2024-01-04-GCAWPoL-COI-Viking_Specialty.pdf

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Attached to
Master Agreement AZ|CTR067100
Contract number
CTR067100
Issued by
Arizona

About this file

This document is a Certificate of Liability Insurance for Viking Specialty Services LLC (DBA Viking Specialty Contracting), issued by Breinholt Anderson Insurance Consultants LLC and underwritten by multiple insurance carriers including Secura Insurance, Ameritrust Insurance Corporation, Star Insurance Company, and Guideone National Insurance Company. The certificate is for a statewide contract with the Arizona Department of Environmental Quality (ADEQ), specifically for Solicitation No. BPM004287 titled "Statewide Asbestos, Lead, and Mold Consultant and Abatement Services" with Contract #CTR067100.

The insurance policy provides comprehensive coverage including Commercial General Liability, Automobile Liability, Contractors' Pollution Liability, Consultants' Professional Liability, Scheduled Property Pollution Liability, and Non-Owned Disposal Site Pollution Liability. The policy covers Viking Specialty Services for environmental consulting and abatement services, with policy limits ranging from $1,000,000 to $5,000,000 depending on the specific coverage type. The policy period is from January 4, 2023 to January 4, 2024, with additional insureds including the State of Arizona and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees. The policy includes provisions for additional insured status, primary and non-contributory coverage, and waivers of subrogation as required by the contract.

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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

E-MAIL

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

8/10/2023

Breinholt Anderson Insurance Consultants LLC 4140 E. Baseline Road, Suite 201 Mesa AZ 85206

Julie Spier 480-935-7008 480-935-7009 certificates@baicins.com

Secura Insurance 22543 VIKISPE-01 Ameritrust Insurance Corporation 10665

Viking Specialty Services LLC DBA Viking Specialty Contracting 1008A E. Vista Del Cerro Dr Tempe AZ 85281

Star Insurance Company 18023 Guideone National Insurance Company 14167

327703304

B X 1,000,000 X 100,000

5,000

1,000,000

2,000,000 X X

Y Y AIC4007592 1/4/2023 1/4/2024

2,000,000

A 1,000,000

X Y Y A3327931 8/10/2023 8/10/2024

D X X 5,000,000UXS565000004-00 1/4/2023 1/4/2024

5,000,000

C XY WC0871130 1/4/2023 1/4/2024

1,000,000

1,000,000

1,000,000 A B

Leased and Rented Equipment Contractors Pollution Liability Consultants Professional Liab

CP3327930

AIC4007592

8/10/2023 1/4/2023

8/10/2024 1/4/2024

$200,000 $1,000,000/Each $1,000,000/Each

Ded. $500 Ded. $2,500 Ded. $2,500

The General Liability and Business Auto policies include an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder and any additional entities listed, if any, only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured. The General Liability and Business Auto policies contain the endorsement with Primary and Noncontributory wording, when required by written contract. The General Liability, Business Auto and Workers Compensation policies provide a Waiver of Subrogation when required by written contract.

The Excess Liability policy follows form to the General Liability, Professional Liability, Pollution Liability, Business Auto and Employers Liability policies. General Liability includes a 30-day Notice of Cancellation endorsement.

RE: Solicitation No. BPM004287 Title: Statewide Asbestos, Lead, and Mold Consultant and Abatement Services See Attached...

Arizona Department of Environmental Quality 1110 W Washington St Phoenix AZ 85007

ACORD 101 (2008/01)

The ACORD name and logo are registered marks of ACORD

© 2008 ACORD CORPORATION. All rights reserved.

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,

FORM NUMBER: FORM TITLE:

ADDITIONAL REMARKS

ADDITIONAL REMARKS SCHEDULE Page of

AGENCY CUSTOMER ID:

LOC #:

AGENCY

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSURED

EFFECTIVE DATE:

VIKISPE-01

1 1

Breinholt Anderson Insurance Consultants LLC Viking Specialty Services LLC DBA Viking Specialty Contracting 1008A E. Vista Del Cerro Dr Tempe AZ 85281

25 CERTIFICATE OF LIABILITY INSURANCE

Additional Insureds include: State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees Contract #: CTR067100

CAE 0131 Includes copyrighted material of Insurance Services Offices, Inc., with its permission. Page 1 of 2 1508 © 2015, SECURA INSURANCE, A Mutual Company

THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY.

AUTO ADDITIONAL INSURED WRAP

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

A. AUTOMATIC ADDITIONAL INSURED – PRIMARY AND NONCONTRIBUTORY

SECTION II – COVERED AUTOS LIABILITY COVERAGE, subsection A. Coverage, paragraph 1. Who Is An Insured is amended to add:

d. (1) Automatic Additional Insured – Primary And Noncontributory

Any person or organization is an additional insured when you and such person or organization have agreed in writing prior to a loss that such person or organization be added as additional insured on your policy. Such person or organization is an additional insured only with respect to liability for “bodily injury” or “property damage” resulting from the ownership, maintenance or use of a covered “auto”, provided the “bodily injury” or “property damage” is caused, in whole or in part, by you or by those acting on your behalf. This insurance is primary and is not contributing with any other insurance carried by the additional insured.

(2) Blanket Lessor Additional Insured Provisions

If the additional Insured is a lessor of a “leased auto”;

(a) Coverage

i. Any “leased auto” that is a covered “auto” will be considered a covered “auto” you own and not a covered “auto” you hire or borrow.

For a covered “auto” that is a “leased auto” Who Is An Insured is changed to include as an “Insured” the lessor.

ii. The coverages provided under this endorsement apply to any “leased auto” until the policy expiration date, or when the lessor or his or her agent takes possession of the “leased auto”, whichever occurs first.

(b) Loss Payable Clause

i. We will pay, as interest may appear, you and the lessor for “loss” to a “leased auto”.

ii. The insurance covers the interest of the lessor unless the “loss” results from fraudulent acts or omissions on your part.

iii. If we make any payment to the lessor, we will obtain his or her rights against any other party.

(c) The lessor is not liable for payment of your premiums.

(d) Additional Definition

As used in this endorsement:

“Leased auto” means an “auto” leased or rented to you including any substitute, replacement or extra “auto” needed to meet seasonal or other needs, under a leasing or rental agreement that required you to provide direct primary insurance for the lessor.

Policy #A3327931

CAE 0131 Includes copyrighted material of Insurance Services Offices, Inc., with its permission. Page 2 of 2 1508 © 2015, SECURA INSURANCE, A Mutual Company

B. WAIVER -- TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US

SECTION IV – BUSINESS AUTO CONDITIONS, subsection A. Loss Conditions, paragraph 5. Transfer Of Rights Of Recovery Against Others To Us is amended to add:

We waive any right of recovery we may have against any person or organization when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be waived from recovery because of payments we make for injury or damage arising out of an "accident" and resulting from the ownership, maintenance or use of a covered "auto". However, our rights may only be waived prior to the “accident” for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights.

Policy #AIC4007592

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Schedule

Hart Forms & Services Reorder No. 14-4888

Insurance Company Countersigned by

WC 00 03 13

(Ed. 4-84) Copyright 1983 National Council on Compensation Insurance.

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13

(Ed. 4-84)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT

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.

BLANKET AS REQUIRED BY WRITTEN CONTRACT

AZ

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.

(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)

Endorsement Effective 1/4/2023 Policy No.WC0871130 Endorsement No.

Insured Viking Specialty Services LLC Premium $

ENV 0001 0319 Page 1 of 32 Includes copyrighted material of Insurance Services Office, Inc

ENVIRONMENTAL SERVICES LIABILITY COVERAGE FORM

(SOME COVERAGES HAVE DEFENSE EXPENSES WITHIN THE LIMITS)

NOTICE:

WHEN INDICATED IN THE DECLARATIONS AS BEING INCLUDED BY SHOWING A LIMIT OF LIABILITY AND PREMIUM, CONSULTANTS’ PROFESSIONAL LIABILITY (COVERAGE E), SCHEDULED PROPERTY POLLUTION LIABILITY (COVERAGE F), AND NON-OWNED DISPOSAL SITE POLLUTION LIABILITY

(COVERAGE G) PROVIDE CLAIMS-MADE AND REPORTED COVERAGE.

THESE COVERAGES IF PROVIDED HAVE A COVERAGE TRIGGER AND REPORTING REQUIREMENTS,

INCLUDING CLAIMS DEFENSE EXPENSES WITHIN THE LIMITS OF LIABILITY, THAT DIFFER FROM THE

OCCURRENCE COMMERCIAL GENERAL LIABILITY (COVERAGES A & B) AND OCCURRENCE

CONTRACTORS’ POLLUTION LIABILITY COVERAGE SECTIONS (COVERAGE D).

IT IS HIGHLY RECOMMENDED THAT YOU CONSULT WITH YOUR AGENT AND ATTORNEY TO

UNDERSTAND ANY COVERAGE DIFFERENCES.

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 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.

We agree to provide the following coverage, in reliance upon the statements made within the application which is made a part hereof, and subject to all the terms, exclusions and conditions of this policy.

SECTION I - COVERAGES

COMMERCIAL GENERAL LIABILITY COVERAGE A -

BODILY INJURY AND PROPERTY DAMAGE LIABILITY

1. Insuring Agreement

a. We will pay those sums that the insured becomes legally obligated to pay as damages because of “bodily injury” or “property damage” to which this insurance applies. We will have the right and duty to defend the insured against any “suit” seeking those damages.

However, we will have no duty to defend the insured against any “suit” seeking damages for “bodily injury” or “property damage” to which this insurance does not apply. We may, at our discretion, investigate any “occurrence” and settle any “claim” or “suit” that may result. But:

(1) The amount we will pay for damages is limited as described in Section III – Limits Of Insurance and Deductibles; and

(2) Our right and duty to defend ends when we have used up the applicable limit of insurance alone or in any combination in the payment of:

(a) Judgments or settlements under Coverage A, B, D, E, F or G; and

(b) “Clean-up costs” under Coverage D, E, F or G: and

(c) “Defense expenses” incurred under Coverage E, F or G; and

(d) Medical payments under Coverage C.

No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under item 3. Supplementary Payments – Coverage A. Bodily Injury and Property Damage Liability.

b. This insurance applies to “bodily injury” and “property damage” only if:

(1) The “bodily injury” or “property damage” is caused by an “occurrence” that takes place in the “coverage territory”; and

(2) The “bodily injury” or “property damage” occurs during the “policy period”; and

(3) Prior to the “policy period”, no insured listed under paragraph 1. of Section II. Who Is An Insured and no “employee” or “responsible insured” 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” or “responsible insured” knew, prior to the “policy period”, that the “bodily injury” or “property damage” occurred, 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”.

ENV 0001 0319 Page 2 of 32 Includes copyrighted material of Insurance Services Office, Inc.

c. “Bodily injury” or “property damage” which occurs during the “policy period” and was not, prior to the “policy period”, known to have occurred by any insured listed under paragraph 1. of Section II. Who Is An Insured or any “employee” or “responsible insured” authorized by you to give or receive notice of an “occurrence” or “claim”, includes any continuation, change or resumption of that “bodily injury” or “property damage” after the end of the “policy period”.

d. “Bodily injury” or “property damage” will be deemed to have been known to have occurred at the earliest time when any insured listed under paragraph 1. of Section II. Who Is An Insured or any “employee” or “responsible insured” authorized by you to give or receive notice of an “occurrence” or “claim”:

(1) Reports all, or any part, of the “bodily injury” or “property damage” to us or any other insurer; or

(2) Receives a written or verbal demand or “claim” for damages because of the “bodily injury” or “property damage”; or

(3) Becomes aware by any other means that “bodily injury” or “property damage” has occurred or has begun to occur.

e. Damages because of “bodily injury” include damages claimed by any person or organization for care, loss of services or death resulting at any time from the “bodily injury”.

2. Exclusions

This insurance does not apply to:

a. Expected Or Intended Injury

Any “claim”, cost, expense or damages arising from an act or omission that, from the standpoint of the insured, can be reasonably expected to cause “bodily injury” or “property damage” even if the resulting injury or damage is of a different kind or degree than intended or reasonably expected.

This exclusion does not apply to “bodily injury” resulting from the use of reasonable force to protect persons or property.

b. Contractual Liability

“Bodily injury” or “property damage” for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages:

(1) That the insured would have in the absence of the contract or agreement; or

(2) Assumed in a contract or agreement that is an “insured contract”, provided the “bodily injury” or “property damage” occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an “insured contract”, reasonable attorneys’ fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of “bodily injury” or “property damage”, provided:

(a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same “insured contract”;

and

(b) Such attorneys’ fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged.

c. Liquor Liability

“Bodily injury” or “property damage” for which any insured may be held liable by reason of:

(1) Causing or contributing to the intoxication of any person;

(2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or

(3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages.

This exclusion applies even if the “claims” against any insured allege negligence or other wrongdoing in:

(a) The supervision, hiring, employment, training or monitoring of others by that insured; or

(b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol;

if the "occurrence" which caused the "bodily injury" or "property damage", involved that which is described in Paragraph (1), (2) or (3) above.

This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages.

d. Workers' Compensation And Similar Laws

Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law.

ENV 0001 0319 Page 3 of 32

e. Employer's Liability

“Bodily injury” to:

(1) An “employee” of the insured arising out of and in the course of:

(a) Employment by the insured; or

(b) Performing duties related to the conduct of the insured's business; or

(2) The spouse, child, parent, brother or sister of that “employee” as a consequence of paragraph

(1) above.

This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury.

This exclusion does not apply to liability assumed by the insured under an "insured contract".

f. Pollution

(1) "Bodily injury" or "property damage" which would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time.

(2) Any loss, cost or expense arising out of any:

(a) 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 "pollutants"; or

(b) “Claim” or “suit” by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants"

g. Aircraft, Auto Or Watercraft

“Bodily injury” or “property damage” arising out of the ownership, maintenance, use or entrustment to others of any aircraft, “auto” or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and “loading or unloading”.

This exclusion 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, “auto” or watercraft that is owned or operated by or rented or loaned to any insured.

This exclusion does not apply to:

(1) A watercraft while ashore on premises you own or rent;

(2) A watercraft you do not own that is:

(a) Less than 26 feet long; and

(b) Not being used to carry persons or property for a charge;

(3) Parking an “auto” on, or on the ways next to, premises you own or rent, provided the “auto” is not owned by or rented or loaned to you or the insured;

(4) Liability assumed under any “insured contract” for the ownership, maintenance or use of aircraft or watercraft; or

(5) “Bodily injury” or “property damage” arising out of:

(a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of “mobile equipment” if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged; or

(b) The operation of any of the machinery or equipment listed in paragraph f. (2) or (3) of the definition of “mobile equipment”.

h. Mobile Equipment

“Bodily injury” or “property damage” arising out of:

(1) The “transportation” of “mobile equipment” by an “auto” owned or operated by or rented or loaned to any insured; or

(2) The use of “mobile equipment” in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity.

i. War

“Bodily injury” or “property damage”, however caused, arising, directly or indirectly, out of:

(1) War, including undeclared or civil war;

(2) 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

(3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these.

ENV 0001 0319 Page 4 of 32

j. Damage To Property

“Property damage” to:

(1) Property that you own, rent, or occupy, including any costs or expenses incurred by you or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property;

(2) Premises you sell, give away or abandon, if the “property damage” arises out of any part of those premises;

(3) Property loaned to you;

(4) Personal property in the care, custody or control of the insured;

(5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the “property damage” arises out of those operations; or

(6) That particular part of any property that must be restored repaired or replaced because “your work” was incorrectly performed on it.

Paragraphs (1), (3) and (4) of this exclusion do not apply to “property damage” (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven (7) or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III. Limits Of Insurance And Deductible.

Paragraph (2) of this exclusion does not apply if the premises are “your work” and were never occupied, rented or held for rental by you.

Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement.

Paragraph (6) of this exclusion does not apply to “property damage” included in the “products-completed operations hazard”.

k. Damage To Your Product

“Property damage” to “your product” arising out of it or any part of it.

l. Damage To Your Work

“Property damage” to “your work” arising out of it or any part of it and included in the “products-completed operations hazard”.

This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.

m. 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:

(1) A defect, deficiency, inadequacy or dangerous condition in “your product” or “your work”; or

(2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms.

This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to “your product” or “your work” after it has been put to its intended use.

n. Recall Of Products, Work Or Impaired Property

Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of:

(1) “Your product”;

(2) “Your work”; or

(3) “Impaired property”;

if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it.

o. Personal And Advertising Injury

“Bodily injury” arising out of “personal and advertising injury”.

p. Electronic Data

Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate “electronic data”.

q. Distribution Of Material In Violation Of Statutes

“Bodily injury” or “property damage” arising directly or indirectly out of any action or omission that violates or is alleged to violate:

(1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or

(2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or

(3) The Fair Credit Reporting Act (FCRA), and any amendment or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or

ENV 0001 0319 Page 5 of 32

(4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information.

r. Failure To Comply

“Claims”, “defense expenses” or damages arising out of any “responsible insured’s” intentional knowing, willful or deliberate failure to comply with any statute, regulation, ordinance, administrative complaint, notice of violation, notice letter, executive order, or instruction of any governmental or public agency.

s. Leaking Storage Tank System

“Bodily injury” or “property damage” alleged or determined to be caused in whole or in part by a leaking underground or above ground storage tank and associated connections and piping that has been installed or serviced by the insured.

t. Asbestos, Lead or Silica

“Bodily injury” or “property damage” arising out of, or resulting from, or in any way related to the disposal, distribution, existence, handling, ingestion, inhalation, sale, storage, shipping, transportation or use of any:

(1) Asbestos in any form or of any type, or materials or equipment containing any form or type of asbestos; or

(2) Lead or lead paint, or any material containing lead in any form; or

(3) Silica or any material containing silica in any form or a compound containing silica.

u. Mold, Fungi, Virus, Bacteria, Air Quality, Contaminants, Minerals or Other Harmful Materials

(1) “Bodily injury”, or “property damage” arising out of, caused by, or contributed to in any way by the existence, growth, spread, dispersal, release, or escape of any mold, fungi, lichen, virus, bacteria, algae, or other growing organism that has toxic, hazardous, noxious, pathogenic, irritating or allergen qualities or characteristics. This exclusion applies to all such “claims” or causes of action, including allegations that any insured caused or contributed to conditions that encouraged the growth, depositing or establishment of such colonies of mold, lichen, fungi, virus, bacteria, algae, or other living or dead organism; or

(2) “Bodily injury” or “property damage” arising out of, caused by, or alleged to be contributed to in any way by the presence of any toxic, hazardous, noxious, irritating, pathogenic or allergen substances in indoor air even for a very brief period of time, regardless of cause; or

(3) “Bodily injury”, or “property damage” arising out of, caused by, or alleged to be contributed to in any way by any insured’s use, sale or installation of any substance, material, or other product that is either alleged or deemed to be hazardous, toxic, irritating, pathogenic or noxious in any way, or contributes in any way to an allergic reaction; or

(4) “Bodily injury” or “property damage” arising out of, caused by, or alleged to be contributed to in any way by toxic or hazardous properties of minerals or other substances.

v. Professional Liability

“Bodily injury” or “property damage” arising out of the rendering of or failure to render any “professional services” by or for any Insured including:

(1) The preparing, approving or failure to prepare or approve any maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or

(2) Supervisory, inspection or engineering services.

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 rendering of or failure to render any professional services by you or on your behalf with respect to the operations described above.

w. Insured Versus Insured

“Claims” or “suits” brought by any insured against any other insured qualifying as an insured in paragraph 1. of Section II – Who Is An Insured., including all “defense expenses” or damages incurred in connection with such “claims” or “suits” by any insured qualifying as an insured in paragraph

1. of Section II – Who Is An Insured.

x. Waste Facility

“Bodily injury” or “property damage” arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of “pollutants” from a “waste facility”.

ENV 0001 0319 Page 6 of 32

y. Work Or Premises Specifically Insured Elsewhere

“Claims”, “defense expenses”, damages, demands, requests for defense, payment or any other cost arising out of, caused by or occurring at premises or “your work” covered under any insurance purchased by you or others on your behalf specifically for that premises or project under a Consolidated Insurance Program (CIP), Owner- Controlled Insurance Program (OCIP), Contractor- Controlled Insurance Program (CCIP), Wrap-Up or similar insurance program.

z. Employment Related Practices

“Bodily injury” to:

(1) Any person arising out of any:

(a) Refusal to employ that person; or

(b) Termination of that person’s employment;

or

(c) Refusal or failure to give a good reference or the giving of a bad reference of any kind;

or

(d) Employment related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at that person.

(2) The spouse, child, parent or sibling of that person as a consequence of “bodily injury” to that person at whom any of the employment related practices described in paragraphs (a), (b), (c) or (d) above is directed.

This exclusion applies:

(1) Whether the injury-causing event described in paragraphs (a), (b), (c) or (d) above occurs before employment, during employment or after employment of that person; and

(2) Whether the insured may be liable as an employer or in any other capacity; and

(3) To any obligation to share damages with or repay someone else who must pay damages because of the “bodily injury”.

aa. Abuse Or Molestation

“Bodily injury” arising out of:

(1) The actual or threatened abuse or molestation by anyone of any person while in the care, custody or control of any insured, or

(2) The negligent:

(a) Employment;

(b) Investigation;

(c) Supervision;

(d) Reporting to the proper authorities, or failure to so report; or

(e) Retention;

of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by paragraph (1) above.

Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III. Limits Of Insurance And Deductibles.

3. SUPPLEMENTARY PAYMENTS – COVERAGE A -

BODILY INJURY AND PROPERTY DAMAGE

LIABILITY

a. We will pay, with respect to any “claim” we investigate or settle, or any “suit” against an insured we defend:

(1) All expenses we incur.

(2) Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which this Coverage A applies. We do not have to furnish these bonds.

(3) The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds.

(4) 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 $250 a day because of time off from work.

(5) 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.

(6) 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.

(7) All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance.

These Supplementary Payments will not reduce the limits of insurance.

b. If we defend an insured against a “suit” and an indemnitee of the insured is also named as a party to the “suit”, we will defend that indemnitee if all of the following conditions are met:

(1) The “suit” against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an “insured contract”; and

ENV 0001 0319 Page 7 of 32

(2) This insurance applies to such liability assumed by the insured; and

(3) The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same “insured contract”; and

(4) The allegations in the “suit” and the information we know about the “occurrence” are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; and

(5) The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such “suit” and agree that we can assign the same counsel to defend the insured and the indemnitee; and

(6) The indemnitee:

(a) Agrees in writing to:

i Cooperate with us in the investigation, settlement or defense of the “suit”; and ii Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the “suit”; and iii Notify any other insurer whose coverage is available to the indemnitee;

and iv Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and

(b) Provides us with written authorization to:

i Obtain records and other information related to the “suit”; and ii Conduct and control the defense of the indemnitee in such “suit”.

So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments.

Notwithstanding the provisions of paragraph 2.b.(2) of Section I Coverages, Coverage A Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for “bodily injury” and “property damage” and will not reduce the limits of insurance.

Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above, or the terms of the agreement described in paragraph b.

(6) above, are no longer met.

COMMERCIAL GENERAL LIABILITY COVERAGE B -

PERSONAL AND ADVERTISING INJURY LIABILITY

1. Insuring Agreement

a. We will pay those sums that the insured becomes legally obligated to pay as damages because of “personal and advertising injury” to which this insurance applies. We will have the right and duty to defend the insured against any “suit” seeking those damages.

However, we will have no duty to defend the insured against any “suit” seeking damages for “personal and advertising injury” to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any “claim” or “suit” that may result. But:

(1) The amount we will pay for damages is limited as described in Section III – Limits Of Insurance and Deductible; and

(2) Our right and duty to defend end when we have used up the applicable limit of insurance alone or in any combination in the payment of:

(a) Judgments or settlements under Coverages A, B, D, E, F or G; and

(b) “Clean-up costs” under Coverage D, E, F or G; and

(c) “Defense expenses” incurred under Coverage E, F or G; and

(d) Medical payments under Coverage C.

No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under item 3. Supplementary Payments – Coverage B. – Personal and Advertising Injury Liability.

b. This insurance applies to “personal and advertising injury” caused by an offense arising out of your business but only if the offense was committed in the “coverage territory” during the “policy period”.

2. Exclusions

This insurance does not apply to:

a. Knowing Violation Of Rights Of Another

“Personal and advertising injury” caused by or at the direction of any insured with the knowledge that the act would violate the rights of another and would inflict “personal and advertising injury”.

b. Material Published With Knowledge Of Falsity

“Personal and advertising injury” arising out of oral or written publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity.

c. Material Published Prior To Policy Period

“Personal and advertising injury” arising out of oral or written publication, in any manner, of material whose first publication took place before the beginning of the “policy period”.

ENV 0001 0319 Page 8 of 32

d. Criminal Acts

“Personal and advertising injury” arising out of a criminal act committed by or at the direction of the insured.

e. Contractual Liability

“Personal and advertising injury” for which the insured has assumed 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.

f. Breach Of Contract

“Personal and advertising injury” arising out of a breach of contract.

g. Quality Or Performance Of Goods – Failure To Conform To Statements

“Personal and advertising injury” arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your “advertisement”.

h. Wrong Description Of Prices

“Personal and advertising injury” arising out of the wrong description of the price of goods, products or services stated in your “advertisement”.

i. Infringement Of Copyright, Patent, Trademark Or Trade Secret

“Personal and advertising injury” arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights.

j. Insureds In Media And Internet Type Businesses

“Personal and advertising injury” committed by an insured whose business is:

(1) Advertising, broadcasting, publishing or telecasting; or

(2) Designing or determining content of web-sites for others; or

(3) An Internet search, access, content or service provider.

k. Electronic Chatrooms Or Bulletin Boards

“Personal and advertising injury” arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control.

l. Unauthorized Use Of Another's Name Or Product

“Personal and 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.

m. Pollution

“Personal and advertising injury” arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of “pollutants” at any time.

n. Pollution-Related

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, “pollutants”; or

(2) “Claim” or “suit” by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, “pollutants”.

o. War

“Personal and advertising injury”, however caused, arising, directly or indirectly, out of:

(1) War, including undeclared or civil war;

(2) 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

(3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these.

p. Distribution Of Material In Violation Of Statutes

“Personal and advertising injury” arising directly or indirectly out of any action or omission that violates or is alleged to violate:

(1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or

(2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or

(3) The Fair Credit Reporting Act (FCRA), and any amendment or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or

(4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information.

ENV 0001 0319 Page 9 of 32

q. Abuse Or Molestation

“Personal and advertising injury” arising out of:

(1) The actual or threatened abuse or molestation by anyone of any person while in the care, custody or control of any insured, or

(2) The negligent:

(a) Employment;

(b) Investigation;

(c) Supervision;

(d) Reporting to the proper authorities, or failure to so report; or

(e) Retention;

of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by paragraph (1) above.

r. Employment Related Practices

“Claims” arising out of “personal and advertising injury” to:

(1) Any person arising out of any:

(a) Refusal to employ that person; or

(b) Termination of that person’s employment;

or

(c) Refusal or failure to give a good reference or the giving of a bad reference of any kind;

or

(d) Employment related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at that person.

(2) The spouse, child, parent or sibling of that person as a consequence of “personal and advertising injury” to that person at whom any of the employment related practices described in paragraphs (a), (b), (c) or (d) above is directed.

This exclusion applies:

(1) Whether the injury-causing event described in paragraphs (a), (b), (c) or (d) above occurs before employment, during employment or after employment of that person; and

(2) Whether the insured may be liable as an employer or in any other capacity; and

(3) To any obligation to share damages with or repay someone else who must pay damages because of the “personal and advertising injury”.

s. Professional Liability

“Personal and advertising injury” arising out of the rendering or failure to render any “professional services” by or for any insured including:

(1) The preparation, approving, or failure to prepare or approve any maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or

(2) Supervisory, inspection or engineering services.

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 offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you or on your behalf with respect to the operations described above.

t. Insured Versus Insured

“Claims” or “suits” brought by any insured against any other insured qualifying as an insured in paragraph 1. of Section II – Who Is An Insured., including all “defense expenses” or damages incurred in connection with such “claims” or “suits” by any insured qualifying as an insured in paragraph

1. of Section II – Who Is An Insured.

3. SUPPLEMENTARY PAYMENTS – COVERAGE B -

PERSONAL AND ADVERTISING INJURY LIABILITY

We will pay, with respect to any “claim” we investigate or settle, or any “suit” against an insured we defend:

a. All expenses we incur.

b. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which this Coverage B applies.

We do not have to furnish these bonds.

c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds.

d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the “claim” or “suit”, including actual loss of earnings up to $250 a day because of time off from work.

e. 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.

f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer.

g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance.

These Supplementary Payments will not reduce the limits of insurance.

ENV 0001 0319 Page 10 of 32

COVERAGE C - MEDICAL PAYMENTS

1. Insuring Agreement

a. We will pay medical expenses as described below for “bodily injury” caused by an accident:

(1) On premises you own or rent; or

(2) On ways next to premises you own or rent; or

(3) Because of the insured’s “covered operations”;

provided that:

(a) The accident takes place in the “coverage territory” and during the “policy period”; and

(b) The expenses are incurred and reported to us within one year of the date of the accident; and

(c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require.

b. We will make these payments regardless of fault.

These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for:

(1) First aid administered at the time of an accident;

(2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and

(3) Necessary ambulance, hospital, professional nursing and funeral services.

2. Exclusions

We will not pay expenses for “bodily injury”:

a. Any Insured

To any insured, except…

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