PROOF OF INSURANCE (2022) CLOSEDA CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY)
l / 112022 12/30/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER Lockton Companies NAMra
444 W. 47th Street, Suite 900 PHONE FAX
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Kansas City MO 64112-1906 EMAIL
(816)960-9000 AVORIKSA ..INSURER.. -- F -..,..... — .
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(S) AF ORDING COVERAGE -NAIL #
1? .� ....._16535 ... IN8L1REli„A Zurich American Insurance Com anv
14748 1900 CPOWEL INTERF
ACES, INC. rice Comnaa 36940
98 INSURER a Indian Harbor Insura _
L STREET, SUITE 400 INSURERC Travelers Casualty and Surety Co ofAmertca � 31194
uR and Liab Ins Co 26247
EMERYVILLE CA 94608 INSURER American Guarantee
INSURER F :
0%^%JCMAdr_rC rCDTII:IrATC IUIIkNRI D• I!A I"IAOA RRI=LdIAICiN NUMBER: 'y9r X XX x7
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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L TYPE OF INSURANCE INSD UBR POLICY NUMBER MMIDO EEF MM DDYIYYYV
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COMMERCIAL GENERAL LIABILITY
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GLA 5946351-12
1/1/2021
1/1/2022
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AUTOMOBILE LIABILITY
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1/1/2021
1/1/2022
COM13'INED SINGLE LIMIT
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UMBRELLA LIAB CUR
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AUC 4220193- 00
1/1/2021
1/1/2022
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EXCESS LIAB CLAIMS -MADE
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WORKERS COMPENSATION
N WC5946352-12
1/1/2021
1/1/2022
OR
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ANDEMPLOYERS'LIABI Y I❑N
ANY PROPRIETOR/PARTNERIEXECUTIVE
N
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_$ 1000,000 ......._
OFFICER/MEMBER EXCLUDED
(Mandatory in NH)
E L DISEASE EA EMPLOYEE
$ .1 0,00„ 0� 0O
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L.. DISEASE -POLICY LIMIT
$ 1 000.000
B
TECH E&O/CYBER LIAB.
N
N
MTP0039871 08
1/1/2021
1/1/2022
$10,000,000 EA CLAIM
$10,000,000 AGG
C
CRIME
106427648
1/1/2021
1/1/2022
$3,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
RE: IF REQUIRED BY WRITTEN CONTRACT OR AGREEMENT CITY OF EL SEGUNDO IS INCLUDED AS ADDITIONAL INSURED RESPECT
GENERAL LIABILITY AS THEIR INTENT MAY APPEAR IN CONNECTION WITH SERVICES PROVIDED BY THE NAMED INSURED FOR THE
ADDITIONAL INSURED.
1FICATE HOLDER
17072496
City of El Segundo
El Segundo Public Library
ATTN: Debra Brighton
111 West Mariposa Avenue
El Segundo CA 90245-3895
ACORD 25 (2016103)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED
01066 015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Attachment Code: D574904 Master ID: 1474898, Certificate ID: 17072496
GLA 5946351-12
General Liability Supplement Coverage Endorsement Technology Quick
Reference
A. BROADENED NAMED INSURED
B. NEWLY ACQUIRED OR FORMED ORGANIZATIONS AS NAMED INSUREDS
C. INSURED STATUS — EMPLOYEES
D. ADDITIONAL INSUREDS — LESSEES OF PREMISES
E. ADDITIONAL INSURED —VENDORS
F. ADDITIONAL INSURED — MANAGERS, LESSORS OR GOVERNMENTAL ENTITY
G. DAMAGE TO PREMISES RENTED OR OCCUPIED BY YOU
H. BROADENED CONTRACTUAL LIABILITY
I. DEFINITION —SPECIFIC PERILS
J. LIMITED CONTRACTUAL LIABILITY COVERAGE —PERSONAL AND ADVERTISING INJURY
K. INTERNET AND MULTIMEDIA SERVICES
L. SUPPLEMENTARY PAYMENTS
M. BROADENED PROPERTY DAMAGE
N. EXPECTED OR INTENDED INJURY OR DAMAGE
0. DEFINITION — BODILY INJURY
P. ELECTRONIC DATA
Q. INSURED STATUS —AMATEUR ATHLETIC PARTICIPANTS
R. NON -OWNED AIRCRAFT AND WATERCRAFT
S. DEFINITIONS — LEASED WORKER TEMPORARY WORKER AND LABOR LEASING FIRM
T. DEFINITION — MOBILE EQUIPMENT
U. DEFINITIONS —YOUR PRODUCT AND YOUR WORK
V. PRIORITY CONDITION
W. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT CONDITION
X. OTHER INSURANCE CONDITION
Y. UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS
1 WAIVER OF RIGHT OF SUBROGATION
AA. LIBERALIZATION CONDITION
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
The following changes apply to this Coverage Part. However, endorsements attached to this Coverage Part will
supersede any provisions to the contrary in this General Liability Supplemental Coverage Endorsement.
Attachment Code: D574904 Master ID: 1474898, Certificate ID: 17072496
A. Broadened Named Insured
1. The following is added to Section 11 — Who Is An Insured:
Any organization of yours, other than a partnership or joint venture, which is not shown in the
Declarations, and over which you maintain an ownership interest of more than 50% of such
organization as of the effective date of this Coverage Part, will qualify as a Named Insured. However,
such organization will not qualify as a Named Insured under this provision if it:
a. Is newly acquired or formed during the policy period;
b. Is also an insured under another policy, other than a policy written to apply
specifically in excess of this Coverage Part; or
C. Would be an insured under another policy but for its termination or the
exhaustion of its limits of insurance.
Each such organization remains qualified as a Named Insured only while you maintain an
ownership interest of more than 50% in the organization during the policy period.
2. The last paragraph of Section II — Who Is An Insured does not apply to this provision to the
extent that such paragraph would conflict with this provision.
B. Newly Acquired or Formed Organizations as Named Insureds
1. Paragraph 3. of Section II — Who Is An Insured is replaced by the following:
3. Any organization you newly acquire or form during the policy period, other than a
partnership or joint venture, and over which you maintain an ownership interest of more than
50% of such organization, will qualify as a Named Insured if there is no other similar
insurance available to that organization. However:
a. Coverage under this provision is afforded only until the 18001 day after you
acquire or form the organization or the end of the policy period, whichever is
earlier;
b. Coverage A does not apply to "bodily injury" or "property damage" that occurred
before you acquired or formed the organization; and
c. Coverage B does not apply to "personal and advertising injury" arising out of an
offense committed before you acquired or formed the organization.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
An additional premium will apply in accordance with our rules and rates in effect on the date
you acquired or formed the organization.
2. The last paragraph of Section II — Who Is An Insured does not apply to this provision to the
extent that such paragraph would conflict with this provision.
C. Insured Status — Employees
Paragraph 2.a.(1) of Section II — Who Is An Insured is replaced by the following:
2. Each of the following is also an insured:
a. Your "volunteer workers" only while performing duties related to the conduct of your
business, or your "employees", other than either your "executive officers" (if you are an
organization other than a partnership, joint venture or limited liability company) or your
managers (if you are a limited liability company), but only for acts within the scope of their
employment by you or while performing duties related to the conduct of your business.
However, none of these "employees" or "volunteer workers" are insureds for
(1) "Bodily injury" or "personal and advertising injury":
(a) To you, to your partners or members (if you area partnership or joint venture),
to your members (if you are a limited liability company), to a co -"employee" while in
the course of his or her employment or performing duties related to the conduct of
Attachment Code: D574904 Master ID: 1474898, Certificate ID: 17072496
your business, or to your other "volunteer workers" while performing duties related to
the conduct of your business;
(b) To the spouse, child, parent, brother or sister of that coi-I'employee" or
"volunteer worker" as a consequence of Paragraph (1)(a) above;
(c) For which there is any obligation to share damages with or repay someone
else who must pay damages because of the injury described in Paragraphs (1)(a)
or (b) above; or
(d) Arising out of his or her providing or failing to provide professional health care
services. However:
Paragraphs (1)(a) and (1)(d) do not apply to your "employees" or "volunteer workers",
who are not employed by you or volunteering for you as health care professionals, for
"bodily injury" arising out of "Good Samaritan Acts" while the "employee" or "volunteer
worker' is performing duties related to the conduct of your business.
"Good Samaritan Acts" mean any assistance of a medical nature rendered or provided in an
emergency situation for which no remuneration is demanded or received.
Paragraphs Ma), (b) and (c) do not apply to any "employee" designated as a supervisor or
higher in rank, with respect to "bodily injury" to co -'employees". As used in this provision,
"employees" designated as a supervisor or higher in rank means only "employees" who are
authorized by you to exercise direct or indirect supervision or control over "employees" or
"volunteer workers" and the manner in which work is performed.
D. Additional Insureds — Lessees of Premises
1. Section II —Who Is An Insured is amended to include as an additional insured any person(s) or
organization(s) who leases or rents a part of the premises you own or manage who you are required
to add as an additional insured on this policy under a written contract or written agreement, but only
with respect to liability arising out of your ownership, maintenance or repair of that part of the
premises which is not reserved for the exclusive use or occupancy of such person or organization or
any other tenant or lessee.
This provision does not apply after the person or organization ceases to lease or rent premises from you.
However, the insurance afforded to such additional insured:
a. Only applies to the extent permitted by law; and
b. Will not be broader than that which you are required by the written contract or written
agreement to provide for such additional insured.
2. With respect to the insurance afforded to the additional insureds under this endorsement, the
following is added to Section III — Limits Of Insurance:
The most we will pay on behalf of the additional insured is the amount of insurance:
a. Required by the written contract or written agreement referenced in Subparagraph D.1.
above (of this endorsement); or
Available under the applicable Limits of Insurance shown in the Declarations,
whichever is less.
This Paragraph D. shall not increase the applicable Limits of Insurance shown in the Declarations.
E. Additional Insured — Vendors
1. The following change applies if this Coverage Part provides insurance to you for "bodily injury"
and "property damage" included in the "products -completed operations hazard":
Section II — Who Is An Insured is amended to include as an additional insured any person or
organization (referred to throughout this Paragraph E. as vendor) who you have agreed in a
written contract or written agreement, prior to loss, to name as an additional insured, but only with
respect to "bodily injury" or "property damage" arising out of "your products" which are distributed
Attachment Code: D574904 Master ID: 1474898, Certificate ID: 17072496
or sold in the regular course of the vendor's business:
However, the insurance afforded to such vendor
a. Only applies to the extent permitted by law; and
b. Will not be broader than that which you are required by the written contract or written
agreement to provide for such additional insured.
With respect to the insurance afforded to these vendors, the following additional exclusions apply:
a. The insurance afforded the vendor does not apply to:
(1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages
by reason of the assumption of liability in a contract or agreement. This exclusion does not
apply to liability for damages that the vendor would have in the absence of the contract or
agreement;
(2) Any express warranty unauthorized by you;
(3) Any physical or chemical change in the product made intentionally by the vendor;
(4) Repackaging, except when unpacked solely for the purpose of inspection,
demonstration, testing, or the substitution of parts under instructions from the manufacturer,
and then repackaged in the original container;
(5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has
agreed to make or normally undertakes to make in the usual course of business, in
connection with the distribution or sale of the products;
(6) Demonstration, installation, servicing or repair operations, except such
operations performed at the vendor's premises in connection with the sale of the
product;
(7) Products which, after distribution or sale by you, have been labeled or relabeled or
used as a container, part or ingredient of any other thing or substance by or for the vendor;
or
(8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for
its own acts or omissions or those of its employees or anyone else acting on its behalf.
However, this exclusion does not apply to:
(a) The exceptions contained in Subparagraphs (4) or (6); or
(b) Such inspections, adjustments, tests or servicing as the vendor has agreed to
make or normally undertakes to make in the usual course of business, in connection
with the distribution or sale of the products.
b. This insurance does not apply to any insured person or organization, from whom you have acquired
such
products, or any ingredient, part or container, entering into, accompanying or containing such products.
c. This insurance does not apply to any of "your products" for which coverage is excluded
under this Coverage Part.
3. With respect to the insurance afforded to the vendor under this endorsement, the following is added
to Section III — Limits Of Insurance:
The most we will pay on behalf of the vendor is the amount of insurance:
a. Required by the written contract or written agreement referenced in Subparagraph EA.
above (of this endorsement); or
C. Available under the applicable Limits of Insurance shown in the Declarations,
whichever is less.
This Paragraph E. shall not increase the applicable Limits of Insurance shown in the Declarations.
F. Additional Insured — Managers, Lessors or Governmental Entity
1. Section 11 — Who Is An Insured is amended to include as an additional insured any person or
Attachment Code: D574904 Master ID: 1474898, Certificate ID: 17072496
organization who is a manager, lessor or governmental entity who you are required to add as an
additional insured on this policy under a written contract, written agreement or permit, but only with
respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused,
in whole or in part, by:
Your acts or omissions; or
b. The acts or omission of those acting on your behalf; and
resulting directly from:
a, Operations performed by you or on your behalf for which the state or political
subdivision has issued a permit;
b. Ownership, maintenance, occupancy or use of premises by you; or
C. Maintenance, operation or use by you of equipment leased to you by such
person or organization. However, the insurance afforded to such additional insured:
a. Only applies to the extent permitted by law; and
b. Will not be broader than that which you are required by the written contract or written
agreement to provide for such additional insured.
2. This provision does not apply:
a. Unless the written contract or written agreement has been executed, or the permit has
been issued, prior to the "bodily injury", "property damage" or offense that caused "personal
and advertising injury";
b. To any person or organization included as an insured under Paragraph 3. of Section II Who Is An Insured;
C. To any lessor of equipment if the 'occurrence" or offense takes place after the equipment
lease expires;
d. To any:
(1) Owners or other interests from whom land has been leased by you; or
(2) Managers or lessors of premises, if:
(a) The 'occurrence" or offense takes place after the expiration of the lease or
you cease to be a tenant in that premises;
(b) The "bodily injury", "property damage" or "personal and advertising injury"
arises out of the structural alterations, new construction or demolition operations
performed by or on behalf of the manager or lessor; or
(c) The premises are excluded under this Coverage Part.
3. With respect to the insurance afforded to the additional insureds under this endorsement, the
following is added to Section III — Limits Of Insurance:
The most we will pay on behalf of the additional insured is the amount of insurance:
a. Required by the written contract or written agreement referenced in Subparagraph F.I. above
(of this endorsement); or
. Available under the applicable Limits of Insurance shown in the Declarations,
whichever is less.
This Paragraph F. shall not increase the applicable Limits of Insurance shown in the Declarations.
G. Damage to Premises Rented or Occupied by You
1. The last paragraph under Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury
And Property Damage Liability is replaced by the following:
Exclusions c. through n. do not apply to damage by "specific perils" to premises while rented to you or
temporarily occupied by you with permission of the owner. A separate Damage To Premises Rented
To You Limit of Insurance applies to this coverage as described in Section III — Limits Of Insurance.
Attachment Code: D574904 Master ID: 1474898, Certificate ID: 17072496
2. Paragraph 6. of Section III — Limits Of Insurance is replaced by the following
6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we
will pay under Coverage A for damages because of "property damage" to any one premises while
rented to you, or in the case of damage by one or more "specific perils" to any one premises, while
rented to you or temporarily occupied by you with permission of the owner.
H. Broadened Contractual Liability
The "insured contract" definition under the Definitions Section is replaced by the following:
"Insured contract" means:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises
that indemnifies any person or organization for damage by "specific perils" to premises while rented to
you or temporarily occupied by you with permission of the owner is not an "insured contract';
b. A sidetrack agreement;
c. Any easement or license agreement;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with
work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to your business (including an
indemnification of a municipality in connection with work performed for a municipality) under which you
assume the tort liability of another party to pay for "bodily injury", "property damage", or "personal and
advertising injury" arising out of the offenses of false arrest, detention or imprisonment, to a third
person or organization. Tort liability means a liability that would be imposed by law in the absence of
any contract or agreement.
Paragraph f. does not include that part of any contract or agreement:
(1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions,
reports, surveys, field orders, change orders or drawings and specifications; or
(b) Giving directions or instructions, or failing to give them, if that is the primary cause of the
injury or damage; or
(2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or
damage arising out of the insured's rendering or failure to render professional services, including
those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering
activities.
I. Definition — Specific Perils
The following definition is added to the Definitions Section:
"Specific perils" means:
a. Fire;
b. Lightning;
c. Explosion;
d. Windstorm or hail;
e. Smoke;
f. Aircraft or vehicles;
g. Vandalism;
h. Weight of snow, ice or sleet;
i. Leakage from fire extinguishing equipment, including sprinklers; or
j. Accidental discharge or leakage of water or steam from any part of a system or appliance
containing water or steam.
J. Limited Contractual Liability Coverage — Personal and Advertising Injury
1. Exclusion e. of Section I — Coverage B — Personal And Advertising Injury Liability is replaced
by the following:
Attachment Code: D574904 Master ID: 1474898, Certificate ID: 17072496
Exclusions
This insurance does not apply to:
e. Contractual Liability
"Personal and advertising injury" for which the insured has assumed liability in a contract or agreement.
This exclusion does not apply to:
(1) Liability for damages that the insured would have in the absence of the contract or
agreement; or
(2) Liability for "personal and advertising injury" if:
(a) The "personal and advertising injury" arises out of the offenses of false arrest,
detention or imprisonment;
(b) The liability pertains to your business and is assumed in a written contract or
written agreement in which you assume the tort liability of another. Tort liability means
a liability that would be imposed by law in the absence of any contract or agreement;
and
(c) The "personal and advertising injury" occurs subsequent to the execution of the
written contract or written agreement.
Solely for purposes of liability so assumed in such written contract or written agreement,
reasonable attorney fees and necessary litigation expenses incurred by or for a party other
than an insured are deemed to be damages because of "personal and advertising injury"
described in Paragraph (a) above, provided:
(i) Liability to such party for, or for the cost of, that party's defense has also been
assumed in the same written contract or written agreement; and
(ii) Such attorney fees and litigation expenses are for defense of that party against a
civil or alternative dispute resolution proceeding in which damages to which this
insurance applies are alleged.
2. Paragraph 2.d. of Section I — Supplementary Payments — Coverages A and B is replaced by
the following:
d. The allegations in the "suit" and the information we know about the "occurrence" or offense are
such that no conflict appears to exist between the interests of the insured and the interests of the
indemnitee;
3. The following is added to the paragraph directly following Paragraph 2J. of Section i —
Supplementary Payments — Coverages A and B:
Notwithstanding the provisions of Paragraph 2.e.(2) of Section I — Coverage B — Personal And
Advertising Injury Liability, such payments will not be deemed to be damages for "personal and
advertising injury" and will not reduce the limits of insurance.
K. Internet and Multimedia Services
Exclusion j. of Section I — Coverage B — Personal And Advertising Injury Liability is replaced by the
following:
Exclusions
This insurance does not apply to:
j. Insureds In Media And Internet Type Businesses
"Personal and advertising injury" committed by an insured whose business is:
(1) Advertising, broadcasting, publishing or telecasting;
(2) Designing or determining content of websites for others; or
(0) An Internet search, access, content or service provider; and
arising out of goods, products or services provided by any insured to others.
Attachment Code: D574904 Master ID: 1474898, Certificate ID: 17072496
However, this exclusion does not apply to Paragraphs 14.a., b. and c. of "personal and
advertising injury" under the Definitions Section.
For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you
or others anywhere on the Internet, is not by itself, considered the business of advertising,
broadcasting, publishing or telecasting.
L. Supplementary Payments
The following changes apply to Supplementary Payments — Coverages A and B:
Paragraphs 1.b. and 1.d. are replaced by the following:
b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of
the use
of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or
defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off
from work.
M. Broadened Property Damage
1. Property Damage to Contents of Premises Rented Short -Term
The paragraph directly following Paragraph (6) in Exclusion j. of Section I — Coverage A — Bodily
Injury And Property Damage Liability is replaced by the following:
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to premises (other
than damage by "specific perils"), including "property damage" to the contents of such premises,
rented to you under a rental agreement for a period of 14 or fewer consecutive days. A separate Limit
of Insurance applies to Damage to Premises Rented to You as described in Section III — Limits Of
Insurance.
2. Elevator Property Damage
a. The following is added to Exclusion j. of Section I — Coverage A — Bodily Injury And
Property Damage Liability:
Paragraphs (3) and (4) of this exclusion do not apply to "property damage" arising out of the use
of an elevator at premises you own, rent or occupy.
b. The following is added to Section III — Limits Of Insurance:
Subject to Paragraph 5. above, the most we will pay under Coverage A for damages because of
"property damage" to property loaned to you or personal property in the care, custody or control
of the insured arising out of the use of an elevator at premises you own, rent or occupy is
$25,000 per "occurrence".
3. Property Damage to Borrowed Equipment
a. The following is added to Exclusion j. of Section I — Coverage A — Bodily Injury And
Property Damage Liability:
Paragraph (4) of this exclusion does not apply to "property damage" to equipment you borrow
from others at a jobsite.
b. The following is added to Section III — Limits Of Insurance:
Subject to Paragraph 5. above, the most we will pay under Coverage A for damages because of
"property damage" to equipment you borrow from others is $25,000 per "occurrence".
N. Expected or Intended Injury or Damage
Exclusion a. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by
the following:
a. Expected Or Intended Injury Or Damage
"Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This
exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable
Attachment Code: D574904 Master ID: 1474898, Certificate ID: 17072496
force to protect persons or property.
0. Definitions — Bodily Injury
The "bodily injury" definition under the Definitions Section is replaced by the following:
"Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental
anguish, mental injury, shock, fright or death sustained by that person which results from that bodily
injury, sickness or disease.
P. Electronic Data
Exclusion p. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by
the following:
p. Electronic Data
Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access
or inability to manipulate electronic data.
However, this exclusion does not apply to liability for damages because of "bodily injury" or
physical injury to tangible property including all resulting loss of use of that property.
As used in this exclusion, electronic data means information, facts or programs stored as or on,
created or used on, or transmitted to or from computer software (including systems and applications
software), hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other
media which are used with electronically controlled equipment.
Q. Insured Status — Amateur Athletic Participants
Section II — Who Is An Insured is amended to include as an insured any person you sponsor while
participating in amateur athletic activities. However, no such person is an insured for:
a. "Bodily injury" to:
(1) Your "employee", "volunteer worker" or any person you sponsor while participating in such
amateur athletic activities; or
(2) You, any partner or member (if you area partnership or joint venture), or any member (if you
are a limited liability company) while participating in such amateur athletic activities; or
b. "Property damage" to property owned by, occupied or used by, rented to, in the care, custody or
control of, or over which the physical control is being exercised for any purpose by:
(1) Your "employee", "volunteer worker or any person you sponsor; or
(2) You, any partner or member (if you area partnership or joint venture), or any member (if you
are a limited liability company).
R. Non -Owned Aircraft, Auto and Watercraft
Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by
the following:
g. Aircraft, Auto Or Watercraft
"Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to
others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured.
Use includes operation and "loading or unloading".
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in
the supervision, hiring, employment, training or monitoring of others by that insured, if the
"occurrence" which caused the "bodily injury" or "property damage" involved the ownership,
maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or
operated by or rented or loaned to any insured.
This exclusion does not apply to:
(1) A watercraft while ashore on premises you own or rent;
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used to carry persons for a charge;
(3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is
not owned by or rented or loaned to you or the insured;
Attachment Code: D574904 Master ID: 1474898, Certificate ID: 17072496
(4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or
watercraft;
(5) An aircraft that is hired or chartered by you or loaned to you, with a paid and licensed crew,
and is not owned in whole or in part by an insured; or
(6) "Bodily injury" or "property damage" arising out of:
(a) The operation of machinery or equipment that is attached to, or part of, a land vehicle
that would qualify under the definition of "mobile equipment" if it were not subject to a
compulsory or financial responsibility law or other motor vehicle insurance law where it is
licensed or principally garaged; or
(b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of
the definition of "mobile equipment".
S. Definitions — Leased Worker, Temporary Worker and Labor Leasing Firm
1. The 'leased worker" and "temporary worker" definitions under the Definitions Section are
replaced by the following:
"Leased worker" means a person leased to you by a 'labor leasing firm" under a written agreement
between you and the 'labor leasing firm", to perform duties related to the conduct of your business.
"Leased worker" does not include a "temporary worker".
"Temporary worker" means a person who is furnished to you to support or supplement your work force
during "employee" absences, temporary skill shortages, upturns or downturns in business or to meet
seasonal or short-term workload conditions. "Temporary worker" does not include a 'leased worker".
2. The following definition is added to the Definitions Section:
"Labor leasing firm" means any person or organization who hires out workers to others, including any:
a. Employment agency, contractor or services;
b. Professional employer organization; or
c. Temporary help service.
T. Definition — Mobile Equipment
Paragraph f. of the "mobile equipment' definition under the Definitions Section is replaced by the
following:
f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other
than the transportation of persons or cargo.
However, self-propelled vehicles with the following types of permanently attached equipment,
exceeding a
combined gross vehicle weight of 1000 pounds, are not "mobile equipment' but will be considered
"autos":
(1) Equipment designed primarily for
(a) Snow removal;
(b) Road maintenance, but not construction or resurfacing; or
(c) Street cleaning;
(2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise
or lower workers; and
(3) Air compressors, pumps and generators, including spraying, welding, building cleaning,
geophysical exploration, lighting and well servicing equipment.
U. Definitions — Your Product and Your Work
The "your product' and "your work" definitions under the Definitions Section are replaced by the following:
"Your product":
a. Means:
(1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by:
Attachment Code: D574904 Master ID: 1474898, Certificate ID: 17072496
(a) You;
(b) Others trading under your name; or
(c) A person or organization whose business or assets you have acquired; and
(2) Containers (other than vehicles), materials, parts or equipment furnished in connection with
such goods or products.
b. Includes:
(1) Warranties or representations made at any time with respect to the fitness, quality, durability,
performance, use, handling, maintenance, operation or safety of "your product"; and
(2) The providing of or failure to provide warnings or instructions.
c. Does not include vending machines or other property rented to or located for the use of others but not
sold.
"Your work":
a. Means:
(1) Work, services or operations performed by you or on your behalf; and
(2) Materials, parts or equipment furnished in connection with such work, services or operations.
b. Includes:
(1) Warranties or representations made at any time with respect to the fitness, quality, durability,
performance, use, handling, maintenance, operation or safety of "your work"; and
(2) The providing of or failure to provide warnings or instructions.
V. Priority Condition
The following paragraph is added to Section III — Limits Of Insurance:
In the event a claim is made or "suit" is brought against more than one insured seeking damages
because of "bodily injury" or "property damage" caused by the same "occurrence" or "personal and
advertising injury" caused by the same offense, we will apply the Limits of Insurance in the following
order
(a) You;
(b) Your "executive officers", partners, directors, stockholders, members, managers (if you are
a limited liability company) or "employees"; and
(c) Any other insured in any order that we choose.
W. Duties in the Event of Occurrence, Offense, Claim or Suit Condition
The following paragraphs are added to Paragraph 2. Duties In The Event Of Occurrence, Offense,
Claim Or Suit of Section IV — Commercial General Liability Conditions:
Notice of an "occurrence" or of an offense which may result in a claim under this insurance or notice of a
claim or "suit" shall be given to us as soon as practicable after knowledge of the "occurrence", offense,
claim or "suit" has been reported to any insured listed under Paragraph 1. of Section II — Who Is An
Insured or an "employee" authorized by you to give or receive such notice. Knowledge by other
"employees" of an "occurrence", offense, claim or "suit" does not imply that you also have such
knowledge.
In the event that an insured reports an "occurrence" to the workers compensation carrier of the Named
Insured and this "occurrence" later develops into a General Liability claim, covered by this Coverage Part,
the insured's failure to report such "occurrence" to us at the time of the "occurrence" shall not be deemed
to be a violation of this Condition.
You must, however, give us notice as soon as practicable after being made aware that the particular claim
is a General Liability rather than a Workers Compensation claim.
X. Other Insurance Condition
Attachment Code: D574904 Master ID: 1474898, Certificate ID: 17072496
Paragraphs 4.a. and 4.b.(1) of the Other Insurance Condition of Section IV — Commercial General
Liability Conditions are replaced by the following:
4. Other Insurance
If other valid and collectible insurance is available to the insured for a loss we cover under Coverages
A or B of this Coverage Part, our obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when Paragraph b. below applies. If this insurance is primary,
our obligations are not affected unless any of the other insurance is also primary. Then, we will
share with all that other insurance by the method described in Paragraph c. below. However, this
insurance is primary to and will not seek contribution from any other insurance available to an
additional insured provided that
(1) The additional insured is a Named Insured under such other insurance; and
(2) You are required by written contract or written agreement that this insurance be
primary and not seek contribution from any other insurance available to the additional
insured.
Other insurance includes any type of self insurance or other mechanism by which an insured
arranges for funding of its legal liabilities.
b. Excess Insurance
(1) This insurance is excess over
(a) Any of the other insurance, whether primary, excess, contingent or on any other basis:
(i) That is property insurance, Builder's Risk, Installation Risk or similar coverage for
"your work";
(ii) That is property insurance purchased by you (including any deductible or self
insurance portion thereof) to cover premises rented to you or temporarily occupied by
you with permission of the owner;
(iii) That is insurance purchased by you (including any deductible or self insurance
portion thereof) to cover your liability as a tenant for "property damage" to premises
rented to you or temporarily occupied by you with permission of the owner;
(iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to
the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And
Property Damage Liability; or
(v) That is property insurance (including any deductible or self insurance portion
thereof) purchased by you to cover damage to:
Equipment you borrow from others; or
Property loaned to you or personal property in the care, custody or control of the
insured arising out of the use of an elevator at premises you own, rent or occupy.
(b) Any other primary insurance (including any deductible or self insurance portion
thereof) available to the insured covering liability for damages arising out of the premises,
operations, products, work or services for which the insured has been granted additional
insured status either by policy provision or attachment of any endorsement. Other primary
insurance includes any type of self insurance or other mechanism by which an insured
arranges for funding of its legal liabilities.
(c) Any of the other insurance, whether primary, excess, contingent or on any other basis,
available to an additional insured, in which the additional insured on our policy is also
covered as an additional insured on another policy providing coverage for the same
"occurrence", claim or "suit". This provision does not apply to any policy in which the
additional insured is a Named Insured on such other policy and where our policy is
required by written contract or written agreement to provide coverage to the additional
insured on a primary and non-contributory basis.
Y. Unintentional Failure to Disclose All Hazards
Attachment Code: D574904 Master ID: 1474898, Certificate ID: 17072496
Paragraph 6. Representations of Section IV — Commercial General Liability Conditions is replaced by
the following:
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are accurate and complete;
b. Those statements are based upon representations you made to us; and
c. We have issued this policy in reliance upon your representations.
Coverage will continue to apply if you unintentionally:
a. Fail to disclose all hazards existing at the inception of this policy; or
b. Make an error, omission or improper description of premises or other statement of
information stated in this policy.
You must notify us as soon as possible after the discovery of any hazards or any other information that
was not provided to us prior to inception of this Coverage Part.
Z. Waiver of Right of Subrogation
Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV —
Commercial General Liability Conditions is replaced by the following:
8. Transfer Of Rights Of Recovery Against Others To Us
a. If the insured has rights to recover all or part of any payment we have made under this
Coverage Part, those rights are transferred to us. The insured must do nothing after loss to
impair them. At our request, the insured will bring "suit" or transfer those rights to us and help
us enforce them.
b. If the insured waives its right to recover payments for injury or damage from another person
or organization in a written contract executed prior to a loss, we waive any right of recovery we
may have against such person or organization because of any payment we have made under
this Coverage Part. The written contract will be considered executed when the insured's
performance begins, or when it is signed, whichever happens first. This waiver of rights shall not
be construed to be a waiver with respect to any other operations in which the insured has no
contractual interest
AA. Liberalization Condition
The following condition is added to Section IV — Commercial General Liability Conditions:
Liberalization Clause
If we revise this Coverage Part to broaden coverage without an additional premium charge, your policy
will automatically provide the additional coverage as of the day the revision is effective in the state
shown in the mailing address of your policy. All other terms and conditions of this policy remain
unchanged.
Attachment Code: D574906 Master ID: 1474898, Certificate ID: 17072496
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
POLICY NUMBER: WC5946352-12
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will
not enforce our right against the person or organization named in the Schedule. (This agreement applies
only to the extent that you perform work under a written contract that requires you to obtain this
agreement from us.)
SCHEDULE
ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN
CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE
ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS
POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION