HomeMy WebLinkAboutCOI - Central Council of the Italian Catholic Federation - Expires 2022-09-15Ps26MUM2
AC'OM0 CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDDIYYYY)
09/17/2021
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 poliey(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 LIC #OB29370 1-925-244-7700
Edgewood Partners Insurance Centers (EPIC)
[San Mateo - Branch ID 14605]
P.O. BOX 5003
CONTACT Certificates Department
PHONE 925-244-7700 FAX 925-901-0671
AJc No
):E-MAIL
ADDRESS: EPICcerts@epicbrokere.com
INSURERS AFFORDING COVERAGE
NAIC 0
INSURERA:AMMARD INS CO
42390
San Ramon, CA 94583
INSURED
Central Council of the Italian Catholic Federation
INSURER B
INSURER C
INSURERD:
8393 Capwell Drive #110
INSURER E :
INSURERF:
Oakland, CA 94621
COVERAGES CERTIFICATE NUMBER: 63224851 REVISION NUMBER:
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.
ILTRR
TYPE OF INSURANCE
DL
SUSR
POLICY NUMBER
RMOU�pY EFF
t10MILDI �Y EXP
LIMITS
A
X
COMMERCLALGENERAL LIABILITY
CLAIMS -MADE a OCCUR
X
X
ClGPl01291
09/15/21
09/15/22
EACH OCCURRENCE
$ 1,000,000
DAMAGE TO RENTED
PREMISES Meoxurrence
E 11000,000
MED EXP (Any one person)
$ 20,000
PERSONAL 6 ADV INJURY
t 1,000,000
GEN%AGGREGATE LIMIT APPLIES PER:
POLICY PRO- LOC
JECT
GENERAL AGGREGATE
$ 3,000,000
PRODUCTS - COMPIOP AGG
$ 3,000,000
$
OTHER:
A
AUTOMOBILE
LIABILITY
C2GP101012
09 / 15 / 21
09 / 15 / 22
COMBINED SINGLE LIMIT
Ea accident
E
1,000,000
BODILY INJURY (Per person)
$
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY (Per accident)
$
X
NON -OWNED
HIRED Ix
AUTOS ONLY AUTOS ONLY
PROPERTY DAMAGE
Per accident
$
a
A
X
UMBRELLALL49
X
OCCUR
C3GP100548
09/15/21
09/15/22
EACH OCCURRENCE
S 2,000,000
AGGREGATE
$ 2,000,000
EXCESS LIAR
CLAIMS -MADE
DED X RETENTIONS 10,000
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICERIMEMBER EXCLUDED? F-1
NIA
PER OTH-
STATUTE I ER
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
E
(Mandatory in NH)
H yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
E
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
The City of Gilroy is included as Additional Insured applicable to the General Liability per attached endorsement, as
required by written contract with respects to the insuredle operations, programs and activities during the use of the
facilities at Las Animas Park by Branch #28-Gilroy.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Las Animas Park
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
c/o City of Gilroy
ACCORDANCE WITH THE POLICY PROVISIONS.
7351 Rosanna Street
AUTHORIZED REPRESENTATIVE
Gilroy, CA 95020
USA
ACORD 25 (2016103)
SHo-amo
63224851
01988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
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POLICY NUMBER: C1 GP101291
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. i
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SOCIAL SERVICES GENERAL LIABILITY ENHANCEMENT
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ENDORSEMENT
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It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the
indicated loss exposures are provided under this policy. If such specific coverage applies, the terms, conditions, and
limits of that coverage are the sole and exclusive coverage applicable under this policy.
Throughout this endorsement the words "you" and "your" refer to the "Named Insured" shown in the Declarations. The
words "we", "us", and "our" refer to the "Company" providing this insurance.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
The following is a summary of the Limits of Insurance and Additional Coverage provided by this endorsement. For
complete details on specific coverages, consult the policy contract wording.
A) Medical Payments — Limit increased to $20,000 and Extended Reporting Period 3 Years
B) Supplementary Payments — Bail bonds increased to $5,000/ Loss of Earnings increased to $1,000 each
day
C) Legal Liability Extension — For fire, lightning, explosion, smoke, and leaks from sprinklers limit increased
to $1,000,000
D) Broadened definition of Who is an Insured
E) Knowledge or Notice of Occurrence
F) Broadened definition of Advertising Injury includes televised or videotaped publication
G) Amended definition of Bodily Injury to include mental anguish
H) Amended Unintentional Failure to Disclose Hazards
1) Amended Liberalization Clause
J) Property Damage — Removal of exclusion for "Property Damage" resulting from the use of reasonable
force to protect persons or property
K) Premises Sold or Abandoned by You
L) Blanket Additional Insured - Funding sources
M) Blanket Additional Insured - Managers or lessors of premises
N) Blanket Additional Insured with Primary and Non -Contributory Wording— By Contract, Agreement or Permit
0) General Aggregate Limit Per Location
P) Blanket Special Events Coverage
Q) Non -Owned Watercraft Coverage - Length is increased to 65 feet
R) Blanket Waiver of Subrogation
S) Waiver of Immunity
T) Violation of Rights of Residents Coverage (Patient's Rights)
U) Liquor Liability Exception to Exclusion
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V) Notice of Cancellation Provided By Us to Third Party o
W) Limited Rental Lease Agreement Contractual Liability
X) HIPPA
Y) Key & Lock Replacement — Janitorial Services Client Coverage oe
Oro
Z) Damage to Property You Own, Rent or Occupy z
AA) Personal and Advertising Injury — Abuse of Process, Discrimination w
BB) Duties in the Event of Occurrence, Claim or Suite
CC) Employee Criminal Defense Costs Only Coverage - $25,000 limit of insurance — each "criminal proceeding"
A) MEDICAL PAYMENTS
If Medical Payments Coverage (Coverage C) is not
otherwise excluded from this coverage part:
1) The Medical Expense Limit is increased, subject
to all the terms of Limits of Insurance (Section 111)
to $20,000
2) The requirement in the Insuring Agreement of
Coverage C, that expenses must be incurred and
reported to us within "one year" of the accident
date is changed to "three years."
3) Exclusion of Coverage, at your option, does not
apply to your "volunteer workers" or any person
or organization under your direct supervision and
control.
B) SUPPLEMENTARY PAYMENTS - COVERAGES
A AND B:
1) The limit for the cost of bail bonds is changed
from $250 to $3,000
2) The limit for loss of earnings is changed from
$250 per day to $1,000 per day.
C) LEGAL LIABILITY EXTENSION — FIRE,
LIGHTNING, EXPLOSION, SMOKE, AND
LEAKS FROM SPRINKLERS
1. The last paragraph of Section 1— Coverage A
— 2. Exclusions, is deleted and replaced by
the following:
Exclusions c. through n. does not apply to:
a. damage by fire, lightning, explosion,
smoke or leaks from automatic fire
protective systems; and
b. damage caused by a resident;
to premises rented to you or temporarily
occupied by you with the permission of the
owner.
A separate limit of insurance applies to this
coverage as described in Section III — Limits
of Insurance.
2. Paragraph 6. of Section III — Limits of
Insurance is deleted and replaced by the
following:
6. Subject to Paragraph S. above, the Damage
To Premises Rented To You Limit is the
most we will pay under COVERAGE A for
damages because of "property damage":
a. resulting from fire, lightning,
explosion, smoke or leaks from
automatic fire protective systems, or
any combination thereof; and
b. caused by a resident;
to premises, rented to you or temporarily
occupied by you with the permission of the
owner.
Damage To Premises Rented To You
Limit is the greater of:
a. $1,000,000 for damages due to fire,
lightning, explosion, smoke or leaks
from automatic fire protective
systems, or any combination there of;
or
b. The Damage To Premises Rented To
You Limit shown in the Declarations.
D) WHO IS AN INSURED
Paragraph 2. of Section II — Who Is An Insured is
deleted and replaced by the following:
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2. Each of the following is also an insured, but
only while working within the scope of their
duties related to the conduct of your business;
a. "Employees",
b. "Volunteer Workers";
c. Independent Contractors
However, no "employees", "volunteer workers"
or independent contractors 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), to a co -"employee"
while in the course of his or her
employment or performing duties
related to the conduct of your
business, or to your other
"volunteer workers" or independent
contractors while performing duties
related to the conduct of your
business;
(b) To the spouse, child, parent,
brother or sister of that co -
"employee", "volunteer worker" or
independent contractors 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.
(2) "Property damage" to property:
(a) Owned, occupied or used by,
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by
you, any of your "employees",
"volunteer workers", independent
contractors, any partner or member (if
you are a partnership or joint venture),
GL108020119
or any member (if you are a limited
liability company).
d. Medical directors and administrators,
including professional persons;
e. If you are an organization other than a
partnership or joint venture, your managers
and supervisors are also insureds, but only
with respect to their duties as your
managers and supervisors;
f. If you are a limited liability company, your
members are insureds, but only with
respect to their duties related to the conduct
of your business;
g. Any organization and subsidiary thereof
which you control and actively manage on
the effective date of this endorsement;
h. Any person or organization that has
financial control of you or owns, maintains
or controls premises occupied by you and
requires you to name them as an additional
insured but only with respect to their liability
arising out of:
(1) Their financial control of you; or
(2) Premises they own maintain or
control while you lease or occupy
these premises.
This insurance does not apply to structural
alterations, new construction and demolition
operations performed by or for that person or
organization.
i. Any State or Political Subdivision subject to
the following provision:
This insurance applies only with respect to
the following hazards for which the state or
political subdivision has issued a permit in
connection with premises you own, rent, or
control and to which this insurance applies:
(1) The existence, maintenance, repair,
construction, erection, or removal of
advertising signs, awnings, canopies,
cellar entrances, coal holes, driveways,
manholes, marquees, hoist away
openings, sidewalk vaults, street
banners, or decorations and similar
exposures; or
(2) The construction, erection, or removal
of elevators; or
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(3) The ownership, maintenance, or use of
this insurance be primary or you request
i
any elevators covered by this
that it apply on a primary basis.
insurance.
Paragraph 3.a. of Section II — Who Is An Insured
However, the insurance afforded for any
is deleted and replaced by the following:
n
organization and subsidiary thereof not
a. Coverage under this provision is, subject to
named in the Declarations as a Named
(1) and (2) below:
w
Insured, does not apply to injury or damage
with respect to which an insured under this
(1) Effective on the acquisition or formation
endorsement is also an insured under
date; and
another policy, or would be an insured under
(2) Afforded only until the end of the policy
such policy but for its termination or the
period of this Coverage Part or the next
exhaustion of its limits of insurance.
anniversary of its inception date,
J. Students in training, but not for "bodily
whichever is earlier.
injury" or "property damage" arising out of
his or her rendering or failure to render
E) KNOWLEDGE OR NOTICE OF OCCURRENCE
professional services to patients;
1) As it relates to any loss reporting
k. Your members but only with respect to
requirements under this policy, it is
their liability for your activities or activities
understood and agreed that knowledge of an
they perform on your behalf;
"occurrence" by an agent, servant or
I. Your trustees or members of the board of
"employee" of yours or any other person shall
governors while acting within the scope of
not in itself constitute knowledge by you,
their duties as such on your behalf;
unless a corporate officer of yours shall have
m. Any entity you are required in a written
received notice from said agent, servant,
contract (hereinafter called Additional
"employee" or any other person.
Insured) to name as an insured is an
2) Your failure to give first report of a claim to us
insured but only with respect to liability
shall not invalidate coverage under this policy
arising out of your premises, "your work" for
if the loss was inadvertently reported to
the Additional Insured, or acts or omissions
another insurer. However, you shall report
of the Additional Insured in connection with
any such "Occurrence" to us within a
the general supervision of "your work" to the
reasonable time once you become aware of
extent set forth below:
such error.
Insurance does not apply to "bodily injury,"
"property damage" or "personal and
F) ADVERTISING INJURY — TELEVISED OR
advertising injury" arising out of the
VIDEOTAPED PUBLICATION
rendering or failure to render any
professional services by or for you,
1) The definition of "Personal and Advertising
including:
Injury" items 14. d., e., f. and g. are changed
to read: "Personal and Advertising Injury"
(1) The preparing, approving, or failing to
means injury, including consequential "bodily
prepare or approve, maps, shop
injury", arising out of one or more of the
drawings, opinions, reports, surveys,
following offenses:
field orders, change orders, or
drawings and specifications; and
d. Oral, written, televised, or videotaped
publication of material that slanders or
(2) Supervisors, inspection, or
libels a person or organization or
engineering services.
disparages a person's or organization's
Any coverage provided under this
goods, products, or services;
provision shall be excess over any other
e. Oral, written, televised, or videotaped
valid and collectible insurance available to
publication of material that violates a
the Additional Insured(s) whether primary,
person's right of privacy;
excess, contingent or on any other basis
unless a contract specifically requires that
f. Misappropriation of advertising ideas or
style of doing business; or
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g. Infringement of copyright, title, or slogan.
2) Exclusions b. and c. of Coverage B., Personal
and Advertising Injury Liability, are changed to
read:
b. "Personal and advertising injury" arising
out of oral, written, televised, or
videotaped publication of material, if done
by or at the direction of the insured with
knowledge of its falsity;
c. "Personal and advertising injury" arising
out of oral, written, televised, or
videotaped publication of material whose
first publication took place before the
beginning of the policy period.
G) BODILY INJURY — MENTAL ANGUISH
The definition of "bodily injury" is changed to read:
"Bodily Injury" means:
a. Bodily injury, sickness, or disease
sustained by a person, and includes mental
anguish resulting from any of these; and
b. Except for mental anguish, includes death
resulting from the foregoing (item above) at
any time.
H) UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS
It is agreed that, based on our reliance on your
representations as to existing hazards, if you
should unintentionally fail to disclose all such
hazards prior to the beginning of the policy period
of this Coverage Part, we shall not deny coverage
under this Coverage Part because of such failure.
1) LIBERALIZATION
If we adopt a change in our forms or rules which
would broaden your coverage without an
additional premium charge, your policy will
automatically provide the additional coverages as
of the date the revision is effective in your state.
J) EXTENDED "PROPERTY DAMAGE"
SECTION I — Coverages, Coverage A, 2.
Exclusions, a. is deleted and replaced by the
following:
a. Expected or Intended Injury
"Bodily Injury" or "Property Damage" expected or
intended from the standpoint of the insured. This
exclusion does not apply to "bodily injury" or
"property damage" resulting from the use of
reasonable force to protect persons or property.
K) PREMISES SOLD OR ABANDONED BY YOU
SECTION I — Coverages, Coverage A., 2.
Exclusions, j. (2) is deleted and replaced by the
following:
(2) Premises you sell, give away, or abandon, if
the "property damage" arises out of any part of
those premises, and occurred from hazards
that were known by you or should have
reasonably been known by you, at the time the
property was transferred or abandoned.
L) ADDITIONAL INSURED — FUNDING SOURCE
Under SECTION II — Who is an Insured, the
following is added:
Any person or organization with respect to their
liability arising out of:
a. Their financial control of you; or
b. Premises they own, maintain, or control while
you lease or occupy these premises.
This insurance does not apply to structural
alterations, new construction, and demolition
operations performed by or for that person or
organization.
M) ADDITIONAL INSURED — MANAGERS OR
LESSORS OF PREMISES Under SECTION II —
Who is an Insured, the following is added:
Any person or organization with respect to their
liability arising out of the ownership, maintenance,
or use of that part of the premises leased to you,
subject to the following additional exclusions:
This insurance does not apply to:
a. Any "occurrence" which takes place after you
cease to be a tenant in that premises.
b. Structural alteration, new construction, or
demolition operations performed by or on
behalf of that person or organization.
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N) BLANKET ADDITIONAL INSURED WITH
PRIMARY AND NON-CONTRIBUTORY
WORDING - BY CONTRACT, AGREEMENT OR
PERMIT
1) Any person or organization is an insured with
whom you are required to add as an additional
insured to this policy by a written contract or
written agreement, or permit that is:
a) currently in effect or becoming effective
during the term of this policy; and
b) executed prior to the "bodily injury,"
"property damage," "personal and
advertising injury.
2) This insurance provided to the additional
insured by this endorsement applies as
follows:
a) That person or organization is only an
additional insured with respect to liability
caused by your negligent acts or
omissions at or from:
(1) Premises you own, rent, lease, or
occupy, or
(2) Your ongoing operations performed
for the additional insured at the job
indicated by written contract or
written agreement.
b) The limits of insurance applicable to the
additional insured are those specified in
the written contract or written agreement
or in the Declarations of this policy,
whichever is less. These limits of
insurance are inclusive of and not in
addition to the limits of insurance shown
in the Declarations.
3) With respect to the insurance afforded these
additional insureds, the following additional
exclusions apply:
a) This insurance does not apply to "bodily
injury" or "property damage" occurring
after:
(1) all work, including materials, parts or
equipment furnished in connection
with such work, on the project (other
than service, maintenance or repairs)
to be performed by or on behalf of the
additional insured(s) at the site of the
covered operations has been
completed; or
(2) that portion of "your work" out of
which the injury or damage arises has
been put to its intended use by any
person or organization other than
another contractor or subcontractor
engaged in performing operations on
or at the same project.
b) This insurance does not apply to "bodily
injury," "property damage," "personal and
advertising injury' caused by the rendering
of or failure to render any professional
services.
4) Regardless of whether other insurance is
available to an additional insured on a primary
basis, this insurance will be primary and
noncontributory if a written contract between
you and the additional insured specifically
requires that this insurance be primary.
0) GENERAL AGGREGATE LIMIT PER LOCATION
SECTION III — Limits of Insurance, paragraph 2. is
deleted and replaced by the following:
2. The most we will pay for all damages and
medical expenses combined attributable to
ongoing operations at any and all locations,
regardless of the number of locations, insureds,
claims made, "suits" brought, or persons or
organizations making claims or bringing "suits"
is a Maximum General Policy Aggregate Limit
equal to $10,000,000.
P) BLANKET SPECIAL EVENTS
This insurance applies to "Bodily Injury,"
"Property Damage," and "Personal and
Advertising Injury" arising out of all special
events hosted or operated by the named
insured. However, this insurance does not
apply to the following EXCLUDED EVENTS:
a) Parades
b) Aircraft
c) Motorcycle runs and automobile rallies
d) Fireworks
e) Firearms
f) Animals other than domesticated household
pets
g) Carnivals and fairs with mechanical rides
h) Concerts
i) Events including contact sports
j) Rodeos
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k) Political rallies
1) Any event lasting more than three (3) days
(including otherwise acceptable events) T)
m) Any event with greater than 1,000 people in
attendance (including otherwise acceptable
events)
Separate coverage may be available at the
company's discretion for the events excluded
above. Possible additional charges may apply if
coverage is provided.
0) NON -OWNED WATERCRAFT
SECTION I — Coverages. 2. Exclusions,
paragraph g.(2) is deleted and replaced by the
following:
(2) A watercraft you do not own that is:
(a) Less than 65 feet long, and
(b) Not being used to carry persons or
property for a charge;
This provision applies to any person, who with
your consent, either uses or is responsible for
the use of a watercraft.
This insurance is excess over any other valid
and collectible insurance available to the
insured whether primary, excess, or
contingent.
R) BLANKET WAIVER OF SUBROGATION
We will waive our rights of recovery to any
person or organization with whom you are
required by a written contract, written
agreement, or permit that is:
a) currently in effect or becoming effective
during the term of this policy; and
b) executed prior to the "bodily injury,"
"property damage," "personal and
advertising injury.
S) WAIVER OF IMMUNITY
We will waive, both in the adjustment of claims
and in defense of "suits" against the insured, any
charitable or governmental immunity of the
insured, unless the insured requests, in writing,
that we not do so.
Waiver of immunity, as a defense, will not subject
us to liability for any portion of a claim or
judgment, in excess, of the applicable limit of
insurance.
VIOLATION OF RIGHTS OF RESIDENTS
(PATIENT'S RIGHTS)
1) The following is added to Section I —
Coverages — Coverage A, paragraph 1.
Insuring Agreement: "Bodily Injury"
damages arising out of the violation of
"Rights of Residents," shall be deemed
an "occurrence."
2) As it relates to coverage provided in
paragraph A.1. of this endorsement, the
following exclusions are added to Section I —
Coverages — Coverage A-2. Exclusions:
This insurance does not apply to:
a) Liability arising out of the willful or
intentional violation of "Rights of
Residents."
b) Fines or penalties assessed by a court or
regulatory authority.
c) Liability arising out of any act or
omission in the furnishing, or failure to
furnish, professional services in the
medical treatment of "residents."
3) As it relates to the violation of "Rights of
Residents" Coverage, the following
definition is added to Section V —
Definitions:
"Rights of residents" means:
a. Any right granted to a resident under any
state law regulating your business as a
health care facility.
b. The "Rights of Residents" as included in
the United States Department of Health
and Welfare regulations governing
participation of Intermediate Care
Facilities and Skilled Nursing Facilities,
regardless of whether your facility is
subject to those regulations.
U. LIQUOR LIABILITY EXCLUSION — EXCEPTION
FOR SPECIAL EVENTS
SECTION I — Coverages, Coverage A., 2.
Exclusions, c. is amended by adding the
following subparagraph:
This exclusion does not apply to "bodily
injury" or "property damage" arising out of
the selling, serving or furnishing of
alcoholic beverages at any special
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events that are hosted or operated by the
named insured.
V. NOTICE OF CANCELLATION PROVIDED BY US
TO THIRD PARTY
If this policy is cancelled by us we will send notice
to the Named Insured and any party listed on file.
We must be provided with each parry's name,
address and number of days' notice.
We will provide the number of days' notice shown
on file for any statutorily permitted reason other
than non-payment of premium.
W. LIMITED RENTAL LEASE AGREEMENT
CONTRACTUAL LIABILITY SECTION I —
COVERAGES, COVERAGE A. BODILY
INJURY AND PROPERTY DAMAGE
LIABILITY, Subsection 2. Exclusions,
Paragraph b. Contractual Liability is amended to
include the following:
(3) Based on the named insured's request at the
time of claim, we agree to indemnify the
named insured for their liability assumed in a
contract or agreement regarding the rental or
lease of a premises on behalf of their client,
up to $50,000. This coverage extension only
applies to rental lease agreements. This
coverage is excess over any renter's liability
insurance of the client.
X. HIPPA
SECTION 1 — COVERAGES, COVERAGE B
PERSONAL AND ADVERTISING INJURY
LIABILITY, is amended as follows:
1. Paragraph 1. Insuring Agreement is amended
to include the following:
We will pay those sums that the insured
becomes legally obligated to pay as damages
because of a "violation(s)" of the Health
Insurance Portability and Accountability Act
(HIPAA). We have the right and the duty to
defend the insured against any "suit,"
"investigation," or "civil proceeding" seeking
these damages. However, we will have no duty
to defend the insured against any "suit"
seeking damages, "investigation," or "civil
proceeding" to which this insurance does not
apply.
2. Paragraph 2. Exclusions is amended to include
the following additional exclusions:
This insurance does not apply to:
a. Intentional, Willful, or Deliberate Violations
Any willful, intentional, or deliberate
"violation(s)" by any insured.
b. Criminal Acts
Any "violation" which results in any criminal
penalties under the HIPAA.
c. Other Remedies
Any remedy other than monetary damages
for penalties assessed.
d. Compliance Reviews or Audits
Any compliance reviews by the Department
of Health and Human Services.
3. The following, when used on this coverage, are
defined as follows:
a. "Civil proceeding" means an action by the
Department of Health and Human Services
(HHS) arising out of "violations."
b. "Investigation" means an examination of an
actual or alleged "violation(s)" by HHS.
However, "investigation" does not include a
Compliance Review.
c. "Violation" means the actual or alleged failure
to comply with the regulations included in the
HIPAA.
Y. Key and Lock Replacement — Janitorial Services
Client Coverage SECTION I — COVERAGES,
SUPPLEMENTARY PAYMENTS — COVERAGES
A AND B is amended to include the following:
We will pay for the cost to replace keys and locks at
the "clients" premises due to theft or other loss to
keys entrusted to you by your "client," up to a
$10,000 limit per occurrence and $10,000 policy
aggregate.
We will not pay for loss or damage resulting from
theft or any other dishonest or criminal act that you
or any of your partners, members, officers,
"employees", "managers", directors, trustees,
authorized representatives or any one to whom you
entrust the keys of a "client" for any purpose commit,
whether acting alone or in collusion with other
persons.
The following, when used on this coverage, are
defined as follows:
a. "Client" means an individual, company or
organization with whom you have a written
contract or work order for your services for a
described premises and have billed for your
services.
b. "Employee" means:
(1) Any natural person:
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(a) While in your service or for 30 days after
termination of service;
(b) Who you compensate directly by salary,
wages or commissions; and
(c) Who you have the right to direct and
control while performing services for you;
or
(2) Any natural person who is furnished
temporarily to you:
(a) To substitute for a permanent "employee"
as defined in Paragraph (1) above, who
is on leave; or
(b) To meet seasonal or short-term workload
conditions;
while that person is subject to your direction and
control and performing services for you.
(3) "Employee" does not mean:
(a) Any agent, broker, person leased to you
by a labor leasing firm, factor,
commission merchant, consignee,
independent contractor or
representative of the same general
character; or
(b) Any "manager," director or trustee
except while performing acts coming
within the scope of the usual duties of an
"employee."
(c) "Manager" means a person serving in a
directorial capacity for a limited liability
company.
Z. Damage to Property You Own, Rent or Occupy
1. SECTION V — DEFINITIONS, Paragraph
14.b. is deleted in its entirety and replaced
by the following:
b. Malicious prosecution or abuse of
process;
2. SECTION V — DEFINITIONS, Paragraph 14.
is amended by adding the following:
Discrimination based on race, color, religion,
sex, age or national origin, except when:
a. Done intentionally by or at the direction
of, or with the knowledge or consent of:
(1) Any insured; or
(2) Any executive officer, director,
stockholder, partner or member of
the insured;
b. Directly or indirectly related to the
employment, former or prospective
employment, termination of employment,
or application for employment of any
person or persons by an insured;
c. Directly or indirectly related to the sale,
rental, lease or sublease or prospective
sales, rental, lease or sub -lease of any
room, dwelling or premises by or at the
direction of any insured; or
d. Insurance for such discrimination is
prohibited by or held in violation of law,
public policy, legislation, court decision or
administrative ruling.
The above does not apply to fines or penalties
imposed because of discrimination.
LIABILITY, Subsection 2. Exclusions, Paragraph
BB. Duties in the Event of Occurrence, Claim or Suit
j. Damage to Property, Item (1) is deleted in its
SECTION IV — COMMERCIAL GENERAL
entirety and replaced with the following:
LIABILITY CONDITIONS, Paragraph 2. is
(1) Property you own, rent, or occupy, including
amended as follows:
any costs or expenses incurred by you, or any
a. is amended to include:
other person, organization or entity, for repair,
This condition applies only when the
replacement, enhancement, restoration or
"occurrence" or offense is known to:
maintenance of such property for any reason,
(1) You, if you are an individual;
including prevention of injury to a person or
(2) A partner, if you are a partnership; or
damage to another's property, unless the
(3) An executive officer or insurance
damage to property is caused by your client,
manager, if you are a corporation.
up to a $30,000 limit. A client is defined as a
b. is amended to include:
person under your direct care and supervision.
This condition will not be considered
breached unless the breach occurs after
AA. Personal and Advertising Injury — Abuse of
such claim or "suit" is known to:
Process, Discrimination
(1) You, if you are an individual;
If COVERAGE B PERSONAL AND
(2) A partner, if you are a partnership; or
ADVERTISING INJURY LIABILITY COVERAGE
(3) An executive officer or insurance
is not otherwise excluded from this Coverage
manager, if you are a corporation.
Part, the definition of "personal and advertising
injury" is amended as follows:
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01
CC. EMPLOYEE CRIMINAL DEFENSE COSTS
The prosecution of any of your
ONLY COVERAGE
"employees" commenced by the filing,
1. The following provision is added to the
with a court, or other regulatory
Policy:
enforcement agency, of an information, a
a
Employee Criminal Defense Costs
complaint, or an indictment, and any
00
Only Coverage
amendments thereto, alleging that our
g g y
>
>
We will pay, on your behalf, for "defense
"employee" had, during the policy period,
LU
costs" incurred by your "employee" in a
committed one or more crimes involving
" criminal proceeding". We will have the
one or more incidents, acts, or events.
right, but not the duty to defend your
Such incidents, acts or events must arise
"employee" in such "criminal proceeding".
within the scope of your "employee's"
employment by you or occur while your
2. The most we will pay for any one "criminal
"employee" is performing duties related to
proceeding" is $25,000, regardless of the
the conduct of your business.
number of "employees" involved in such
Any "criminal proceeding" shall be
"criminal proceeding". The payment of
considered a single "criminal proceeding",
"defense costs" under this Employee
notwithstanding the fact that the
Criminal Defense Costs Only Coverage is
prosecution or investigation may involve
in addition to and does not reduce the
multiple incidents, multiple counts or
Limits of Insurance shown on the
charges, and/or multiple trial and/or
Declarations. However, the payment of
appellate proceedings. A subsequent or
"defense costs" under this Employee
different prosecution or investigation
Criminal Defense Costs Only Coverage is
based on the same incidents, acts, or
included within and shall reduce the
events that provided the basis for the
$25,000 each "criminal proceeding" Limit
original prosecution or investigation shall
shown in Item V) of the Schedule above
not constitute a separate "criminal
and we will not pay for any further "defense
proceeding".
costs" for a "criminal proceeding" after the
b. "Defense costs" means
$25,000 limit has been exhausted.
(1) Reasonable attorney fees (including
3. The following additional Exclusions apply to
fees for the services of paralegals,
this Employee Criminal Defense Costs Only
law clerks and/or investigators
Coverage:
working under the direction of said
attorney); and
This insurance does not apply to:
a. Coverage Provided Under
(2) Reasonable and necessary costs,
excluding loss of income.
Coverages A or B
5. Under no circumstances will "defense costs"
Any "defense costs" for which
payable under this Employee Criminal
coverage is provided under
Defense Costs Only Coverage be payable as
COVERAGE A BODILY INJURY AND
Supplementary Payments under Coverages A
PROPERTY DAMAGE LIABILITY
or B.
AND COVERAGE B PERSONAL
AND ADVERTISING INJURY
LIABILITY of this policy.
All other terms and conditions of the policy
b. Damages, Fines or Penalties
remain the same.
Any damages or penalties.
4. The following additional Definitions apply to
this Employee Criminal Defense Costs Only
Coverage:
a. "Criminal proceeding" means:
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