2021/08/01 Thinknetic Medical Corporation Keystone Industrial Medicine (5)Cfu CERTIFICATE OF LIABILITY INSURANCE 811At2021
THIS CERTIFICATE IS ISSUED AS A i'ATTER OF INFORTIIATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIR ATIVELY OR NEGATIVELY AIIIENO, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES
BELOW. THIS CERTIFICATE OF INSURANCE OOES NOY CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORTZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTAi{Ti lftho cortlflcato holdor ls an ADOITIONAL INSURED, ths pollcy(ies) must have ADOITIONAL INSURED provl3lons or be endorsod.lf SUBROGATION lS WAIVED, sublocl lo the l6rms and condlllona ot the pollcy, ce.taln pollcles may requho an ondo.aemont. A stalemenl on
thls csttlfcato doo3 not conf6r rlghts to the cortlflcato hold€r ln lleu of such endoBement(s).
PRoDUCER Patriot Risk & lnsurance Services
2415 Campus Drive, Suite #200
lrvine, CA 926'12
PHOI{E 486-7900!
INSU AFFORDIIIG COVERAGE
0K07568 Senlinel lnsurance Lrd 11
INSURED Ha ln of the i/idwesl 37478Thinknetic Medical CorDoration
Kevstone lndustrial MeAicine'1950 S. Sunwest Lane Ste 108
San Bernardino CA 92408
IXSURERC National Fire & [rarine 20079
IXSURERD
COVERAGES CERTIFICATE NUMBER:REVISION NUMBERi
CANCELLATION
O'1988-2015 ACORO CORPORATION. All rights roservod.
The ACORD nsmo and logo aro rogiEtored marks ot ACORD
Citv of Menifee
29644 Haun Road
Menifee CA 92586
SHOULD ANY OF THEABOVE DESCRIBED POLICIES BE CANCELLEO BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE OELryERED IN
ACCORDANCE wlTH THE FOLICY PROVISIOI{S.
AUTHORIZEO REPRESENTATIVE \-', h"^-Dave Jacobson
CERTIFICATE HOLDER
ACORD 25 (2016103)
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEO TO THE INSURED NAMEO ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR I\JIAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUAJECT TO ALL TI]E TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN I'AY HAVE BEEN REDUCED BY PAID CLAIMS-
INSRfTR SUBR
DAMAGE IO RENTEDPREMISES (tuoaumn@)s1,000,000
$ 1.000.
MED EXP (Anv on6 o6en)$ 10,000
PERSONAL A ADV INJURY 51,000,000
GEN ERAL AGGREGATE $2,000,000
PRODUCTS COMP/OP AGG r2,000,000
COMMERCIAL GENERAL LIABILITY 72 SBA 803214 81112021 4t12022
I
COMAINEOSINGLE LIMIT $ 1,ooo,ooo
sOolLY INJURY (P€rpels)$
BODILY INJURY (Per a@id6nt)$
$
AUIOIgOBILE f I,ABILITY 72 SBA 8D3214 at1t2021 a|112022
$
EACHOCCURRENCE $
EXCESS LIAB AGGREGATE 5
DED 5
STATUTE OTH-
E L EACI] ACCIDENT s 1,000,000
E,L DISEASE. EA EMPLOYEE $ 1 000 000
B WORKCRSCO PEllSAtlOr{
AND EMPLOYERS' LIABILI'Y
ANYPROPR ETOR/PARTNEF/EXECUT VE
OFFICER]N'EMBEREXCLUOED?
nascRlPr'oN oF oPFRAnoNs hL.B
T2WECAD52BC 8t1t2021 4t1t2022
E,L. OISE.ASE. POIICY LIMIT $ 1,000,000
C Professional Liability
(Claims Made)
HN044440 8t112021 8t112022 Per Event Limit: $'1,000,000
Aggregate Limit: $2,000,000
DESCRIPTION OF oPERATIoNS , LocATloNs / VEHICLES (ACORD i 01 , Addltlon.l R.m.rt. Sch.dul., h.y b. .tt ch.d ll mor. .p.c. l. ruqulEd)
City of Menifee, its officers, agenls and employees are namod as additional insured as lheir interest may appear por
endoEemenl atlached as required by writlon contract.
'30-day notice ofcancellation / 1o-days for non-payment of premium
63ro6sso I ,r,r, eL/ec/PL I Lrz tbatta 3/ts/2o2t 12,s2,4s PM (Pm) | Pase 1o! 26
GEN'L AGGREGATE LIMIT APPLIES PER:f "ou""f I!E& l l.oc
I
J eryruro I]o*".o I-l ScHEDULED 1AUTos oNLY I auros-J HnED [--:l NoN-owNEDy' AUTos oNLY y' I AUTos oNLYll
I
tl
,r*llol-,^l
72 SBA BD32l4
Thinknetic Medical CorDomtion
Kcyst,rnc Industrial Mcdicinc
QUICK REFERENCE
BUSINESS LIABILITY COVERAGE FORM
READ YOUR POLICY CAREFULLY
BUSINESS LIABILITY COVERAGE FORM
A. COVERAGES
Business Liability
Medical Expenses
Coverage Extension - Supplementary Payments
B. EXCLUSIONS
C. WHO IS AN INSURED
D. LIABILITY AND MEDICAL EXPENSES
LlMITS OF INSURANCE
E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS
1. Bankruptcy
2. Duties ln The Event Of Occurrence, Offense, Claim Or Suit
3. Financial Responsibility Laws
4. LegalAction Against Us
5. Separation Of lnsureds
6. Represenlations
7. Other lnsurance
8. Transfer Of Rights Of Recovery Against Others To Us
F. OPTIONAL ADDITIONAL INSURED COVERAGES
Additional lnsureds
G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS
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Form SS 00 08 04 05c!/!c/PL I Llz tbatra e/rB/2021 12's2'45 p {Pm) | psse 2 of :16
#
BUSINESS LIABILITY COVERAGE FORM
Various provisions in this policy restrict crverage. 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 lnsured shown in the Declarations. The words
"we", "us" and 'our" refer to the stock insurance company member of The Hartford providing this insurance.
The word'insured" means any person o. organization qualifying as such under Section C. - Who ls An lnsured.
Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And
Medical Expenses Oelinitions.
A. COVERAGES
1. BUSTNESS LtABtLtTY COVERAGE (BOD|LY
INJURY, PROPERTY DAMAGE, PERSONAL
AND ADVERTISING INJURY)
lnsuring Agreemenl
a. We will pay those sums that the insured
becomes legally obligated to pay as
damages because of "bodily injury",
'property damage" or "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 "bodily
injury", "property damage" or "personal and
advertising injury" to which this insurance
does not apply.
We may, at our discretion, investigate any
"occurrence" or offense and settle any claim
or "suit" that may result. But:
(1) The amount we will pay for damagss is
limited as desffibed in Section D. -
Liability And Medical Expenses Limits
Of lnsurance: and
(2) Our right and duty to defend ends when
we have used up the applicable limit of
insurance in the payment of .iudgments,
settlements or medical expenses to which
this insurance applies.
No other obligation or liability to pay sums or
perform acts or services is mvered unless
explicitly provided for under Coverage
Extension - Supplementary Payments.
b. This insurance applies:
(1) To 'bodily injury" and 'property
damage" only if:
Form SS 00 08 04 05
(a) The "bodily injury" or "property
damage" is caused by an
"occurrence" that trakes place in the
"coverage territory";
(b) The "bodily injury" or "proprty
damage" occurs during the policy
period; and
(c) Prior to the policy period, no insured
listed under Paragraph 1. of Section
C. - Who ls An lnsured and no
"smployee" authorized by you to give
or receive notice of an "occunence"
or claim, knew that the "bodily injury"
or "prop€rty damage" had occurred,
in whde or in part. lf such a listed
insured or authorized .employee"
knew, prior to the policy period, thatthe "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.
(2) 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.
c. "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
C. - Who ls An lnsured or any "employee"
authorized by you to give or receive notice
of an "occurrence" or claim:
(l) Reports all, or any part, of the "bodily
injury" or "property damage" to us or
any other insurer;
O 2005. The Hartford614o655a 2r.22 cL/rc/PL Liz tb"r,, a/ra/2o2r 12,s2,4s Pi (Pm) | p.q. r of !6
Pag6 1 ol 24
BUSINESS LIABILITY COVERAGE FORM
(2) Receives a written or verbal demand or
claim for damages because o, the 'bodily
injury" or "property damage'; or
(3) Becornes aware by any olher means that
"bodily injury" or "property damage" has
occuned or has begun to occur.
d. Damages because of "bodily injury" include
damages claimed by any person or
organization for care, loss of services or
de-th resu,ting at any time from the "bodily
injury".
e. lncidental Medical Malpractice
(1) "Bodily injury" arising out of the
rendering of or failure to render
professional health care services as a
physician, dentist, nurse, emergency
medical technician or paramedic shall
be deemed to be caused by an
"occunence", but only if:
(a) The physician, dentist, nurse,
emergency medical technician or
paramedic is employed by you to
provide such services: and
(b) You are not engaged in the
business or occupation of providing
such services.
(2) For the purpose of determining the
limits of insurance for incidental medical
malpractice, any act or omission
together with all related acts or
omissions in the furnishing of thsse
services lo any one person will be
considered one "occurrence".
2. MEDICAL EXPENSES
lnsuring Agreement
a. We will pay medical expenses as described
below for "bodily injury" caused by an
accident:
(1) On premises you own or renl;
(2) On ways next to premises you own or
renti or
(3) Because of your operations;
provided that:
(l) T e accident takes place in the
"coverage territory' and during the
policy period;
(2) The expenses are incurred and reported
to us within three years of the date of
the accident; and
(3) The injured person submits to
examination, at our expense, by
physicians of our choice as often as we
reasonably rsquire.
Pago 2 ot 24
b. We will make these payments regardless of
fault. These payments will not exceed the
applicable limit of insurance. We will pay
reasonable expenses for:
('l) 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 funeral
services.
3. COVERAGE EXTENSION -
SUPPLEMENTARY PAYMENTS
a. We will pay, with respect to any claim or
'suit" we investigate or settle, or any "suit"
aga nst an insured we defend:
(1) All sxpenses we incur.
(2) Up to $1,000 for the cost of bail bonds
required because of accidents or traffic
law violations arising out ot the use of
any vehicle to which Business Liability
Coverage for "bodily injury" applies. We
do not have to furnish these bonds.
(3) The cost of appeal bonds or bonds to
release attachments, but only for bond
amounts within the applicable limit of
insurance. We do not have to furnish
these bonds.
(.1) All reasonable expenses incurred by the
insured at our request to assist us in the
invgstigation or defense of the claim or
"suit", including actual loss of earnings
up to $500 a day because of time off
from work-
(5) All costs taxed against the insured in
the "suit".
(6) Prejudgment interest awarded against
the insured on that part of the judgment
we pay. lf we make an offer to pay the
applicable limit of insurance, we will not
pay any projudgment 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.
Any amounts paid under (1) through (7)
above will not reduce the limits of insurance.
5r..o65t0 I ,r-r, ot /cc/pL I Liz lba.r. 3/t3/2o2r 12's2'.5 px (Pm) L P.ge r or 26
Form SS 00 08 04 05
b. lf 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 are met:
(1) The "suit" against the indemnitee
seeks damages for which the insured
has assumed the liability of the
indemnitee in a mntract or agreement
that is an 'insured confact";
(2) This insuranca applies to such liability
assumed by the insured;
(3) The obligation to defend, or the cost of
the defense of, lhat indemnitee, has
also been assumed by the insured in
the same "insured contract";
(4 The allBgations 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 interest of the
indemnitee;
(5) 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
(6) The indemnitee:
(a) Agrees in writing to:
(i) Cooperate with us in the
investigation, settlement or
defense of the "suit';
(ii) lmmediately send us copies ofany demands, notices,
summonses or legal papers
received in connection with
the "suit":
(iii) Notify any other insurer whose
coverage is available to the
indemnitee; and
(iv) Coopsrate with us with
respect to coordinating other
applicable insurance available
to the indemnitee; and
(b) Provides us with written
authorization to:
(i) Obtain records and other
information related to the
'suit": and
(ii) Conduct and control the
defense of the indemnitee in
such "suit''.
BUSINESS LIABILITY COVERAGE FORM
So long as the above conditions are met,
attomeys' fe€s incuned by us in the
defense of that indemnitee, necessary
litigation expenses incuned by us and
necessary litigation expenses incuned
by the indemnitee at our request will be
paid as Supplementary Payments.
Notwithstanding the provisions of
Paragraph 1.b.(b) of Section B. -
Exclusions, such payments will not be
deemed to be damages for "bodily
injury' and "property damage" and will
not reduce the Limits of lnsurance.
Our obligation to defend an insured's
indemnitee and to pay for attorneys'fees
and necessary litigation expenses as
Supplementary Payments ends when:
(1) We have used up the applicable limitof insurance in the payment of
.iudgments or settlements, or
(2) The conditions set icrth above, or he
terms of the agreement described in
Paragraph (6) above, are no longer met
B. EXCLUSIONS
1. Applicable To Business Liability Coverage
This insurance does not apply to:
a. Expected Or lntended lniury
(1) "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; or
(2) "Personal and advertising injury" arising
out of an offense committed by, at the
direction of or with the consent or
acquiescence of the insured with the
expeclation of inflicting "peGonal and
advertising iniurY'.
b. ContractualLiability
( l ) 'Bodily injury" or 'property damage"; or
(2) "Personal and advertising injury"
for which the insured is obligated to pay
damages by reason of the assumption of
liability in a contracl or agreement.
This exclusion does not apply to liability
for damages because of:
(a) "Bodily injuq/, *property damage" or
"personal and advertising injury' that
the insured would have in the
absence of the contract or
agreement; or
Form SS 00 08 04 05
22 cL/qc/pL I Liz rb..ra 3/rs/2021 12i5?i45 rM (Pm)
Page 3 of 24
BUSINESS LIABILITY COVERAGE FORM
(b) "Bodily injury" or "prop€rty damage"
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
conEact or agreement. Solely for
the purpose of liability assumed in
an "insured contract', reasonable
attomeys' fees and necessary
litigation expensss incuned by or for
a party other than an insured are
deemed to be damages because of
"bodily injuqf or "proporty damage"
provided:
(i) Liability to such party for, or for
the cost ol that party's defense
has also been assmed in the
same "insured contract", and
(ii) Such attorneys' fees and
litigation expenses dre for
defense of that party against a
civil or alternative dispute
resolution proceeding in which
damages to which this
insurance applies are alleged.
c. Liquor Liability
"Bodily injury" or "property damage" for
which any insured may be held liable by
reason of:
('l) Causing or contributing to the
intoxication of any person;
(2) The furnishing of alcoholic beverages to
a person under the legal drinking age or
under the inffuence ofalcoholl or
(3) Any statute, ordinance or regulation
ralating to the sale, gift, distribution or
use of alcoholic beverages.
This exclusion applies only if you are in the
business of manufacturing, distibuting,
selling, serving or fumishing alcoholic
b€verages.
d. Workers' Compensation And Similar
Laws
Any obligation of the insured under a
workers' compensation, disability benefits
or unemployment compensation law or
any similar la\.,/.
e. Employsr'sLiability
"Bodily injury" to:
(1) An "employee" of the insured arising
out ol and in the course of:
(a) Employment by the insured; or
Page 4 ot 24
(b) Performing duties related to the
conduct ofthe insured's business, or
(2) The spouse, child, parent, brother or
sister of that "employee" as a
consequence of (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", "property damage" or
"personal and advertising injury"
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 apply to:
(i) 'Bodily injury'' if susbined withina building and caused by
smoke, fumes, vapor or s@t
produced by or originating from
equipment that is us6d to heat,
cool or dehumidiry the building,
or equipment that is used to
heat water for personal use, by
the building's occupants or their
guesB;
(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 prsmises, site or
location has been added to your
policy as an additional insured
with respecl 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
6r.o5s5o | ,1 ,, cLlrc/PL r,i2 rb.rrr I a/r3/2a2r 12'\2'4\ pt! (PDrr P.s. 5 of 26
Form SS 00 08 04 05
Form SS 00 08 04 05
(iii) "Bodily injury" or "property
damage' arising out of heat,
smoke or fumes from a
"hostile 1ire";
(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;
(d) At or from any premises, site or
location on which any insured or
any contractors or subcontractors
working directly or indirectly onany insured's behalf are
performing operations if the
"pollutants" ars 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
ne ded to perform the normal
electrical, hydraulic ormechanical functions
necessary for the operation of
"mobile 6quipment' 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
damag€" arises out of the
intentional discharge, dispersalor 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 withthe intent that thay be
discharged, dispersed or
BUSINESS LIABILITY COVERAGE FORM
released as part of the
operatons being performed
by such insured, contraclor or
subcontractor;
(ii) "Bodily injury" or "property
damage" sustained within a
building and c€used 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
contraclor or subcontractor; or
(iii) "Bodily injury" or "property
damage" arising out of heat,
smoke or fumes from a
''hostile ,ire"; or
(a) At or from any premises, site or
location on which any insured or any
cont actors or subcontracbrs
working directly or indirectly on any
insured's behalf are performing
operations if the operations are to
test for, monitor, clean up, remove,
contain, traat, detoxiry or neutralize,
or in any way respond to, or assess
the effecG 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, contrain, treat,
detoxity or neutralize, or in any way
respond to, or assess the effects of,
"pollubnts"; or
(b) Claim or suit by or on behalf of a
governmental authority for
damages because of testing for,
monitoring, claaning 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 claimor "suit' by or on behalf of a
governmental authority.
6r.065s0 I ,r-r, ot/tac/Pt I tlz !b.rr. 3/1sl202r 12'52'45 Pf, (PE) I Plg.7 or ,5
Page 5 of 24
BUSINESS LIABILITY COVERAGE FORM
g. Aircraft, Auto Or Watarcraft
"Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or
entrustrnent to others of any aircrat, "auto"
or watercrat 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 wongdoing in the supervisbn, hiring,
employment, Faining or monitoring of others
by that insured, if the "ocorfience" which
caused the 'bodily injury" or "prcperty
damage" involved the ownership,
maintenance, use or entrustnent to olhers of
any aircrafi, "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 51 feet long; and
(b) Not being used to carry persons
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;
(4) Liability assumed under any "insured
contracl" for the ownership,
maintenance or use of aircraft or
watercraft;
(5) "Bodily injury" or "property damage"
arising out of the operation of any of
the equipment listed in Paragraph f.(2)
or f.(3) of the definition of "mobile
equipment"; or
(6) An aircraft that is not owned by any
insured and is hired, chartered or loaned
with a paid crew. However, this
exception doss not apply if the insured
has any other insurance for such "bodily
injury'' or "property damage", whether
the olher insurance is primary, excess,
contingent or on any other basis.
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
Page 6 of 24
(2) The use of "mobile equipment" in, or
while in practice or preparation for, a
prearranged racing, speed or
demolition contest or in any stunting
activity.
i. War
"Bodily injury", "property damage" or
"perconal and advedising injury", 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
expectod attack, by any government,
sovereign or other authority using
military personnel or olher agents; or
(3) lnsu rection, rebellion, revolution,
usurped power, or action taken by
governmental authority in hindering or
defending against any of these.
i. ProfussionalSorvices
"Bodily injury", "property damage" or
"personal and advertising injury" arising
out of the rendering of or failure to render
any professionar service. This includes
but is not limited to:
(1) Legal, accounting or advertising
services;
(2) Preparing, approving, or failing to
prepare or approve maps, shop
drawings, opinions, reporb, surveys,
field orders, change orders, designs or
drawings and specifi c€tions:
(3) Supervisory, inspection, architectural
or engineering activities;
(4) Medical, surgical, dental, x-ray or
nursing services treatment, advice or
instruction;
(5) Any health or thsrapeutic service
trealmenl, advice or instructioni
(6) Any service, treatment, advice or
instruction for the purpose of
appearance or skin enhancement, hair
removal or replacement or personal
grooming;
(7) Optical or hearing aid services
including the prescribing, preparation,
fitting, demonstration or distribution of
ophthalmic lenses and similar
products or hearing aid devices;
5r.o6sso | ,r-r, aL/icleL I Ltz Ibar. 3/1s/202r r2:s2:.s !x (Pm, | !.e. B of ,5
Form SS 00 08 04 05
(8) Optornetry or optometric services
including but not limited to examinationof the eyes and the prescribing,
preparation, fitting,demonstration or
distribution of ophthalmic lenses and
similar products;
(9) Any:
(a) Body piercing (not including ear
piercing);
(b) Tattooing, including but not limited
to the insertion of pigments into or
under the skin; and
(c) Similar services;
(10) Services in the practice of pharmacy;
and
(11) Computer consulting, design or
programming services, including web
site design.
Paragraphs (4) and (5) of this exclusion do
not apply to the lncidental Medical
l\ralpractice coverage afforded under
Paragraph l.e. in Section A. - Coverages.
k. Damage To Property
.Property damage. to;
(1) Property you own, rent or occupy,
including any costs or axpenses
incurred by you, or any other person,
organization or entity, for repair,replacement, enhancement,
restoration or maintenancs of such
property for any reason, including
prevsntion of iniury to a person or
damage to another's property;
(2) Premises you sell, give away or
abandon, if the "property damage'arises
out of any part oI 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
subcontraclors working directy or
indirecdy on your behalf are performing
operations, if the "property damaga"
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.
BUSINESS LIABILITY COVERAGE FORM
Paragraphs (1), (3) and (4) of this
exclusion do not apply to "property
damage" (other t an damage by fire) to
premises, including the contents of such
premises, rented to you for a period of 7 or
fewer consecutive days. A separate Limitof lnsurance applies to Damage To
Premises Rented To You as described in
Section D. - Limits Of lnsurance.
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) and (4) of this exclusion do
not apply to the use of elevators.
Paragraphs (3), (4), (5) and (6) of this
exclusion do not apply to liability assumed
under a sidetrack agreement.
Paragraphs (3) and (4) of this exclusion donot apply to "property damage" to
borrowed equipment while not being used
to perform operations at a job site.
Paragraph (6) of this exclusion does not
apply to "property damage'' included in the
"products-completed operations hazard'.
l. Damage To Your Product
.Property damage" to "your product'
arising out of it or any parl of it.
m. 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 arises was performed on your
behalf by a subcontractor.
n. Damage To lmpairGd Property Or
Property Not Physically lnlured
"Properly damage" to "impaired property"
or property that has not been physically
injured, arising out of:
(1) A defect, deficiency, inadequacy or
dangerous condilion 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 i s 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.
Form SS 00 08 04 05
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Page 7 ol 24
o. Recall Of Products, Work Or lmpaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for the
loss of use, withdrawal, recall, inspection,
repair, replacsment, ad.iustment, removal
or disposal of:
(1) "Your product",
(2) "Your work"; or
(3) "lmpairedproperty';
if such product, work or property is
\ ithdrawn or recalled from the market or
from use by any person or organization
because of a known or suspacted defect,
deficiency, inadequacy or dangerous
condition in it.
p. Peraonal And Advertising lniury
"Personal and advertising injury":
(1) Arising out of oral, written or electronic
publication of material, if done by or at
the direction of the insured with
knowledge of its falsity;
(2) Arising out of oral, written or eleclronic
publication of material whose first
publication took place before the
beginning of the policy period;
(3) Arising out of a criminal act commifted
by or at the direction of the insured;
(4) Arising out of any breach of contract,
except an implied contract to use
another's "advertising idea" in your
"advertisement":
(5) Arising out of the failure of goods,
products or services to conform withany stalement of quality or
performance made in your
"advertisem6nt";
(6) Arising out of the \ryrong description of
the price of goods. prcducls or services;
(7) Arising out of any violation of any
intellectual property rights such as
copyright, patent, trademark, trade
name, trade secret, service mark or
other designation of origin or
authenticity.
However, this exclusion does not
apply to infringement. in your
"advertisament", of
(a) Copyright;
(b) Slogan, unlass the slogan is also
a tradsmark, trade name, service
mark or other designation of origin
or authenticity; or
(8)
(e)
(c) Title of any literary or artistic work;
Arising out of an offense committed by
an insured whose business is:
(a) Advertising, broadcasting,
publishing or telecasting;
(b) Designing or determining content
of web sites for others; or
(c) An lnternet search, access,
content or service provider.
However, this exclusion does not
apply to Paragraphs a., b. and c.
under the derinition of "personal and
advertising injury" in Section G. -Liability And Medical Expenses
Definitions.
For the purposes of this exclusion,
placing an 'adverlisement" for or
linking to others on your web site, by
itself, is not considered the businessof advertising, broadcasting,
publishing or telecasting;
Arising out of an electronic chat room
or bulletin board the insured hosts,
owns, or over which the insured
exercises control;
Arising out of the unauthorized use of
anothe/s name or product in your s.mail
address, domain name or metatags, or
any other similar taclics to mislead
anothe/s potential customers;
Arising out of the violation of a
person's right of privacy created by
any state or federal act.
However, this exclusion does not
apply to liability for damages that the
insured would have in the absence of
such state or federal act;
Arising out of:
(a) An 'advertisement" for others on
your web site;
(b) Placing a link to a web site of
others on your web site;
(c) Content from a web site of others
disdayed within a frame or border
on your web site. Content includes
information, code, sounds, text,
graphics or images; or
(d) Computer code, software or
programming used to enable:
(i) Your web site; or
(ii) The presentation or funclionality
of an "advertisemenf' or other
content on your web site;
(10)
(11)
l't2l
Page 8 of 24
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Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
('13) Arising out of a violation of any anti-
trust law;
(1/t) Arising out of the fluctuation in price or
value of any stocks, bonds or other
securities; or
(15) Arising out of discrimination or
humiliation committed by or at the
direction of any 'executive officer",
direclor, stockholder, partner or
member of the insured.
q. Electronic Data
Damages arising out of the loss of, loss of
use of, damage to, corruption of, inabilityto access, or inability to manipulate
"electronic data".
r. Employment-RelabdPractices
'Bodily injury" or'personal and advertising
injury" to:
(1) A person arising out of any;
(a) Refusal to smploy that person;
(b) Termination of that person's
employment; or
(c) Employment-rslated practices,
policies, acls or omissions, such as
coercion, demotion, evaluation,reassignmenl, discipline,
defamation, harassrEnt, humiliation
or discrimination directed at that
person; or
(2) The spouse, child, parent, brother or
sister of that person as a
consequence of "bodily injury" or
"personal and advertising injury'to the
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 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 vvho must
pay damages because of the injury.
s. Asb€stos
(1) "Bodily iniury", "property amage" or
"personal and advertising injury"
arising out of the "asbestos hazard".
(2) Any damages, judgments, setuemsnls,
loss, costs or expenses that:
BUSINESS LIABILITY COVERAGE FORM
(a) May be awarded or incurred by
reason of any claim or suit
alleging actual or threatened injury
or damage of any nature or kind to
persons or property which would
not have occurred in whole or in
part but for the "asbestos hazard";
(b) Arise out of any request, demand,
order or statutory or regulatory
requirement that any insured or
others test for, monitor, clean up,
remove, encapsulate, contain,
treat, detoxify or neulralize or in
any way respond to or assess the
efiects of an ''asbestos hazard''; or
(c) Arise out of any claim or suit for
damages because of testing for,
monitoring. cleaning up, removing,
encapsulatjng, containing, treating,
detoxirying or neutralizing or in any
way responding to or assessing the
effec1s of an "asbesbs hazard".
t. Violation Of Statutes That Goyern E-
Mails, Fax, Phone Calls Or Other
Methods Of Sending Material Or
lnformation
"Bodily injury", "property damage", or
"personal and advertising iniury" arising
directly or indirgctly out of any action or
omission that violales 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; or
(3) Any sEtute, ordinance or regulation,
other than the TCPA or CAN-SPAM Act
of 2003, that prohibits or limits the
sending, transmitting, communicating or
distribution of material or information.
Damage To Premisss Rented To You -
Exception For Damage By Fire, Lightning
or Explosion
Exclusions c. through h. and k. through o. do
not apply to damage by fire, lightning or
explosion to premises rented to you or
temporarily occupied by you with permission of
the owner. A separate Limit ol lnsurance
applies to this coverage as described in
Section D. - Liability And Medical Expenses
Limits Of Insurance.
Form SS 00 08 (N 05
6r4o65so 2r 22 c!/*c/pL Li: rbarra 3/13/2021 r::52'{5 pi rpDt)
Page I of 24
BUSINESS LIABILITY COVERAGE FORM
2. Applicable To Medical Expenses Coverage
We will not pay expenses for 'bodily injury":
a. Any lnsurad
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. lnjury On Normally Occupied Premises
To a person injured on that part of
premises you own or rent that the person
normally occupies.
d. Workers' Compansation And Similar
Laws
To a person, whether or not an
"employee' of any insured, if benefits for
the "bodily iniury'are payable or must be
provided under a workers' compensation
or disability benefits law or a similar law.
e. AthleticsActivities
To a person injured while practicing,
instructing or participating in any physical
exercises or games, sports or athletic
contests.
f. Produc,ts4ompleted Operations Hazard
lncluded with the "products-completed
operations hazard".
g. Business Liability Exclusions
Excluded under Business Liability Coverage.
C. WHO IS AN INSURED
1. lf 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 o'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 respecl to the conduct of your
business. Your managers are insureds, but
only with respect b 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 respecl
to their duties as your officers or directors.
Your stcckholders are also insureds, but only
with resp€cl 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. Employees And Voluntear Workers
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
partnsrship, 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
"volunleer workers" are insureds for:
(1) "Bodily injury" or "personal and
advertising injury":
(a) To you, to your partners or
members (if you are a partnership
or joint Yenture), 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 lo your other
"volunteer workers" while
performing duties related to the
conduct of your business;
(b) To the spouse, child, parent,
brother or sis er of that co-
"employee" or that "volunteer
worker" as a consequence of
Paragraph (1Xa) above;
(c) For which there is any obligation
to share damages vvith or repay
someone else who must pay
damages because of the injury
described in Paragraphs (lXa) or
(b) above; or
(d) Arising out of his or her providing
or failing to provide professional
health care services.
lf you are not in the business of
providing professbnal health care
services, Paragraph (d) does not applyto any nurse, emsrgency medical
technician or paramedic employed by
you to provide such sewices.
(2) 'Property damage" to property:
(a) Owned, occupied or used by,
Page l0 of 24
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Form SS 00 08 04 05
(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 ioint venture), or
any member (if you are a limited
liability company).
b. Real Estato Manager
Any person (other than your "employee" or
"volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
(1) Witr respecl to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representiative has
boen appointed.
d. Logal ReprEsentalive lf You Die
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 insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thareof, of
yours which is a legally incorporated entity
of which you own a financial intarest of
more than 50% of the voting stock on the
effective date of this Covsrage Part.
The insurance afiorded herein for any
subsidi ry not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.
3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain linancial interest of more than 50% of
the voting stock, will qualify as a Named
lnsured iI there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is a forded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and
b. Coverage under this provision does not
apply to:
(1) "Bodily injury" or "property damage"
that occurred; or
(2) "Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.
4. Operator Of Mobile Equipment
With respect to "mobile equipment' registered in
your name under any motor vehicle registation
law, any person is an insured while driving such
equipment along a public highway with your
permissbn. Any other peGon or organizatjon
responsible for the conducl of such person is
also an insured, but only wilh respct tc liability
arising out of the opration of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.
However, no person or organization is an insured
with respect to:
a. ''Bodily injury" to a @r'employee" of the
person driving the equipment; or
b. "Property damage'' to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
5. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 5'1 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operationof the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.
However, no person or organization is an
insured with respect to:
a. "Bodily injury" to a cojemployee" of the
person operating the watercraft; or
b. ''Property damage'to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
6. Additional lnsureds When Roquired By
Written Contract, Wrltten Agreement Or
Permit
Tha person(s) or organization(s) identified in
Paragraphs a. through f. below are additional
insureds when you have agreed, in a written
Form SS 00 08 04 05
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Page '11 of 24
BUSINESS LIABILITY COVERAGE FORM
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.
A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.
However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F. - Optional Additional lnsured Coverages.
a. Vendors
Any persm(s) or organization(s) (referred to
below as vendor), but only wilh respecl to
"bodily injury" or "property damage" arising
out of "your products" which are distibuted
or sold in he regular course of the vendo/s
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within he
'products-completed operations hazard".
('l) The insurance afforded to the vendor
is subject to the followino additional
exclusions:
This insurance does not apply to:
(a) "Bodily injury'' or "propsrty
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, demonsfation, testing,
or the substitution of parts under
instruclions from the manubclurer,
and then repackaged in the
original container;
Page 12 ol24
63i06sso | ,1 ,2 cr,/{c/p! Liz rbrr!. I s/ts/2a1t t2.12t4\
Form SS 00 08 04 05
(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;(0 Dsmonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's prsmises in
connection with the sale of the
product;
(g) Products which, after distribution
or sale by you, have been labeledor 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 omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i) The exceptions contained in
Subparagraphs (d) or (0; or
(ii) Such inspctions, adjustrnents,
tests or servicing as the vendor
has agreed to make or normally
ndertakes to make in the usual
murce of business, in
conneclion witr the distribution
or sale of the prcducts.
(2) This insurance do€s not apply to any
insured person or organization from
whom you have acquircd such products,
or any ingredient, part or container,
entering into, accompanying or
containing such products.
b. Lessors Of Equipment
(l) Any person or organization from
whom you lease equipment; but only
with respect to their liability for'bodily
injury", "property damage" or
"psrsonal and advertising injury"
caused, in whole or in part, by your
maintenance op ration or use of
equipment leased to you by such
person or organization.
(2) With respect to the insurance affordedto these additional insureds. this
insuranca does not apply to any
"occurrance'' which takes place after
you cease to lease that equipment.
c. Lessors Of Land Or Premises
(1) Any person or organization from
whom you lease land or premises, but
only with respect to liability arising out
of the ownership, maintenance or use
of that part of the land or premises
leased to you.
(2) With respect to the insurance affordedto these additional insureds, this
insurance does not apply to:
(a) Any "occurrence" which takes
place afrer you cease to lease that
land or be a tenant in that
premises; or
(b) Structural alterations, new
construction or demolition
operations performed by or on
behalf of such person or
organization.
d. Architects, Enginesrs Or Surveyors
(1) Any architect, engineer, or surveyor, but
only with resp€ct to liability br "bodily
injury", "prop€rty damage" or 'personal
and advertising injury" caused, in whole
or in part, by your acis or omissbns or
the acts or omissbns of those acting on
your behalf:
(a) ln connection with your premisesi
or
(b) ln the performance of your
ongoing operations performed by
you or on your behalf.
(2) With respect to the insurance affordedto these additional insureds, the
following additional exclusion applies:
This insurance does not apply to
"bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of or the
failure to render any profassional
services by or for you, inclu n :
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, oPinions,
reports, surveys, field orders,
change orders, designs or
drawings and specilications; or
(b) Supervisory, inspection,
architectural or engineering
activities.
BUSINESS LIABILITY COVERAGE FORM
e. Permits lssued By State Or Political
Subdivisions
(1) Any state or political subdivision, but
only with respect to operatjons
performed by you or on your behatf for
which the state or political subdivision
has issued a permit.
(2) With respect to the insurance affordedto these additional insureds, this
insurance does not apply to:
(a) "Bodily injury", "property damage''or "personal and advertising
injury" arising out of operations
performed for the slate or
municipality; or
(b) 'Bodily injury'or "property damage"
included within the "producls-
completed operations hazard".
f. Any Other Party
(1) Any other person or organization who
is not an insured under Paragraphs a.
through e. above, but only with
respect to liability for "bodily injury",
"property damage' or 'personal and
advertising injury'caused, in whole or
in part, by your act or omissions or
the acts or omissions of those acting
on your behalf:
(a) ln the performance of your
ongoing operations;
(b) ln connection with your premises
owned by or rented to you; or
(c) ln connection with "your work'and
included within the "products-
completed operations hazard", but
only if
(i) The written contract or wriften
agreement requires you to
provide such coverage to
such additional insured: and
(ii) This Coverage Part provides
coverage for "bodily injury" or
"property damage" includedwithin the "products-
completed operations hazard".
(2) With respect to the insurance affordedto these additional insureds, this
insurance does not apply to:
"Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of, or the
failure to render, any professional
architectural, engineering or surveying
services, including:
Form SS 00 08 04 05
61105550 2r-22 GL/l{c/PL Liz Ibarr, I e/t3/2a21 t2:.211' P IPDf) Pase rs or 26
Page 13 of 24
BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, dBsigns or
drawings and specifications; or
(b) Supervisory, inspection,
architectural or ongineering
activities.
The limits of insurance that apply to additional
insureds are described in Section D. - Limits
Of lnsurance.
How this insurance applies when other
insurance is available to an additional insured
is described in the Other lnsurance Condilion
in Section E. - Liability And Medical Expenses
General Conditions.
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 lnsured in
the Declarations.
D. LIABILITY AND MEOICAL EXPENSES
LIMITS OF INSURANCE
1. The Most We Will Pay
The Limits of lnsurance shown in the
Declarations and the rules below fix the most
we will pay regardless of the number of:
a. lnsureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
2. Aggr€gate Limits
The most we will pay for:
a. Damages because of "bodily injury" and
"property damage" included in the
"products-completed operations hazard" isthe Products-Completed Operations
Aggregate Limit shown in the
Declarations.
b. Damages because of all other 'bodily
injury", "property damage' or "personal
and advertising injury", including medical
exponses, is the General Aggregate Limit
shown in the Declarations.
This General Aggregate Limit applies
separately to each of your "locations"
owned by or rented to you.
"Location" means premises involving the
same or connecting lots, or premises
whose connection is interrupted only by a
street, roadway or right-of-way of a
railroad.
This General Aggregate limit does not
apply to "property damage" to premises
while rented to you or temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
explosion-
3. Each Occurrence Limit
Subject to 2.a. ot 2,b above, whichever
applies, the most we will pay for the sum of all
damages because of all "bodily injury",
"property damage" and medical expenses
arising out of any one "occurrence" is the
Liability and i/edical Expenses Limit shown in
the Oeclarations.
The most we will pay for all medical expenses
because of "bodily injury" sustained by any
one person is the Medical Expenses Limit
shown in the Oeclarations.
4. Personal And Advertising lnlury Limit
Subject to 2.b. above, the most we will pay for
the sum of all damages because of all
"personal and advertising injury" sustained by
any one person or organization is the Personal
and Advertising lnjury Limit shown in the
Declarations.
5. Damage To Premises Rent3d To You Limit
The Damage To Premises Rented To You
Limit is he most we will pay under Business
Liability Coverage for damages because of
"property damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.
ln the case of damage by lire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.
6. How Limits Apply To Additional lnsureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of:
a. The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or political
subdivision; or
b. The Limits of lnsurance shown in the
Declarations.
Such mount hall be a part of and not in
addition to the Limits of lnsurance shown in
the Oeclarations and described in this Section.
Page '14 ol24
5)4o61sa 2r-22 aL/rc/PL Liz Ibrrr. I a/t3/2a2t t2:121r, Px (PDrr P,qe 15 .f 25
Form SS 00 08 04 05
lf more than one limit of insurance under this
policy and any endorsements attached thereto
applies to any claim or'suit", the most we will pay
under this policy and the endorsements is the
single highest limit of liability of all coverages
applicable to such claim or "suit". However, this
paragraph does not apply to the Medical Expenses
limit s6t forth in Paragraph 3. above.
The Limits of lnsurance 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 ot the policy period shown in the
Declarations, unless the policy period is extended
afler issuance for an additional period of less than 12
months. ln that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of lnsurance.
E. LIABILITY AND MEDICAL EXPENSES
GENERAL 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. Dutios ln The Event Of Occurrence,
Offonse, Claim Or Suit
a. Notico Of Occurronce Or Offenae
You or any additional insured must see toit that we are notified as soon as
practicable of an "occunence" or an
ofiense which may result in a claim. To
the extent possible, notice should include:
(1) How, wlEn and where the "occunence"
or offense took place;
(2) The names and addresses of any
injured persons and witnesses; and
(3) The nature and location of any injuryor damage arising out of the
"occurrence or offense.
b. Notice Of Claim
lf a claim is made or "suit" is brought
against any insured, you or any additional
insured must:
(1) lmmediately record the specifics of the
claim or "suit" and the date recoived;
and
(2) Notify us as soon as practicable.
You or any additional insured must see to
it that we receive a written notice of the
claim or "suit" as soon as practicable.
c. Assislance And Cooperation Of The
lnsured
You and any other involved insured must:
BUSINESS LIABILITY COVERAGE FORM
(l) lmmediately 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,
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 that may be
liable to the insured because of injury
or damage to which this insurance
may also apply.
d. Obligations At The lnsurod's Own Cost
No insured will, except at that insured's own
mst, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
e. Additional lnsured's Other lnaurance
lf we cover a claim or "suit" under this
Coverage Part that may also be coveredby other insurance available to an
additional insured, such additional insured
must submit such claim or "suit" to the
other insurer for defense and indemnity.
However, this provision does not apply to
the extent that you have agreed in a
written contract, written agreement or
permit that this insurance is primary and
non-contributory with the additional
insured's own insurance-
f. Knowledge Of An Occurrenco, Offense,
Claim Or Suit
Paragraphs a. and b. apply to you or to
any additional insured only when such
"occurrence", offense, claim or "suit" is
known to:
(1) You or any additional insured that is
an individual;
(2) Any partner, if you or an additional
insured is a partnership;
(3) Any manager, if you or an additional
insured is a limited liability company;
(4) Any "executive officer" or insurance
manager, if you or an additional
insured is a corporation;
(5) Any trustee, if you or an additional
insured is a trust; or
(6) Any elected or appointed offcial, if you
or an additional insured is a political
subdivision or public entity.
Form SS 00 08 04 05
6r{06r5o 2r-22 6L/H./!L LiL tba,ra 3/13/2a21 12,52,45 Pa (PDrl
Page '15 of 24
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to
you and any additional insured.
3. Financial Responsibility Laws
a. When this policy is certiried as proof of
financial responsibility for the future under
the provisions oI any motor vehicle
financial responsibility law, the insurance
provided by the policy for "bodily injury"
liability and "property damage" liability will
comply with the provisions of the law to
the extent of lhe coverage and limits of
insuranca required by that law.
b. With respect lo "mobile equipmenf to
which this insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorisls, no-fault or other
coverage required by any motor vehicle
law. We will provide the required limits for
those coverages.
4. Logal Action Against Us
No person or organization has a right under
this Coverage Form:
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 Form unless
all of its terms have been fully complied
with.
A p€rsm or organization may sue us lo 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 insurance or that are in excess of the
applicable limit of insurance. An agreed
settlement means a sduement and release of
liability srgned by us, the insured and he
claimant or the claimant's legal representiativa.
5. Separation Of lnsureds
Except with respect to the Limits of lnsurance,
and any rights or duties specifically assigned
in this policy to the first Named lnsured, this
insurance applies:
a. As if each Named lnsured were the only
Namad lnsured; and
b. Separately to each insured against whom
a claim is made or "suit" is brought.
6. Ropresontations
a. When You Accept This Policy
By accepting this policy, you agree:
('l) The statements in the Declarations
are accurate and complete;
(2) Those statements are based upon
representations you made to us; and
(3) We have issued this policy in reliance
upon your representations.
b. Unintantional Failure To Disclose
Hazards
lf unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.
7. Other lnsu.ance
lf other valid and collectible insurance is
available for a loss we cover u der this
Coverage Part, our obligations are limited as
follows:
a. Primary lnsurance
This insurance is primary except when b.
below applies. lf other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Exce3s lnsurance
This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
(1) Your Work
That is Fire, Extended Coverage,
Builde/s Risk, Installation Risk or
similar coverage for "your work";
(2) Prcmises Rentad To You
That is fire, lightning or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission of the owner;
(3) Tenant Liability
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;
(4) Aircraft, Auto Or Watercraft
l, the loss arises out of the maintenance
or use of aircraft, ''autos" or watercraft to
the extent not subject to Exclusion g. of
Section A. - Coverages.
(5) Property Damage To Borowed
Equipment Or Use Of Elevators
lf the loss arises out of "property
damage" to borrowed equipment or
tho use of elevators to the extent not
subject to Exclusion k. of Section A. -
Coverages.
Page 16 of 246r{o55eo 2r-r, 6Llnc/PL Ltz.b.'ra 3/ra/2o2r 12:s2:,rs Px (Pm) I Prq. La or ,6
Form SS 00 08 04 05
(6) When You Are Added As An
Additional lnsured T Othet
lnsurance
That is other insurance available to
you covering liability for damages
arising out oI the premises or
operalions, or products and completed
operations, for which you have been
added as an additional insured by that
insurance, or
(7) Whsn You Add Othe.s As An
Additional lnsured To This
lnsuranca
That is other insurance available to an
additional insured.
Ho ever, the Iollowing provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
(a) Primary lnsurance Whan
Requirod By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. I other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
(b) Primary And Non-ContributoryTo Olher lnsurance Whon
Required By Contract
lf you have agreed in a written
conlract, written agreement or
permit that this insurance is
primary and non-contributory withthe additional insured's own
insurance, this insurance is
primary and we will not seek
contribution ftom that other
insurance.
Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured.
When this insurance is excess. we will
have no duty under this Coverage Part to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that "suit". lf 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.
BUSINESS LIABILITY COVERAGE FORM
When this insurance is excess over other
insurance, we will pay only our share oI
the amounl of the loss, if any, that
exceeds the sum of:
(l) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self-
insured amounts under all that other
insurance.
We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess lnsurance provision and was not
bought specmcally tc apply in excess of the
Limits of lnsurance shown in the
Declarations of this Coverage Par .
c. Method Of Sharing
lf all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insursr conlributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes flrst.
lf any of the other insurance does not permit
c ntribution by equal shares, we will
contribute by limits. Under this method, each
insure/s share is based on the ratio of its
applicable limit of insurance b the total
applicable limib of insurance of all insurers.
8. Transfer O,f Rights Of Recovery Against
Others To Us
a. Transfsr Of Rights Of Recovery
lf the insured has rights to recover all orpart of any payment, including
Supplsmentary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing aftar loss to impair them. At our
request, the insured will bring "suit" or
transfer those rights to us and help us
enforce th^m. This condition ioes not
apply to Medical Expenses Coverage.
b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
lf the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplemenlary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.
Form SS 00 08 04 05
6r4o6e50 21 2ri cr,/{c/p! Liz rbarra | 0/13/202r 12,52:{5 Pr,r (PDr) Page le ot 25
Page '17 ol 24
F. OPTIONAL ADDITIONAL INSURED
COVERAGES
lf listed or shown as applicable in the Declarations,
one or more of the following Optional Additional
lnsured Coverages also apply. When any of these
Optional Additional lnsured Coverages apply,
Paragraph 6. (Additional lnsureds When Requiredb Written Contract, Writtsn Agreement or Permit)
of Section C., Who ls An lnsured, does not applyto the person or organization shown in the
Declarations. These coverages are subiect to the
terms and conditions applicable to Business
Liability Coverage in this policy, except as
provided below:
'1. Additional lnsured - Designated Person Or
Organization
WHO lS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations, but only with respect to liability
for "bodily injury", "property damage" or
"personal and advertising injury" caused, in
whole or in part, by your acts or omissions or
the acts or omissions of those acting on your
behatf:
a. ln the performance of your ongoing
operations; or
b. ln connection with your premises owned
by or rented to you.
2. Additional lnsured . Managers Or Lessors
Of Premises
a. WHO lS AN INSURED under Seclion C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Oeclarations as an Additional lnsured -
Designated Person O Organization; but only
with respect to liabilrty arising out of the
ownership, maintenance or use oI that part of
the premises leasod to you and shown in the
Declarations.
b. With respect to the insurance afforded to
these additional insureds, the following
additional exciusions apply:
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
construclion or demolition operations
performed by or on behalf of such
person or organization.
Page '18 of 24
3. Additional lnsurod . Grantor Of Franchise
WHO lS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional lnsured -
Grantor Of Franchise, but only with respect to
their liability as grantor of franchise to you.
4. Additional ln3ured - Lessor Of Leased
Equipment
a. WHO lS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
lnsured - Lessor of Leased Equipment,
but only with respect to liability for "bodily
injury'', "property damage" or "personal
and advertising injury" caused, in whole or
in part, by your maintenance, operation or
use of equipment leased to you by such
person(s) or or anization(s).
b. With respect to the insurance afforded to
these additional insureds, this insurance
does not apply lo any "occurrence" which
takes place after you cease to lease that
equipment.
5. Additional lnsurod - Owners Or Other
lnterests From Whom Land Has Been
Leased
a. WHO lS AN INSURED unde Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
lnsured - Owners Or Other lnterests From
Whom Land Has Been Leased, but only
with respect to liability arising out of the
ownership, maintenance or use of that part
of the land leased lo you and shown in the
Declarations.
b. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:
This insurance does not apply to:
(l) Any ''occurrence" that takes place
afrer you cease to lease that land; or
(2) Structural alterations, new
construction or demolition operations
performed by or on behalf of such
person or organization-
6. Additional lnsured - State Or Political
Subdivision - Permits
a. WHO lS AN INSURED under Section C. is
amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
6r.06es0 | 2r-22 orlrc/Pl, LL rbafi. I a/ta/2a2t L2:.2ta5 Px lPm) Plge 20 o! 25
Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
lnsured - State Or Political Subdivision -
Permits, but only with respect to
operations performed by you or on your
behalf for which the state or political
subdivision has issued a permit.
b. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:
This insurance does not apply to:
(1) "Bodily injury", "property damage" or
'personal and advertising injury"
arising out of operations performed for
the state or municipali y; or
(2) "Bodily injury" or "property damage"
included in the "product-completed
operations" hazard.
7. Additional lnsurgd - Vandors
a. WHO lS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
(referred to below as vendor) shown in the
Declarations as an Additional lnsured -
Vendor, but only with respect to "bodily
injury" or "property damage" arising out of
"your products" which are distributed or
sold in the rsgular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
'products-completed operations hazard".
b. The insurance afiorded to the vendor is
subject to the following additional exclusions:
(1) This insurance 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, unless unpacked
solely for the purpose of inspection,
dernonslration, tesling, or the
subslitution of parts under
instruc{ions ftom the manufaclurer,
and then repackaged in the original
container,
Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(s) Any failure to make such
inspections, adjustnenb, tesb or
servicing as the vendor has agreed
to make or normally undertakes to
make in the usual @urse of
business, in connection with the
distribution or sale ofthe products;
(0 Demonstration, installation,
servicing or repair operations,
except such operations performedat the vendo/s premises in
connection with the sale of the
product;
(g) Products which, after distribution
or sale by you, have been labeledor 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 acls or omissions or those ofits employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i) The exceptions contained in
Subparagraphs (d) or (f); or
(ii) Such inspections,
adjustments, tests or servicing
as the vendor has agreed to
make or normally undertakes
to make in the usual courso 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 orcontainer, entering into,
accompanying or containing such
products.
8. Additional lnsured - Controlling lnterest
WHO lS AN INSUREO under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional lnsured -
Controlling lnterest, but only with respect to
their liability arising oul of:
a. Their linancial control of you; or
b. Premises they own, maintain or control
while you lease or occupy these premises.
614o6ssa 2L-22 eL/$c/PL ltz lb.r.. I s/t3/2a21 r2'r2'1. Px lpd) P!e.21 or 25
Page 19 of 24
BUSINESS LIABILITY COVERAGE FORM
This insurance does not apply to structural
alterations, new construction and demolition
operations performed by or for that person or
organization.
9. Additional lnsursd - Owners, Lessees Or
Contraclors - Scheduled Person Or
Organization
a. WHO lS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
lnsured - Owner, Lessees Or Contractors,
but only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury'caused, in whole or
in part, by your acts or omissions or the
acts or omissions of those acting on your
behalf:
('l) ln the performance of your ongoing
operations for the additional
insured(s); or
(2) ln connection with "your work"
performed for that additional insured
and included within the "products-
completed operations hazard", but
only if this Coverage Part provides
coverage for "bodily injury" or
"property damage" included within the
"products-completed operations
hazard".
b. With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to "bodily injury', "property
damage" or "personal an advertising
injury' arising out of the rendering of, or
the failure to render, any profsssional
architectural, engineering or surveying
services, including:
(1) The preparing, approving, or failure to
prepare or approve, maps, shop
drawings, opinions reports, surveys,
field orders, change orders, designs or
drawings and specifications; or
(2) Supervisory, inspection, architectural
or enginearing activities.
10. Additional ln3ured - Coowner Of lnsured
Premises
WHO lS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or Organization(s) shown in the
Declarations as an Additional lnsured - Co-
Owner Of lnsured Premises, but only with
respect to their liability as co-owner of the
premises shown in the Oeclarations.
The limits of insurance that apply to additional
insureds are described in Section D. - Limits Of
lnsurance.
How this insurance applies when other insurance
is available to an additional insured is described in
the Other lnsurance Condition in Section E. -Liability And Medical Expenses General
Conditions.
G. LIABILITY AND MEDICAL EXPENSES
DEF!NITIONS
l. "Advertisement" means the widespread public
dissemination of information or images that
has the purpose of inducing the sale of goods,
products or services through:
a. (1) Radio;
(2) Television;
(3) Billboard;
(4) Magazine;
(5) Newspaper;
b. The lnternet, but only that part of a web
site that is about goods, products or
services for the purposes of inducing the
sale of goods, products or services; or
c. Any other publication that is given
widespread public distribution.
However, "advertisemenl" does not include:
a. The design, printed material, information
or images contrained in, on or upon the
packaging or labeling of any goods or
products; or
b. An interaclive conversation between or
among persons through a computer network.
2. 'Advertising idea' means any idea for an
"advertisement".
3. "Asbestos hazard" mgans an exposure or
threat of exposure to the actual or alleged
properties of asbestos and includes the mere
presence of asbestos in any form.
4. "Auto" means a land motor vehicle, trailer or
semi-trailer designed for travel on public
roads, including any atlached machinery or
equipment. ut "auto" does not include
'mobile equipment".
5. 'Bodily injury" means physical:
a. lnjury;
b. Sickness; or
c. Disease
sustained by a person and, if arising out of the
above, mental anguish or death at any time.
6. "Coverage tenitory" means:
aL/ac/PL I Ltz tb.r.. s/ts/2o2l 12,s2r.s Pt (em) | F!96 22 or 26
Form SS 00 08 04 05Page 20 ot 24
a. The United States of America (including its
terrilories and possessions), Puerto Rico
and Canada;
b. lnternational waters or airspace, but only if
the injury or damage occurs in the course
of travel or transportation between any
places included in a. above;
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 tenibry described in a. abovs;
(2) The activities ol a person whose homeis in the tenitory described in a.
above, but is away for a short time on
your business; or
(3) "Personal and advertising injury"
offenses that take place through the
lnternet or similar electronic means of
communication
provided the insured's responsibility to pay
damages is determined in the United States of
America (including its territories and
possessions), Puerto Rico or Canada, in a
"suit'' on the merits according to the
substantive law in such territory, or in a
seltlement we agree to.
7. "Electronic data" means information, facts or
programs:
a. Stored as or on;
b. Created or used on; or
c. 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 whichare uso.r with electronically controlled
equipment.
8. "Employee" includes a "leased worke/'.
"Employee" does not include a "temporary
worker".
9. "Executive officer" means a person holding
any of the officer positions created by your
charter, constitution, by-laws or any other
similar governing document.
10. "Hostile fire" means one which becomes
uncontrollable or breaks out from where it was
intended to be.
11. "lmpaired property' means tangible property,
other than "your product" or "your work", that
cannot be used or is less useful because:
a. lt incorporates "your product' or "your wo(k"
that is known or thought to be defectjve,
deficiant, inadequate or dangerous; or
Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
b. You have failed to fulfill the terms of a
contract or agreement,
if such property can be restored to use by:
a. The repair, replacement, adjustment or
removal of "your product" or "your work";
or
b. Your fulfilling the terms of the contract or
agreement.
12. "lnsured contract" means:
a. A contract for a lease of premises.
However, that portion of the contract for a
lease of premises lhat indemnilies any
person or organization for damage by fre,
lightning or explosion to premises while
rented to you or temporarily occupied by
you with permission of the owner is
subject to the Damage To Premises
Rented To You limit described in Section
D. - Liability and Medical Expenses Limits
of lnsurance.
b. A sidetrack agreement;
c. Any easement or license agreement,
including an easement or license
agreement in connection with construction
or demolition operations on or within 50
feet of a railroad;
d. Any obligation, as required by ordinance,
to indemnify a municipality, excepl in
connection with work for a municipality;
e. An elevator maintenance agreement; or
f. That part of any other conlract 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 tor "bodily injury" or ''property
damage" to a third person or organization,
provided the "bodily injury" or "property
damage" is caused, in whole or in part, by
you or by those acting on your behalf.
Tort liability means a liability that would be
imposed by law in the absence of any
c,ontract or agreement.
Paragraph f, includes that part of any
contract or agreement that indemnifies a
railroad for "bodily injury" or "property
damage" arising out of conslruction or
demolition operations within 50 feet of any
railroad property and affecting any railroad
bridge or trestle, tracks, road-beds, tunnel,
underpass or crossing.
However, Paragraph f. does not include
lhat pan of any contract or agreement:
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Page 21 ol 24
BUSINESS LIABILITY COVERAGE FORM
(1) That indemnifies an architect,
engineer or surveyor for injury or
dam ge arising out of:
(a) Preparing, approving or failing to
prepare or approve maps, shop
drawings, opinions, reports,
surveys, lield orders, change
orders, designs 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
(2) 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 (1) above and supervisory,inspection, architectural or
engineering activities.
13. "Leased worker" means a person leased to
you by a labor leasing lirm under an
agreement between you and the labor leasing
firm, to perform duties related to the conduct of
your business. "Leased worke/' does not
include a "temporary worker".
'14. "Loading or unloading" means the handling of
property:
a. After it is moved from the place where it is
accepted for movemenl into or onlo an
aircraft, watercrafl 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
rnovement of property by means of a mechanical
device, other than a hand truck, that is not
attached to the aircrafr, watercraft or'auto".
15. "Mobile equipmenl" 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 lreads;
d. Vehicles, whether self-propelled or not, on
which are permanendy mounted:
(l) 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 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 andgenerabrs, 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 a., b., c., or d.
above maintained pimarily for purposes
other than the transportation o, 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, of at least 1,000 pounds
gross vehicle weight, designsd
primarily for:
(a) Snow removal;
(b) Road maintenance, but not
construction or resurfacing; or
(c) Straet cleaning;
(2) Cherry pickers and similar devices
mounted on automobile or truck
chassis and used to raise or lwer
workers; and
(3) Air compressors, pumps and
generators. including spraying,welding, building cleaning,
geophysical exploration, lighting and
well servicing equipment.
16. 'Occunence'' means an accident, including
@ntinuous or repeated exposure to substantially
the same general harmful conditions.
17. "Personal and advertising injury" means injury,
including consequential "bodily injury", arising
out of one or more of the following offenses:
a. False arresl, detention or imprisonment;
b. Maliciousprosecution;
Pag6 22 ot 21
5r4o65so | ,!'r, GL/l{c/PL Liz lbar!. I s/\a/2a2r 12tt2'1\ Ps (FDr) P.s.2. ot 26
Form SS 00 08 04 05
c. The wrongful eviction from, wrongful entry
into, or invasion of the right of private
occuPancy of a room, dwelling or
premises that the person occupies,
committed by or on behalf of its owner,
landlord or lessor:
d. Oral, written or electronic publication of
material that slanders or libels a person or
organization or disparages a personrs or
organization's goods, products or services;
e. Oral, written or electronic publication of
material that violatas a person's right of
privacy;
f. Copying, in your "advertisement", a
parson's or organization's "advertising
idea" or style of "advertisement";
g. lnfringement of copyright, slogan, or title of
any literary or artistic work, in your
"advertisement"; or
h. Discrimination or humiliation that results in
injury to the feelings or reputation of a
natural person.
18. "Pollutrants" means any solid, liquid, gaseous or
thermal irritant or contaminant, including srmke,
vapor, s@t, furnes, acids, alkalis, chemicals and
wasE. Waste includes materials to be recycled,
remnditioned or reclaimed.
19. "Products-completed operatjons hazard";
a. lncludes all "bodily injury" and "property
damage" occuning away from premises
you own or rent and arising out of "your
producl" or "your work" except:
('l) Products that are still in your physical
possession; or
(2) Work that has not yet been completed
or abandoned. However, "your work"
will be deemed to be completed at the
earliest of the following times:
(a) When all oI the work called for in
your contract has been completed.
(b) When all of the work to be done at
the job site has been complated if
your contract calls for work at
more than one job site.
(c) When that part of the work done at
a job sit6 has been put to its
intended use by any person or
organization other than another
contractor or subcontactor
working on the same project.
Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
Work that may need service, maintenance,
correction, repair or replacement, but
which is othen /ise complete, will be
treated as completed.
The "bodily injury' or "property damage''
must occur away from premises you own
or rent, unless your business includes the
selling, handling or distribution of "your
product" for consumption on premises you
own or rsnt.
b. Does not include 'bodily injury' or
"property damage" arising out of:
('l) 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; or
(2) The existence of tools, uninstalled
equipment or abandoned or unused
materials.
20. "Property damage" means:
a. Physical injury to tangible property,
including all resulting loss of use of that
property. All such loss of use shall be
deemed to occur at the time of the
physical injury that caused it; or
b. Loss of use of tangible property that is not
physically injured. All such loss of use
shall be doemed to occur at the time of
"occurrence" that caused it.
As used in this definition, "electronic data" is
not tangible property.
21. "Suit" means a civil proceeding in which
damages because of'bodily injury", 'property
dam ge" or 'personal and advertising injury"
to which this insurance applies are alleged.
"Suit" includes:
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.
22. "Tempora y work r" means a person who is
furnished to you to substitute for a permanent
"employee' on leave or to mset seasonal or
short-term workload conditions.
23. "Volunteer workei' means a person who:
a. ls not your "employee";
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Page 23 ol24
BUSINESS LIABILITY COVERAGE FORM
b. Donates his or her work:
c. Acts at the direction of and within the
scope of duties determined by you; andd. ls not paid a fee, salary or other
compensation by you or anyone else for
their work performed for you.
24. "Your product":
a. Means:
(l) 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
(c) A person or organization whose
business or assets you have
acquired; and
(2) Containers (other than vehicles),
matsrials, parts or equipment
furnished in connection with such
goods or products.
b. lncludes:
(1) Warranties or representations made at
any time with respect to the litness,
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.
25. 'Your work":
a. Means:
('l) Work or operations performed by you
or on your behalf; and
(2) Materials, parts or equipment
fumished in connection with such work
or operations.
b. lncludes:
('l) 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.
Pago 21 ol21
6r.o65so | ,1-r2 oLll{c/P,, Ltz Ib...! 3/1sl202r 12'52'4s PM (pm) P.96 25 or 26
Form SS 00 08 04 05