COMMERCIAL GENERAL LIABILITY COVERAGE ENHANCEMENT ENDORSEMENT

Transcription

1 THIS ENDORSEMENT CHANGES THE POLICY. THIS ENDORSEMENT CONTAINS LIMITATIONS AND RESTRICTIONS. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM This endorsement is subject to the provisions of your policy, which means that it is subject to all limitations and conditions applicable to the Coverage Form unless specifically deleted, replaced, or modified herein. This endorsement is applicable only to those premises described in the Declarations. General Descriptions Of Coverage Changes Non-Owned Watercraft Property Damage Borrowed Equipment Property Damage Customers Goods Property Damage Legal Liability Medical Payment Limit of Insurance Increase To $15,000 Extended Supplementary Payments Blanket Waiver of Subrogation Additional Insureds Additional Insured Vendors Aggregate Limits of Insurance Reasonable Force Bodily Injury Or Property Damage Failure To Disclose Hazards and Prior Occurrences Knowledge of Occurrence, Offense, Claim or Suit Liberalization Clause Bodily Injury Redefined 1. NON-OWNED WATERCRAFT Under SECTION 1 COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2. Exclusions, provision 2.g. Aircraft, Auto Or Watercraft item (2)(a) is deleted and replaced as follows: (a) Less than 51 feet long; and ACG Page 1 of 6

2 2. PROPERTY DAMAGE BORROWED EQUIPMENT a. Under SECTION I COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2. Exclusions, provision j. Damage To Property does not apply to property damage to borrowed equipment while that equipment is not being used to perform operations at the job site. b. Under SECTION IV COMMERCIAL GENERAL LIABIITY CONDITIONS, the following is added to Condition 4. Other Insurance, paragraph b. Excess Insurance: The insurance afforded by provision 2. in the Commercial General Liability Coverage Enhancement Endorsement is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is property insurance. 3. PROPERTY DAMAGE CUSTOMERS GOODS a. Under SECTION 1 - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2. Exclusions, provisions (3), (4) and (6) of exclusion j. Damage To Property do not apply to property damage to customers goods while on your premises. b. Under SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 4. Other Insurance, paragraph b. Excess Insurance: The insurance afforded by provision 3. in the Commercial General Liability Coverage Enhancement Endorsement is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is property insurance. c. The following is added to SECTION V DEFINITIONS: Customers goods means property of your customer on your premises for the purpose of being worked on or used in your manufacturing process. 4. PROPERTY DAMAGE LEGAL LIABILITY a. The word Fire where it appears in the Limits of Insurance section of the Declarations for the Commercial General Liability Form is changed to Fire, Lightning, Explosion, Smoke or Leakage from Fire Protective System. b. Under SECTION I COVERAGES, COVERAGE, paragraph A.2. the last paragraph is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from fire protective systems to premises while 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. This will apply to all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke or leakage from fire protective systems or any combination of the five. c. Under SECTION III - LIMITS OF INSURANCE, paragraph 6. is replaced by the following: 6. Subject to 5. above the most we will pay under Coverage A for damages because of property damage from fire, lightning, explosion, smoke or leakage from fire protective system to any one premises, while rented to you or temporarily occupied by you with permission of the owner is the higher of: (a) $300,000; or (b) the Fire, Lightning, Explosion, Smoke or Leakage from Fire Protective System Damage Limit shown in the Declarations. the most we will pay under Coverage A for damages because of property damage from fire, lightning, explosion, smoke or leakage from fire protective system to any one premises, while rented to you or temporarily occupied by you with permission of the owner. d. Under Section IV COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4.b.(1)(b. in the edition, and paragraph 4.b.(1)(ii) in the edition, is deleted and replaced by the following: That is fire, lightning, explosion, smoke or leakage from fire protective systems insurance for premises rented to you or temporarily occupied by you with permission of the owner; or e. SECTION V DEFINITIONS, paragraph 9.a. is deleted and 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 fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract. ACG Page 2 of 6

3 5. MEDICAL PAYMENTS The Medical Expense Limit, if not otherwise excluded, is changed to the greater of: a. $15,000; or b. The medical expense limit shown in the Commercial General Liability Coverage Part Declarations. 6. EXTENDED SUPPLEMENTARY PAYMENTS a. The reference to $250 in SUPPLEMENTARY PAYMENTS COVERAGES A and B, paragraph 1.b. is changed to $2,500. b. The reference to $250 a day in SUPPLEMENTARY PAYMENTS COVERAGES A and B, paragraph 1.d. is changed to $500 a day. 7. BLANKET WAIVER OF SUBROGATION We waive any right of recovery we may have against any person or organization because of payment we make for injury or damage arising out of premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; your work ; or your products. We waive this right only where you have agreed to do so as part of a written contract, executed by you prior to loss. 8. ADDITIONAL INSUREDS The following are added to SECTION II WHO IS AN INSURED: a. Any person or organization with whom you agreed, because of a written contract, written agreement or permit is an insured, but only with respect to: (1) Your work for the additional insured(s) at the location designated in the contract, agreement or permit. (2) Facilities owned or used by you. This insurance applies on a primary basis if that is required by the written contract, written agreement or permit. This provision does not apply: (1) Unless the written contract or written agreement has been executed or permit has been issued prior to the bodily injury, property damage, personal injury or advertising injury. (2) To any person or organization included as an insured by an endorsement issued by us and made part of this Coverage Part. (3) To any person or organization included as an insured under item 2. of this endorsement. (4) To any lessor of equipment: (a) after the equipment lease expires; or (b) if the bodily injury, property damage, personal injury or advertising injury arises out of sole negligence of the lessor. (5) To any: (a) Owners or other interests from whom land has been leased when that lease has expired; or (b) Managers or lessors of premises if: (i) the occurrence takes place after you cease to be a tenant in that premises; or (ii) the bodily injury, property damage, personal injury or advertising injury arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. b. Any person or organization with whom you agreed, because of a written contract or written agreement to provide insurance, but only with respect to bodily injury, property damage, personal injury or advertising injury arising out of your products which are distributed or sold in the regular course of the vendor s business, subject to the following additional exclusions: The insurance afforded the vendor does not apply to: (1) Bodily injury or property damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product, which was made intentionally by the vendor; ACG Page 3 of 6

4 (4) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instruction from the manufacturer, and then repackaged in the original container; (5) Any failure to make inspection, 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 sale of the product; (6) Demonstrations, installation, servicing or repair operations, except such operations performed at the vendor s premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any thing or substance by or for the vendor. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. c. Any person or organization (referred to below as additional insured ) with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: (1) Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide, or the limits shown on the Declarations, whichever is less. (2) The insurance afforded to the additional insured does not apply to: (a) Any occurrence that takes place after you cease to be a tenant in that premises; (b) Any premises for which coverage is excluded by endorsement; or (c) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. (3) The insurance afforded to the additional insured is excess over any valid and collectible insurance available to such additional insured, unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. d. Any person or organization (referred to below as additional insured ) with whom you agreed in a written contract, executed prior to loss, to name as an additional insured, but only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such additional insured, subject to the following provisions: (1) Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits that you agreed to provide, or the limits shown on the Declarations, whichever is less. (2) The insurance afforded to the additional insured does not apply to: (a) Any occurrence that takes place after the equipment lease expires; or (b) Bodily injury or property damage arising out of the sole negligence of such additional insured. (3) The insurance afforded to the additional insured is excess over any valid and collectible insurance available to such additional insured, unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. e. Under SECTION II WHO IS AN INSURED, paragraph 3. is deleted and replaced as follows: (1) Any organization, other than a joint venture, over which you maintain ownership or majority interest of more than 50% will be an insured if there is no other similar insurance available to that organization. However: (a) Coverage under this provision is afforded only until the 180 th day after you acquire or form the organization or end of the policy period, whichever is earlier; (b) Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization; and (c) Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. ACG Page 4 of 6

5 9. ADDITIONAL INSURED - VENDORS Under SECTION II WHO IS AN INSURED, paragraph 2. is amended to include as an insured any person or organization (referred to below as vendor ) with whom you agreed, in a written contract or agreement to provide insurance such as is afforded under this policy, but only with respect to bodily injury or property damage arising out of your products which are distributed or sold in the regular course of the vendor s business, subject to the following additional exclusions: a. The insurance afforded the vendor does not apply to: (1) Bodily injury or property damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor s premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) To bodily injury or property damage arising out of any act, error or omission that results from the additional insured s sole negligence or wrongdoing. b. This insurance does not apply to any insured person or organization, from which you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 10. AGGREGATE LIMITS OF INSURANCE SECTION III LIMITS OF INSURANCE, paragraph 2. applies separately to each of your: a. Projects away from the premises owned by or rented to you; and b. 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, waterway or right-of-way of a railroad. 11. REASONABLE FORCE BODILY INJURY OR PROPERTY DAMAGE Exclusion 2.a. of SECTION I COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted and replaced by the following: a. Expected Or Intended Injury Or Damage as in 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. ACG Page 5 of 6

6 12. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT a. Under SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an occurrence, offense, claim or suit by an agent, servant or employee of any insured shall not in itself constitute knowledge of the insured unless an insured listed under paragraph 1. of SECTION II WHO IS AN INSURED or a person who has been designated by them to receive reports of occurrences, offenses, claims and suits shall have received such notice from the agent, servant or employee. 13. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES a. Under SECTION IV COMMERCIAL GENERAL LIABILILTY CONDITIONS, the following is added to Condition 6. Representations: Your failure to disclose all hazards or prior occurrences existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior occurrences is not intentional. 14. LIBERALIZATION If we revise this endorsement to provide more coverage without an additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of that day. 15. BODILY INJURY DEFINED Under SECTION V DEFINITIONS, definition 3. is deleted and replaced by the following: 3. Bodily Injury means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. ACG Page 6 of 6