GENERAL LIABILITY ENHANCMENT ENDORSEMENT

Transcription

1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ENHANCMENT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is changed as follows: SECTION I - COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Injury to Leased Workers 2. Exclusions, e. Employers Liability, the definition "employee" in the DEFINITIONS Section is replaced by the following: "Employee" does not include a "leased worker" or a "temporary worker". 2. Non-owned Watercraft 2. Exclusions, g. Aircraft, Auto Or Watercraft sub-paragraph (2) is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; 3. Expanded Property Damage 2. Exclusions, j. Damage To Property, (3) and (4) are replaced by the following: (3) Property loaned to you, except for: (a) Construction tools, scaffolding, "mobile equipment" used in the course of performing your operations (b) Emergency replacement equipment or machinery needed to continue your business operations at a premise you own, rent or occupy. (4) Personal property in the care, custody or control of the insured, except for: (a) property which is temporarily stored pending installation, service, repair, alteration or processing by the insured; or (b) property which has been sold by the insured and is awaiting delivery; The most we will pay for damages because of "property damage" coverage provided by this endorsement is $2,000 from any one "occurrence" and $4,000 aggregate during any one policy period. The following exclusion is added with respect to this endorsement: The coverage provided by this endorsement does not apply to "property damage" or loss of use caused by disappearance, inventory shortage, theft, conversion or embezzlement by any person or persons working in collusion. 4. Property Damage - Elevators 2. Exclusions; j. Damage To Property: Paragraphs (3), (4), and (6) of this exclusion do not apply to the use of elevators. k. Damage To Your Product does not apply to the use of elevators. Page 1 of 5

2 5. Damage To Premises Rented To You 2. Exclusions, the paragraph immediately following 2.q. is replaced by the following: Page 2 of 5 Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 6. Supplementary Payments The following changes are made: b. The limit of $250 is increased to a limit of $2,500 for 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. d. The limit of $250 a day is increased to a limit of $300 for 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 because of time off from work. SECTION II - WHO IS INSURED 7. Additional Insureds Paragraph 2. e. is added per the following: e. Any person(s) or organization(s) if required by written contract, agreement or permit, that such person or organization be added as an additional insured on your policy. 1. Such person or organization is an additional insured 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 the acts or omissions of those acting on your behalf arising out of: a. Premises you own, rent, lease or occupy; or b. "Your" Ongoing operations performed for that person or organization; or c. The maintenance, operation, or use by you of equipment leased to you by such person or organization; or d. Their liability, arising out of your operations, as grantor of a franchise to you; 2. The limits of insurance applicable to the additional insured are those specified in the written contract, agreement or permit, or in the Declarations of this policy, whichever are less. These limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. 3. This insurance does not apply: a. Unless the written contract, agreement or permit has been issued prior to the "bodily injury", "property damage", "personal and advertising injury;" b. To any person or organization included as an insured under provision f. below; or c. To any person or organization included as an insured by an endorsement issued by us and made a part of this Coverage Part. 4. When managers or lessors of premises become an insured under this provision, the following exclusions apply: a. Any "occurrence" which takes place after you cease to be a tenant in that premises; or b. Structural alterations, new construction or demolition operations performed by or on the behalf of the manager or lessors of the premises; 5. When owners or other interests from whom land has been leased become an additional insured under this provision, the following additional exclusions apply: a. Any "occurrence" which takes place after you cease to lease that land; or b. Structural alterations, new construction or demolition operations performed by or on behalf of the owners or other interests from whom land has been leased.

3 6. When an owner, lessee, contractor or an engineer, architect or surveyor becomes an additional insured under this provision, the following additional exclusions apply: "Bodily injury", "property damage", or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: i. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. 7. When a lessor of leased equipment becomes an insured under this provision, the following additional exclusions apply: i. To any "occurrence" which takes place after the equipment lease expires; or ii. To "bodily injury" or "property damage" arising out of the sole negligence of such lessor. 8. When a grantor of franchise becomes an additional insured under this provision, the following additional exclusion applies: To any "occurrence" which takes place after the termination of the franchise agreement. 8. Additional Insured - Vendors Paragraph 2.f. is added per the following: f. Any person(s) or organization(s) (referred to below as vendor) with whom you have agreed in a written contract or agreement to provide insurance is an additional insured, but only with respect to "bodily injury" or "property damage" arising out of "your products", which are sold or distributed in the regular course of the vendor s business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of assumption of liability in a contract or agreement. This exclusion does not apply to liability for damage that the vendor would have in the absence of such contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. 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; e. Any failure to make such inspections, adjustments, test 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; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor s premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient or any other thing or substance by or for the vendors. h. "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: (1) The exceptions contained in Sub-paragraph d. or f., or (2) 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. 2. 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. Page 3 of 5

4 3. This provision does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Coverage Part. 4. This provision does not apply if "bodily injury" or "property damage" included within the "productscompleted operations hazard" is excluded either by the provisions of the Coverage Part, or by endorsement. 9. Broadened Named Insured Paragraph 2.g. is added per the following: g. Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own 50% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 10. Newly Formed or Acquired Organizations Paragraph 3.a. is amended to read as follows: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or until the end of the policy period, whichever is earlier. This provision does not apply if coverage for a newly formed or acquired organization is excluded either by the provisions of the Coverage Part, or by endorsement. SECTION III - LIMITS OF INSURANCE 11. Damage To Premises Rented To You Paragraph 6. is replaced by the following: 6. Subject to 5. above, the Damage to Premises Rented To You Limit is the higher of : a. $500,000; or b. The amount shown in the declarations as the Damage to Premises Rented to You Limit. Whether a. or b. above applies, it is the most we will pay under Coverage A for damages because of "property damage" to premises, while rented to you or temporarily occupied by you with permission of the owner, arising out of any one event of fire, lightning, explosion, smoke, or leakage from automatic fire protective systems, or any combination thereof. This provision does not apply if Coverage A Damage to Premises Rented To You is excluded either by the provisions of the Coverage Part, or by endorsement. 12. Medical Payments - Increased Limits Paragraph 7. is replaced by the following: 7. Subject to 5. above, the Medical Expense Limit is: a. $10,000; or b. The amount shown in the Declarations for Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by one person. Whether a. or b. above applies, it is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. This provision does not apply if Coverage C Medical Payments is excluded either by provisions of the coverage part or by endorsement. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 13. Notice of Occurrence, Knowledge of Occurrence, Unintentional Omission The following paragraph is added to 2. Duties In The Event of Occurrence, Offense, Claim, or Suit: e. Notice of an "occurrence" which may result in a claim under this insurance shall be given as soon as practicable after knowledge of the occurrence has been reported to you, one of your executive officers or an employee designated by you to give such notice. Page 4 of 5

5 14. Additional Conditions The following paragraph is added to 4. Other Insurance: d. If this policy includes a Coverage Form or an Endorsement which provides coverage for loss or damage covered by one or more of the Extensions of this endorsement, the limit and the coverage provided by this endorsement are deleted and replaced by the limit and coverage provided by that Coverage Form or Endorsement. The following paragraph is added to 6. Representations: d. However, the unintentional omission of, or unintentional error in, any information given or provided by you shall not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our right of cancellation or non-renewal. 15. Waiver of Transfer of Rights of Recovery Against Others Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract requiring such waiver with that person or organization and included in the "products-completed operations hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. 16. Liberalization Clause The following is added: If we adopt any revision that would broaden the coverage under this coverage form without additional premium during the policy period, the broadened coverage will apply to this coverage part when the change becomes effective in your state. SECTION V - DEFINITIONS 17. Amended Definition Paragraph 9. "Insured contract" a. is replaced by the following: 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 fire, lightning, explosion, smoke or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; Page 5 of 5