2008/07/13 Buxton Company General Liability Extension EndorsementG-147167-B99
CNA Buxton Company # 2093358583 07/13/08 07/13/09 (Ed. 12/06)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered
as an additional insured on any other endorsement now or hereafter attached to this Coverage Part.
1. ADDITIONAL INSURED —BLANKET VENDORS
WHO IS AN INSURED (Section II) is amended to
include as an additional insured any person or
organization (referred to below as vendor) with whom
you agreed, because of a written contract or
agreement to provide insurance, but only with respect
to "bodily injury" or "property damage" arising out of
"your products" which are distributed or sold in the
regular course of the vendor's business, subject to the
following additional exclusions:
1. The insurance afforded the vendor does not
apply to:
a. "Bodily injury" or "property damage" for
which the vendor is obligated to pay
damages by reason of the assumption of
liability in a contract or agreement. This
exclusion does not apply to liability for
damages that the vendor would have in
the absence of the contract or agreement;
b. Any express warranty unauthorized by
you;
c. Any physical or chemical change in the
product made intentionally by the vendor;
d. Repackaging, except when unpacked
solely for the purpose of inspection,
demonstration, testing, or the'substitution
of parts under instructions from the
manufacturer, and then repackaged in the
original container;
e. Any failure to make such inspections,
adjustments, tests or servicing as the
vendor has agreed to make or normally
undertakes to make in the usual course of
business, in connection with the
distribution or sale of the products;
f. Demonstration, installation, servicing or
repair operations, except such operations
performed at the vendor's premises in
connection with the sale of the product;
g. Products which, after distribution or sale
by you, have been labeled or relabeled or
used as a container, part or ingredient of
any other thing or substance by or for the
vendor; or
h. "Bodily injury" or "property damage"
arising out of the sole negligence of the
vendor for its own acts or omission or
those of its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(1) The exceptions contained in
Subparagraphs d. or f.; or
(2) Such inspections, adjustments, tests
or servicing as the vendor has agreed
to make or normally undertakes to
make in the usual course of
business, in connection with the
distribution or sale of the products.
2. This insurance does not apply to any insured
person or organization, from whom you have
acquired such products, or any ingredient,
part or container, entering into, accompanying
or containing such products.
3. This provision 1. does not apply to any vendor
included as an insured by an endorsement
issued by us and made a part of this
Coverage Part.
4. This provision 1. does not apply if "bodily
injury" or "property damage" included within
the "products -completed operations hazard" is
excluded either by the provisions of the
Coverage Part or by endorsement.
2. MISCELLANEOUS ADDITIONAL INSUREDS
WHO IS AN INSURED (Section II) is amended to
include as an insured any person or organization
(called additional insured) described in paragraphs
2.a. through 2.g. below whom you are required to add
as an additional insured on this policy under a written
contract or agreement but the written contract or
agreement must be:
1. Currently in effect or becoming effective
during the term of this policy; and
2. Executed prior to the "bodily injury," "property
damage" or "personal injury and advertising
injury," but
Only the following persons or organizations are
additional insureds under this endorsement and
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coverage provided to such additional insureds is
limited as provided herein:
a. State or Political Subdivisions
A state or political subdivision subject to
the following provisions:
(1) This insurance applies only with
respect to the following hazards for
which the state or political subdivision
has issued a permit in connection
with premises you own, rent, or
control and to which this insurance
applies:
(a) The existence, maintenance,
repair, construction, erection, or
removal of advertising signs,
awnings, canopies, cellar
entrances, coal holes, driveways,
manholes, marquees, hoistaway
openings, sidewalk vaults, street
banners, or decorations and
similar exposures; or
(b) The construction, erection, or
removal of elevators; or
(2) This insurance applies only with
respect to operations performed by
you or on your behalf for which the
state or political subdivision has
issued a permit.
This insurance does not apply to "bodily
injury," "property damage" or "personal
and advertising injury" arising out of
operations performed for the state or
municipality.
b. Controlling Interest
Any persons or organizations with a
controlling interest in you but only with
respect to their liability arising out of:
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(Ed. 12/06)
This insurance does not apply to:
(1) Any "occurrence" which takes place
after you cease to be a tenant in
that premises; or
(2) Structural alterations, new
construction or demolition
operations performed by or on
behalf of such additional insured.
d. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver but
only with respect to their liability as
mortgagee, assignee, or receiver and
arising out of the ownership,
maintenance, or use of a premises by
you.
This insurance does not apply to
structural alterations, new construction or
demolition operations performed by or for
such additional insured.
e. Owners/Other Interests — Land is
Leased
An owner or other interest from whom
land has been leased by you but only with
respect to liability arising out of the
ownership, maintenance or use of that
specific part of the land leased to you and
subject to the following additional
exclusions:
This insurance does not apply to:
(1) Any "occurrence" which takes place
after you cease to lease that land; or
(2) Structural alterations, new
construction or demolition operations
performed by or on behalf of such
additional insured.
f. Co-owner of Insured Premises
(1) Their financial control of you; or A co-owner of a premises co -owned by
(2) Premises they own, maintain or you and covered under this insurance but
control while you lease or occupy only with respect to the co -owners liability
these premises. as co-owner of such premises.
This insurance does not apply to
structural alterations, new construction
and demolition operations performed by
or for such additional insured.
c. Managers or Lessors of Premises
A manager or lessor of premises but only
with respect to liability arising out of the
ownership, maintenance or use of that
specific part of the premises leased to
you and subject to the following additional
exclusions:
g. Lessor of Equipment
Any person or organization from whom
you lease equipment. Such person or
organization are insureds only with
respect to their liability arising out of the
maintenance, operation or use by you of
equipment leased to you by such person
or organization. A person's or
organization's status as an insured under
this endorsement ends when their written
contract or agreement with you for such
leased equipment ends.
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With respect to the insurance afforded
these additional insureds, the following
additional exclusions apply:
This insurance does not apply:
(1) To any "occurrence" which takes
place after the equipment lease
expires; or
(2) To "bodily injury," "property damage,"
or "personal and advertising injury"
arising out of the sole negligence of
such additional insured.
Any insurance provided to an additional insured
designated under paragraphs a. through g. above
does not apply to "bodily injury" or "property
damage" included within the "products -completed
operations hazard."
As respects the coverage provided under this
endorsement, Paragraph 4.b. SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS is deleted and replaced with the
following:
4. Other Insurance
b. Excess Insurance
This insurance is excess over:
Any other insurance naming the
additional insured as an insured whether
primary, excess, contingent or on any
other basis unless a written contract or
agreement specifically requires that this
insurance be either primary or primary
and noncontributing. Where required by
written contract or agreement, we will
consider any other insurance maintained
by the additional insured for injury or
damage covered by this endorsement to
be excess and noncontributing with this
insurance.
3. NEWLY FORMED OR ACQUIRED
ORGANIZATIONS
Paragraph 3.a. of Section II — Who Is An Insured is
deleted and replaced by the following:
Coverage under this provision is afforded only until the
end of the policy period or the next anniversary of this
policy's effective date after you acquire or form the
organization, whichever is earlier.
4. JOINT VENTURES / PARTNERSHIP / LIMITED
LIABILITY COMPANY COVERAGE
A. The following is added to Section II — Who Is An
Insured:
4. You are an insured when you had an interest
in a joint venture, partnership or limited
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(Ed. 12/06)
liability company which terminated or ended
prior to or during this policy period but only to
the extent of your interest in such joint
venture, partnership or limited liability
company. This coverage does not apply:
a. Prior to the termination date of any joint
venture, partnership or limited liability
company; or
b. If there is other valid and collectible
insurance purchased specifically to insure
the partnership, joint venture or limited
liability company.
B. The last paragraph of Section II — Who Is An
Insured is deleted and replaced by the following:
Except as provided in 4. above, no person or
organization is an insured with respect to the
conduct of any current or past partnership, joint
venture or limited liability company that is not
shown as a Named Insured in the Declarations.
5. PARTNERSHIP OR JOINT VENTURES
Paragraph 1.b. of Section II — Who Is An Insured is
deleted and replaced by the following:
b. A partnership (including a limited liability
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.
6. EMPLOYEES AS INSUREDS — HEALTH CARE
SERVICES
For other than a physician, paragraph 2.a(1)(d) of
Section II — Who Is An Insured does not apply with
respect to professional health care services provided
in the course of employment by you.
7. SUPPLEMENTARY PAYMENTS
A. Under Section I — Supplementary Payments —
Coverages A and B, Paragraph 1.b., the limit of
$250 shown for the cost of bail bonds is replaced
by $2,500:
B. In Paragraph 1.d., the limit of $250 shown for daily
loss of earnings is replaced by $1,000.
8. MEDICAL PAYMENTS
A. Paragraph 7. Medical Expense Limit, of Section
III — Limits of Insurance is deleted and replaced
by the following:
7. Subject to S. above (the Each Occurrence
Limit), the Medical Expense Limit is the most
we will pay under Section — I — Coverage C
for all medical expenses because of "bodily
injury" sustained by any one person. The
Medical Expense Limit is the greater of:
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