COVERAGE AMENDATORY FORM A

Transcription

1 COMMERCIAL GENERAL LIABILITY COVERAGE AMENDATORY FORM A SCHEDULE OF FORMS AND ENDORSEMENTS Description Form Numbers Common Policy Conditions IL Calculation of Premium IL Premium Audit CIC / Cancellation CIC / Claims Reporting Limitation CIC / War or Terrorism Exclusion CG Disclosure Pursuant to Terrorism Risk Insurance Act IL Exclusion of Punitive Damages Related to a Certified Act of Terrorism CG Abuse or Molestation Exclusion CIC / Employment Related Practices Exclusion CIC / Lead Exclusion CIC / Asbestos Exclusion CIC / Silica or Silica-Related Dust Exclusion CG Punitive Damages Exclusion CIC / Exclusion Athletic or Sports Participants CIC / Exclusion Contractors Professional Liability CIC / Exclusions Cross Suits CIC / Nuclear Energy Liability Exclusion Endorsement (Broad Form) IL Exclusion Prior Completed Work CIC / Amendment Non Cumulation of Each Occurrence Limit of Liability and Non Cumulation of Personal and CIC / Advertising Injury Limit Exclusion Violation of Statutes that Govern s, Fax, Phone Calls or other Methods of Sending Material CG or Information Exclusion Electromagnetic Radiation CIC / Condominium or Townhouse Liability Exclusion CIC / Exclusion Explosion Hazard (Specified Operations Excepted) CIC / Fines or Penalties Exclusion CIC / Earth Movement Exclusion CIC / Formaldehyde Exclusion CIC / Financial Services Exclusion CIC / Exterior Insulation & Finish Systems (EFIS) Exclusion CG Concrete Sulfates Exclusion CIC / Chromated Copper Arsenate (CCA) Exclusion CIC /

2 Recall of Products, Your Work or Impaired Property CIC / Hot Tar & Torch Exclusion Endorsement CIC / Course of Roofing Exclusion CIC / Exclusion Projects Covered by a Consolidated CIC / (Wrap-up) Insurance Program Total Pollution Exclusion CG Exclusion Continuing Damages CIC / Exclusion Pending and Prior Litigation CIC / Fungus / Mold Exclusion CIC / Employer s Liability Exclusion CIC /

3 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. IL Insurance Services Office, Inc., 1998 Page 1 of 2

4 1. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: 2. Are safe or healthful; or 3. Comply with laws, regulations, codes or standards. 4. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 5. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators. E. Premiums The first Named Insured shown in the Declarations: 2. Is responsible for the payment of all premiums; and 3. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL Insurance Services Office, Inc., 1998 Page 2 of 2

5 CALCULATION OF PREMIUM BOILER AND MACHINERY COVERAGE PART CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL CRIME COVERAGE FORM COMMERCIAL CRIME POLICY COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART EMPLOYEE THEFT AND FORGERY POLICY EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART GOVERNMENT CRIME AND COVERAGE FORM GOVERNMENT CRIME POLICY LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added: The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. On each renewal, continuation, or anniversary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. IL ISO Properties, Inc., 2002 Page 1 of 1

6 PREMIUM AUDIT CHANGES Paragraph 5. of Premium Audit of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: A. Subparagraph b. is deleted and replaced by the following: b. Premium for this policy is a minimum and deposit premium. We will retain the full minimum and deposit premium, even if any audit shows the earned premium to be less than the minimum and deposit premium. If an audit shows that the earned premium is greater than the minimum and deposit premium, upon notice, the first Named Insured must pay us the difference between these amounts. B. The following provisions are added: d. If we are denied access to your records sufficient to conduct an audit as referenced in subparagraphs a. through c. above or in the Examination of Your books and Records section of the policy, we may pursue the following options: (1) Initiate all legal or equitable proceedings to accomplish the audit; or (2) Invoice the first Named Insured an additional premium of the greater of: premium; or (a) fifty percent (50%) of the minimum and deposit (b) five thousand dollars ($5,000). e. If we do not audit the policy in any instance, it will not waive our right to do so in another instance. CIC / Page 1 of 1

7 CANCELLATION The following is added to Paragraph 5. of Section A. Cancellation of the COMMON POLICY CONDITIONS: However, if we elect to audit the policy under Paragraph C. Examination Of Your Books And Records of the COMMON POLICY CONDITIONS, the first Named Insured agrees to pay the greater of: a. The earned premium as computed by such audit; or b. The earned premium, as computed by the customary short-rate procedure. CIC / Page 1 of 1

8 CLAIMS REPORTING LIMITATION COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION I COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement Paragraph b. is deleted and replaced with the following: b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and is reported to us not later than 120 months from the date of the policy expiration, (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement Paragraph b. is deleted and replaced with the following: b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period and is reported to us not later than 120 months from the date of the policy expiration. CIC / Page 1 of 1

9 WAR OR TERRORISM EXCLUSION A. Exclusion i. under Paragraph 2., Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability is replaced by the following: 2. Exclusions This insurance does not apply to: i. War Or Terrorism "Bodily injury" or "property damage" arising, directly or indirectly, out of: (1) War, including undeclared or civil war; or (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these; or (4) "Terrorism", including any action taken in hindering or defending against an actual or expected incident of "terrorism" regardless of any other cause or event that contributes concurrently or in any sequence to the injury or damage. However, with respect to "terrorism", this exclusion only applies if one or more of the following are attributable to an incident of "terrorism": (1) The total of insured damage to all types of property exceeds $25,000,000. In determining whether the $25,000,000 threshold is exceeded, we will include all insured damage sustained by property of all persons and entities affected by the "terrorism" and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision, insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions ; or (2) Fifty or more persons sustain death or serious physical injury. For the purposes of this provision, serious physical injury means: (a) Physical injury that involves a substantial risk of death; or (b) Protracted and obvious physical disfigurement; or (c) Protracted loss of or impairment of the function of a bodily member or organ; or CG ISO Properties, Inc., 2001 Page 1 of 3

10 (3) The "terrorism" involves the use, release or escape of nuclear materials, or directly or indirectly results in nuclear reaction or radiation or radioactive contamination; or (4) The "terrorism" is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials; or (4) Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the "terrorism" was to release such materials. Paragraphs (1) and (2), immediately preceding, describe the thresholds used to measure the magnitude of an incident of "terrorism" and the circumstances in which the threshold will apply for the purpose of determining whether the Terrorism Exclusion will apply to that incident. When the Terrorism Exclusion applies to an incident of "terrorism", there is no coverage under this Coverage Part. In the event of any incident of "terrorism" that is not subject to the Terrorism Exclusion, coverage does not apply to any loss or damage that is otherwise excluded under this Coverage Part. Multiple incidents of "terrorism" which occur within a seventy-two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. B. The following exclusion is added to Paragraph 2., Exclusions of Section I Coverage B Personal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: War Or Terrorism "Personal and advertising injury" arising, directly or indirectly, out of: (1) War, including undeclared or civil war; or (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these; or (4) "Terrorism", including any action taken in hindering or defending against an actual or expected incident of "terrorism" regardless of any other cause or event that contributes concurrently or in any sequence to the injury. However, with respect to "terrorism", this exclusion only applies if one or more of the following are attributable to an incident of "terrorism": (1) The total of insured damage to all types of property exceeds $25,000,000. In determining whether the $25,000,000 threshold is exceeded, we will include all insured damage sustained by property of all persons and entities affected by the "terrorism" and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision, insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions ; or CG ISO Properties, Inc., 2001 Page 2 of 3

11 (2) Fifty or more persons sustain death or serious physical injury. For the purposes of this provision, serious physical injury means: (a) Physical injury that involves a substantial risk of death; or (b) Protracted and obvious physical disfigurement; or (c) Protracted loss of or impairment of the function of a bodily member or organ; or (3) The "terrorism" involves the use, release or escape of nuclear materials, or directly or indirectly results in nuclear reaction or radiation or radioactive contamination; or (4) The "terrorism" is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials; or (5) Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the "terrorism" was to release such materials. Paragraphs (1) and (2), immediately preceding, describe the thresholds used to measure the magnitude of an incident of "terrorism" and the circumstances in which the threshold will apply for the purpose of determining whether the Terrorism Exclusion will apply to that incident. When the Terrorism Exclusion applies to an incident of "terrorism", there is no coverage under this Coverage Part. In the event of any incident of "terrorism" that is not subject to the Terrorism Exclusion, coverage does not apply to any loss or damage that is otherwise excluded under this Coverage Part. Multiple incidents of "terrorism" which occur within a seventy-two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. Exclusion h. under Paragraph 2., Exclusions of Section I Coverage C Medical Payments does not apply. D. The following definition is added to the Definitions Section: "Terrorism" means activities against persons, organizations or property of any nature: 1. That involves the following or preparation for the following: a. Use or threat of force or violence; or b. Commission or threat of a dangerous act; or c. Commission or threat of an act that interferes with or disrupts an electronic, communication, information, or mechanical system; and 2. When one or both of the following applies: a. The effect is to intimidate or coerce a government or the civilian population or any segment thereof, or to disrupt any segment of the economy; or b. It appears that the intent is to intimidate or coerce a government, or to further political, ideological, religious, social or economic objectives or to express (or express opposition to) a philosophy or ideology. CG ISO Properties, Inc., 2001 Page 3 of 3

12 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT SCHEDULE Terrorism Premium (Certified Acts) $ See Declaration Page This premium is the total Certified Acts premium attributable to the following Coverage Part(s), Coverage Form(s) and/or Policy(s): Additional information, if any, concerning the terrorism premium: Federal share of terrorism losses % Year: 20 (Refer to Paragraph B. in this endorsement.) Federal share of terrorism losses % Year: 20 (Refer to Paragraph B. in this endorsement.) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act, we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to coverage for terrorist acts certified under that Act. The portion of your premium attributable to such coverage is shown in the Schedule of this endorsement or in the policy Declarations. B. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the federal program. For losses occurring in 2006, the federal share equals 90% of that portion of the amount of such insured losses that exceeds the applicable insurer retention. For losses occurring in 2007, the federal share equals 85% of that portion of the amount of such insured losses that exceeds the applicable insurer retention. If the federal program is extended beyond 2007, the applicable percentage is shown in the Schedule of this endorsement or in the policy Declarations. IL ISO Properties, Inc. Page 1 of 1

13 EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added: This insurance does not apply to: TERRORISM PUNITIVE DAMAGES Damages arising, directly or indirectly, out of a "certified act of terrorism" that are awarded as punitive damages. B. The following definition is added: "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act of The federal Terrorism Risk Insurance Act of 2002 sets forth the following criteria for a "certified act of terrorism": 1. The act resulted in aggregate losses in excess of $5 million; and 2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. CG ISO Properties, Inc., 2002 Page 1 of 1

14 ABUSE OR MOLESTATION EXCLUSION The following exclusion is added to Paragraph 2., Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and Paragraph 2., Exclusions of Section I Coverage B Personal And Advertising Injury Liability: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of: 1. The actual or threatened abuse or molestation of any person, any insured, or 2. The negligent: a. Employment; b. Investigation; c. Supervision; d. Reporting to the proper authorities, or failure to so report; or e. Retention; of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by Paragraph 1. above. CIC / Page 1 of 1

15 EMPLOYMENT- RELATED PRACTICES EXCLUSION A. The following exclusion is added to Paragraph 2.,Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability: This insurance does not apply to: "Bodily injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment-related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. B. The following exclusion is added to Paragraph 2.,Exclusions of Section I Coverage B Personal And Advertising Injury Liability: This insurance does not apply to: "Personal and advertising injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any of the employment-related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. C. For purposes of this Endorsement, the terms employ and employment includes status as an independent contractor. CIC / Page 1 of 1

16 LEAD EXCLUSION COMMERCIAL GENERAL LIABILITY COVERAGE The following exclusion is added to Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and to Paragraph 2. Exclusions of Section I Coverage B Personal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: 1. Loss, cost or expense, including but not limited to defense costs, claim expenses, bonds or fees arising out of any request, demand or order that any insured or others identify, abate, test for, sample, monitor, clean up, remove, cover, contain, treat, detoxify, decontaminate, neutralize, or mitigate or in any way respond to, or assess the effects of lead or any lead derivative; or repair, replace or improve any property as a result of such effects; or; 2. Loss, cost or expense arising out of any claim or suit by or on behalf of a governmental authority for damages because of identification of, abatement of, testing for, sampling, monitoring, cleaning up, removing, covering, containing, treating, detoxifying, decontaminating, neutralizing, or mitigating, or in any way responding to, or assessing the effects of lead; or repairing, replacing or improving any property as a result of such effects; arising out of the actual, alleged or suspected: a. Ingestion, inhalation, absorption, presence, or prolonged physical exposure or threat or exposure to lead, or any lead derivative, in any form, or goods or products containing any form of lead or any lead derivative; or b. Use of any form of lead or any lead derivative in constructing or manufacturing any good, product or structure; or c. Removal of any form of lead or any lead derivative from any good, product or structure; or d. The manufacture, intellectual development, sale, transportation, storage or disposal of lead, or any lead derivative, or goods or products containing any form of lead or any lead derivative. This exclusion applies whether or not: 1. Such loss, cost or expense was caused by the instigation of, or with the direct or indirect involvement of any named insured, the named insured s employees, additional insureds or other persons on the insured s premises or worksite at any time. 2. Such loss, cost or expense was caused by or arising out of the failure at any time of any named insured, the named insured s employees, additional insureds or other persons on any named insured s premises or worksite to supervise or keep the premise or worksite in a safe condition. CIC / Page 1 of 1

17 ASBESTOS EXCLUSION COMMERCIAL GENERAL LIABILITY COVERAGE The following exclusion is added to Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and to Paragraph 2. Exclusions of Section I Coverage B Personal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: 1. Loss, cost or expense, including but not limited to defense costs, claim expenses, bonds or fees arising out of any request, demand or order that any insured or others identify, abate, test for, sample, monitor, clean up, remove, cover, contain, treat, detoxify, decontaminate, neutralize, or mitigate; or in any way respond to or assess the effects of asbestos; or repairing, replacing or improving any property as a result of such effects; 2. Loss, cost or expense arising out of any claim or suit by or on behalf of a governmental authority for damages because of identification of, abatement of, testing for, sampling, monitoring, cleaning up, removing, covering, containing, treating, detoxifying, decontaminating, neutralizing, or mitigating, or in any way responding to, or assessing the effects of asbestos; or repairing, replacing or improving any property as a result of such effects; Arising out of the actual, alleged or suspected: a. Ingestion, inhalation, absorption, presence or prolonged physical exposure or threat of exposure to asbestos in any form, or goods, products containing any form of asbestos; or b. Use of any form of asbestos in constructing or manufacturing any good, product or structure; or c. Removal of any form of asbestos from any good, product or structure; or d. The manufacture, intellectual development, sale, transportation, storage, or disposal of asbestos or goods or products containing any form of asbestos. This exclusion applies whether or not: 1. Such loss, cost or expense was caused by the instigation of, or with the direct or indirect involvement of any named insured, the named insured s employees, additional insureds or other persons on the insured s premises or worksite at any time. 2. Such loss, cost or expense was caused by or arising out of the failure at any time of any named insured, the named insured s employees, additional insureds or other persons on any named insured s premises or worksite to supervise or keep the premise or worksite in a safe condition. CIC / Page 1 of 1

18 SILICA OR SILICA-RELATED DUST EXCLUSION A. The following exclusion is added to Paragraph 2., Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability: 2. Exclusions This insurance does not apply to: Silica Or Silica-Related Dust a. "Bodily injury" arising, in whole or in part, out of the actual, alleged, threatened or suspected inhalation of, or ingestion of, "silica" or "silica-related dust". b. "Property damage" arising, in whole or in part, out of the actual, alleged, threatened or suspected contact with, exposure to, existence of, or presence of, "silica" or "silica-related dust". c. Any loss, cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to or assessing the effects of, "silica" or "silica-related dust", by any insured or by any other person or entity. B. The following exclusion is added to Paragraph2., Exclusions of Section I Coverage B Personal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: Silica Or Silica-Related Dust a. "Personal and advertising injury" arising, in whole or in part, out of the actual, alleged, threatened or suspected inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, "silica" or "silica-related dust". b. Any loss, cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to or assessing the effects of, "silica" or "silicarelated dust", by any insured or by any other person or entity. C. The following definitions are added to the Definitions Section: 1. "Silica" means silicon dioxide (occurring in crystalline, amorphous and impure forms), silica particles, silica dust or silica compounds. 2. "Silica-related dust" means a mixture or combination of silica and other dust or particles. CG ISO Properties, Inc. Page 1 of 1

19 PUNITIVE DAMAGES EXCLUSION COMMERCIAL GENERAL LIABILITY COVERAGE The following exclusion is added to Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and to Paragraph 2. Exclusions of Section I Coverage B Personal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: any claim of or indemnification for punitive or exemplary damages. If a suit seeking both compensatory and punitive or exemplary damages has been brought against you for a claim covered by this policy, we will provide defense for such action. We will not have any obligation to pay for any costs, interest or damages attributable to punitive or exemplary damages. CIC / Page 1 of 1

20 EXCLUSION ATHLETIC OR SPORTS PARTICIPANTS Description of Operations: All operations of the Insured SCHEDULE With respect to any operations shown in the Schedule, this insurance does not apply to "bodily injury" to any person while practicing for or participating in any sports or athletic contest or exhibition that you sponsor, or in which you or your employees participate. CIC / Page 1 of 1

21 EXCLUSION CONTRACTORS PROFESSIONAL LIABILITY EXCLUSION The following exclusion is added to Paragraph 2., Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and Paragraph 2., Exclusions of Section I Coverage B Personal And Advertising Injury Liability: This insurance does not apply to liability arising out of the rendering of or failure to render professional services, or any error or omission, malpractice or mistake of a professional nature committed by or on behalf of the Insured in the conduct of any of the Insured s business activities. CIC / Page 1 of 1

22 EXCLUSION CROSS SUITS The following exclusion is added to Paragraph 2., Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and Paragraph 2., Exclusions of Section I Coverage B Personal And Advertising Injury Liability: The coverage afforded by this policy does not apply to a claim for damages arising out of Bodily Injury, Property Damage, Personal Injury or Advertising injury as defined herein, which is initiated, alleged, or caused to be brought about by a Named Insured and / or an insured covered by this policy, against any other Named Insured and / or insured covered by this policy. CIC / Page 1 of 1

23 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) (Broad Form) COMMERCIAL AUTOMOBILE COVERAGE PART FARM COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: A. Under any Liability Coverage, to "bodily injury" or "property damage": (1) With respect to which an "insured" under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "insured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazardous properties" of "nuclear material", if: (1) The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on behalf of, an "insured" or (b) has been discharged or dispersed there from; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an "insured"; or (3) The "bodily injury" or "property damage" arises out of the furnishing by an "insured" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility", but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to "property damage" to such "nuclear facility" and any property thereat. IL ISO Properties, Inc., 2001 Pages 1 of 2

24 2. As used in this endorsement: "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material", "Special nuclear material" or "by-product material". "Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor". "Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility". "Nuclear facility" means: (a) Any "nuclear reactor"; (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel", or (3) handling, processing or packaging "waste"; (c) Any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the "insured" at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a selfsupporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of radioactive contamination of property. IL ISO Properties, Inc., 2001 Pages 2 of 2

25 EXCLUSION PRIOR COMPLETED WORK The following exclusion is added to Paragraph 2., Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and Paragraph 2., Exclusions of Section I Coverage B Personal And Advertising Injury Liability: SCHEDULE Date: The inception date of this policy unless an earlier date is shown in the above SCHEDULE as applicable to this endorsement. 1. This insurance does not apply to bodily injury, property damage personal injury or advertising injury included within the Products Completed Operations Hazard and arising out of your work completed prior to the date listed in the above SCHEUDLE. 2. Paragraph a. of the Products-completed operations hazard definition in the DEFINITIONS Section is replaced by the following: a. Includes all bodily injury, property damage, personal injury and advertising injury occurring away from premises you own or rent and arising out of your product or your work except: (1) Products that are still in your possession; or (2) Work that has not yet been completed or abandoned. Your work will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization. (3) Work that may need service, maintenance correction, repair, or replacement, but which is otherwise complete, will be deemed complete as set forth in paragraph 2.a. (2) of this endorsement. CIC / Page 1 of 1

26 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY AMENDMENT NON CUMULATION OF EACH OCCURRENCE LIMIT OF LIABILITY and NON CUMULATION OF PERSONAL and ADVERTISING INJURY LIMIT This endorsement modifies the insurance provided under the following: 1. Paragraph 3 of SECTION III LIMITS OF INSURANCE is amended to include the following: Non cumulation of Each Occurrence Limit If one occurrence causes bodily injury and/or property damage during both this policy period and during one or more prior and/or subsequent policy period(s) of policy(s) issued by us, the amount we will pay is limited. This policy s Each Occurrence Limit will be reduced by the amount of each payment made by us under the other policies because of such occurrence. 2. Paragraph 4 of SECTION III LIMITS OF INSURANCE is amended to include the following: Non cumulation of Personal and Advertising Limit If personal injury and/or advertising injury is sustained by any one person or organization during both this policy period and during the policy period of one or more prior and/or subsequent policy(s) issued by us, the amount we will pay is limited. This policy s Personal Injury and Advertising Injury Limit will be reduced by the amount of each payment made by us under the other policies because of such personal injury and/or advertising injury. CIC / Page 1 of 1

27 EXCLUSION VIOLATION OF STATUTES THAT GOVERN S, FAX, PHONE CALLS OR OTHER METHODS OF SENDING MATERIAL OR INFORMATION A. The following exclusion is added to Paragraph 2., Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability: 2. Exclusions This insurance does not apply to: DISTRIBUTION OF MATERIAL IN VIOLATION OF STATUTES "Bodily injury" or "property damage" arising directly or indirectly out of any action or omission that violates or is alleged to violate: a. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or b. The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or c. Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or information. B. The following exclusion is added to Paragraph 2., Exclusions of Section I Coverage B Personal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: DISTRIBUTION OF MATERIAL IN VIOLATION OF STATUTES "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: a. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or b. The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or c. Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or information. CG ISO Properties, Inc. Page 1 of 1

28 EXCLUSION ELECTROMAGNETIC RADIATION The following exclusion is added to Paragraph 2., Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and Paragraph 2., Exclusions of Section I Coverage B Personal And Advertising Injury Liability: This insurance does not apply to incidents arising out of exposure to or the existence of electromagnetic radiation, whether such electromagnetic radiation is naturally occurring or artificially created, and whether such electromagnetic radiation acted or is said to have acted in any sequence or combination with any other cause or causes of bodily injury, property damage, personal injury or advertising injury or whether such electromagnetic radiation contributes to or was contributed to by any other cause or causes. The following definitions are added to the Definitions Section: Electromagnetic radiation means any discharge, emission, release, broadcast or transmission of any form of electromagnetic energy, whether naturally occurring or artificially created. CIC / Page 1 of 1

29 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CONDOMINIUM OR TOWNHOUSE LIABILITY EXCLUSION This Policy is hereby amended as follows: SECTION 1. COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions and SECTION 1. COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions are amended to add the following: This insurance does not apply to any "bodily injury", "property damage", "personal injury" or "advertising injury" nor do we have any duty to defend any Claim, whether or not within the products-completed operations hazard arising from, related to or in any way connected with your work or your product which is part of or incorporated into or upon a condominium, townhouse, mixed-use project involving commercial uses with condominiums, townhouses, and any and all associated, appurtenant structures and common areas or to personal injury or advertising injury arising or resulting from your operations performed upon, at a condominium, townhouse, mixed-use project involving commercial uses with condominiums, townhouses, and any and all associated, appurtenant structures and common areas. This Exclusion applies to property damage, bodily injury, personal injury, or advertising injury arising from, related to or connected with ongoing operations and/or completed operations, including your work or your product, performed or supplied with respect to any apartment project or structure which, at the time a claim for such property damage, bodily injury, personal injury, or advertising injury is first made, has been or is being converted into a condominium or townhouse, whether your operations, including your work or your product, were performed, incorporated or supplied before or after the apartment was converted to a condominium or townhouse. A project or development of condominiums, townhouse, mixed-use project involving commercial uses with condominiums, townhouses, and any and all associated, appurtenant structures and common areas includes such projects or developments where any or all of the units are held for rental or lease. Liability for property damage, bodily injury, personal injury, or advertising injury of any insured, or any person or entity for which you have assumed liability in an insured contract, arising from, related to or in any way connected with the operations on or products supplied to a condominium, townhouse, mixed-use project involving commercial uses with condominiums, townhouses, and any and all associated, appurtenant structures and common areas. CIC / Page 1 of 1

30 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. EXCLUSION EXPLOSION HAZARD (SPECIFIED OPERATIONS EXCEPTED) SCHEDULE Location and Description of Operations: ALL LOCATIONS AND OPERATIONS Covered Hazard(s): NONE A. The following exclusion is added to Paragraph 2. Exclusions in Section 1 Coverages: This insurance does not apply to property damage arising out of the explosion hazard. This exclusion does not apply to: a. Operations performed for you by others; b. Property damage included within the products-completed operations hazard or c. Any operation described in the Schedule above, if this hazard is entered as a covered hazard. B. The following definition is added to the Definitions Section: Explosion hazard includes structural damage arising out of blasting or explosion. The explosion hazard does not include property damage arising out of the explosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment. CIC / Page 1 of 1

31 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY FINES OR PENALTIES EXCLUSION This Policy is hereby amended as follows: SECTION 1. COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions and SECTION 1. COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions are amended to add the following: This insurance does not apply to any fine or penalty imposed by or under any law, statute, or ordinance of any federal, state or municipal government agency whether or not such claim is made in conjunction with a claim for damages on account of "bodily injury", "property damage", "personal injury" or "advertising injury". CIC / Page 1 of 1

32 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EARTH MOVEMENT EXCLUSION This Policy is hereby amended as follows: SECTION 1. COVERAGE, COVERAGE A, BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions and SECTION 1. COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions are amended to add the following: This insurance does not apply to any bodily injury, property damage, personal injury or advertising injury nor do we have any duty to defend any Claims arising from, aggravated by, or as a consequence of earth movement, whether the earth movement is combined with any other cause. As used in this exclusion the term earth movement includes, but is not limited to, earthquake, landslide, subsidence, mudflow, sinkhole, erosion, or the sinking, risking, shifting, settling, slipping, falling away, tilting, expanding or contracting of earth or soil. 1. This Exclusion applies regardless of the cause or causes of the earth movement and includes defects or negligence in design, construction or materials, or any other event, conduct or misconduct which may have or is claimed to have precipitated, caused or acted jointly, concurrently, or in any sequence with earth movement in causing the injury or damage. 2. This Exclusion further applies to injury and damage arising from the mitigation, repair or avoidance of earth movement. CIC / Page 1 of 1

33 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY FORMALDEHYDE EXCLUSION SECTION 1. COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions and SECTION 1. COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions are amended to add the following: This insurance does not apply to any "bodily injury", "property damage", "personal injury" or "advertising injury" nor do we have any duty to defend any 1) Claim arising from the manufacture, handling, distribution, sale, application, consumption, use or exposure to any product known as formaldehyde or which has the same chemical formula or which is a formaldehyde derivative or which is generally known in the trade in which it is used as having a like formulation, structure or function by whatever name manufactured, sold or distributed and whether the existence of or exposure to formaldehyde caused or is alleged to have caused damage in any sequence or combination with, or contributed to or was contributed to by any other cause or causes of injury or damage. 2) This Exclusion shall apply without regard to the basis of an insured s liability. 3) This Exclusion applies to any injury or damage caused by the removal, eradication, detoxification, remediation or decontamination of formaldehyde or property containing formaldehyde, and further includes any liability, cost or expense to remediate or prevent property damage, bodily injury or personal injury from formaldehyde. CIC / Page 1 of 1

34 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY FINANCIAL SERVICES EXCLUSION SECTION 1. COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions and SECTION 1. COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions are amended to add the following: This insurance does not apply to any "bodily injury", "property damage", "personal injury" or "advertising injury" nor do we have any duty to defend any Claim arising out of the rendering or failure to render Financial Services. The following definition is added to the Section V - Definitions Section: Financial Services means services related to or arising out of the following: 1. Planning, administering or advising on: a. Any investment, pension, annuity, savings, checking or retirement plan, fund or account; b. The issuance or withdrawal of any bond, debenture, stock or other securities; c. The trading of securities, futures, commodities, or currencies; 2. Acting as a dividend disbursing agent, exchange agent, redemption or subscription agent, warrant or script agent, fiscal or paying agent, tax withholding agent, escrow agent, clearing agent, or electronic funds transfer agent; 3. Lending or arranging for the lending of money, including credit card, debit card, leasing or mortgage operations or activities, including securing financing, refinancing, or interbank transfers; 4. Repossessing of real or personal property or acting as an assignee for the benefit of creditors; 5. Checking, evaluating or reporting of credit; 6. Maintaining of financial accounts or records; 7. Compliance with local, State or Federal tax laws including but not limited to tax planning, tax advising or the preparation of tax returns; 8. Selling or issuing travelers checks, letters of credit, certified checks, cashier checks, bank checks, money orders or advances on payroll checks. CIC / Page 1 of 1

35 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEMS A. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of, caused by, or attributable to, whether in whole or in part, the following: 1. The design, manufacture, construction, fabrication, preparation, distribution and sale, installation, application, maintenance or repair, including remodeling, service, correction or replacement, of any "exterior insulation and finish system" or any part thereof, or any substantially similar system or any part thereof, including the application or use of conditioners, primers, accessories, flashings, coatings, caulking or sealants in connection with such a system; or 2. "Your product" or "your work" with respect to any exterior component, fixture or feature of any structure if an "exterior insulation and finish system", or any substantially similar system, is used on the part of that structure containing that component, fixture or feature. B. The following definition is added to the Definitions Section: "Exterior insulation and finish system" means a non-load bearing exterior cladding or finish system, and all component parts therein, used on any part of any structure, and consisting of: 1. A rigid or semi-rigid insulation board made of expanded polystyrene and other materials; 2. The adhesive and/or mechanical fasteners used to attach the insulation board to the substrate; 3. A reinforced or un-reinforced base coat; 4. A finish coat providing surface texture to which color may be added; and 5. Any flashing, caulking or sealant used with the system for any purpose. CG ISO Properties, Inc. 1 of 1

36 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CONCRETE SULFATES EXCLUSION This Policy is hereby amended as follows: SECTION 1. COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions and SECTION 1. COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions are amended to add the following: This insurance does not apply to any "bodily injury", "property damage", "personal injury" or "advertising injury" nor do we have any duty to defend any 1. Claim arising from, or caused by, the exposure of concrete to, or the adsorption or absorption by concrete products of sulfates, whether such sulfate is in pure form or is or was combined with any other chemical or material. 2. This Exclusion applies regardless of any other cause or causes of damage and includes defects or negligence in design, construction, inspection or materials, or any other event, conduct or misconduct which may have or is claimed to have precipitated, caused or acted jointly, concurrently, or in any sequence with the exposure of concrete to sulfates in causing the damage. 3. This Exclusion shall apply without regard to the allegations or basis of the insured s liability. CIC / Page 1 of 1

37 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CHROMATED COPPER ARSENATE (CCA) EXCLUSION This Policy is hereby amended as follows: SECTION 1. COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions and SECTION 1. COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions are amended to add the following: This insurance does not apply to any "bodily injury", "property damage", "personal injury" or "advertising injury" nor do we have any duty to defend (1) The actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, CCA whether the CCA is in pure form or is or was combined with any other chemical or material, or products or materials containing CCA, and regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to any "bodily injury", "property damage", "personal injury" or "advertising injury"; (2) Any "bodily injury", "property damage", "personal injury" or "advertising injury" caused or alleged to have been caused by the removal, eradication, detoxification, remediation or decontamination of CCA or property containing CCA; (3) Any loss, cost or expenses arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of CCA; (4) Any supervision, instructions, warnings, recommendations, or advice given or which should have been given in connection with (1), (2) or (3) above; or (5) Any obligation to share damages with or repay someone else that must pay damages because of CCA or products or materials containing CCA. This exclusion shall apply without regard to the source or sources of the CCA, or the basis of the insured's liability. This exclusion includes defects or negligence in design, construction or materials, or any other event, conduct or misconduct, which may have or is claimed to have precipitated, caused or acted jointly, concurrently, or in any sequence with CCA in causing the "bodily injury", "property damage", "personal injury" or "advertising injury". CIC / Page 1 of 1

38 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY Recall of Products, Your Work or Impaired Property Exclusion This Policy is hereby amended as follows: The Following Exclusion is added to Paragraph 2, Exclusions of Section 1 Coverage B Personal and Advertising Injury Liability. This insurance does not apply to any personal and advertising injury", nor do we have any duty to defend any: claim arising out of any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) Your product ; (2) Your work ; or (3) Impaired property ; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. CIC / Page 1 of 1

39 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY HOT TAR & TORCH EXCLUSION ENDORSEMENT This Policy is hereby amended as follows: The following Exclusion is added to paragraph 2., Exclusions of Coverage A-BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section 1-Coverages) and paragraph 2., Exclusions of Coverage B-PERSONAL AND ADVERTISING INJURY LIABILITY (Section 1- Coverages) and Coverage C-MEDICAL PAYMENTS (Section 1-Coverages): This insurance does not apply to bodily injury, property damage, Personal injury, or advertising injury nor do we have any duty to defend any claim or suit that arises out of, is caused by the use of, or is in any way connected with the application of hot tar or the use of any torch, fire or flame for the application, repair, modification or removal of any roofing materials or components CIC / Page 1 of 1

40 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY Course of Roofing Exclusion This Policy is hereby amended as follows: SECTION 1. COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions and SECTION 1. COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions are amended to add the following: This insurance does not apply to any "bodily injury", "property damage", "personal injury" or "advertising injury" nor do we have any duty to defend any: claim for damage to any building or structure and/or the contents, furniture and fixtures, improvements and betterments of any building or structure, directly or indirectly arising out of or caused, or alleged to have been caused by, in whole or in part, wind, hail, snow, rain, ice or any combination of these or any other form of precipitation occurring while the roof or other covering of the building or other structure is being constructed, repaired or replaced, or as a result thereof. Notwithstanding SECTION V DEFINITIONS, Paragraph 14. Products-Completed Operations Hazard, work on a roof, or other covering of a building or structure, shall be deemed complete only when all work or operations upon it by anyone has been finished, regardless of whether the scope of an insured s work or operations includes less than the full completion of the roof or other covering. CIC / Page 1 of 1

41 EXCLUSION PROJECTS COVERED BY A CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM This Policy is hereby amended as follows: SECTION 1. COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions and SECTION 1. COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions are amended to add the following: The following exclusion is added to paragraph 2., Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I Coverages): This insurance does not apply to "bodily injury" or "property damage" arising out of either your ongoing operations or operations included within the "products-completed operations hazard" for all projects for which you have been provided by the prime contractor/project manager or owner of the construction project in which you are involved, a consolidated (wrap up) insurance program, including, but not limited to owner controlled insurance, contractor controlled insurance program or rolling wrap. This exclusion applies whether or not the consolidated (wrap-up) insurance program: (1) Provides coverage identical to that provided by this Coverage Part; (2) Has limits adequate to cover all claims (3) Remains in effect; or (4) Is subject to a Self-Insured Retention or Deductible. CIC / Page 1 of 1

42 TOTAL POLLUTION EXCLUSION ENDORSEMENT This Policy is hereby amended as follows: Exclusion f. under Paragraph 2., Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability are replaced by the following: This insurance does not apply to: f. Pollution (1) "Bodily injury" or "property damage" which would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". CG Insurance Services Office, Inc., of 1

43 EXCLUSION CONTINUING DAMAGES This Policy is hereby amended as follows: The following exclusion is added to Paragraph 2., Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and Paragraph 2., Exclusions of Section I Coverage B Personal And Advertising Injury Liability: This insurance does not apply to "bodily injury", "property damage", "personal injury" or "advertising injury" which began prior to the inception date of this policy, and which is alleged to continue into the policy period. This exclusion applies whether or not: 1. the damage or its cause was known to any insured before the inception date of this policy; 2. repeated or continued exposure to conditions causing such "bodily injury", "property damage", "personal injury" or "advertising injury" occurred during the policy period or caused additional or progressive "bodily injury", "property damage", "personal injury" or "advertising injury" during the policy period; or 3. the insured's legal obligation to pay damages was established as of the inception date of this policy. CIC / Page 1 of 1

44 EXCLUSION PENDING AND PRIOR LITIGATION This Policy is hereby amended as follows: The following exclusion is added to Paragraph 2., Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and Paragraph 2., Exclusions of Section I Coverage B Personal And Advertising Injury Liability: This insurance does not apply to and we shall have no obligation or duty to defend the insured for: (1) Damage, loss, cost or expense arising out of any claim, suit, action, demand, litigation, arbitration, alternative dispute resolution or other judicial or administrative proceeding which has commenced or is pending prior to the effective date of this insurance, and also does not apply to any future damages, loss, cost or expense arising out of said pending or prior litigation; This exclusion applies whether or not: (a) Damages continue or progress during the period of this insurance; or (b) Ultimate liability has been established; or (c) The final amount of damages, loss, cost or expense has been established. CIC / Page 1 of 1

45 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. FUNGUS / MOLD EXCLUSION COMMERCIAL GENERAL LIABILITY COVERAGE FORM This Policy is hereby amended as follows: This insurance does not apply to bodily injury, property damage, personal and advertising injury, or any other loss, cost or expense, including, but not limited to losses, costs or expenses related to, arising from or associated with clean-up, remediation, containment, removal or abatement, caused directly or indirectly, in whole or in part, by: 1. Any fungus(i), molds(s), mildew or yeast, or 2. Any spore(s) or toxins created or produced by or emanating from such fungus(i), mold(s), mildew or yeast, or 3. Any substance, vapor, gas or other emission or organic or inorganic body or substance produced by or arising out of any fungus(i), mold(s), mildew or yeast, or 4. Any material, product, building component, building or structure, or any concentration of moisture, water or other liquid within such material, product, building component, building or structure, that contains, harbors, nurtures or acts as a medium for any fungus(i), mold(s), mildew, yeast, or spore(s) or toxins emanating there from, regardless of any other cause, event, material, product and/or building component that contributed concurrently or in any sequence to that bodily injury, property damage, personal and advertising injury, loss, cost or expense. For the purposes of this exclusion, the following definitions are added to the Policy: 1. Fungus(i) includes, but is not limited to, any of the plants or organisms belonging to the major group Fungi, lacking chlorophyll, and including molds, rusts, mildews, smuts, and mushrooms. 2 Mold(s) includes, but is not limited to any superficial growth produced on damp or decaying organic matter or on living organisms, and fungi that produce molds. 3 Spore(s) means any dormant or active reproductive body produced by or arising or emanating out of any fungus(i), mold(s), mildew, plants, organisms or microorganisms. CIC / Page 1 of 1

46 EXCLUSION EMPLOYER S LIABILITY This Policy is hereby amended as follows: Exclusion (e) of Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability is deleted, and the following exclusion is added to Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and to Paragraph 2., Exclusions of Section I Coverage B Personal And Advertising Injury Liability: e. Employer's Liability "Bodily injury" or personal and advertising injury to: (1) Any "employee" of any insured arising out of and in the course of: (a) Employment by any insured; or (b) Performing duties related to the conduct of any insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies: (1) Whether any insured may be liable as an employer or in any other capacity; and (2) To any obligation to defend or indemnify any party against whom a claim or suit is brought as a result of the bodily injury or personal and advertising injury. CIC / Page 1 of 1