ACCEPTED CTR066174 GL,AL, WC 01.01.23 - 01.01.24.pdf
PDF 20 MB Posted
- Attached to
- Master Agreement AZ|CTR066174
- Contract number
- CTR066174
- Issued by
- Arizona
About this file
This document is a comprehensive insurance policy package for Kittelson & Associates, Inc., issued by multiple insurance carriers including Hanover Insurance Company, Hanover American Insurance Company, XL Specialty Insurance Company, and Allmerica Financial Benefit Insurance Company. The policies cover various insurance needs across multiple states, including Arizona, with the primary contract being for an Arizona Department of Transportation (ADOT) Transportation Research On-Call project (Solicitation No: BPM005129P). The insurance package includes Commercial General Liability, Automobile Liability, Workers' Compensation, Professional Liability, and Business Auto Coverage, with effective dates from 01/01/2023 to 01/01/2024.
The insurance policies provide comprehensive coverage for Kittelson & Associates' professional services, with key highlights including a $1,000,000 per occurrence general liability limit, $5,000,000 professional liability limit (including pollution coverage), and workers' compensation coverage. The policies are specifically tailored for the ADOT Transportation Research On-Call contract, with additional insured status granted to the State of Arizona and its departments, agencies, and employees. The coverage includes provisions for primary and non-contributory status, waiver of subrogation, and broad additional insured endorsements. The policies also cover technology services, professional services, and provide protection for various operational risks associated with the firm's consulting and engineering work.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| CTR066174 Post Award Agenda.docx | DOCX document | |
| CTR066174 Post Award Meeting Sign-In Sheet.docx | DOCX document | |
| ACCEPTED ANY_ALL GL,AL,WC,PROFESSIONAL LIAB 01.01.24-01.01.25.pdf | ||
| CTR066174 Usage Report - Services 2025 Q1 (1).xlsx | XLSX spreadsheet | |
| CTR066174_Contract_Amendment_Summary_One__1_.pdf | ||
| CTR066174_Contract_Documents.pdf | ||
| CTR066174_Pricing.xlsx | XLSX spreadsheet | |
| ACCEPTED_CTR066174_GL_AL_WC_PROF_LIAB_01.01.25-01.01.26.pdf | ||
| CTR066174_Contract_Amendment_Summary_Two__2_.pdf |
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Text version
INSR ADDL SUBR
LTR INSR WVD
DATE (MM/DD/YYYY)
PRODUCER CONTACT
NAME:
FAXPHONE
(A/C, No):(A/C, No, Ext):
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER
POLICY EFF POLICY EXP
TYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)
COMMERCIAL GENERAL LIABILITY
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
INSURER(S) AFFORDING COVERAGE NAIC #
Y / N
N / A (Mandatory in NH)
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
EACH OCCURRENCE $
DAMAGE TO RENTED
$PREMISES (Ea occurrence)CLAIMS-MADE OCCUR
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG $
PRO-
OTHER:
LOCJECT
COMBINED SINGLE LIMIT
$(Ea accident)
BODILY INJURY (Per person) $ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS
AUTOS ONLY
HIRED PROPERTY DAMAGE $
AUTOS ONLY (Per accident)
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below
POLICY
NON-OWNED
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
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.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03)
ACORDTM CERTIFICATE OF LIABILITY INSURANCE
Hanover Insurance Company
Hanover American Insurance Company
XL Specialty Insurance Company
Allmerica Financial Benefit Ins. Co.
6/23/2023
USI Insurance Services NW PR 601 Union Street, Suite 1000 Seattle, WA 98101
Please See Below:
206 441-6300 610-362-8530
Seattle.PLCertRequest@usi.com
Kittelson & Associates, Inc.
851 SW 6th Avenue, Suite 600 Portland, OR 97204
22292 36064 37885 41840
A X X
X Stop Gap
X
X X ZH2D78128004 01/01/2023 01/01/2024 1,000,000
100,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000Stop Gap
D X
X X
X X AW2D78128705 01/01/2023 01/01/2024 1,000,000
B
N
X WM2D78128904 01/01/2023 01/01/2024 X
1,000,000
1,000,000 1,000,000
C Professional Liability Incl. Pollution
X DPR5006540 01/01/2023 01/01/2024 $5,000,000 per claim $5,000,000 annl aggr.
**Please Note: The limits shown above may not represent the full limits of coverage carried by the Named Insured, but are shown as evidence that coverage is carried with limits at least as high as is required by contract.**
RE: KAI PN 28854 - ADOT Transportation Research On-Call (Solicitation No: BPM005129P) (See Attached Descriptions)
Arizona Department of Transportation 1655 W. Jackson St., MD 100P Phoenix, AZ 85007
#S40510455/M40510428
KITTEASCClient#: 763494
HXPJU
#S40510455/M40510428 e6906 Accepted
SAGITTA 25.3 (2016/03)
DESCRIPTIONS (Continued from Page 1) The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement that provides Additional Insured status to State of Arizona, and its departments, agencies, boards, commissions,universities, officers, officials, agents, and employees, only with regard to work performed by or on behalf of the named insured. The General Liability and Automobile Liability policies contains a special endorsement with Primary and Noncontributory wording, when required by written contract.
The General Liability, Automobile Liability, Workers Compensation and Professional Liability policies provides a Waiver of Subrogation when required by written contract. The General Liability, Automobile Liability, Workers Compensation and Professional Liability policies includes an endorsement providing that 30 days notice of cancellation will be given to the Certificate Holder by the Insurance Carrier.
#S40510455/M40510428
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL GENERAL LIABILITY BROADENING ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SUMMARY OF COVERAGES
1. Additional Insured by Contract, Agreement or Permit Included
2. Additional Insured – Primary and Non-Contributory Included
3. Blanket Waiver of Subrogation Included
4. Bodily Injury Redefined Included
5. Broad Form Property Damage – Borrowed Equipment, Customers Goods & Use of Elevators Included
6. Knowledge of Occurrence Included
7. Liberalization Clause lncluded
8. Medical Payments – Extended Reporting Period Included
9. Newly Acquired or Formed Organizations - Covered until end of policy period Included
10. Non-owned Watercraft 51 ft.
11. Supplementary Payments Increased Limits
- Bail Bonds $2,500
- Loss of Earnings $1000
12. Unintentional Failure to Disclose Hazards Included
13. Unintentional Failure to Notify Included
This endorsement amends coverages provided under the Commercial General Liability Coverage Part through new coverages, higher limits and broader coverage grants.
1. Additional Insured by Contract, Agreement or Permit The following is added to SECTION II – WHO IS
AN INSURED:
Additional Insured by Contract, Agreement or Permit
a. Any person or organization with whom you agreed in a written contract, written agreement or permit that such person or organization to add an additional insured on your policy 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 your acts or omissions, or the acts or omissions of those acting on your behalf, but only with respect to:
(1) "Your work" for the additional insured(s) designated in the contract, agreement or permit;
(2) Premises you own, rent, lease or occupy;
or
(3) Your maintenance, operation or use of equipment leased to you.
b. The insurance afforded to such additional insured described above:
(1) Only applies to the extent permitted by law; and
(2) Will not be broader than the insurance which you are required by the contract, agreement or permit to provide for such additional insured.
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(3) Applies on a primary basis if that is required by the written contract, written agreement or permit.
(4) Will not be broader than coverage provided to any other insured.
(5) Does not apply if the “bodily injury”, “property damage” or “personal and advertising injury” is otherwise excluded from coverage under this Coverage Part, including any endorsements thereto.
c. This provision does not apply:
(1) Unless the written contract or written agreement was executed or permit was issued prior to the "bodily injury”, “property damage", or "personal injury and advertising injury".
(2) To any person or organization included as an insured by another endorsement issued by us and made part of this Coverage Part.
(3) To any lessor of equipment:
(a) After the equipment lease expires; or
(b) If the “bodily injury”, “property damage”, “personal and advertising injury” arises out of sole negligence of the lessor
(4) To any:
(a) Owners or other interests from. whom land has been leased which takes place after the lease for the land ex-pires; or
(b) Managers or lessors of premises if:
(i) The occurrence takes place after you cease to be a tenant in that premises; or
(ii) The "bodily injury", "property damage", "personal injury" or "advertising injury" arises out of structural alterations, new con-struction or demolition operations performed by or on behalf of the manager or lessor.
(5) To “bodily injury”, “property damage” or “personal and advertising injury” arising out of the rendering of or the failure to render any professional 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” or the offense which caused the “personal and advertising injury” involved the rendering of or failure to render any professional services by or for you.
d. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III – LIMITS OF
INSURANCE:
The most we will pay on behalf of the additional insured for a covered claim is the lesser of the amount of insurance:
1. Required by the contract, agreement or permit described in Paragraph a.; or
2. Available under the applicable Limits of
Insurance shown in the Declarations.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
2. Additional Insured – Primary and Non- Contributory The following is added to SECTION IV –
COMMERCIAL GENERAL LIABILITY
CONDITIONS, Paragraph 4. Other insurance:
Additional Insured – Primary and Non- Contributory If you agree in a written contract, written agreement or permit that the insurance provided to any person or organization included as an Additional Insured under SECTION II – WHO IS AN INSURED, is primary and non-contributory, the following applies:
If other valid and collectible insurance is available to the Additional Insured for a loss covered under Coverages A or B of this Coverage Part, our obligations are limited as follows:
a. Primary Insurance
This insurance is primary to other insurance that is available to the Additional Insured which covers the Additional Insured as a Named Insured. We will not seek contribution from any other insurance available to the Additional Insured except:
(1) For the sole negligence of the Additional
Insured;
(2) When the Additional Insured is an
Additional Insured under another primary liability policy; or
(3) when b. below applies.
If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below.
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b. Excess Insurance
(1) This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis:
(a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work";
(b) That is Fire insurance for premises rented to the Additional Insured or temporarily occupied by the Additional Insured with permission of the owner;
(c) That is insurance purchased by the Additional Insured to cover the Additional Insured’s liability as a tenant for "property damage" to premises rented to the Additional Insured or temporarily occupied by the Additional with permission of the owner; or
(d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION I –
COVERAGE A – BODILY INURY
AND PROPERTY DAMAGE
LIABILITY.
(2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers.
(3) When this insurance is excess over other Insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
(a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and
(b) The total of all deductible and self insured amounts under all that other insurance.
We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part.
c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers
3. Blanket Waiver of Subrogation The following is added to SECTION IV –
COMMERCIAL GENERAL LIABILITY
CONDITIONS, Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us:
We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damage under this coverage form. The damage must arise out of your activities under a written contract with that person or organization. This waiver applies only to the extent that subrogation is waived under a written contract executed prior to the “occurrence” or offense giving rise to such payments.
4. Bodily Injury Redefined SECTION V – DEFINITIONS, Definition 3. “bodily injury” is replaced by the following:
3. “Bodily injury” means bodily injury, sickness or disease sustained by a person including death resulting from any of these at any time. “Bodily injury” includes mental anguish or other mental injury resulting from “bodily injury”.
5. Broad Form Property Damage – Borrowed Equipment, Customers Goods, Use of Elevators
a. SECTION I – COVERAGES, COVERAGE A –
BODILIY INJURY AND PROPERTY
DAMAGE LIABILITY, Paragraph 2.
Exclusions subparagraph j. is amended as follows:
Paragraph (4) does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations.
Paragraphs (3), (4) and (6) do not apply to "property damage" to "customers goods" while on your premises nor do they apply to the use of elevators at premises you own, rent, lease or occupy.
b. The following is added to SECTION V –
DEFINTIONS:
24. "Customers goods" means property of your customer on your premises for the purpose of being:
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a. worked on; or
b. used in your manufacturing process.
c. The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured whether primary, excess, contingent
6. Knowledge of Occurrence The following is added to SECTION IV –
COMMERCIAL GENERAL LIABILITY
CONDITIONS, Paragraph 2. Duties in the Event of Occurrence, Offense, Claim or Suit:
e. Notice of an "occurrence", offense, claim or
"suit" will be considered knowledge of the insured if reported to an individual named insured, partner, executive officer or an "employee" designated by you to give us such a notice.
7. Liberalization Clause The following is added to SECTION IV –
COMMERCIAL GENERAL LIABILITY
CONDITIONS:
Liberalization Clause If we adopt any revision that would broaden the coverage under this Coverage Form without additional premium, within 45 days prior to or during the policy period, the broadened coverage will immediately apply to this Coverage Part.
8. Medical Payments – Extended Reporting Period
a. SECTION I – COVERAGES, COVERAGE C –
MEDICAL PAYMENTS, Paragraph 1.
Insuring Agreement, subparagraph a.(3)(b) is replaced by the following:
(b) The expenses are incurred and reported to us within three years of the date of the accident; and
b. This coverage does not apply if COVERAGE C – MEDICAL PAYMENTS is excluded either by the provisions of the Coverage Part or by endorsement.
9. Newly Acquired Or Formed Organizations SECTION II – WHO IS AN INSURED, Paragraph 3.a. is replaced by the following:
a. Coverage under this provision is afforded until the end of the policy period.
10. Non-Owned Watercraft
SECTION I – COVERAGES, COVERAGE A
BODILY INJURY AND PROPERTY DAMAGE
LIABILITY, Paragraph 2. Exclusions, subparagraph g.(2) is replaced by the following:
g. Aircraft, Auto Or Watercraft
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used to carry persons or property for a charge;
This provision applies to any person who, with your consent, either uses or is responsible for the use of a watercraft.
11. Supplementary Payments Increased Limits
SECTION I – SUPPLEMENTARY PAYMENTS
COVERAGES A AND B, Paragraphs 1.b. and 1.d. are replaced by the following:
1.b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies.
We do not have to furnish these bonds.
1.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 $1000 a day because of time off from work.
12. Unintentional Failure to Disclose Hazards The following is added to SECTION IV –
COMMERCIAL GENERAL LIABILITY
CONDITIONS, Paragraph 6. Representations:
We will not disclaim coverage under this Coverage Part if you fail to disclose all hazards existing as of the inception date of the policy provided such failure is not intentional.
13. Unintentional Failure to Notify The following is added to SECTION IV –
COMMERCIAL GENERAL LIABILITY
CONDITIONS, Paragraph 2. Duties in the Event of Occurrence, Offense, Claim or Suit:
Your rights afforded under this policy shall not be prejudiced if you fail to give us notice of an "occurrence", offense, claim or "suit", solely due to your reasonable and documented belief that the "bodily injury" or "property damage" is not covered under this policy.
ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED.
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COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SUMMARY OF COVERAGES
1. Additional Insured – Broad Form Vendors Included
2. Aggregate Limit per Location Included
3. Alienated Premises Included
4. Broad Form Named Insured Included
5. Extended Property Damage Included
6. Incidental Malpractice (Employed nurses, EMT’s & paramedics) Included
7. Mobile Equipment Redefined Included
8. Personal Injury – Broad Form Included
9. Product Recall Expense
- Product Recall Expense Each Occurrence Limit $25,000
- Product Recall Expense Aggregate Limit $50,000
- Product Recall Deductible $500
10. Property Damage Legal Liability – Broad Form
- Fire, Lightning, Explosion, Smoke and Leakage from Fire Protective Systems
Damage Limit $1,000,000
This endorsement amends coverages provided under the Commercial General Liability Coverage Part through new coverages, higher limits and broader coverage grants.
1. Additional Insured – Broad Form Vendors The following is added to SECTION II – WHO IS
AN INSURED:
Additional Insured – Broad Form Vendors
a. Any person or organization that is a vendor with whom you agreed in a written contract or written agreement to include as an additional insured under this Coverage Part is an insured, but only with respect to liability for “bodily injury” or “property damage” arising out of “your products” which are distributed or sold in the regular course of the vendor’s business.
b. The insurance afforded to such vendor described above:
(1) Only applies to the extent permitted by law;
(2) Will not be broader than the insurance which you are required by the contract or agreement to provide for such vendor;
(3) Will not be broader than coverage provided to any other insured; and
(4) Does not apply if the “bodily injury”, “property damage” or “personal and advertising injury” is otherwise excluded from coverage under this Coverage Part, including any endorsements thereto
c. With respect to insurance afforded to such vendors, the following additional exclusions apply:
The insurance afforded to the vendor does not apply to:
(1) “Bodily injury” or “property damage” for which the vendor is obligated to pay damages by reasons of the assumption of liability in a contract or agreement.
This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement;
(2) Any express warranty unauthorized by you;
(3) Any physical or chemical change in the product made intentionally by the vendor;
(4) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, 421-2916 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 6 testing, or the substitution of parts under instruction from the manufacturer, and then repackaged in the original container;
(5) Any failure to make such inspection, 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;
(6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product;
(7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor;
(8) “Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
(a) The exceptions contained within the exclusion in subparagraphs (4) or (6) above; or
(b) 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 distribution or sale of the products.
(9) “Bodily injury” or “property damage” arising out of an “occurrence” that took place before you have signed the contract or agreement with the vendor.
(10) To any person or organization included as an insured by another endorsement issued by us and made part of this Coverage Part.
(11) Any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products.
d. With respect to the insurance afforded to these vendors, the following is added to
SECTION III – LIMITS OF INSURANCE:
The most we will pay on behalf of the vendor for a covered claim is the lesser of the amount of insurance:
1. Required by the contract or agreement described in Paragraph a.; or
2. Available under the applicable Limits of Insurance shown in the Declarations;
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
2. Aggregate Limit Per Location
a. SECTION III – LIMITS OF INSURANCE, the
General Aggregate Limit applies separately to each of your "locations" owned by or rented to you.
b. For purpose of this coverage only, the following is added to SECTION V –
DEFINITIONS:
"Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a rail-road.
3. Alienated Premises
SECTION I – COVERAGES, COVERAGE A –
BODILY INJURY AND PROPERTY DAMAGE
LIABILITY, Paragraph 2. Exclusions, subparagraph j.(2) is replaced by the following:
(2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises and occurred from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned.
4. Broad Form Named Insured If you are designated in the Declarations as anything other than an individual, then any organization:
a. Over which you maintained a combined ownership interest of more than 50% on the effective date of this policy;
b. That is not a partnership, joint venture or limited liability company; and
c. That is not excluded by any endorsement to this policy, will qualify as a Named Insured if there is no other similar insurance available to that organization, or that would be available but for exhaustion of its limits.
Any such organization will cease to qualify as a Named Insured as of the date during the policy period when the combined ownership interest of the Named Insureds in the organization equals or falls below 50%.
5. Extended Property Damage
SECTION I – COVERAGES, COVERAGE A –
BODILY INJURY AND PROPERTY DAMAGE
LIABILITY, Paragraph 2. Exclusions, subparagraph a. is replaced by the following:
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a. Expected Or Intended Injury Bodily injury” or “property damage” expected or intended from the standpoint of the insured. This exclusion does not apply to “bodily injury” or “property damage” resulting from the use of reasonable force to protect persons or property.
6. Incidental Malpractice – Employed Nurses, EMT's and Paramedics SECTION II – WHO IS AN INSURED, paragraph 2.a.(1)(d) does not apply to a nurse, emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services.
7. Mobile Equipment Redefined SECTION V – DEFINITIONS, Definition 12.
“Mobile Equipment”, paragraph f.(1) does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight.
8. Personal Injury – Broad Form
a. SECTION I – COVERAGES, COVERAGE B
– PERSONAL AND ADVERTISING INJURY
LIABILITY, Paragraph 2. Exclusions, subparagraph e. is deleted.
b. SECTION V – DEFINITIONS, Definition 14, “Personal and advertising injury” subparagraph b. is replaced by the following:
b. Malicious prosecution or abuse of process.
c. The following is added to SECTION V –
DEFINITIONS, Definition 14. “Personal and advertising injury”:
“Discrimination” (unless insurance thereof is prohibited by law) that results in injury to the feelings or reputation of a natural person, but only if such “discrimination” is:
(1) Not done intentionally by or at the direction of:
(a) The insured;
(b) Any officer of the corporation, director, stockholder, partner or member of the insured; and
(2) Not directly or indirectly related to an "employee", not to the employment, prospective employment or termination of any person or persons by an insured.
d. The following is added to SECTION V –
DEFINITIONS:
“Discrimination” means the unlawful treatment of individuals based upon race, color, ethnic origin, gender, religion, age, or sexual preference. “Discrimination” does not include the unlawful treatment of individuals based upon developmental, physical, cognitive, mental, sensory or emotional impairment or any combination of these.
e. This coverage does not apply if COVERAGE
B – PERSONAL AND ADVERTISING
INJURY LIABILITY is excluded either by the provisions of the Coverage Form or by endorsement.
9. Product Recall Expense
a. SECTION I – COVERAGES, COVERAGE A
– BODILY INJURY AND PROPERTY
DAMAGE LIABILITY, Paragraph 2.
Exclusions, subparagraph n. is replaced by the following:
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, but this exclusion does not apply to "product recall expenses" that you incur for the "covered recall" of "your product".
However, this exception to the exclusion does not apply to “product recall expenses” resulting solely from:
(4) Failure of any products to accomplish their intended purpose;
(5) Breach of warranties of fitness, quality, durability or performance;
(6) Loss of customer approval, or any cost incurred to regain customer approval;
(7) Redistribution or replacement of “your product” which has been recalled by like products or substitutes;
(8) Caprice or whim of the insured;
(9) A condition likely to cause loss of which any insured knew or had reason to know at the inception of this insurance;
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(10) Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials;
(11) Recall of "your products” that have no known or suspected defect solely because a known or suspected defect in another of "your products" has been found.
b. The following is added to SECTION II – WHO IS AN INSURED, Paragraph 3.
COVERAGE A does not apply to "product recall expense" arising out of any withdrawal or recall that occurred before you acquired or formed the organization.
c. For the purposes of this endorsement only, the following is added to SECTION III –
LIMITS OF INSURANCE:
Product Recall Expense Limits of Insurance
a. The Limits of Insurance shown in the
SUMMARY OF COVERAGES of this endorsement and rules stated below fix the most we will pay under this Product Recall Expense Coverage regardless of the number of:
(1) Insureds:
(2) “Covered Recalls” initiated: or
(3) Number of “your products” withdrawn.
b. The Product Recall Expense Aggregate
Limit is the most we will reimburse you for the sum of all “product recall expenses” incurred for all “covered recalls” initiated during the policy period.
c. The Product Recall Expense Each Occurrence Limit is the most we will pay in connection with any one defect or deficiency.
d. All “product recall expenses” in connection with substantially the same general harmful condition will be deemed to arise out of the same defect or deficiency and considered one “occurrence”.
e. Any amount reimbursed for “product recall expenses” in connection with any one “occurrence” will reduce the amount of the Product Recall Expense Aggregate Limit available for reimbursement of “product recall expenses” in connection with any other defect or deficiency.
f. If the Product Recall Expense Aggregate Limit has been reduced by reimbursement of “product recall expenses” to an amount that is less than the Product Recall Expense Each Occurrence Limit, the remaining Product Recall Expense Aggregate Limit is the most that will be available for reimbursement of “product recall expenses” in connection with any other defect or deficiency.
g. Product Recall Deductible We will only pay for the amount of "product recall expenses" which are in excess of the $500 Product Recall Deductible. The Product Recall Deductible applies separately to each "covered recall". The limits of insurance will not be reduced by the amount of this deductible.
We may, or will if required by law, pay all or any part of any deductible amount, if applicable. Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid.
The Product Recall Expense Limits of Insurance apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months.
In that case, the additional period will be deemed part of the last preceding period for the purposes of determining the Limits of Insurance.
d. The following is added to SECTION IV –
COMMERCIAL GENERAL LIABILITY
CONDITIONS, Paragraph 2. Duties in the Event of Occurrence, Offense, Claim or Suit:
You must take the following actions in the event of an actual or anticipated "covered recall" that may result in "product recall expense":
(1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled, including a description of "your product" and the reason for the withdrawal or recall; and
(2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance.
421-2916 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 6
e. The following definitions are added to
SECTION V – DEFINITIONS:
"Covered recall,” means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product" has resulted or will result in "bodily injury" or "property damage".
"Product recall expense" means:
a. Necessary and reasonable expenses for:
(1) Communications, including radio or television announcements or printed advertisements including stationery, envelopes and postage;
(2) Shipping the recalled products from any purchaser, distributor or user to the place or places designated by you;
(3) Remuneration paid to your regular "employees" for necessary overtime;
(4) Hiring additional persons, other than your regular "employees";
(5) Expenses incurred by "employees" including transportation and ac-commodations;
(6) Expenses to rent additional ware-house or storage space;
(7) Disposal of “your product”, but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid “bodily injury” or “property damage” as a result of such disposal;
You incur exclusively for the purpose of recalling “your product”; and
b. Your lost profit resulting from such “covered recall”.
f. This Product Recall Expense Coverage does not apply:
(1) If the “products – completed operations hazard” is excluded from coverage under this Coverage Part including any endorsement thereto; or
(2) To “product recall expense” arising out of any of “your products” that are otherwise excluded from coverage under this Coverage Part including endorsements thereto.
10. Property Damage Legal Liability – Broad Form
a. SECTION I – COVERAGES, COVERAGE A
– BODILY INJURY AND PROPERTY
DAMAGE LIABILITY, the last paragraph (after the exclusions) is replaced by the following:
Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from fire protective systems to premises while 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.
b. SECTION III – LIMITS OF INSURANCE, Paragraph 6. is replaced by the following:
6. Subject to Paragraph 5. above, The
Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A for damages because of "property damage" to any one premises from fire, lightning, explosion, smoke and leakage from fire protective systems to premises, while rented to you or temporarily occupied by you with permission of the owner.
The Damage to Premises Rented to You Limit is the higher of:
a. $1,000,000; or
b. The Damage to Premises Rented to
You Limit shown in the Declarations.
This limit will apply to all damage caused by the same event, whether such damage results from fire, lightning, explosion, smoke, leakage from fire protective systems or any combination of any of these.
c. SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4.
Other Insurance, subparagraph b. Excess Insurance, item (a)(ii) is replaced by the following:
(ii) That is fire, lightning, explosion, smoke or leakage from fire protective systems insurance for premises rented to you or temporarily occupied by you with permission of the owner; or
d. SECTION V – DEFINITIONS, Definition 9.
"Insured contract", Paragraph a. is replaced by 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, explosion, smoke or leakage from fire protective systems to
421-2916 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 6 premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract".
e. This coverage does not apply if Damage to Premises Rented to You is excluded either by the provisions of the Coverage Part or by endorsement.
ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED.
ZH2 D781280 04 0901120
CONTRACTUAL LIABILITY – RAILROADS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
POLICY NUMBER: ZH2 D781280 04 COMMERCIAL GENERAL LIABILITY
CG 24 17 10 01
CG 24 17 10 01 © ISO Properties, Inc., 2000 Page 1 of 1
Scheduled Railroad: Designated Job Site:
as required by written contract agreement or permit as required by written contract agreement or permit
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement)
With respect to operations performed for, or affecting, a Scheduled Railroad at a Designated Job Site, the definition of "insured contract" in the Definitions sec-tion is replaced by the following:
9. "Insured Contract" means:
a. A contract for a lease of premises. However, that portion of the contract for a lease of prem-ises that indemnifies any person or organiza-tion for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured con-tract";
b. A sidetrack agreement;
c. Any easement or license agreement;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to your business (including an in-demnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property dam-age" to a third person or organization. Tort li-ability means a liability that would be imposed by law in the absence of any contract or agreement.
Paragraph f. does not include that part of any contract or agreement:
(1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a) Preparing, approving or failing to pre-pare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifi-cations; or
(b) Giving directions or instructions, or fail-ing to give them, if that is the primary cause of the injury or damage;
(2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the in-sured's rendering or failure to render pro-fessional services, including those listed in Paragraph (1) above and supervisory, in-spection, architectural or engineering activi-ties.
NOTICE OF CANCELLATION to designated ENTITY(S) (Including Nonpayment of Premium)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
HANOVER COMMERCIAL FOLLOW FORM EXCESS AND UMBRELLA POLICY
COMMERCIAL PROPERTY COVERAGE PART
BUSINESS AUTO COVERAGE FORM
BUSINESSOWNERS COVERAGE FORM
SCHEDULE
401-1236 12 14 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 1
Name of Designated Entity Mailing Address or Email Address Number Days Notice
Any Person or Organization to Whom you have agreed in a written contract (See form 221-0163)
The Address for that person or organization included in such written request from you to us.
(Information required to complete this Schedule, if not shown above, will be shown in the Declarations.)
If we cancel this policy for any reason, including nonpayment of premium, we will give written notice of such cancellation to the Designated Entity(s) shown in the Schedule. Such notice may be delivered or sent by any means of our choosing. The notice to the Designated Entity(s) will state the effective date of cancellation.
Unless otherwise noted in the Schedule above, such notice will be provided to the Designated Entity(s) no more than the number of days in advance of the effective date of cancellation that we are required to provide to the Named Insured for such cancellation. If the reason for cancellation is nonpayment of premium, however, we will provide ten days notice.
Such notice of cancellation is solely for the purpose of informing the Designated Entity(s) of the effective date of cancellation and does not grant, alter, or extend any rights or obligations under this policy.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
GOLD PROPERTY BROADENING ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUILDING AND PERSONAL PROPERTY COVERAGE FORM
CAUSES OF LOSS – SPECIAL FORM
BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE FORM
BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE FORM – ACTUAL LOSS SUSTAINED
The following is added to C. Limits Of Insurance of Building and Personal Property Coverage Form CP 00 10:
The limits applicable to the Coverages included in this endorsement may either be in addition to or included within the applicable Limits of Insurance. For application of the limits, refer to each coverage within this endorsement.
Refer to SECTION V – DEFINITIONS of this endorsement for additional words or phrases which appear in quotation marks as they have special meanings.
I. COVERAGES
A. Scheduled Coverages
The coverages in this endorsement amend the coverage provided under the Building and Personal Property Coverage Form, Causes of Loss – Special Form, Business Income (and Extra Expense) Coverage Form and Business Income (and Extra Expense) Coverage - Actual Loss Sustained through new coverages and substitute coverage grants. These coverages are subject to the provisions applicable to this policy, except where amended within this endorsement. If any of the property covered by this endorsement is also covered under any other provisions of the policy of which this endorsement is made a part, or if more than one coverage under this endorsement applies, in the event of loss or damage, you may choose only one of these coverages to apply to that loss. The most we will pay in this case is the limit of insurance applying to the coverage you select. Coverages included in this endorsement apply either separately to each described premises or on an “occurrence” basis. Refer to each coverage within this endorsement for application of coverage.
411-0793 04 14 Includes copyrighted materials of Insurance Services Offices, Inc. with its permission Page 1 of 39
Limits of Insurance
Amended Limits of Insurance Page
1. Additional Covered Property Included N/A 3
2. Brands & Labels Included N/A 4
3. Broadened Building Coverage Included N/A 4
4. Broadened Business Personal Property Included N/A 4
5. Building Limit - Inflation Guard Included N/A 5
6. Business Income & Extra Expense from
Dependent Properties $150,000 $ 5
7. Catastrophe Allowance $50,000 N/A 5
8. Computer and Funds Transfer Fraud $15,000 $ 6
9. Consequential Loss to Stock Included N/A 6
10. Contract Penalties $50,000 $ 6
11. Debris Removal $250,000 $ 6
12. Denial of Access to Premises Included N/A 7
13. E-Commerce $10,000 $ 7
14. Electronic Data Processing Equipment Included N/A 8
15. Employee Theft including ERISA Compliance $100,000 $ 8
16. Employee Tools and Work Clothing $25,000 $ 10
17. Expediting Expense $50,000 $ 11
18. Extended Business Income 180 Days N/A 11
411-0793 04 14 Includes copyrighted materials of Insurance Services Offices, Inc. with its permission Page 28 of 39
(b) Acceptance of fraudulent bills of lading or shipping receipts.
(2) The most we will pay under this additional coverage is $50,000 for any one “occurrence” or the Limit of Insurance shown in the Amended Limits Section of this Endorsement.
59. Water Damage, Other Liquids, Powder or Molten Material Damage
F. Additional Coverage Extensions, Paragraph 2. of Causes of Loss – Special Form CP 10 30 is replaced by the following:
2. Water Damage, Other Liquids, Powder or Molten Material Damage
a. If loss or damage caused by or resulting from covered water damage or other liquid, powder or molten material damage loss occurs, we will also pay the cost to tear out and replace any part of the building or structure, or, in the case of underground pipes, lawns, shrubs or paved areas, to repair damage to the system or appliance from which the water or other substance escapes.
b. Payment under this Additional Coverage is included within the applicable Limit of Insurance. The maximum we will pay for loss or damage to lawns, shrubs or paved areas is $50,000 per “occurrence” or the Limit of Insurance shown in the Amended Limits Section of this Endorsement.
THIS IS NOT FLOOD INSURANCE
OR PROTECTION FROM AN
INUNDATION OF SURFACE
WATER, HOWEVER CAUSED.
60. Windblown Debris
The following is added to A. Coverage, Paragraph 5. Coverage Extensions of Building and Personal Property Coverage Form CP 00 10:
Windblown Debris
(1) We will pay your reasonable expenses to remove the windblown debris (including trees) from the described premises, if it is carried to the described premises from the premises of others by wind, during the policy period.
(2) The most we will pay in any one
“occurrence” in total for the removal of all windblown debris under this Extension is $10,000 or the Limit of Insurance shown in the Amended Limits Section of this Endorsement.
61. Worldwide Property Off-Premises
The following is added to A. Coverage, Paragraph 5. Coverage Extensions of Building and Personal Property Coverage Form CP 00 10:
Worldwide Property Off-Premises
(1) You may extend the insurance that applies to your Business Personal Property and Personal Property of Others to apply to that property while it is temporarily outside the coverage territory if it is:
(a) Temporarily at a location you do not own, lease or operate;
(b) Temporarily on display or exhibit at any fair, trade show or exhibition;
(c) Samples of your “stock” in trade in the custody of your sales representatives; or
(d) While “in transit” between the described premises and a location described in (a), (b) or (c) above.
(2) The most we will pay for loss or damage under this Extension is $75,000 or the Limit of Insurance shown in the Amended Limits Section of this Endorsement.
(3) This Extension provides an additional amount of insurance.
B. Coverages Included within the Blanket Limit of Insurance
1. Accounts Receivable
The following is added to A. Coverage, Paragraph 4. Additional Coverages of Building and Personal Property Coverage Form CP 00 10:
Accounts Receivable
(1) We will pay for loss or damage caused by or resulting from a Covered Cause of Loss to your records of Accounts Receivable.
Accounts Receivable means:
(a) All amounts due from your customers that you are unable to collect;
(b) Interest charges on any loan
411-0793 04 14 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Page 32 of 39 maintenance of data processing equipment or component parts.
(b) Errors or omissions in processing or copying. But if errors or omissions in processing or copying results in fire or explosion, we will pay for the direct loss or damage caused by the fire or explosion;
(c) Erasure of “research and development documentation”; or
(d) Unauthorized instructions to transfer property to any person or place.
(4) Coverage provided by this Extension does not apply to “research and development documentation” which exist as “electronic data”.
(5) We will not pay for loss or damage to “research and development documentation” until you actually replicate such documentation. Repairs or replication must be made as soon as reasonably possible after the loss or damage, but in no event later than two years after the loss or damage unless we grant an extension in writing prior to the expiration of the two-year period.
(6) We will not pay for loss or damage to “research and development documentation” applicable to:
(a) Products that are obsolete;
(b) Existing products you have withdrawn from the market; or
(c) Existing products you have not sold in the last twelve months prior to the loss.
(7) Regardless of the number of insured locations involved, the most we will pay under this Extension for loss or damage in any one “occurrence” at a described premises is subject to the Blanket Coverage Limit of Insurance or the Limit of Insurance shown in the Amended Limits Section of this…
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