HomeMy WebLinkAboutCOI - Phase II Systems dba PARS - Expires 2021-05-08CERTHOLDER COPY
NF
P.O. BOX 8192, PLEASANTON, CA 94588
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 05-14-2020
CITY OF GILROY NF
7351 ROSANNA ST
GILROY CA 95020-6141
GROUP:
POLICY NUMBER: 0804575-2019
CERTIFICATE ID: 883
CERTIFICATE EXPIRES: 10-14-2020
10-14-2019/10-14-2020
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy described herein is subject to all the terms. exclusions, and conditions, of such policy.
Authorized Representative President and CEO
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-14-2008 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
PYRO SPECTACULARS NORTH INC. NF
5301 LANG AVE
MCCLELLAN CA SS652
M0408
PRINTED : 05-15-2020
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�� CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIDD/YYYY)
7/31 /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
Risk Strategies Company
2040 Main Street, Suite 450
Irvine, CA 92614
CONTACT
NAME: Risk Strategies Company
PHONE 949-242-9240 FAX
A/c No):
E-MAIL
ADDRESS: S oun risk-Strate ies.Com
INSURERS AFFORDING COVERAGE
NAIC #
www.risk-strategies.com CA DOI License No. OF06675
INSURERA: Sentinel Insurance Co.
11000
INSURED
Phase II S-ystems
dba: PARS
4350 Von Karman Ave., Ste 100
Newport Beach CA 92660
INSURER B : Travelers Property Casualty Co of America
25674
INSURER C : Indian Harbor Insurance Company
36940
INSURER D :
INSURER E :
INSURER F :
VVYG1W%A"r_0 CERTIFICATE NUMBER: 56807388 REVISION N
UMBER.
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.
I�TR
TYPE OF INSURANCE
AODL
SUBR
POLICY NUMBER
POLICY EFF
IMMIDD/YYYYI
POLICY EXP
IMMIDDIYYYYILIMITS
A
✓
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE OCCUR
✓
72SBAAC2429
5/8/2020
5/8/2021
EACH OCCURRENCE
$ $2 000 000
DAMAGE TO RENTED
PREMISES Ea occurrence
$$1,000 000
MED EXP (Any one person)
$ $10 000
PERSONAL & ADV INJURY
$ $2 000 000
GEN'L
AGGREGATE LIMIT APPLIES PER:
PRO -
POLICY ✓❑ ECT [7 LOC
GENERAL AGGREGATE
$ $4,000,000
PRODUCTS - COMP/OP AGG
$ 4 OOO OOO
$
OTHER:
A
AUTOMOBILE
LIABILITY
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON -OWNED
AUTOS ONLY I,/ AUTOS ONLY
72SBAAC2429
5/8/2020
5/8/2021
COMBINED SINGLE LIMIT
_(Ea accident)-
BODILY INJURY (Per person)
-
$ $2,000,000
$
BODILY INJURY (Per accident)
$
✓
PROPERTY DAMAGE
Per accident
$
UMBRELLA LIAB
EXCESS LIAB
HCLAIMS-MADE
OCCUR
EACH OCCURRENCE
$
AGGREGATE
$
DED RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANYPROPR IETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatary In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Professional Liability
�/ STATUTE I ERH
$
B
C
NIA
U132,1193983
MPP903927901
6/1/2020
7/30/2020
6/1/2021
7/30/2021
E.L. EACH ACCIDENT
$$1,000 OOO
E.L. DISEASE - EA EMPLOYEE
$$1,000,000
E.L. DISEASE - POLICY LIMIT $ $1 00O 000
Per Claim: $3,000,000
Aggregate: $3,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required)
Projects as on file with the insured including but not limited to:
Trust Administration Services Related to PARS Post -Employment Benefits Trust.
City of Gilroy, its officers and employees are named as additional insureds and primary/non-contributory clause
applies to the general liability policy -see attached endorsement.
The above policies contain a 30-day notice provision for non -renewal and cancellation, 10-day notice for non-payment of premium.
City of Gilroy
Attn: Finance De artment
7351 Rosanna SF
Gilroy CA 95020
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 REPRESENTATIVE
Michael Christian
V 1905-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
56807388 1 20-21 CA GL-HNOA-WC-PL I Sherry Young 1 7/31/2020 8:08:52 AM (PDT) I Page 1 of 12
72SBAAC2429
BUSINESS LIABILITY COVERAGE FORM
2. Applicable To Medical Expenses Coverage
We will not pay expenses for "bodily injury":
a. Any Insured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf
of any insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of
premises you own or rent that the person
normally occupies.
d. Workers' Compensation And Similar
Laws
To a person, whether or not an
"employee" of any insured, if benefits for
the "bodily injury" are payable or must be
provided under a workers' compensation
or disability benefits law or a similar law.
e. Athletics Activities
To a person injured while practicing,
instructing or participating in any physical
exercises or games, sports or athletic
contests.
f. Products -Completed Operations Hazard
Included with the "products -completed
operations hazard".
g. Business Liability Exclusions
Excluded under Business Liability Coverage.
C. WHO IS AN INSURED
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are
insureds, but only with respect to the
conduct of a business of which you are the
sole owner.
b. A partnership or joint venture, you are an
insured. Your members, your partners, and
their spouses are also insureds, but only with
respect to the conduct of your business.
c. A limited liability company, you are an
insured. Your members are also insureds,
but only with respect to the conduct of your
business. Your managers are insureds, but
only with respect to their duties as your
managers.
d. An organization other than a partnership,
joint venture or limited liability company, you
are an insured. Your "executive officers" and
directors are insureds, but only with respect
to their duties as your officers or directors.
Your stockholders are also insureds, but only
with respect to their liability as stockholders.
e. A trust, you are an insured. Your trustees
are also insureds, but only with respect to
their duties as trustees.
2. Each of the following is also an insured:
a. Employees And Volunteer Workers
Your "volunteer workers" only while
performing duties related to the conduct of
your business, or your "employees", other
than either your "executive officers" (if you
are an organization other than a
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 are a partnership
or joint venture), to your members
(if you are a limited liability
company), or to a co -"employee"
while in the course of his or her
employment or performing duties
related to the conduct of your
business, cr to your other
"volunteer workers" while
performing duties related to the
conduct of your business;
(b) To the spouse, child, parent,
brother or sister of that co -
"employee" or that "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.
If you are not in the business of
providing professional health care
services, Paragraph (d) does not apply
to any nurse, emergency medical
technician or paramedic employed by
you to provide such services.
(2) "Property damage" to property:
(a) Owned, occupied or used by,
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BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or
b. Coverage under this provision does not
control of, or over which physical
apply to:
control is being exercised for any
(1) "Bodily injury" or "property damage"
purpose by you, any of your
that occurred; or
"employees", "volunteer workers",
any partner or member (if you are
(2) "Personal and advertising injury"
a partnership or joint venture), or
arising out of an offense committed
any member (if you are a limited
before you acquired or formed the
liability company).
organization.
b. Real Estate Manager
4. Operator Of Mobile Equipment
Any person (other than your "employee" or
With respect to "mobile equipment" registered in
"volunteer worker"), or any organization
your name under any motor vehicle registration
while acting as your real estate manager.
law, any person is an insured while driving such
c. Temporary Custodians Of Your
equipment along a public highway with your
Property
permission. Any other person or organization
Any person or organization having proper
responsible for the conduct of such person is
temporary custody of your property if you
also an insured, but only with respect to liability
die, but only:
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
(1) With respect to liability arising out of the
to that person or organization for this liability.
maintenance or use of that property; and
However, no person or organization is an insured
(2) Until your legal representative has
with respect to:
been appointed.
a. "Bodily injury" to a co -"employee" of the
d. Legal Representative If You Die
person driving the equipment; or
Your legal representative if you die, but
b. "Property damage" to property owned by,
only with respect to duties as such. That
rented to, in the charge of or occupied by
representative will have all your rights and
you or the employer of any person who is
duties under this insurance.
an insured under this provision.
e. Unnamed Subsidiary
5. Operator of Nonowned Watercraft
Any subsidiary and subsidiary thereof, of
With respect to watercraft you do not own that
yours which is a legally incorporated entity
is less than 51 feet long and is not being used
of which you own a financial interest of
to carry persons for a charge, any person is an
more than 50% of the voting stock on the
insured while operating such watercraft with
effective date of this Coverage Part.
your permission. Any other person or
The insurance afforded herein for any
organization responsible for the conduct of
subsidiary not shown in the Declarations
such person is also an insured, but only with
as a named insured does not apply to
respect to liability arising out of the operation
injury or damage with respect to which an
of the watercraft, and only if no other
insured under this insurance is also an
insurance of any kind is available to that
insured under another policy or would be
person or organization for this liability.
an insured under such policy but for its
However, no person or organization is an
termination or upon the exhaustion of its
insured with respect to:
limits of insurance.
a. "Bodily injury" to a co -"employee" of the
3. Newly Acquired Or Formed Organization
person operating the watercraft; or
Any organization you newly acquire or form,
b. "Property damage" to property owned by,
other than a partnership, joint venture or
rented to, in the charge of or occupied by
limited liability company, and over which you
you or the employer of any person who is
maintain financial interest of more than 50% of
an insured under this provision.
the voting stock, will qualify as a Named
6. Additional Insureds When Required By
Insured if there is no other similar insurance
Written Contract, Written Agreement Or
available to that organization. However:
Permit
a. Coverage under this provision is afforded
The person(s) or organization(s) identified in
only until the 180th day after you acquire
Paragraphs a. through f. below are additional
or form the organization or the end of the
insureds when you have agreed, in a written
policy period, whichever is earlier; and
Form SS 00 08 04 05 Page 11 of 24
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BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
(e) Any failure to make such
permit issued by a state or political
inspections, adjustments, tests or
subdivision, that such person or organization
servicing as the vendor has
be added as an additional insured on your
agreed to make or normally
policy, provided the injury or damage occurs
undertakes to make in the usual
subsequent to the execution of the contract or
course of business, in connection
agreement, or the issuance of the permit.
with the distribution or sale of the
A person or organization is an additional
products;
insured under this provision only for that
(f) Demonstration, installation,
period of time required by the contract,
servicing or repair operations,
agreement or permit.
except such operations performed
However, no such person or organization is an
at the vendor's premises in
additional insured under this provision if such
connection with the sale of the
person or organization is included as an
product;
additional insured by an endorsement issued
(9) Products which, after distribution
by us and made a part of this Coverage Part,
or sale by you, have been labeled
including all persons or organizations added
or relabeled or used as a
as additional insureds under the specific
container, part or ingredient of any
additional insured coverage grants in Section
other thing or substance by or for
F. — Optional Additional Insured Coverages.
the vendor; or
a. Vendors
(h) "Bodily injury" or "property
Any person(s) or organization(referred to
damage" arising out of the soles)
below as vendor), but only with respect to
negligence of the vendor for its
�
bodily injuryor property damage arising
own acts or omissions or those of
out of "your products" which are distributed
its employees or anyone else
or sold in the regular course of the vendor's
acting on its behalf. However, this
business and only if this Coverage Part
exclusion does not apply to:
provides coverage for "bodily injury" or
(i) The exceptions contained in
"property damage" included within the
Subparagraphs (d) or (f); or
"products -completed operations hazard".
(ii) Such inspections, adjustments,
(1) The insurance afforded to the vendor
tests or servicing as the vendor
is subject to the following additional
has agreed to make or normally
exclusions:
undertakes to make in the usual
This insurance does not apply to:
course of business, inconnection
with the distribution
(a) "Bodily injury" or "property
or sale of the products.
damage" for which the vendor is
obligated to pay damages by
(2) This insurance does not apply to any
reason of the assumption of
insured person or organization from
liability in a contract or agreement.
whom you have acquired such products,
This exclusion does not apply to
or any ingredient, part or container,
liability for damages that the
entering into, accompanying or
vendor would have in the absence
containing such products.
of the contract or agreement;
b. Lessors Of Equipment
(b) Any express warranty
(1) Any person or organization from
unauthorized by you;
whom you lease equipment; but only
(c) Any physical or chemical change
with respect to their liability for "bodily
in the product made intentionally
injury", "property damage" or
"personal
by the vendor;
and advertising injury"
caused, in whole or in part, by your
(d) Repackaging, except when
maintenance, operation or use of
unpacked solely for the purpose of
equipment leased to you by such
inspection, demonstration, testing,
person or organization.
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
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56807388 1 20-21 CA GL-HNOA-WC-PL I Sherry Young 1 7/31/2020 8:08:52 AM (PDT) I Page 4 of 12
BUSINESS LIABILITY COVERAGE FORM
(2)
With respect to the insurance afforded
e. Permits Issued By State Or Political
to these additional insureds, this
Subdivisions
insurance does not apply to any
"occurrence"
(1) Any state or political subdivision, but
which takes place after
only with respect to operations
you cease to lease that equipment.
performed by you or on your behalf for
c. Lessors
Of Land Or Premises
which the state or political subdivision
(1)
Any person or organization from
has issued a permit.
whom you lease land or premises, but
(2) With respect to the insurance afforded
only with respect to liability arising out
to these additional insureds, this
of the ownership, maintenance or use
insurance does not apply to:
of that part of the land or premises
(a) "Bodily injury", "property damage"
leased to you.
or "personal and advertising
(2)
With respect to the insurance afforded
injury" arising out of operations
to these additional insureds, this
performed for the state or
insurance does not apply to:
municipality; or
(a) Any "occurrence" which takes
(b) "Bodily injury" or "property damage"
place after you cease to lease that
included within the "products -
land or be a tenant in that
completed operations hazard".
premises; or
f. Any Other Party
(b) Structural alterations, new
(1) Any other person or organization who
construction or demolition
is not an insured under Paragraphs a.
operations performed by or on
behalf of such
through e. above, but only with
person or
organization.
respect to liability for "bodily injury"
"property
damage" or "personal and
d. Architects, Engineers Or Surveyors
advertising injury" caused, in whole or
(1)
Any architect, engineer, or surveyor, but
in part, by your acts or omissions or
only with respect to liability for "bodily
the acts or omissions of those acting
injury", "property damage" or "personal
on your behalf:
and advertising injury" caused, in whole
(a) In the performance of your
or in part, by your acts or omissions or
ongoing operations;
the acts or omissions of those acting on
(b) In connection with your premises
your behalf:
owned by or rented to you; or
(a) In connection with your premises;
(c) In connection with "your work" and
or
included within the "products-
(b) In the performance of your
completed operations hazard", but
ongoing operations performed by
only if
you or on your behalf.
(i) The written contract or written
(2)
With respect to the insurance afforded
agreement requires you to
to these additional insureds, the
provide such coverage to
following additional exclusion applies:
such additional insured; and
This insurance does not apply to
(ii) This Coverage Part provides
"bodily injury", "property damage" or
coverage for "bodily injury" or
"personal and advertising injury"
"property damage" included
arising out of the rendering of or the
within the "products -
failure to render any professional
completed operations hazard".
services by or for you, including:
(2) With respect to the insurance afforded
(a) The preparing, approving, or
to these additional insureds, this
failure to prepare or approve,
insurance does not apply to:
maps, shop drawings, opinions,
"Bodily injury", "property damage" or
reports, surveys, field orders,
"personal and advertising injury"
change orders, designs or
arising out of the rendering of, or the
drawings and specifications; or
failure to render, any professional
(b) Supervisory, inspection,
architectural, engineering or surveying
architectural or engineering
services, including:
activities.
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BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory, inspection,
architectural or engineering
activities.
The limits of insurance that apply to additional
insureds are described in Section D. — Limits
Of Insurance.
How this insurance applies when other
insurance is available to an additional insured
is described in the Other Insurance Condition
in Section E. — Liability And Medical Expenses
General Conditions.
No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture or limited liability
company that is not shown as a Named Insured in
the Declarations.
D. LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE
1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most
we will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
2. Aggregate Limits
The most we will pay for:
a. Damages because of "bodily injury" and
"property damage" included in the
"products -completed operations hazard" is
the Products -Completed Operations
Aggregate Limit shown in the
Declarations.
b. Damages because of all other "bodily
injury", "property damage" or "personal
and advertising injury", including medical
expenses, is the General Aggregate Limit
shown in the Declarations.
This General Aggregate Limit applies
separately to each of your "locations"
owned by or rented to you.
"Location" means premises involving the
same or connecting lots, or premises
whose connection is interrupted only by a
street, roadway or right-of-way of a
railroad.
This General Aggregate limit does not
apply to "property damage" to premises
while rented to you or temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
explosion.
3. Each Occurrence Limit
Subject to 2.a. or 2.b above, whichever
applies, the most we will pay for the sum of all
damages because of all "bodily injury",
"property damage" and medical expenses
arising out of any one 'occurrence" is the
Liability and Medical Expenses Limit shown in
the Declarations.
The most we will pay for all medical expenses
because of "bodily injury" sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.
4. Personal And Advertising Injury Limit
Subject to 2.b. above, the most we will pay for
the sum of all damages because of all
"personal and advertising injury" sustained by
any one person or organization is the Personal
and Advertising Injury Limit shown in the
Declarations.
5. Damage To Premises Rented To You Limit
The Damage To Premises Rented To You
Limit is the most we will pay under Business
Liability Coverage for damages because of
"property damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.
In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.
6. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of:
a. The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or political
subdivision; or
b. The Limits of Insurance shown in the
Declarations.
Such amount shall be a part of and not in
addition to the Limits of Insurance shown in
the Declarations and described in this Section.
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Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance under this
(1) Immediately send us copies of any
policy and any endorsements attached thereto
demands, notices, summonses or
applies to any claim or "suit", the most we will pay
legal papers received in connection
under this policy and the endorsements is the
with the claim or "suit";
single highest limit of liability of all coverages
applicable to such claim or "suit". However, this
(2) Authorize us to obtain records and
paragraph does not apply to the Medical Expenses
other information;
limit set forth in Paragraph 3. above.
(3) Cooperate with us in the investigation,
The Limits of Insurance of this Coverage Part apply
settlement of the claim or defense
"suit";
separately to each consecutive annual period and to
against the and
any remaining period of less than 12 months, starting
(4) Assist us, upon our request, in the
with the beginning of the policy
9 9 po y period shown in the
enforcement of any right against any
Declarations, unless the policy period is extended
person or organization that may be
after issuance for an additional period of less than 12
liable to the insured because of injury
months. In that case, the additional period will be
or damage to which this insurance
deemed part of the last preceding period for purposes
may also apply.
of determining the Limits of Insurance.
d. Obligations At The Insured's Own Cost
E. LIABILITY AND MEDICAL EXPENSES
No insured will, except at that insured's own
GENERAL CONDITIONS
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
1. Bankruptcy
than for first aid, without our consent.
Bankruptcy or insolvency of the insured or of
e. Additional Insured's Other Insurance
the insured's estate will not relieve us of our
If we cover a claim or "suit" under this
obligations under this Coverage Part.
Coverage Part that may also be covered
2. Duties In The Event Of Occurrence,
by other insurance available to an
Offense, Claim Or Suit
additional insured, such additional insured
a. Notice Of Occurrence Or Offense
must submit such claim or "suit" to the
You or any additional insured must see to
other insurer for defense and indemnity.
it that we are notified as soon as
However, this provision does not apply. -to
practicable of an "occurrence" or an
the extent that you have agreed in a
offense which may result in a claim. To
written contract, written agreement or
the extent possible, notice should include:
permit that this insurance is primary and
(1 ) How, when and where the "occurrence"
non-contributory with the additional
or offense took place;
insured's own insurance.
(2) The names and addresses of any
f. Knowledge Of An Occurrence, Offense,
injured persons and witnesses; and
Claim Or Suit
(3) The nature and location of any injury
Paragraphs a. and b. apply to you or toany
or damage arising out of the
additional insured only when such
"occurrence",
"occurrence" or offense.
offense, claim or "suit" is
known to:
b. Notice Of Claim
(1) You or any additional insured that is
If a claim is made or "suit" is brought
an individual;
against any insured, you or any additional
(2) Any partner, if you or an additional
insured must:
insured is a partnership;
(1) Immediately record the specifics of the
"suit"
(3) Any manager, if you or an additional
claim or and the date received;
insured is a limited liability company;
and
(2} Notify us as soon as practicable.
(4) Any "executive officer" or insurance
manager, if you or an additional
You or any additional insured must see to
insured is a corporation;
it that we receive a written notice of the
"suit"
(5) Any trustee, if you or an additional
claim or as soon as practicable.
insured is a trust; or
c. Assistance And Cooperation Of The
(6) Any elected or appointed official, if you
Insured
or an additional insured is a political
You and any other involved insured must:
subdivision or public entity.
Form SS 00 08 04 05 Page 15 of 24
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BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to
you and any additional insured.
3. Financial Responsibility Laws
a. When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law, the insurance
provided by the policy for "bodily injury"
liability and "property damage" liability will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b. With respect to "mobile equipment" to
which this insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorists, no-fault or other
coverage required by any motor vehicle
law. We will provide the required limits for
those coverages.
4. Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured; or
b. To sue us on this Coverage Form unless
all of its terms have been fully complied
with.
A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this insurance or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimant's legal representative.
5. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned
in this policy to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
a claim is made or "suit" is brought.
6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
(1) The statements in the Declarations
are accurate and complete;
(2) Those statements are based upon
representations you made to us; and
(3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.
7. Other Insurance
If other valid and collectible insurance is
available for a loss we cover under this
Coverage Part, our obligations are limited as
follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excess Insurance
This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
(1) Your Work
That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission of the owner;
(3) Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
"property damage" to premises rented
to you or temporarily occupied by you
with permission of the owner;
(4) Aircraft, Auto Or Watercraft
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 A. — Coverages.
(5) Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property
damage" to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion k. of Section A. —
Coverages.
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Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(6) When You Are Added As An
Additional Insured To Other
.Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
(7) When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.
However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
(a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
(b) Primary And Non -Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured's own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.
Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured.
When this insurance is excess, we will
have no duty under this Coverage Part to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to do
so, but we will be entitled to the insured's
rights against all those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self -
insured amounts under all that other
insurance.
We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
C. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer's share is based on the ratio of -As
s
applicable limit of insurance to the total
applicable limits of insurance of all insurers.
8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, 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. This condition does not
apply to Medical Expenses Coverage.
b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.
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Page 17 of 24
BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED
3. Additional Insured - Grantor Of Franchise
COVERAGES
WHO IS AN INSURED under Section C. is
If listed or shown as applicable in the Declarations,
amended to include as an additional insured
one or more of the following Optional Additional
the person(s) or organization(s) shown in the
Insured Coverages also apply. When any of these
Declarations as an Additional Insured -
Optional Additional Insured Coverages apply,
Grantor Of Franchise, but only with respect to
Paragraph 6. (Additional Insureds When Required
their liability as grantor of franchise to you.
by Written Contract, Written Agreement or Permit)
4. Additional Insured - Lessor Of Leased
of Section C., Who Is An Insured, does not apply
Equipment
to the person or organization shown in the
a. WHO IS AN INSURED under Section C. is
Declarations. These coverages are subject to the
amended to include as an additional
terms and conditions applicable to Business
Liability Coverage in this policy, except as
insured the person(s) or organization(s)
provided below:
shown in the Declarations as an Additional
Insured — Lessor of Leased Equipment,
1. Additional Insured - Designated Person Or
but only with respect to liability for "bodily
Organization
injury", "property damage" or "personal
WHO IS AN INSURED under Section C. is
and advertising injury" caused, in whole or
amended to include as an additional insured
in part, by your maintenance, operation or
the person(s) or organization(s) shown in the
use of equipment leased to you by such
Declarations, but only with respect to liability
person(s) or organization(s).
for "bodily injury", "property damage" or
b. With respect to the insurance afforded to
"personal and advertising injury" caused, in
these additional insureds, this insurance
whole or in part, by your acts or omissions or
does not apply to any 'occurrence" which
the acts or omissions of those acting on your
takes place after you cease to lease that
behalf:
equipment.
a. In the performance of your ongoing
5. Additional Insured - Owners Or Other
operations; or
Interests From Whom Land Has Been
b. In connection with your premises owned
Leased
by or rented to you.
a. WHO IS AN INSURED under Section C. is
2. Additional Insured - Managers Or Lessors
amended to include as an additional
Of Premises
insured the person(s) or organization(s)
a. WHO IS AN INSURED under Section C. is
shown in the Declarations as an Additional
amended to include as an additional insured
Insured — Owners Or Other Interests FromWhom
the person(s) or organization(s) shown in the
Land Has Been Leased, but only
Declarations as an Additional Insured -
with respect to liability arising out of the
Designated Person Or Organization; but only
ownership, maintenance or use of that part
with respect to liability arising out of the
of the land leased to you and shown in the
ownership, maintenance or use of that part of
Declarations.
the premises leased to you and shown in the
b• With respect to the insurance afforded to
Declarations.
these additional insureds, the following
b. With respect to the insurance afforded to
additional exclusions apply:
these additional insureds, the following
This insurance does not apply to:
additional exclusions apply:
(1) Any "occurrence" that takes place
This insurance does not apply to:
after you cease to lease that land; or
(1) Any 'occurrence" which takes place
(2) Structural alterations, new
after you cease to be a tenant in that
construction or demolition operations
premises; or
performed by or on behalf of such
(2) Structural alterations, new
person or organization.
construction or demolition operations
6. Additional Insured - State Or Political
performed by or on behalf of such
Subdivision — Permits
person or organization.
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
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BUSINESS LIABILITY COVERAGE FORM
Insured — State Or Political Subdivision -
'but
(e) Any failure to make such
Permits, only with respect to
inspections, adjustments, tests or
operations performed by you or on your
servicing as the vendor has agreed
behalf for which the state or political
to make or normally undertakes to
subdivision has issued a permit.
make in the usual course of
b. With respect to the insurance afforded to
business, in connection with the
these additional insureds, the following
distribution or sale of the products;
additional exclusions apply:
(f) Demonstration, installation,
This insurance does not apply to:
servicing or repair operations,
(1) "Bodily injury", "property damage" or
except such operations performed
"personal and advertising injury"
at the vendor's premises in
arising out of operations performed for
connection with the sale of the
the state or municipality; or
product;
(2) "Bodily injury" or "property damage"
(g) Products which, after distribution
included in the "product -completed
or sale by you, have been labeled
operations" hazard.
or relabeled or used as a
container, part or ingredient of any
7. Additional Insured —Vendors
other thing or substance by or for
a. WHO IS AN INSURED under Section C. is
the vendor; or
amended to include as an additional
(h) "Bodily injury" or "property
insured the person(s) or organization(s)
damage" arising out of the sole
(referred to below as vendor) shown in the
negligence of the vendor for its
Declarations as an Additional Insured -
own acts or omissions or those of
Vendor, but only with respect to "bodily
its employees or anyone else
injury" or "property damage" arising out of
acting on its behalf. However, this
"your products" which are distributed or
exclusion does not apply to:
sold in the regular course of the vendor's
business and only if this Coverage Part
(i) The exceptions contained in
provides coverage for "bodily injury" or
Subparagraphs (d) or (f); or_ ,
"property damage" included within the
(ii) Such inspections,
"products -completed operations hazard".
adjustments, tests or servicing
b. The insurance afforded to the vendor is
as the vendor has agreed to
subject to the following additional exclusions:
make or normally undertakesto
make in the usual course of
(1) This insurance does not apply to:
business, in connection with
(a) "Bodily injury" or "property
the distribution or sale of the
damage" for which the vendor is
products.
obligated to pay damages by
(2) This insurance does not apply to any
reason of the assumption of
insured person or organization from
liability in a contract or agreement.
whom you have acquired such
This exclusion does not apply to
products, or any ingredient, part or
liability for damages that the
container, entering into,
vendor would have in the absence
accompanying or containing such
of the contract or agreement;
products.
(b) Any express warranty 8.
Additional Insured — Controlling Interest
unauthorized by you;
WHO IS AN INSURED under Section C. is
(c) Any physical or chemical change
amended to include as an additional insured
in the product made intentionally
the person(s) or organization(s) shown in the
by the vendor;
Declarations as an Additional Insured —
(d) Repackaging, unless unpacked
Controlling Interest, but only with respect to
solely for the purpose of inspection,
their liability arising out of:
demonstration, testing, or the
a. Their financial control of you; or
substitution of parts under
instructions from the manufacturer,
b. Premises they own, maintain or control
and then repackaged in the original
while you lease or occupy these premises.
container;
Form SS 00 08 04 05
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BUSINESS LIABILITY COVERAGE FORM
This insurance does not apply to structural
The limits of insurance that apply to additional
alterations, new construction and demolition
insureds are described in Section D. — Limits Of
operations performed by or for that person or
Insurance.
organization.
How this insurance applies when other insurance
9. Additional Insured — Owners, Lessees Or
is available to an additional insured is described in
Contractors — Scheduled Person Or
the Other Insurance Condition in Section E. —
Organization
Liability And Medical Expenses General
a. WHO IS AN INSURED under Section C. is
Conditions.
amended to include as an additional
G. LIABILITY AND MEDICAL EXPENSES
insured the person(s) or organization(s)
DEFINITIONS
shown in the Declarations as an Additional
Insured — Owner, Lessees Or Contractors,
1. "Advertisement" means the widespread public
but only with respect to liability for "bodily
dissemination of information or images that
injury", to damage" or "personal
has the purpose of inducing the sale of goods,
and advertising injury" caused, in whole or
products or services through:
in part, by your acts or omissions or the
a. (1) Radio;
acts or omissions of those acting on your
(2) Television;
behalf:
(1) In the performance of your ongoing
) Billboard;
((3)
operations for the additional
Magazine;
insured(s); or
(5) Newspaper;
(2) In connection with "your work"
b. The Internet, but only that part of a web
performed for that additional insured
site that is about goods, products or
and included within the "products-
services for the purposes of inducing the
completed operations hazard", but
sale of goods, products or services; or
only if this Coverage Part provides
c. Any other publication that is given
coverage for "bodily injury" or
widespread public distribution.
"property damage" included within the
However, "advertisement" does not include:
products -completed operations
hazard".
a. The design, printed material, information
b. With respect to the insurance afforded to
or images contained in, on or upon the
these additional insureds, this insurance
packaging or labeling of any goods or
products; or
does not apply to "bodily injury", "property
damage" or "personal an advertising
b. An interactive conversation between or
injury" arising out of the rendering of, or
among persons through a computer network.
the failure to render, any professional
2. "Advertising idea" means any idea for an
architectural, engineering or surveying
"advertisement".
services, including:
3. "Asbestos hazard" means an exposure or
(1) The preparing, approving, or failure to
threat of exposure to the actual or alleged
prepare or approve, maps, shop
properties of asbestos and includes the mere
drawings, opinions, reports, surveys,
presence of asbestos in any form.
field orders, change orders, designs or
4. "Auto" means a land motor vehicle, trailer or
drawings and specifications; or
semi -trailer designed for travel on public
(2) Supervisory, inspection, architectural
roads, including any attached machinery or
or engineering activities.
equipment. But "auto" does not include
10. Additional Insured — Co -Owner Of Insured
"mobile equipment".
Premises
5. "Bodily injury" means physical:
WHO IS AN INSURED under Section C. is
a. Injury;
amended to include as an additional insured
b. Sickness; or
the person(s) or Organization(s) shown in the
Declarations as an Additional Insured — Co -
c. Disease
Owner Of Insured Premises, but only with
sustained by a person and, if arising out of the
respect to their liability as co-owner of the
above, mental anguish or death at any time.
premises shown in the Declarations.
6. "Coverage territory" means:
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