2-Attachment - Supplement Insurance_Branco Machinery.pdf
PDF 2 MB Posted
- Solicitation number
- BPM006894
- Issued by
- Maricopa County, Phoenix City, Arizona
About this file
This is a Certificate of Liability Insurance issued by CWI Insurance on behalf of Branco Machinery Company, Inc., located in Gilbert, Arizona, for the period of January 1, 2025, through January 1, 2026. The certificate documents multiple insurance coverages maintained by the insured, including Commercial General Liability with limits of $1,000,000 per occurrence and $3,000,000 general aggregate, Commercial Automobile Liability with a $1,000,000 combined single limit, and Workers' Compensation coverage. The insurers providing coverage include CopperPoint Indemnity Insurance Company and Selective Insurance Company of America. The certificate confirms that Branco Machinery Company maintains comprehensive insurance protection meeting standard commercial requirements, with coverages in effect for the full policy year.
The insurance document includes extensive endorsements outlining coverage extensions and modifications through the ElitePac Commercial Automobile Extension and ElitePac General Liability Extension Endorsements. Key provisions include blanket additional insured coverage as required by contract, waiver of subrogation rights, coverage for newly acquired or formed organizations, hired auto physical damage coverage, and electronic data liability coverage with a $100,000 sublimit. The policy incorporates numerous amendments to standard exclusions, including modifications to employer's liability exclusions, coverage for non-owned aircraft and watercraft, damage to rented premises coverage, supplementary payments for bail bonds up to $5,000 and loss of earnings up to $1,000 per day, and additional transportation expenses for disabled vehicles. The certificate specifies that coverage is primary and non-contributory for additional insureds when required by written contract, and includes liberalization clauses ensuring automatic coverage improvements without additional premium. All coverages are subject to the specific terms, conditions, exclusions, and deductibles contained within the underlying policies.
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Text version
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
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).
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.
OTHER:
(Per accident)
(Ea accident)
N / A
SUBR
WVD
ADDL
INSD
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.
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED
$PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
5/14/2025
CWI Insurance 2152 South Vineyard, Suite 107 Mesa AZ 85210
Caitlin Coon 480-961-5400 480-961-5401
Caitlin@trycwi.com
CopperPoint Indemnity Ins Co 13928 BRANC-1 Selective Ins. Co. of America 12572
Branco Machinery Company, Inc.
1205 North McQueen Rd Gilbert AZ 85233
437639168
B X 1,000,000 X 500,000
15,000
1,000,000
3,000,000 X
Y Y S 2508771-01 1/1/2025 1/1/2026
3,000,000
B 1,000,000
X Y Y S 2508771-01 1/1/2025 1/1/2026
B X X 3,000,000S 2508771-01 1/1/2025 1/1/2026
3,000,000
A X
N
Y 1023100 1/1/2025 1/1/2026
1,000,000
1,000,000
1,000,000
Verification of Insurance
Proof of Insurance
INSURED'S COPY
CA 78 09 11 17Copyright, 2017 Selective Insurance Company of America. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
S
F
ElitePac
Commercial Automobile Extension
COMMERCIAL AUTO
CA 78 09 11 17
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by the endorsement.
AMENDMENTS TO SECTION II - LIABILITY
COVERAGE
A. If this policy provides Auto Liability coverage for
Owned Autos, the following extensions are applicable accordingly:
NEWLY ACQUIRED OR F ORMED
ORGANIZATIONS
The following is added to SECTION II, A.1. - Who
Is An Insured:
Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no similar insurance available to that organization. However:
1. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier;
2. Coverage does not apply to "bodily injury" or
"property damage" resulting from an "accident" that occurred before you acquired or formed the organization.
No person or organization is an "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.
EXPENSES FOR BAIL BONDS AND LOSS OF
EARNINGS
Paragraphs (2) and (4) of SECTION II, A.2.a. -
Supplementary Payments are deleted in their entirety and replaced with the following:
(2) Up to the Limit of Insurance shown on the
ElitePac Schedule for the cost of bail bonds
(including bonds for related traffic law violations) required because of an "accident" covered under this policy. We do not have to furnish these bonds.
(4) All reasonable expenses incurred by the
"insured" at our request. This includes actual loss of earnings because of time off from work, which we will pay up to the Limit of Insurance shown on the ElitePac Schedule.
EMPL OYE E INDEM NIF ICATION AND
EMPLOYER'S LIABILITY AMENDMENT
The following is added to SECTION II, B.4. -
Exclusions:
This exclusion does not apply to a "volunteer worker" who is not entitled to workers compensation, disability or unemployment compensation benefits.
FELLOW EMPLOYEE COVERAGE
The Fellow Employee Exclusion, SECTION II, B.5.
- is deleted in its entirety.
CARE, CUSTODY OR CONTROL AMENDMENT
The following is added to SECTION II, B.6. -
Exclusions:
This exclusion does not apply to property owned by anyone other than an "insured", subject to the following:
1. The most we will pay under this exception for any one "accident" is the Limit of Insurance stated in the ElitePac Schedule; and
2. A per "accident" deductible as stated in the
ElitePac Schedule applies to this exception.
B. If this policy provides Auto Liability coverage for
Owned Autos or Non-Owned Autos, the following extension is applicable accordingly:
LIMITED LIABILITY COMPANIES
The following is added to SECTION II, A.1. - Who
Is An Insured:
If you are a limited liability company, your members and managers are "insureds" while using a covered
"auto" you don't own, hire or borrow during the course of their duties for you.
BLANKET ADDITIONAL INSUREDS - As
Required By Contract
The following is added to SECTION II, A.1. - Who
Is An Insured:
CA 78 09 11 17Copyright, 2017 Selective Insurance Company of America. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Any person or organization whom you have agreed in a written contract, written agreement or written permit that such person or organization be added as an additional "insured" on your policy. Such person or organization is an additional "insured" only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by your ownership, maintenance or use of a covered "auto".
This coverage shall be primary and non-contributory with respect to the additional "insured". This provision only applies if:
1. It is required in the written contract, written agreement or written permit identified in this section;
2. It is permitted by law; and
3. The written contract or written agreement has been executed (executed means signed by a named insured) or written permit issued prior to the "bodily injury" or "property damage".
C. If this policy provides Auto Liability coverage for
Non-Owned Autos, the following extension is applicable accordingly:
EMPLOYEES AS INSUREDS
If this policy provides Auto Liability coverage for
Non-Owned Autos, the following is added to
SECTION II, A.1. - Who Is An Insured:
Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs.
An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name with your permission, while performing duties related to the conduct of your business.
AMENDMENTS TO SECTION III - PHYSICAL
DAMAGE COVERAGE
If this policy provides Comprehensive, Specified Causes of Loss or Collision coverage, the following extensions are applicable for those "autos" for which
Comprehensive, Specified Causes of Loss or Collision coverage is purchased:
TOWING AND LABOR
SECTION III, A.2. - Towing is deleted in its entirety and replaced with the following:
We will pay all reasonable towing and labor costs up to the maximum Limit of Insurance shown on the ElitePac
Schedule per tow each time a covered "Private
Passenger Auto", "Social Service Van or Bus" or "Light
Truck" is disabled and up to the maximum Limit of
Insurance per tow each time a covered "Medium Truck", "Heavy Truck" or "Extra Heavy Truck" is disabled.
For labor charges to be eligible for reimbursement the labor must be performed at the place of disablement.
This coverage extension does not apply to Emergency
Services Organizations and Governmental Entities.
GLASS BREAKAGE DEDUCTIBLE
The following is added to SECTION III, A.3. - Glass
Breakage - Hitting A Bird Or Animal - Falling Objects or Missiles:
If damaged glass is repaired rather than replaced, no deductible will apply for such repair. This extension does not apply to Emergency Services Organizations and
Governmental Entities.
ADDITIONAL TRANSPORTATION EXPENSES
SECTION III, A.4.a. - Transportation Expenses is deleted in its entirety and replaced with the following:
We will pay up to the maximum Limit of Insurance shown on the ElitePac Schedule for temporary transportation expenses that you incur because of any "loss" to a covered "auto", but only if the covered "auto" carries the coverages and meets the requirements described in 1.
or 2. below:
1. We will pay temporary transportation expenses for total theft of a covered "auto". We will only pay for such expenses incurred during the period beginning
24 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss".
2. For "loss" other than total theft of a covered "auto" under Comprehensive or Specified Causes of Loss
Coverage, or for any "loss" under Collision Coverage to a covered "auto", we will only pay for those temporary transportation expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the number of days reasonably required to repair or replace the covered "auto" or 30 days.
Paragraph 2. of this extension does not apply while there are spare or reserve "autos" available to you for your operations.
This coverage extension does not apply to Emergency
Services Organizations and Governmental Entities.
HIRED AUTO PHYSICAL DAMAGE COVERAGE
The following is added to SECTION III, A.4. - Coverage
Extensions:
Physical Damage coverage is hereby extended to apply to Physical Damage "loss" to "autos" leased, hired, rented or borrowed without a driver. We will provide coverage equal to the broadest coverage available to any covered "auto" shown in the Declarations. But, the most we will pay for "loss" to each "auto" under this coverage extension is the lesser of:
Copyright, 2017 Selective Insurance Company of America. All rights reserved.
CA 78 09 11 17
F
1. The Limit of Insurance stated in the ElitePac
Schedule; or
2. The actual cash value of the damaged or stolen property as of the time of the "loss"; or
3. The actual cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. A part is of like kind and quality when it is of equal or better condition than the pre-accident part. We will use the original equipment from the manufacturer when:
(a) The operational safety of the vehicle might otherwise be impaired;
(b) Reasonable and diligent efforts to locate the appropriate rebuilt, aftermarket or used part have been unsuccessful; or
(c) A new original equipment part of like kind and quality is available and will result in the lowest overall repair cost.
For each leased, hired, rented or borrowed "auto" our obligation to pay "losses" will be reduced by a deductible equal to the highest deductible applicable to any owned
"auto" for that coverage. No deductible will be applied to
"losses" caused by fire or lightning.
SECTION IV, B.5. Other Insurance Condition, Paragraph 5.b. is deleted in its entirety and replaced by the following:
For Hired Auto Physical Damage Coverage, the following are deemed to be covered "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 or agreement in that
"employee's" name, with your permission, while performing duties related to the conduct of your business.
However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto".
This coverage extension does not apply to Emergency
Services Organizations and Governmental Entities.
HIRED AUTO LOSS OF USE COVERAGE
The following is added to SECTION III, A.4. - Coverage
Extensions:
We will pay expenses for which you are legally responsible to pay up to the Limit of Insurance shown on the ElitePac Schedule per "accident" for loss of use of a leased, hired, rented or borrowed "auto" if it results from an "accident".
This coverage extension does not apply to Emergency
Services Organizations, Governmental Entities, and
Schools.
AUTO LOAN/LEASE GAP COVERAGE (Not
Applicable in New York)
The following is added to SECTION III, A.4. - Coverage
Extensions:
In the event of a total "loss" to a covered "auto" we will pay any unpaid amount due on the lease or loan for a covered "auto", less:
1. The amount paid under the Physical Damage
Coverage Section of the policy; and
2. Any:
a. Overdue lease/loan payments at the time of
"loss";
b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear, high mileage or similar charges;
c. Security deposits not refunded by the lessor or financial institution;
d. Costs for extended warranties, credit life, health, accident, or disability insurance purchased with the loan or lease; and
e. Carry-over balances from previous leases or loans.
You are responsible for the deductible applicable to the
"loss" for the covered "auto".
PERSONAL EFFECTS
The following is added to SECTION III, A.4. - Coverage
Extensions:
If this policy provides Comprehensive Coverage for a covered "auto" you own and that covered "auto" is stolen, we will pay up to the Limit of Insurance shown on the ElitePac Schedule, without application of a deductible, for lost personal effects that were in the covered "auto" at the time of theft. Personal effects do not include jewelry, tools, money, or securities. This coverage is excess over any other collectible insurance.
AIRBAG COVERAGE
The following is added to SECTION III, B.3.a. -
Exclusions:
Mechanical breakdown does not include the accidental discharge of an airbag.
This coverage extension does not apply to Emergency
Services Organizations and Governmental Entities.
EXPANDED AUDIO, VISUAL, AND DATA
ELECTRONIC EQUIPMENT COVERAGE
SECTION III, B.4. - Exclusions
This exclusion does not apply to the following:
1. Global positioning systems;
2. "Telematic devices"; or
3. Electronic equipment that reproduces, receives or transmits visual or data signals and accessories used with such equipment, provided such equipment is:
CA 78 09 11 17
INSURED'S COPY
a. Permanently installed in or upon the covered
"auto" at the time of the "loss";
b. Removable from a housing unit that is permanently installed in the covered "auto" at the time of the "loss";
c. Designed to be solely operated by use of power from the "auto's" electrical system; or
d. Designed to be used solely in or upon the covered "auto".
For each covered "loss" to such equipment, a deductible of $50 shall apply, unless the deductible otherwise applicable to such equipment is less than $50, at which point the lower deductible, if any, will apply.
COMPREHENSIVE DEDUCTIBLE - LOCATION
TRACKING DEVICE
The following is added to SECTION III, D. - Deductible:
Any Comprehensive Coverage Deductible shown in the
Declarations will be reduced by 50% for any "loss" caused by theft if the covered "auto" is equipped with a location tracking device and that device was the sole method used to recover the "auto".
PHYSICAL DAMAGE LIMIT OF INSURANCE
SECTION III, C. - Limit Of Insurance is deleted in its entirety and replaced with the following:
The most we will pay for a "loss" in any one "accident" is the lesser of:
1. The actual cash value of the damaged or stolen property as of the time of the "loss"; or
2. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality.
This coverage extension does not apply to Emergency
Services Organizations and Governmental Entities.
AMENDMENTS TO SECTION IV - BUSINESS AUTO
CONDITIONS
DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT
OR LOSS
The following is added to SECTION IV, A.2.a. - Duties
In The Event Of Accident, Claim, Suit Or Loss:
The notice requirements for reporting "accident" claim, "suit" or "loss" information to us, including provisions related to the subsequent investigation of such
"accident", claim, "suit" or "loss" do not apply until the
"accident", claim, "suit" or "loss" is known to:
1. You, if you are an individual;
2. A partner, if you are a partnership;
3. An executive officer or insurance manager, if you are a corporation;
4. Your members, managers or insurance manager, if you are a limited liability company;
5. Your elected or appointed officials, trustees, board members or your insurance manager, if you are an organization other than a partnership, joint venture or limited liability company.
But, this section does not amend the provisions relating to notification of police or protection or examination of the property that was subject to the "loss".
WAIVER OF SUBROGATION
SECTION IV, A.5. - Transfer Of Rights Of Recovery
Against Others To Us is deleted in its entirety and replaced with the following:
We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" resulting from the ownership, maintenance or use of a covered
"auto" but only when you have assumed liability for such
"bodily injury" or "property damage" in an "insured contract". In all other circumstances, if a person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us.
MULTIPLE DEDUCTIBLES
The following is added to SECTION IV, A. - Loss
Conditions:
If a "loss" from one event involves two or more covered
"autos" and coverage under Comprehensive or
Specified Causes of Loss applies, only the highest applicable deductible will be applied.
CONCEALMENT, MISREPRESENTATION OR FRAUD
The following is added to SECTION IV, B.2. -
Concealment, Misrepresentation Or Fraud:
If you should unintentionally fail to disclose any existing hazards in your representations to us prior to the inception date of the policy or during the policy period in connection with any newly discovered hazards, we will not deny coverage under this Coverage Form based upon such failure.
POLICY PERIOD, COVERAGE TERRITORY
SECTION IV, B.7. - Policy Period, Coverage Territory is deleted in its entirety and replaced with the following:
Under this Coverage Form, we cover "accidents" and
"losses" occurring:
a. During the policy period shown in the Declarations;
and
b. Within the "Coverage Territory".
CA 78 09 11 17
F
We also cover "loss" to or "accidents" involving a covered "auto" while being transported between any of these places.
TWO OR MORE COVERAGE FORMS OR POLICIES
ISSUED BY US - DEDUCTIBLES
The following is added to SECTION IV, B.8. - Two Or
More Coverage Forms Or Policies Issued By Us:
If a "loss" covered under this Coverage Form also involves a "loss" to other property resulting from the same "accident" that is covered under this policy or another policy issued by us or any member company of ours, only the highest applicable deductible will be applied.
AMENDMENTS TO SECTION V - DEFINITIONS
BODILY INJURY INCLUDING MENTAL ANGUISH
(Not Applicable in New York)
The definition of bodily injury is deleted in its entirety and replaced by the following:
"Bodily injury" means bodily injury, sickness, or disease sustained by a person, including death resulting from any of these. "Bodily injury" includes mental anguish resulting from bodily injury, sickness or disease sustained by a person.
ADDITIONS TO SECTION V - DEFINITIONS
COVERAGE TERRITORY
"Coverage Territory" means:
1. The United States of America (including its territories and possessions), Canada and Puerto
Rico; and
2. Anywhere in the world, except for any country or jurisdiction that is subject to trade or other economic sanction or embargo by the United States of
America, if a covered "auto" is leased, hired, rented, or borrowed without a driver for a period of 30 days or less, and the insured's responsibility to pay
"damages" is determined in a "suit" on the merits in and under the substantive law of the United States of America (including its territories and possessions), Puerto Rico, or Canada, or in a settlement we agree to.
If we are prevented by law, or otherwise, from defending the "insured" in a "suit" brought in a location described in
Paragraph 2. above, the insured will conduct a defense of that "suit". We will reimburse the "insured" for the reasonable and necessary expenses incurred for the defense of any such "suit" seeking damages to which this insurance applies, and that we would have paid had we been able to exercise our right and duty to defend.
EXTRA HEAVY TRUCK
"Extra Heavy Truck" means a truck with a gross vehicle weight rating of 45,001 pounds or more.
HEAVY TRUCK
"Heavy Truck" means a truck with a gross vehicle weight rating of 20,001 pounds to 45,000 pounds.
LIGHT TRUCK
"Light Truck" means a truck with a gross vehicle weight rating of 10,000 pounds or less.
MEDIUM TRUCK
"Medium Truck" means a truck with a gross vehicle weight rating of 10,001 pounds to 20,000 pounds.
PRIVATE PASSENGER AUTO
"Private Passenger Auto" means a four-wheel "auto" of the private passenger or station wagon type. A pickup, panel truck or van not used for business is included within the definition of a "private passenger auto".
SOCIAL SERVICE VAN OR BUS
"Social Service Van or Bus" means a van or bus used by a government entity, civic, charitable or social service organization to provide transportation to clients incidental to the social services sponsored by the organization, including special trips and outings.
TELEMATIC DEVICE
"Telematic Device" includes devices designed for the collection and dissemination of data for the purpose of monitoring vehicle and/or driver performance. This includes Global Positioning System technology, wireless safety communications and automatic driving assistance systems, all integrated with computers and mobile communications technology in automotive navigation systems.
VOLUNTEER WORKER
"Volunteer worker" means a person who performs business duties for you, for no financial or other compensation.
Copyright, 2023 Selective Insurance Company of America. All rights reserved. CG 73 00 10 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 10
ElitePac®
General Liability Extension Endorsement
COMMERCIAL GENERAL LIABILITY
CG 73 00 10 23
SUMMARY OF COVERAGES (including index)
This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. Refer to the actual endorsement (Pages 3-through-9) for changes affecting your insurance protection.
DESCRIPTION PAGE FOUND
Additional Insureds — Primary and Non-Contributory Provision Page 8
Blanket Additional Insureds — As Required By Contract Page 5
• Owners, Lessees or Contractors (includes Architects, Engineers or Surveyors)
• Lessors of Leased Equipment
• Managers or Lessors of Premises
• Mortgagees, Assignees and Receivers
• Any Other person or organization other than a joint venture
• Grantors of Permits
Broad Form Vendors Coverage Page 7
Damage To Premises Rented To You (Including Fire, Lightning or Explosion) Page 3
Electronic Data Liability ($100,000) Page 4
Employee Definition Amended Page 9
Employees As Insureds Modified Page 5
Employer’s Liability Exclusion Amended (Not applicable in New York) Page 3
Incidental Malpractice Exclusion modified Page 8
Knowledge of Occurrence, Claim, Suit or Loss Page 8
Liberalization Clause Page 8
Mental Anguish Amendment (Not applicable to New York) Page 10
Newly Formed or Acquired Organizations Page 5
Non-Owned Aircraft Page 3
Non-Owned Watercraft (under 60 feet) Page 3
Not-for-profit Members — as additional insureds Page 5
Personal And Advertising Injury — Discrimination Amendment (Not applicable in New York) Page 9
Products Amendment (Medical Payments) Page 4
Supplementary Payments Amended — Bail Bonds ($5,000) and Loss of Earnings ($1,000) Page 4
Two or More Coverage Parts or Policies Issued By Us Page 9
Unintentional Failure to Disclose Hazards Page 8
Waiver of Transfer of Rights of Recovery (subrogation) Page 8
When Two or More Coverage Parts of this Policy Apply to a Loss Page 3
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 10
THIS PAGE IS INTENTIONALLY LEFT BLANK.
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 10
ElitePac®
General Liability Extension Endorsement
COMMERCIAL GENERAL LIABILITY
CG 73 00 10 23
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies the insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. However, if (a) two or more Coverage Parts of this policy, or (b) two or more forms or endorsements within the same Coverage Part apply to a loss, coverage provision(s) with the broadest language will apply, unless specifically stated otherwise within the particular amendment covering that loss.
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
COVERAGES — Amendments
SECTION I — COVERAGE A BODILY INJURY AND
PROPERTY DAMAGE LIABILITY
EXCLUSIONS
Employer’s Liability Amendment (This provision is not applicable in the State of New York).
The following is added to Exclusion e. Employer’s Liability under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions:
This exclusion also does not apply to any “temporary worker”.
Non-Owned Aircraft, Auto or Watercraft A. Paragraph (2) of Exclusion g. Aircraft, Auto Or
Watercraft under COVERAGE A BODILY INJURY
AND PROPERTY DAMAGE LIABILITY, 2.
Exclusions is deleted in its entirety and replaced with the following:
(2) A watercraft you do not own that is:
(a) Less than 26 feet long and not being used to carry persons or property for a charge; or
(b) At least 26 feet, but less than 60 feet long, and not being used to carry persons or property for a charge. Any person is an insured who uses or is responsible for the use of such watercraft with your expressed or implied consent. However, if the insured has any other valid and collectible insurance for “bodily injury” or “property damage” that would be covered under this provision, or on any other basis, this coverage is then excess, and subject to Condition 4. Other Insurance, b. Excess Insurance under
SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS.
B. The following is added to Exclusion g. Aircraft, Auto Or Watercraft under COVERAGE A BODILY
INJURY AND PROPERTY DAMAGE LIABILITY, 2.
Exclusions:
This exclusion does not apply to:
(6) Any aircraft, not owned or operated by any insured, which is hired, chartered or loaned with a paid crew. However, if the insured has any other valid and collectible insurance for “bodily injury” or “property damage” that would be covered under this provision, or on any other basis, this coverage is then excess, and subject to Condition 4. Other Insurance, b. Excess Insurance under SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS.
Damage To Premises Rented to You A. The last paragraph of Paragraph 2. Exclusions under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE is deleted in its entirety and replaced with the following:
Exclusions c. through n. do not apply to damage by fire, lightning or explosion to premises rented to you or temporarily occupied by you with the permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III —
LIMITS OF INSURANCE.
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B. Paragraph 6. under SECTION III — LIMITS OF INSURANCE is deleted in its entirety and replaced with the following:
6. Subject to Paragraph 5. above, the most we will pay under COVERAGE A for damages because of “property damage” to any one premises, while rented to you, or in the case of damage caused by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner, for all such damage caused by fire, lightning or explosion proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of the three, is the amount shown in the Declarations for the Damage To Premises Rented To You Limit.
C. Paragraph a. of Definition 9. “Insured contract” under SECTION V — DEFINITIONS is deleted in its entirety and replaced with the following:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with the permission of the owner is not an “insured contract”;
Electronic Data Liability A. Exclusion p. Access or Disclosure Of Confidential
Or Personal Information And Data-related Liability under COVERAGE A BODILY INJURY
AND PROPERTY DAMAGE LIABILITY, 2.
Exclusions is deleted in its entirety and replaced by the following:
p. Access or Disclosure Of Confidential Or
Personal Information And Data-related Liability Damages arising out of:
(1) Any access to or disclosure of any person’s or organization’s confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information or any other type of nonpublic information;
or
(2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate “electronic data” that does not result from physical injury to tangible property.
This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above.
B. The following paragraph is added to SECTION III —
LIMITS OF INSURANCE:
Subject to 5. above, the most we will pay under COVERAGE A for “property damage” because of all loss of “electronic data” arising out of any one “occurrence” is a sub-limit of $100,000.
SECTION I — COVERAGE C MEDICAL PAYMENTS
EXCLUSIONS
Any Insured Amendment Exclusion a. Any Insured under COVERAGE C MEDICAL PAYMENTS, 2. Exclusions is deleted in its entirety and replaced with the following:
a. Any Insured
To any insured.
This exclusion does not apply to:
(1) “Not-for-profit members”;
(2) “Golfing facility” members who are not paid a fee, salary, or other compensation; or
(3) “Volunteer workers”.
This exclusion exception does not apply if COVERAGE C MEDICAL PAYMENTS is excluded by another endorsement to this Coverage Part.
Product Amendment Exclusion f. Products-Completed Operations Hazard under COVERAGE C MEDICAL PAYMENTS, 2.
Exclusions is deleted in its entirety and replaced with the following:
f. Products-Completed Operations Hazard
Included within the “products-completed operations hazard”.
This exclusion does not apply to “your products” sold for use or consumption on your premises, while such products are still on your premises.
This exclusion exception, does not apply if COVERAGE C MEDICAL PAYMENTS is excluded by another endorsement to this Coverage Part.
SECTION I — SUPPLEMENTARY PAYMENTS —
COVERAGES A AND B
Expenses For Bail Bonds And Loss Of Earnings A. Subparagraph 1.b. under SUPPLEMENTARY
PAYMENTS — COVERAGES A AND B is deleted in its entirety and replaced with the following:
b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.
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B. Subparagraph 1.d. under SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is deleted in its entirety and replaced with the following:
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or “suit”, including actual loss of earnings up to $1,000 a day because of time off from work.
SECTION II — WHO IS AN INSURED — Amendments Not-for-Profit Organization Members The following paragraph is added to SECTION II —
WHO IS AN INSURED:
If you are an organization other than a partnership, joint venture, or a limited liability company, and you are a not-for-profit organization, the following are included as additional insureds:
1. Your officials;
2. Your trustees;
3. Your members;
4. Your board members;
5. Your commission members;
6. Your agency members;
7. Your insurance managers;
8. Your elective or appointed officers; and
9. Your “not-for-profit members”.
However only with respect to their liability for your activities or activities they perform on your behalf.
Employees As Insureds Modified A. Subparagraph 2.a.(1)(a) under SECTION II — WHO
IS AN INSURED does not apply to “bodily injury” to a “temporary worker” caused by a co-”employee” who is not a “temporary worker”.
B. Subparagraph 2.a.(2) under SECTION II — WHO IS AN INSURED does not apply to “property damage” to the property of a “temporary worker” or “volunteer worker” caused by a co-”employee” who is not a “temporary worker” or “volunteer worker”.
C. Subparagraph 2.a.(1)(d) under SECTION II — WHO IS AN INSURED does not apply to “bodily injury” caused by cardio-pulmonary resuscitation or first aid services administered by a co-”employee”.
With respect to this provision only, Subparagraph (1) of Exclusion 2. e. Employer’s Liability under SECTION I
— COVERAGES, COVERAGE A BODILY INJURY
AND PROPERTY DAMAGE LIABILITY does not apply.
Newly Formed Or Acquired Organizations A. Subparagraph 3.a. under SECTION II — WHO IS
AN INSURED is deleted in its entirety and replaced with the following:
a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. However, COVERAGE A does not apply to “bodily injury” or “property damage” that occurred before you acquired or formed the organization.
B. The following paragraph is added to SECTION II
— WHO IS AN INSURED, Paragraph 3:
If you are engaged in the business of construction of dwellings three stories or less in height, or other buildings three stories or less in height and less than 25,000 square feet in area, you will also be an insured with respect to “your work” only, for the period of time described above, for your liability arising out of the conduct of any partnership or joint venture of which you are or were a member, even if that partnership or joint venture is not shown as a Named Insured. However, this provision only applies if you maintain or maintained an interest of at least fifty percent in that partnership or joint venture for the period of that partnership or joint venture.
This provision does not apply to any partnership or joint venture that has been dissolved or otherwise ceased to function for more than thirty-six months.
With respect to the insurance provided by this provision, Newly Formed or Acquired Organizations, the following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY, Paragraph 4. Other Insurance, Subparagraph b. Excess Insurance:
The insurance provided by this provision, Newly Formed or Acquired Organizations, is excess over any other insurance available to the insured, whether primary, excess, contingent or on any other basis.
(All other provisions of this section remain unchanged) Blanket Additional Insureds — As Required By Contract A. Subject to the Primary and Non-Contributory provision set forth in this endorsement, SECTION II
— WHO IS AN INSURED is amended to include as an additional insured:
1. Owners, Lessees or Contractors/Architects, Engineers and Surveyors
a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in a written contract, written agreement or written permit that such person or organization be added as an additional insured on your commercial general liability policy; and
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b. Any other person or organization, including any architects, engineers or surveyors not engaged by you, whom you are required to add as an additional insured under your policy in the contract or agreement in Paragraph a. above:
Such person or organization is an additional insured only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by:
(1) Your acts or omissions; or
(2) The acts of omissions of those acting on your behalf;
in the performance of your ongoing operations performed for the additional insured in Paragraph a., above.
However, this insurance does not apply to:
“Bodily injury”, “property damage” or “personal and advertising injury” arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services by or for you, including:
(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and
(2) Supervisory, inspection, architectural or engineering activities.
Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor.
A person or organization’s status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph a. above are completed.
2. Other Additional Insureds Any of the following persons or organizations with whom you have agreed in a written contract, written agreement or written permit that such persons or organizations be added as an additional insured on your commercial general liability policy:
a. Lessors of Leased Equipment
Any person or organization from whom you lease equipment, but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization.
With respect to the insurance afforded to these additional insureds, this insurance does not apply to any “occurrence” which takes place after the equipment lease expires.
b. Managers or Lessors of Premises Any person or organization from whom you lease premises, but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by you or those acting on your behalf in connection with the ownership, maintenance or use of that part of the premises leased to you.
This insurance does not apply to any “occurrence” which takes place after you cease to be a tenant of that premises.
c. Mortgagees, Assignees or Receivers Any person or organization with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of your premises.
This insurance does not apply to any “occurrence” which takes place after the mortgage is satisfied, or the assignment or receivership ends.
d. Any Person or Organization Other Than A Joint Venture Any person or organization (other than a joint venture of which you are a member), but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by your acts or omissions or the acts of omissions of those acting on your behalf in the performance of your ongoing operations or in connection with property owned by you.
e. State or Governmental Agency or Political Subdivision — Permits or Authorizations Any state or governmental agency or subdivision or political subdivision, but only with respect to:
(1) Operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization; or
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(2) The following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies:
(a) The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures;
(b) The construction, erection or removal of elevators; or
(c) The ownership, maintenance or use of any elevators covered by this insurance.
This insurance does not apply to:
i. “Bodily injury” or “property damage” arising out of operations performed for the federal government, state or municipality; or
ii. “Bodily injury” or “property damage” included within the “products-completed operations hazard”.
With respect to Paragraphs 2.b. through 2.d., this insurance does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization.
B. The insurance coverage afforded to the additional insureds in this coverage extension:
1. Does not apply unless the written contract or written agreement has been signed by the Named Insured or written permit issued prior to the “bodily injury” or “property damage” or “personal and advertising injury”;
2. Only applies to the extent permitted by law; and
3. Will not be broader than that which you are required by the written contract, written agreement, or written permit to provide to such additional insured.
Broad Form Vendors Coverage Subject to the Primary and Non-Contributory provision set forth in this endorsement, SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organization (referred to below as vendor) for whom you have agreed in a written contract or written agreement to provide coverage as an additional insured under your policy. Such person or organization is an additional insured only with respect to “bodily injury” or “property damage” arising out of “your products” which are distributed or sold in the regular course of the vendor’s business. However, the insurance afforded the vendor does not apply to:
a. “Bodily injury” or “property damage” for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement; however this exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement;
b. Any express warranty unauthorized by you;
c. Any physical or chemical change in the product made intentionally by the vendor;
d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the sale of the product; or
f. Products which, after distribution or sale by you, have been labeled or re-labeled or used as a container, part of ingredient of any other thing or substance by or for the vendor; however this insurance does not apply to any insured person or organization, from who you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products.
The provisions of this coverage extension do not apply unless the written contract or written agreement has been signed by the Named Insured prior to the “bodily injury” or “property damage”.
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Incidental Malpractice Subparagraph 2.a.(1)(d) under SECTION II — WHO IS AN INSURED is deleted in its entirety and replaced with the following:
(d) Arising out of his or her providing or failing to provide professional health care services.
This does not apply to nurses, emergency medical technicians or paramedics if you are not in the business or occupation of providing any such professional services.
This also does not apply to “bodily injury” caused by cardio-pulmonary resuscitation or first aid services administered by a co-”employee”.
This provision does not apply if you are a Social Service or Senior Living risk.
SECTION IV — COMMERCIAL GENERAL LIABILITY
CONDITIONS — Amendments Knowledge Of Occurrence, Claim, Suit Or Loss The following is added to Paragraph 2. Duties in the Event of Occurrence, Offense, Claim or Suit under
SECTION IV — COMMERCIAL GENERAL LIABILITY
CONDITIONS:
The requirements under this paragraph do not apply until after the “occurrence” or offense is known to:
1. You, if you are an individual;
2. A partner, if you are a partnership;
3. An “executive officer” or insurance manager, if you are a corporation;
4. Your members, managers or insurance manager, if you are a limited liability company; or
5. Your elected or appointed officials, officers, members, trustees, board members, commission members, agency members, or your administrator or your insurance manager if you are an organization other than a partnership, joint venture, or limited liability company.
Primary and Non-Contributory Provision The following is added to Paragraph 4. Other Insurance, b. Excess Insurance under SECTION IV —
COMMERCIAL GENERAL LIABILITY CONDITIONS:
This insurance is primary to and we will not seek contribution from any other insurance available to an additional insured under this policy provided that:
(1) The additional insured is a Named Insured under such other insurance; and
(2) You have agreed in a written contract, written agreement or written permit that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured.
Unintentional Failure To Disclose Hazards The following is added to Paragraph 6.
Representations under SECTION IV —
COMMERCIAL GENERAL LIABILITY CONDITIONS:
However, if you should unintentionally fail to disclose any existing hazards in your representations to us at the inception date of the policy, or during the policy period in connection with any additional hazards, we shall not deny coverage under this Coverage Part based upon such failure to disclose hazards.
Waiver Of Transfer Of Rights Of Recovery The following is added to Paragraph 8. Transfer of Rights Of Recovery Against Others To Us under
SECTION IV — COMMERCIAL GENERAL LIABILITY
CONDITIONS:
We will waive any right of recovery against a person or organization because of payments we make under this Commercial General Liability Coverage Part. This waiver applies only if the insured has agreed in a written contract or written agreement to:
1. Waive any right of recovery against that person or organization; or
2. Assume the liability of that person or organization pursuant to a written contract or written agreement that qualifies as an “insured contract”; and
3. Include such person or organization as an additional insured on your policy.
Such waiver by us applies only to that person or organization identified above, and only to the extent that the insured has waived its right of recovery against such person or organization prior to loss.
Liberalization The following condition is added to SECTION IV —
COMMERCIAL GENERAL LIABILITY CONDITIONS:
If we revise this Coverage Part to provide more coverage without additional premium charge, subject to our filed company rules, your policy will automatically provide the additional coverage as of the day the revision is effective in your state.
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Two or More Coverage Parts or Policies Issued By Us (This provision is not Applicable in the state of New York or Wisconsin).
The following condition is added to SECTION IV —
COMMERCIAL GENERAL LIABILITY CONDITIONS:
It is our intention that the various coverage parts or policies issued to you…
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