2019/09/01 Southland Paving Co Certificate of Liability Insuranceb. Infringement or violation;
by any person or organization (including any
insured) of any "intellectual property law or right".
Further, this insurance does not apply to the
entirety of all allegations in any claim or "suit", if
such claim or "suit" includes an allegation of or a
reference to an infringement or violation of any
"intellectual property law or right", even if this
insurance would otherwise apply to any part of the
allegations in the claim or "suit".
This exclusion applies unless the only
infringement or violation of an "intellectual property
law or right" is an offense described in the
definition of "advertising injury" to which this
insurance applies.
7. Lead
a. This insurance does not apply to any damages,
loss, cost or expense arising out of the actual,
alleged or threatened contaminative,
pathogenic, toxic or other hazardous properties
of "lead".
b. This insurance does not apply to any damages,
loss, cost or expense arising, in whole or in
part, out of any:
(1) Demand, order, request or regulatory or
statutory 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; or
(2) Claim or proceeding by or on behalf of a
governmental authority or others for any
damages, loss, cost or expense because of
testing for, monitoring, cleaning up,
removing, containing, treating, detoxifying or
neutralizing, or in any way responding to, or
assessing;
the effects of "lead".
8. War
This insurance does not apply to any damages,
loss, cost or expense, however caused, arising,
directly or indirectly, out of:
a. War, including undeclared or civil war;
b. 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
c. Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against any
of these.
SUPPLEMENTARY PAYMENTS — COVERAGES A
AND B
We will pay, with respect to any claim we investigate
or settle, or any "suit" against an insured we defend:
1. All expenses we incur.
2. Up to $250 for cost of bail bonds required because
of accidents or traffic law violations arising out of
the use of any vehicle to which the Bodily Injury
Liability Coverage applies. We do not have to
furnish these bonds.
3. The cost of bonds to release attachments, but only
for bond amounts within the applicable limit of
insurance. We do not have to furnish these bonds.
4. All reasonable expenses incurred by the insured at
our request to assist us in the investigation or
defense of the claim or "suit", including actual loss
of earnings up to $250 a day because of time off
from work.
5. All court costs taxed against the insured in the
"suit". However, these payments do not include
attorneys' fees or attorneys' expenses taxed
against the insured.
6. Prejudgment interest awarded against the insured
on that part of the judgment we pay. If we make an
offer to pay the applicable limit of insurance, we
will not pay any prejudgment interest based on
that period of time after the offer.
7. All interest on the full amount of any judgment that
accrues after entry of the judgment and before we
have paid, offered to pay, or deposited in court the
part of the judgment that is within the applicable
limit of insurance.
These payments will not reduce the limits of
insurance.
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 with
respect to the conduct of your business. Your
managers are insureds, but only with respect
to their duties as your managers.
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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
insureds for:
(1) "Bodily injury", "advertising injury" or
"personal 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), 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 for 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 or used by,
(b) Rented to, in the care, custody or
control of, or over which physical control
is being exercised for any purpose by
you, any of your "employees", "volunteer
workers", any partner or member (if you are
a partnership or joint venture), or any
member (if you are a limited liability
company).
b. Any person (other than your "employee" or
"volunteer worker"), or any organization while
acting as your real estate manager.
c. Any person or organization having proper
temporary custody of your property if you die,
but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has been
appointed.
d. Your legal representative if you die, but only
with respect to duties as such. That
representative will have all your rights and
duties under this Coverage Part.
3. Any organization you newly acquire or form, other
than a partnership, joint venture or limited liability
company, and over which you maintain ownership
or majority interest, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However, coverage
under this provision is afforded only until the 90th
day after you acquire or form the organization or
the end of the policy period, whichever is earlier.
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.
No person or organization is an insured with respect
to the:
a. Ownership, maintenance or use of any assets; or
b. Conduct of any person or organization whose
assets, business or organization;
you acquire, either directly or indirectly, for any:
a. "Bodily injury" or "property damage" that occurred;
or
b. "Advertising injury" or "personal injury" arising out
of an offense first committed;
in whole or in part, before you, directly or indirectly,
acquired such assets, business or organization.
SECTION III — LIMITS OF INSURANCE
1. The Limits of Insurance shown in the Declarations
and the rules below fix the most we will pay
regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
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2. The General Aggregate Limit is the most we will
pay for the sum of:
a. Medical expenses under Coverage C; and
b. Damages under Coverage A, except damages
for "bodily injury" or "property damage"
included in the "products -completed operations
hazard".
3. The Products -Completed Operations Aggregate
Limit is the most we will pay under Coverage A for
damages for "bodily injury" and "property damage"
included in the "products -completed operations
hazard".
4. The Personal and Advertising Injury Aggregate
Limit is the most we will pay for the sum of
damages under Coverage B.
5. Subject to Paragraph 2. or 3. above, whichever
applies, the Each Occurrence Limit is the most we
will pay for the sum of:
a. Damages under Coverage A; and
b. Medical expenses under Coverage C
for all "bodily injury" and "property damage" arising
out of any one "occurrence".
6. Subject to Paragraph 5. above, the Damage To
Premises Rented To You Limit is the most we will
pay under Coverage A for damages for "property
damage" to any one premises, while rented to
you, or in the case of damage by fire, while rented
to you or temporarily occupied by you with
permission of the owner.
7. Subject to Paragraph 5. above, the Medical
Expense Limit is the most we will pay under
Coverage C for all medical expenses because of
"bodily injury" sustained by any one person.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12
months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits�of Insurance.
SECTION IV — COMMERCIAL GENERAL LIABILITY
CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of the
insured's estate will not relieve us of our
obligations under this Coverage Part.
2. Duties In The Event Of Occurrence, Offense,
Claim Or Suit
a. You must see to it that we are notified as soon
as practicable of an "occurrence" or an offense
which may result in a claim. To the extent
possible, notice should include:
(1) How, when and where the "occurrence" or
offense took place;
(2) The names and addresses of any injured
persons and witnesses; and
(3) The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
b. If a claim is made or "suit" is brought against
any insured, you must:
(1) Immediately record the specifics of the
claim or "suit" and the date received; and
(2) Notify us as soon as practicable.
You must see to it that we receive written
notice of the claim or "suit" as soon as
practicable.
c. You and any other involved insured must:
(1) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
claim or "suit";
(2) Authorize us to obtain records and other
information;
(3) Cooperate with us in the investigation or
settlement of the claim or defense against
the "suit"; and
(4) Assist us, upon our request, in the
enforcement of any right against any
person or organization which may be liable
to the insured for injury or damage to which
this insurance may also apply.
d. No insured will, except at that insured's own
cost, voluntarily make a payment, assume any
obligation, or incur any expense, other than for
first aid, without our consent.
3. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us into
a "suit" asking for damages from an insured; or
b. To sue us on this Coverage Part unless all of
its terms have been fully complied with.
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17) its permission
A person or organization may sue us to recover on
an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this Coverage Part or that are in excess of the
applicable limit of insurance. An agreed settlement
means a settlement and release of liability signed
by us, the insured and the claimant or the
claimant's legal representative.
4. Other Insurance
If other valid and collectible insurance is available
to the insured for a loss we cover under
Coverages A or B of this Coverage Part, our
obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when
Paragraph b. below applies. If this insurance is
primary, our obligations are not affected unless
any of the other insurance is also primary.
Then, we will share with all that other
insurance by the method described in
Paragraph c. below.
b. Excess Insurance
(1) This insurance is excess over:
(a) Any of the other insurance, whether
primary, excess, contingent or on any
other basis:
(i) That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
(ii) That is Fire insurance for premises
rented to you or temporarily
occupied by you with permission of
the owner;
(iii) That is insurance purchased by you
to cover your liability as a tenant for
"property damage" to premises
rented to you or temporarily
occupied by you with permission of
the owner; or
(iv) If the loss arises out of the
maintenance or use of aircraft,
"autos" or watercraft.
(b) Any other primary insurance available to
you covering liability for damages
arising out of the premises or
operations, or the products and
completed operations, for which you
have been added as an additional
insured.
(2) When this insurance is excess, we will have
no duty under Coverages A or B to defend
the insured against any "suit" if any other
insurer has a duty to defend the insured
against that "suit". If no other insurer
defends, we will undertake to do so, but we
will be entitled to the insured's rights
against all those other insurers.
(3) When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
(a) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(b) The total of all deductible and self -
insured amounts under all that other
insurance.
(4) We will share the remaining loss, if any,
with any other insurance that is not
described in this Excess Insurance
provision and was not bought specifically to
apply in excess of the Limits of Insurance
shown in the Declarations of this Coverage
Part.
c. Method Of Sharing
If all of the other insurance permits contribution
by equal shares, we will follow this method
also. Under this approach each insurer
contributes equal amounts until it has paid its
applicable limit of insurance or none of the loss
remains, whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this method, each insurer's
share is based on the ratio of its applicable
limit of insurance to the total applicable limits of
insurance of all insurers.
5. Premium Audit
a. We will compute all premiums for this
Coverage Part in accordance with our rules
and rates.
b. We may audit your books and records as they
relate to this insurance at any time during the
term of this policy and up to three years
afterwards.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such times
as we may request.
6. Representations
By accepting this policy, you agree:
The statements in the Declarations are
accurate and complete;
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b. Those statements are based upon
representations you made to us; and
c. We have issued this policy in reliance upon
your representations.
7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named insured; and
b. Separately to each insured against whom
claim is made or "suit" is brought.
B. Transfer Or Waiver Of Rights Of Recovery
Against Others To Us
We will waive the right of recovery we would
otherwise have had against another person or
organization, for loss to which this insurance
applies, provided the insured has waived their
rights of recovery against such person or
organization in a contract or agreement that is
executed before such loss.
To the extent that the insured's rights to recover
all or part of any payment made under this
Coverage Part have not been waived, those rights
are transferred to us. The insured must do nothing
after loss to impair them. At our request, the
insured will bring "suit" or transfer those rights to
us and help us enforce them.
This condition does not apply to Coverage C.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we
will mail or deliver to the first Named Insured
shown in the Declarations written notice of the
nonrenewal not less than 30 days before the
expiration date.
If notice is mailed, proof of mailing will be sufficient
proof of notice.
SECTION V — DEFINITIONS
1. "Advertisement" means an electronic, oral, written
or other notice; about goods, products or services,
designed for the specific purpose of attracting the
general public or a specific market segment to use
such goods, products or services.
"Advertisement" does not include any e-mail
address, Internet domain name or other electronic
address or metalanguage.
2. "Advertising injury" means injury, other than
"bodily injury", "property damage" or "personal
injury", sustained by a person or organization and
caused by an offense of infringing, in that
particular part of your "advertisement" about your
goods, products or services, upon their:
a. Copyrighted "advertisement"; or
b. Registered collective mark, registered service
mark or other registered trademarked name,
slogan, symbol or title.
3. "Asbestos" means asbestos in any form, including
its presence or use in any alloy, by-product,
compound or other material or waste. Waste
includes materials to be recycled, reconditioned or
reclaimed.
4. "Auto" means:
a. A land motor vehicle, trailer or semitrailer
designed for travel on public roads, including
any attached machinery or equipment; or
b. Any other land vehicle that is subject to a
compulsory or financial responsibility law or
other motor vehicle insurance law where it is
licensed or principally garaged.
However, "auto" does not include "mobile
equipment".
5."Bodily injury" means physical:
a. Injury;
b. Sickness; or
c. Disease;
sustained by a person, including resulting death,
humiliation, mental anguish, mental injury or shock
at any time. All such loss shall be deemed to
occur at the time of the physical injury, sickness or
disease that caused it.
6. "Coverage territory" means:
a. The United States of America (including its
territories and possessions), Puerto Rico and
Canada;
b. International waters or airspace, but only if the
injury or damage occurs in the course of travel
or transportation between any places included
in Paragraph a. above; or
c. All other parts of the world if the injury or
damage arises out of:
(1) Goods or products made or sold by you in
the territory described in Paragraph a.
above;
(2) The activities of a person whose home is in
the territory described in Paragraph a.
above, but is away for a short time on your
business; or
(3) "Advertising injury" or "personal injury"
offenses that take place through the
Internet or similar electronic means of
communication
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provided the insured's responsibility to pay
damages is determined in a "suit" on the merits, in
the territory described in Paragraph a. above or in
a settlement we agree to.
7. "Employee" includes a "leased worker".
"Employee" does not include a "temporary
worker".
8. "Executive officer" means a person holding any of
the officer positions created by your charter,
constitution, by-laws or any other similar
governing document.
9. "Fungi" means any type or form of fungus,
including mold or mildew and any mycotoxins,
spores, scents or byproducts produced or
released by fungi.
10."Hostile fire" means one which becomes
uncontrollable or breaks out from where it was
intended to be.
11. "Impaired property" means tangible property, other
than "your product" or "your work", that cannot be
used or is less useful because:
a. It incorporates "your product" or "your work"
that is known or thought to be defective,
deficient, inadequate or dangerous; or
b. You have failed to fulfill the terms of a contract
or agreement;
if such property can be restored to use by the
repair, replacement, adjustment or removal of
"your product" or "your work" or your fulfilling the
terms of the contract or agreement.
12. "Insured contract" means:
a. A contract for a lease of premises. However,
that portion of the contract for a lease of
premises that indemnifies any person or
organization for damage by fire to premises
while rented to you or temporarily occupied by
you with permission of the owner is not an
"insured contract":
b. A sidetrack agreement;
c. Any easement or license agreement, except in
connection with construction or demolition
operations on or within 50 feet of a railroad;
d. An obligation, as required by ordinance, to
indemnify a municipality, except in connection
with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement
pertaining to your business (including an
indemnification of a municipality in connection
with work performed for a municipality) under
which you assume the tort liability of another
party to pay for "bodily injury" or "property
damage" to a third person or organization. Tort
liability means a liability that would be imposed
by law in the absence of any contract or
agreement.
Paragraph f. does not include that part of any
contract or agreement:
(1) That indemnifies a railroad for "bodily
injury" or "property damage" arising out of
construction or demolition operations,
within 50 feet of any railroad property and
affecting any railroad bridge or trestle,
tracks, road -beds, tunnel, underpass or
crossing;
(2) That indemnifies an architect, engineer or
surveyor for injury or damage arising out of:
(a) Preparing, approving, or failing to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders or drawings
and specifications; or
(b) Giving directions or instructions, or
failing to give them, if that is the primary
cause of the injury or damage; or
(3) Under which the insured, if an architect,
engineer or surveyor, assumes liability for
an injury or damage arising out of the
insured's rendering or failure to render
professional services, including those listed
in (2) above and supervisory, inspection,
architectural or engineering activities.
13. "Intellectual property law or right" means any
a. Certification mark, copyright, patent or
trademark (including collective or service
marks);
b. Right to, or judicial or statutory law recognizing
an interest in, any trade secret or confidential
or proprietary non -personal information;
c. Other right to, or judicial or statutory law
recognizing an interest in, any expression,
idea, likeness, name, slogan, style of doing
business, symbol, title, trade dress or other
intellectual property; or
d. Other judicial or statutory law concerning
piracy, passing off or similar practices.
14. "Lead" means the element lead in any form,
including its presence or use in any alloy, by-
product, compound or other material or waste.
Waste includes materials to be recycled,
reconditioned or reclaimed.
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15. "Leased worker" means a person leased to you by
a labor leasing firm under an agreement between
you and the labor leasing firm, to perform duties
related to the conduct of your business. "Leased
worker" does not include a "temporary worker".
16. "Loading or unloading" means the handling of
property:
a. After it is moved from the place where it is
accepted for movement into or onto an aircraft,
watercraft or "auto";
b. While it is in or on an aircraft, watercraft or
"auto"; or
c. While it is being moved from an aircraft,
watercraft or "auto" to the place where it is
finally delivered;
but "loading or unloading" does not include the
movement of property by means of a mechanical
device, other than a hand truck, that is not
attached to the aircraft, watercraft or "auto".
17. "Mixed dust" means any combination or mixture of
"asbestos" or "silica" and any other dust, fibers or
particles, in any form, including any presence or
use in any alloy, by-product, compound or other
material or waste. Waste includes materials to be
recycled, reconditioned or reclaimed.
18. "Mobile equipment" means any of the following
types of land vehicles, including any attached
machinery or equipment:
a. Bulldozers, farm machinery, forklifts and other
vehicles designed for use principally off public
roads;
b. Vehicles maintained for use solely on or next
to premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not,
maintained primarily to provide mobility to
permanently mounted:
(1) Power cranes, shovels, loaders, diggers or
drills; or
(2) Road construction or resurfacing equipment
such as: graders, scrapers.or:rollers;
e. Vehicles not described in Paragraph a., b., c.
or d. above that are not self-propelled and are
maintained primarily to provide mobility to
permanently attached equipment of the
following types:
(1) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment; or
(2) Cherry pickers and similar devices used to
raise or lower workers;
f. Vehicles not described in Paragraph a., b., c.
or d. above maintained primarily for purposes
other than the transportation of persons or
cargo.
However, self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment" but will
be considered "autos":
(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not construction
or resurfacing; or
(c) Street cleaning;
(2) Cherry pickers and similar devices mounted
on automobile or truck chassis and used to
raise or lower workers; and
(3) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment.
However, "mobile equipment" does not include
any land vehicles that are subject to a compulsory
or financial responsibility law or other motor
vehicle insurance law where it is licensed or
principally garaged. Land vehicles subject to a
compulsory or financial responsibility law or other
motor vehicle insurance law are considered
"autos".
19. "Occurrence" means an accident, including
continuous or repeated exposure to substantially
the same general harmful conditions.
20. "Personal and advertising injury" means:
a. "Advertising injury"; or
b. Personal injury".
21. "Personal injury" means injury, other than "bodily
injury", "property damage" or "advertising injury",
caused by an offense of:
a. False arrest, false detention or other false
imprisonment;
b. Malicious prosecution;
c. Wrongful entry into, wrongful eviction of a
person from or other violation of a person's
right of private occupancy of a dwelling,
premises or room that such person occupies,
if committed by or on behalf of its landlord,
lessor or owner; or
d. Electronic, oral, written or other publication of
material that:
(1) Libels or slanders a person or
organization (which does not include
disparagement of goods, products,
property or services); or
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(2) Violates a person's right of privacy.
22. "Pollutants" mean any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
23. "Products -completed operations hazard":
a. Includes all "bodily injury" and "property
damage" occurring away from premises you
own or rent and arising out of "your product" or
"your work" except:
(1) Products that are still in your physical
possession; or
b. Loss of use of tangible property that is not
physically injured. All such loss of use shall be
deemed to occur at the time of the
"occurrence" that caused it.
For the purposes of this insurance, electronic data
is not tangible property.
As used in this definition, 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.
(2) Work that has not yet been completed or 25. "Silica" means silica in any form (including
abandoned. However, "your work" will be silicates or other similar silicon compounds),
deemed completed at the earliest of the including its presence or use in any alloy, by -
following times: product, compound or other material or waste.
(a) When all of the work called for in your Waste includes materials to be recycled,
contract has been completed. reconditioned or reclaimed.
(b) When all of the work to be done at the 26."Suit" means a civil proceeding in which damages
job site has been completed if your for "bodily injury", "property damage" or "personal
contract calls for work at more than one and advertising injury" to which this insurance
job site. applies are alleged. "Suit" includes:
(c) When that part of the work done at a job
site has been put to its intended use by
any person or organization other than
another contractor or subcontractor
working on the same project.
Work that may need service, maintenance,
correction, repair or replacement, but which
is otherwise complete, will be treated as
completed. 27
b. Does not include "bodily injury" or "property
damage" arising out of:
(1) The transportation of property, unless the
injury or damage arises out of a condition in
or on a vehicle not owned or operated by
you, and that condition was created by the
"loading or unloading" of that vehicle by any
insured;
(2) The existence of tools, uninstalled
equipment- or abandoned or- unused__
materials; or
(3) Products or operations for which the
classification, listed in the Declarations or in
a policy schedule, states that products -
completed operations are subject to the
General Aggregate Limit.
24. "Property damage" means:
a. An arbitration proceeding in which such
damages are claimed and to which the insured
must submit or does submit with our consent;
or
b. Any other alternative dispute resolution
proceeding in which such damages are
claimed and to which the insured submits with
our consent.
"Temporary worker" means a person who is
furnished to you to substitute for a permanent
"employee" on leave or to meet seasonal or short-
term workload conditions.
28. "Volunteer worker" means a person who is not
your "employee", and who donates his or her work
and acts at the direction of and within the scope of
duties determined by you, and is not paid a fee,
salary or other compensation by you or anyone
else for their work performed for you.
29, "Your product":
a. Means:
(1) Any goods or products, other than real
property, manufactured, sold, handled,
distributed or disposed of by:
(a) You;
(b) Others trading under your name; or
a. Physical injury to tangible property, including (c) A person or organization whose
all resulting loss of use of that property. All business or assets you have acquired;
such loss of use shall be deemed to occur at and
the time of the physical injury that caused it; or (2) Containers (other than vehicles), materials,
parts or equipment furnished in connection
with such goods or products.
Page 16 of 17 Includes copyrighted material of ISO Properties, Form 10-02-1800 (Rev. 09-17)
Inc., with its permission
b. Includes:
(1) Warranties or representations made at any
time with respect to the fitness, quality,
durability, performance or use of "your
product'; and
(2) The providing of or failure to provide
warnings or instructions.
c. Does not include vending machines or other
property rented to or located for the use of
others but not sold.
30. "Your work":
a. Means:
(1) Work or operations performed by you or on
your behalf; and
(2) Materials, parts or equipment furnished in
connection with such work or operations.
b. Includes:
(1) Warranties or representations made at any
time with respect to the fitness, quality,
durability, performance or use of "your
work", and
(2) The providing of or failure to provide
warnings or instructions.
Form 10-02-1800 (Rev. 09- Includes copyrighted material of ISO Properties, Inc., with Page 17 of 17
17) its permission