Attachment J APSIT 2024 - 2025 Cincinnati Excess Auto Policy~1.pdf
PDF 504 KB Posted
- Solicitation number
- S000000426
- Issued by
- Pulaski County, Arkansas
About this file
This document is an excess liability insurance policy issued by The Cincinnati Insurance Company for the State of Arkansas Participating Public School District for the policy period of July 1, 2024 to July 1, 2025. The policy provides excess liability coverage across multiple school districts and educational cooperatives throughout Arkansas, with a total annual premium of $69,625. The coverage is broken down into quarterly installments of $17,407 and $17,406, and includes an excess liability coverage part with an aggregate limit of $4,000,000 per occurrence.
The policy covers a wide range of school districts and educational entities, including but not limited to districts in DeWitt, Hamburg, Cotter, Mountain Home, Bentonville, Rogers, Jonesboro, and numerous other locations across Arkansas. The excess liability coverage is designed to provide additional insurance protection beyond the underlying insurance policies, with specific exclusions for areas such as employment-related practices, communicable diseases, cyber liability, and pollutant-related incidents. The policy is administered through Cadence Insurance, Inc. in Little Rock, Arkansas, and includes provisions for audit, maintenance of underlying insurance, and transfer of recovery rights.
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Text version
The Cincinnati Insurance Company A Stock Insurance Company
Headquarters: 6200 S. Gilmore Road, Fairfield, OH 45014-5141 Mailing address: P.O. Box 145496, Cincinnati, OH 45250-5496 www.cinfin.com 513-870-2000
COMMON POLICY DECLARATIONS
POLICY NUMBER
NAMED INSURED
ADDRESS
(Number & Street, Town, County, State & Zip Code)
Previous Policy Number:
Billing Method:AGENCY BILL
EXS 068 52 67
STATE OF ARKANSAS PARTICIPATING PUBLIC SCHOOL DISTRICT
REFER TO IA905
1 COMMERCE WAY
SUITE 504
LITTLE ROCK, AR 72202-2089
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CADENCE INSURANCE, INC. 03-039
LITTLE ROCK, AR
EXS 068 52 67
ORGANIZATION (ANY OTHER)
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FORMS APPLICABLE TO ALL COVERAGE PARTS:
COMMON POLICY CONDITIONSIL0017 11/98
SUMMARY OF PREMIUMS CHARGEDIA102A 09/08
NAMED INSURED SCHEDULEIA905 02/98
CERTIFIED ACTS AND OTHER ACTS OF TERRORISM EXCLUSION ADVISORY
NOTICE TO POLICYHOLDERS
IA4513 06/20
NOTICE OF PRIVACY PRACTICESIA4521 03/20
NOTICE TO POLICYHOLDERSIP446 08/01
EXCLUSION OF CERTIFIED ACTS AND OTHER ACTS OF TERRORISMIA319 01/15
WAR EXCLUSIONIA325 01/23
ARKANSAS CHANGES - CANCELLATIONIA4107AR 10/22
SIGNATURE ENDORSEMENTIA4338 05/11
ARKANSAS CHANGES – TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS
TO US
IA4492AR 06/17
ARKANSAS NOTICEIP403AR 03/20
EXCESS LIABILITY COVERAGE PART DECLARATIONSXSC504 05/10
Countersigned By (Date) (Authorized Representative)
Page ofIA 509 01 12
EXS 068 52 67
1 1
06-27-2024 10:37
Attachment J
IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998
COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions.
A. Cancellation
1. The first Named Insured shown in the
Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation.
2. We may cancel this policy by mailing or delivering to the first Named Insured writ-ten notice of cancellation at least:
a. 10 days before the effective date of cancellation if we cancel for nonpay-ment of premium; or
b. 30 days before the effective date of cancellation if we cancel for any other reason.
3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us.
4. Notice of cancellation will state the effec-tive date of cancellation. The policy pe-riod will end on that date.
5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund.
6. If notice is mailed, proof of mailing will be sufficient proof of notice.
B. Changes This policy contains all the agreements be-tween you and us concerning the insurance af-forded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy.
C. Examination of Your Books and Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward.
D. Inspections and Surveys
1. We have the right to:
a. Make inspections and surveys at any time;
b. Give you reports on the conditions we find; and
c. Recommend changes.
2. We are not obligated to make any inspec-tions, surveys, reports or recommenda-tions and any such actions we do under-take relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not un-dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions:
a. Are safe or healthful; or
b. Comply with laws, regulations, codes or standards.
3. Paragraphs 1. and 2. of this condition ap-ply not only to us, but also to any rating, advisory, rate service or similar organiza-tion which makes insurance inspections, surveys, reports or recommendations.
4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recommendations we may make rela-tive to certification, under state or munici-pal statutes, ordinances or regulations, of boilers, pressure vessels or elevators.
E. Premiums The first Named Insured shown in the Declara-tions:
1. Is responsible for the payment of all pre-miums; and
2. Will be the payee for any return premiums we pay.
F. Transfer of Your Rights and Duties Under this Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured.
If you die, your rights and duties will be trans-ferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal represen-tative is appointed, anyone having proper tem-porary custody of your property will have your rights and duties but only with respect to that property.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED
IA 102 A 09 08
SUMMARY OF PREMIUMS CHARGED
Attached to and forming part of POLICY NUMBER: Effective Date:
Named Insured:
THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE
PARTS FOR WHICH A PREMIUM CHARGE IS INDICATED
Commercial Property Coverage Part $ Commercial General Liability Coverage Part $ Commercial Auto Coverage Part $ Commercial Umbrella / Excess Liability Coverage Part $
Terrorism Coverage $ Installment Charge $
PAYMENTS
First Remaining Installment Installment(s)
Automobile Coverages, Employers Liability, Employment Practices Liability Coverage, Professional Liability Coverage, Terrorism Coverage and / or Wrongful Acts Coverage, if included in the policy, are subject to Annual Adjustment of rates and premium on each anniversary of the policy.
Commercial Umbrella and Excess Liability, if included in the policy, may be subject to Annual Adjustment of premium on each anniversary. Refer to the Commercial Umbrella or Excess Liability Coverage Part Declarations form to see if this is applicable.
EXS 068 52 67 07-01-2024
STATE OF ARKANSAS PARTICIPATING PUBLIC SCHOOL DISTRICT
69,605
EXCLUDE
ANNUAL TOTAL 69,625
QUARTERLY 17,407 17,406
IA 905 02 98
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NAMED INSURED SCHEDULE
This Schedule supplements the Declarations.
SCHEDULE
Named Insured:
STATE OF ARKANSAS PARTICIPATING PUBLIC SCHOOL DISTRICT ENTITIES
01-01 DEWITT SCHOOL DISTRICT
02-03 HAMBURG SCHOOL DISTRICT
03-02 COTTER SCHOOL DISTRICT
03-03 MOUNTAIN HOME SCHOOL DISTRICT
04-01 BENTONVILLE SCHOOL DISTRICT
04-02 DECATUR SCHOOL DISTRICT
04-04 GRAVETTE SCHOOL DISTRICT
04-05 ROGERS SCHOOL DISTRICT
04-06 SILOAM SPRINGS SCHOOL DISTRICT
04-45 HOPE ACADEMY OF NORTHWEST ARKANSAS
05-02 BERGMAN SCHOOL DISTRICT
05-03 HARRISON SCHOOL DISTRICT
05-06 LEAD HILL SCHOOL DISTRICT
05-20 OZARKS UNLIMITED RESOURCES COOPERATIVE
06-02 WARREN SCHOOL DISTRICT
08-01 BERRYVILLE SCHOOL DISTRICT
08-02 EUREKA SPRINGS SCHOOL DISTRICT
09-01 DERMOTT SCHOOL DISTRICT
10-02 ARKADELPHIA SCHOOL DISTRICT
12-03 QUITMAN SCHOOL DISTRICT
16-08 JONESBORO SCHOOL DISTRICT
17-02 CEDARVILLE SCHOOL DISTRICT
17-04 MULBERRY/PLEASANT VIEW BI-COUNTY SCHOOL DISTRICT
18-02 EARLE SCHOOL DISTRICT
18-03 WEST MEMPHIS SCHOOL DISTRICT
21-04 DUMAS SCHOOL DISTRICT
22-03 MONTICELLO SCHOOL DISTRICT
23-01 CONWAY SCHOOL DISTRICT
23-03 GREENBRIER SCHOOL DISTRICT
23-06 MT VERNON-ENOLA SCHOOL DISTRICT
23-07 VILONIA SCHOOL DISTRICT
24-20 GUY FENTER EDUCATION COOPERATIVE
26-01 CUTTER-MORNING STAR SCHOOL DISTRICT
26-02 FOUNTAIN LAKE SCHOOL DISTRICT
26-03 HOT SPRINGS SCHOOL DISTRICT
26-06 LAKESIDE SCHOOL DISTRICT
28-07 GREENE COUNTY TECH SCHOOL DISTRICT
28-08 PARAGOULD SCHOOL DISTRICT
29-20 SOUTHWEST ARKANSAS EDUCATION COOPERATIVE
30-03 MAGNET COVE SCHOOL DISTRICT
32-01 BATESVILLE SCHOOL DISTRICT
33-01 CALICO ROCK SCHOOL DISTRICT
34-03 NEWPORT SPECIAL SCHOOL DISTRICT
35-05 PINE BLUFF SCHOOL DISTRICT
35-09 WATSON CHAPEL SCHOOL DISTRICT
35-99 ARKANSAS CORRECTIONAL SCHOOL
36-01 CLARKSVILLE SCHOOL DISTRICT
36-06 WESTSIDE SCHOOL DISTRICT
38-20 NORTHEAST ARKANSAS EDUCATIONAL COOPERATIVE
IA 905 02 98
NAMED INSURED SCHEDULE
This Schedule supplements the Declarations.
SCHEDULE
Named Insured:
38-40 IMBODEN AREA CHARTER SCHOOL
39-04 LEE COUNTY SCHOOL DISTRICT
42-02 MAGAZINE SCHOOL DISTRICT
43-01 LONOKE SCHOOL DISTRICT
43-02 ENGLAND SCHOOL DISTRICT
43-04 CABOT SCHOOL DISTRICT
44-01 HUNTSVILLE SCHOOL DISTRICT
46-05 TEXARKANA SCHOOL DISTRICT
47-02 BLYTHEVILLE SCHOOL DISTRICT
47-08 GOSNELL SCHOOL DISTRICT
50-08 NEVADA SCHOOL DISTRICT
52-04 CAMDEN FAIRVIEW SCHOOL DISTRICT
52-20 SOUTH CENTRAL SERVICES COOPERATIVE
54-03 HELENA WEST HELENA SCHOOL DISTRICT
54-20 GREAT RIVERS COOPERATIVE
55-02 CENTERPOINT SCHOOL DISTRICT
55-03 KIRBY SCHOOL DISTRICT
56-20 CROWLEY'S RIDGE COOPERATIVE
58-05 RUSSELLVILLE SCHOOL DISTRICT
60-02 NORTH LITTLE ROCK SCHOOL DISTRICT
61-03 POCAHONTAS SCHOOL DISTRICT
62-05 PALESTINE-WHEATLEY SCHOOL DISTRICT
66-03 HACKETT SCHOOL DISTRICT
66-05 LAVACA SCHOOL DISTRICT
66-06 MANSFIELD SCHOOL DISTRICT
67-01 DEQUEEN SCHOOL DISTRICT
68-04 HIGHLAND SCHOOL DISTRICT
70-07 PARKERS CHAPEL SCHOOL DISTRICT
70-08 SMACKOVER NORPHLET SCHOOL DISTRICT
72-02 FARMINGTON PUBLIC SCHOOLS
72-03 FAYETTEVILLE SCHOOL DISTRICT
72-04 GREENLAND SCHOOL DISTRICT
72-07 SPRINGDALE SCHOOL DISTRICT
72-08 WEST FORK SCHOOL DISTRICT
73-02 BEEBE SCHOOL DISTRICT
73-07 RIVERVIEW SCHOOL DISTRICT
73-09 PANGBURN SCHOOL DISTRICT
73-10 ROSE BUD SCHOOL DISTRICT
73-11 SEARCY SCHOOL DISTRICT
73-20 WILBUR D MILLS EDUCATION SERVICE COOPERATIVE
75-09 WESTERN YELL COUNTY SCHOOL DISTRICT
Includes copyrighted material of Insurance IA 4513 06 20 Services Office, Inc., with its permission. Page 1 of 1
CERTIFIED ACTS AND OTHER ACTS OF TERRORISM
EXCLUSION ADVISORY NOTICE TO POLICYHOLDERS
No coverage is provided by this notice nor can it be construed to replace any provision of your policy. You should read your policy and review your Declarations Page for complete information on the coverages you are provided. If there is any conflict between the policy and this Advisory Notice to Policyholders, THE
PROVISIONS OF YOUR POLICY SHALL PREVAIL.
The purpose of this notice is to evidence your rejection of coverage for Certified Acts and Other Acts of Terrorism. At your request, your policy contains an exclusion for Certified Acts and Other Acts of Terrorism.
For information regarding the availability of coverage for Certified Acts and Other Acts of Terrorism, subject to an additional premium, please contact your insurance agent.
IA 4521 03 20 Page 1 of 1
NOTICE OF PRIVACY PRACTICES
For additional information on our privacy policies, including state specific information, please visit https://www.cinfin.com/privacy-policy.
IP 446 08 01
THE CINCINNATI INSURANCE COMPANY
THE CINCINNATI CASUALTY COMPANY
THE CINCINNATI INDEMNITY COMPANY
NOTICE TO POLICYHOLDERS
Please be advised that in your application for insurance you disclosed information to The Cincinnati Insurance Company, The Cincinnati Casualty Company and The Cincinnati Indemnity Company. The information dis-closed in the application and all information subsequently collected by any of these companies may be shared among all three.
Includes copyrighted material of ISO Properties, Inc. and American Association
IA 319 01 15 of Insurance Services, Inc., with their permission. Page 1 of 3
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION OF CERTIFIED ACTS AND
OTHER ACTS OF TERRORISM
This endorsement modifies insurance provided under the following:
All Commercial Lines Coverage Parts, Coverage Forms, Policies and Endorsements except Medi-cal Professional Liability (professional liability forms insuring dentists, optometrists, nurses, and nursing homes, among others)
A. The following definitions are added with re-spect to the provisions of this endorsement:
1. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provi-sions of the federal Terrorism Risk Insur-ance Act, to be an act of terrorism pursu-ant to the federal Terrorism Risk Insur-ance Act. The criteria contained in the Terrorism Risk Insurance Act for a "certi-fied act of terrorism" include the following:
a. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insur-ance Act; and
b. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian popula-tion of the United States or to influ-ence the policy or affect the conduct of the United States Government by coercion.
2. "Other act of terrorism" means a violent act or an act that is dangerous to human life, property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce the civilian population or to influ-ence the policy or affect the conduct of any government by coercion, and the act is not a "certified act of terrorism".
B. The following exclusion is added:
EXCLUSION OF CERTIFIED ACTS AND
OTHER ACTS OF TERRORISM
We will not pay for any loss, injury or damage caused directly or indirectly by a "certified act of terrorism" or an "other act of terrorism".
Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss.
But with respect to an "other act of terrorism", this exclusion applies only when one or more of the following are attributed to such act:
1. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical mate-rials;
2. Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the terrorism was to release such materials;
3. The total of insured damage to all types of property in the United States, its territories and possessions, Puerto Rico and Can-ada exceeds $25,000,000. In determining whether the $25,000,000 threshold is ex-ceeded, we will include all insured dam-age sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provi-sion, insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism ex-clusions. Multiple incidents of "other acts of terrorism" which occur within a 72-hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident;
4. Fifty or more persons sustain death or se-rious physical injury. For the purposes of this provision, serious physical injury means:
a. Physical injury that involves a sub-stantial risk of death;
b. Protracted and obvious physical dis-figurement; or
c. Protracted loss of or impairment of the function of a bodily member or organ; or
IA 319 01 15 of Insurance Services, Inc., with their permission. Page 2 of 3
5. The terrorism involves the use, release or escape of nuclear materials, or directly or indirectly results in nuclear reaction or ra-diation or radioactive contamination.
Paragraphs B.3. and B.4. immediately preced-ing, describe the threshold used to measure the magnitude of an "other act of terrorism" and the circumstances in which the threshold will apply, for the purpose of determining whether this Exclusion will apply to that inci-dent. When the Exclusion applies to an "other act of terrorism", there is no coverage under this Coverage Part, Coverage Form, Policy or Endorsement, except as provided in this En-dorsement.
However, Paragraph B.4. immediately preced-ing, is not to be used as a threshold to meas-ure the magnitude of an "other act of terror-ism" for the purposes of determining if this ex-clusion applies to a Commercial Property Coverage Part, Commercial Inland Marine Coverage Part, Machinery and Equipment Coverage Part, Commercial Crime Coverage Form, Commercial Crime Policy, Employee Theft and Forgery Policy, Farm Property Cov-erage Part, Government Crime Coverage Form, Government Crime Policy, Standard Property Policy, or Section I of the Busines-sowners Package Policy.
C. Exception Covering Certain Fire Losses The following modifies insurance provided un-der the following: Commercial Inland Marine Coverage Part, Commercial Property Cover-age Part, Farm Coverage Part and Standard Property Policy:
If a "certified act of terrorism" or an "other act of terrorism" causes fire damage to property that is subject to the Standard Fire Policy in a state that utilizes the Standard Fire Policy as its minimum fire coverage standard, we will pay for the loss or damage caused by that fire.
Such coverage for fire applies only to direct loss or damage by fire to Covered Property.
Therefore, for example, the coverage does not apply to insurance provided under Business Income and/or Extra Expense coverages, or to the Legal Liability Coverage Form or the Leasehold Interest Coverage Form.
With respect to fire resulting from any one or more "certified acts of terrorism" under the federal Terrorism Risk Insurance Act, we will not pay any amounts for which we are not re-sponsible under the terms of that Act (includ-ing subsequent action of Congress pursuant to the Act) due to the application of any clause which results in a cap on our liability for pay-ments for terrorism losses.
This Section C. does not apply to:
1. A Coverage Part for a "certified act of ter-rorism" or "other act of terrorism" that oc-curs in a state that allows an exception for fire resulting from terrorism; or
2. An Inland Marine Coverage Part for a "certified act of terrorism" or "other act of terrorism" that occurs in a state that al-lows a commercial inland marine excep-tion, to its Standard Fire Policy minimum fire cover-age regulations.
D. Exception Covering Minimum Financial Responsibility The following applies to the Business Auto Coverage Form, Business Auto Physical Damage Coverage Form, Garage Coverage Form, Motor Carrier Coverage Form, Single Interest Automobile Physical Damage Insur-ance Policy and Truckers Coverage Form if they are included in, or are part of, this Policy and if the "certified act of terrorism" or "other act of terrorism" causes loss in a state that re-quires compulsory or financial responsibility minimum limits apply to excluded acts of ter-rorism:
The exclusion stated in Section B. of this en-dorsement does not apply to:
1. Liability or Personal Injury Protection Coverage, but only up to the state com-pulsory or financial responsibility law min-imum limits of insurance for each cover-age; and
2. Uninsured and/or Underinsured Motorists Coverage, if applicable, but only up to the minimum statutory permitted limits of in-surance for each coverage.
E. Application of Other Exclusions The terms and limitations of any terrorism ex-clusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Part, Cover-age Form, Policy or endorsement such as losses excluded by:
1. Exclusions that address war, warlike ac-tion, insurrection, rebellion, revolution, mil-itary action, nuclear hazard, nuclear mate-rials, nuclear reaction, radiation, or radio-active contamination;
2. Exclusions that address pollutants, con-tamination, deterioration, fungi or bacteria;
or
3. Any other exclusion, IA 319 01 15 of Insurance Services, Inc., with their permission. Page 3 of 3 regardless if the "certified act of terrorism" or "other act of terrorism" contributes concur-rently or in any sequence to the loss, injury or damage.
F. Conformity With Statute If any terms or conditions of this endorsement are in conflict with the laws of the jurisdiction under which this policy is construed, then such terms and conditions will be deemed changed to conform with such laws, but only to the ex-tent that such terms and conditions are other-wise covered by the Coverage Part, Coverage Form, Policy or Endorsement to which this en-dorsement applies.
G. Supersession The exclusions for acts of terrorism in this en-dorsement supersede any offers of terrorism coverage.
H. Sunset Clause If the federal Terrorism Risk Insurance Act ex-pires or is repealed, then this endorsement is null and void for any act of terrorism except "other acts of terrorism" that takes place after the expiration or repeal of the Act.
IA 325 01 23 Services Office, Inc., with its permission. Page 1 of 2
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAR EXCLUSION
This endorsement modifies insurance provided under the following:
ALL COVERAGE FORMS FORMING A PART OF THE POLICY
A. The following exclusion:
1. Replaces any War, War and Military Ac-tion, or War or Military Action exclusion included in any other Coverage Form, Coverage Part or endorsement forming a part of the policy to which this endorse-ment is attached; and
2. Is added to any other Coverage Form, Coverage Part, insuring agreement in-cluded therein or endorsement forming a part of the policy to which this endorse-ment is attached which does not already include a War, War and Military Action, or War or Military Action exclusion.
War This insurance does not apply to:
Any form of loss, damage, cost, expense or liability for damages arising directly or indirectly from:
a. "War" and "warlike action", including undeclared or civil "war" and "cyber hostilities";
b. Hostile action, including action in hin-dering or defending against an actual or expected attack, by any state, government, or sovereign using mili-tary personnel or other "agents"; or
c. Insurrection, rebellion, revolution, usurped power, political violence or action taken by a state or govern-ment actor in hindering or defending against any of these, including "cyber hostilities" in connection with any of the foregoing.
The attribution of an action will be deter-mined by relying on reasonable evidence such as, but not limited to:
(1) Statements by an agency or de-partment of the United States government;
(2) Statements by an international group of which the United States is a member, such as the United Nations or the North Atlantic Treaty Organization, or any member of such an international group; or
(3) Statements by a "recognized commercial authority".
This exclusion applies notwithstanding any-thing to the contrary in this policy or any ap-pendix or endorsement added to this policy.
B. The following definitions are hereby added with respect to the exclusion in Section A. of this endorsement.:
1. "Agents" means any person, entity, organ-ization or collection of persons, entities or organizations that have at any time been associated with or designated as having worked with or acted on behalf of any state, government, or sovereign.
The attribution of the actors’ status as "agents" will be determined by relying on reasonable evidence such as, but not lim-ited to:
a. Statements by an agency or depart-ment of the United States govern-ment;
b. Statements by an international group of which the United States is a mem-ber, such as the United Nations or the North Atlantic Treaty Organiza-tion, or any member of such an inter-national group; or
c. Statements by a "recognized com-mercial authority".
2. "Computer system" means any computer or network of computers or computer sys-tems, hardware, software, communica-tions system, electronic device (including but not limited to, smart phone, laptop, tablet, wearable device), server, cloud in-frastructure or microcontroller including any configuration of the aforementioned and including any associated input, out-put, code, program, data, data storage device, networking equipment or back up facility.
3. "Cyber hostilities" means the use of a "computer system" that causes disruption or harm.
IA 325 01 23 Services Office, Inc., with its permission. Page 2 of 2
4. "Recognized commercial authority" means a business that provides infor-mation technology security or forensics services, including, but not limited to:
a. Symantec;
b. Mandiant;
c. Microsoft;
d. Apple;
e. Cisco; or
f. IBM.
5. "War" or "warlike action":
a. Means physical combat, a state of armed conflict, or "cyber hostilities" engaged in by:
(1) Any state, government, or sov-ereign; or
(2) "Agents" of a state, government, or sovereign, against any other:
(a) State, government, or sovereign, including an agency or depart-ment thereof; or
(b) Person or entity targeted by such physical combat, armed conflict, or "cyber hostilities"; and
b. Includes any collateral loss, damage, cost, expense or liability for damages of any nature arising out of the physi-cal combat, armed conflict, or "cyber hostilities" or any response to such physical combat, armed conflict, or "cyber hostilities".
IA 4107 AR 10 22 Services Office, Inc., with its permission. Page 1 of 2
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ARKANSAS CHANGES - CANCELLATION AND NONRENEWAL
This endorsement modifies insurance provided under the following:
CINCINNATI CYBER DEFENSE™ COVERAGE PART
CINCINNATI DATA DEFENDER™ COVERAGE PART
CINCINNATI NETWORK DEFENDER™ COVERAGE PART
CLAIMS-MADE EXCESS LIABILITY COVERAGE PART
COMMERCIAL AUTO COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
COMMERCIAL UMBRELLA LIABILITY COVERAGE PART
CONTRACTOR'S ERRORS AND OMISSIONS COVERAGE FORM - CLAIMS-MADE
CONTRACTORS' LIMITED POLLUTION LIABILITY COVERAGE PART
CRIME AND FIDELITY COVERAGE PART
EMPLOYEE BENEFIT LIABILITY COVERAGE PART
EMPLOYMENT PRACTICES LIABILITY COVERAGE PART
EXCESS LIABILITY COVERAGE PART
EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY
FARM COVERAGE PART
GOLF COURSE CHEMICAL APPLICATION LIMITED LIABILITY COVERAGE PART
HOLE-IN-ONE COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
MACHINERY AND EQUIPMENT COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
PROFESSIONAL LIABILITY COVERAGE PART
A. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following:
2.a. Subject to Paragraph 2.b., we may can-cel this policy by mailing or delivering to the first Named Insured and any lienholder or loss payee named in the policy written notice of cancellation at least:
(1) 10 days before the effective date of cancellation, stating the reason for cancellation, if we cancel for non-payment of premium; or
(2) 20 days before the effective date of cancellation if we cancel for any other reason.
b. The following applies to the Farm Um-brella Liability Policy, Commercial Liabil-ity Umbrella Coverage Part and the Commercial Automobile Coverage Part:
We may cancel this policy by mailing or delivering to the first Named Insured and any lienholder or loss payee named in the policy, and any lessee of whom we have received notification prior to the loss, written notice of cancellation at least:
(1) 10 days before the effective date of can-cellation, stating the reason for cancella-tion, if we cancel for nonpayment of premium; or
(2) 20 days before the effective date of can-cellation if we cancel for any other rea-son.
c. If this policy has been in effect more than 60 days or is a renewal policy, we may cancel only for one or more of the follow-ing reasons:
(1) Nonpayment of premium;
(2) Fraud or material misrepresentation made by you or with your knowledge in obtaining the policy, continuing the policy or in presenting a claim under the policy;
(3) The occurrence of a material change in the risk which substantially in-creases any hazard insured against after policy issuance;
(4) Violation of any local fire, health, safety, building or construction regu-lation or ordinance with respect to any insured property or its occupancy which substantially increases any hazard insured against under the pol-icy;
IA 4107 AR 10 22 Services Office, Inc., with its permission. Page 2 of 2
(5) Nonpayment of membership dues in those cases where our bylaws, agreements or other legal instru-ments require payment as a condition of the issuance and maintenance of the policy; or
(6) A material violation of a material pro-vision of the policy.
B. Paragraph 5. of the Cancellation Common Policy Condition is replaced by the following:
a. If this policy is cancelled, we will send the first Named Insured any premium refund due.
b. We will refund the pro rata unearned premium if the policy is cancelled by us or the first Named Insured.
c. However, the refund will be less than the pro rata unearned premium if the refund of such amount would reduce the premi-um retained by us to an amount less than the minimum premium for this policy.
d. The cancellation will be effective even if we have not made or offered a refund.
e. If the first Named Insured cancels the pol-icy, we will retain no less than $100 of the premium, subject to the following:
(1) We will retain no less than $250 of the premium for the Machinery and Equipment Coverage Part.
(2) We will retain the premium developed for any annual policy period for the General Liability Classifications, if any, shown in the Declarations.
(3) If the Commercial Auto Coverage Part covers only snowmobiles or golfmobiles, we will retain $100 or the premium shown in the Declarations, whichever is greater.
(4) If the Commercial Auto Coverage Part covers an "auto" with a mounted amusement device, we will retain the premium shown in the Declarations for the amusement device and not less than $100 for the auto to which it is attached.
C. Paragraph g. of the Mortgageholders Condi-tion, if any, is replaced by the following:
g. If we elect not to renew this policy, we will give written notice to the mortgage-holder:
(1) As soon as practicable if nonrenewal is due to the first Named Insured's failure to pay any premium required for renewal; or
(2) At least 60 days before the expiration date of this policy if we nonrenew for any other reason.
D. The following condition is added and super-sedes any other provisions to the contrary:
Nonrenewal
1. If we decide not to renew this policy, we will mail or deliver written notice of nonre-newal to the first Named Insured at least 60 days prior to:
a. The expiration date of this policy; or
b. The anniversary date of this policy, if the policy is written for a term of more than one year. However, we are not required to send this notice if nonre-newal is due to your failure to pay any premium required for renewal.
However, we are not required to send this notice if nonrenewal is due to your failure to pay any premium required for renewal.
2. We will mail our notice to the first Named Insured's mailing address last known to
us. If notice is mailed, proof of mailing will be sufficient proof of notice.
IA 4338 05 11
SIGNATURE ENDORSEMENT
IN WITNESS WHEREOF, this policy has been signed by our President and Secretary in the City of Fairfield, Ohio, but this policy shall not be binding upon us unless countersigned by an authorized representative of ours. The failure to countersign does not void coverage in Arizona, Virginia and Wisconsin.
Secretary President
The signature on any form, endorsement, policy, declarations, jacket or application other than the signature of the President or Secretary named above is deleted and replaced by the above signatures.
IA 4492 AR 06 17 Services Office, Inc., with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ARKANSAS CHANGES - TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
CHEMICAL DRIFT LIMITED LIABILITY COVERAGE PART - CLAIMS MADE
CLAIMS-MADE EXCESS LIABILITY COVERAGE PART
COMMERCIAL CRIME AND FIDELITY COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL UMBRELLA LIABILITY COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
CONTRACTOR’S ERRORS AND OMISSIONS COVERAGE PART - CLAIMS-MADE
CONTRACTORS’ LIMITED POLLUTION LIABILITY COVERAGE PART
ELECTRONIC DATA LIABILITY COVERAGE PART
EMPLOYEE BENEFIT LIABILITY COVERAGE PART
EMPLOYMENT PRACTICES LIABILITY COVERAGE PART
EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE PART
EXCESS LIABILITY COVERAGE PART
GOLF COURSE CHEMICAL APPLICATION LIMITED LIABILITY COVERAGE PART
HOLE-IN-ONE COVERAGE PART
FARM LIABILITY COVERAGE FORM
LEGAL LIABILITY COVERAGE FORM
LIQUOR LIABILITY COVERAGE PART
MACHINERY AND EQUIPMENT COVERAGE PART
MANUFACTURER’S ERRORS AND OMISSIONS COVERAGE PART - CLAIMS-MADE
MORTGAGEHOLDERS ERRORS AND OMISSIONS COVERAGE FORM
MORTGAGE INTEREST COVERAGE FORM
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCT WITHDRAWAL COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
PROFESSIONAL LIABILITY COVERAGE PART
PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART
PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART - CLAIMS-MADE
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
SEPTIC SYSTEMS DESIGN AND INSPECTION ERRORS AND OMISSIONS COVERAGE PART
UNDERGROUND STORAGE TANK POLICY
A. The following is added to the Transfer of Rights of Recovery Against Others to Us Condition for all Coverage Parts except Crime and Fidelity Coverage Part:
We will be entitled to recovery only after the insured ("insured") has been fully compensated for the loss or damage sustained, including expenses incurred in obtaining full compensation for the loss ("loss") or damage.
B. The following is added to the Transfer of Rights of Recovery Against Others to Us Condition for Crime and Fidelity Coverage Part:
Notwithstanding the procedures set forth in the Recoveries Condition, we will be entitled to recovery only after the insured has been fully compensated for the loss sustained.
IP 403 AR 03 20
ARKANSAS NOTICE
In compliance with Ark. Code Ann. § 23-79-138, the following information must be provided to you the insured.
Please see our contact information below:
You may call our toll-free telephone number at:
1-888-242-8811
You may also write to us at:
The Cincinnati Insurance Companies or The Cincinnati Insurance Companies 6200 South Gilmore Road P.O. Box 145496 Fairfield, Ohio 45014-5141 Cincinnati, Ohio 45250-5496
Agency Name and Address:
Phone Number:
Policyholders have the right to file a complaint with the Arkansas Insurance Department (AID). You may call AID to request a complaint form at (800) 852-5494 or (501) 371-2640 or write the Department at:
Arkansas Insurance Department Consumer Services Division 1 Commerce Way, Suite 102
Little Rock, AR 72202
CADENCE INSURANCE, INC.
8315 CANTRELL RD STE 300
LITTLE ROCK, AR 72227-2357
501-664-7705
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504 10 0XSC5 Page ofEXS 068 52 67 2 3
AOVERS CHI TE TOABLICPPLATSENRSEMDO EN/S ANFOR ORDM T:E PARG
EXCESS LIABILITY - TABLE OF CONTENTSXS101 09/20
DEFINITION OF LOSSIA450A 11/87
POLLUTANT EXCLUSIONXS304 12/04
EMPLOYMENT - RELATED PRACTICES EXCLUSIONXS306 09/20
UNINSURED/UNDERINSURED MOTORIST EXCLUSIONXS308 09/02
COMMUNICABLE DISEASE EXCLUSIONXS337 11/20
EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL
INFORMATION
XS345 05/14
CYBER LIABILITY EXCLUSIONXS380 09/22
AMENDMENT - DISTRIBUTION OR RECORDING OF MATERIAL OR INFORMATION IN
VIOLATION OF LAW EXCLUSION
XS4023 06/22
504 10 0XSC5 Page ofEXS 068 52 67 3 3
XS 101 09 20 Services Office, Inc. with its permission. Page 1 of 12
EXCESS LIABILITY COVERAGE FORM
TABLE OF CONTENTS
Coverage Part Provision: Begins on Page:
Preamble
SECTION I - COVERAGE
A. Insuring Agreement
B. Exclusions:
1. Asbestos
2. Distribution or Recording of Material or Information in Violation of Law
3. Electronic Data
4. Pollutant - Auto
5. Pollutant - Other Than Auto
6. Underlying Insurance
7. War
C. Defense and Supplementary Payments
SECTION II - LIMITS OF INSURANCE
SECTION III - CONDITIONS:
1. Appeals
2. Audit
3. Bankruptcy
4. Duties in the Event of Occurrence, Claim or Suit
5. First Named Insured
6. Liberalization
7. Loss Payments
8. Maintenance of Underlying Insurance
9. Other Insurance
10. Premium
11. Representations
12. Transfer of Rights of Recovery Against Others to Us
13. When We Do Not Renew
SECTION IV - DEFINITIONS:
1. "Authorized representative"
2. "Coverage term"
3. "Electronic data"
4. "Hostile fire"
5. "Insured"
6. "Loss"
7. "Pollutants"
8. "Underlying insurance"
NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT
XS 101 09 20 Services Office, Inc. with its permission. Page 2 of 12
EXCESS LIABILITY COVERAGE FORM
Various provisions in this Coverage Part restrict this insurance. Read the entire Coverage Part carefully to determine rights, duties, and what is and is not covered.
Throughout this Coverage Part the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance
Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION
IV - DEFINITIONS.
SECTION I - COVERAGE
A. Insuring Agreement
1. We will pay those sums the "insured" is legally obligated to pay as damages for that part of "loss" to which this insurance applies in excess of "underlying insur-ance".
2. If any limit of insurance, such as a sublim-it, is specified in the “underlying insur-ance”, this insurance does not apply to in-jury or offense arising out of that exposure unless that limit of insurance is specified in the Schedule of Underlying Insurance.
3. This insurance applies to injury or offense only if:
a. The injury or offense takes place dur-ing the policy period shown in the Declarations; and
b. Prior to the "coverage term" in which the injury or offense takes place, you did not know, per Paragraph 5. be-low, that the injury or offense had taken place or begun to take place, in whole or in part.
4. Injury or offense which:
a. Takes place during the "coverage term"; and
b. Was not, prior to the "coverage term", known by you, per Paragraph
5. below, to have taken place;
includes any continuation, change or re-sumption of that injury or offense after the end of the "coverage term" in which it first became known by you.
5. You will be deemed to know that injury or offense has taken place at the earliest time when any "authorized representa-tive":
a. Reports all, or any part of the injury or offense to us or any other insurer;
b. Receives a written or verbal demand or claim for damages because of the injury or offense; or
c. Becomes aware by any other means that injury or offense has taken place or begun to take place.
6. The terms, definitions, conditions, limita-tions and exclusions of the "underlying in-surance" are made a part of this Cover-age Part, except for:
a. Any term or condition relating to:
(1) Any duty to investigate or de-fend;
(2) The limits of insurance;
(3) The payment of expenses;
(4) The premium;
(5) Cancellation or non-renewal;
(6) Any renewal agreement;
(7) The policy period; or
b. Any other provision that is not con-sistent with this Coverage Part;
in which case the terms, definitions, con-ditions, limitations and exclusions of this Coverage Part will apply.
7. The amount we will pay is limited as de-scribed in SECTION II - LIMITS OF IN-
SURANCE.
No other obligation or liability to pay sums or perform acts or services is covered, unless expressly provided for under SECTION I - COVERAGE, C. Defense and Supplemen-tary Payments.
B. Exclusions This insurance does not apply to:
1. Asbestos Any liability arising out of, attributable to or any way related to asbestos in any form or transmitted in any manner.
2. Distribution or Recording of Material or Information in Violation of Law Any liability arising directly or indirectly out of any action or omission that violates or is alleged to violate:
a. The Telephone Consumer Protection Act (TCPA), including any amend-ment of or addition to such law;
XS 101 09 20 Services Office, Inc. with its permission. Page 3 of 12
b. The CAN-SPAM Act of 2003, includ-ing any amendment of or addition to such law;
c. The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or
d. Any federal, state or local statute, or-dinance 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, send-ing, transmitting, communicating or distribution of material or information.
3. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "elec-tronic data".
This exclusion does not apply when such insurance is provided by valid and collect-ible "underlying insurance" listed in the Schedule of Underlying Insurance, or would have been provided by such listed "underlying insurance" except for the ex-haustion by payment of claims of its limits of insurance, and then only for such haz-ards for which coverage is provided by such "underlying insurance", unless oth-erwise excluded by this Coverage Part.
4. Pollutant - Auto Any liability arising out of the actual, al-leged or threatened discharge, dispersal, seepage, migration, release, emission or escape of "pollutants":
a. That are, or that are contained in any property that is:
(1) Being transported or towed by, handled, or handled for move-ment into, onto or from, an auto that an "insured" owns, hires, borrows, rents, leases, or that is operated on their behalf in any other fashion;
(2) Otherwise in the course of transit by or on behalf of the "insured";
or
(3) Being stored, disposed of, treat-ed or processed in or upon an auto that an "insured" owns, hires, borrows, rents, leases, or that is operated on their behalf in any other fashion;
b. Before the "pollutants" or any proper-ty in which the "pollutants" are con-tained are moved from the place where they are accepted by the "in-sured" for movement into or onto an auto that an "insured" owns, hires, borrows, rents, leases, or that is op-erated on their behalf in any other fashion; or
c. After the "pollutants" or any property in which the "pollutants" are con-tained are moved from an auto that an "insured" owns, hires, borrows, rents, leases, or that is operated on their behalf in any other fashion to the place where they are finally delivered, disposed of or abandoned by the "in-sured".
Paragraph a. above does not apply to bodily injury or property damage aris-ing from fuels, lubricants, or other operating fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of an auto that an "in-sured" owns, hires, borrows, rents, leases, or that is operated on their behalf in any other fashion or its parts, if:
(1) The "pollutants" escape, seep, migrate, or are discharged, dis-persed or released directly from an auto part designed by its manufacturer to hold, store, re-ceive or dispose of such "pollu-tants"; and
(2) The bodily injury or property damage does not arise out of the operation of:
(a) Cherry pickers and similar devices mounted on auto-mobile or truck chassis and used to raise or lower work-ers; or
(b) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical explo-ration, lighting and well-servicing equipment.
However, this exception to Paragraph
(a) does not apply if the fuels, lubri-cants, or other operating fluids, ex-haust gases or other similar "pollu-tants" are intentionally discharged, dispersed, emitted or released.
Paragraphs b. and c. above do not apply to an occurrence that occurs
XS 101 09 20 Services Office, Inc. with its permission. Page 4 of 12 away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon an auto that an "insured" owns, hires, bor-rows, rents, leases, or that is operat-ed on their behalf in any other fashion if:
(1) The "pollutants" or any property in which the "pollutants" are con-tained are upset, overturned or damaged as a result of the maintenance or use of an auto that an "insured" owns, hires, borrows, rents, leases, or that is operated on their behalf in any other fashion; and
(2) The discharge, dispersal, seep-age, migration, release, emis-sion or escape of the "pollutants" is caused directly by such upset, overturn or damage.
5. Pollutant - Other Than Auto
a. Any liability arising out of the actual, alleged or threatened discharge, dis-persal, seepage, migration, release, emission or escape of "pollutants":
(1) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any "in-sured".
However, Paragraph a.(1) of this exclusion does not apply to the following if such liability is cov-ered by "underlying insurance" listed in the Schedule of Underly-ing Insurance, and subject to all its terms, limitations and condi-tions:
(a) Bodily injury, if sustained within a building and caused by smoke, fumes, vapor or soot produced by or origi-nating from equipment that is used to heat, cool or de-humidify the building, or equipment that is used to heat water for personal use by the building's occupants or their guests;
(b) Bodily injury or property damage for which you may be held liable, if you are a contractor, and the owner or lessee of such premises, site or location has been added to your "underlying insurance" as an additional "insured" with respect to your ongoing operations performed for that additional "insured" at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any "insured", other than that additional "insured"; or
(c) Bodily injury or property damage arising out of heat, smoke or fumes from a "hostile fire";
(2) At or from any premises, site or location which is or was at any time used by or for any "insured" or others for the handling, stor-age, disposal, processing or treatment of waste;
(3) Which are or were at any time transported, handled, stored, treated, disposed of, or pro-cessed as waste by or for any "insured" or any person or organ-ization for whom you may be le-gally responsible;
(4) At or from any premises, site or location on which any "insured" or any contractors or subcontrac-tors working directly or indirectly on any "insured's" behalf are performing operations, if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such "insured", contractor or subcontractor.
However, Paragraph a.(4) of this exclusion does not apply to the following if such liability is cov-ered by "underlying insurance" listed in the Schedule of Underly-ing Insurance, and subject to all its terms, limitations and condi-tions:
(a) Bodily injury or property damage arising out of the escape of fuels, lubricants or other operating fluids which are needed to per-form the normal electrical, hydraulic or mechanical functions necessary for the operation of mobile equip-ment or its parts, if such fuels, lubricants or other op-erating fluids escape from a vehicle part designed to hold, store or receive them.
XS 101 09 20 Services Office, Inc. with its permission. Page 5 of 12
This exception does not ap-ply if the bodily injury or property damage arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other op-erating fluids, or if such fuels, lubricants or other op-erating fluids are brought on or to the premises, site or location with the intent that they be discharged, dis-persed or released as part of the operations being per-formed by such "insured", contractor or subcontractor;
(b) Bodily injury or property damage sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contrac-tor or…
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