustion
of its applicable limits of insurance.
3. "Electronic data" means information, facts or
programs stored as or on, created or used on,
or transmitted to or from computer software
(including systems and applications software),
hard or floppy disks, CD-ROMs, tapes, drives,
cells, data processing devices or any other
media which are used with electronically
controlled equipment.
4. "Event" means an "occurrence", offense,
accident, act, error, omission, wrongful act or
loss.
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5. "Extended reporting period" means any period
of time, starting with the end of the policy
period of your claims-made insurance, during
which claims or "suits" may be first made,
brought or reported for that insurance.
6. "Medical expenses" means expenses to
which any Medical Payments section of any
policy of Commercial General Liability
"underlying insurance" applies.
7. "Other insurance" means insurance, or the
funding of losses, that is provided by, through
or on behalf of:
a. Another insurance company;
b. Us or any of our affiliated insurance
companies;
c. Any risk retention group;
d. Any self-insurance method or program, in
which case the insured will be deemed to
be the provider of such insurance; or
e. Any similar risk transfer or risk
management method.
"Other insurance" does not include:
Work that may need service,
maintenance, 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, unless
the injury or damage arises out of a
condition in or on a vehicle not owned
or operated by you, and that condition
was created by the "loading or
unloading" of that vehicle by any
insured;
(2) The existence of tools, uninstalled
equipment or abandoned or unused
materials; or
(3) Products or operations for which the
classification listed in a policy of
Commercial General Liability
"underlying insurance" states that
products-completed operations are
subject to the General Aggregate
Limit.
a. Any "underlying insurance"; or
b. Any policy of insurance specifically
purchased to be excess of the limits of
insurance of this policy shown in the
Declarations.
8. "Products-completed operations hazard":
a. Includes all "bodily injury" and "property
damage" occurring away from premises
you own or rent and arising out of "your
product" or "your work" except:
(1) Products that are still in your physical
possession; or
(2) Work that has not yet been
completed or abandoned. However,
"your work" will be deemed completed
at the earliest of the following times:
(a) When all the work called for in
your contract has been
completed;
(b) When all the work to be done at
the job site has been completed if
your contract calls for work at
more than one job site; or
(c) When that part of the work done
at a job site has been put to its
intended use by any person or
organization other than another
contractor or subcontractor
working on the same project.
9. "Suit" means a civil proceeding which alleges
damages. "SuiY' includes:
a. An arbitration proceeding in which
damages are claimed and to which the
insured must submit or does submit with
our consent; or
b. Any other alternative dispute resolution
proceeding to which the insured submits
with our consent.
10. "Underlying insurance":
a. Means the policy or policies of insurance
listed in the Schedule Of Underlying
Insurance.
b. Includes any renewal or replacement of
such policies if such renewal or
replacement is during the policy period of
this Excess Follow-Form And Umbrella
Liability Insurance.
c. Does not include any part of the policy
period of any of the policies described in
Paragraphs a. or b. above that began
before, or that continues after, the policy
period of this Excess Follow-Form And
Umbrella Liability Insurance.
11. "Underlying insurer" means any insurer which
provides a policy of insurance listed in the
Schedule Of Underlying Insurance.
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B. With respect to Coverage B and, to the extent that
the following terms are not defined in the
"underlying insurance", to Coverage A:
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. For the
purposes of this definition:
a. Notices that are published include
material placed on the Internet or on
similar electronic means of
communication; and
b. Regarding web sites, only that part of a
web site that is about your goods,
products or services for the purposes of
attracting customers or supporters is
considered an advertisement.
2. "Advertising injury":
a. Means injury, other than "personal injury",
caused by one or more of the following
offenses:
(1) Oral or written publication, including
publication by electronic means, of
material in your "advertisement" that
slanders or libels a person or
organization or disparages a person's
or organization's goods, products or
services, provided that the claim is
made or the "suit" is brought by a
person or organization that claims to
have been slandered or libeled, or
that claims to have had its goods,
products or services disparaged;
(2) Oral or written publication, including
publication by electronic means, of
material in your "advertisement" that:
(a) Appropriates a person's name,
voice, photograph or likeness; or
(b) Unreasonably places a person in
a false light; or
(3) Infringement of copyright, "title" or
"slogan" in your "advertisement",
provided that the claim is made or the
"suit" is brought by a person or
organization that claims ownership of
such copyright, "title" or "slogan".
b. Includes "bodily injury" caused by one or
more of the offenses described in
Paragraph a. above.
3. "Auto" means:
a. A land motor vehicle, trailer or semitrailer
designed for travel on public roads,
including any attached machinery or
equipment; or
b. Any other land vehicle that is subject to a
compulsory or financial responsibility law
or other motor vehicle insurance law
where it is licensed or principally garaged.
However, "auto" does not include "mobile
equipment".
4. "Bodily injury" means:
a. Physical harm, including sickness or
disease, sustained by a person; or
b. Mental anguish, injury or illness, or
emotional distress, resulting at any time
from such physical harm, sickness or
disease.
5. "Broadcasting" means transmitting any audio
or visual material for any purpose:
a. By radio or television; or
b. In, by or with any other electronic means
of communication, such as the Internet, if
that material is part of:
(1) Radio or television programming
being transmitted;
(2) Other entertainment, educational,
instructional, music or news
programming being transmitted; or
(3) Advertising transmitted with any such
programming.
6. "Consumer financial identity information"
means any of the following information for a
person that is used or collected for the
purpose of serving as a factor in establishing
such person's eligibility for personal credit,
insurance or employment or for the purpose
of conducting a business transaction:
a. Part or all of the account number, the
expiration date or the balance of any
credit, debit, bank or other financial
account;
b. Information bearing on a person's credit
worthiness, credit standing or credit
capacity;
c. Social security number;
d. Driver's license number; or
e. Birth date.
7. "Consumer financial protection law" means:
a. The Fair Credit Reporting Act (FCRA) and
any of its amendments, including the Fair
and Accurate Credit Transactions Act
(FACTA);
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b. California's Song-Beverly Credit Card Act
and any of its amendments; or
c. Any other law or regulation that restricts
or prohibits the collection, dissemination,
transmission, distribution or use of
"consumer financial identity information".
8. "Employee" includes a "leased worker".
"Employee" does not include a "temporary
worker".
9. "Good Samaritan services" means any
emergency medical services for which no
compensation is demanded or received.
10. "Impaired property" means tangible property,
other than "your producY' or "your work", that
cannot be used or is less useful because:
a. It incorporates "your producY' or "your
work" that is known or thought to be
defective, deficient, inadequate or
dangerous; or
b. You have failed to fulfill the terms of a
contract or agreement;
if such property can be restored to use by the
repair, replacement, adjustment or removal of
"your product" or "your work" or your fulfilling
the terms of the contract or agreement.
11. "Leased worker" means a person leased to
you by a labor leasing firm under an
agreement between you and the labor leasing
firm, to perForm duties related to the conduct
of your business. "Leased worker" does not
include a "temporary worker".
12. "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".
13. "Mobile equipment" means any of the following
types of land vehicles, including any attached
machinery or equipment:
a. Bulldozers, farm machinery, forklifts and
other vehicles designed for use principally
off public roads.
b. 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,
diggers or drills; or
(2) Road construction or resurfacing
equipment such as graders, scrapers
or rollers.
e. Vehicles not described in Paragraph a., b.,
c. or d. above that are not self-propelled
and are maintained primarily to provide
mobility to permanently attached
equipment of the following types:
(1) Air compressors, pumps and
generators, including spraying,
welding, building cleaning, geophysical
exploration, lighting and well servicing
equipment; or
(2) Cherry pickers and similar devices
used to raise or lower workers.
f. Vehicles not described in Paragraph 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 attached
equipment are not "mobile equipment" but
will be considered "autos":
(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not
construction or resurfacing; or
(c) Street cleaning;
(2) Cherry pickers and similar devices
mounted on automobile or truck
chassis and used to raise or lower
workers; and
(3) Air compressors, pumps and
generators, including spraying,
welding, building cleaning, geophysical
exploration, lighting and well servicing
equipment.
However, "mobile equipment" does not include
any land vehicle that is subject to a compulsory
or financial responsibility law, or other motor
vehicle insurance law, where it is licensed or
principally garaged. Such land vehicles are
considered "autos".
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UMBRELLA
14. "Occurrence" means:
a. With respect to "bodily injury" or "property
damage":
b.
15
16.
c
(1) An accident, including continuous or
repeated exposure to substantially the
same general harmful conditions,
which results in "bodily injury" or
"property damage". All "bodily injury"
or "property damage" caused by such
exposure to substantially the same
general harmful conditions will be
deemed to be caused by one
"occurrence"; or
(2) An act or omission committed in
providing or failing to provide first aid
or "Good Samaritan services" to a
person by any of your "employees" or
"volunteer workers" other than an
employed or volunteer doctor, unless
you are in the business or occupation
of providing professional health care
services;
With respect to "personal injury", an
offense arising out of your business that
results in "personal injury". All "personal
injury" caused by the same or related
injurious material, act or offense will be
deemed to be caused by one
"occurrence", regardless of the frequency
or repetition thereof, the number and kind
of inedia used or the number of persons
or organizations making claims or
bringing "suits"; and
With respect to "advertising injury", an
offense committed in the course of
advertising your goods, products and
services that results in "advertising injury".
All "advertising injury" caused by the
same or related injurious material, act or
offense will be deemed to be caused by
one "occurrence", regardless of the
frequency or repetition thereof, the
number and kind of inedia used or the
number of persons or organizations
making claims or bringing "suits".
"OfFicer" means a person holding any of the
officer positions created by your charter,
constitution, bylaws or any other similar
governing document.
"Personal injury":
a. Means injury, other than "advertising
injury", caused by one or more of the
following offenses:
(3) The wrongful eviction from, wrongful
entry into, or invasion of the right of
private occupancy of a room, dwelling
or premises that a person occupies,
provided that the wrongful eviction,
wrongful entry or invasion of the right
of private occupancy is committed by
or on behalf of the owner, landlord or
lessor of that room, dwelling or
premises;
(4) Oral or written publication, including
publication by electronic means, of
material that slanders or libels a
person or organization or disparages
a person's or organization's goods,
products or services, provided that
the claim is made or the "suit" is
brought by a person or organization
that claims to have been slandered or
libeled, or that claims to have had its
goods, products or services
disparaged; or
(5) Oral or written publication, including
publication by electronic means, of
material that:
(a) Appropriates a person's name,
voice, photograph or likeness; or
(b) Unreasonably places a person in
a false light.
b. Includes "bodily injury" caused by one or
more of the offenses described in
Paragraph a. above.
17. "Pollutants" mean any solid, liquid, gaseous or
thermal irritant or contaminant, including
smoke, vapor, soot, fumes, acids, alkalis,
chemicals and waste. Waste includes
materials to be recycled, reconditioned or
reclaimed.
18. "Property damage" means:
a. Physical injury to tangible property,
including all resulting loss of use of that
property. All such loss of use will be
deemed to occur at the time of the
physical injury that caused it; or
b. Loss of use of tangible property that is not
physically injured. All such loss of use will
be deemed to occur at the time of the
"occurrence" that caused it.
For the purposes of this insurance,
"electronic data" is not tangible property.
19. "Self-insured retention" is the greater of:
(1) False arrest, detention or a. The amount shown in the Declarations
imprisonment; which the insured must first pay under
(2) Malicious prosecution; Coverage B for damages because of all
Page 20 of 22 O 2016 The Travelers Indemnity Company. All rights reserved. EU 00 O1 07 16
UMBRELLA
"bodily injury", "property damage",
"personal injury" or "advertising injury"
arising out of any one "occurrence"; or
b. The applicable limit of insurance of any
"other insurance" that applies.
20. "Slogan":
a. Means a phrase that others use for the
purpose of attracting attention in their
advertising.
b. Does not include a phrase used as, or in,
the name of:
(1) Any person or organization other than
you; or
(2) Any business, or any of the premises,
goods, products, services or work, of
any person or organization other than
you.
21. "Temporary worker" means a person who is
furnished to you to substitute for a permanent
"employee" on leave or to meet seasonal or
short-term workload conditions.
22. "Title" means the name of a literary or artistic
work.
b. Includes:
(1) Warranties or representations made
at any time with respect to the fitness,
quality, durability, perFormance or use
of "your product"; and
(2) The providing of or failure to provide
warnings or instructions.
c. Does not include vending machines or
other property rented to or located for the
use of others but not sold.
26. "Your work":
a. Means:
(1) Work or operations performed by you
or on your behalf; and
(2) Materials, parts or equipment
furnished in connection with such
work or operations.
b. Includes:
(1) Warranties or representations made
at any time with respect to the fitness,
quality, durability, performance or use
of "your work"; and
(2) The providing of or failure to provide
warnings or instructions.
23. "Unsolicited communication" means any
communication, in any form, that the recipient
of such communication did not specifically
request to receive.
24. "Volunteer worker" means a person who is
not your "employee", and who donates his or
her work and acts at the direction of and
within the scope of duties determined by you,
and is not paid a fee, salary or other
compensation by you or anyone else for their
work perFormed by you.
25. "Your product":
a. Means:
(1) Any goods or products, other than
real property, manufactured, sold,
handled, distributed or disposed of by:
(a) You;
(b) Others trading under your name;
or
(c) A person or organization whose
business or assets you have
acquired; and
(2) Containers (other than vehicles),
materials, parts or equipment
furnished in connection with such
goods or products.
C. With respect to Coverage C:
1. "Crisis management advisor" means any
public relations firm or crisis management
firm approved by us that is hired by you to
perform "crisis management services" in
connection with a"crisis management event".
2. "Crisis management event" means an "event"
or "occurrence" that your "executive officer"
reasonably determines has resulted, or may
result, in:
a. Damages covered by this Coverage A or
Coverage B that are in excess of the total
applicable limits of the "underlying
insurance" or "self-insured retention"; and
b. Significant adverse regional or national
media coverage.
3. "Crisis management service expenses"
means amounts incurred by you, after a
"crisis management event" first commences
and before such event ends:
a. For the reasonable and necessary:
(1) Fees and expenses of a"crisis
management advisor" in the
performance for you of "crisis
management services" solely for a
"crisis management event"; and
EU 00 01 07 16 O 2016 The Travelers Indemnity Company. All rights reserved. Pdg2 21 Of ZZ
UMBRELLA
(2) Costs for printing, advertising, mailing
of materials or travel by your
directors, officers, employees or
agents or a "crisis management
advisor" solely for a "crisis
management event"; and
b. For the following expenses resulting from
such "crisis management event", provided
that such expenses have been approved
by us:
(1) Medical expenses;
(2) Funeral expenses;
(3) Psychological counseling;
(4) Travel expenses;
(5) Temporary living expenses;
(6) Expenses to secure the scene of a
"crisis management evenY'; or
(7) Any other expenses pre-approved by
us.
4. "Crisis management services" means those
services performed by a"crisis management
advisor" in advising you or minimizing
potential harm to you from a "crisis
management event" by maintaining or
restoring public confidence in you.
5. "Executive officer" means your:
a. Chief Executive Officer;
b. Chief Operating Officer;
c. Chief Financial Officer;
d. President;
e. General Counsel;
f. General partner (if you are a partnership); or
g. Sole proprietor (if you are a sole
proprietorship);
or any person acting in the same capacity as
any individual listed above.
Page 22 of 22 O 2016 The Travelers Indemnity Company. All rights reserved. EU �0 O1 07 16
POLICY NUMBER:DT-CO-5E555217-COF-19 ISSUE DATE: 07-11-19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EARLIER NOTICE OF CANCELLATION/NONRENEWAL
PROVIDED BY US
This endorsement modifies insurance provided under the following:
ALL COVERAGE PARTS INCLUDED IN THIS POLICY
SCHEDULE
CANCELLATION: Number of Days Notice: 60
WHEN WE DO NOT RENEW (Nonrenewal):
PROVISIONS:
A. For any statutorily permitted reason other than
nonpayment of premium, the number of days re-
quired for notice of cancellation, as provided in
the CONDITIONS Section of this insurance, or as
amended by any applicable state cancellation
endorsement applicable to this insurance, is in-
creased to the number of days shown in the
SCHEDULE above.
Number of days Notice: 60
B. For any statutorily permitted reason other than
nonpayment of premium, the number of days re-
quired for notice of When We Do Not Renew
(Nonrenewal), as provided in the CONDITIONS
Section of this insurance, or as amended by any
applicable state When We Do Not Renew
(Nonrenewal) endorsement applicable to this in-
surance, is increased to the number of days
shown in the SCHEDULE above.
IL T3 20 09 97 Copyright, The Travelers Indemnity Company, 1997 Page 1 of 1
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: DT-CO-5E555217-COF-19
ISSUE DATE: 07-11-19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
DESIGNATED PROJECT(S)
GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Project(s):
EACH "PROJECT" FOR WHICH YOU HAVE AGREED, IN
A WRITTEN CONTRACT WHICH IS IN EFFECT DURING
THIS POLICY PERIOD, TO PROVIDE A SEPARATE
GENERAL AGGREGATE LIMIT; PROVIDED THAT THE
CONTRACT IS SIGNED BY YOU
BEFORE THE "BODILY INJURY" OR "PROPERTY
DAMAGE" OCCURS.
A. For all sums which the insured becomes legally
obligated to pay as damages caused by "occur-
rences" under COVERAGE A. (SECTION I), and
for all medical expenses caused by accidents un-
der COVERAGE C(SECTION I), which can be
attributed only to operations at a single desig-
nated "projecY' shown in the Schedule above:
1. A separate Designated Project General Ag-
gregate Limit applies to each designated "pro-
ject", and that limit is equal to the amount of
the General Aggregate Limit shown in the
Declarations, unless separate Designated
Project General Aggregate(s) are sched-
uled above.
2. The Designated Project General Aggregate
Limit is the most we will pay for the sum of all
damages under COVERAGE A., except
damages because of "bodily injury" or "prop-
erty damage" included in the "products-
completed operations hazard", and for medi-
cal expenses under COVERAGE C, regard-
less of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims
or bringing "suits".
Designated Project
General Aggregate(s):
GENERAL AGGREGATE
LIMIT SHOWN ON
DECLARATIONS
3. Any payments made under COVERAGE A.
for damages or under COVERAGE C. for
medical expenses shall reduce the Desig-
nated Project General Aggregate Limit for
that designated "projecY'. Such payments
shall not reduce the General Aggregate Limit
shown in the Declarations nor shall they re-
duce any other Designated Project General
Aggregate Limit for any other designated
"project" shown in the Schedule above.
4. The limits shown in the Declarations for EaCh
Occurrence, Damage To Premises Rented
To You and Medical Expense continue to
apply. However, instead of being subject to
the General Aggregate Limit shown in the
Declarations, such limits will be subject to the
applicable Designated Project General Ag-
gregate Limit.
B. For all sums which the insured becomes legally
obligated to pay as damages caused by "occur-
rences" under COVERAGE A. (SECTION I), and
for all medical expenses caused by accidents un-
der COVERAGE C. (SECTION I), which cannot
be attributed only to operations at a single desig-
nated "projecY' shown in the Schedule above:
CG D2 11 01 04 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 2
COMMERCIAL GENERAL LIABILITY
1. Any payments made under COVERAGE A.
for damages or under COVERAGE C. for
medical expenses shall reduce the amount
available under the General Aggregate Limit
or the Products-Completed Operations Ag-
gregate Limit, whichever is applicable; and
2. Such payments shall not reduce any Desig-
nated Project General Aggregate Limit.
C. Part 2. of SECTION III — LIMITS OF INSURANCE
is deleted and replaced by the following:
2. The General Aggregate Limit is the most we
will pay for the sum of:
a. Damages under Coverage B; and
b. Damages from "occurrences" under
COVERAGE A(SECTION I) and for all
medical expenses caused by accidents
under COVERAGE C(SECTION I) which
cannot be attributed only to operations at
a single designated "project" shown in the
SCHEDULE above.
D. When coverage for liability arising out of the
"products-completed operations hazard" is pro-
vided, any payments for damages because of
"bodily injury" or "property damage" included in
the "products-completed operations hazard" will
reduce the Products-Completed Operations Ag-
gregate Limit, and not reduce the General Aggre-
gate Limit nor the Designated Project General
Aggregate Limit.
E. For the purposes of this endorsement the Defini-
tions Section is amended by the addition of the
following definition:
"Project" means an area away from premises
owned by or rented to you at which you are per-
forming operations pursuant to a contract or
agreement. For the purposes of deterrnining the
applicable aggregate limit of insurance, each
"projecY' that includes premises involving the
same or connecting lots, or premises whose con-
nection is interrupted only by a street, roadway,
waterway or right-of-way of a railroad shall be
considered a single "projecY'.
F. The provisions of SECTION III — LIMITS OF
INSURANCE not otherwise modified by this en-
dorsement shall continue to apply as stipulated.
Page 2 of 2 Copyright, The Travelers Indemnity Company, 2004 CG D2 11 01 04
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - PRIMARY AND
NON-CONTRIBUTORY WITH OTHER INSURANCE -
CONTRACTORS
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
PROVISIONS
1. The following is added to Paragraph c. in A.1.,
Who Is An Insured, of SECTION II — COVERED
AUTOS LIABILITY COVERAGE:
This includes any person or organization who you
are required under a written contract or
agreement, that is signed by you before the
"bodily injury" or "property damage" occurs and
that is in effect during the policy period, to name
as an additional insured for Covered Autos
Liability Coverage, but only for damages to which
this insurance applies and only to the extent of
that person's or organization's liability for the
conduct of another "insured".
The following is added to Paragraph 6.5., Other
Insurance of SECTION IV — BUSINESS AUTO
CONDITIONS:
Regardless of the provisions of paragraph a. and
paragraph d. of this part 5. Other Insurance, this
insurance is primary to and non-contributory with
applicable other insurance under which an
additional insured person or organization is a
named insured when a written contract or
agreement with you, that is signed by you before
the "bodily injury" or "property damage" occurs
and that is in effect during the policy period,
requires this insurance to be primary and non-
contributory.
CA T4 99 02 16 O 2016 The Travelers Indemnity Company. AII rights reserved. Page 1 Of 1
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
XTEND ENDORSEMENT FOR CONTRACTORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any
injury, damage or medical e�enses described in any of the provisions of this endorsement may be excluded or
limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to
the extent that coverage is excluded or limited by such an endorsement. The following listing is a general
coverage description only. Read all the provisions of this endorsement and the rest af your policy carefully to
determine rights, duties, and what is and is not covered.
A. Who Is An Insured — Unnamed Subsidiaries
B. Blanket Additional Insured — Governmental
Entities — Permits Or Authorizations Relating To
Operations
C. Incidental Medical Malpractice
D. Blanket Wa iver Of Subrogation
E. Contractual Liability — Railroads
F. Damage To Premises Rented To You
PROVISIONS a. An organization other than a partnership, joint
A. WHO IS AN INSURED — UNNAMED venture or limited liability company; or
SUBSIDIARIES b. A trust;
The following is added to SECTION II — WHO IS as indicated in its name or the documents that
AN INSURED: govern its structure.
Any of your subsidiaries, other than a partnership, g, g�,qNKET ADDITIONAL INSURED —
joint venture or limited liability company, that is GOVERNMENTAL ENTITIES — PERMITS OR
not shown as a Named Insured in the AUTHORQATIONS RELATING TO OPERATIONS
Declarations is a Named Insured if:
a. You are the sole owner of, or maintain an
ownership interest of more than 50% in, such
subsidiary on the first day of the policy period;
and
b. Such subsidiary is not an insured under
similar other insurance.
No such subsidiary is an insured fa- "bodily injury'
or "property damage" that occurred, or "personal
and advertising injury" caused by an offense
committed:
a. Before you maintained an ownership interest
of more than 50% in such subsidiary; or
b. After the date, if any, during the policy period
that you no longer maintain an ownership
interest of more than 50% in such subsidiary.
For purposes of Paragraph 1. of Section II — Who
Is An Insured, each such subsidiary will be
deemed to be designated in the Declarations as:
The following is added to SECTION II — WHO IS
AN INSURED:
Any governmental entity that has issued a permit
or authorization with respect to operations
perFormed by you or on your behalf and that you
are required by any ordinance, law, building code
or written contract or agreement to include as an
additional insured on this Coverage Part is an
insured, but only with respect to liability for "bodily
injury", "property damage" or "personal and
advertising injury" arising out of such operations.
The insurance provided to such governmental
entity does not apply to:
a. Any "bodily injury', "property damage" or
"personal and advertising injury" arising out of
operations performed for the governmental
entity; or
b. Any "bodily injur�J" or "property damage"
included in the "products-completed
operations hazard".
CG D3 16 02 19 OO 2017 The Travelers Indemnity Company. All rights reserved. Pag2 1 Of 3
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
COMMERCIAL GENERAL LIABILITY
C. INCIDENTAL MEDICAL MALPRACTICE
1. The following replaces Paragraph b. of the
definition of "occurrence" in the
DEFINITIONS Section:
b. An act or omission committed in providing
or failing to provide "incidental medical
services", first aid or "Good Samaritan
services" to a person, unless you are in
the business or occupation of providing
professional health care services.
2. The following replaces the last paragraph of
Paragraph 2.a.(1) of SECTION II — WHO IS
AN INSURED:
Unless you are in the business or occupation
of providing professional health care services,
Paragraphs (1)(a), (b), (c) and (d) above do
not apply to "bodily injury" arising out of
providing or failing to provide:
(a) "Incidental medical services" by any of
your "employees" who is a nurse, nurse
assistant, emergency medical techniaan
or paramedic; or
(b) First aid or "Good Samaritan services" by
any of your "employees" or "volunteer
workers", other than an employed or
volunteer doctor. Any such "employees"
or "volunteer workers" providing or failing
to provide first aid or "Good Samaritan
services" during their work hours for you
will be deemed to be acting within the
scope of their employment by you or
performing duties related to the conduct
of your business.
3. The following replaces the last sentence of
Paragraph 5. of SECTION III — LIMITS OF
INSURANCE:
For the purposes of determining the
applicable Each Occurrence Limit, all related
acts or omissions committed in providing or
failing to provide "incidental medical
services", first aid or "Good Samaritan
services" to any one person will be deemed to
be one "occurrence".
4. The following exdusion is added to
Paragraph 2., Exclusions, of SECTION I—
COVERAGES — COVERAGE A — BODILY
INJURY AND PROPERTY DAMAGE
LIABILITY:
Sale Of Pharmaceuticals
"Bodily injury' or "property damage" arising
out of the violation of a penal statute or
ordinance relating to the sale of
pharmaceuticals committed by, or with the
knowledge or consent of, the insured.
5. The following is added to the DEFINITIONS
Section:
"Incidental medical services" means:
a. Medical, surgical, dental, laboratory, x-ray
or nursing service or treatment, advice or
instruction, or the related furnishing af
food or beverages; or
b. The furnishing or dispensing of drugs or
medical, dental, or surgical supplies or
appliances.
6. The following is added to Paragraph 4.b.,
Excess Insurance, of SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS:
This insurance is excess over any valid and
collectible other insurance, whether primary,
excess, contingent or on any other basis, that
is available to any of your "employees" for
"bodily injury" that arises out of providing or
failing to provide "incidental medical services"
to any person to the e�ent not subject to
Paragraph 2.a.(1) of Section II — Who Is An
Insured.
D. BLANKET WAIVER OF SUBROGATION
The following is added to Paragraph 8., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS:
If the insured has agreed in a contract or
agreement to waive that insured's right of
recovery against any person or organization, we
waive our right of recovery against such person or
organization, but only for payments we make
because of:
a. "Bodily injury" or "property damage" that
occurs; or
b. "Personal and advertising injury" caused by
an offense that is committed;
subsequent to the execution of the contract or
agreement.
E. CONTRACTUALLIABILITY—RAILROADS
1. The following replaces Paragraph c. of the
definition of "insured contracY' in the
DEFINffIONS Section:
c. Any easement or license agreement;
Page 2 of 3 OO 2017 The Travelers Indemniiy Company. All rights resenied. CG D3 � F) OZ �9
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
COMMERCIAL GENERAL LIABILITY
2. Paragraph f.(1) of the definition of "insured
contract" in the DEFINITIONS Section is
deleted.
F. DAMAGE TO PREMISES RENTED TO YOU
The following replaces the definition of "premises
damage" in the DEFINITIONS Section:
"Premises damage" means "property damage" to:
a. Any premises while rented to you or
temporarily occupied by you with permission
of the owner; or
b. The contents of any premises while such
premises is rented to you, if you rent such
premises for a period of seven or fewer
consecutive days.
CG D3 16 02 19 OO 2017 The Travelers Indemnity Company. All rights reserved. Pag2 3 Of 3
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
POLICY NUMBER: DT-CO-5E555217-COF-19 ISSUE DATE: 07-11-19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED ENTITY - NOTICE OF
CANCELLATION PROVIDED BY US
This endorsement modifies insurance provided under the following:
ALL COVERAGE PARTS INCLUDED IN THIS POLICY
SCHEDULE
CANCELLATION:
PERSON OR
ORGANIZATION:
ANY PERSON OR ORGANIZATION
(CONTINUED ON IL T8 03)
ADDRESS:
(CONTINUED ON IL T8 03)
(CONTINUED ON IL T8 03)
CO
80229
Number of Days Notice of Cancellation: 30
PROVISIONS:
If we cancel this policy for any statutorily permitted
reason other than nonpayment of premium, and a
number of days is shown for cancellation in the
schedule above, we will mail notice of cancellation to
the person or organization shown in the schedule
above. We will mail such notice to the address shown
in the schedule above at least the number of days
shown for cancellation in the schedule above before
the effective date of cancellation.
IL T4 05 03 11 02011 The Travelers Indemnity Company. All rights reserved. Page 1 Of 1
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(Includes Products-Completed Operations If Required By Contract)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PROVISIONS
The following is added to SECTION II — WHO IS AN
INSURED:
Any person or organization that you agree in a
written contract or agreement to include as an
additional insured on this Coverage Part is an
insured, but only:
a.
L�
With respect to liability for "bodily injury" or
"property damage" that occurs, or for "personal
injury' caused by an offense that is committed,
subsequent to the signing of that contract or
agreement and while that part of the contract or
agreement is in effect; and
If, and only to the e�ent that, such injury or
damage is caused by acts or omissions of you or
your subcontractor in the performance of "your
work" to which the written contract or agreement
applies. Such person or organization does not
qualify as an additional insured with respect to
the independent acts or omissions of such
person or organization.
The insurance provided to such additional insured is
subject to the following provisions:
a. If the Limits of Insurance of this Coverage Part
shown in the Declarations exceed the minimum
limits required by the written contract or
agreement, the insurance provided to the
additional insured will be limited to such
minimum required limits. For the purposes of
determining whether this limitation applies, the
minimum limits required by the written contract or
agreement will be considered to include the
minimum limits of any Umbrella or Excess
liability coverage required for the additional
insured by that written contract or agreement.
This provision will not increase the limits of
insurance described in Section III — Limits Of
I nsurance.
(1) Any "bodily injury", "property damage" or
"personal injury" arising out of the providing,
or failure to provide, any professional
architectural, engineering or surveying
services, including:
(a) The preparing, approving, or failing to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders or change orders, or the
preparing, approving, or failing to
prepare or approve, drawings and
specifications; and
(b) Supervisory, inspection, architectural or
engineering activities.
(2) Any "bodily injury' or "property damage"
caused by "your work" and included in the
"products-completed operations hazard"
unless the written contract or agreement
specifically requires you to provide such
coverage for that additional insured during
the policy period.
c. The additional insured must comply with the
following duties:
(1) Give us written notice as soon as practicable
of an "occurrence" or an offense which may
result in a claim. To the extent possible, such
notice should include:
(a) How, when and where the "occurrence"
or offense took place;
(b) The names and addresses of any injured
persons and witnesses; and
(c) The nature and location of any injury or
damage arising out of the "occurrence"
or offense.
b. The insurance provided to such additional (2) If a claim is made or "suit" is brought against
insured does not apply to: the additional insured:
CG D2 46 0419 O 2018 The Travelers Indemnity Company. All rights reserved. Page 1 Of 2
COMMERCIAL GENERAL LIABILITY
(a) Immediately record the specifics of the
claim or "suiY' and the date received; and
(b) Notify us as soon as practicable and see
to it that we receive written notice of the
claim or "suit" as soon as practicable.
(3) Immediately send us copies of all legal
papers received in connection with the claim
or "suit", cooperate with us in the
investigation or settlement of the claim or
defense against the "suiY', and otherwise
comply with all policy conditions.
(4) Tender the defense and indemnity af any
claim or "suiY' to any provider of other
insurance which would cover such additional
insured for a loss we cover. However, this
condition does not affect whether the
insurance provided to such additional
insured is primary to other insurance
available to such additional insured which
covers that person or organization as a
named insured as described in Paragraph 4.,
Other Insurance, of Section IV — Commercial
General Liability Conditions.
Page 2 of 2 O 2018 The Travelers Indemnity Company. All rights reserved. CG DZ 46 O4 'I9
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any
injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or
limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to
the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover-
age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en-
dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A. BROAD FORM NAMED INSURED
B. BLANKET ADDITIONAL INSURED
C. EMPLOYEE HIRED AUTO
D. EMPLOYEES AS INSURED
E. SUPPLEMENTARY PAYMENTS — INCREASED
LIMITS
F. HIRED AUTO — LIMITED WORLDWIDE COV-
ERAGE — INDEMNITY BA515
G. WAIVER OF DEDUCTIBLE — GLASS
H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF
USE — INCREASED LIMIT
I. PHYSICAL DAMAGE — TRANSPORTATION
EXPENSES — INCREASED LIMIT
J. PERSONALPROPERTY
K. AIRBAGS
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
M. BLANKET WAIVER OF SUBROGATION
N. UNINTENTIONAL ERRORS OR OMISSIONS
PROVISIONS
A. BROAD FORM NAMED INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II — COVERED AUTOS
LIABILITY COVERAGE:
Any organization you newly acquire or form dur-
ing the policy period over which you maintain
50% or more ownership interest and that is not
separately insured for Business Auto Coverage.
Coverage under this provision is afforded only un-
til the 180th day after you acquire or form the or-
ganization or the end of the policy period, which-
ever is earlier.
B. BLANKET ADDITIONAL INSURED
The following is added to Paragraph c. in A.1.,
Who Is An Insured, of SECTION II — COVERED
AUTOS LIABILITY COVERAGE:
Any person or organization who is required under
a written contract or agreement between you and
that person or organization, that is signed and
executed by you before the "bodily injury" or
"property damage" occurs and that is in effect
during the policy period, to be named as an addi-
tional insured is an "insured" for Covered Autos
Liability Coverage, but only for damages to which
this insurance applies and only to the extent that
person or organization qualifies as an "insured"
under the Who Is An Insured provision contained
in Section II.
C. EMPLOYEE HIRED AUTO
1. The following is added to Paragraph A.1.,
Who Is An Insured, of SECTION II — COV-
ERED AUTOS LIABILITY COVERAGE:
An "employee" of yours is an "insured" while
operating an "auto" hired or rented under a
contract or agreement in an "employee's"
name, with your permission, while performing
duties related to the conduct of your busi-
ness.
2. The following replaces Paragraph b. in B.S.,
Other Insurance, of SECTION IV — BUSI-
NESS AUTO CONDITIONS:
b. For Hired Auto Physical Damage Cover-
age, the following are deemed to be cov-
ered "autos" you own:
(1) Any covered "auto" you lease, hire,
rent or borrow; and
(2) Any covered "auto" hired or rented by
your "employee" under a contract in
an "employee's" name, with your
CA T3 53 02 15 O 2015 The Travelers Indemnity Company. All rights reserved. Pag2 1 of 4
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL AUTO
permission, while performing duties
related to the conduct of your busi-
ness.
However, any "auto" that is leased, hired,
rented or borrowed with a driver is not a
covered "auto".
D. EMPLOYEES AS INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II — COVERED AUTOS
LIABILITY COVERAGE:
Any "employee" of yours is an "insured" while us-
ing a covered "auto" you don't own, hire or borrow
in your business or your personal affairs.
E. SUPPLEMENTARY PAYMENTS — INCREASED
LIMITS
1. The following replaces Paragraph A.2.a.(2),
of SECTION II — COVERED AUTOS LIABIL-
ITY COVERAGE:
(2) Up to $3,000 for cost of bail bonds (in-
cluding bonds for related traffic law viola-
tions) required because of an "accident"
we cover. We do not have to furnish
these bonds.
The following replaces Paragraph A.2.a.(4),
of SECTION II — COVERED AUTOS LIABIL-
ITY COVERAGE:
(4) All reasonable expenses incurred by the
"insured" at our request, including actual
loss of earnings up to $500 a day be-
cause of time off from work.
F. HIRED AUTO — LIMITED WORLDWIDE COV-
ERAGE — INDEMNITY BASIS
The following replaces Subparagraph (5) in Para-
graph B.7., Policy Period, Coverage Territory,
of SECTION IV — BUSINESS AUTO CONDI-
TIONS:
(5) Anywhere in the world, except any country or
jurisdiction while any trade sanction, em-
bargo, or similar regulation imposed by the
United States of America applies to and pro-
hibits the transaction of business with or
within such country or jurisdiction, for Cov-
ered Autos Liability Coverage for any covered
"auto" that you lease, hire, rent or borrow
without a driver for a period of 30 days or less
and that is not an "auto" you lease, hire, rent
or borrow from any of your "employees",
partners (if you are a partnership), members
(if you are a limited liability company) or
members of their households.
(a) With respect to any claim made or "suiY'
brought outside the United States of
America, the territories and possessions
of the United States of America, Puerto
Rico and Canada:
(i) You must arrange to defend the "in-
sured" against, and investigate or set-
tle any such claim or "suit" and keep
us advised of all proceedings and ac-
tions.
(ii) Neither you nor any other involved
"insured" will make any settlement
without our consent.
(iii) We may, at our discretion, participate
in defending the "insured" against, or
in the settlement of, any claim or
"suit".
(iv) We will reimburse the "insured" for
sums that the "insured" legally must
pay as damages because of "bodily
injury" or "property damage" to which
this insurance applies, that the "in-
sured" pays with our consent, but
only up to the limit described in Para-
graph C., Limits Of Insurance, of
SECTION II — COVERED AUTOS
LIABILITY COVERAGE.
(v) We will reimburse the "insured" for
the reasonable expenses incurred
with our consent for your investiga-
tion of such claims and your defense
of the "insured" against any such
"suit", but only up to and included
within the limit described in Para-
graph C., Limits Of Insurance, of
SECTION II — COVERED AUTOS
LIABILITY COVERAGE, and not in
addition to such limit. Our duty to
make such payments ends when we
have used up the applicable limit of
insurance in payments for damages,
settlements or defense expenses.
(b) This insurance is excess over any valid
and collectible other insurance available
to the "insured" whether primary, excess,
contingent or on any other basis.
(c) This insurance is not a substitute for re-
quired or compulsory insurance in any
country outside the United States, its ter-
ritories and possessions, Puerto Rico and
Canada.
Page 2 of 4 O 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL AUTO
You agree to maintain all required or
compulsory insurance in any such coun-
try up to the minimum limits required by
local law. Your failure to comply with
compulsory insurance requirements will
not invalidate the coverage afforded by
this policy, but we will only be liable to the
same extent we would have been liable
had you complied with the compulsory in-
surance requirements.
(d) It is understood that we are not an admit-
ted or authorized insurer outside the
United States of America, its territories
and possessions, Puerto Rico and Can-
ada. We assume no responsibility for the
furnishing of certificates of insurance, or
for compliance in any way with the laws
of other countries relating to insurance.
G. WAIVER OF DEDUCTIBLE — GLASS
The following is added to Paragraph D., Deducti-
ble, of SECTION III — PHYSICAL DAMAGE
COVERAGE:
No deductible for a covered "auto" will apply to
glass damage if the glass is repaired rather than
replaced.
H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF
USE — INCREASED LIMIT
The following replaces the last sentence of Para-
graph A.4.b., Loss Of Use Expenses, of SEC-
TION III — PHYSICAL DAMAGE COVERAGE:
However, the most we will pay for any expenses
for loss of use is $65 per day, to a maximum of
$750 for any one "accident".
I. PHYSICAL DAMAGE — TRANSPORTATION
EXPENSES — INCREASED LIMIT
The following replaces the first sentence in Para-
graph A.4.a., Transportation Expenses, of
SECTION III — PHYSICAL DAMAGE COVER-
AGE:
We will pay up to $50 per day to a maximum of
$1,500 for temporary transportation expense in-
curred by you because of the total theft of a cov-
ered "auto" of the private passenger type.
J. PERSONAL PROPERTY
The following is added to Paragraph A.4., Cover-
age Extensions, of SECTION III — PHYSICAL
DAMAGE COVERAGE:
Personal Property
We will pay up to $400 for "loss" to wearing ap-
parel and other personal property which is:
(1) Owned by an "insured"; and
(2) In or on your covered "auto".
This coverage applies only in the event of a total
theft of your covered "auto".
No deductibles apply to this Personal Property
coverage.
K. AIRBAGS
The following is added to Paragraph 6.3., Exclu-
sions, of SECTION III — PHYSICAL DAMAGE
COVERAGE:
Exclusion 3.a. does not apply to "loss" to one or
more airbags in a covered "auto" you own that in-
flate due to a cause other than a cause of "loss"
set forth in Paragraphs A.1.b. and A.1.c., but
only:
a. If that "auto" is a covered "auto" for Compre-
hensive Coverage under this policy;
b. The airbags are not covered under any war-
ranty; and
c. The airbags were not intentionally inflated.
We will pay up to a maximum of $1,000 for any
one "loss".
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
The following is added to Paragraph A.2.a., of
SECTION IV — BUSINESS AUTO CONDITIONS:
Your duty to give us or our authorized representa-
tive prompt notice of the "accident" or "loss" ap-
plies only when the "accidenY' or "loss" is known
to:
(a) You (if you are an individual);
(b) A partner (if you are a partnership);
(c) A member (if you are a limited liability com-
pany);
(d) An executive officer, director or insurance
manager (if you are a corporation or other or-
ganization); or
(e) Any "employee" authorized by you to give no-
tice of the "accidenY' or "loss".
M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A.S., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV — BUSINESS AUTO CONDI-
TIONS :
5. Transfer Of Rights Of Recovery Against
Others To Us
We waive any right of recovery we may have
against any person or organization to the ex-
tent required of you by a written contract
signed and executed prior to any "accident"
or "loss", provided that the "accident" or "loss"
arises out of operations contemplated by
CA T3 53 02 15 O 2015 The Travelers Indemnity Company. All rights reserved. Pag2 3 Of 4
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL AUTO
such contract. The waiver applies only to the The unintentional omission of, or unintentional
person or organization designated in such error in, any information given by you shall not
contract. prejudice your rights under this insurance. How-
N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col-
The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of
cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal.
SECTION IV — BUSINESS AUTO CONDITIONS:
Page 4 of 4 O 2015 The Travelers Indemnity Compa ny. All rights reserved . CA T3 53 02 15
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
PINN/I COL
ASSURANCE
ABCO Contracting Inc
2180 E 74th PI
Denver, CO 80229-6634
ENDORSEMENT: Blanket Waiver of Subrogation
NCCI #: WC000313B
Policy #: 4233169
7501 E. Lowry Blvd.
Denver, CO 80230-7006
303.361.4000 / 800.873.7242
Pinnacol.com
Moody Insurance Agency Inc
8055 E. Tufts Ave
Ste 1000
Denver, CO 80237
(303) 824-6600
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 the person or organization named in the Schedule. This agreement applies only to the
extent that 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 Schedule.
SCHEDULE
To any person or organization when agreed to under a written contract or agreement, as defined above
and with the insured, which is in effect and executed prior to any loss.
Effective Date:July 1, 2023 Expires on: July 1, 2024
Pinnacol Assurance has issued this endorsement June 30, 2023
7501 E. Lowry Blvd Denver, CO 80230-7006
Page 1 of 1 P GARCIAAS - Underwriter O6/30/2023 08:51:36 4233169 81780321 359-B