The very best sunsets are at Driftwood Sands overlooking the Gulf of Mexico.
Driftwood Sands is a cozy beachfront 45 unit complex in Indian Rocks Beach.
About Driftwood Sands
Prestigious Driftwood Sands (DWS) is a private beachfront complex located in scenic Indian Rocks Beach, Florida overlooking the Gulf of Mexico and its timeless sunsets.
The spacious condominiums feature 2-4 bedrooms, with many master bedroom suites overlooking the Gulf of Mexico, large double or walk in closets, laundry room, garage private storage lockers and private balconies all with gulf views.
The complex is a well-managed community with an active Board of Directors, Building maintenance superintendent, grounds committee and Property Management Company.
Amenities include assigned covered & guest parking, dual elevators, library/meeting suite, shuffleboard, poolside restrooms, direct beach access, outdoor shower, a beachfront pool, sundeck with lounge chairs and tables, and a waterfront covered pavilion equipped with gas/charcoal barbeques, granite countertop, sink and serving areas for all your entertaining needs. The Pavilion may be partially reserved by owners for private or family gatherings.
Tag Cloud
NOTICE TO POLICYHOLDERS
PN CW 05 0519
©2019 X.L. America, Inc. All rights reserved. May not be copied without permission.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
U.S. TREASURY DEPARTMENT’S OFFICE OF FOREIGN ASSETS CONTROL
(“OFAC”)
No coverage is provided by this Policyholder Notice nor can it be construed to replace any
provisions of your policy. You should read your policy and review your Declarations page for
complete information on the coverages you are provided.
This Policyholder Notice provides information concerning possible impact on your insurance
coverage due to the impact of U.S. Trade Sanctions1. Please read this Policyholder Notice
carefully.
In accordance with the U.S. Department of the Treasury’s Office of Foreign Assets Control
(“OFAC”) regulations, or any other U.S. Trade Sanctions embargoes or export controls applied by
any regulatory body, if it is determined that you or any other insured, or any person or entity
claiming the benefits of this insurance has violated U.S. sanctions, embargoes or export controls
law, is a Specially Designated National and Blocked Person (“SDN”), or is owned or controlled by
an SDN, this insurance will be considered a blocked or frozen contract. When an insurance policy is
considered to be such a blocked or frozen contract, neither payments nor premium refunds may be
made without authorization from OFAC or the applicable regulator. Other limitations on the
premiums and payments also apply.
1 “U.S Trade Sanctions” may be promulgated by Executive Order, act of Congress, regulations from
the U.S. Departments of State, Treasury, or Commerce, regulations from the State Insurance
Departments, etc.
NOTICE TO POLICYHOLDERS
PN CW 01 0123
Page 1 of 3
© 2023 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
FRAUD NOTICE
Alabama
Any person who knowingly presents a false or fraudulent claim for payment of a loss or
benefit or who knowingly presents false information in an application for insurance is
guilty of a crime and may be subject to restitution fines or confinement in prison, or any
combination thereof.
Arkansas
Any person who knowingly presents a false or fraudulent claim for payment of a loss or
benefit or knowingly presents false information in an application for insurance is guilty of
a crime and may be subject to fines and confinement in prison.
California
For your protection California law requires the following to appear on this form: Any
person who knowingly presents false or fraudulent information to obtain or amend
insurance coverage or to make a claim for the payment of a loss is guilty of a crime and
may be subject to fines and confinement in state prison.
Colorado
It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting
to defraud the company. Penalties may include imprisonment, fines, denial of
insurance, and civil damages. Any insurance company or agent of an insurance
company who knowingly provides false, incomplete, or misleading facts or
information to a policyholder or claimant for the purpose of defrauding or
attempting to defraud the policyholder or claimant with regard to a settlement or
award payable from insurance proceeds shall be reported to the Colorado Division
of Insurance within the Department of Regulatory Agencies.
District of
Columbia
WARNING: It is a crime to provide false or misleading information to an insurer for the
purpose of defrauding the insurer or any other person. Penalties include imprisonment
and/or fines. In addition, an insurer may deny insurance benefits if false information
materially related to a claim was provided by the applicant.
Florida
Any person who knowingly and with intent to injure, defraud, or deceive any insurer files
a statement of claim or an application containing any false, incomplete, or misleading
information is guilty of a felony of the third degree.
Kansas
A "fraudulent insurance act" means an act committed by any person who, knowingly and
with intent to defraud, presents, causes to be presented or prepares with knowledge or
belief that it will be presented to or by an insurer, purported insurer, broker or any agent
thereof, any written, electronic, electronic impulse, facsimile, magnetic, oral, or
telephonic communication or statement as part of, or in support of, an application for the
issuance of, or the rating of an insurance policy for personal or commercial insurance, or
a claim for payment or other benefit pursuant to an insurance policy for commercial or
personal insurance that such person knows to contain materially false information
concerning any fact material thereto; or conceals, for the purpose of misleading,
information concerning any fact material thereto.
Kentucky
Any person who knowingly and with intent to defraud any insurance company or other
person files an application for insurance containing any materially false information or
conceals, for the purpose of misleading, information concerning any fact material thereto
commits a fraudulent insurance act, which is a crime.
Louisiana
Any person who knowingly presents a false or fraudulent claim for payment of a loss or
benefit or knowingly presents false information in an application for insurance is guilty of
a crime and may be subject to fines and confinement in prison.
Maine
It is a crime to knowingly provide false, incomplete or misleading information to an
insurance company for the purpose of defrauding the company. Penalties may include
imprisonment, fines, or denial of insurance benefits.
Maryland
Any person who knowingly or willfully presents a false or fraudulent claim for payment of
a loss or benefit or who knowingly or willfully presents false information in an application
for insurance is guilty of a crime and may be subject to fines and confinement in prison.
New Jersey
Any person who includes any false or misleading information on an application for an
insurance policy is subject to criminal and civil penalties.
NOTICE TO POLICYHOLDERS
PN CW 01 0123
Page 2 of 3
© 2023 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
New Mexico
ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM
FOR PAYMENT OF A LOSS OR BENEFIT OR KNOWINGLY PRESENTS FALSE
INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND
MAY BE SUBJECT TO CIVIL FINES AND CRIMINAL PENALTIES.
New York
General: All applications for commercial insurance, other than automobile
insurance: Any person who knowingly and with intent to defraud any insurance
company or other person files an application for insurance or statement of claim
containing any materially false information, or conceals for the purpose of misleading,
information concerning any fact material thereto, commits a fraudulent insurance act,
which is a crime, and shall also be subject to a civil penalty not to exceed five thousand
dollars and the stated value of the claim for each such violation.
All applications for automobile insurance and all claim forms: Any person who
knowingly makes or knowingly assists, abets, solicits or conspires with another to make
a false report of the theft, destruction, damage or conversion of any motor vehicle to a
law enforcement agency, the department of motor vehicles or an insurance company,
commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil
penalty not to exceed five thousand dollars and the value of the subject motor vehicle or
stated claim for each violation.
Fire: Any person who knowingly and with intent to defraud any insurance company or
other person files an application for insurance containing any false information, or
conceals for the purpose of misleading, information concerning any fact material thereto,
commits a fraudulent insurance act, which is a crime.
The proposed insured affirms that the foregoing information is true and agrees that these
applications shall constitute a part of any policy issued whether attached or not and that
any willful concealment or misrepresentation of a material fact or circumstances shall be
grounds to rescind the insurance policy.
Ohio
Any person who, with intent to defraud or knowing that he is facilitating a fraud against
an insurer, submits an application or files a claim containing a false or deceptive
statement is guilty of insurance fraud.
Oklahoma
WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any
insurer, makes any claim for the proceeds of an insurance policy containing any false,
incomplete or misleading information is guilty of a felony.
WARNING: All Workers Compensation Insurance:
Any person or entity who makes any material false statement or representation, who
willfully and knowingly omits or conceals any material information, or who employs any
device, scheme, or artifice, or who aids and abets any person for the purpose of:
1. obtaining any benefit or payment,
2.
increasing any claim for benefit or payment, or
3. obtaining workers' compensation coverage under the Administrative Workers'
Compensation Act, shall be guilty of a felony punishable pursuant to Section 1663
of Title 21 of the Oklahoma Statutes.
NOTICE TO POLICYHOLDERS
PN CW 01 0123
Page 3 of 3
© 2023 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Pennsylvania
Any person who knowingly and with intent to defraud any insurance company or other
person files an application for insurance or statement of claim containing any materially
false information or conceals for the purpose of misleading, information concerning any
fact material thereto commits a fraudulent insurance act, which is a crime and subjects
such person to criminal and civil penalties.
Automobile Insurance: Any person who knowingly and with intent to injure or defraud
any insurer files an application or claim containing any false, incomplete or misleading
information shall, upon conviction, be subject to imprisonment for up to seven years and
the payment of a fine of up to $15,000.
Puerto Rico
Any person who knowingly and with the intention of defrauding presents false
information in an insurance application, or presents, helps, or causes the
presentation of a fraudulent claim for the payment of a loss or any other benefit,
or presents more than one claim for the same damage or loss, shall incur a felony
and, upon conviction, shall be sanctioned for each violation by a fine of not less
than five thousand dollars ($5,000) and not more than ten thousand dollars
($10,000), or a fixed term of imprisonment for three (3) years, or both penalties.
Should aggravating circumstances [be] present, the penalty thus established may
be increased to a maximum of five (5) years, if extenuating circumstances are
present, it may be reduced to a minimum of two (2) years.
Rhode Island
Any person who knowingly presents a false or fraudulent claim for payment of a loss or
benefit or knowingly presents false information in an application for insurance is guilty of
a crime and may be subject to fines and confinement in prison.
Tennessee
It is a crime to knowingly provide false, incomplete or misleading information to an
insurance company for the purpose of defrauding the company. Penalties include
imprisonment, fines and denial of insurance benefits.
Workers’ Compensation: It is a crime to knowingly provide false, incomplete or
misleading information to any party to a workers’ compensation transaction for the
purpose of committing fraud. Penalties include imprisonment, fines and denial of
insurance benefits.
Utah
Workers’ Compensation: Any person who knowingly presents false or fraudulent
underwriting information, files or causes to be filed a false or fraudulent claim for disability
compensation or medical benefits, or submits a false or fraudulent report or billing for
health care fees or other professional services is guilty of a crime and may be subject to
fines and confinement in state prison.
Virginia
It is a crime to knowingly provide false, incomplete or misleading information to an
insurance company for the purpose of defrauding the company. Penalties include
imprisonment, fines and denial of insurance benefits.
Washington
It is a crime to knowingly provide false, incomplete or misleading information to an
insurance company for the purpose of defrauding the company. Penalties include
imprisonment, fines and denial of insurance benefits.
West Virginia
Any person who knowingly presents a false or fraudulent claim for payment of a loss or
benefit or knowingly presents false information in an application for insurance is guilty of
a crime and may be subject to fines and confinement in prison.
All Other States Any person who knowingly and willfully presents false information in an application for
insurance may be guilty of insurance fraud and subject to fines and confinement in
prison. (In Oregon, the aforementioned actions may constitute a fraudulent insurance
act which may be a crime and may subject the person to penalties).
NOTICE TO POLICYHOLDERS
PN CW 02 0119
Page 1 of 3
© 2019 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
PRIVACY POLICY
The AXA XL insurance group (the “Companies”), believes personal information that we collect about our
customers, potential customers, and proposed insureds (referred to collectively in this Privacy Policy as
“customers”) must be treated with the highest degree of confidentiality. For this reason and in compliance with
the Title V of the Gramm-Leach-Bliley Act (“GLBA”), we have developed a Privacy Policy that applies to all of our
companies. For purposes of our Privacy Policy, the term “personal information” includes all information we obtain
about a customer and maintain in a personally identifiable way. In order to assure the confidentiality of the
personal information we collect and in order to comply with applicable laws, all individuals with access to personal
information about our customers are required to follow this policy.
Our Privacy Promise
Your privacy and the confidentiality of your business records are important to us. Information and the analysis of
information is essential to the business of insurance and critical to our ability to provide to you excellent, cost-
effective service and products. We understand that gaining and keeping your trust depends upon the security
and integrity of our records concerning you. Accordingly, we promise that:
1. We will follow strict standards of security and confidentiality to protect any information you share with us or
information that we receive about you;
2. We will verify and exchange information regarding your credit and financial status only for the purposes of
underwriting, policy administration, or risk management and only with reputable references and
clearinghouse services;
3. We will not collect and use information about you and your business other than the minimum amount of
information necessary to advise you about and deliver to you excellent service and products and to
administer our business;
4. We will train our employees to handle information about you or your business in a secure and confidential
manner and only permit employees authorized to use such information to have access to such information;
5. We will not disclose information about you or your business to any organization outside the AXA XL
insurance group of Companies or to third party service providers unless we disclose to you our intent to do so
or we are required to do so by law;
6. We will not disclose medical information about you, your employees, or any claimants under any policy of
insurance, unless you provide us with written authorization to do so, or unless the disclosure is for any
specific business exception provided in the law;
7. We will attempt, with your help, to keep our records regarding you and your business complete and accurate,
and will advise you how and where to access your account information (unless prohibited by law), and will
advise you how to correct errors or make changes to that information; and
8. We will audit and assess our operations, personnel and third party service providers to assure that your
privacy is respected.
Collection and Sources of Information
We collect from a customer or potential customer only the personal information that is necessary for (a)
determining eligibility for the product or service sought by the customer, (b) administering the product or service
obtained, and (c) advising the customer about our products and services. The information we collect generally
comes from the following sources:
• Submission – During the submission process, you provide us with information about you and your business,
such as your name, address, phone number, e-mail address, and other types of personal identification
information;
• Quotes – We collect information to enable us to determine your eligibility for the particular insurance product
and to determine the cost of such insurance to you. The information we collect will vary with the type of
insurance you seek;
NOTICE TO POLICYHOLDERS
PN CW 02 0119
Page 2 of 3
© 2019 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
•
Transactions – We will maintain records of all transactions with us, our affiliates, and our third party service
providers, including your insurance coverage selections, premiums, billing and payment information, claims
history, and other information related to your account;
• Claims – If you obtain insurance from us, we will maintain records related to any claims that may be made
under your policies. The investigation of a claim necessarily involves collection of a broad range of
information about many issues, some of which does not directly involve you. We will share with you any facts
that we collect about your claim unless we are prohibited by law from doing so. The process of claim
investigation, evaluation, and settlement also involves, however, the collection of advice, opinions, and
comments from many people, including attorneys and experts, to aid the claim specialist in determining how
best to handle your claim. In order to protect the legal and transactional confidentiality and privileges
associated with such opinions, comments and advice, we will not disclose this information to you; and
• Credit and Financial Reports – We may receive information about you and your business regarding your
credit. We use this information to verify information you provide during the submission and quote processes
and to help underwrite and provide to you the most accurate and cost-effective insurance quote we can
provide.
Retention and Correction of Personal Information
We retain personal information only as long as required by our business practices and applicable law. If we
become aware that an item of personal information may be materially inaccurate, we will make reasonable effort
to re-verify its accuracy and correct any error as appropriate.
Storage of Personal Information
We have in place safeguards to protect data and paper files containing personal information.
Sharing/Disclosing of Personal Information
We maintain procedures to assure that we do not share personal information with an unaffiliated third party for
marketing purposes unless such sharing is permitted by law. Personal information may be disclosed to an
unaffiliated third party for necessary servicing of the product or service or for other normal business transactions
as permitted by law.
We do not disclose personal information to an unaffiliated third party for servicing purposes or joint marketing
purposes unless a contract containing a confidentiality/non-disclosure provision has been signed by us and the
third party. Unless a consumer consents, we do not disclose “consumer credit report” type information obtained
from an application or a credit report regarding a customer who applies for a financial product to any unaffiliated
third party for the purpose of serving as a factor in establishing a consumer’s eligibility for credit, insurance or
employment. “Consumer credit report type information” means such things as net worth, credit worthiness,
lifestyle information (piloting, skydiving, etc.) solvency, etc. We also do not disclose to any unaffiliated third party
a policy or account number for use in marketing. We may share with our affiliated companies information that
relates to our experience and transactions with the customer.
Policy for Personal Information Relating to Nonpublic Personal Health Information
We do not disclose nonpublic personal health information about a customer unless an authorization is obtained
from the customer whose nonpublic personal information is sought to be disclosed. However, an authorization
shall not be prohibited, restricted or required for the disclosure of certain insurance functions, including, but not
limited to, claims administration, claims adjustment and management, detection, investigation or reporting of
actual or potential fraud, misrepresentation or criminal activity, underwriting, policy placement or issuance, loss
control and/or auditing.
NOTICE TO POLICYHOLDERS
PN CW 02 0119
Page 3 of 3
© 2019 X.L. America, Inc. All Rights Reserved.
May not be copied without permission.
Access to Your Information
Our employees, employees of our affiliated companies, and third party service providers will have access to
information we collect about you and your business as is necessary to effect transactions with you. We may also
disclose information about you to the following categories of person or entities:
• Your independent insurance agent or broker;
• An independent claim adjuster or investigator, or an attorney or expert involved in the claim;
• Persons or organizations that conduct scientific studies, including actuaries and accountants;
• An insurance support organization;
• Another insurer if to prevent fraud or to properly underwrite a risk;
• A state insurance department or other governmental agency, if required by federal, state or local laws; or
• Any persons entitled to receive information as ordered by a summons, court order, search warrant, or
subpoena.
Violation of the Privacy Policy
Any person violating the Privacy Policy will be subject to discipline, up to and including termination.
For more information or to address questions regarding this privacy statement, please contact your broker.
PN161 12 20 T
© 2020 X.L. America, Inc.
Includes copyrighted material of National Association of Insurance Commissioners, with its permission.
POLICYHOLDER DISCLOSURE
NOTICE OF TERRORISM
INSURANCE COVERAGE
Coverage for acts of terrorism is included in your policy. You are hereby notified that the Terrorism Risk Insurance
Act, as amended in 2019, defines an act of terrorism in Section 102(1) of the Act: The term “act of terrorism”
means any act or acts that are 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 the United States in the 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. Under your coverage, any losses resulting from certified acts of terrorism may be partially reimbursed by
the United States Government under a formula established by the Terrorism Risk Insurance Act, as amended.
However, your policy may contain other exclusions which might affect your coverage, such as an exclusion for
nuclear events. Under the formula, the United States Government generally reimburses 80% beginning on January
1, 2020, of covered terrorism losses exceeding the statutorily established deductible paid by the insurance
company providing the coverage. The Terrorism Risk Insurance Act, as amended, contains a $100 billion cap that
limits U.S. Government reimbursement as well as insurers’ liability for losses resulting from certified acts of
terrorism when the amount of such losses exceeds $100 billion in any one calendar year. If the aggregate insured
losses for all insurers exceed $100 billion, your coverage may be reduced.
The portion of your annual premium that is attributable to coverage for acts of terrorism is $1% of Total Gross
Premium, and does not include any charges for the portion of losses covered by the United States government
under the Act.
Includes copyrighted material of National Association of Insurance Commissioners, with its permission.
PN104 12 20 T
POLICYHOLDER DISCLOSURE
NOTICE OF TERRORISM INSURANCE COVERAGE
You are hereby notified that under the Terrorism Risk Insurance Act, as amended, you have a right to purchase insurance
coverage for losses resulting from acts of terrorism. As defined in Section 102(1) of the Act: The term “act of terrorism”
means any act or acts that are 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 the
United States in the 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.
YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM
CERTIFIED ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES
GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN
OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR
EVENTS. UNDER THE FORMULA, THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 80%
BEGINNING ON JANUARY 1, 2020, OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY
ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM
CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE
PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT.
YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $100
BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS’ LIABILITY FOR
LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY
ONE CALENDAR YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS
EXCEED $100 BILLION, YOUR COVERAGE MAY BE REDUCED.
Terrorism Coverage Premium - Refer to the Premium/Cost section of this quotation.
IL MP 9104 0314 GIC
©2014 X.L. America, Inc. All rights reserved. May not be copied without permission.
IN WITNESS
GREENWICH INSURANCE COMPANY
REGULATORY OFFICE
505 EAGLEVIEW BOULEVARD, SUITE 100
DEPARTMENT: REGULATORY
EXTON, PA 19341-1120
PHONE: 800-688-1840
It is hereby agreed and understood that the following In Witness Clause supercedes any and all other In
Witness clauses in this policy.
All other provisions remain unchanged.
IN WITNESS WHEREOF, the Company has caused this policy to be executed and attested, and, if
required by state law, this policy shall not be valid unless countersigned by a duly authorized
representative of the Company.
Joseph Tocco
President
Toni Ann Perkins
Secretary
GXJU 000 0119
© 2019 X.L. America, Inc. All Rights Reserved. May not be copied without permission.
Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Regulatory Office:
505 Eagleview Blvd. Suite 100
Dept.: Regulatory
Exton, PA 19341-1120
800-688-1840
COMPANY PROVIDING COVERAGE:
Greenwich Insurance Company
Commercial Excess/Umbrella Liability Certificate Holder
Declarations
(If coverage listed in the schedule of underlying insurance of this policy applies on a claims-made basis, then this policy shall
apply claims-made subject to the retroactive date stated in Item 5 of this declarations page.)
Certificate Number:
This Certificate Forms a Part of Master Policy Number:
Renewal of Certificate Number:
Renewal of Master Policy Number:
1. Certificate Holder
Address:
City/State/Zip:
Certificate Holder is:
Individual
Partnership
Corporation
Joint Venture
Other (describe)
2. Certificate Period:
From:
To:
12:01 A.M. standard time at your mailing address shown above.
3.
Certificate Premium: $
3a. Certificate Premium For Certified Acts of Terrorism: Included in Certificate Premium above
3b. Surcharge:
$
4.
Limits of Insurance:
(a)
Each Occurrence
$
(b)
Products Completed Work Hazard
Aggregate (Where applicable)
$
(c)
General Aggregate
$
(d)
Self-Insured Retention or Retained Limit
$
5.
Retroactive Date Where applicable:
As per Schedule of Underlying Insurance (applicable to Claims Made Coverages)
St Petersburg, FL 33715
11/01/2023
11/01/2024
X
Driftwood Sands Condo Assoc
C/o Resource Property Management
5901 Sun Blvd Ste 103
5,000,000
5,000,000
$1212.00
PPP7499744
5,000,000
N/A
0 Occurrence
2022-01 FIGA Assessment Surcharge $8.48 & 2023-01 FIGA Assessment Surcharge $12.12
Included In ertificate re
iu A
PPP744000010
N/A
GXJU 300 0119
©2019 X.L. America, Inc. All rights reserved. May not be copied without permission.
Page 1 of 2
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Regulatory Office:
505 Eagleview Blvd. Suite 100
Dept.: Regulatory
Exton, PA 19341-1120
800-688-1840
COMPANY PROVIDING COVERAGE:
Greenwich Insurance Company
Commercial Excess Follow Form And Umbrella Liability Policy Certificate Holder Schedule Of
Underlying Insurance
Effective Date Of This Schedule:
Attached To And Forming Part Of Certificate Number:
UNDERLYING INSURER
TYPE OF
COVERAGE
LIMITS OF LIABILITY
a. Name:
Commercial General
Liability
$
each Occurrence
Policy
Number:
Claims Made
$
General Aggregate
Occurrence
(Other than Products Completed
Operations)
Term:
$
Product Completed
Operations Aggregate
$
Personal and
Advertising Injury
b. Name:
Automobile Liability
Combined Single Limit
Policy
Number:
Term:
c. Name:
Employers’ Liability
Coverage B – Employers’ Liability
Bodily Injury by Accident
Policy
Number:
$
each Accident Disease
Bodily Injury by Disease
Term:
$
each Policy
Bodily Injury by Disease
$
each Employee
d. Name:
Directors & Officers
Liability
Policy
Number:
Claims Made
$
Term:
Occurrence
$
11/01/2023 to 11/01/2024
CUMIS
1,000,000
CUICAP40298200
11/01/2023 to 11/01/2024
X
11/01/2023 to 11/01/2024
11/01/2023 to 11/01/2024
Zenith
500,000
500,000
500,000
Z136304204
11/01/2023
CUMIS
1,000,000
1,000,000
CUICAP40298200
1,000,000
2,000,000
HNOA ONLY
1,000,000
X
CUMIS
CUICAP40298200
1,000,000
each Occurrence
Aggregate
PPP7499744
GXJU 300 0119
©2019 X.L. America, Inc. All rights reserved. May not be copied without permission.
Page 2 of 2
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
UNDERLYING INSURER
TYPE OF
COVERAGE
LIMITS OF LIABILITY
e. Name:
Stop Gap Employers’
Liability
Bodily Injury by Accident
$
each Accident Disease
Policy
Number:
Bodily Injury by Disease
$
Each Policy
Term:
Bodily Injury by Disease
$
each Employee
f.
$
Liquor Liability
Name:
Policy Number:
Term:
$
g.
Garage Keepers
Legal Liability
$
Each Occurrence
Name:
Policy Number:
Term:
h. Name:
Policy Number:
Term:
$________________
$________________
$________________
$
Each Common Cause
Aggregate Limit
Each Occurrence
Claims Made
Box H
Occurrence
To
Excluded
to
To
Excluded
Pag
e 1 of 1
GXJU 408 0913
© 2013 X.L. America, Inc. All Rights Reserved.
Page 1 of 1
May not be copied without permission.
Includes copyrighted material with permission of American Association of Insurance Services, Inc.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
PURCHASING GROUP CONVERSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERICAL EXCESS/UMBRELLA LIABILITY COVERAGE PART
As to coverage provided by an individual Certificate of Insurance:
I.
2. The policy period shown on an individual Certificate of Insurance is the period that the insurance is in
force for that individual Certificate Holder, regardless of the policy period of the Master Policy; provided
however, that in no event shall the expiration date of the individual Certificate of Insurance be later than
the expiration date of the Master Policy.
3. Any reference to ‘policy number’ in a Schedule, form or endorsement, shall mean the individual
Certificate Number.
4. Limits of Insurance – applies to each Certificate of Insurance
5. The HOW MUCH WE PAY Section applies individually to each Certificate of Insurance.
6. Any Schedule, form or endorsement shown on an individual Certificate of Insurance or made part
thereof, only applies to coverage under that Certificate of Insurance.
7. Any notices sent by “us” will be sent to the Master Policy Holder, including notice of cancellation or
nonrenewal. The policy provisions are amended accordingly.
8. The HOW MUCH WE PAY Section is amended as follows with the addition of the following wording:
With respect to Coverage E only, if a policy listed in the Schedule of Underlying Insurance contains
aggregate limits, other than an aggregate limit applying to the Products-Completed Operations, the
General Aggregate stated in Item 4(c) of the Certificate Holder Declarations will apply in the same
manner as such other aggregate limits of each policy listed in the Schedule of Underlying Insurance.
The Master Policy Holder shown on the Master Policy is the Preferred Property Risk Purchasing Group,
The “certificate holder” named on the “declarations” (“you”), shall mean the individual Named Insured
Certificate Holder member of the Preferred Property Risk Purchasing Group, shown on each individual
Certificate of Insurance.
FORMS SCHEDULE
POLICY NUMBER:
POLICY PERIOD:
NAMED INSURED:
PPP7499744
11/1/2023 to 11/1/2024
Driftwood Sands Condo Assoc
Name
Description
CoverPage
COVER PAGE
PN CW 05 0519
NOTICE TO POLICYHOLDERS U.S. TREASURY DEPARTMENT’S OFFICE
OF FOREIGN ASSETS CONTROL (“OFAC”)
PN CW 01 0123
NOTICE TO POLICYHOLDERS FRAUD NOTICE
PN CW 02 0119
NOTICE TO POLICYHOLDERS PRIVACY POLICY
PN 161 12 20 T
POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE
COVERAGE
PN 104 12 20 T
POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE
COVERAGE
IL MP 9104 0314 GIC
IN WITNESS - GREENWICH INSURANCE COMPANY
GXJU 000 0119
COMMERCIAL EXCESS/UMBRELLA LIABILITY CERTIFICATE HOLDER
DECLARATIONS
GXJU 300 0119
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY
POLICY CERTIFICATE HOLDER SCHEDULE OF UNDERLYING
INSURANCE
GXJU 408 0913
PURCHASING GROUP CONVERSION ENDORSEMENT
XAI 300 10 06
FORMS SCHEDULE
CU 0001 09 10
COMMERCIAL EXCESS/UMBRELLA LIABILITY COVERAGE
GXJU 301 0913
CERTIFICATE HOLDER AND LOCATIONS
CU 0730 09 10
EXCLUSION -- UMBRELLA LIABILITY COVERAGE U
GXJU 400 0721
CLAIM REPORTING PROVISIONS COVERAGES E AND U
GXJU 401 0913
COVERAGE X -- DISASTER EVENT RESPONSE EXPENSE
GXJU 404 0913
EMPLOYMENT PRACTICES LIABILITY FOLLOW FORM COVERAGE E
GXJU 600 0913
EXCLUSION – CONTAMINATED DRYWALL COVERAGES E AND U
GXJU 605 0913
EXCLUSION -- EARTH MOVEMENT COVERAGES E AND U
GXJU 606 0913
EXCLUSION – ERRORS AND OMISSIONS LIABILITY COVERAGE E
GXJU 609 0913
EXCLUSION – TOTAL POLLUTION WITH CERTAIN EXCEPTIONS
COVERAGE E
GXJU 613 0913
CONSTRUCTION AND PRODUCT EXCLUSION -INCLUDING
CONSTRUCTION DEFECTS WITH LIMITED EXCEPTION
GXJU 409 0614
AMENDED DEFINITION PERSONAL AND ADVERTISING INJURY
COVERAGES E AND U
CU 0110 11 11
AMENDATORY ENDORSEMENT FLORIDA
CU 0602 09 10
EXCLUSION -- FUNGUS OR RELATED PERILS COVERAGES E AND U
FLORIDA
CU 0725 09 10
EXCLUSION -- PUNITIVE DAMAGES COVERAGES E AND U
CU 0403 09 14
EXCLUSION - DATA BREACH LIABILITY COVERAGES E AND U
CU 1301 01 15
CERTIFIED TERRORISM LOSS
CU 0728 09 10
EXCLUSION -- COMMUNICABLE DISEASE COVERAGES E AND U
CU 0735 09 10
EXCLUSION -- PROPERTY IN YOUR CUSTODY COVERAGES E AND U
CU 0705 09 10
EXCLUSION -- EXTERIOR INSULATION AND FINISH SYSTEMS
COVERAGES E AND U
XAI 300 10 06
© X.L. America Inc.
Page: 1
CU 1010 09 10
AMENDED DEFINITION NEW ENTITIES ARE NOT INSUREDS
COVERAGES E AND U
PN FL 03 0119
NOTICE TO POLICYHOLDERS -FLORIDA NOTICE (COMPLAINT)
XAI 300 10 06
© X.L. America Inc.
Page: 2
Copyright, American Association of Insurance Services, Inc., 2010
AAIS
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THIS IS A LEGAL CONTRACT
Page 1 of 32
-- PLEASE READ THIS CAREFULLY --
COMMERCIAL EXCESS/UMBRELLA LIABILITY COVERAGE
(THIS POLICY MAY INCLUDE CLAIMS-MADE COVERAGE)
The following Table of Contents shows how this policy is organized. It will help "you" locate
particular sections of this form.
TABLE OF CONTENTS
Page
Agreement ............................................................................................. 1
Definitions .............................................................................................. 2
Commercial Excess/Umbrella Liability Coverages ................................ 9
Coverage E -- Excess Liability ............................................................... 9
Insuring Agreement ...................................................................... 9
Exclusions .................................................................................. 13
Coverage U -- Umbrella Liability .......................................................... 17
Insuring Agreement .................................................................... 17
Exclusions .................................................................................. 18
Supplemental Payments ...................................................................... 24
What Must Be Done In Case Of Loss .................................................. 25
How Much We Pay .............................................................................. 26
Conditions ............................................................................................ 27
Nuclear Energy Liability Exclusion....................................................... 31
A state-specific amendatory endorsement applies to this policy. Other endorsements and
schedules may also apply. They are identified on the "declarations".
Refer to the Definitions for words and phrases that have special meaning. These words and
phrases are shown in quotation marks.
AGREEMENT
Subject to all the "terms" that apply, and in return for "your" payment of the required premium,
"we" provide the coverages described in this policy.
AAIS
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Page 2 of 32
Copyright, American Association of Insurance Services, Inc., 2010
DEFINITIONS
1. "You" and "your" --
a. "You" and "your" mean the person,
persons, entity, or organization named as
the insured on the "declarations".
b. Except with respect to any applicable
"terms" of this policy that address
cancellation, nonrenewal, renewal, or
premium, "you" and "your" also include
any organization (other than a joint
venture, partnership, or limited liability
company) newly acquired or formed by
the person, persons, entity, or
organization named as the insured on
the "declarations" and over which such
person, persons, entity, or organization
maintains ownership or a majority
interest.
However, "you" and "your" do not include
any such organization:
1)
if there is other similar insurance
available to it;
2) after 90 days immediately following
the acquisition or formation of the
organization or the end of the policy
period, whichever is earlier;
3) with respect to "bodily injury" or
"property damage" that occurred
prior to the acquisition or formation of
the organization; or
4) with respect to "personal and
advertising injury" arising out of an
offense committed prior to the
acquisition or formation of the
organization.
2. The words "we", "us", and "our" mean the
company providing this coverage.
3. "Advertisement" means a public notice or
announcement, including but not limited to
one found in electronic communication or on
the Internet, offering "your" goods, products,
or services:
a.
for sale, rent, lease, or other purpose to
potential buyers, clients, customers, or
patrons; or
b.
for promotion to and consideration by
potential supporters.
With respect to "advertisements" that appear
on websites, only that part of a website that
offers "your" goods, products, or services:
a.
for sale, rent, lease, or other purpose to
potential buyers, clients, customers, or
patrons; or
b.
for promotion to and consideration by
potential supporters;
is considered an "advertisement".
4. "Auto" means:
a. a land motor vehicle, a trailer, or a semi-
trailer which is designed for travel on
public roads, including attached
machinery and equipment; or
b. any other land vehicle that is subject to a
compulsory or financial responsibility law
or other motor vehicle insurance law in
the state where it is licensed or
principally garaged.
However, "auto" does not include "mobile
equipment".
5. "Bodily injury" means bodily harm, sickness,
or disease sustained by a person. "Bodily
injury" includes death that results at any time
from bodily harm, sickness, or disease.
However, "bodily injury" does not include
mental or emotional injury, suffering, or
distress that does not result from physical
injury, sickness, or disease.
AAIS
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Page 3 of 32
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6. "Claims-made" means liability insurance
coverage provisions that apply to a claim for
injury or damage if:
a.
the claim is first made against an
"insured" during the policy period or an
extended reporting period; and
b. the injury or damage occurs on or after
the retroactive date shown on the
declarations of the "claims-made" policy
and prior to the termination of the policy
period of that insurance.
7. "Coverage territory" --
a. Under Coverage E -- Excess Liability,
"coverage territory" means those
countries, territories, possessions,
international waters, airspace, and other
parts of the world that fall within the
coverage territory recognized by the
applicable "underlying insurance".
b. Under Coverage U -- Umbrella Liability,
"coverage territory" means the world
except for any foreign country, nation, or
jurisdiction upon which the United States
of America has imposed an embargo or
other economic sanctions.
8. "Covered contract" --
a. "Covered contract" means:
1) a lease of premises;
2) an easement or license agreement.
However, this does not include an
agreement in connection with any
construction or demolition operation
within 50 feet of a railroad;
3) a responsibility to indemnify a
municipality if required by an
ordinance.
However, this does not apply in
connection with work done for the
municipality;
4) a sidetrack agreement;
5) an elevator maintenance agreement;
or
6) any part of any other contract or
agreement relating to the conduct of
"your" business (including an
indemnification of a municipality in
connection with work done for the
municipality) under which "you"
assume the tort liability of another
person or organization to pay
"damages" because of "bodily injury"
or "property damage" to a third
person or organization. Tort liability
means a liability that would be
imposed by law in the absence of
any contract or agreement.
b. However, "covered contract" does not
include that part of any contract or
agreement:
1) that indemnifies a railroad for "bodily
injury" or "property damage" arising
out of construction or demolition
operations within 50 feet of railroad
property and affecting any railroad
bridge or trestle, tracks, road-beds,
tunnel, underpass, or crossing;
2) that indemnifies any person or
organization for damage by fire to
premises rented or loaned to "you";
3) that indemnifies an architect,
engineer, or surveyor for injury or
damage arising out of:
a) preparing, approving, or failing to
prepare or approve maps,
drawings, opinions, reports,
surveys, change orders, designs,
or specifications; or
b) giving directions or instructions,
or failing to give them, if that is
the primary cause of the injury or
damage; or
4) under which the "insured", if an
architect, engineer, or surveyor,
assumes liability for injury or damage
arising out of the "insured's"
rendering or failing to render
professional services, including
those listed in 3)a) above, and
supervisory, inspection, or
engineering services.
AAIS
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Copyright, American Association of Insurance Services, Inc., 2010
9. "Damages" means compensation in the form
of money for a person or organization who
claims to have suffered an injury.
10. "Data records" means files, documents, and
information in an electronic format that are
stored on instruments used with computer
hardware, networks, or other computer
programs and applications, including those
used with electronically controlled equipment.
11. "Declarations" are all pages labeled
"declarations", supplemental declarations, or
schedules, which pertain to this policy.
12. "Designated insured" means:
a. all individuals listed in b.1), b.2), b.3),
b.4), and b.5) of the definition of
"insured"; and
b. any "employee" who is authorized to give
or receive notice of an "occurrence" or a
claim.
13. "Employee" includes a "leased worker".
However, "employee" does not include a
"temporary worker".
14. "Executive officer" means a person holding
any of the officer positions created by "your"
charter, constitution, by-laws, or any other
similar governing document.
15. "Impaired property" means tangible property
other than "products" or "your work":
a.
that is less useful or no longer useable
because:
1)
it includes "products" or "your work"
that is, or is believed to be, deficient
or dangerous; or
2) "you" failed to carry out the terms of
a contract or agreement; and
b. which can be restored to use by:
1) the repair, replacement, adjustment,
or removal of "products" or "your
work"; or
2) "your" fulfilling the terms of the
contract or agreement.
16. "Indemnitee" means a person or organization
for whom an "insured" has assumed liability
for "damages" due to "bodily injury" or
"property damage" under a "covered
contract".
17. "Insured" --
a. Under Coverage E -- Excess Liability,
"insured" means:
1) "you"; and
2) persons or organizations included as
"insureds" or additional insureds in
"underlying insurance".
However, such persons or
organizations are "insureds" under
the "terms" of this policy only to the
extent that they are covered by
"underlying insurance".
b. Under Coverage U -- Umbrella Liability,
"insured" means:
1) "you" and "your" spouse, but only
with respect to the conduct of a
business of which "you" are the sole
owner, if "you" are shown on the
"declarations" as an individual;
2) "you" and "your" partners or
members and their spouses, but only
with respect to the conduct of "your"
business, if "you" are shown on the
"declarations" as a partnership or
joint venture;
3) "you" and "your" members, but only
with respect to the conduct of "your"
business, if "you" are shown on the
"declarations" as a limited liability
company. "Your" managers are also
"insureds", but only with respect to
their duties as managers;
4) "you" and "your" trustees, but only
while acting within the scope of their
duties as trustees, if "you" are shown
on the "declarations" as a trust; or
AAIS
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Copyright, American Association of Insurance Services, Inc., 2010
5) "you" and "your" "executive officers"
and directors, but only while acting
within the scope of their duties as
"executive officers" or directors, if
"you" are shown on the
"declarations" as an organization
other than a partnership, joint
venture, or limited liability company.
"Insured" also includes "your"
stockholders, but only for their
liability as stockholders.
c. Under Coverage U, "insured" also
means:
1) any person or organization, except
"your" "employee" or "volunteer
worker", while acting as "your" real
estate manager;
2)
if "you" die during the policy period,
"your" legal representative while
acting within the scope of such
duties, or a person or organization
who has temporary custody of "your"
property with respect to liability
arising out of the maintenance or use
of that property until "your" legal
representative is appointed. "Your"
legal representative has all of "your"
rights and duties under this
coverage; and
3) "your" "employees" for acts within the
scope of their employment by "you",
and "your" "employees" and
"volunteer workers" while in the
course of performing duties related
to the conduct of "your" business.
However, this does not include "your"
managers if "you" are a limited
liability company or "your" "executive
officers" if "you" are an organization
other than a partnership, joint
venture, or limited liability company.
None of these "employees" or
"volunteer workers" are "insureds"
for:
a) "bodily injury" or "personal and
advertising injury":
(1) to "you", to "your" partners or
members (if "you" are a
partnership or joint venture),
to "your" members (if "you"
are a limited liability
company), to fellow
"employees" while in the
course of employment or
while performing duties
related to the conduct of
"your" business, or to "your"
other "volunteer workers"
while performing duties
related to the conduct of
"your" business;
(2) to a spouse, child, parent,
brother, or sister of that
injured fellow "employee" or
"volunteer worker" as
described in a)(1) above; or
(3) for which there is an
obligation to fully or partially
reimburse a third party for
"damages" arising out of
injury described in a)(1) or
a)(2) above; or
b) "property damage" to property
owned by; occupied by; used by;
rented to; loaned to; in the care,
custody, or control of; or over
which physical control is being
applied by "you", "your"
"employees", "your" "volunteer
workers", any of "your" partners
or members (if "you" are a joint
venture or a partnership), or any
of "your" members (if "you" are a
limited liability company).
No person or organization is an "insured"
with respect to the conduct of a current or
past partnership, joint venture, or limited
liability company that is not named on the
"declarations" as an "insured".
18. "Leased worker" means a person whom
"you" lease from a labor leasing firm under a
contract or agreement to perform duties
related to the conduct of "your" business.
AAIS
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Copyright, American Association of Insurance Services, Inc., 2010
However, "leased worker" does not include a
"temporary worker".
19. "Limit" means the amount of coverage that
applies.
20. "Loading or unloading" --
a. "Loading or unloading" means the
handling of property:
1) starting after it is removed from the
point where it has been accepted for
transit by "auto", aircraft, or
watercraft;
2) continuing while it is in or on such
vehicle; and
3) ending when it has been removed
from the vehicle to the point of final
delivery.
b. "Loading or unloading" includes the
movement of property by a mechanical
device, but only if the mechanical device
is:
1) a hand truck; or
2) attached to the transporting vehicle.
21. "Mobile equipment" --
a. "Mobile equipment" means land vehicles,
including attached machinery or
equipment, that meet one or more of the
following criteria:
1) those which are used only on
premises (including adjoining ways)
owned by or rented to "you";
2) those which are designed primarily
for use off public roads, including
bulldozers, farm machinery, and
forklifts;
3) those which travel on crawler treads;
4) those, whether self-propelled or not,
designed or used primarily to afford
mobility to the following types of
equipment, which must be a part of
or be permanently attached to such
vehicle:
a) power cranes, shovels, loaders,
diggers, or drills; and
b) graders, scrapers, rollers, and
other road construction or repair
equipment;
5) those not described in a.1), a.2),
a.3), or a.4) above which are not
self-propelled, but are used primarily
to afford mobility to the following
types of permanently attached
equipment:
a) air compressors, pumps, and
generators (this includes
spraying, welding, and building
cleaning equipment);
b) geophysical exploration, lighting,
and well servicing equipment;
and
c) cherry pickers and similar
devices used to raise and lower
workers; or
6) those not described in a.1), a.2),
a.3), or a.4) above which are
primarily maintained for other than
the purpose of transporting persons
or cargo.
b. However, "mobile equipment" does not
include self-propelled vehicles with the
following types of permanently attached
equipment:
1) equipment designed primarily for
snow removal, street cleaning, or
road maintenance other than road
construction or resurfacing;
2) cherry pickers and similar devices
mounted on automobile or truck
chassis and used to raise or lower
workers;
3) air compressors, pumps, and
generators (this includes spraying,
welding, and building cleaning
equipment); or
4) geophysical exploration, lighting, and
well servicing equipment.
The vehicles described in b. above are
considered "autos".
AAIS
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However, "mobile equipment" does not
include land vehicles that are subject to a
compulsory or financial responsibility law or
other motor vehicle insurance law in the state
where it is licensed or principally garaged.
Land vehicles subject to a compulsory or
financial responsibility law or other motor
vehicle insurance law are considered "autos".
22. "Occurrence" means an accident and
includes continuous or repeated exposures
to similar conditions.
23. "Personal and advertising injury" means
injury, including "bodily injury" that is a
consequence thereof, arising out of one or
more of the following offenses:
a. oral or written publication, including
electronic publication, of material that:
1) slanders or libels a person or
organization;
2) disparages a person's or
organization's goods, products, or
services; or
3) violates a person's right of privacy;
b.
false arrest, detention, or
imprisonment;
c. malicious prosecution;
d. misappropriation of advertising ideas in
"your" "advertisement";
e.
infringement of the copyright, slogan, or
trade-dress of another in "your"
"advertisement"; or
f. wrongful entry into, wrongful eviction
from, or invasion of the right of private
occupancy of a room, dwelling, or
premises that a person occupies. This
offense must be committed by or on
behalf of the owner, landlord, or lessor of
the room, dwelling, or premises.
24. "Pollutant" means:
a. any solid, liquid, gaseous, thermal, or
radioactive irritant or contaminant,
including acids, alkalis, chemicals,
fumes, smoke, soot, vapor, and waste.
Waste includes materials to be recycled,
reclaimed, reconditioned, or disposed of;
or
b. electrical, magnetic, or electromagnetic
particles and fields, whether visible or
invisible, and sound.
25. "Products" --
a. "Products" means goods or products
manufactured, sold, handled, distributed,
or disposed of by "you", others trading
under "your" name, or a person or
organization whose business assets
"you" have acquired.
b. "Products" includes:
1) warranties or representations made
at any time regarding the quality,
fitness, durability, performance, or
use of "products";
2) containers (other than vehicles),
materials, parts, or equipment
furnished in connection with such
"products"; and
3) providing or failing to provide
warnings or instructions.
c. However, "products" does not include:
1) vending machines or other property
that is rented to or placed for the use
of others, but not sold; or
2) real property.
26. "Products/completed work hazard" --
a. "Products hazard" includes "bodily injury"
or "property damage" occurring away
from premises "you" own or rent and
arising out of "products" after physical
possession of the "products" has been
relinquished to others.
AAIS
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Copyright, American Association of Insurance Services, Inc., 2010
b. "Completed work hazard" includes
"bodily injury" or "property damage"
occurring away from premises "you" own
or rent and arising out of "your work".
However, it does not include work that
has not been completed or that has not
been abandoned.
"Your work" is deemed completed at the
earliest of the following times:
1) when all work specified in "your"
contract has been completed;
2) when all work to be done at a job site
has been completed if "your" contract
includes work at more than one job
site; or
3) when that part of the work at a job
site has been put to its intended use
by any person or organization other
than another contractor or
subcontractor working on the same
project.
Work which requires further service,
maintenance, correction, repair, or
replacement because of defect or
deficiency, but which is otherwise
complete, will be deemed completed.
c. However, neither the "products hazard"
nor the "completed work hazard"
includes "bodily injury" or "property
damage" arising out of:
1) the transportation of property, unless
the injury or damage arises out of a
condition in or on a vehicle not
owned by or operated by "you", and
that condition was created by any
"insured's" "loading or unloading" of
the vehicle;
2) the presence of tools, uninstalled
equipment, or abandoned or unused
materials; or
3) "products" or operations for which
the classification on the declarations
of a policy of "underlying insurance"
specifies "including
Products/Completed Work".
27. "Property damage" --
a. "Property damage" means:
1) physical injury to or destruction of
tangible property, including loss of
use of that property. Loss of use is
deemed to occur at the time of the
physical injury that caused it; or
2) the loss of use of tangible property
that has not been physically
damaged. Loss of use is deemed to
occur at the time of the "occurrence"
that caused it.
Except with respect to coverage provided
for "autos" under Coverage E, "data
records" are not tangible property.
b. With respect to the ownership,
maintenance, or use of "autos" covered
under Coverage E, "property damage"
also includes any loss, cost, or expense
arising out of any:
1) request, demand, order, statute, or
regulation requiring that any
"insured" or others test for, abate,
monitor, clean up, remove, contain,
treat, detoxify, neutralize, or in any
way respond to or assess the effects
of "pollutants"; or
2) claim or "suit" by or on behalf of any
governmental authority relating to
testing for, abating, monitoring,
cleaning up, removing, containing,
treating, detoxifying, neutralizing, or
in any way responding to or
assessing the effects of "pollutants".
28. "Recreational vehicle" means a golf cart,
snowmobile, or any other land motor vehicle
designed for off-road recreational use.
29. "Self-insured retention" means the dollar
amount shown on the "declarations" that will
be first paid by the "insured" before this
insurance becomes applicable.
AAIS
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30. "Silica" means silicon dioxide (SiO2)
including:
a. crystalline silica, silica dust, industrial
sand, silica sand, quartz, quartz dust,
cristobalite, tridymite, tripoli, and silica
mixed with other compounds;
b. amorphous silica and silica gel; and
c. silica dust mixed with other dust
particles.
31. "Suit" means a civil proceeding or an
administrative proceeding alleging
"damages" for "bodily injury", "property
damage", "personal and advertising injury",
or any other injury or damage to which this
policy applies. "Suit" includes any alternative
dispute resolution proceeding or arbitration
proceeding to which:
a. any "insured" must submit in compliance
with a law or regulation; or
b. any "insured" submits with "our" consent
or the consent of the "underlying insurer".
32. "Temporary worker" means a person who is
furnished to "you":
a. as a temporary substitute for a
permanent "employee" who is on a leave
of absence; or
b.
to meet seasonal or short-term
workloads.
33. "Terms" means all provisions, limitations,
exclusions, conditions, and definitions that
apply to this Commercial Excess/Umbrella
Liability Coverage.
34. "Underlying insurance" means the liability
insurance coverage provided under policies
shown in the Schedule of Underlying
Insurance on the "declarations" for the
"limits" and policy periods indicated. This
includes any policies issued to replace those
policies during the term of this insurance that:
a. provide at least the same "limits"; and
b. provide the same hazards insured
against, except as modified by general
program revisions or as agreed to by "us"
in writing.
35. "Underlying insurer" means any insurer that
provides a policy of "underlying insurance".
36. "Volunteer worker" means a person who is
not "your" "employee", donates his or her
time or services, and who:
a. acts at "your" direction and within the
scope of duties "you" determine; and
b.
is not paid a fee, salary, or other
compensation for his or her time or
services, other than reimbursement of
out-of-pocket expenses.
However, "volunteer worker" does not
include a "leased worker" or a "temporary
worker".
37. "Your work" --
a. "Your work" means:
1) work or operations performed by
"you" or on "your" behalf; and
2) materials, parts, and equipment
supplied for such work or operations.
b. "Your work" includes:
1) written warranties or representations
made at any time regarding quality,
fitness, durability, performance, or
use of "your work"; and
2) providing or failing to provide
warnings or instructions.
COMMERCIAL EXCESS/UMBRELLA
LIABILITY COVERAGES
COVERAGE E -- EXCESS LIABILITY
1.
Insuring Agreement
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a. "We" will pay on behalf of the "insured"
those sums in excess of "underlying
insurance" for which an "insured"
becomes legally obligated to pay as
"damages" to which this insurance
applies.
"We" have the right and duty to defend
the "insured" against a "suit" seeking
"damages" which may be covered under
Coverage E -- Excess Liability, when the
"limits" of "underlying insurance" are
exhausted by the payment of claims,
settlements, judgments, and/or defense
costs if the applicable "limit" of
"underlying insurance" is reduced by the
payment of defense costs.
If "we" have no duty to defend, "we" have
the right to defend or the right to
participate with the "insured" or any
"underlying insurer" in the defense,
investigation, and settlement of "suits"
against the "insured" seeking "damages"
to which this insurance may apply.
However, "we" have no duty to defend
the "insured" against a "suit" seeking
"damages" to which this policy does not
apply.
At "our" option, "we" may investigate any
"occurrence" or offense to which this
insurance applies and settle the resulting
claims or "suits" for which "we" have the
duty to defend.
b. The amount "we" will pay for "damages"
and/or defense costs is limited as
described under How Much We Pay.
c. "We" do not have to provide a defense
after "we" have paid an amount equal to
the applicable "limit" as the result of:
1)
judgments or written settlements
agreed to by "us"; and/or
2) defense costs, but only if the
applicable "limit" of "underlying
insurance" is reduced by the
payment of defense costs.
"We" have no other liability or obligation to
pay sums or to provide assistance or support
unless specifically provided for under
Supplemental Payments.
d. This insurance applies only to:
1) "bodily injury" or "property damage"
that:
a)
is caused by an "occurrence"
that takes place in the "coverage
territory";
b) occurs during the policy period of
this policy; and
c)
is covered by "underlying
insurance" or that would have
been covered by "underlying
insurance" but for the exhaustion
of "underlying insurance" "limits"
by the payment of claims,
settlements, judgments, and/or
defense costs;
2) "personal and advertising injury" that:
a) arises out of an offense
committed in the course of "your"
business if the offense is
committed:
(1) within the "coverage
territory"; and
(2) during the policy period of
this policy; and
b) is covered by "underlying
insurance" or that would have
been covered by "underlying
insurance" but for the exhaustion
of "underlying insurance" "limits"
by the payment of claims,
settlements, or judgments; and
3) any other injury or damage that:
a) arises out of a negligent act,
error, omission, injury, event,
incident, or offense; and
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b) is covered by "underlying
insurance" or that would have
been covered by "underlying
insurance" but for the exhaustion
of "underlying insurance" "limits"
by the payment of claims,
settlements, judgments, and/or
defense costs;
subject to the following additional
requirements:
a)
if the "underlying insurance"
applies on other than a "claims-
made" basis, the negligent act,
error, omission, injury, event,
incident, or offense must take
place:
(1) within the "coverage
territory"; and
(2) during the policy period of
this policy;
b)
if the "underlying insurance"
applies on a "claims-made"
basis, the negligent act, error,
omission, injury, event, incident,
or offense must take place:
(1) within the "coverage
territory"; and
(2) on or after the Retroactive
Date, if any, shown on the
"declarations" of this policy
and prior to the end of the
policy period of this policy;
and
c) with respect to "underlying
insurance" that applies on a
"claims-made" basis, the claim
must be first made against an
"insured" within the policy period
of this policy or within an
Extended Reporting Period
provided by this policy as
described under 1.e. below. A
claim will be deemed to have
been first made when one of the
following occurs:
(1) notice of such claim is
received and recorded by an
"insured", by an "underlying
insurer", or by "us" if the
"limits" of "underlying
insurance" have been
exhausted, whichever occurs
first, if the "underlying
insurance" is written on a
"claims-made" and recorded
basis; or
(2) notice of such claim is
received by any "insured",
and is reported to "us" in
writing, if the "underlying
insurance" is written on any
other "claims-made" basis.
All claims for "damages"
because of injury to the same
person or organization will be
treated as if they were made at
the time the first claim is made
against any "insured", regardless
of the number of claims
submitted.
e. Extended Reporting Periods
1) If "underlying insurance" written on a
"claims-made" basis, as described
under 1.d.3)b) and 1.d.3)c) above,
provides one or more Extended
Reporting Periods without additional
premium charge, then Coverage E --
Excess Liability will also provide
corresponding Extended Reporting
Periods that are subject to the same
terms as such Extended Reporting
Periods of the "underlying
insurance". The coverage provided
by the Extended Reporting Periods
of Coverage E -- Excess Liability will
be excess over the coverage
provided by such extended reporting
periods of the "underlying insurance".
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If "underlying insurance" requires a
written request from "you" for an
Extended Reporting Period to be
provided by endorsement and for an
additional charge, then for a
corresponding Extended Reporting
Period to apply under this policy,
"we" must also receive a written
request from "you" within the same
period of time as specified by
"underlying insurance", and "you"
must pay any additional premium to
"us" when due.
2) If "underlying insurance" written on a
"claims-made" basis, as described
under 1.d.3)b) and 1.d.3)c) above,
does not provide an Extended
Reporting Period, "you" may
purchase an Extended Reporting
Period of Coverage E -- Excess
Liability if:
a) "you" elect to cancel or not
renew this Commercial
Excess/Umbrella Liability
Coverage;
b) "we" cancel this Commercial
Excess/Umbrella Liability
Coverage for any reason other
than "your" nonpayment of
premium;
c) "we" elect not to renew this
Commercial Excess/Umbrella
Liability Coverage;
d) "we" renew or replace this
Commercial Excess/Umbrella
Liability Coverage with other
excess coverage that:
(1) provides "claims-made"
coverage; and
(2) has a Retroactive Date later
than the one shown on the
"declarations" of this
Commercial
Excess/Umbrella Liability
policy; or
e) "we" renew or replace this
Commercial Excess/Umbrella
Liability Coverage with other
excess insurance that does not
provide coverage on a "claims-
made" basis.
3) The following additional provisions
apply with respect to any Extended
Reporting Periods provided under
Coverage E -- Excess Liability:
a) The Extended Reporting Period
applies to claims for injury that
take place on or after the
Retroactive Date, if any, shown
on the "declarations" of this
policy and before the end of this
policy period.
b) The Extended Reporting Period
of this policy does not change
the policy period of this policy or
alter the scope of coverage.
c) Extended Reporting Periods may
not be canceled once in effect.
d) Except with respect to an
Extended Reporting Period
provided by endorsement for an
additional premium charge,
Extended Reporting Periods will
not reinstate or increase the
"limits" of insurance applicable to
any claim to which this
Commercial Excess/Umbrella
Liability Coverage applies.
4) The Extended Reporting Period
described under 1.e.2) above is
available by endorsement, for an
additional charge. The charge for the
Extended Reporting Period will not
exceed 200% of the annual premium
charge for the "claims-made"
coverage provided by this
Commercial Excess/Umbrella
Liability Coverage. In order to
purchase the Extended Reporting
Period, "you" must send "us" a
written request for this coverage
option not later than 30 days after
the end of the policy period, or not
later than 30 days after the effective
date of cancellation, whichever
comes first.
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The Extended Reporting Period will
not go into effect unless the
additional premium is paid by the
due date. Once the additional
premium due for the Extended
Reporting Period has been paid, the
premium will be considered to be
fully earned.
5) The Extended Reporting Period
described under 1.e.2) above starts
at the end of the policy period and
lasts for three years, unless a
different number of years is indicated
on the Extended Reporting Period
Endorsement Schedule. It applies
only to claims subject to the following
requirements:
a) the act, error, omission, injury,
event, incident, or offense took
place in the "coverage territory";
b) the act, error, omission, injury,
event, incident, or offense began
on or after any Retroactive Date
shown in the "declarations" and
before the end of the policy
period that applies to this
coverage; and
c) a claim is first made against an
"insured" during the Extended
Reporting Period.
6) The Extended Reporting Period
described under 1.e.2) above is
subject to a separate aggregate
"limit" of insurance, equal in amount
to the General Aggregate Limit dollar
amount shown in the "declarations".
The Extended Reporting Period
Aggregate Limit applies to the entire
term of the Extended Reporting
Period, regardless of the number of
years the Extended Reporting Period
is in effect.
f.
"Damages" due to "bodily injury" include
"damages" claimed by any person or
organization for care, loss of services, or
death that may result at any time from
such "bodily injury".
g.
If a contract or agreement requires that
coverage be provided to an "insured"
who is an additional insured covered by
"underlying insurance", the most "we" will
pay on behalf of the additional insured is
the "limit" required by the contract or
agreement, less any amounts payable by
any "underlying insurance".
h. When injury or damage arising out of an
exposure covered by "underlying
insurance" is subject to a separate "limit"
under the terms of that coverage, this
Commercial Excess/Umbrella Liability
Coverage will apply to injury or damage
arising out of that exposure only if the
separate "limit" is shown in the Schedule
of Underlying Insurance.
i.
The terms, definitions, conditions, and
exclusions of the policies of "underlying
insurance" govern the coverage provided
under Coverage E -- Excess Liability,
except for provisions pertaining to
premium, right of recovery, cancellation
or nonrenewal, insurance under more
than one policy, defense, "limits", any
agreement to renew, and the "terms" of
this coverage.
2. Exclusions
"We" do not pay for:
a.
injury or damage that is not covered by
"underlying insurance" for any reason
other than exhaustion of its "limit".
b. a claim based on violation of the
responsibilities, obligations, or duties
imposed on fiduciaries by the Employee
Retirement Income Security Act of 1974
as amended and any similar federal,
state, or local laws, statutes, or
regulations.
c. "bodily injury" if benefits are provided or
are required to be provided by the
"insured" under a workers'
compensation, disability benefits,
occupational disease, unemployment
compensation, or like law.
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d. "bodily injury" sustained by an
"employee" of the "insured" arising out of
and in the course of employment as a
master or member of the crew of any
vessel.
e.
liability imposed by automobile no-fault
laws or any similar laws; uninsured
motorist or underinsured motorist laws;
first party physical damage coverage;
personal injury protection; or automobile
medical payments coverage.
f.
"bodily injury" or "property damage"
arising out of the actual, alleged, or
threatened discharge, dispersal,
seepage, migration, release, escape, or
emission of "pollutants".
However, this exclusion does not apply
to "bodily injury" or "property damage"
that is covered by "underlying insurance"
or that would have been covered but for
the exhaustion of the "limits" of the
"underlying insurance". The coverage
provided by this policy will be subject to
the provisions, exclusions, and limitations
of the "underlying insurance".
g. "personal and advertising injury" arising
out of the actual, alleged, or threatened
discharge, dispersal, seepage, migration,
release, escape, or emission of
"pollutants" at any time.
h. any loss, cost, or expense arising out of
any:
1) request, demand, order, statute, or
regulation requiring that any
"insured" or others test for, abate,
monitor, clean up, remove, contain,
treat, detoxify, neutralize, or in any
way respond to or assess the effects
of "pollutants"; or
2) claim or "suit" by or on behalf of any
governmental authority relating to
testing for, abating, monitoring,
cleaning up, removing, containing,
treating, detoxifying, neutralizing, or
in any way responding to or
assessing the effects of "pollutants".
However, this exclusion does not apply
to any loss, cost, or expense that is
covered by "underlying insurance" or that
would have been covered but for the
exhaustion of the "limits" of the
"underlying insurance". The coverage
provided by this policy will be subject to
the provisions, exclusions, and limitations
of the "underlying insurance".
i.
"bodily injury" or "property damage"
arising out of the use of "autos", "mobile
equipment", watercraft, aircraft, or
"recreational vehicles" in, or in the
practice for, or the preparation for,
prearranged professional or organized
racing, speed, pulling or pushing,
demolition, or stunt activities or contests.
j.
"bodily injury", "property damage",
"personal and advertising injury", or any
other injury that is covered by "underlying
insurance", including on a "claims-made"
basis, arising directly or indirectly out of
violations of or alleged violations of:
1) the Telephone Consumer Protection
Act (TCPA), including any
amendments thereto, and any similar
federal, state, or local laws,
ordinances, statutes, or regulations;
2) the CAN-SPAM Act of 2003,
including any amendments
thereto, and any similar federal,
state, or local laws, ordinances,
statutes, or regulations;
3) the Fair Credit Reporting Act
(FCRA), including any amendments
thereto, such as the Fair and
Accurate Credit Transaction Act
(FACTA), and any similar federal,
state, or local laws, ordinances,
statutes, or regulations; or
4) any other federal, state, or local law,
regulation, statute, or ordinance that
restricts, prohibits, or otherwise
pertains to the collecting,
communicating, recording, printing,
transmitting, sending, disposal, or
distribution of material or information.
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k. "bodily injury" or "personal and
advertising injury":
1) to a person arising out of any:
a) refusal to employ that person;
b) termination of employment of
that person; or
c) coercion, demotion, evaluation,
reassignment, discipline,
defamation, harassment,
humiliation, malicious
prosecution, discrimination,
sexual misconduct, or other
employment-related practices,
policies, acts, or omissions
directed towards that person; or
2) to a spouse, child, parent, brother, or
sister of that person as a
consequence of "bodily injury" or
"personal and advertising injury" to
that person as a result of
employment-related practices
described in 1)a), 1)b), or 1)c) above.
This exclusion applies whether the injury
as a result of 1)a), 1)b), or 1)c) above
occurs before, during, or after
employment of that person.
This exclusion applies where the
"insured" is liable either as an employer
or in any other capacity or there is an
obligation to fully or partially reimburse a
third party for "damages" arising out of
1)a), 1)b), 1)c), or 2) above.
l.
"bodily injury", "property damage", or
"personal and advertising injury" caused
directly or indirectly by the following:
1) war, including undeclared or civil
war;
2) warlike action by a military force,
including action that is hindering or
defending against an actual or
expected attack, by any government,
sovereign, or other authority using
military personnel or other agents; or
3) insurrection, rebellion, revolution,
usurped power, or action taken by
governmental authority in hindering
or defending against any of these.
m. any loss, cost, expense, or "damages"
arising out of damage to, corruption of,
loss of use or function of, or inability to
access, change, or manipulate "data
records".
However, this exclusion does not apply if
such loss, cost, expense, or "damages"
is covered by "underlying insurance" or
would have been covered but for the
exhaustion of the "limits" of the
"underlying insurance". The coverage
provided by this policy will be subject to
the provisions, exclusions, and limitations
of the "underlying insurance".
n. any of the following:
1) "bodily injury" arising out of the
actual, alleged, or threatened
ingestion, inhalation, or absorption of
lead;
2) "property damage" arising out of the
actual, alleged, or threatened contact
with, existence of, exposure to, or
presence of lead;
3) "personal and advertising injury"
arising out of the actual, alleged, or
threatened ingestion of, inhalation of,
absorption of, contact with, existence
of, exposure to, or presence of lead;
4) any other injury that is covered by
"underlying insurance", including on
a "claims-made" basis, arising out of
the actual, alleged, or threatened
ingestion of, inhalation of, absorption
of, contact with, existence of,
exposure to, or presence of lead;
5) any loss, cost, or expense arising out
of any request, demand, order,
statute, or regulation that any
"insured" or others test for, abate,
monitor, clean up, remove, contain,
treat, detoxify, neutralize, or in any
way respond to or assess the effects
of lead; or
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6) any loss, cost, or expense arising out
of any claim or "suit" by or on behalf
of any governmental authority
relating to testing for, abating,
monitoring, cleaning up, removing,
containing, treating, detoxifying,
neutralizing, or in any way
responding to or assessing the
effects of lead.
o. any of the following:
1) "bodily injury" arising out of the
actual, alleged, or threatened
ingestion, inhalation, or absorption of
"silica";
2) "property damage" arising out of the
actual, alleged, or threatened contact
with, existence of, exposure to, or
presence of "silica";
3) "personal and advertising injury"
arising out of the actual, alleged, or
threatened ingestion of, inhalation of,
absorption of, contact with, existence
of, exposure to, or presence of
"silica";
4) any other injury that is covered by
"underlying insurance", including on
a "claims-made" basis, arising out of
the actual, alleged, or threatened
ingestion of, inhalation of, absorption
of, contact with, existence of,
exposure to, or presence of "silica";
5) any loss, cost, or expense arising out
of any request, demand, order,
statute, or regulation that any
"insured" or others test for, abate,
monitor, clean up, remove, contain,
treat, detoxify, neutralize, or in any
way respond to or assess the effects
of "silica"; or
6) any loss, cost, or expense arising out
of any claim or "suit" by or on behalf
of any governmental authority
relating to testing for, abating,
monitoring, cleaning up, removing,
containing, treating, detoxifying,
neutralizing, or in any way
responding to or assessing the
effects of "silica".
p. any of the following:
1) "bodily injury" arising out of the
actual, alleged, or threatened
ingestion, inhalation, or absorption of
asbestos, asbestos products,
asbestos fibers, or asbestos dust;
2) "property damage" arising out of the
actual, alleged, or threatened contact
with, existence of, exposure to, or
presence of asbestos, asbestos
products, asbestos fibers, or
asbestos dust;
3) "personal and advertising injury"
arising out of the actual, alleged, or
threatened ingestion of, inhalation of,
absorption of, contact with, existence
of, exposure to, or presence of
asbestos, asbestos products,
asbestos fibers, or asbestos dust;
4) any other injury that is covered by
"underlying insurance", including on
a "claims-made" basis, arising out of
the actual, alleged, or threatened
ingestion of, inhalation of, absorption
of, contact with, existence of,
exposure to, or presence of
asbestos, asbestos products,
asbestos fibers, or asbestos dust;
5) any loss, cost, or expense arising out
of any request, demand, order,
statute, or regulation that any
"insured" or others test for, abate,
monitor, clean up, remove, contain,
treat, detoxify, neutralize, or in any
way respond to or assess the effects
of asbestos, asbestos products,
asbestos fibers, or asbestos dust; or
6) any loss, cost, or expense arising out
of any claim or "suit" by or on behalf
of any governmental authority
relating to testing for, abating,
monitoring, cleaning up, removing,
containing, treating, detoxifying,
neutralizing, or in any way
responding to or assessing the
effects of asbestos, asbestos
products, asbestos fibers, or
asbestos dust.
q. medical payments coverage or medical
expenses that are provided regardless of
fault, whether or not covered by
"underlying insurance".
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COVERAGE U -- UMBRELLA LIABILITY
1.
Insuring Agreement
a. "We" will pay on behalf of the "insured"
those sums in excess of:
1) the "self-insured retention"; or
2) other insurance, excluding insurance
specifically purchased by the
"insured" to apply in excess of the
insurance afforded by this policy,
which is available to the "insured"
and provides coverage with respect
to injury or damage to which this
policy applies;
whichever is applicable, for which an
"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" have the right and duty to defend
the "insured" against a "suit" seeking
"damages" for such "bodily injury",
"property damage", or "personal and
advertising injury" which may be covered
under Coverage U -- Umbrella Liability.
If "we" have no duty to defend, "we" have
the right to defend or the right to
participate with the "insured" in the
defense, investigation, and settlement of
"suits" against the "insured" seeking
"damages" to which this insurance may
apply.
However, "we" have no duty to defend
the "insured" against a "suit" seeking
"damages" to which this policy does not
apply.
At "our" option, "we" may investigate any
"occurrence" or offense to which this
insurance applies and settle the resulting
claims or "suits" which "we" have the
duty to defend.
b. The amount "we" will pay for "damages"
is limited as described under How Much
We Pay.
c. "We" do not have to provide a defense
after "we" have paid an amount equal to
the applicable "limit" as the result of:
1)
judgments; or
2) written settlements agreed to by "us".
"We" have no other liability or obligation to
pay sums or to provide assistance or support
unless specifically provided for under
Supplemental Payments.
d. This insurance applies only to "bodily
injury" or "property damage" that:
1)
is caused by an "occurrence" that
takes place in the "coverage
territory";
2) occurs during the policy period of this
policy; and
3) is not a continuation of, resumption
of, or change in "bodily injury" or
"property damage" that was known
by a "designated insured" prior to the
inception date of the policy period.
If a "designated insured" knew, as
stated under the Knowledge Of
Bodily Injury Or Property Damage
Condition, prior to the inception date
of this policy period, that "bodily
injury" or "property damage" had
occurred, any continuation of,
resumption of, or change in such
"bodily injury" or "property damage"
will be deemed to have been known
by the "designated insured" prior to
the inception date of this policy
period.
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"Bodily injury" or "property damage"
that occurs during this policy period
and which is not a continuation of,
resumption of, or change in "bodily
injury" or "property damage" which
was known by a "designated
insured", as stated under the
Knowledge Of Bodily Injury Or
Property Damage Condition, to have
occurred prior to the inception date
of this policy period, will include any
continuation of, resumption of, or
change in such "bodily injury" or
"property damage" after the end of
this policy period.
e. This insurance also applies to "personal
and advertising injury" arising out of an
offense committed in the course of "your"
business, if the offense is committed:
1) within the "coverage territory"; and
2) during the policy period of this policy.
f.
"Damages" due to "bodily injury" include
"damages" claimed by any person or
organization for care, loss of services, or
death that may result at any time from
such "bodily injury".
g. Coverage U does not apply to claims
which are covered under Coverage E or
would have been covered except for
exhaustion of "underlying insurance"
"limits".
2. Exclusions
"We" do not pay for:
a. "bodily injury" or "property damage":
1) that is expected by, directed by, or
intended by the "insured"; or
2) which is the result of intentional and
malicious acts of the "insured".
However, this exclusion does not apply
to "bodily injury" that arises out of the use
of reasonable force to protect people or
property.
b. "bodily injury" or "property damage"
liability which is assumed by the
"insured" under a contract or an
agreement.
However, this exclusion does not apply
to:
1)
liability for "damages" that the
"insured" would have had in the
absence of the contract or
agreement; or
2) liability for "damages" due to "bodily
injury" or "property damage"
assumed in a "covered contract", but
only if such "bodily injury" or
"property damage" occurs after the
contract or agreement has been
executed.
Only with respect to liability assumed
in a "covered contract", "damages"
due to "bodily injury" or "property
damage" include reasonable attorney
fees and necessary litigation costs
incurred by or for an "indemnitee", if:
a)
liability to that "indemnitee" for,
or for the cost of, that
"indemnitee's" defense has also
been assumed under the same
"covered contract"; and
b) such attorney fees and litigation
costs are for the defense of that
"indemnitee" against a civil or
administrative proceeding,
alternative dispute resolution, or
arbitration proceeding alleging
"damages" to which this
insurance applies.
However, "damages" due to "bodily
injury" or "property damage" do not
include reasonable attorney fees and
necessary litigation costs incurred by
or for an "indemnitee" when all the
requirements set forth under item
4.b. of Supplemental Payments are
met.
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c. a claim based on violation of the
responsibilities, obligations, or duties
imposed on fiduciaries by the Employee
Retirement Income Security Act of 1974
as amended and any similar federal,
state, or local laws, statutes, or
regulations.
d. "bodily injury" if benefits are provided or
are required to be provided by the
"insured" under a workers'
compensation, disability benefits,
occupational disease, unemployment
compensation, or like law.
e. "bodily injury" sustained by an
"employee" of the "insured" arising out of
and in the course of employment as a
master or member of the crew of any
vessel.
f.
liability imposed by automobile no-fault
laws or any similar laws; uninsured
motorist or underinsured motorist laws;
first party physical damage coverage;
personal injury protection; or automobile
medical payments coverage.
g. "bodily injury", "property damage", or
"personal and advertising injury" arising
out of the actual, alleged, or threatened
discharge, dispersal, seepage, migration,
release, escape, or emission of
"pollutants" at any time.
h. any loss, cost, or expense arising out of
any:
1) request, demand, order, statute, or
regulation that any "insured" or
others test for, abate, monitor, clean
up, remove, contain, treat, detoxify,
neutralize, or in any way respond to
or assess the effects of "pollutants";
or
2) claim or "suit" by or on behalf of any
governmental authority relating to
testing for, abating, monitoring,
cleaning up, removing, containing,
treating, detoxifying, neutralizing, or
in any way responding to or
assessing the effects of "pollutants".
i.
"bodily injury", "property damage", or
"personal and advertising injury" caused
directly or indirectly by the following:
1) war, including undeclared or civil
war;
2) warlike action by a military force,
including action that is hindering or
defending against an actual or
expected attack, by any government,
sovereign, or other authority using
military personnel or other agents; or
3) insurrection, rebellion, revolution,
usurped power, or action taken by
governmental authority in hindering
or defending against any of these.
j.
"bodily injury" or "property damage"
arising out of the ownership,
maintenance, use, occupancy, renting,
operation, loaning, entrusting,
supervision, or "loading or unloading" of
"autos", aircraft, watercraft, "mobile
equipment", or "recreational vehicles".
k. "bodily injury" or "property damage" for
which any "insured" may be held liable
by reason of:
1) causing or contributing to the
intoxication of a person;
2) the furnishing of alcoholic beverages
to a person under the influence of
alcohol or under the legal drinking
age; or
3) a law or regulation relating to the
sale, gift, distribution, or use of
alcoholic beverages.
This exclusion applies only if "you" are in
the business of manufacturing,
distributing, furnishing, selling, or serving
alcoholic beverages.
l.
"bodily injury":
1) to an "employee" of the "insured" if it
arises out of and occurs in the
course of employment by the
"insured" or while performing duties
related to the conduct of the
"insured's" business; or
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2) to a spouse, child, parent, brother, or
sister as a consequence of "bodily
injury" to such injured "employee".
This exclusion applies where the
"insured" is liable either as an employer
or in any other capacity or there is an
obligation to fully or partially reimburse a
third party for "damages" arising out of
l.1) or l.2) above.
However, this exclusion does not apply
to liability assumed by the "insured"
under a "covered contract".
m. "bodily injury", "property damage", or
"personal and advertising injury" arising
out of the rendering of or failure to render
a professional service.
n. "bodily injury" or "personal and
advertising injury":
1) to a person arising out of any:
a) refusal to employ that person;
b) termination of employment of
that person; or
c) coercion, demotion, evaluation,
reassignment, discipline,
defamation, harassment,
humiliation, malicious
prosecution, discrimination,
sexual misconduct, or other
employment-related practices,
policies, acts, or omissions
directed towards that person; or
2) to a spouse, child, parent, brother, or
sister of that person as a
consequence of "bodily injury" or
"personal and advertising injury" to
that person as a result of
employment-related practices
described in 1)a), 1)b), or 1)c) above.
This exclusion applies whether the injury
as a result of 1)a), 1)b), or 1)c) above
occurs before, during, or after
employment of that person.
This exclusion applies where the
"insured" is liable either as an employer
or in any other capacity or there is an
obligation to fully or partially reimburse a
third party for "damages" arising out of
1)a), 1)b), 1)c), or 2) above.
o. "property damage" to property owned by,
occupied by, or rented by "you", including
any cost or expense incurred by "you" or
another person or organization, to repair,
retrofit, replace, or maintain such
property for any reason, including for the
purpose of avoiding injury to a person or
damage to another's property.
p. "property damage" to "products" if the
damage arises out of the "products" or
their parts.
q. "property damage" to that specific part of
real property on which work is being
performed by:
1) "you"; or
2) a contractor or subcontractor working
directly or indirectly on "your" behalf;
if the "property damage" arises out of
such work.
However, this exclusion does not apply
with respect to liability assumed under a
sidetrack agreement.
r.
"property damage" to that specific part of
any property that must be restored,
repaired, or replaced because "your
work" that was performed on the property
was faulty.
However, this exclusion does not apply
to:
1) "property damage" included within
the "products/completed work
hazard"; or
2) liability assumed under a sidetrack
agreement.
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s. "property damage" to personal property
in the care, custody, or control of an
"insured".
However, this exclusion does not apply
with respect to liability assumed under a
sidetrack agreement or a written trailer
interchange agreement.
t.
"property damage" to property that has
not been physically injured or destroyed,
or to "impaired property", arising out of:
1) a delay or failure to perform a
contract or agreement as specified in
its terms by "you" or one acting on
"your" behalf; or
2) a defect, deficiency, inadequacy, or
unsafe condition in "your work" or
"products".
However, this exclusion does not apply
to the loss of use of other property
resulting from sudden and accidental
physical injury or destruction of "your
work" or "products" after having been put
to its intended use.
u. "property damage" to property loaned to
"you".
However, this exclusion does not apply
with respect to liability assumed under a
sidetrack agreement or a written trailer
interchange agreement.
v. "property damage" to premises "you"
abandon, sell, or give away, if such
"property damage" originates from any
part of the premises.
However, this exclusion does not apply if
the premises are "your work" and were
never rented, held for rental, or occupied
by "you".
w. any loss, cost, or expense incurred by
"you" or any other person or organization
arising out of the loss of use, disposal,
withdrawal, recall, inspection, repair,
replacement, adjustment, or removal of
"your work", "products", or "impaired
property". This applies if "your work",
"products", or "impaired property" is
withdrawn or recalled from the market or
from use by any person or organization
because of a known or suspected defect,
deficiency, or unsafe condition in such
work, "products", or "impaired property".
x. any loss, cost, expense, or "damages"
arising out of damage to, corruption of,
loss of use or function of, or inability to
access, change, or manipulate "data
records".
y. "property damage" to "your work" if the
"property damage" arises out of "your
work" or any part of it and is included in
the "products/completed work hazard".
However, this exclusion does not apply if
damage to the work or the part of the
work out of which the damage arises was
performed by a subcontractor on "your"
behalf.
z. "bodily injury", "property damage", or
"personal and advertising injury" arising
directly or indirectly out of violations of or
alleged violations of:
1) the Telephone Consumer Protection
Act (TCPA), including any
amendments thereto, and any similar
federal, state, or local laws,
ordinances, statutes, or regulations;
2) the CAN-SPAM Act of 2003,
including any amendments thereto,
and any similar federal, state, or
local laws, ordinances, statutes, or
regulations;
3) the Fair Credit Reporting Act
(FCRA), including any amendments
thereto, such as the Fair and
Accurate Credit Transaction Act
(FACTA), and any similar federal,
state, or local laws, ordinances,
statutes, or regulations; or