Professional Documents
Culture Documents
Policy Document OVE 0000451 00
Policy Document OVE 0000451 00
dba
DECLARATIONS
A NONPARTICIPATING POLICY
POLICY NUMBER:
OVE-0000451-00
PH-DS-GL-PA-0001 (04/22) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 5
COMMERCIAL GENERAL LIABILITY DECLARATIONS
Previous Policy
Number:
THIS COVERAGE FORM AND/OR ENDORSEMENT(S) ATTACHED TO THE POLICY MAY PROVIDE COVERAGE ON
CLAIMS-MADE BASIS CONTAINING DEFENSE EXPENSES WITHIN THE LIMIT OF LIABILITY PROVISIONS. PLEASE
READ THE ENTIRE COVERAGE FORM AND ENDORSEMENT(S) CAREFULLY.
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE
AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.
LIMITS OF INSURANCE
EACH OCCURRENCE LIMIT $1,000,000
Any one
DAMAGE TO PREMISES RENTED TO YOU LIMIT $300,000 premises
Any one
MEDICAL EXPENSE LIMIT $5,000 person
Any one
PERSONAL & ADVERTISING INJURY LIMIT $1,000,000 person or
organization
PH-DS-GL-PA-0001 (04/22) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 5
DESCRIPTION OF BUSINESS
FORM OF BUSINESS:
BUSINESS DESCRIPTION:
PH-DS-GL-PA-0001 (04/22) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 5
CLASSIFICATION AND PREMIUM
NUMB NO BASE Prem/ Ops Prod/ Comp Prem/ Ops Prod/ Comp
ER Ops Ops
(IF POLICY PERIOD IS MORE THAN ONE YEAR AND PREMIUM IS PAID IN ANNUAL INSTALLMENTS)
PH-DS-GL-PA-0001 (04/22) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 5
AUDIT PERIOD (IF APPLICABLE)
MONTHLY
FORMS AND ENDORSEMENTS: FORM(S) AND ENDORSEMENT(S) APPLICABLE TO THIS COVERAGE PART AND MADE
PART OF THIS POLICY AT TIME OF ISSUE: SEE SCHEDULE OF FORMS AND ENDORSEMENTS
IN WITNESS WHEREOF, THE INSURER HAS CAUSED THIS POLICY TO BE EXECUTED AND ATTESTED, BUT THIS POLICY SHALL
NOT BE VALID UNLESS THE POLICY DECLARATIONS IS COUNTERSIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF THE
INSURER.
PH-DS-GL-PA-0001 (04/22) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 5
POLICY NUMBER: OVE-0000451-00
General Liability
Form Number Edition Date Description
Commercial General Liability
PH-DS-GL-PA-0001 04/22
Declarations
b. Up to $1,000 for the cost of bail bonds required because of accidents or traffic law
violations arising out of the use of any vehicle to which the Bodily Injury Liability
Coverage applies. We do not have to furnish these bonds.
d. All reasonable expenses incurred by the insured at our request to assist us in the
investigation or defense of the claim or "suit", including actual loss of earnings
up to $500 a day because of time off from work.
a. Coverage under this provision is afforded only until the 120th day after you acquire or
form the organization or the end of the policy period, whichever is earlier;
We waive all rights of recovery when you have agreed to waive your rights of recovery
when required by a written contract. However, this provision only applies if the written
contract was executed prior to the date of the "occurrence".
G. Paragraphs 3. and 14. of SECTION V — DEFINITIONS are deleted in their entirety and
replaced with the following:
3. "Bodily Injury" mean bodily injury, sickness or disease sustained by a person. This
includes mental anguish, mental injury, shock, fright, humiliation, emotional distress or
death resulting from bodily injury, sickness or disease.
14. "Personal and advertising injury" means injury, including consequential "bodily injury",
arising out of one or more of the following offenses:
H. The word fire is replaced with the phrase fire or explosion where it appears in:
The Limit of Insurance applicable to Damage to Premises Rented to You is $300,000 unless
a higher limit is specified on the Declarations.
Professional Liability
any “bodily injury”, “property damage”, “personal and advertising injury”, cost, loss,
damage, expense or liability arising out of:
(1) any breach of duty or negligent act, error, omission, malpractice or mistake in the
rendering of, or failure to render, any professional services; or
(2) any breach of duty or negligent act, error, omission, malpractice or mistake of a
professional nature;
committed by, or on behalf of, any insured in the conduct of any insured’s activities.
This exclusion applies even if the claims against any insured allege negligence or other
wrongdoing in the supervision, hiring, employment, training or monitoring of others by that
insured.
However, this exclusion does not apply to an insured listed as an additional insured under
the Additional Insured – Medical Personnel endorsement, if attached to and forming a part
of this policy.
SECTION II — WHO IS AN INSURED is amended to include the following as additional insureds, but
only with respect to the performance of their duties related to the conduct of your business and only at
the direction of an insured:
SECTION V – DEFINITIONS, 20. “Volunteer Worker” is deleted in its entirety and replaced with the
following:
Volunteer worker” means a person who is not your “employee” and who donates his or her
work and acts at the direction of and within the scope of duties determined by you, and is not
paid more than $5,000 per year as a fee, salary or other compensation by you or anyone else
for their work performed for you.
Independent contractors who are paid a fee, salary or other compensation are not considered
"volunteer workers".
ANIMAL(S) EXCLUSION
SCHEDULE
This insurance does not apply to "bodily injury", "property damage", or "personal and advertising
injury" arising out of any event in which the attendance or capacity of the designated venue for
such event exceeds the Number of Admissions shown in the Schedule to this Attendance
Limitation Exclusion Endorsement.
However, this exclusion does not apply if the attendance or capacity of the designated venue for
such event is otherwise approved by us in writing.
“Bodily injury” or “property damage” arising out of the rendering, or failure to render,
babysitting, child care services, day care services, or any other activity involving the care
or supervision or children.
This insurance does not apply to any claim or “suit” brought by:
(2) The spouse, child, parent, legal guardian, brother, sister of that “participant” as a
consequence of (1) above.
However, this exclusion does not apply to a claim or “suit” brought against you or an
additional insured who has been endorsed onto this policy.
Solely with respect to the coverage provided by this endorsement, SECTION V – DEFINITIONS is
amended to include the following:
“Participant” means any person who is instructing, supervising, training, or practicing for,
participating in, or otherwise involved in any sport or athletic event, activity, contest, or
exhibition.
This insurance does not apply to "bodily injury", "property damage" and "personal
advertising injury" caused by, arising out of, or resulting directly or indirectly, in
whole or in part from fireworks, explosives, pyrotechnic devices, or any incendiary
device.
Solely with respect to the coverage provided in this endorsement, "flashbox(es)" means a
device used to create a visual effect along with an explosive noise, and is induced
electronically in a cylinder with no projectile, wadding, or wrapping.
(6) A watercraft used in, or while in practice for, or while being prepared for, any sanctioned
pre-arranged racing or speed contest.
SCHEDULE
Paragraph (4) of this exclusion does not apply to sports equipment owned by others in your
care, custody, or control.
The most we will pay for damages covered under this subparagraph (4) is subject to the limit of
insurance shown in the schedule above. A deductible of $500 applies to this subparagraph.
This insurance does not apply to any loss, cost, damage, expense, injury, claim or suit, caused
by, arising out of, or resulting directly or indirectly, in whole or in part from the rendering of or
failure to render professional services by any "sports trainer" or any act, error, omission,
malpractice or mistake of a professional nature committed by any "sports trainer".
Solely with respect to the coverage provided by this endorsement, SECTION V – DEFINITIONS is
amended to include the following:
"Sports trainer" means a trainer employed by the insured or working on the insured's
behalf who carries out the practice of prevention or rehabilitation of injuries incurred by
athletes.
This insurance does not apply to "bodily injury", "property damage" or "personal advertising
injury" arising out of the ownership, maintenance, operation or use of any tanning equipment.
You must maintain a system to regularly secure signed Waiver and Release Forms from participants
who have been granted proper authorization to enter any sanctioned events. For minor participants
(under eighteen (18) years of age), you must always maintain a system to secure valid Minor Waiver
and Release Forms signed by the parent(s) or legal guardian(s).
When you notify us of an “occurrence” involving a participant, you will also provide us with a valid
Waiver and Release Form that has been signed and dated by the participant prior to the time of the
“occurrence”.
If the participant is a minor (under eighteen (18) years of age), you will provide us with a valid Minor
Waiver and Release Form that has been signed by the parent(s) or legal guardian(s) of the minor
participant.
If the provisions of this condition are not met, then no coverage will be provided under this policy for
“bodily injury” to an “athletic participant”.
In consideration of an additional premium of $ , it is agreed the following changes are made to the
Policy:
A. The insurance provided by this endorsement shall be subject to limits shown on the Policy
Declarations and as described as follows for informational purposes only:
The above Limit of Insurance is the most we will pay for any one claim arising out of Abuse and “Sexual
Molestation” during the policy period. The Aggregate is the most we will pay, regardless of the number
of claim(s) or claimants in any one policy period for Abuse and “Sexual Molestation”. These limits are
part of, and not in addition to, the Limits of Insurance shown on the Declarations.
Upon exhaustion of the Aggregate Limit stated in this Endorsement and/or the General Aggregate
stated in the Policy Declarations, we shall have no obligation to make any further payments to or on
behalf of the insured for defense, indemnification or otherwise.
1. Insuring Agreement
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” arising
out of Abuse or “Sexual Molestation.
b. This insurance applies only if the Abuse or “Sexual Molestation” is caused by an
“occurrence” that takes place in the coverage territory place on or after the inception date of
this policy, but before the end of the policy period, and within the coverage territory.
c. A claim by a person or organization seeking damages will be deemed to have been made at
the earlier of the following times:
(1) When notice of such claim is received and recorded by the insured or by us; or
d. We have the right and duty to defend any suit seeking damages to which this endorsement
applies. Our right and duty to defend ends when we have exhausted the applicable limit of
insurance. Further, we may at our discretion investigate any Abuse or “Sexual Molestation”
incident and settle any claim or suit that may result.
C. Solely with respect to any coverage provided by this endorsement, the following exclusions are
added:
1. Knowledgeable Acts
Any individual, regardless of whether such individual would otherwise qualify as an insured, who
actually or allegedly participated in, directed, or knowingly allowed to take place any act or acts
constituting or potentially constituting “sexual molestation”.
2. Willful Violation of Statute
Any actual or alleged “sexual molestation” because of the willful violation of a penal statute or
ordinance committed by or with the consent of an insured.
3. Late Reporting
Any act or acts constituting or potentially constituting “sexual molestation” if not reported to us
within thirty (30) days after a director, officer, supervisor or other responsible “employee” or
agent of the insured:
a. Has knowledge of, or has identified, either formally or informally, an act or acts constituting
“sexual molestation”; or
b. Took action in response to an act or acts potentially constituting “sexual molestation”,
whichever comes first.
4. Compensatory Damages
Any fines, penalties, punitive damages, aggravated damages, exemplary damages, or
enhanced damages resulting from the multiplication of compensatory damages.
D. Solely with respect to any coverage provided by this endorsement, SECTION V – DEFINITIONS is
amended to include the following:
“Sexual Molestation” means physical sexual abuse of any person, including but not limited to,
any non-consensual physical sexual involvement or physical sexual contact.
The following exclusion is added to the Commercial General Liability Coverage Form, Paragraph 2.,
Exclusions of SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY
DAMAGE LIABILITY, Paragraph 2., Exclusions of SECTION I – COVERAGES, COVERAGE B –
PERSONAL AND ADVERTISING INJURY LIABILITY, and Paragraph 2., Exclusions of SECTION I –
COVERAGES, COVERAGE C – MEDICAL PAYMENTS:
The following exclusion is added to the Products/Completed Operations Liability Coverage Form under
Paragraph 2., Exclusions of SECTION I – COVERAGES PRODUCTS/COMPLETED OPERATIONS,
BODILY INJURY AND PROPERTY DAMAGE LIABILITY:
Cross Suits
Any liability to an insured that is caused, in whole or in part, by any other insured.
Fungi Or Bacteria
a. "Bodily injury" or "property damage" which would not have occurred, in whole or in part, but
for the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to,
existence of, or presence of, any "fungi" or bacteria on or within a building or structure,
including its contents, regardless of whether any other cause, event, material or product
contributed concurrently or in any sequence to such injury or damage.
b. Any loss, cost or expenses arising out of the abating, testing for, monitoring, cleaning up,
removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any
way responding to, or assessing the effects of, "fungi" or bacteria, by any insured or by any
other person or entity.
(1) any "fungi" or bacteria that are, are on, or are contained in, a good or product intended for
bodily consumption; or
Fungi Or Bacteria
a. "Personal and advertising injury" which would not have taken place, in whole or in part, but for
the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to,
existence of, or presence of any "fungi" or bacteria on or within a building or structure,
including its contents, regardless of whether any other cause, event, material or product
contributed concurrently or in any sequence to such injury.
b. Any loss, cost or expense arising out of the abating, testing for, monitoring, cleaning up,
removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any
way responding to, or assessing the effects of, "fungi" or bacteria, by any insured or by any
other person or entity.
"Fungi" means any type or form of fungus, including mold or mildew and any mycotoxins, spores,
scents or byproducts produced or released by fungi.
This insurance does not apply to any liability, and we have no duty to defend or indemnify any insured
regarding a claim or “suit”, arising out of assault and/or battery including, but not limited to, the
following:
(2) any act or failure to act to suppress or prevent an assault and/or battery by any person in 1.
above; or
(a) employment;
(b) investigation;
(c) supervision;
(e) retention;
(f) hiring;
(g) placement; or
(h) training;
SECTION IV – CONDITIONS, 4. Other Insurance is deleted in its entirety and replaced with the
following:
This insurance shall be excess over other valid insurance, whether collectable or not, and whether
provided on a primary, excess, contingent or any other basis unless such other insurance is written
as specific excess over this Policy.
The Insurer shall not be deemed to provide cover and the Insurer shall not be liable to pay any
claim or provide any benefit hereunder to the extent that the provision of such cover, payment of
such claim or provision of such benefit would expose the Insurer, its parent company or its
ultimate controlling entity to any sanction, prohibition or restriction under United Nations
resolutions or the trade or economic sanctions, laws or regulations of the European Union or the
United States of America.
The following exclusion is added to the Commercial General Liability Coverage Form, Paragraph 2.,
Exclusions of SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY
DAMAGE LIABILITY, Paragraph 2., Exclusions of SECTION I – COVERAGES, COVERAGE B –
PERSONAL AND ADVERTISING INJURY LIABILITY, and Paragraph 2., Exclusions of SECTION I –
COVERAGES, COVERAGE C – MEDICAL PAYMENTS:
The following exclusion is added to the Products/Completed Operations Liability Coverage Form under
Paragraph 2., Exclusions of SECTION I – COVERAGES PRODUCTS/COMPLETED OPERATIONS,
BODILY INJURY AND PROPERTY DAMAGE LIABILITY:
This insurance does not apply to:
For the purpose of this endorsement, the following definition is added to Section V – Definitions:
ANTI-STACKING LIMITATION
(NOT APPLICABLE IF EXCESS)
Anti-Stacking
If this policy and any other insurance provided by one or more of our member companies apply to
the same claim, “suit”, accident or loss, the maximum limit of insurance under all insurance
available will not exceed the highest applicable limit of insurance available under any one policy.
However, this condition will not apply if the insurance is specifically written to be excess of this
policy.
ASBESTOS EXCLUSION
The following exclusion is added to the Commercial General Liability Coverage Form, Paragraph 2.,
Exclusions of SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY
DAMAGE LIABILITY, Paragraph 2., Exclusions of SECTION I – COVERAGES, COVERAGE B –
PERSONAL AND ADVERTISING INJURY LIABILITY, and Paragraph 2., Exclusions of SECTION I –
COVERAGES, COVERAGE C – MEDICAL PAYMENTS:
The following exclusion is added to the Products/Completed Operations Liability Coverage Form under
Paragraph 2., Exclusions of SECTION I – COVERAGES PRODUCTS/COMPLETED OPERATIONS,
BODILY INJURY AND PROPERTY DAMAGE LIABILITY:
Asbestos
(1) The manufacture of, mining of, use of, sale of, installation of, removal of, distribution of or
exposure to asbestos, asbestos containing products or materials, asbestos fibers or asbestos
dust;
(2) Any obligation of the insured to indemnify any party because of damages arising out of the
manufacture of, mining of, use of, sale of, installation of, removal of, distribution of or exposure
to asbestos, asbestos products, asbestos fibers or asbestos dust; or
(3) Any obligation to defend any “suit” or claim against the insured that seeks damages if such
“suit” or claim arises as the result of the manufacture of, mining of, use of, sale of, installation
of, removal of, distribution of or exposure to asbestos, asbestos products, asbestos fibers or
asbestos dust.
It is understood that to the extent any coverage may otherwise be provided under this policy and its
endorsements, the provisions of this exclusion shall be applicable and shall supersede any such other
provisions.
The following exclusion is added to Paragraph 2., Exclusions of SECTION I – COVERAGES, COVERAGE
A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2., Exclusions of SECTION I –
COVERAGES, COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY, and Paragraph 2.,
Exclusions of SECTION I – COVERAGES, COVERAGE C – MEDICAL PAYMENTS:
This policy does not provide coverage for any liability, loss, cost or expense resulting directly, or indirectly,
from or arising in whole, or in part, out of any negligent act, error or omission of any insured, or any other
person for whose acts any insured is legally liable, in the “administration” of any insured's “employee
benefits program” including, but not limited to, liability or alleged liability under the Employee Retirement
Income Security Act of 1974, as now constituted or hereafter amended, or under any similar federal, state
or local statutes, or under any similar provisions of common law or any other law.
a. Providing information to “employees”, including their dependents and beneficiaries, with respect to
eligibility for, or scope of, “employee benefits programs”;
“Cafeteria plan” means a plan authorized by applicable law to allow “employees” to elect to pay for certain
benefits with pre-tax dollars.
“Employee benefits program” means a program providing some or all of the following benefits to
“employees”, whether provided through a “cafeteria plan” or otherwise:
a. Group life insurance, group accident or health insurance, dental, vision and hearing plans, and flexible
spending accounts;
b. Profit-sharing plans, “employee” savings plans, “employee” stock ownership plans, pension plans and
stock subscription plans;
c. Unemployment insurance, social security benefits, workers' compensation and disability benefits; or
d. Vacation plans, including buy and sell programs, leave of absence programs, including military,
maternity, family, and civil leave, tuition assistance plans, transportation and health club subsidies.
"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.
A. The following exclusions are added to Paragraph b. Receives a written or verbal demand or claim
2., Exclusions of Coverage A - Bodily Injury for damages because of the "bodily injury" or
And Property Damage Liability (Section I - "property damage"; or
Coverages):
c. Becomes aware, or reasonably should be
This insurance does not apply to: aware, by any other means that "bodily injury"
a. ’"Bodily injury" or "property damage that was or "property damage" has occurred or has
known to any insured prior to the beginning begun to occur.
of the policy period regardless of whether:
2. "Personal and advertising injury" is considered
(1) There is a "continuation" during the policy known to an insured at the earliest of when that
period of the "occurrence" that caused insured:
such "bodily injury" or "property damage";
a. Reports all, or any part, of the offense to us
(2) There is a "continuation" of such "bodily
or any other insurer;
injury" or "property damage" during the
policy period; or b. Receives a written or verbal demand or
claim for damages because of the offense; or
(3) The "occurrence" that caused such "bodily
injury" or "property damage, causes new c. Becomes aware, or reasonably should be
o r additional ’bodily injury" or "property aware, by any other means that an offense
damage" during the policy period. has been committed or has begun to be
committed.
b. The "continuation" of "bodily injury" or
"property damage" which "manifests" prior to 3. Knowledge of any "bodily injury" or "property
the beginning of the policy period. damage" arising from an "occurrence"
constitutes knowledge of all "bodily injury" to
B. The following exclusion is added to Paragraph any person or "property damage" to any
2., Exclusions of Coverage B - Personal And property caused by the same "occurrence".
Advertising Injury Liability (Section I -
Coverages): 4. Knowledge of any "personal and advertising
i n j u r y " arising from an offense constitutes
This insurance does not apply to:
knowledge of all "personal and advertising
a. "Personal and advertising injury" that was injury" caused by the same offense.
known to any insured prior to the beginning
of the policy period regardless of whether: D. The following definitions are added to Section V
(1) There is a "continuation" of such "personal - Definitions:
and advertising injury" during the policy
period; or 1. "Continuation" includes any progression,
change or resumption.
(2) The offense which caused such "personal
and advertising injury" causes new or 2. "Manifests" means:
additional "personal and advertising
injury" during the policy period. a. For "bodily injury", when such injury,
sickness or disease is first diagnosed; and
C. For the purposes of this endorsement:
b. For "property damage", the earlier of when
1. "Bodily injury" or "property damage" is such damage is known to an insured or is
considered known to an insured at the earliest fi r s t discovered by any person or
of when that insured: organization whose property suffered such
a. Reports all, or any part, of the "bodily injury" damage.
o r "property damage" to us or any other
insurer;
LEAD EXCLUSION
The following exclusion is added to the Commercial General Liability Coverage Form, Paragraph 2.,
Exclusions of SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY
DAMAGE LIABILITY,Paragraph 2., Exclusions o f SECTION I – COVERAGES, COVERAGE B –
PERSONAL AND ADVERTISING INJURY LIABILITY, and Paragraph 2., Exclusions of SECTION I –
COVERAGES, COVERAGE C – MEDICAL PAYMENTS:
The following exclusion is added to the Products/Completed Operations Liability Coverage Form under
Paragraph 2., Exclusions of SECTION I – COVERAGES PRODUCTS/COMPLETED OPERATIONS,
BODILY INJURY AND PROPERTY DAMAGE LIABILITY:
Lead
Any “bodily injury”, “property damage”, “personal and advertising injury” or any other liability, loss,
injury, damage, cost or expense arising out of lead or the lead content.
It is understood that to the extent any coverage may otherwise be provided under this policy and its
endorsements, the provisions of this exclusion shall be applicable and shall supersede any such other
provisions.
LIBERALIZATION
(AMENDMENT OF SECTION IV –
COMMERCIAL GENERAL LIABILITY CONDITIONS)
Liberalization
If we adopt a change in our forms or rules which would broaden your coverage without an extra
charge, the broader coverage will apply to this policy. This extension is effective upon the approval
of such broader coverage in your State.
The following exclusion is added to the Commercial General Liability Coverage Form, Paragraph
2 . , Exclusions of SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND
PROPERTY DAMAGE LIABILITY, Paragraph 2., Exclusions of SECTION I – COVERAGES,
COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY, and Paragraph 2.,
Exclusions of SECTION I – COVERAGES, COVERAGE C – MEDICAL PAYMENTS:
The following exclusion is added to the Products/Completed Operations Liability Coverage Form
under Paragraph 2., Exclusions of SECTION I – COVERAGES PRODUCTS/COMPLETED
OPERATIONS, BODILY INJURY AND PROPERTY DAMAGE LIABILITY:
Any liability arising out of methyl tertiary-butyl ether ("MTBE ") and other fuel oxygenates
including, but not limited to, the following:
1. ether oxygenates, such as ethyl tertiary-butyl ether ("ETBE"), tertiary-amyl methyl ether
("TAME"), tertiary-amyl ethyl ether ("TAEE"), diisopropyl ether ("DIPE"), and dimethyl ether
("DME"); and
2. alcohol oxygenates, such as ethanol (ethyl alcohol), methanol (methyl alcohol), and
tertiarybutyl alcohol ("TBA").
It is understood that to the extent any coverage may otherwise be provided under this policy or
any of its endorsements, the provisions of this exclusion will supersede.
Professional Liability (With Limited Exception for Resultant Bodily Injury and
Property Damage)
This exclusion applies even if the claims against any insured allege negligence or other
wrongdoing in the supervision, hiring, employment, training or monitoring of others by that
insured.
This exclusion does not apply to resultant “bodily injury” or “property damage” arising out
of professional services performed by or on behalf of the insured.
The following exclusion is added to the Commercial General Liability Coverage Form, Paragraph
2., Exclusions of SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND
PROPERTY DAMAGE LIABILITY, Paragraph 2., Exclusions of SECTION I – COVERAGES,
COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY, and Paragraph 2.,
Exclusions of SECTION I – COVERAGES, COVERAGE C – MEDICAL PAYMENTS:
The following exclusion is added to the Products/Completed Operations Liability Coverage Form
under Paragraph 2., Exclusions of SECTION I – COVERAGES PRODUCTS/COMPLETED
OPERATIONS, BODILY INJURY AND PROPERTY DAMAGE LIABILITY:
Radioactive Matter
Any liability arising out of radioactive matter or any form of radiation.
SUBSIDENCE EXCLUSION
The following exclusion is added to Paragraph 2., Exclusions of Section I – Coverage A – Bodily
Injury And Property Damage Liability and Paragraph 2., Exclusions of Section I – Coverage B –
Personal And Advertising Injury Liability:
Subsidence
Any liability arising out of subsidence, settling, sinking, slipping, falling away, caving in, shifting,
eroding, mud flow, rising, tilting or any other movement of land or earth.
Wildfire Liability
Any “bodily injury,” “property damage,” “personal and advertising injury,” liability, loss,
injury, damage, cost or expense resulting directly or indirectly from, or arising out of, either
directly or indirectly or in whole or in part, “wildfire liability”.
For the purpose of this endorsement, the following definitions are added to SECTION V –
DEFINITIONS:
“Wildfire liability” means “bodily injury”, “property damage” or “personal and advertising injury”,
which arises out of a “wild fire”, including any cost the insured becomes legally obligated to pay
as reimbursement for fighting, suppressing or bringing under control any “wild fire”.
“Wild fire” means any wild fire, wildland fire, forest fire, brush fire, vegetation fire, grass fire,
peat fire, bushfire, hill fire, desert fire, veldfire, escaped prescribed fires, escaped wildland fire or
any other uncontrolled or unplanned fire, which may (but not required to) also consume houses,
buildings or other structures and agricultural resources. “Wild fire” includes all risk associated
with or resulting from such fire(s), such as smoke, heat, soot or fumes.
It is understood that to the extent any coverage may otherwise be provided under this policy or
any of its endorsements, the provisions of this exclusion will supersede.
SCHEDULE
Limits Of Insurance
Coverage A – Bodily Injury:
$500,000/$500,000
“Neurodegenerative Injury” Occurrence/Aggregate Limit
“Neurodegenerative Injury” Claim Expense Cap $100,000
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. The following exclusion is added to Section I – Coverage A – Bodily Injury and Property Damage
Liability and Coverage B – Personal and Advertising Injury Liability:
Except as specifically provided in this endorsement, this insurance does not apply to “bodily injury”,
“property damage” or “personal and advertising injury” arising out of “neurodegenerative injury” to a
“participant”. This exclusion includes, but is not limited to claims:
1. Of failure to warn;
2. Of negligent diagnosis or treatment; or
3. By any person or emotional distress, care, loss of services, loss of consortium or death.
B. The following is added to Section I – Coverage A – Bodily Injury And Property Damage Liability:
1. Insuring Agreement – Neurodegenerative Injury Coverage
a. We will pay those sums that the insured becomes legally obligated to pay as compensatory
damages and “claims expenses” because of “neurodegenerative 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 “neurodegenerative injury" to which this insurance does not apply. We may, at our
discretion, investigate any “neurodegenerative injury incident” and settle any claim or "suit" that
may result.But:
(1) The amount we will pay for damages and “claims expenses” is limited as described in
Section III – Limits Of Insurance; and
(2) Our right and duty to defend ends when we have used up the applicable limit of insurance in
the payment of judgments, settlements or “claims expenses”.
b. This insurance applies to “neurodegenerative injury” only if:
(1) The “neurodegenerative injury” is caused by a "neurodegenerative injury incident" that takes
place in the "coverage territory";
(3) Prior to the policy period, no insured listed under Paragraph 1. of , Section II – Who Is An
Insured and no "employee" authorized by you to give or receive notice of a "neurodegenerative
injury incident" or claim, knew that the “neurodegenerative injury” had occurred, in whole or in
part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the
“neurodegenerative injury” occurred, then any continuation, change or resumption of such
“neurodegenerative injury” during or after the policy period will be deemed to have been known
prior to the policy period.
c. “Neurodegenerative injury” which first occurs during the policy period and was not, prior to the
policy period, known to have occurred by any insured listed under Paragraph 1. of Section II –
Who Is An Insured or any "employee" authorized by you to give or receive notice of a
"neurodegenerative injury incident" or claim, includes any continuation, change or resumption of
that “neurodegenerative injury” after the end of the policy period.
d. "Neurodegenerative injury” will be deemed to have been known to have occurred at the earliest
time when any insured listed under Paragraph 1. of Section II – Who Is An Insured or any
"employee" authorized by you to give or receive notice of a "neurodegenerative injury incident" or
claim:
(1) Reports all or any part, of the “neurodegenerative injury” to us or any other insurer;
(2) Receives a written or verbal demand or claim for damages because of the
“neurodegenerative injury”; or
(3) Becomes aware by any other means that “neurodegenerative injury” has occurred or has
begun to occur.
The insurance provided under this endorsement does not apply to:
Any sum awarded for punitive damages, exemplary damages, multiplied damages, fines or
penalties, or the costs of complying with any injunctive relief arising out of any
“neurodegenerative injury incident”.
3. Medical Monitoring Costs
“Neurodegenerative injury”:
(a) For which insurance is afforded under any policy with a policy period that began prior to the
beginning of the policy period for this insurance, or
(b) That results from a “neurodegenerative injury incident” that first commenced or is alleged to
have first commenced prior to the beginning of the policy period for this insurance whether or
not the “neurodegenerative injury” was known to any person or entity.
5. Executive Officer
Damages arising out of acts, errors or omissions of an executive person in connection with a
“neurodegenerative injury incident”, but only with respect to acts, errors or omissions that take
Damages arising out of the rendering or failure to render professional health care services by a
licensed physician. This exclusion applies even if the claims against any insured allege negligence
or other wrongdoing in the supervision, hiring, employment, training or monitoring of any licensed
physician by that insured. However, this exclusion will not apply to the rendering of first-aid by any
insured at the time of and location of an injury for which no fee is charged.
18. “Suit” means a civil proceeding in which damages because of “neurodegenerative 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.
G. For the purposes of this endorsement, the following definitions are added to the Definitions Section
Any injury, including death resulting therefrom, as a result of brain or neurological injury, or any
disease, syndrome, condition or dysfunction of the brain or nervous system including, but not
limited to:
a. Alzheimer’s disease;
b. Parkinson’s disease;
c. Amyotrophic lateral sclerosis (ALS);
d. Any traumatic brain injury, repetitive brain trauma, chronic traumatic encephalopathy (CTE);
e. Dementia of any type;
f. Cognitive injury or disorder;
4. “Participant” means any person monitoring, observing or engaged at any time in any:
The following exclusion is added to Paragraph 2., Exclusions of Section I – Coverage A – Bodily
Injury And Property Damage Liability and Paragraph 2., Exclusions of Section I – Coverage B –
Personal And Advertising Injury Liability:
This insurance does not apply to punitive damages, exemplary damages, multiplied damages, fines or
penalties.
SCHEDULE
Coverage A – Bodily Injury And Property Damage: Limits Of Insurance
Participant Liability Annual Aggregate Limit $1,000,000
Participant Liability Each Occurrence Limit $1,000,000
Required Minimum Limits of Participant Accident And Medical Insurance (applicable to Paragraph
A.2.a.(3)):
Accidental Death N/A
Dismemberment N/A
Medical N/A
Weekly Indemnity N/A
Required Minimum Limits of Participant/Player’s primary policy under which you are named as an
Additional Insured (applicable to Paragraph A.2.b.):
N/A
Information required to complete this Schedule, if not shown above, will be shown in the
Declarations.
1. This insurance does not apply to “bodily injury”, “property damage”, or “personal and
advertising injury” to a person while
a. We will not pay for “bodily Injury”, “property damage” or “personal or advertising injury”
arising out of:
b. Paragraphs a.(2) and a.(3) above do not apply to any “participant/player” for which:
(1) You are named as an Additional Insured under a policy of insurance provided by the
primary insurer of the “participant/player’; and
(2) The primary policy applicable to under b.(1) above provides limits of not less than the
minimum limits shown in the Schedule from an A.M. Best Rated A- VII US Domiciled
Insurer.
c. Coverage under this endorsement for Participant Liability is subject to the Limits of
Liability shown in the Schedule and as set forth in Section B. below.
B. The following are added to Section III – Limits Of Insurance:
1. The Participant Liability Annual Aggregate Limit shown in the Schedule is the most we will
pay under Coverage A for all “bodily injury” or “property damage” arising out of Participant
Liability regardless of the number of:
a. Insureds;
b. Claims made or “suits” brought; or
c. persons or organizations making claims or bringing “suits”.
2. Subject to Paragraph B.1. above, the Participant Liability Each Occurrence Limit shown in
the Schedule is the most we will pay for Participant Liability under Coverage A because of
“bodily injury” or “property damage” arising out of any one “occurrence”.
3. If limits are not shown in the Schedule, the limit of insurance with respect to coverage
provided under this endorsement for Participant Liability is as declared on the Declarations
Page.
C. For the purpose of this endorsement, the following definitions apply:
The Insured is hereby notified that under the federal Terrorism Risk Insurance Act, as amended, (the
"Act"), the Insured has a right to purchase insurance coverage for losses arising out of an Act of
Terrorism, as defined in Section 102(1) of the Act: The term “act of terrorism” means any act that is
certified by the Secretary of the Treasury in consultation with the Secretary of Homeland Security and
the Attorney General of the United States to be an act of terrorism; to be a violent act or an act that is
dangerous to human life, property, or infrastructure; to have resulted in damage within the United
States, or outside of the United States in case of certain air carriers or vessels or the premises of a
United States mission; and to have been committed by an individual or individuals as part of an effort to
coerce the civilian population of the United States or to influence the policy or affect the conduct of the
United States Government by coercion. The Insured should read the Act for a complete description of its
coverage. The decision to certify or not to certify an event as an Act of Terrorism covered by this law is
final and not subject to review.
The Insured should know that where coverage is provided by this policy for losses caused by a Certified
Act of Terrorism may be partially reimbursed by the United States Government under a formula
established by federal law. However, the insured’s policy may contain other exclusions that might affect
coverage, such as an exclusion for nuclear events. Under the formula, the United States generally
reimburses 80% beginning on January 1, 2020 of covered terrorism losses exceeding the statutorily
established deductible that must be met by the Insurer, and which deductible is based on a percentage
of the Insurer’s direct earned premiums for the year preceding the Act of Terrorism.
Be advised that the Terrorism Risk Insurance Act, as amended, contains a $100 billion cap on all losses
resulting from Certified Acts of Terrorism. If aggregate insured losses attributable to Certified Acts of
Terrorism exceed $100 billion in a calendar year the United States Government shall not make any
payment for any portion of the amount of such loss that exceeds $100 billion. If aggregate insured
losses attributable to Acts of Terrorism exceed $100 billion in a Program Year and the Insurer has met
its deductible under the Act, the Insurer shall not be liable for payment of any portion of the losses that
exceeds $100 billion, and in such case, insured losses up to that amount are subject to pro rata
allocation in accordance with procedures established by the Secretary of the Treasury.
Coverage for “insured losses” as defined in the Act is subject to the coverage terms, conditions,
amounts and limits in this policy applicable to losses arising from events other than Acts of Terrorism.
$6.34 The Insured hereby elects to purchase coverage in accordance with the Act
for a premium of $ .
Date
A. Exclusion 2.g. Aircraft, Auto Or Watercraft under This Paragraph g.(2) applies even if the
Section I – Coverage A – Bodily Injury And claims against any insured allege
Property Damage Liability is replaced by the negligence or other wrongdoing in the
following: supervision, hiring, employment, training
2. Exclusions or monitoring of others by that insured, if
the "occurrence" which caused the
This insurance does not apply to: "bodily injury" or "property damage"
g. Aircraft, Auto Or Watercraft involved the ownership, maintenance,
use or entrustment to others of any
(1) Unmanned Aircraft
aircraft (other than "unmanned aircraft"),
"Bodily injury" or "property damage" "auto" or watercraft that is owned or
arising out of the ownership, operated by or rented or loaned to any
maintenance, use or entrustment to insured.
others of any aircraft that is an
"unmanned aircraft". Use includes This Paragraph g.(2) does not apply to:
operation and "loading or unloading". (a) A watercraft while ashore on
premises you own or rent;
This Paragraph g.(1) applies even if the
claims against any insured allege (b) A watercraft you do not own that is:
negligence or other wrongdoing in the (i) Less than 26 feet long; and
supervision, hiring, employment, training
or monitoring of others by that insured, if (ii) Not being used to carry persons
the "occurrence" which caused the or property for a charge;
"bodily injury" or "property damage" (c) Parking an "auto" on, or on the ways
involved the ownership, maintenance, next to, premises you own or rent,
use or entrustment to others of any provided the "auto" is not owned by
aircraft that is an "unmanned aircraft". or rented or loaned to you or the
(2) Aircraft (Other Than Unmanned insured;
Aircraft), Auto Or Watercraft (d) Liability assumed under any "insured
"Bodily injury" or "property damage" contract" for the ownership,
arising out of the ownership, maintenance or use of aircraft or
maintenance, use or entrustment to watercraft; or
others of any aircraft (other than
"unmanned aircraft"), "auto" or
watercraft owned or operated by or
rented or loaned to any insured. Use
includes operation and "loading or
unloading".
A. The following exclusion is added to Paragraph 2. B. The following exclusion is added to Paragraph 2.
Exclusions of Section I – Coverage A – Bodily Exclusions of Section I – Coverage B – Per-
Injury And Property Damage Liability: sonal And Advertising Injury Liability:
2. Exclusions 2. Exclusions
This insurance does not apply to: This insurance does not apply to:
Communicable Disease Communicable Disease
"Bodily injury" or "property damage" arising out "Personal and advertising injury" arising out of
of the actual or alleged transmission of a com- the actual or alleged transmission of a commu-
municable disease. nicable disease.
This exclusion applies even if the claims This exclusion applies even if the claims
against any insured allege negligence or other against any insured allege negligence or other
wrongdoing in the: wrongdoing in the:
a. Supervising, hiring, employing, training or a. Supervising, hiring, employing, training or
monitoring of others that may be infected monitoring of others that may be infected
with and spread a communicable disease; with and spread a communicable disease;
b. Testing for a communicable disease; b. Testing for a communicable disease;
c. Failure to prevent the spread of the dis- c. Failure to prevent the spread of the dis-
ease; or ease; or
d. Failure to report the disease to authorities. d. Failure to report the disease to authorities.
SCHEDULE
Description And Location Of Premises Or Classification: See Dec Page
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
With respect to any premises or classification 2. The following is added to Section I – Supple-
shown in the Schedule: mentary Payments:
1. Section I – Coverage C – Medical Payments h. Expenses incurred by the insured for first
does not apply and none of the references aid administered to others at the time of an
to it in the Coverage Part apply: and accident for "bodily injury" to which this in-
surance applies
A. The following exclusion is added to Paragraph 2., B. The following exclusion is added to Paragraph 2.,
Exclusions of Section I – Coverage A – Bodily Exclusions of Section I – Coverage B – Per-
Injury And Property Damage Liability: sonal And Advertising Injury Liability:
This insurance does not apply to: This insurance does not apply to:
"Bodily injury" to: "Personal and advertising injury" to:
(1) A person arising out of any: (1) A person arising out of any:
(a) Refusal to employ that person; (a) Refusal to employ that person;
(b) Termination of that person's employment; (b) Termination of that person's employment;
or or
(c) Employment-related practices, policies, (c) Employment-related practices, policies,
acts or omissions, such as coercion, demo- acts or omissions, such as coercion, demo-
tion, evaluation, reassignment, discipline, tion, evaluation, reassignment, discipline,
defamation, harassment, humiliation, dis- defamation, harassment, humiliation, dis-
crimination or malicious prosecution di- crimination or malicious prosecution di-
rected at that person; or rected at that person; or
(2) The spouse, child, parent, brother or sister of (2) The spouse, child, parent, brother or sister of
that person as a consequence of "bodily injury" that person as a consequence of "personal and
to that person at whom any of the employment- advertising injury" to that person at whom any
related practices described in Paragraphs (a), of the employment-related practices described
(b), or (c) above is directed. in Paragraphs (a), (b), or (c) above is directed.
This exclusion applies: This exclusion applies:
(1) Whether the injury-causing event described in (1) Whether the injury-causing event described in
Paragraphs (a), (b) or (c) above occurs before Paragraphs (a), (b) or (c) above occurs before
employment, during employment or after em- employment, during employment or after em-
ployment of that person; ployment of that person;
(2) Whether the insured may be liable as an em- (2) Whether the insured may be liable as an em-
ployer or in any other capacity; and ployer or in any other capacity; and
(3) To any obligation to share damages with or (3) To any obligation to share damages with or
repay someone else who must pay damages repay someone else who must pay damages
because of the injury. because of the injury.
Exclusion f. under Paragraph 2., Exclusions of (2) Any loss, cost or expense arising out of any:
Section I – Coverage A – Bodily Injury And Prop- (a) Request, demand, order or statutory or
erty Damage Liability is replaced by the following: regulatory requirement that any insured or
This insurance does not apply to: others test for, monitor, clean up, remove,
f. Pollution contain, treat, detoxify or neutralize, or in
any way respond to, or assess the effects
(1) "Bodily injury" or "property damage" which of "pollutants"; or
would not have occurred in whole or part but
for the actual, alleged or threatened discharge, (b) Claim or suit by or on behalf of a govern-
dispersal, seepage, migration, release or es- mental authority for damages because of
cape of "pollutants" at any time. testing for, monitoring, cleaning up, remov-
ing, containing, treating, detoxifying or
neutralizing, or in any way responding to, or
assessing the effects of, "pollutants".
A. The following exclusion is added to Paragraph 2. B. The following exclusion is added to Paragraph 2.
Exclusions of Section I – Coverage A – Bodily Exclusions of Section I – Coverage B – Per-
Injury And Property Damage Liability: sonal And Advertising Injury Liability:
2. Exclusions 2. Exclusions
This insurance does not apply to: This insurance does not apply to:
Fungi Or Bacteria Fungi Or Bacteria
a. "Bodily injury" or "property damage" which a. "Personal and advertising injury" which
would not have occurred, in whole or in part, would not have taken place, in whole or in
but for the actual, alleged or threatened in- part, but for the actual, alleged or threat-
halation of, ingestion of, contact with, expo- ened inhalation of, ingestion of, contact
sure to, existence of, or presence of, any with, exposure to, existence of, or presence
"fungi" or bacteria on or within a building or of any "fungi" or bacteria on or within a
structure, including its contents, regardless building or structure, including its contents,
of whether any other cause, event, material regardless of whether any other cause,
or product contributed concurrently or in any event, material or product contributed con-
sequence to such injury or damage. currently or in any sequence to such injury.
b. Any loss, cost or expenses arising out of the b. Any loss, cost or expense arising out of the
abating, testing for, monitoring, cleaning up, abating, testing for, monitoring, cleaning up,
removing, containing, treating, detoxifying, removing, containing, treating, detoxifying,
neutralizing, remediating or disposing of, or neutralizing, remediating or disposing of, or
in any way responding to, or assessing the in any way responding to, or assessing the
effects of, "fungi" or bacteria, by any insured effects of, "fungi" or bacteria, by any insured
or by any other person or entity. or by any other person or entity.
This exclusion does not apply to any "fungi" or C. The following definition is added to the Definitions
bacteria that are, are on, or are contained in, a Section:
good or product intended for bodily consump- "Fungi" means any type or form of fungus, includ-
tion. ing mold or mildew and any mycotoxins, spores,
scents or byproducts produced or released by
fungi.
A. The following exclusion is added to Paragraph 2., B. The following exclusion is added to Paragraph 2.,
Exclusions of Section I – Coverage A – Bodily Exclusions of Section I – Coverage B – Per-
Injury And Property Damage Liability: sonal And Advertising Injury Liability:
2. Exclusions 2. Exclusions
This insurance does not apply to: This insurance does not apply to:
Silica Or Silica-Related Dust Silica Or Silica-Related Dust
a. "Bodily injury" arising, in whole or in part, out a. "Personal and advertising injury" arising, in
of the actual, alleged, threatened or sus- whole or in part, out of the actual, alleged,
pected inhalation of, or ingestion of, "silica" threatened or suspected inhalation of, in-
or "silica-related dust". gestion of, contact with, exposure to, exis-
b. "Property damage" arising, in whole or in tence of, or presence of, "silica" or "silica-
part, out of the actual, alleged, threatened related dust".
or suspected contact with, exposure to, ex- b. Any loss, cost or expense arising, in whole
istence of, or presence of, "silica" or "silica- or in part, out of the abating, testing for,
related dust". monitoring, cleaning up, removing, contain-
c. Any loss, cost or expense arising, in whole ing, treating, detoxifying, neutralizing, reme-
or in part, out of the abating, testing for, diating or disposing of, or in any way re-
monitoring, cleaning up, removing, contain- sponding to or assessing the effects of,
ing, treating, detoxifying, neutralizing, reme- "silica" or "silica-related dust", by any in-
diating or disposing of, or in any way re- sured or by any other person or entity.
sponding to or assessing the effects of, C. The following definitions are added to the Defini-
"silica" or "silica-related dust", by any in- tions Section:
sured or by any other person or entity. 1. "Silica" means silicon dioxide (occurring in
crystalline, amorphous and impure forms), sil-
ica particles, silica dust or silica compounds.
2. "Silica-related dust" means a mixture or combi-
nation of silica and other dust or particles.
With respect to the operations of any carnival, circus, or fair, this insurance does not apply to:
1. "Bodily injury" or "property damage" arising out of any mechanically operated amusement device; or
2. "Bodily injury" to any person while practicing for or participating in any sports or athletic contest or exhibition
that you sponsor.
A. The following is added to Section IV – 4. The insured must fully maintain any coverage
Conditions: required by law, regulation or other
Expanded Coverage Territory governmental authority during the policy
period, except for reduction of the aggregate
1. If a "suit" is brought in a part of the "coverage limits due to payments of claims, judgments or
territory" that is outside the United States of settlements.
America (including its territories and
possessions), Puerto Rico or Canada, and we Failure to maintain such coverage required by
are prevented by law, or otherwise, from law, regulation or other governmental authority
defending the insured, the insured will initiate a will not invalidate this insurance. However, this
defense of the "suit". We will reimburse the insurance will apply as if the required coverage
insured, under Supplementary Payments, for by law, regulation or other governmental
any reasonable and necessary expenses authority was in full effect.
incurred for the defense of a "suit" seeking B. The following is added to Paragraph 4.b.(1) under
damages to which this insurance applies, that the Conditions section:
we would have paid had we been able to 4. Other Insurance
exercise our right and duty to defend.
b. Excess Insurance
If the insured becomes legally obligated to pay
sums because of damages to which this This insurance is excess over:
insurance applies in a part of the "coverage (c) Any of the other insurance, whether
territory" that is outside the United States of primary, excess, contingent or on
America (including its territories and any other basis:
possessions), Puerto Rico or Canada, and we (i) If the insured's liability to pay
are prevented by law, or otherwise, from damages is determined in a "suit"
paying such sums on the insured's behalf, we
brought outside the United States
will reimburse the insured for such sums. of America (including its
2. All payments or reimbursements we make for territories and possessions),
damages because of judgments or settlements Puerto Rico or Canada; or
will be made in U.S. currency at the prevailing
(ii) That is coverage required by law,
exchange rate at the time the insured became regulation or other governmental
legally obligated to pay such sums. All authority in a part of the
payments or reimbursements we make for
"coverage territory" that is outside
expenses under Supplementary Payments will the United States of America
be made in U.S. currency at the prevailing (including its territories and
exchange rate at the time the expenses were
possessions), Puerto Rico or
incurred. Canada.
3. Any disputes between you and us as to C. The definition of "coverage territory" in the
whether there is coverage under this policy Definitions section is replaced by the following:
must be filed in the courts of the United States
of America (including its territories and "Coverage territory" means anywhere in the world
possessions), Puerto Rico or Canada. with the exception of any country or jurisdiction
which is subject to trade or other economic
sanction or embargo by the United States of
America.
1. The insurance does not apply: C. Under any Liability Coverage, to "bodily injury"
A. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazard-
or "property damage": ous properties" of "nuclear material", if:
(1) With respect to which an "insured" under (1) The "nuclear material" (a) is at any "nuclear
the policy is also an insured under a nu- facility" owned by, or operated by or on be-
clear energy liability policy issued by Nu- half of, an "insured" or (b) has been dis-
clear Energy Liability Insurance Associa- charged or dispersed therefrom;
tion, Mutual Atomic Energy Liability (2) The "nuclear material" is contained in
Underwriters, Nuclear Insurance Associa- "spent fuel" or "waste" at any time pos-
tion of Canada or any of their successors, sessed, handled, used, processed, stored,
or would be an insured under any such pol- transported or disposed of, by or on behalf
icy but for its termination upon exhaustion of an "insured"; or
of its limit of liability; or (3) The "bodily injury" or "property damage"
(2) Resulting from the "hazardous properties" arises out of the furnishing by an "insured"
of "nuclear material" and with respect to of services, materials, parts or equipment in
which (a) any person or organization is re- connection with the planning, construction,
quired to maintain financial protection pur- maintenance, operation or use of any "nu-
suant to the Atomic Energy Act of 1954, or clear facility", but if such facility is located
any law amendatory thereof, or (b) the "in- within the United States of America, its terri-
sured" is, or had this policy not been issued tories or possessions or Canada, this ex-
would be, entitled to indemnity from the clusion (3) applies only to "property dam-
United States of America, or any agency age" to such "nuclear facility" and any
thereof, under any agreement entered into property thereat.
by the United States of America, or any 2. As used in this endorsement:
agency thereof, with any person or organi-
zation. "Hazardous properties" includes radioactive, toxic
or explosive properties.
B. Under any Medical Payments coverage, to
expenses incurred with respect to "bodily in- "Nuclear material" means "source material", "spe-
jury" resulting from the "hazardous properties" cial nuclear material" or "by-product material".
of "nuclear material" and arising out of the op-
eration of a "nuclear facility" by any person or
organization.