CTR055542_2022-06-04_COI.pdf
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- Attached to
- Master Agreement AZ|CTR055542
- Contract number
- CTR055542
- Issued by
- Arizona
About this file
This document is a Commercial General Liability Insurance Certificate issued by the Social Service Contractors Indemnity Pool (S.S.C.I.P.) for Family Service Aides LLC, with Wesco Insurance Company as the insurer. The policy covers operations in Arizona and is specifically designed for a contract with the State of Arizona, including its Department of Child Safety, Office of Procurement & Contracts. The certificate is dated September 20, 2021, with a policy period from September 26, 2021 to June 4, 2022.
The insurance provides comprehensive coverage including commercial general liability, automobile liability, workers' compensation, and professional liability with specific protections for sexual abuse and molestation. The policy includes limits of $1,000,000 per occurrence, $2,000,000 general aggregate, and $2,000,000 for professional liability and sexual abuse coverage. The State of Arizona is listed as an additional insured, with coverage extending to the state's departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the contractor. The solicitation number is BPM003267, indicating this is likely a state procurement contract for social services.
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Text version
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED
$PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
9/20/2021
The Arizona Group 1125 East Southern Avenue, Suite 101 Mesa AZ 85204
Debbie Lombardero, CIC, CISR 480-584-4519 480-892-7625 debbie.lombardero@arizonagroup.com
S.S.C.I.P. 14329 FAMISER-01 Wesco Insurance Company 25011
Family Service Aides LLC 8828 N. Central Ave., Suite 301 Phoenix AZ 85020
666882476
A X 1,000,000 X 1,000,000
10,000
1,000,000
2,000,000 X
Y Y SS6000337-4 9/26/2021 6/4/2022
2,000,000
A 1,000,000
X
Y Y SS6000337-4 9/26/2021 6/4/2022
B XWWC3537948 6/4/2021 6/4/2022
1,000,000
1,000,000
1,000,000 A Professional Liability
Sexual Abuse & Molestation
SS6000337-4 9/26/2021 6/4/2022 Agg/Each Incident
Agg/Each Incident
$2Mil/$1Mil
$2Mil/$1Mil
Additional insured and subrogation waived as per attached: SSGLCOV (01-21) and SSPLAT (01-21) Solicitation #: BPM003267 State of Arizona, its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees are additional insured per form SSCOMMAIAZ (05-19) and Waiver of Subrogation applies per attached form SSCOMMWOSAZ (05-19).
State of Arizona Department of Child Safety Office of Procurement & Contracts 3003 N. Central Ave., 20th Fl.
Phoenix AZ 85012
Social Service Contractors Indemnity Pool
SSGLCOV (01/21) Includes wording © ISO Properties, Inc. Used with Permission. Page 1 of 26
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered.
Throughout this policy, the words “you” and “your” refer to the Named Insured shown in the Declarations. The words “we”, “us,” “our,” and “Pool” refer to the Social Service Contractors Indemnity Pool.
Other words and phrases that appear in quotation marks have special meaning. Refer to Section V – Definitions.
SECTION I – COVERAGES
COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured becomes legally obligated to pay as damages because of “bodily injury” or “property damage” to which this insurance applies. We will have the right and duty to defend the insured against any “suit” seeking those damages.
However, we will have no duty to defend the insured against any “suit” seeking damages for “bodily injury” or “property damage” to which this insurance does not apply. We may, at our discretion, investigate any “occurrence” and settle any claim or “suit” that may result.
But:
(1) The amount we will pay for damages is limited as described in Section III – Limits Of
Insurance; and
(2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B, medical expenses under Coverage C, or damages or “defense expenses” under Coverage D.
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under the Supplementary Payments – Coverages A and B.
b. This insurance applies to “bodily injury” and “property damage” only if:
(1) The “bodily injury” or “property damage” is caused by an “occurrence” that takes place in the “coverage territory”;
(2) The “bodily injury” or “property damage” occurs during the policy period; and
(3) Under Paragraph 1. of Section II – Who Is An Insured and no “employee” authorized by you to give or receive notice of an “occurrence” or claim, knew that the “bodily injury” or “property damage” had occurred, in whole or in part. If such listed insured or authorized “employee” knew, prior to the policy period, that the “bodily injury” or “property damage” occurred, then any continuation, change or resumption of such “bodily injury” or “property damage” during or after the policy period will be deemed to have been known prior to the policy period.
c. “Bodily injury” or “property damage” which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph
1. of Section II – Who Is An Insured or any “employee” authorized by you to give or receive notice of an “occurrence” or claim, includes any continuation, change or resumption of that “bodily injury” or “property damage” after the end of the policy period.
d. “Bodily injury” or “property damage” will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II – Who Is An Insured or any “employee” authorized by you to give or receive notice of an “occurrence” or claim:
(1) Reports all, or any part, of the “bodily injury” or “property damage” to us or any other insurer;
Policy # 6000337-4
SSGLCOV (01/21) Includes wording © ISO Properties, Inc. Used with Permission. Page 2 of 26
(2) Receives a written or verbal demand or claim for damages because of the “bodily injury” or “property damage”; or
(3) Becomes aware by any other means that “bodily injury” or “property damage” has occurred or has begun to occur.
e. Damages because of “bodily injury” include damages claimed by any person or organization for care, loss of services or death resulting at any time from the “bodily injury”.
2. Exclusions This insurance does not apply to:
a. Expected or Intended Injury
“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.
b. Contractual Liability “Bodily injury” or “property damage” for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages:
(1) That the insured would have in the absence of the contract or agreement;or
(2) Assumed in a contract or agreement that is an “insured contract”, provided the
“bodily injury” or “property damage” occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an “insured contract”, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of “bodily injury” or “property damage”, provided:
(a) Liability to such party for, or for the cost of, that party’s defense has also been assumed in the same “insured contract”; and
(b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies arealleged.
c. Liquor Liability “Bodily injury” or “property damage” for which any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication of that person;
(2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or
(3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages.
This exclusion applies:
(1) If the insured is in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages; or
(2) To any “special event” at which you, your “employees”, or your volunteer workers sell alcoholic beverages or sell tickets or coupons which maybe exchanged for alcoholic beverages.
d. Workers’ Compensation and Similar Laws Any obligation of the insured under a workers’ compensation, disability benefits or unemployment compensation law or any similar law.
e. Employer’s Liability “Bodily injury” to:
(1) An “employee” of the insured arising out of and in the courseof:
(a) Employment by the insured; or
SSGLCOV (01/21) Includes wording © ISO Properties, Inc. Used with Permission. Page 3 of 26
(b) Performing duties related to the conduct of the insured’s business;or
(2) The spouse, child, parent, brother or sister of that “employee” as a consequence of Paragraph (1) above.
This exclusion applies:
(1) Whether the insured may be liable as an employer or in any other capacity; and
(2) To any obligation to share damages with or repay someone else who must pay damages because of the injury.
This exclusion does not apply to liability assumed by the insured under an “insured contract”.
f. Pollution
(1) “Bodily injury” or “property damage” arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of “pollutants”:
(a) 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 insured. However, this subparagraph does not applyto:
(i) “Bodily injury” if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building’s occupants or their guests;.
(ii) “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 policy 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
(iii) “Bodily injury” or “property damage” arising out of the heat, smoke or fumes from a “hostile fire”.
(b) 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, storage, disposal, processing or treatment of waste;
(c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for:
(i) Any insured; or
(ii) Any person or organization for whom you may be legally responsible; or
(d) At or from any premises, site or location on which any insured or any contractors or subcontractors 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, this subparagraph does not apply to:
(i) “Bodily injury” or “property damage” arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical, functions necessary for the operation of “mobile equipment” or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them.
This exception does not apply if the “bodily injury” or “property
SSGLCOV (01/21) Includes wording © ISO Properties, Inc. Used with Permission. Page 4 of 26 damage” arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor.
(ii) “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 contractor or subcontractor;or
(iii) “Bodily injury” or “property damage” arising out of heat, smoke or fumes from a “hostile fire”.
(e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured’s behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, “pollutants”.
(2) Any loss, cost or expense arising out of any:
(a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, “pollutants”; or
(b) Claim or “suit” by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, “pollutants”.
However, this paragraph does not apply to liability for damages because of “property damage” that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or “suit” by or on behalf of a governmental authority.
(3) The application of this Exclusion is not limited to traditional environmental contaminants, but rather applies to all “damages” caused by “pollutants” as those terms are defined in this policy.
g. Aircraft, Auto or Watercraft “Bodily injury” or “property damage” arising out of the ownership, maintenance, use or entrustment to others of any aircraft, “auto”, drone or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and “loading or unloading”.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the “occurrence ” which caused the “bodily injury” or property damage” involved the ownership, maintenance, use or entrustment to others of any aircraft, “Auto” or watercraft that is owned or operated by or rented or loaned to any insured.
This exclusion does not apply to:
(1) A watercraft while ashore on premises you own or rent;
(2) A watercraft you do not own that is:
(a) Less than 58 feet long; and
(b) Not being used to carry persons or property for a charge;
(3) Parking an “auto” on, or on the ways next to, premises you own or rent, provided the “auto” is not owned by or rented or loaned to you or the insured; or
SSGLCOV (01/21) Includes wording © ISO Properties, Inc. Used with Permission. Page 5 of 26
(4) Liability assumed under any “insured contract” for the ownership, maintenance or use of aircraft or watercraft.
h. Mobile Equipment “Bodily injury” or “property damage” arising out of:
(1) The transportation of “mobile equipment” by an “auto” owned or operated by or rented or loaned to any insured; or
(2) The use of “mobile equipment” in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity.
i. War
“Bodily injury” or “property damage” however caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these.
j. Damage to Property “Property damage” to:
(1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to any person or damage to another’s property;
(2) Premises you sell, give away or abandon, if the “property damage” arises out of any part of those premises;
(3) Property loaned to you;
(4) Personal property in the care, custody or control of the insured;
(5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the “property damage” arises out of those operations; or
(6) That particular part of any property that must be restored, repaired or replaced because “your work” was incorrectly performed on it.
Paragraphs (1), (3) and (4) of this exclusion do not apply to “property damage” (other than damage by fire) to premises, including the contents of such premises, while rented to you, or temporarily occupied by you with permission of the owner, for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III – Limits of Insurance.
Paragraph (2) of this exclusion does not apply if the premises are “your work” and were never occupied, rented or held for rental by you.
Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement.
Paragraph (6) of this exclusion does not apply to “property damage” included in the “products-completed operations hazard”.
k. Damage To Your Product “Property damage” to “your product” arising out of it or any part of it.
l. Damage To Your Work “Property damage” to “your work” arising out of it or any part of it and included in the “products–completed operations hazard”.
This exclusion does not apply if the damaged work or the work out of which the damage
SSGLCOV (01/21) Includes wording © ISO Properties, Inc. Used with Permission. Page 6 of 26 arises was performed on your behalf by a sub-contractor.
m. Damage to Impaired Property or Property Not Physically Injured
“Property damage” to “impaired property” or property that has not been physically injured, arising out of:
(1) A defect, deficiency, inadequacy or dangerous condition in “your product” or “your work”;or
(2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms.
This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to “your product” or “your work” after it has been put to its intended use.
n. Recall of Products, Work or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of:
(1) “Your product”;
(2) “Your work”; or
(3) “Impaired property”;
if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it.
o. Personal And Advertising Injury “Bodily injury” arising out of “personal and advertising injury”.
p. Hazardous Special Events “Bodily injury” and “property damage” arising out of any “special event” involving:
(1) Any fair, rodeo, carnival, amusement park or device, circus, haunted house, street party, zoo, rappelling, whitewater rafting, arena, grandstand, hall, theater, or similar facility or activity;
(2) Athletic events or activities, whether professional, semi-professional or amateur;
(3) Racing, speed, demolition or stunting activities or timed events of any kind;or
(4) Fireworks or pyrotechnics;
unless that “special event” is specifically described in the Declarations or an endorsement to this Coverage Part.
q. “Asbestos” or “Asbestos-Related dust”
(1) “Bodily injury” arising, in whole or in part, out of the actual, alleged, threatened or suspected inhalation of, or ingestion of, “asbestos” or “asbestos-related dust”.
(2) “Property damage” arising, in whole or in part, out of the actual, alleged, threatened, or suspected contact with, exposure to, existence of, or presence of “asbestos” or “asbestos-related dust”.
This insurance does not apply to any loss, cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to or assessing the effects of, “asbestos” or “asbestos-related dust”, by any insured or by any other person or entity whether it was done knowingly or unknowingly or by accident.
r. Abuse or Molestation
(1) “Bodily injury” or “property damage” arising out of:
(a) “Abuse” of anyone by anyone if the insured is alleged to have committed, participated or assisted in the “abuse”; or
SSGLCOV (01/21) Includes wording © ISO Properties, Inc. Used with Permission. Page 7 of 26
(b) “Abuse” of anyone while in the care, custody or control of any insured.
(2) The negligent:
(a) Employment;
(b) Investigation;
(c) Supervision;
(d) Reporting to the proper authorities, or failure to so report; or
(e) Retention;
of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by Paragraph (1) above.
s. Organic Pathogens Any claim for loss or damage of any kind arising out of, resulting from, caused by, contributed to or aggravated by any “organic pathogen,” including any actual, alleged, possible or threatened infectious, pathogenic, toxic or other harmful properties of any “organic pathogen”, including any contact with or exposure to any “organic pathogen.”
This exclusion applies to all coverage under all forms and endorsements that comprise the insured’s Commercial General Liability insurance coverage, including but not limited to any endorsements that might otherwise be interpreted as providing coverage for any claim arising out or, or in any way related to, an “organic pathogen.”
t. Electronic Data “Property damage” arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment.
u. Employment-Related Practices “Bodily injury” to:
(3) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person’s employment; or
(c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person; or
(4) The spouse, child, parent, brother or sister of that person as a consequence of “bodily injury” to that person at whom any of the employment-related practices described in Paragraphs (a), (b), or (c) above is directed.
This exclusion applies:
(1) Whether the injury-causing event described in Paragraphs (a), (b), or (c) above occurs before employment, during employment or after employment of that person;
(2) Whether the insured may be liable as an employer or in any other capacity; and
(3) To any obligation to share damages with or repay someone else who must pay damages because of the injury.
v. Professional Services
“Bodily injury” or “property damage” arising out of “professional services” rendered by any insured.
SSGLCOV (01/21) Includes wording © ISO Properties, Inc. Used with Permission. Page 8 of 26
w. Recording And Distribution of Material Or Information In Violation of Law “Bodily injury” or “property damage” arising directly or indirectly out of any action or omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law;
(2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law;
(3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or
(4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information.
Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III – Limits of Insurance.
x. Corporal Punishment This insurance does not apply to “bodily injury” or “property damage” to your student arising out of any corporal punishment administered by or at the direction of any insured.
COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured becomes legally obligated to pay as damages because of “personal and advertising injury” to which this insurance applies. We will have the right and duty to defend the insured against any “suit” seeking those damages.
However, we will have no duty to defend the insured against any “suit” seeking damages for “personal and advertising injury” to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or “suit” that may result. But:
(1) The amount we will pay for damages is limited as described in Section III – Limits
Of Insurance; and
(2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B, medical expenses under Coverage C, or damages or “defense expenses” under Coverage D.
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under the Additional Coverage or Supplementary Payments – Coverages A and B.
b. This insurance applies to “personal and advertising injury” caused by an offense arising out of your business but only if the offense was committed in the “coverage territory” during the policy period.
2. Exclusions This insurance does not apply to:
a. Knowing Violation of Rights of Another
“Personal and advertising injury” caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict “personal and advertising injury”.
b. Material Published With Knowledge of Falsity “Personal and advertising injury” arising out of oral, written, televised, videotaped or
SSGLCOV (01/21) Includes wording © ISO Properties, Inc. Used with Permission. Page 9 of 26 electronic publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity.
c. Material Published Prior To Policy Period “Personal and advertising injury” arising out of oral, written, televised, videotaped or electronic publication, in any manner, of material whose first publication took place before the beginning of the policyperiod.
d. Criminal Acts “Personal and advertising injury” arising out of a criminal act committed by or at the direction of the insured.
e. Contractual Liability “Personal and advertising injury” for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.
f. Breach of Contract “Personal and advertising injury” arising out of a breach of contract, except an implied contract to use another’s advertising idea in your “advertisement”.
g. Quality or Performance of Goods – Failure to Conform ToStatements “Personal and advertising injury” arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your “advertisement”.
h. Wrong Description of Prices “Personal and advertising injury” arising out of the wrong description of the price of goods, products or services stated in your “advertisement”.
i. Infringement of Copyright, Patent, Trademark or TradeSecret “Personal and advertising injury” arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual propertyrights. Under this exclusion, such other intellectual property rights do not include the use of another’s advertising idea in your “advertisement”.
However, this exclusion does not apply to infringement, in your “advertisement”, of copyright, trade dress or slogan.
j. Insureds in Media and Internet Type Businesses “Personal and advertising injury” committed by an insured whose business is:
(1) Advertising, broadcasting, publishing or telecasting;
(2) Designing or determining content of websites for others; or
(3) An Internet search, access, content or service provider.
However, this exclusion does not apply to Paragraphs 16.a., b. and c. of “personal and advertising injury” under the Definitions section.
For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself considered the business of advertising, broadcasting, publishing or telecasting.
k. Electronic Chatrooms or Bulletin Boards “Personal and advertising injury” arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control.
l. Unauthorized Use of Another’s Name or Product “Personal and advertising injury” arising out of the unauthorized use of another’s name or product in your e- mail address, domain name or metatag, or any other similar tactics to mislead another’s potential customers.
m. Pollution
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“Personal and advertising injury” arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of “pollutants” at any time.
n. Pollution-Related Any loss, cost or expense arising out of any:
(1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, “pollutants”; or
(2) Claim or “suit ” by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, “pollutants”.
o. Abuse or Molestation “Personal and advertising injury” arising out of arising out of “abuse” of anyone by anyone if the insured is alleged to have committed, participated or assisted in the “abuse”;
p. Data “Personal and advertising injury” arising out of the collection, maintenance, distribution or access by anyone of data or information, including “electronic data”. As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment.
q. Employment-Related Practices “Personal and advertising injury” arising out of any wrongful termination of employment, discrimination, or other employment-related practices.
r. Recording And Distribution of Material Or Information In Violation of Law “Personal and advertising injury” arising directly or indirectly out of any action or omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law;
(2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law;
(3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or
(4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information.
s. War “Personal and advertising injury” arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;or
(2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against anyof these.
t. Professional Services “Personal and advertising injury” arising out of “professional services” rendered by any "insured".
u. Corporal Punishment
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This insurance does not apply to “personal and advertising injury” to your student arising out of any corporal punishment administered by or at the direction of any insured.
COVERAGE C MEDICAL PAYMENTS
1. Insuring Agreement
a. We will pay medical expenses as described below for “bodily injury” caused by an accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or rent; or
(3) Because of your operations; provided that:
(a) The accident takes place in the “coverage territory” and during the policy period;
(b) The expenses are incurred and reported to us within three years of the date of the accident; and
(c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require.
b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expensesfor:
(1) First aid administered at the time of an accident;
(2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices;
and
(3) Necessary ambulance, hospital, professional nursing and funeralservices.
2. Exclusions We will not pay expenses for “bodily injury”:
a. Any Insured
To any insured, except “volunteer workers”.
b. Hired Person
To a person hired to do work for or on behalf of any insured or a tenant of any insured.
c. Injury on Normally Occupied Premises
To a person injured on that part of premises you own or rent that the person normally occupies.
d. Workers Compensation and Similar Laws To a person, whether or not an “employee” of any insured, if benefits for the “bodily injury” are payable or must be provided under a workers’ compensation or disability benefits law or similar law.
e. Athletics Activities To a person injured while taking practicing, instructing or participating in any physical exercises or games, sports, or athletic contests.
f. Products-Completed Operations Hazards Included within the “products-completed operations hazard”.
g. Coverage A Exclusions Excluded under Coverage A.
COVERAGE D DATA SECURITY BREACH
1. Insuring Agreement
a. We will pay those sums that the insured becomes legally obligated to pay as damages because of a “data security breach” that is first discovered during the policy period shown in the Declarations. We will reimburse the insured for “defense expenses” incurred in defending a “suit” seeking to recover damages for a covered "data security breach."
However, we will have no duty to defend the insured against any claim or “suit” seeking damages for a “data security breach”.
This Coverage D applies to damages only if:
(1) The damages are the result of a “data security breach” that occurs in the “coverage territory” and is reported to us in writing during the policy period; and
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(2) Prior to the effective date of this policy, no insured had knowledge of the "data security breach."
(3) Any series of related "data security breaches" shall be considered one “data security breach” deemed to have occurred when the first “data security breach” in the series was reported in writing to us.
b. The amount we will pay for damages and “defense expenses” under this insuring agreement is limited as described in Section III. – Limits of Coverage;
c. Our obligation under Coverage D ends when we have used up the Data Security Aggregate limit of insurance in the payment of judgments, settlements, or reimbursement of “defense expenses.”
2. Exclusions Under Coverage D we will not pay for damages or “defense expenses” based upon, attributable to, or arising out of:
a. “Bodily injury”, “property damage”, or “personal or advertising injury”;
b. Any of the following:
(1) War, including undeclared or civil war or civil unrest;
(2) Warlike action by military force, including action hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped power or action taken by government authority in hindering or defending against any of these.
c. Any unexplained or indeterminable:
(1) Failure, malfunction, or slowdown of a “computer system”; or
(2) Inability to access or manipulate “electronic data.”
d. Any disruption in normal computer function or network service or function due to insufficient capacity to process transactions or due to an overload of activity on a “computer system” or network.
e. Any disruption of internet service or any external telecommunication network, regardless of the cause.
f. Any failure of, reduction in, or surge of power, regardless of the cause.
g. Any actual or alleged violation of the Racketeer Influenced and Corrupt Organizations Act
(RICO) and its amendments, or similar provisions of any federal, state or local statutory or common law.
h. Any malfunction or failure of any satellite.
i. An insured’s assumption of liability by contract or agreement, whether oral or written.
However, this exclusion shall not apply to any liability that an insured would have incurred in the absence or such contract or agreement.
j. Any actual or alleged patent or trade secret violation, including any actual or alleged violation of the Patent Act, the Economic Espionage Act of 1996, or the Uniform Trade Secrets Act and their amendments.
k. Any of the following:
(1) The actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of “pollutants” or “organic pathogens” at any time;
(2) Any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to, or assess the effects of, “pollutants” or “organic pathogens”; or
(3) Any claim or “suit” brought by, or on behalf of, any governmental authority for
SSGLCOV (01/21) Includes wording © ISO Properties, Inc. Used with Permission. Page 13 of 26 damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of “pollutants” or “organic pathogens.”
l. Any claim, “suit”, or other proceeding against an insured which was pending or existed prior to the policy period, or arising out of the same or substantially the same facts, circumstances or allegations which are the subject of, or the basis for, such claim, “suit” , or other proceeding.
m. Any actions or activities related to an insured’s practices as an employer including, but not limited to, refusal to employ, termination of employment, coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution.
This exclusion applies:
(1) Whether the injury-causing event described above occurs before employment, during employment or after employment of the person;
(2) Whether the insured may be liable as an employer or in any other capacity; and
(3) To any obligation to share damages with or repay someone else who must pay damages because of the injury.
n. Any “data security breach” that any insured became aware of prior to the effective date of this policy.
o. Any cost or expense associated with upgrading, maintaining, repairing, remediating, or improving a “computer system” regardless of the reason.
p. Any claim brought or alleged by one insured against another insured, except for a claim brought or alleged by an “employee” against an insured as a result of a “data security breach.”
q. Any criminal, dishonest, malicious or fraudulent act or any willful violation of any statute or regulation committed by an insured acting alone or in collusion with others. However, this exclusion shall not apply to dishonest, malicious or fraudulent acts committed by an “employee”.
r. Fines, penalties, or assessments imposed pursuant to contract or agreement, whether oral or written, including, but not limited to, Payment Care Industry (PCI) fines, penalties, or assessments, SUPPLEMENTARY PAYMENTS – COVERAGES A and B ONLY.
1. We will pay, with respect to any claim we investigate or settle, or any “suit” against an insured we defend:
a. All expenses we incur.
b. Up to $1000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which bodily Coverage A applies. We do not have to furnish these bonds.
c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish thesebonds.
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 $500 a day because of time off from work.
e. All costs taxed against the insured in the “suit ”. However, these payments shall not include attorneys’ fees or awarded against the insured.
f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer.
g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is
SSGLCOV (01/21) Includes wording © ISO Properties, Inc. Used with Permission. Page 14 of 26 within the applicable limit of insurance. These payments will not reduce the limits of insurance.
Supplementary payments may, with regard to certain types of covered claims and damages, erode the applicable Limit of Liability.
2. If we defend an insured against a “suit” and an indemnitee of the insured is also named as a party to the “suit”, we will defend that indemnitee if all of the following conditions aremet:
a. The “suit” against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an “insured contract”;
b. This insurance applies to such liability assumed by the insured;
c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same “insured contract”;
d. The allegations in the “suit” and the information we know about the “occurrence” are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee;
e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such “suit” and agree that we can assign the same counsel to defend the insured and the indemnitee; and
f. The indemnitee:
(1) Agrees in writing to:
(a) Cooperate with us in the investigation, settlement or defense of the“suit”;
(b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the “suit”;
(c) Notify any other insurer whose coverage is available to the indemnitee;and
(d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and
(2) Provides us with written authorization to:
(a) Obtain records and other information related to the “suit”;and
(b) Conduct and control the defense of the indemnitee in such “suit”.
So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I - Coverage A - Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for “bodily injury” and “property damage” and will not reduce the limits of insurance.
Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when:
(a) We have used up the applicable limit of insurance in the payment of judgments or settlements; or
(b) The conditions set forth above, or the terms of the agreement described in
Paragraph f. above, are no longer met.
SECTION II - WHO IS AN INSURED
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner.
b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business.
c. A limited liability company, you are an insured. Your members are also insureds, but only
SSGLCOV (01/21) Includes wording © ISO Properties, Inc. Used with Permission. Page 15 of 26 with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers.
d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders.
e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees.
2. Each of the following is also an insured:
a. Your “volunteer workers” only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business.
However, none of these "employees" or “volunteer workers” are insuredsfor:
(1) “Bodily injury” or “personal and advertising injury”:
(a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co-”employee” while in the course of his or her employment or performing duties related to the conduct of your business, or to your other “volunteer workers” while performing duties related to the conduct of your business;
(b) To the spouse, child, parent, brother or sister of that co-“employee” or “Volunteer worker” as a consequence of Paragraph (1)(a) above;
(c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above;or
(d) Arising out of his or her providing or failing to provide professional health care services.
(2) “Property damage” to property:
(a) Owned, occupied…
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