SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F
|
|
|
- Christian Adams
- 9 years ago
- Views:
Transcription
1 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Filing at a Glance Company: Product Name: State: TOI: Sub-TOI: Filing Type: Continental Insurance Company Commercial Umbrella District of Columbia 17.0 Other Liability-Occ/Claims Made Commercial Umbrella and Excess Date Submitted: 05/12/2015 SERFF Tr Num: SERFF Status: State Tr Num: State Status: Co Tr Num: Effective Date Requested (New): Effective Date Requested (Renewal): Author(s): Reviewer(s): CNAB Closed-APPROVED F 11/01/ /01/2015 Roberta Cooper, Ruby McGhee Angela King (primary) Disposition Date: 06/30/2015 Disposition Status: APPROVED Effective Date (New): 11/01/2015 Effective Date (Renewal): 11/01/2015 PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
2 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F General Information Project Name: Paramount Umbrella Project Number: F Reference Organization: N/A Reference Title: N/A Filing Status Changed: 06/30/2015 State Status Changed: Created By: Ruby McGhee Corresponding Filing Tracking Number: RL Status of Filing in Domicile: Domicile Status Comments: Filing simultaneously. Reference Number: N/A Advisory Org. Circular: N/A Deemer Date: Submitted By: Ruby McGhee Filing Description: The Continental Insurance Company is filing to introduce the attached new forms for CNA s Paramount Umbrella Program. CNA Paramount Umbrella is a monoline umbrella program that consists of three separate policy form options and applicable endorsements: CNA Paramount Umbrella, CNA Paramount Excess, and CNA Paramount Umbrella and Excess. Please be advised that also listed on the attached forms filing memorandum are any previously approved Paramount forms or endorsements that are used in conjunction with the forms under this Paramount Umbrella filing. Company and Contact Filing Contact Information Ruby G. McGhee, State Filing Analyst 333 S. Wabash Chicago, IL Filing Company Information Continental Insurance Company 333 South Wabash 37th Floor Chicago, IL (312) ext. [Phone] [email protected] [Phone] [FAX] CoCode: Group Code: 218 Group Name: CNA Insurance Companies FEIN Number: State of Domicile: Pennsylvania Company Type: Property and Casualty State ID Number: Filing Fees Fee Required? Retaliatory? Fee Explanation: No No PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
3 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Correspondence Summary Dispositions Status Created By Created On Date Submitted APPROVED Angela King 06/30/ /30/2015 PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
4 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Disposition Disposition Date: 06/30/2015 Effective Date (New): 11/01/2015 Effective Date (Renewal): 11/01/2015 Status: APPROVED Comment: re-filing the Terrorism filings and resubmitting them under separate cover titled Rate data does NOT apply to filing. Schedule Schedule Item Schedule Item Status Public Access Supporting Document Readability Certificate APPROVED Yes Supporting Document Consulting Authorization APPROVED Yes Supporting Document Copy of Trust Agreement APPROVED Yes Supporting Document Expedited SERFF Filing Transmittal APPROVED Yes Supporting Document (revised) s Filing Memorandum & s List APPROVED Yes Supporting Document s Filing Memorandum & s List APPROVED Yes PARAMOUNT UMBRELLA LIABILITY POLICY APPROVED Yes PARAMOUNT EXCESS LIABILITY POLICY APPROVED Yes POLICY DECLARATIONS APPROVED Yes PARAMOUNT EXCESS AND UMBRELLA LIABILITY APPROVED Yes POLICY AMENDMENT TO DEFINITION OF PERSONAL AND APPROVED Yes ADVERTISING INJURY(DELETION OF PARAGRAPH E.) MARITIME EMPLOYERS LIABILITY EXCLUSION APPROVED Yes AFFILIATED CHAPTER ACTIVITIES EXCLUSION APPROVED Yes NUMBER OF DAYS NOTICE OF CANCELLATION APPROVED Yes NUMBER OF DAYS NOTICE OF NONRENEWAL APPROVED Yes POLYCHLORINATED BIPHENYLS (PCBs) EXCLUSION APPROVED Yes METAL GAS EXCLUSION APPROVED Yes PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
5 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Schedule Schedule Item Schedule Item Status Public Access (revised) EXCLUSION OF CERTIFIED ACTS OF TERRORISM APPROVED Yes EXCLUSION OF CERTIFIED ACTS OF TERRORISM APPROVED Yes PROFESSIONAL SERVICES EXCLUSION APPROVED Yes PUNITIVE DAMAGES EXCLUSION APPROVED Yes NOTICE OF CANCELLATION OR MATERIAL CHANGE APPROVED Yes - GOVERNMENT INSTALLATION ELECTROMAGNETIC AND IONIZING RADIATION APPROVED Yes EXCLUSION TOBACCO PRODUCTS EXCLUSION APPROVED Yes CHANGES NOTICE OF CANCELLATION APPROVED Yes AIRCRAFT PRODUCTS HAZARD AND AIRCRAFT APPROVED Yes GROUNDING HAZARDEXCLUSION OCCUPATIONAL/ENVIRONMENTAL DISEASE APPROVED Yes EXCLUSION FAILURE TO SUPPLY EXCLUSION APPROVED Yes HUMAN CLINICAL TRIALS EXCLUSION APPROVED Yes ABSOLUTE ABUSE OR MOLESTATION EXCLUSION APPROVED Yes TECHNOLOGY SERVICES EXCLUSION APPROVED Yes EXCLUSION OF THE FAILURE TO ADEQUATELY APPROVED Yes PROVIDE SERVICE RESPIRABLE DUST EXCLUSION APPROVED Yes FINANCIAL SERVICE COMPANY AS INSURED APPROVED Yes EXCLUSION DESIGNATED PROFESSIONAL SERVICES APPROVED Yes EXCLUSION ENGINEERS, ARCHITECTS OR SURVEYORS APPROVED Yes PROFESSIONAL LIABILITY EXCLUSION SUBSIDENCE EXCLUSION APPROVED Yes SPECIAL EVENTS EXCLUSION APPROVED Yes PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
6 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Schedule Schedule Item Schedule Item Status Public Access LEAD EXCLUSION APPROVED Yes TORCH WORK EXCLUSION APPROVED Yes DIAGNOSTIC TESTING LABORATORIES EXCLUSION APPROVED Yes MEDICAL MALPRACTICE PROFESSIONAL LIABILITY APPROVED Yes THERAPEUTIC OR COSMETIC SERVICES EXCLUSION TESTING OR CONSULTING ERRORS AND APPROVED Yes OMISSIONS EXCLUSION DESIGNATED COVERAGE EXCLUSION APPROVED Yes ADDITIONAL EXCLUSIONS ASSOCIATIONS APPROVED Yes SEEDMEN S ERRORS & OMISSIONS EXCLUSION APPROVED Yes RADIOACTIVE MATTER EXCLUSION APPROVED Yes PRESSURE TREATED WOOD EXCLUSION APPROVED Yes DESIGNATED PERSON OR ENTITY EXCLUSION APPROVED Yes DIACETYL, FLAVORINGS, FRAGRANCES AND APPROVED Yes SPECIFIED SUBSTANCES EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEMS APPROVED Yes EXCLUSION NANOPARTICLES EXCLUSION APPROVED Yes GENETICALLY MODIFIED ORGANISM EXCLUSION APPROVED Yes COMMUNICABLE DISEASE EXCLUSION APPROVED Yes SPECIFIC COMMUNICABLE DISEASE EXCLUSION APPROVED Yes DESIGNATED WORK EXCLUSION APPROVED Yes BATCH APPROVED Yes PRODUCTS-COMPLETED OPERATIONS LIABILITY APPROVED Yes LIMITATION TORCH WORK LIMITATION APPROVED Yes PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
7 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Schedule Schedule Item Schedule Item Status Public Access CONTRACTORS LIMITATION APPROVED Yes EXCESS AND UMBRELLA LIABILITY PERSONAL AND ADVERTISING INJURY LIABILITY APPROVED Yes EXCLUSION PRODUCTS-COMPLETED OPERATIONS AND LEASED APPROVED Yes PRODUCTS EXCLUSION BROAD KNOWLEDGE OF OCCURRENCE APPROVED Yes AUTOMOBILE LIABILITY DEALERS EXCLUSION APPROVED Yes CONSTRUCTION MANAGEMENT ERRORS AND APPROVED Yes OMISSIONS EXCLUSION DRUGGISTS PRODUCTS AND PROFESSIONAL APPROVED Yes SERVICES EXCLUSION HEALTH OR EXERCISE CLUB PROFESSIONAL APPROVED Yes LIABILITY EXCLUSION PRODUCTS AND PROFESSIONAL SERVICES APPROVED Yes EXCLUSION OPTICAL AND HEARING AID ESTABLISHMENTS MISDELIVERY OF LIQUID PRODUCTS EXCLUSION APPROVED Yes PRINTERS AND PUBLISHERS ERRORS AND APPROVED Yes OMISSIONS EXCLUSION AIRCRAFT EXCLUSION APPROVED Yes WATERCRAFT EXCLUSION APPROVED Yes CONSTRUCTION OPERATIONS OR REAL ESTATE APPROVED Yes DEVELOPMENT EXCLUSION RESIDENTIAL CONVERSION EXCLUSION APPROVED Yes CONSTRUCTION OPERATIONS OR REAL ESTATE APPROVED Yes DEVELOPMENT LIMITATION DESIGNATED ONGOING OPERATIONS EXCLUSION APPROVED Yes DIRECTORS AND OFFICERS LIABILITY EXCLUSION APPROVED Yes PRODUCTS / COMPLETED OPERATIONS HAZARD REDEFINED APPROVED Yes PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
8 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Schedule Schedule Item Schedule Item Status Public Access NAMED INSURED APPROVED Yes FRANCHISE OPERATORS EXCLUSION APPROVED Yes DEFINITION OF KEY EMPLOYEE APPROVED Yes TELECOMMUNICATION EQUIPMENT OR SERVICE APPROVED Yes PROVIDERS EXCLUSION SECURITY SERVICES EXCLUSION APPROVED Yes NON-ACCUMULATION OF LIMITS APPROVED Yes AUTOMOBILE LIABILITY EXCLUSION APPROVED Yes LIQUOR LIABILITY EXCLUSION APPROVED Yes NEW OR ACQUIRED ENTITIES EXCLUSION APPROVED Yes AIRCRAFT LIMITATION APPROVED Yes CONTRACTUAL LIABILITY LIMITATION APPROVED Yes BODILY INJURY LIMITATION APPROVED Yes LIMITATION NEW YORK OPERATIONS APPROVED Yes LIMITATION ILLINOIS OPERATIONS APPROVED Yes CONTRACTUAL LIABILITY LIMITATION APPROVED Yes DEFINITION OF INSURED CONTRACT TOTAL POLLUTION EXCLUSION APPROVED Yes TOTAL POLLUTION EXCLUSION WITH HOSTILE FIRE APPROVED Yes EXCEPTION OWNED AUTOMOBILE LIABILITY EXCLUSION APPROVED Yes PERSONAL AND ADVERTISING INJURY LIMITATION APPROVED Yes PRODUCTS-COMPLETED OPERATIONS LIABILITY APPROVED Yes LIMITATION LIMITATION OF COVERAGE TO DESIGNATED APPROVED Yes PREMISES OR PROJECTS SILICA LIMITATION APPROVED Yes TECHNOLOGY SERVICES EXCLUSION WITH PROFESSIONAL LIABILITY LIMITATION APPROVED Yes PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
9 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Schedule Schedule Item Schedule Item Status Public Access REAL ESTATE PROPERTY MANAGED LIMITATION APPROVED Yes FOREIGN LIABILITY LIMITATION APPROVED Yes PERSONAL LIABILITY LIMITATION APPROVED Yes SWIMMING POOL LIABILITY LIMITATION APPROVED Yes FORECLOSED PROPERTY LIMITATION APPROVED Yes NONCONCURRENCY APPROVED Yes POLLUTION LIMITATION APPROVED Yes COMMUNICABLE DISEASE LIMITATION APPROVED Yes LEASED AUTOMOBILE LIABILITY LIMITATION APPROVED Yes COMMUNICABLE DISEASE LIMITATION APPROVED Yes SPECIFIED DISEASES AIRCRAFT OR WATERCRAFT LIMITATION APPROVED Yes AGGREGATE LIMIT APPROVED Yes STATE-SPECIFIC OPERATIONS LIMITATION APPROVED Yes ELECTRONIC DATA LIABILITY APPROVED Yes EMPLOYEES AND VOLUNTEER WORKERS AS APPROVED Yes INSUREDS EXCLUSION WAIVER OF IMMUNITY APPROVED Yes PROPERTY DAMAGE LIMITATION APPROVED Yes WAIVER OF GOVERNMENTAL IMMUNITY APPROVED Yes UNDERLYING INSURANCE COVERAGE LIMITATION APPROVED Yes TRUTH IN LENDING ACT LIABILITY EXCLUSION APPROVED Yes INTELLECTUAL PROPERTY EXCLUSION APPROVED Yes REQUIREMENTS OF INDEPENDENT COUNSEL APPROVED Yes PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
10 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Schedule Schedule Item Schedule Item Status Public Access CONTRACTORS LIMITATION APPROVED Yes UMBRELLA LIABILITY LIMITED WRAP-UP COVERAGE CONSTRUCTION LOAN EXCLUSION APPROVED Yes LIMITATION OF COVERAGE REAL APPROVED Yes ESTATE OPERATIONS ABSOLUTE ABUSE OR MOLESTATION LIMITATION APPROVED Yes FELLOW EMPLOYEE LIMITATION APPROVED Yes WASTE EXCLUSION APPROVED Yes TEXAS EMPLOYERS LIABILITY RETAINED AMOUNT APPROVED Yes CONTRACTORS LIMITATION APPROVED Yes UMBRELLA LIABILITY UNDERGROUND STORAGE TANKS EXCLUSION APPROVED Yes (revised) ACT OF TERRORISM SELF-INSURED RETAINED RE-FILE UNDER FORMS Yes AMOUNT ACT OF TERRORISM SELF-INSURED RETAINED RE-FILE UNDER FORMS Yes AMOUNT FORMOTOR CARRIER POLICIES OF APPROVED Yes INSURANCE FOR PUBLIC LIABILITYUNDER SECTIONS 29 AND 30 OF THE MOTOR CARRIER ACT OF 1980 FUNGI OR OTHER ORGANIC PATHOGENS APPROVED Yes EXCLUSION TOTAL POLLUTION EXCLUSION WITH ALTERNATE APPROVED Yes POLLUTANTS DEFINITION RECOGNITION OF EROSION OF UNDERLYING LIMITS APPROVED Yes BY SUB-LIMITS NUCLEAR ENERGY LIABILITY EXCLUSION APPROVED Yes QUOTA SHARE APPROVED Yes EMPLOYER S LIABILITY EXCLUSION APPROVED Yes CORRECTION OF WORK EXCLUSION APPROVED Yes PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
11 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Schedule Schedule Item Schedule Item Status Public Access SILICA EXCLUSION APPROVED Yes UNDERLYING INSURANCE COVERAGE EXTENSION APPROVED Yes EXCLUSION COVERAGE TERRITORY AMENDMENT PRODUCTS APPROVED Yes EXCLUSION METAL GAS EXCLUSION APPROVED Yes COVERAGE B COMMUNICABLE DISEASE EXCLUSION APPROVED Yes COVERAGE B ELECTROMAGNETIC AND IONIZING RADIATION APPROVED Yes EXCLUSION COVERAGE B SUBSIDENCE EXCLUSION APPROVED Yes COVERAGE B CONSTRUCTION MANAGEMENT ERRORS AND APPROVED Yes OMISSIONS EXCLUSION COVERAGE B REAL ESTATE PROPERTY MANAGED EXCLUSION APPROVED Yes COVERAGE B ENGINEERS, ARCHITECTS OR SURVEYORS APPROVED Yes PROFESSIONAL LIABILITY EXCLUSION COVERAGE B ABSOLUTE ABUSE OR MOLESTATION EXCLUSION APPROVED Yes COVERAGE B FORECLOSED PROPERTY EXCLUSION APPROVED Yes COVERAGE B TRAVEL AGENCY TOURS LIMITATION OF COVERAGE APPROVED Yes COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY APPROVED Yes EXCLUSION COVERAGE B POLYCHLORINATED BIPHENYLS (PCBs) EXCLUSION APPROVED Yes COVERAGE B MARITIME EMPLOYERS LIABILITY EXCLUSION APPROVED Yes COVERAGE B DIACETYL, FLAVORINGS, FRAGRANCES AND APPROVED Yes SPECIFIED SUBSTANCES EXCLUSION COVERAGE B PRESSURE TREATED WOOD EXCLUSION APPROVED Yes COVERAGE B RADIOACTIVE MATTER EXCLUSION APPROVED Yes PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
12 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Schedule Schedule Item Schedule Item Status Public Access COVERAGE B LEAD EXCLUSION COVERAGE B APPROVED Yes EXTERIOR INSULATION AND FINISH SYSTEMS APPROVED Yes EXCLUSION COVERAGE B DESIGNATED WORK EXCLUSION APPROVED Yes COVERAGE B EXCLUSION OF THE FAILURE TO ADEQUATELY APPROVED Yes PROVIDE SERVICE COVERAGE B FAILURE TO SUPPLY EXCLUSION APPROVED Yes COVERAGE B CONSTRUCTION LOAN EXCLUSION APPROVED Yes COVERAGE B LIMITATION OF COVERAGE TO DESIGNATED APPROVED Yes PREMISES OR PROJECT COVERAGE B AIRCRAFT EXCLUSION APPROVED Yes COVERAGE B PROFESSIONAL SERVICES EXCLUSION APPROVED Yes COVERAGE B DESIGNATED ENTITY EXCLUSION APPROVED Yes COVERAGE B DESIGNATED COVERAGE EXCLUSION APPROVED Yes COVERAGE B MISDELIVERY OF LIQUID PRODUCTS EXCLUSION APPROVED Yes COVERAGE B RESIDENTIAL CONVERSION EXCLUSION APPROVED Yes COVERAGE B CONSTRUCTION OPERATIONS OR REAL ESTATE APPROVED Yes DEVELOPMENT LIMITATION COVERAGE B DESIGNATED PROFESSIONAL SERVICES APPROVED Yes EXCLUSION COVERAGE B CONSTRUCTION OPERATIONS OR REAL ESTATE APPROVED Yes DEVELOPMENT EXCLUSION COVERAGE B ELECTRONIC DATA LIABILITY APPROVED Yes COVERAGE A PRINTERS AND PUBLISHERS ERRORS AND APPROVED Yes PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
13 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Schedule Schedule Item Schedule Item Status Public Access OMISSIONS EXCLUSION COVERAGE B SPECIAL EVENTS EXCLUSION APPROVED Yes COVERAGE B NANOTECHNOLOGY EXCLUSION APPROVED Yes COVERAGE B SPECIFIC COMMUNICABLE DISEASE EXCLUSION APPROVED Yes COVERAGE B TELECOMMUNICATION EQUIPMENT OR SERVICE APPROVED Yes PROVIDERS EXCLUSION COVERAGE B INTELLECTUAL PROPERTY EXCLUSION APPROVED Yes COVERAGE B WASTE EXCLUSION COVERAGE B APPROVED Yes WATERCRAFT EXCLUSION APPROVED Yes COVERAGE B PRODUCTS-COMPLETED OPERATIONS AND LEASED APPROVED Yes PRODUCTS EXCLUSION COVERAGE B DESIGNATED ONGOING OPERATIONS EXCLUSION APPROVED Yes COVERAGE B FINANCIAL SERVICE COMPANY AS INSURED APPROVED Yes EXCLUSION COVERAGE B TEXAS EMPLOYERS LIABILITY RETAINED AMOUNT APPROVED Yes COVERAGE B EXHAUSTION OF UNDERLYING LIMITS APPROVED Yes CONTRACTORS LIMITATION APPROVED Yes EXCESS AND UMBRELLA LIABILITY (revised) NOTICE OFFER OF TERRORISM COVERAGE; APPROVED Yes DISCLOSURE OF PREMIUM NOTICE OFFER OF TERRORISM COVERAGE; APPROVED Yes DISCLOSURE OF PREMIUM (revised) NOTICE OFFER OF TERRORISM COVERAGE; APPROVED Yes CONFIRMATION OF REJECTION OF COVERAGE; DISCLOSURE OF PREMIUM NOTICE OFFER OF TERRORISM COVERAGE; CONFIRMATION OF REJECTION OF COVERAGE; RE-FILE UNDER FORMS Yes PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
14 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Schedule Schedule Item Schedule Item Status Public Access DISCLOSURE OF PREMIUM POLICY DECLARATIONS APPROVED Yes AMENDMENT OF POLICY DECLARATIONS APPROVED Yes AMENDMENT OF SCHEDULE ON SPECIFIED APPROVED Yes AMENDMENT OF FORMS AND S APPROVED Yes SCHEDULE ADDITION OR DELETION OF S AMENDMENT TO POLICY DECLARATIONS- NAMED APPROVED Yes INSURED DECLARATIONS AMENDATORY APPROVED Yes (revised) CANCELLATION AND NON-RENEWAL APPROVED Yes DISTRICT OF COLUMBIA CANCELLATION/NON RENEWAL - DISTRICT OF COLUMBIA APPROVED Yes PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
15 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Schedule Item Schedule Item No. Status 1 APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/2015 Name PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY Number CNA75500 XX CNA75502 XX POLICY DECLARATIONS CNA75503 XX PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY AMENDMENT TO DEFINITION OF PERSONAL AND ADVERTISING INJURY(DELETION OF PARAGRAPH E.) MARITIME EMPLOYERS LIABILITY EXCLUSION AFFILIATED CHAPTER ACTIVITIES EXCLUSION NUMBER OF DAYS NOTICE OF CANCELLATION NUMBER OF DAYS NOTICE OF NONRENEWAL POLYCHLORINATED BIPHENYLS (PCBs) EXCLUSION CNA75504 XX CNA75508 XX CNA75511 XX CNA75512 XX CNA75513 XX CNA75514 XX CNA75515 XX Edition Action Specific Readability Date Type Action Data Score Attachments PCF New CNA75500XX ( ) pdf PCF New CNA75502XX ( ).pdf DEC New CNA75503XX ( ) pdf PCF New CNA75504XX ( ) pdf END New CNA75508XX ( ).pdf END New CNA75511XX ( ).pdf END New CNA75512XX ( ).pdf END New CNA75513XX ( ).pdf END New CNA75514XX ( ).pdf END New CNA75515XX ( ).pdf PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
16 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Item Schedule Item No. Status 11 APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/2015 Name Number METAL GAS EXCLUSION CNA75516 XX EXCLUSION OF CERTIFIED ACTS OF TERRORISM PROFESSIONAL SERVICES EXCLUSION PUNITIVE DAMAGES EXCLUSION NOTICE OF CANCELLATION OR MATERIAL CHANGE - GOVERNMENT INSTALLATION ELECTROMAGNETIC AND IONIZING RADIATION EXCLUSION TOBACCO PRODUCTS EXCLUSION CHANGES NOTICE OF CANCELLATION CNA75517 XX CNA75518 XX CNA75520 XX CNA75521 XX CNA75522 XX CNA75523 XX CNA75525 XX AIRCRAFT PRODUCTS CNA75526 HAZARD AND AIRCRAFT XX GROUNDING HAZARDEXCLUSION OCCUPATIONAL/ENVIR ONMENTAL DISEASE EXCLUSION CNA75527 XX Edition Action Specific Readability Date Type Action Data Score Attachments END New CNA75516XX ( ).pdf END Withdrawn Previous Filing Number: Replaced N/A Number: END New CNA75518XX ( ).pdf END New CNA75520XX ( ).pdf END New CNA75521XX ( ).pdf END New CNA75522XX ( ).pdf END New CNA75523XX ( ).pdf END New CNA75525XX ( ).pdf END New CNA75526XX ( ).pdf END New CNA75527XX ( ).pdf PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
17 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Item Schedule Item No. Status 21 APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/2015 Name FAILURE TO SUPPLY EXCLUSION HUMAN CLINICAL TRIALS EXCLUSION ABSOLUTE ABUSE OR MOLESTATION EXCLUSION TECHNOLOGY SERVICES EXCLUSION EXCLUSION OF THE FAILURE TO ADEQUATELY PROVIDE SERVICE RESPIRABLE DUST EXCLUSION FINANCIAL SERVICE COMPANY AS INSURED EXCLUSION DESIGNATED PROFESSIONAL SERVICES EXCLUSION ENGINEERS, ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY EXCLUSION SUBSIDENCE EXCLUSION Number CNA75528 XX CNA75529 XX CNA75531 XX CNA75534 XX CNA75535 XX CNA75538 XX CNA75539 XX CNA75540 XX CNA75541 XX CNA75542 XX Edition Action Specific Readability Date Type Action Data Score Attachments END New CNA75528XX ( ).pdf END New CNA75529XX ( ).pdf END New CNA75531XX ( ).pdf END New CNA75534XX ( ).pdf END New CNA75535XX ( ).pdf END New CNA75538XX ( ).pdf END New CNA75539XX ( ).pdf END New CNA75540XX ( ).pdf END New CNA75541XX ( ).pdf END New CNA75542XX ( ).pdf PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
18 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Item Schedule Item No. Status 31 APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/2015 Name SPECIAL EVENTS EXCLUSION LEAD EXCLUSION TORCH WORK EXCLUSION DIAGNOSTIC TESTING LABORATORIES EXCLUSION MEDICAL MALPRACTICE PROFESSIONAL LIABILITY THERAPEUTIC OR COSMETIC SERVICES EXCLUSION TESTING OR CONSULTING ERRORS AND OMISSIONS EXCLUSION Number CNA75544 XX CNA75545 XX CNA75546 XX CNA75547 XX CNA75548 XX CNA75549 XX DESIGNATED CNA75550 COVERAGE EXCLUSION XX ADDITIONAL EXCLUSIONS ASSOCIATIONS CNA75551 XX SEEDMEN S ERRORS & CNA75552 OMISSIONS EXCLUSION XX RADIOACTIVE MATTER EXCLUSION PRESSURE TREATED WOOD EXCLUSION CNA75553 XX CNA75554 XX Edition Action Specific Readability Date Type Action Data Score Attachments END New CNA75544XX ( ).pdf END New CNA75545XX ( ).pdf END New CNA75546XX ( ).pdf END New CNA75547XX ( ).pdf END New CNA75548XX ( ).pdf END New CNA75549XX ( ).pdf END New CNA75550XX ( ).pdf END New CNA75551XX ( ).pdf END New CNA75552XX ( ).pdf END New CNA75553XX ( ).pdf END New CNA75554XX ( ).pdf PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
19 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Item Schedule Item No. Status 42 APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/2015 Name Number DESIGNATED PERSON CNA75555 OR ENTITY EXCLUSION XX DIACETYL, CNA75557 FLAVORINGS, XX FRAGRANCES AND SPECIFIED SUBSTANCES EXCLUSION EXTERIOR INSULATION CNA75558 AND FINISH SYSTEMS XX EXCLUSION NANOPARTICLES CNA75559 EXCLUSION XX GENETICALLY CNA75560 MODIFIED ORGANISM XX EXCLUSION COMMUNICABLE CNA75566 DISEASE EXCLUSION XX SPECIFIC CNA75567 COMMUNICABLE XX DISEASE EXCLUSION DESIGNATED WORK CNA75568 EXCLUSION XX BATCH CNA75570 XX PRODUCTS- COMPLETED OPERATIONS LIABILITY LIMITATION CNA75571 XX Edition Action Specific Readability Date Type Action Data Score Attachments END New CNA75555XX ( ).pdf END New CNA75557XX ( ).pdf END New CNA75558XX ( ).pdf END New CNA75559XX ( ).pdf END New CNA75560XX ( ).pdf END New CNA75566XX ( ).pdf END New CNA75567XX ( ).pdf END New CNA75568XX ( ).pdf END New CNA75570XX ( ).pdf END New CNA75571XX ( ).pdf PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
20 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Item Schedule Item No. Status 52 APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/2015 Name TORCH WORK LIMITATION CONTRACTORS LIMITATION EXCESS AND UMBRELLA LIABILITY PERSONAL AND ADVERTISING INJURY LIABILITY EXCLUSION PRODUCTS- COMPLETED OPERATIONS AND LEASED PRODUCTS EXCLUSION BROAD KNOWLEDGE OF OCCURRENCE AUTOMOBILE LIABILITY DEALERS EXCLUSION Number CNA75574 XX CNA75575 XX CNA75577 XX CNA75578 XX CNA75581 XX CNA75582 XX CONSTRUCTION CNA75583 MANAGEMENT ERRORS XX AND OMISSIONS EXCLUSION DRUGGISTS PRODUCTS CNA75584 AND PROFESSIONAL XX SERVICES EXCLUSION HEALTH OR EXERCISE CLUB PROFESSIONAL LIABILITY EXCLUSION CNA75585 XX Edition Action Specific Readability Date Type Action Data Score Attachments END New CNA75574XX ( ).pdf END New CNA75575XX ( ).pdf END New CNA75577XX ( ).pdf END New CNA75578XX ( ) pdf END New CNA75581XX ( ).pdf END New CNA75582XX ( ).pdf END New CNA75583XX ( ).pdf END New CNA75584XX ( ).pdf END New CNA75585XX ( ).pdf PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
21 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Item Schedule Item No. Status 61 APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/2015 Name PRODUCTS AND PROFESSIONAL SERVICES EXCLUSION OPTICAL AND HEARING AID ESTABLISHMENTS MISDELIVERY OF LIQUID PRODUCTS EXCLUSION PRINTERS AND PUBLISHERS ERRORS AND OMISSIONS EXCLUSION AIRCRAFT EXCLUSION WATERCRAFT EXCLUSION Number CNA75586 XX CNA75587 XX CNA75588 XX CNA75589 XX CNA75590 XX CONSTRUCTION CNA75591 OPERATIONS OR REAL XX ESTATE DEVELOPMENT EXCLUSION RESIDENTIAL CONVERSION EXCLUSION CNA75592 XX CONSTRUCTION CNA75593 OPERATIONS OR REAL XX ESTATE DEVELOPMENT LIMITATION DESIGNATED ONGOING OPERATIONS EXCLUSION CNA75594 XX Edition Action Specific Readability Date Type Action Data Score Attachments END New CNA75586XX ( ).pdf END New CNA75587XX ( ).pdf END New CNA75588XX ( ).pdf END New CNA75589XX ( ).pdf END New CNA75590XX ( ).pdf END New CNA75591XX ( ).pdf END New CNA75592XX ( ).pdf END New CNA75593XX ( ).pdf END New CNA75594XX ( ).pdf PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
22 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Item Schedule Item No. Status 70 APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/2015 Name DIRECTORS AND OFFICERS LIABILITY EXCLUSION PRODUCTS / COMPLETED OPERATIONS HAZARD REDEFINED NAMED INSURED FRANCHISE OPERATORS EXCLUSION DEFINITION OF KEY EMPLOYEE TELECOMMUNICATION EQUIPMENT OR SERVICE PROVIDERS EXCLUSION SECURITY SERVICES EXCLUSION NON-ACCUMULATION OF LIMITS AUTOMOBILE LIABILITY EXCLUSION LIQUOR LIABILITY EXCLUSION NEW OR ACQUIRED ENTITIES EXCLUSION Number CNA75595 XX CNA75596 XX CNA75597 XX CNA75598 XX CNA76431 XX CNA76432 XX CNA76433 XX CNA76434 XX CNA76436 XX CNA76437 XX CNA76439 XX Edition Action Specific Readability Date Type Action Data Score Attachments END New CNA75595XX ( ).pdf END New CNA75596XX ( ).pdf END New CNA75597XX ( ).pdf END New CNA75598XX ( ).pdf END New CNA76431XX ( ).pdf END New CNA76432XX ( ).pdf END New CNA76433XX ( ).pdf END New CNA76434XX ( ).pdf END New CNA76436XX ( ).pdf END New CNA76437XX ( ).pdf END New CNA76439XX ( ).pdf PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
23 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Item Schedule Item No. Status 81 APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/2015 Name Number AIRCRAFT LIMITATION CNA76440 XX CONTRACTUAL CNA76441 LIABILITY LIMITATION XX BODILY INJURY CNA76442 LIMITATION XX LIMITATION NEW CNA76444 YORK OPERATIONS XX LIMITATION ILLINOIS CNA76445 OPERATIONS XX CONTRACTUAL CNA76446 LIABILITY LIMITATION XX DEFINITION OF INSURED CONTRACT TOTAL POLLUTION CNA76447 EXCLUSION XX TOTAL POLLUTION CNA76448 EXCLUSION WITH XX HOSTILE FIRE EXCEPTION OWNED AUTOMOBILE CNA76449 LIABILITY EXCLUSION XX PERSONAL AND CNA76450 ADVERTISING INJURY XX LIMITATION PRODUCTS- CNA76451 COMPLETED XX OPERATIONS LIABILITY LIMITATION Edition Action Specific Readability Date Type Action Data Score Attachments END New CNA76440XX ( ).pdf END New CNA76441XX ( ).pdf END New CNA76442XX ( ).pdf END New CNA76444XX ( ).pdf END New CNA76445XX ( ).pdf END New CNA76446XX ( ).pdf END New CNA76447XX ( ).pdf END New CNA76448XX ( ).pdf END New CNA76449XX ( ).pdf END New CNA76450XX ( ).pdf END New CNA76451XX ( ).pdf PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
24 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Item Schedule Item No. Status 92 APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/2015 Name Number LIMITATION OF CNA76452 COVERAGE TO XX DESIGNATED PREMISES OR PROJECTS SILICA LIMITATION CNA76455 XX TECHNOLOGY CNA76456 SERVICES EXCLUSION XX WITH PROFESSIONAL LIABILITY LIMITATION REAL ESTATE CNA76457 PROPERTY MANAGED XX LIMITATION FOREIGN LIABILITY CNA76458 LIMITATION XX PERSONAL LIABILITY CNA76459 LIMITATION XX SWIMMING POOL CNA76460 LIABILITY LIMITATION XX FORECLOSED CNA76461 PROPERTY LIMITATION XX NONCONCURRENCY CNA76462 XX POLLUTION LIMITATION CNA76463 XX COMMUNICABLE CNA76464 DISEASE LIMITATION XX LEASED AUTOMOBILE CNA76465 LIABILITY LIMITATION XX Edition Action Specific Readability Date Type Action Data Score Attachments END New CNA76452XX ( ).pdf END New CNA76455XX ( ).pdf END New CNA76456XX ( ).pdf END New CNA76457XX ( ).pdf END New CNA76458XX ( ).pdf END New CNA76459XX ( ).pdf END New CNA76460XX ( ).pdf END New CNA76461XX ( ).pdf END New CNA76462XX ( ).pdf END New CNA76463XX ( ).pdf END New CNA76464XX ( ).pdf END New CNA76465XX ( ).pdf PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
25 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Item Schedule Item No. Status 104 APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/2015 Name COMMUNICABLE DISEASE LIMITATION SPECIFIED DISEASES AIRCRAFT OR WATERCRAFT LIMITATION AGGREGATE LIMIT STATE-SPECIFIC OPERATIONS LIMITATION ELECTRONIC DATA LIABILITY Number CNA76467 XX CNA76468 XX CNA76469 XX CNA76473 XX CNA76474 XX EMPLOYEES AND CNA76478 VOLUNTEER WORKERS XX AS INSUREDS EXCLUSION WAIVER OF IMMUNITY CNA76479 XX PROPERTY DAMAGE LIMITATION WAIVER OF GOVERNMENTAL IMMUNITY CNA76480 XX CNA76481 XX UNDERLYING CNA76492 INSURANCE COVERAGE XX LIMITATION TRUTH IN LENDING ACT LIABILITY EXCLUSION CNA76496 XX Edition Action Specific Readability Date Type Action Data Score Attachments END New CNA76467XX ( ).pdf END New CNA76468XX ( ).pdf END New CNA76469XX ( ).pdf END New CNA76473XX ( ).pdf END New CNA76474XX ( ).pdf END New CNA76478XX ( ).pdf END New CNA76479XX ( ).pdf END New CNA76480XX ( ).pdf END New CNA76481XX ( ).pdf END New CNA76492XX ( ).pdf END New CNA76496XX ( ).pdf PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
26 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Item Schedule Item No. Status 115 APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/2015 Name Number INTELLECTUAL CNA76498 PROPERTY EXCLUSION XX REQUIREMENTS OF INDEPENDENT COUNSEL CONTRACTORS LIMITATION UMBRELLA LIABILITY LIMITED WRAP-UP COVERAGE CONSTRUCTION LOAN EXCLUSION LIMITATION OF COVERAGE REAL ESTATE OPERATIONS ABSOLUTE ABUSE OR MOLESTATION LIMITATION FELLOW EMPLOYEE LIMITATION WASTE EXCLUSION TEXAS EMPLOYERS LIABILITY RETAINED AMOUNT CONTRACTORS LIMITATION UMBRELLA LIABILITY CNA76499 XX CNA76500 XX CNA76501 XX CNA76505 XX CNA76508 XX CNA76525 XX CNA76545 XX CNA76550 XX CNA76552 XX Edition Action Specific Readability Date Type Action Data Score Attachments END New CNA76498XX ( ).pdf END New CNA76499XX ( ).pdf END New CNA76500XX ( ).pdf END New CNA76501XX ( ).pdf END New CNA76505XX ( ).pdf END New CNA76508XX ( ).pdf END New CNA76525XX ( ).pdf END New CNA76545XX ( ).pdf END New CNA76550XX ( ).pdf END New CNA76552XX ( ).pdf PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
27 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Item Schedule Item No. Status 125 APPROVED 06/30/ RE-FILE UNDER FORMS 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/2015 Name UNDERGROUND STORAGE TANKS EXCLUSION ACT OF TERRORISM SELF-INSURED RETAINED AMOUNT FORMOTOR CARRIER POLICIES OF INSURANCE FOR PUBLIC LIABILITYUNDER SECTIONS 29 AND 30 OF THE MOTOR CARRIER ACT OF 1980 FUNGI OR OTHER ORGANIC PATHOGENS EXCLUSION TOTAL POLLUTION EXCLUSION WITH ALTERNATE POLLUTANTS DEFINITION Edition Action Specific Readability Number Date Type Action Data Score Attachments CNA END New CNA76577XX XX ( ).pdf CNA76600 XX END Withdrawn Previous Filing Number: Replaced Number: MCS-90 04/2000 END New MCS90 ( ).pdf CNA75562 XX CNA76482 XX RECOGNITION OF CNA76494 EROSION OF XX UNDERLYING LIMITS BY SUB-LIMITS NUCLEAR ENERGY LIABILITY EXCLUSION QUOTA SHARE EMPLOYER S LIABILITY EXCLUSION CNA76495 XX END New CNA75562XX ( ).pdf END New CNA76482XX ( ).pdf END New CNA76494XX ( ).pdf END New CNA76495XX ( ).pdf CNA76608 XX END New CNA76608XX ( ).pdf CNA END New CNA75576XX 75576XX ( ).pdf PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
28 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Item Schedule Item No. Status 134 APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/2015 Name Number CORRECTION OF WORK CNA75600 EXCLUSION XX SILICA EXCLUSION CNA76490 XX UNDERLYING CNA76491 INSURANCE COVERAGE XX EXTENSION EXCLUSION COVERAGE TERRITORY CNA76493 AMENDMENT XX PRODUCTS EXCLUSION METAL GAS EXCLUSION CNA76502 XX COVERAGE B COMMUNICABLE CNA76503 DISEASE EXCLUSION XX COVE RAGE B ELECTROMAGNETIC AND IONIZING RADIATION EXCLUSION COVERAGE B SUBSIDENCE EXCLUSION COVERAGE B CNA76504 XX CNA76506 XX CONSTRUCTION CNA76507 MANAGEMENT ERRORS XX AND OMISSIONS EXCLUSION COVERAGE B REAL ESTATE PROPERTY MANAGED EXCLUSION COVERAGE B CNA76509 XX Edition Action Specific Readability Date Type Action Data Score Attachments END New CNA75600XX ( ).pdf END New CNA76490XX ( ).pdf END New CNA76491XX ( ).pdf END New CNA76493XX ( ).pdf END New CNA76502XX ( ).pdf END New CNA76503XX ( ).pdf END New CNA76504XX ( ).pdf END New CNA76506XX ( ).pdf END New CNA76507XX ( ).pdf END New CNA76509XX ( ).pdf PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
29 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Item Schedule Item No. Status 144 APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/2015 Name ENGINEERS, ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY EXCLUSION COVERAGE B ABSOLUTE ABUSE OR MOLESTATION EXCLUSION COVERAGE B Number CNA76510 XX CNA76511 XX FORECLOSED CNA76512 PROPERTY EXCLUSION XX COVERAGE B TRAVEL AGENCY TOURS LIMITATION OF COVERAGE COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY EXCLUSION COVERAGE B POLYCHLORINATED BIPHENYLS (PCBs) EXCLUSION COVERAGE B MARITIME EMPLOYERS LIABILITY EXCLUSION COVERAGE B CNA76513 XX CNA76514 XX CNA76515 XX CNA76516 XX Edition Action Specific Readability Date Type Action Data Score Attachments END New CNA76510XX ( ).pdf END New CNA76511XX ( ).pdf END New CNA76512XX ( ).pdf END New CNA76513XX ( ).pdf END New CNA76514XX ( ).pdf END New CNA76515XX ( ).pdf END New CNA76516XX ( ).pdf PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
30 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Item Schedule Item No. Status 151 APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/2015 Name DIACETYL, FLAVORINGS, FRAGRANCES AND SPECIFIED SUBSTANCES EXCLUSION COVERAGE B PRESSURE TREATED WOOD EXCLUSION COVERAGE B RADIOACTIVE MATTER EXCLUSION COVERAGE B LEAD EXCLUSION COVERAGE B EXTERIOR INSULATION AND FINISH SYSTEMS EXCLUSION COVERAGE B DESIGNATED WORK EXCLUSION COVERAGE B EXCLUSION OF THE FAILURE TO ADEQUATELY PROVIDE SERVICE COVERAGE B FAILURE TO SUPPLY EXCLUSION COVERAGE B Number CNA76517 XX CNA76518 XX CNA76519 XX CNA76520 XX CNA76521 XX CNA76522 XX CNA76524 XX CNA76526 XX Edition Action Specific Readability Date Type Action Data Score Attachments END New CNA76517XX ( ).pdf END New CNA76518XX ( ).pdf END New CNA76519XX ( ).pdf END New CNA76520XX ( ).pdf END New CNA76521XX ( ).pdf END New CNA76522XX ( ).pdf END New CNA76524XX ( ).pdf END New CNA76526XX ( ).pdf PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
31 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Item Schedule Item No. Status 159 APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/2015 Name CONSTRUCTION LOAN EXCLUSION COVERAGE B Number CNA76527 XX LIMITATION OF CNA76528 COVERAGE TO XX DESIGNATED PREMISES OR PROJECT COVERAGE B AIRCRAFT EXCLUSION COVERAGE B PROFESSIONAL SERVICES EXCLUSION COVERAGE B DESIGNATED ENTITY EXCLUSION COVERAGE B CNA76529 XX CNA76530 XX CNA76531 XX DESIGNATED CNA76532 COVERAGE EXCLUSION XX COVERAGE B MISDELIVERY OF LIQUID PRODUCTS EXCLUSION COVERAGE B RESIDENTIAL CONVERSION EXCLUSION COVERAGE B CNA76533 XX CNA76534 XX Edition Action Specific Readability Date Type Action Data Score Attachments END New CNA76527XX ( ).pdf END New CNA76528XX ( ).pdf END New CNA76529XX ( ).pdf END New CNA76530XX ( ).pdf END New CNA76531XX ( ).pdf END New CNA76532XX ( ).pdf END New CNA76533XX ( ).pdf END New CNA76534XX ( ).pdf PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
32 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Item Schedule Item No. Status 167 APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/2015 Name Number CONSTRUCTION CNA76535 OPERATIONS OR REAL XX ESTATE DEVELOPMENT LIMITATION COVERAGE B DESIGNATED PROFESSIONAL SERVICES EXCLUSION COVERAGE B CNA76536 XX CONSTRUCTION CNA76537 OPERATIONS OR REAL XX ESTATE DEVELOPMENT EXCLUSION COVERAGE B ELECTRONIC DATA LIABILITY COVERAGE A PRINTERS AND PUBLISHERS ERRORS AND OMISSIONS EXCLUSION COVERAGE B SPECIAL EVENTS EXCLUSION COVERAGE B NANOTECHNOLOGY EXCLUSION COVERAGE B SPECIFIC COMMUNICABLE DISEASE EXCLUSION COVERAGE B CNA76538 XX CNA76539 XX CNA76540 XX CNA76541 XX CNA76542 XX Edition Action Specific Readability Date Type Action Data Score Attachments END New CNA76535XX ( ).pdf END New CNA76536XX ( ).pdf END New CNA76537XX ( ).pdf END New CNA76538XX ( ).pdf END New CNA76539XX ( ).pdf END New CNA76540XX ( ).pdf END New CNA76541XX ( ).pdf END New CNA76542XX ( ).pdf PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
33 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Item Schedule Item No. Status 175 APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/2015 Name TELECOMMUNICATION EQUIPMENT OR SERVICE PROVIDERS EXCLUSION COVERAGE B Number CNA76543 XX INTELLECTUAL CNA76544 PROPERTY EXCLUSION XX COVERAGE B WASTE EXCLUSION COVERAGE B WATERCRAFT EXCLUSION COVERAGE B PRODUCTS- COMPLETED OPERATIONS AND LEASED PRODUCTS EXCLUSION COVERAGE B DESIGNATED ONGOING OPERATIONS EXCLUSION COVERAGE B FINANCIAL SERVICE COMPANY AS INSURED EXCLUSION COVERAGE B TEXAS EMPLOYERS LIABILITY RETAINED AMOUNT COVERAGE B CNA76546 XX CNA76547 XX CNA76548 XX CNA76549 XX CNA76551 XX CNA76583 XX Edition Action Specific Readability Date Type Action Data Score Attachments END New CNA76543XX ( ).pdf END New CNA76544XX ( ).pdf END New CNA76546XX ( ).pdf END New CNA76547XX ( ).pdf END New CNA76548XX ( ).pdf END New CNA76549XX ( ).pdf END New CNA76551XX ( ).pdf END New CNA76583XX ( ).pdf PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
34 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Item Schedule Item No. Status 183 APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/2015 Name EXHAUSTION OF UNDERLYING LIMITS CONTRACTORS LIMITATION EXCESS AND UMBRELLA LIABILITY NOTICE OFFER OF TERRORISM COVERAGE; DISCLOSURE OF PREMIUM NOTICE OFFER OF TERRORISM COVERAGE; CONFIRMATION OF REJECTION OF COVERAGE; DISCLOSURE OF PREMIUM Number CNA76609 XX CNA75575 XX CNA75532 XX CNA75533 XX POLICY DECLARATIONS CNA75501 XX AMENDMENT OF CNA62649 POLICY DECLARATIONS XX AMENDMENT OF SCHEDULE ON SPECIFIED AMENDMENT OF FORMS AND S SCHEDULE ADDITION OR DELETION OF S CNA62656 XX CNA62673 XX Edition Action Specific Readability Date Type Action Data Score Attachments END New CNA76609XX ( ).pdf END New CNA75575XX ( ) 2.pdf DSC Withdrawn Previous Filing Number: Replaced Number: DSC Withdrawn Previous Filing Number: Replaced Number: DEC New CNA75501XX ( ) pdf END New CNA62649XX ( ).pdf END New CNA62656XX ( ).pdf END New CNA62673XX ( ).pdf PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
35 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Item Schedule Item No. Status 191 APPROVED 06/30/ APPROVED 06/30/ APPROVED 06/30/2015 Name AMENDMENT TO POLICY DECLARATIONS- NAMED INSURED DECLARATIONS AMENDATORY Number CNA62700 XX CNA71928 XX CANCELLATION AND CNA62814 NON-RENEWAL DC DISTRICT OF COLUMBIA Edition Action Specific Readability Date Type Action Data Score Attachments END New CNA62700XX ( ).pdf END New CNA71928XX ( ).pdf END New CNA62814DC ( ) pdf Type Legend: ABE Application/Binder/Enrollment ADV Advertising BND Bond CER Certificate CNR Canc/NonRen Notice DEC Declarations/Schedule DSC Disclosure/Notice END /Amendment/Conditions ERS Election/Rejection/Supplemental Applications OTH Other PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
36 PARAMOUNT UMBRELLA LIABILITY POLICY Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights, duties and what is and is not covered. The Insurer refers to the insurer providing this insurance as set forth on the Declarations of this Policy. Words and phrases that appear in bold have special meaning. Refer to the section entitled DEFINITIONS. I. COVERAGES A. Coverage A Umbrella Liability The Insurer will pay on behalf of the Insured those damages in excess of the retained amount that an Insured becomes legally obligated to pay because of: 1. bodily injury, property damage or personal and advertising injury; 2. liability for bodily injury or property damage assumed under an insured contract, provided the bodily injury or property damage occurs subsequent to the execution of such insured contract; or 3. a negligent act, error or omission committed in the administration of the Named Insured s employee benefit program but only if and to the extent that such liability is covered by underlying insurance: and provided that: a. the bodily injury or property damage occurs during the policy period; b. the bodily injury or property damage is caused by an occurrence that takes place in the coverage territory; c. the personal and advertising injury is caused by an offense arising out of the Named Insured s business; d. the offense giving rise to personal and advertising injury was first committed during the policy period and in the coverage territory; and e. with respect to claims covered pursuant to paragraph 3. above: i. if the applicable underlying insurance is on an occurrence basis, the negligent act, error or omission committed in the administration of the Named Insured s employee benefit program occurs during the policy period; or ii. if the applicable underlying insurance is on a claims made basis: (a) the negligent act, error or omission committed in the administration of the Named Insured s employee benefit program occurs on or after any retroactive date under the underlying insurance and prior to the end of the policy period; and (b) the claim or suit for such negligent act, error or omission is first brought during the policy period. Provided, however, that this insurance applies only if prior to the effective date of the policy period, no authorized insured: (1) knew that such bodily injury or property damage had occurred, in whole or in part. If any authorized insured knew, prior to the policy period, that any such bodily injury or property damage had 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; or No: CNA75500XX ( ) [FORMTYPE] ; Page: a of b
37 (2) knew that any offense giving rise to personal and advertising injury had occurred, in whole or in part. Bodily injury or property damage which occurs during the policy period and was not, prior to the policy period, known to have occurred by any authorized insured, includes any continuation, change or resumption of that bodily injury or property damage after the end of the policy period. An authorized insured will be deemed to know: 1. that such bodily injury or property damage occurred, at the earliest time when such authorized insured: a. reports the bodily injury or property damage to the Insurer or any other insurer; b. receives a claim arising out of the bodily injury or property damage; or c. becomes aware by any other means that the bodily injury or property damage has occurred or has begun to occur; 2. that such offense giving rise to personal and advertising injury occurred, on the date of the first utterance or dissemination or, if there is no utterance or dissemination on the first date of the activity giving rise to a claim. If prevented by law from paying the above described damages on behalf of the Insured, then the Insurer will, where permitted by law, indemnify the Insured for those damages. B. Coverage B Crisis Management Expenses The Insurer will reimburse the Named Insured for crisis management expenses incurred by the Named Insured as a direct result of its response to a crisis management event that first occurs during the policy period, provided: 1. such crisis management event is reported to the Insurer as soon as reasonably practicable following the crisis management event, or within 72 hours after such crisis management event begins if such crisis management event is likely to give rise to bodily injury or property damage; 2. such crisis management expenses are incurred within 180 days after the crisis management event and reported to the Insurer as soon as reasonably practicable; and, 3. such crisis management expenses are approved in advance by the Insurer. The period of time for which the Insurer will pay crisis management expenses will not be limited by the expiration of the policy period. C. Coverage C Key Employee The Insurer will reimburse the Named Insured for key employee replacement expenses due to the Named Insured s permanent loss of the services of a key employee provided that: 1. the Named Insured would not have incurred such key employee replacement expenses if the Named Insured had not lost the services of the key employee; 2. such key employee replacement expenses are incurred by the Named Insured within 180 days of the covered accident and reported to the Insurer as soon as reasonably practicable; 3. such loss of service is caused by a covered accident; 4. the covered accident occurs during the policy period; and 5. a replacement for such key employee is hired within 180 days after the covered accident. The period of time for which the Insurer will pay key employee replacement expenses will not be limited by the expiration of the policy period. No: CNA75500XX ( ) [FORMTYPE] ; Page: a of b
38 II. DEFENSE COSTS PAYMENT AND RELATED DUTIES A. The Insurer has the: 1. right and duty to defend any suit against the Insured; and 2. right to investigate and settle any claim upon receipt by the Insurer of a claim to which Coverage A Umbrella Liability applies. When the Insurer has the duty to defend any suit and the right to investigate any claim but is prevented by law from doing so, the Insured will undertake such defense and investigation, and the Insurer will reimburse the Insured for the defense costs. The Insurer s obligation to defend any suit, or investigate any claim does not apply if any other insurer has a duty to defend. Further, any obligation to defend ceases upon exhaustion of the limits of insurance of this Policy. B. The Insurer may, at the Insurer s sole discretion and at the Insurer s own cost, elect to participate in the investigation, settlement or defense of any claim against any of the Insureds for matters covered by this Policy even if the applicable underlying limit has not been exhausted. C. The Insurer will pay defense costs with respect to a claim it investigates or settles, or a suit against the Insured it defends. Defense costs paid by the Insurer are in excess of and do not erode the limits of insurance or the self-insured retention as set forth in the Declarations of this Policy. Provided, however, if expenses incurred to investigate any claim or defend any suit reduce the applicable limits of the underlying insurance, then defense costs will reduce the applicable limits of insurance of this Policy. D. Where the Insurer investigates a claim or defends a suit, the Insurer will do so even if the allegations of a claim are groundless, false, or fraudulent, but only until the Insurer: 1. makes payment; or 2. offers to pay; or 3. deposits in court, that part of a judgment not exceeding the Insurer s limits of insurance. E. No Insured shall admit liability, consent to any judgment, agree to any settlement or make any settlement offer which is reasonably likely to involve this Policy without the Insurer s prior written consent, such consent not to be unreasonably withheld. The Insureds agree that they shall not knowingly take any action that increases the Insurer s exposure for damages or defense costs under this Policy. III. EXCLUSIONS A. Coverage A - Umbrella Liability Exclusions With respect to Coverage A- Umbrella Liability, this insurance does not apply to: 1. Access to or Disclosure of Confidential or Personal Information and Data-Related Liability any actual or alleged damages arising out of: a. any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or b. the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. No: CNA75500XX ( ) [FORMTYPE] ; Page: a of b
39 This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in paragraph a. or b. above. However, unless paragraph a. above applies, this exclusion does not apply to liability for bodily injury to the extent such liability is covered by underlying insurance. 2. Aircraft or Watercraft any actual or alleged bodily injury, property damage, or personal and advertising injury arising out of the ownership, maintenance, operation, use, loading or unloading or entrustment to others of any: a. aircraft owned by any Insured or rented, loaned or chartered by or on behalf of any Insured without crew; or b. watercraft. This exclusion applies even if such claim against an Insured alleges negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured. This exclusion does not apply to: i. watercraft while ashore on premises the Named Insured owns or rents; ii. watercraft the Named Insured does not own that is: (a) less than 55 feet long; and (b) not being used to carry persons or property for a charge; or iii. liability assumed under any insured contract for the ownership, maintenance or use of watercraft. 3. Asbestos a. any actual or alleged bodily injury, property damage, or personal and advertising injury arising out of any actual, alleged or threatened exposure at any time to asbestos; or b. any actual or alleged loss, cost or expense that may be awarded or incurred: i. by reason of a claim for any such injury or damage; or ii. in complying with a governmental direction or request to test for, monitor, clean up, remove, contain or dispose of asbestos. 4. Auto or Mobile Equipment any actual or alleged bodily injury, property damage, or personal and advertising injury arising out of the ownership, maintenance, operation, use, loading or unloading or entrustment to others of any auto or mobile equipment. This exclusion applies even if such claim against an Insured alleges negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured. However, this exclusion does not apply to the extent such liability is covered by underlying insurance. 5. Contractual Liability any actual or alleged bodily injury, property damage or personal and advertising injury for which an Insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than an insured contract. This exclusion does not apply to liability that the Insured would have in the absence of such contract or agreement. No: CNA75500XX ( ) [FORMTYPE] ; Page: a of b
40 6. Damage to Impaired Property or Property not Physically Injured any actual or alleged property damage to impaired property or property that has not been physically injured, arising out of: a. a defect, deficiency, inadequacy or dangerous condition in your product or your work; or b. a delay or failure by the Named Insured or anyone acting on the Named Insured s behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. 7. Damage to Property any actual or alleged property damage to: a. property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by the Named Insured, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another s property; b. premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; c. property loaned to the Named Insured; d. personal property in the care, custody or control of an Insured; e. that particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on its behalf are performing operations, if the property damage arises out of those operations; or f. that particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraph b. of this exclusion does not apply if the premises are your work and were never occupied, rented or held for rental by the Named Insured. Paragraphs c., d., e. and f. of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph f. of this exclusion does not apply to property damage included in the productscompleted operations hazard. 8. Damage to Your product any actual or alleged property damage to your product arising out of it or any part of it. 9. Damage to Your work any actual or alleged property damage to your work arising out of it or any part of it and included in the products-completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on the Named Insured s behalf by a subcontractor. 10. Distribution or Recording of Material or Information in Violation of Laws any actual or alleged bodily injury, property damage or personal and advertising injury arising directly or indirectly out of any actual or alleged: No: CNA75500XX ( ) [FORMTYPE] ; Page: a of b
41 a. violation of: i. the Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; ii. the CAN-SPAM Act of 2003, including any amendment of or addition to such law; iii. the Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or iv. any statute, ordinance, regulation or law other than the TCPA, CAN-SPAM Act of 2003, or FCRA, including FACTA, and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information; or b. conversion or consumption of another s tangible property or electronic assets. For the purpose of this provision, electronic assets include but are not limited to minute allowances, text message allowances, and other electronic consumables. 11. Employment Related Practices any actual or alleged bodily injury or personal and advertising injury to: a. a person arising out of any actual or alleged: i. refusal to employ that person; ii. termination of that person s employment; iii. employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person; or b. the spouse, child, parent, brother or sister of that person as a consequence of such bodily injury or personal and advertising injury to that person at whom any of the employment-related practices described in paragraphs a. i., ii., or iii. above is directed. This exclusion applies: (a) whether the injury-causing event described in paragraphs a.i., ii., or iii. above occurs before employment, during employment or after employment of that person; (b) whether the Insured may be liable as an employer or in any other capacity; and (c) to any obligation to share damages with or repay someone else who must pay damages because of the injury. 12. Employee Injury any actual or alleged bodily injury or personal and advertising injury to: a. an employee arising out of and in the course of employment by the Insured or performing duties related to the conduct of the Insured s business; or b. the spouse, child, parent, brother or sister of that employee as a consequence of a. above. This exclusion applies: i. whether an Insured may be liable as an employer or in any other capacity; and ii. to any obligation to share damages with or repay someone else who must pay damages because of the injury. No: CNA75500XX ( ) [FORMTYPE] ; Page: a of b
42 This exclusion does not apply to: (a) liability assumed by the Insured under an insured contract; or (b) to the extent such liability is covered by underlying insurance. 13. ERISA any actual or alleged obligation of any Insured under the Employees Retirement Income Security Act of 1974 or any similar common or statutory law anywhere in the world including any amendments or additions thereto. 14. Expected or Intended injury any actual or alleged bodily injury or property damage arising out of an act or omission: a. intended by an Insured; or b. that would be expected from the standpoint of a reasonable person in the circumstances of the Insured; to cause bodily injury or property damage, even if the actual bodily injury or property damage is of a different degree or type than intended or expected. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 15. Fungi or Other Organic Pathogens a. any actual or alleged bodily injury, property damage or personal and advertising injury arising out of any actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or growth or presence of any fungi or other organic pathogens; b. any actual or alleged loss, cost or expense arising out of or relating to the 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 fungi or other organic pathogens by any Insured or by anyone else; or c. any actual or alleged property damage caused by water where there also exists any property damage arising out of or relating to, in whole or in part, the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or growth or presence of any fungi or other organic pathogens. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage, loss, cost or expense. 16. Liquor Liability any actual or alleged bodily injury or property damage for which any Insured may be held liable by reason of: a. causing or contributing to the intoxication of any person including causing or contributing to the intoxication of any person because alcoholic beverages were permitted to be brought on the Insured s premises for consumption on the Insured s premises; b. the furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or c. any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. No: CNA75500XX ( ) [FORMTYPE] ; Page: a of b
43 This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in: i. the supervision, hiring, employment, training or monitoring of others by that Insured; or ii. providing or failing to provide transportation with respect to any person that may be under the influence of alcohol, if the occurrence which caused the bodily injury or property damage involved that which is described in paragraph a., b. or c. above. However, this exclusion does not apply to the extent such liability is covered by underlying insurance. 17. Nonemployment Related Discrimination any actual or alleged personal and advertising injury arising out of any actual or alleged nonemployment related discrimination committed intentionally against a person. 18. Nuclear Energy Liability any actual or alleged bodily injury, property damage or personal and advertising injury: a. with respect to which an Insured under this 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 insurance; b. resulting from the hazardous properties of nuclear material and with respect to which: i. any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or ii. 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; or c. resulting from hazardous properties of nuclear material, if: i. 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 therefrom; ii. the nuclear material is contained in spent fuel or nuclear waste at any time possessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an Insured; or iii. the bodily injury, property damage or personal and advertising injury 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 applies only to property damage to such nuclear facility and any property thereat; and d. under any Medical Payments coverage, to expenses 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. No: CNA75500XX ( ) [FORMTYPE] ; Page: a of b
44 Solely as used in this exclusion: (1) property damage includes all forms of radioactive contamination of property; (2) hazardous properties includes but is not limited to radioactive, toxic or explosive properties; (3) 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; (4) spent fuel means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor. 19. Personal and Advertising Injury any actual or alleged personal and advertising injury: a. Breach of Contract arising out of breach of contract, except an implied contract to use another's advertising idea in the Named Insured s advertisement. b. Criminal Acts or Conduct arising out of any actual or alleged criminal act or omission committed by or at the direction of any Insured. This exclusion does not apply to the extent liability is imposed upon the Insured for acts or omissions of another committed without the knowledge or consent of the Insured. c. Electronic Chat Rooms or Bulletin Boards arising out of an electronic chat room or bulletin board the Insured hosts, owns, or over which the Insured exercises control. d. Infringement of Copyright, Patent, Trademark or Trade Secret arising out of infringement of copyright, patent, trademark, trade secret or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another's advertising idea in the Named Insured s advertisement. However, this exclusion does not apply to infringement of copyright, trade dress or slogan in the Named Insured s advertisement. e. Insureds in Media and Internet Type Businesses committed by an Insured whose business is: i. advertising, broadcasting, publishing or telecasting; ii. designing or determining content or web-sites for others; or iii. an Internet search, access, content or service provider. However, this exclusion does not apply to paragraph A., B. or C. of personal and advertising injury as defined in the section entitled Definitions. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for the Named Insured or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. f. Knowing Violation of Rights of Another caused by an actual or alleged offense, act or omission by or at the direction of the Insured if the Insured knew or should have known that such offense, act or omission would cause such personal and advertising injury. No: CNA75500XX ( ) [FORMTYPE] ; Page: a of b
45 g. Material Published Prior To Policy Period arising out of oral or written publication, in any manner, of material whose first publication took place before the beginning of the policy period. h. Material Published with Knowledge of Falsity arising out of written publication in any manner of material, if the Insured knew or should have known the material was false. i. Quality or Performance of Goods Failure to Conform to Statements arising out of any failure of goods, products or services to conform to any statement of quality or performance made in the Named Insured s advertisement. j. Unauthorized Use of Another's Name or Product arising out of unauthorized use of another's name or product in the Named Insured s address, domain name or metatag, or any other similar tactics to mislead another's potential customers. k. Wrong Description of Prices arising out of the wrong description of the price of goods, products or services stated in the Named Insured s advertisement. 20. Pollution a. any actual or alleged bodily injury or property damage arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants: i. at or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any Insured except that this subparagraph does not apply to: (a) bodily injury or property damage arising out of heat, smoke or fumes from a hostile fire; or (b) bodily injury if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building s occupants or their guests; ii. at or from any premises, site or location which is or was at any time used by or for any Insured or others for the handling, storage, disposal, processing or treatment of waste; iii. which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for any Insured or any person or organization for whom the Named Insured may be legally responsible; or iv. at or from any premises, site or location on which any Insured or any contractors or subcontractors working directly or indirectly on any Insured's behalf are performing operations: (a) If the pollutants are brought on or to the premises, site or location in connection with such operations by such Insured, contractor or subcontractor; except that this subparagraph does not apply to bodily injury or property damage arising out of: (1) the escape of fuels, lubricants, or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for operation of mobile equipment or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. No: CNA75500XX ( ) [FORMTYPE] ; Page: a of b
46 This exception does not apply if the bodily injury or property damage arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such Insured, contractor or subcontractor; or (2) heat, smoke or fumes from a hostile fire; or (b) If the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; v. that are, or that are contained in property that is: (a) being transported or towed by, or handled for movement into, onto or from a covered auto; (b) otherwise in the course of transit; or (c) being stored, disposed of, treated or processed in or upon the covered auto except that this subparagraph does not apply to fuels, lubricants, fluids, exhaust, gases or other similar Pollutants that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered auto or its parts if the pollutants escape or are discharged, dispersed or released directly from an auto part designed by its manufacturer to hold, store, receive or dispose of such pollutants; vi. before the pollutants or property in which the pollutants are contained are moved from the place where they are accepted by the Insured for movement into or onto the covered auto; or vii. after the pollutants or property in which the pollutants are contained are moved from the covered auto to the place where they are finally delivered, disposed of or abandoned by the Insured. Subparagraphs vi. and vii. do not apply if the pollutants or property in which the pollutants are contained are upset, overturned or damaged as a result of the maintenance or use of a covered auto and the discharge, dispersal, release or escape of the pollutants is caused directly by such upset, overturn or damage. b. any actual or alleged personal and advertising injury arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time. c. any actual or alleged loss, cost or expense arising out of any: i. 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 ii. claim 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. However, if liability for damages because of property damage is not excluded by paragraph a. above of this exclusion, then neither will paragraph c. above serve to exclude such damages. 21. Recall of Products, Work or Impaired Property any actual or alleged loss, cost or expense incurred by the Named Insured or any person or entity for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of your product, your work or impaired property, if such product, work, or property is No: CNA75500XX ( ) [FORMTYPE] ; Page: a of b
47 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. 22. Silica a. any actual or alleged bodily injury arising, in whole or in part, out of the actual, alleged or threatened respiration or ingestion at any time of silica; or b. any actual or alleged property damage arising in whole or in part out of the actual, alleged or threatened presence of silica. c. any actual or alleged personal and advertising injury arising, in whole or in part, out of the actual, alleged or threatened: silica. 23. Terrorism i. exposure at any time to; or ii. presence at any time of; any actual or alleged bodily Injury, property damage or personal and advertising injury arising out of any act of terrorism. However, this exclusion does not apply to the extent such liability is covered by underlying insurance. 24. Unfair Competition/Antitrust Claims/RICO Claims any actual or alleged liability arising out of: a. unfair competition, dilution, deceptive trade practices, or civil actions for consumer fraud; b. charges of price fixing, monopolization or restraint of trade; or c. any violation of: i. the Federal Trade Commission Act; ii. the Sherman Act, the Clayton Act, or any federal statutory provision regarding anti-trust, monopoly, price fixing, price discrimination, predatory pricing or restraint of trade; iii. the Racketeer Influenced and Corrupt Organizations Act; iv. any rules or regulations promulgated under or in connection with the above statutes; or v. any state, federal or local statute or other law which similarly regulates business practices. 25. Uninsured/Underinsured Motorists any actual or alleged obligations under an uninsured/underinsured motorist law, a personal injury protection law, a reparations benefit law or other similar law. 26. War any actual or alleged bodily injury, property damage or personal and advertising injury, however caused, arising, directly or indirectly, out of any: a. war, including undeclared or civil war; b. 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 No: CNA75500XX ( ) [FORMTYPE] ; Page: a of b
48 c. insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. 27. Workers Compensation and Similar Laws /Nonsubscriber Status any actual or alleged obligation of any Insured: a. under a workers compensation, disability benefits or unemployment compensation law or any similar law. b. by reason of a statement of non-subscription on file with any applicable Worker s Compensation authority of any State indicating the Named Insured has chosen not to participate in the Workers Compensation system in accordance with laws of such state. B. Coverage C - Key Employee Exclusions With respect to Coverage C Key Employee, this insurance does not apply to any actual or alleged: 1. Death or Disability death or permanent disability of a key employee relating to, or arising out of: a. nuclear reaction or radiation or radioactive contamination, however caused; b. sickness or disease, including mental illness or mental injury; c. pregnancy, childbirth, miscarriage or abortion; d. suicide, attempted suicide or self inflicted bodily injury, while sane or insane; e. the key employee s intoxication, impairment or otherwise being under the influence of alcohol or controlled substances; f. war, including undeclared or civil war; g. 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 h. insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. 2. Other Expenses a. expenses the Named Insured incurs which the Named Insured would not have incurred if the Named Insured had used all reasonable means to: i. find a permanent replacement for the key employee; and ii. reduce or discontinue the key employee replacement expense; as soon as possible after the Named Insured s permanent loss of the services of the key employee caused by a covered accident. b. additional expenses incurred due to the Named Insured s loss of the services of a permanent replacement appointed or hired to replace a key employee, however caused. However, this exclusion does not apply if the replacement employee is included in the definition of a key employee and the Named Insured s loss of the services of the replacement employee is caused by a covered accident. IV. WHO IS AN INSURED The following persons or organizations are Insureds. No: CNA75500XX ( ) [FORMTYPE] ; Page: a of b
49 A. With respect to the Coverage A - Umbrella Liability: 1. If the Named Insured is designated in the Declarations of this Policy as: a. an individual, the Named Insured and the Named Insured s spouse are Insureds, but only with respect to the conduct of a business of which the Named Insured is the sole owner. b. a partnership or joint venture, the Named Insured is an Insured. The Named Insured s members, the Named Insured s partners, and their spouses are also Insureds, but only with respect to the conduct of the Named Insured s business. c. a limited liability company, the Named Insured is an Insured. The Named Insured s members are also Insureds, but only with respect to the conduct of the Named Insured s business. The Named Insured s managers are Insureds, but only with respect to their duties as the Named Insured s managers. d. an organization other than a partnership, joint venture or limited liability company, the Named Insured is an Insured. The Named Insured s executive officers and directors are Insureds, but only with respect to their duties as the Named Insured s officers or directors. The Named Insured s stockholders are also Insureds, but only with respect to their liability as stockholders. e. a trust, the Named Insured is an Insured. The Named Insured s trustees are also Insureds, but only with respect to their duties as trustees. 2. Each of the following is also an Insured: a. The Named Insured s volunteer workers but only while performing duties related to the conduct of the Named Insured s business. b. The Named Insured s employees, other than either the Named Insured s executive officers (if the Named Insured is an organization other than a partnership, joint venture or limited liability company) or the Named Insured s managers (if the Named Insured is a limited liability company), but only for acts within the scope of their employment by the Named Insured or while performing duties related to the conduct of the Named Insured s business. However, none of these employees or volunteer workers is an Insured for: i. bodily injury or personal and advertising injury: (a) to the Named Insured, to the Named Insured s partners or members (if the Named Insured is a partnership or joint venture), to the Named Insured s members (if the Named Insured is a limited liability company), to a co-employee while in the course of his or her employment or performing duties related to the conduct of the Named Insured s business, or to the Named Insured s other volunteer workers while performing duties related to the conduct of the Named Insured s business; (b) to the spouse, child, parent, brother or sister of that co-employee or volunteer worker as a consequence of paragraph i.(a). above; (c) for which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph i.(a) or (b) above; or (d) arising out of his or her providing or failing to provide professional health care services. ii. property damage to property: (a) owned, occupied or used by; (b) rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; No: CNA75500XX ( ) [FORMTYPE] ; Page: a of b
50 the Named Insured, any of the Named Insured s employees, volunteer workers, any partner or member (if the Named Insured is a partnership or joint venture), or any member (if the Named Insured is a limited liability company). c. Any organization, other than a partnership, joint venture or limited liability company, the Named Insured acquires, forms or gains management control of during the policy period, but only with respect to bodily injury, property damage, personal and advertising injury, crisis management events and covered accidents that occur after the Named Insured acquires, forms or gains control of the organization. However, no person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations of this Policy. d. A person or organization for whom a Named Insured is required, by virtue of a written contract entered into prior to bodily injury or property damage occurring, to provide the insurance that is afforded by Coverage A Umbrella Liability. This insurance applies only to bodily injury or property damage arising out of your work or facilities the Named Insured owns or uses, and subject to the following conditions: i. if the written contract specifies limits of insurance that are equal to or less than the limits of insurance provided by the underlying insurance, then no coverage is provided to that person or organization under this Policy; or ii. if the written contract specifies limits of insurance that are greater than the limits of insurance provided by the underlying insurance, then this insurance is excess over the insurance provided by the underlying insurance. The limits of insurance provided under this Policy to that person or organization are the lesser of: (a) the limits of insurance specified in the written contract less the limits of the underlying insurance; or (b) the limits of insurance of this Policy; and iii. if paragraph ii. above applies, the coverage provided to that person or organization under this Policy is no broader than: (a) the maximum permitted by law; (b) that required by such contract; or (c) that afforded to the Named Insured under this Policy whichever is less. e. Any other person or organization not described above that is included as an insured under the provisions of underlying insurance and then only for coverage, except for limits of insurance, that is no broader than that afforded under such underlying insurance. B. With respect to the Coverage B - Crisis Management Expenses and the Coverage C - Key Employee, the Named Insured is the Insured. V. LIMITS OF INSURANCE A. Multiple Insureds, claims, claimants The limits of insurance shown in the Declarations of this Policy and the rules below fix the most the Insurer will pay regardless of the number of: No: CNA75500XX ( ) [FORMTYPE] ; Page: a of b
51 1. Insureds; 2. claims made or brought against the Insured; 3. persons or organizations making claims or bringing claims; and 4. coverages under this Policy. B. Aggregate Limit Subject to paragraphs D. and E. below, the limit of insurance shown in the Declarations of this Policy as the Aggregate limit is the most that the Insurer will pay as damages under this Policy except for: 1. damages covered by any auto liability policy listed in the Schedule of Underlying Insurance where the limits of insurance of such auto liability policy are not aggregated; and 2. damages covered under the products-completed operations hazard. The Aggregate limit shown in the Declarations of this Policy shall be applied in the same manner as the applicable Aggregate limits in the Underlying Insurance. C. Aggregate Products-Completed Operations Hazard Subject to paragraphs D. and E. below, the limit of insurance shown in the Declarations of this Policy as the Aggregate Products-Completed Operations Hazard limit is the most that the Insurer will pay as damages arising out of the products-completed operations hazard. D. Policy Aggregate Limit Subject to paragraphs B. and C. above and paragraph E. below, the Policy Aggregate is the most the Insurer will pay as damages under this Policy, except for damages covered by any auto liability policy listed in the Schedule of Underlying Insurance where the limits of insurance for such auto liability policy are not aggregated. E. Each Incident Subject to paragraphs B., C. and D. above, the limit of insurance shown in the Declarations of this Policy as the Each Incident limit is the most the Insurer will pay for the sum of all damages arising out of any one incident under this Policy. F. Crisis Management Solely with respect to Coverage B Crisis Management Expenses, the most the Insurer will pay is the limit of insurance shown on the Declarations of this Policy as the Crisis Management Expenses Aggregate limit, regardless of the number crisis management events for which crisis management expenses are incurred. Crisis management expenses are not subject to the retained amount. The Crisis Management Expenses Aggregate limit of insurance is in addition to and will not erode any other limits of this Policy. The Crisis Management Expenses Aggregate limit of insurance shall be excess of any other limits of insurance available to the Insured for the same expenses. G. Key Employee Replacement Expenses Solely with respect to Coverage C Key Employee, the most the Insurer will pay for key employee replacement expenses is the Key Employee Aggregate limit shown on the Declarations of this Policy, regardless of the number key employees for which key employee replacement expenses are incurred. Key employee replacement expenses are not subject to the retained amount. The Key Employee Replacement Expenses Aggregate limit of insurance is in addition to and will not erode any other limits of this Policy. The Key Employee Replacement Expenses Aggregate limit of insurance shall be excess of any other limits of insurance available to the Insured for the same expenses. No: CNA75500XX ( ) [FORMTYPE] ; Page: a of b
52 H. Application of Limits of Insurance The limits of insurance apply to the entire policy period, regardless of length. I. Exhaustion or Reduction of Applicable Underlying Limit In the event of reduction or exhaustion of the total applicable limits of underlying insurance solely by payment of loss covered by this policy (including related costs and expenses (if such related costs and expense reduce such limits), this policy shall: 1. apply in excess of the reduction of such insurance; or 2. apply in place of the exhausted amount of such insurance. If any loss covered under any underlying insurance is subject to a sub-limit (whether or not such sublimit erodes the limits generally available to all claims), then the underlying limits shall not be deemed depleted by payment of any such sub-limits. Nothing herein shall serve to increase the limits of insurance shown in the Declarations of this Policy. VI. CONDITIONS A. Appeals If the Named Insured or its underlying insurers elect not to appeal a judgment in excess of the limits of insurance afforded by the underlying insurance, then the Insurer may elect to appeal at the Insurer s expense. The Insurer s limits of insurance shall not be increased because of such appeal. However, the Insurer will pay the following costs and expenses: 1. all premium bonds to release attachments for an amount not in excess of the applicable limit of insurance of this policy; 2. all premiums on appeal bonds required in such defended claims, but without obligation to apply for or furnish such bonds; 3. court fees; and 4. costs and expenses taxed against the Named Insured by the appellate court and interest accruing after entry of a judgment against the Named Insured and before the Insurer has paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance of this Policy. Where the underlying insurers terminate their liability to pay interest on the judgment by an offer to pay their limits, the Named Insured shall demand that such limits be paid. If the appeal is successful, such amounts not obligated to be paid shall be returned to such underlying insurer. B. Cancellation and Nonrenewal The Cancellation/Nonrenewal provisions are as set forth in the Cancellation/Nonrenewal attached to this Policy. C. Changes to the Policy Notice to any of the Insurer s agents or knowledge possessed by any such agent or any other person shall not act as a waiver or change in any part of this Policy, nor will such notice prevent the Insurer from asserting any rights under the provisions of this Policy. None of the provisions of this Policy will be waived, changed or modified except by written endorsement issued by the Insurer to form a part of this Policy. D. Concealment, Misrepresentation and Fraud No concealment, misrepresentation or fraud shall avoid or defeat recovery under this Policy unless such concealment, misrepresentation or fraud was material. Concealment, misrepresentation or fraud in the procurement of this Policy which if known by the Insurer would have led to refusal by the Insurer to No: CNA75500XX ( ) [FORMTYPE] ; Page: a of b
53 make this contract or provide coverage, or to make this contract or provide coverage on different terms or conditions, will be deemed material. E. Duties of the First Named Insured on the Declarations of this Policy The First Named Insured, on behalf of all others, will be: 1. authorized to make changes in the terms of this Policy with the consent of the Insurer; 2. the payee of any premiums the Insurer refunds; 3. responsible for: a. remitting the payment of all premiums due, but all Named Insureds jointly and severally agree to make such payments in full if the First Named Insured fails to pay the amount due within 10 days after the Insurer give written notice or demand; b. keeping records of the information the Insurer requires for premium computation, and sending copies of such records at such times as requested by the Insurer; c. notifying the Insurer that the First Named Insured on behalf of all others wants to cancel this Policy; and d. providing any notice required under this Policy. F. Economic and Trade Sanctions This Policy does not provide coverage for an Insured, transaction or that part of loss that is uninsurable under the laws or regulations of the United States concerning trade or economic sanctions. G. Entire Contract By acceptance of this Policy, the Insureds agree that this Policy, including all endorsements to this Policy, constitute the entire contract existing between the parties relating to this insurance. H. Estates, Legal Representatives and Spouses The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this Policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such provided however that this sentence does not apply to the spouse of: 1. a sole proprietorship Named Insured; or 2. members or partners of joint venture or partnership Named Insureds. I. Examination of the Named Insured s Books and Records The Insurer may examine and audit the Named Insured s books and records as they relate to this Policy at any time during the policy period and up to 3 years afterward. J. Financial Impairment Bankruptcy, rehabilitation, receivership, liquidation or other financial impairment of the Named Insured or an underlying insurer shall neither relieve nor increase any of the Insurer s obligations under this Policy. In the event there is diminished recovery or no recovery available to the Named Insured as a result of financial impairment of an underlying insurer, the coverage under this Policy shall apply only in excess No: CNA75500XX ( ) [FORMTYPE] ; Page: a of b
54 of the underlying limits. Under no circumstances shall the Insurer be required to drop down and replace the underlying limits, or assume the obligations of the Named Insured or the financially impaired insurer. K. Headings The description in the headings and subheadings of this Policy is solely for convenience, and forms no part of the terms and conditions of coverage. L. Inspections and Surveys The Insurer has the right but is not obligated to: 1. make inspections and surveys at any time; 2. give the Named Insured reports on the conditions it finds; 3. recommend changes; or 4. conduct loss control and prevention activity. Any inspections, surveys, reports, or recommendations relate only to insurability and the premiums to be charged. The Insurer does not: a. make safety inspections; b. undertake to perform the duty of any organization to provide for the health or safety of workers or the public; nor c. warrant that conditions are safe or healthful or comply with laws, regulations, codes or standards. This provision applies not only to the Insurer, but also to any rating, advisory, rate service, or similar organization which makes insurance inspections, surveys, recommendations, reports, or gives loss control or prevention advice, on its behalf. M. Legal Action Limitation No person or organization has a right under this Policy: 1. to join the Insurer as a party or otherwise bring the Insurer into a suit asking for damages from an Insured; or 2. to sue the Insurer on this Policy unless all of its terms have been fully complied with. A person or organization may sue the Insurer to recover on an agreed settlement or on a final judgment against an Insured; but the Insurer will not be liable for damages that are not payable under the terms of this Policy or are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by the Insurer, the Insured and the claimant or the claimant s legal representative. N. Maintenance of Underlying Insurance While this Policy is in force the First Named Insured agrees that the underlying insurance and renewals and replacements thereof shall be maintained, without alterations of terms or conditions, in full effect during the term of this Policy; except for reduction or exhaustion of the limits of insurance in the underlying insurance, provided that such reduction or exhaustion results solely because of incidents covered under this Policy. If the First Named Insured fails to maintain underlying insurance, this condition shall not invalidate this Policy. However, in the event of such failure, the Insurer will only be liable to the same extent as if such underlying insurance was in full force and effect without alteration of its terms and conditions. No: CNA75500XX ( ) [FORMTYPE] ; Page: a of b
55 O. Notice of Claims/Crisis Management Event/Covered Accident 1. It is a condition precedent to coverage under this Policy that: a. subject to paragraph b. below, the Insured notify the Insurer as soon as practicable of an incident which an Insured believes may result in a claim. To the extent possible, notice should include: i. how, when and where the incident took place; ii. the names and addresses of any injured persons and witnesses; and iii. the nature and location of any injury or damage arising out of the incident. b. the Insured notify the Insurer as soon as practicable of an incident if it involves: i. a demand against the Insured which exceeds 50% of any remaining applicable underlying limit; ii. any underlying insurance reserve or monetary exposure exceeding $500,000; or iii. any of the following: (a) brain damage, including but not limited to any neurological impairment of infants or adults and coma; (b) spinal cord injury, including but not limited to paraplegia or quadriplegia; (c) loss of any organ; (d) severe disfigurement, including but not limited to burns and amputations; or (e) death. c. if a claim is made against any Insured, the Named Insured: i. will immediately record the specifics of the claim and the date received and notify the Insurer of such claim; ii. will immediately send the Insurer copies of any demands, notices, summonses or legal papers received in connection with the claim; iii. will authorize the Insurer to obtain records and other information; iv. will cooperate with the Insurer in the investigation or settlement of the claim or defense against the suit; v. will assist the Insurer, upon its request, in the enforcement of any right against any person or organization which may be liable to the Insured because of injury or damage to which this insurance may also apply; and vi. will not voluntarily make a payment, except at its own cost, assume any obligation, or incur any expense, other than for first aid, without the Insurer s prior consent. 2. Cooperation With respect to Coverage A - Umbrella Liability, the Named Insured will cooperate with the Insurer in addressing all claims required to be reported to the Insurer in accordance with this paragraph O. Notice of Claims/Crisis Management Event/Covered Accident, and refuse, except solely at its own cost, to voluntarily, without the Insurer s approval, make any payment, admit liability, assume any obligation or incur any expense related thereto. No: CNA75500XX ( ) [FORMTYPE] ; Page: a of b
56 P. Notices Any notices required to be given by an Insured shall be submitted in writing to the Insurer at the address set forth in the Declarations of this Policy. Q. Other Insurance If the Insured is entitled to be indemnified or otherwise insured in whole or in part for any damages or defense costs by any valid and collectible other insurance for which the Insured otherwise would have been indemnified or otherwise insured in whole or in part by this Policy, the limits of insurance specified in the Declarations of this Policy shall apply in excess of, and shall not contribute to a claim, incident or such event covered by such other insurance. Provided, however, if: 1. the Named Insured has agreed in writing in a contract or agreement with a person or entity that this insurance would be primary and would not seek contribution from any other insurance available; 2. underlying insurance includes that person or entity as an additional insured; and 3. underlying insurance provides coverage on a primary and noncontributory basis as respects that person or entity, then this insurance is primary to and will not seek contribution from any insurance policy in which that person or entity is a named insured. R. Premium All premium charges under this Policy will be computed according to the Insurer s rules and rating plans that apply at the inception of the current policy period. Premium charges may be paid to the Insurer or its authorized representative. S. In Rem Actions A quasi in rem action against any vessel owned or operated by or for a Named Insured, or chartered by or for a Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. T. Separation of Insureds Except with respect to the limits of insurance, and any rights or duties specifically assigned in this Policy to the First Named Insured, this insurance applies: 1. as if each Named Insured were the only Named Insured; and 2. separately to each Insured against whom a claim is made. U. Transfer of Interest Assignment of interest under this policy shall not bind the Insurer unless its consent is endorsed hereon. V. Unintentional Omission Based on Insurer s reliance on the Named Insured s representations as to existing hazards, if the Named Insured unintentionally fails to disclose all such hazards at the effective date of this Policy, the Insurer will not deny coverage under this Policy because of such failure. W. Waiver of Rights of Recovery The Insurer waives any right of recovery it may have against any person or organization because of payments the Insurer makes under this Policy if the Named Insured has agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: No: CNA75500XX ( ) [FORMTYPE] ; Page: a of b
57 1. is in effect or becomes effective during the policy period; and 2. was executed prior to loss. VII. DEFINITIONS For purposes of this Policy, words in bold face type, whether expressed in the singular or the plural, have the meaning set forth below. Advertisement means a notice that is broadcast or published to the general public or specific market segments about the Named Insured s goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: A. notices that are published include material placed on the Internet or on similar electronic means of communication; and B. regarding web-sites, only that part of a web-site that is about the Named Insured s goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Aircraft means any machine or device that is capable of atmospheric flight. Arbitration proceeding means a formal alternative dispute resolution proceeding or administrative hearing to which an Insured is required to submit by statute or court rule or to which an Insured has submitted with the Insurer s consent. Asbestos means the mineral in any form whether or not the asbestos was at any time airborne as a fiber, particle or dust, contained in or formed a part of a product, structure or other real or personal property, carried on clothing, inhaled or ingested, or transmitted by any other means. Authorized Insured means any executive officer, member of the Named Insured s risk management or in-house general counsel s office, or any employee authorized by the Named Insured to give or receive notice of a claim. Auto means: A. a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or B. any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, auto does not include mobile equipment. Bodily injury means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the bodily injury, sickness or disease. Claim means a: A. suit; or B. written or oral demand for damages alleging injury to which this insurance applies. Coverage territory means anywhere in the world. Covered accident means a sudden and unexpected event, which solely and independently of any other cause results in the key employee s death or permanent disability within one year after the date of the sudden event. Crisis management event means an event that an executive officer reasonably believes has resulted, or may result, in significant adverse regional or national media coverage, and A. bodily injury, property damage or any of the following personal and advertising injury offenses: 1. false arrest, detention or imprisonment; No: CNA75500XX ( ) [FORMTYPE] ; Page: a of b
58 2. malicious prosecution or abuse of process; or 3. wrongful eviction from, wrongful entry into, or the invasion of the right of private occupancy of a room, dwelling or premises that a person occupies committed by or on behalf of its owner, landlord or lessor; and B. damages, to which this insurance applies, that are in excess of the retained amount. Crisis management expenses means crisis management public relations expenses and crisis management other expenses provided however crisis management expenses do not include any of the following: A. salary, wages, or benefits of the Named Insured or the Named Insured s employees; B. loss of business income; C. costs to acquire, repair or replace real or personal property; or D. expense to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by a Named Insured. Crisis management public relations expenses means reasonable and necessary expenses incurred in connection with a crisis management event by the Named Insured: A. to hire a crisis management firm; B. to set up call centers or similar inquiry management system to manage inquiries from, or to directly contact, individuals or entities that may be directly impacted by such crisis management event; C. to create and deliver notification letters to contact individuals or entities that may be directly impacted by the crisis management event; or D. other related miscellaneous expenses. Crisis management other expenses means reasonable and necessary expenses incurred in connection with a crisis management event by the Named Insured: A. to pay medical expenses, funeral expenses, psychological counseling expenses, travel expenses, and temporary living expenses of a third party who incurs bodily injury, or a family member of such third party, by reason of such crisis management event; B. for travel expenses incurred by or on behalf of Insureds and at the direction of the crisis management firm; C. to secure the scene of a crisis management event; and D. other related miscellaneous expenses. Crisis management firm means a public relations firm, law firm or crisis management firm approved by the Insurer to provide media management services and to respond to actual or anticipated adverse publicity arising out of a crisis management event or covered accident. Damages means the amount an Insured is legally obligated to pay, either through: A. final adjudication of a claim; or B. through compromise or settlement of a claim with the Insurer s written consent or direction, because of covered incidents. In addition, damages includes the above-mentioned sums only after deducting all other recoveries and salvages. However, damages does not include: 1. civil or criminal fines, sanctions, penalties or forfeitures, whether pursuant to law, statute, regulation or court rule; No: CNA75500XX ( ) [FORMTYPE] ; Page: a of b
59 2. injunctive or declaratory relief; 3. any amount that is not insurable under any applicable law; or 4. plaintiff s attorney fees associated with any of the above. Notwithstanding paragraph 3. above, damages shall include (subject always to this Policy s other terms, conditions and limitations) punitive and exemplary damages the enforceability of which shall be governed by such applicable law that most favors coverage for damages. Defense costs mean: A. reasonable and necessary fees, costs, and expenses incurred by the Insurer or consented to by the Insurer and incurred by the Named Insured in the defense or appeal of a covered suit or in the investigation of any covered claim, and includes premium for appeal bonds arising out of a covered judgment, attachment bonds or similar bonds, but only for bond amounts up to the applicable limit of insurance. In addition, the Insurer will pay up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which bodily injury coverage applies. The Insurer has no obligation to provide such bonds. B. prejudgment interest awarded against an Insured on that part of a judgment covered by this policy. If the Insurer makes an offer to pay the applicable limit of insurance, the Insurer will not pay any prejudgment interest based on that period of time after the offer. C. post judgment interest which accrues after entry of judgment, but before the Insurer has paid or offered to pay, or deposited in court that part of the judgment which is within the limit of insurance of this Policy. The amount of interest the Insurer pays will be in direct proportion to the amount of damages the Insurer pays in relation to the total amount of the judgment. D. all reasonable expenses incurred by a natural person Insured at the Insurer s request to assist the Insurer in the investigation or defense of the claim. This includes such Insured s actual loss of earnings up to $750 per day, because of time off from work. E. all court costs taxed against the Insured in the suit. However, these payments do not include attorneys' fees or attorneys' expenses taxed against the Insured. Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. Employee includes leased workers or employees loaned to the Insured. Temporary workers are not employees. Employee benefit program has the same meaning as that phrase does in the underlying insurance. Executive Officer means any natural person holding any of the following positions created by the Named Insured s charter, constitution, bylaws or any other similar governing document: A. director, officer, trustee or governor of a corporation; B. management committee member of a joint venture; C. partner of a partnership; D. manager of a limited liability company; and E. trustee of a trust. An executive officer is not an employee. No: CNA75500XX ( ) [FORMTYPE] ; Page: a of b
60 First Named Insured means the person or organization first listed as a Named Insured in the Declarations of this Policy. Fungi means any form of fungus, including but not limited to, yeast, mold, mildew, rust, smut or mushroom, and including any spores, mycotoxins, odors, or any other substances, products, or byproducts produced by, released by, or arising out of the current or past presence of fungi. However, fungi does not include any fungi intended by the Insured for human consumption. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property, other than your product or your work that cannot be used or is less useful because: A. it incorporates your product or your work that is known or thought to be defective, deficient, inadequate or dangerous; or B. the Named Insured has failed to fulfill the terms of a contract or agreement, if such property can be restored to use by the repair, replacement, adjustment or removal of your product or your work; or the Named Insured s fulfilling the terms of the contract or agreement. Incident means: A. with respect to bodily injury and property damage, incident means an occurrence; B. with respect to personal and advertising injury, incident means an offense that gives rise to such personal and advertising injury; or C. with respect to employee benefits liability, incident means a negligent act, error or omission committed by or on behalf of the Insured in the administration of the Named Insured s employee benefit program. Insured means any person or organization set forth in the section entitled WHO IS AN INSURED. Insured contract means: 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 to premises while rented to the Named Insured or temporarily occupied by the Named Insured with permission of the owner is not an insured contract; B. a sidetrack agreement; C. an easement or license agreement; except in connection with construction or demolition operations on or within 50 feet of a railroad; D. an obligation, as required by ordinance, to indemnify a municipality except in connection with work for a municipality; E. an elevator maintenance agreement; or F. the part of any other contract or agreement pertaining to its business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization, provided the bodily injury or property damage is caused, in whole or in part, by the Named Insured or by those acting on its behalf. However, such part of a contract or agreement shall only be considered an insured contract to the extent the Named Insured s assumption of the tort liability is permitted by law. Tort liability means liability that would be imposed by law in the absence of contracts or agreements. This paragraph F. does not include that part of a contract or agreement: No: CNA75500XX ( ) [FORMTYPE] ; Page: a of b
61 1. that indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing; 2. that indemnifies an architect, engineer or surveyor for bodily injury or property damage arising out of: a. preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. giving directions or instructions, or failing to give them, if that is the primary cause of the bodily injury or property damage; 3. under which an Insured, if an architect, engineer or surveyor, assumes liability for bodily injury or property damage arising out of such Insured s rendering or failure to render professional services, including those listed in paragraphs 2.a. and b. above and supervisory, inspection, architectural or engineering activities; or 4. that indemnifies a person or organization for damage by fire to premises rented to or loaned to an Insured. Key employee means any of the following officer and employment positions: A. Chief Executive Officer; B. Chief Operating Officer; C. Chief Financial Officer; D. Corporate Secretary; E. Treasurer; F. Executive Vice President; and G. Risk Manager. Key employee also means anyone added as such by endorsement to the Policy. Key employee replacement expenses means the actual and necessary expenses incurred by the Named Insured: A. to continue the performance of the key employee's normal job responsibilities, with comparable quality, while a permanent replacement for the key employee is being sought, appointed or hired, and trained. B. to find a qualified permanent replacement to fill the key employee s position: 1. costs of advertising the employment position opening; 2. travel, lodging, meal and entertainment expenses incurred in interviewing job applicants for the employment position opening; and 3. miscellaneous extra expenses incurred in finding, interviewing and negotiating with the job applicants, including, but not limited to, overtime pay, costs to verify the background and references of the job applicants, and legal expenses incurred to draw up employment contracts, C. to minimize the amount of key employee replacement expenses, but only to the extent the amount of key employee replacement expenses otherwise payable under paragraphs A. and B. above are reduced. D. to relocate the replacement employee to an area within a reasonable commute from their place of employment. E. to pay the following reasonable and necessary expenses incurred in connection with the death or permanent disability of any key employee: No: CNA75500XX ( ) [FORMTYPE] ; Page: a of b
62 1. to hire a crisis management firm. 2. to create and deliver notification letters to contact individuals or entities that may be directly impacted by the key employee covered accident; or 3. other related miscellaneous expenses F. Key employee replacement expenses also include first year amounts of the replacement employee's: 1. annual base starting salary; 2. employee perquisite costs; and 3. employee benefit costs; in excess of the amounts which would have been incurred for the key employee if the Named Insured had not lost the services of the key employee. However, the Insurer will not pay more for these expenses than 10% of the amounts which would have been incurred for the key employee. Key employee replacement expenses do not include the following: a. any expenses which would have been incurred by the Named Insured for the key employee if the Named Insured had not lost the services of the key employee; b. any key employee replacement expenses that are paid for by any other insurance; c. except as provided in paragraph F. above, salary, wages, or benefits of the Named Insured, the Named Insured s employees, the Named Insured s temporary workers or volunteer workers; d. costs to acquire, repair or replace real or personal property; e. the Named Insured s loss of business income; f. expenses incurred by or on behalf of the Named Insured to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by the Named Insured; and g. expenses incurred by or on behalf of the Named Insured due to bodily injury, property damage, or personal and advertising injury. Leased worker means a person leased to the Named Insured by a labor leasing firm under an agreement between the Named Insured and such labor leasing firm, to perform duties related to the conduct of the Named Insured s business. Leased worker does not include a temporary worker. Loading or unloading means the handling of property: A. after it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or auto; B. while it is in or on an aircraft, watercraft or auto; or C. while it is being moved from an aircraft, watercraft or auto to the place where it is finally delivered. However, loading or unloading does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or auto. Management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to the Named Insured s written contract or by-laws, charter, operating agreement or similar documents, to elect, appoint or designate a majority of the Board of Directors of a corporation. No: CNA75500XX ( ) [FORMTYPE] ; Page: a of b
63 Mobile equipment means any of the following types of land vehicles, including any attached machinery or equipment: A. bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; B. vehicles maintained for use solely on or next to premises the Named Insured owns or rents; C. vehicles that travel on crawler treads; D. vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: 1. power cranes, shovels, loaders, diggers or drills; or 2. road construction or resurfacing equipment such as graders, scrapers or rollers; E. vehicles not described in paragraphs A., B., C. or D. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: 1. air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or 2. cherry pickers and similar devices used to raise or lower workers; and F. vehicles not described in paragraphs A., B., C. or D. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos: 1. equipment designed primarily for: a. snow removal; b. road maintenance, but not construction or resurfacing; or c. street cleaning; 2. cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and 3. air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Named Insured means the persons or organizations named as such in the Declarations of this Policy. 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 nuclear 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 any Insured at the premises where such equipment is located consists of or contains more than: No: CNA75500XX ( ) [FORMTYPE] ; Page: a of b
64 1. 25 grams of plutonium or uranium 233 or any combination thereof; or grams of uranium 235; or D. any structure, basin, excavation, premises or place prepared or used for the storage or disposal of nuclear 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 material means source material, special nuclear material, or by-product material as these terms are defined in the Atomic Energy Act of 1954 or in any law amendatory thereof. Nuclear reactor means an apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. Nuclear Waste means waste material: A. containing by-product material other than the tailings or waste produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material (as defined in the Atomic Energy Act of 1954 or in any law amendatory thereof) content; and B. resulting from the operation by any person or organization, of a nuclear facility included within paragraphs A. and B. of the definition of nuclear facility. Occurrence means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. Other insurance means any: A. valid and collectible policy of insurance; B. self insurance; or C. indemnity agreement by which an insured arranges for funding or transferring its liabilities that provides coverage that this Policy also provides. Other insurance does not include underlying insurance or any policy that was bought specifically to apply in excess of the limits of insurance shown in the Declarations of this Policy. Other organic pathogens means any organic irritant or contaminant other than fungi, including but not limited to bacteria, microbes and viruses (whether or not a microorganism), that cause infection or disease. Other organic pathogens includes any spores, mycotoxins, odors, variants, mutations, or any other substances, products or byproducts produced by, released by, or arising out of the current or past presence of such pathogens, and any colony or group of the foregoing. However, other organic pathogens does not mean pathogens that were transmitted directly from person to person. Permanent disability means permanent physical inability, or mental inability due to a permanent physical inability, of the key employee to perform the normal duties of the applicable position for which the individual qualifies as a key employee. Personal and advertising injury means injury, including consequential bodily injury, arising out of one or more of the following offenses: A. false arrest, detention or imprisonment; B. malicious prosecution or abuse of process; C. wrongful eviction from, wrongful entry into, or the invasion of the right of private occupancy of a room, dwelling or premises that a person occupies committed by or on behalf of its owner, landlord or lessor; No: CNA75500XX ( ) [FORMTYPE] ; Page: a of b
65 D. oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person s or organization s goods, products or services; E. oral or written publication, in any manner, of material that violates a person s right of privacy; F. the use of another s advertising idea in the Named Insured s advertisement; or G. infringing upon another s copyright, trade dress or slogan in the Named Insured s advertisement. Policy period means the time from A.M. on the effective date of this Policy as set forth in the Declarations of this Policy to the earlier of A.M. of the expiration, termination or cancellation date of this Policy. Pollutants mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes medical waste and materials to be recycled, reconditioned or reclaimed. Products-completed operations hazard means bodily injury or property damage occurring away from premises the Named Insured owns or rents and arising out of your product or your work except: A. products that are still in the Named Insured s physical possession; or B. work that has not yet been completed or abandoned. However, your work will be deemed completed at the earliest of the following times: 1. when all of the work called for in the Named Insured s contract has been completed; 2. when all of the work to be done at the job site has been completed if the Named Insured s contract calls for work at more than one job site; or 3. when that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. However, products-completed operations hazard does not include bodily injury or property damage arising out of: A. the transportation of property, unless bodily injury or property damage arises out of a condition in or on a vehicle not owned or operated by the Named Insured, and that condition was created by the loading or unloading of that vehicle by any Insured; B. the existence of tools, uninstalled equipment or abandoned or unused materials; or C. products or operations for which the underlying insurer states that products-completed operations are subject to the General Aggregate Limit. Property damage means: A. physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or B. loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the incident that caused it. However, electronic data is not tangible property. Retained amount means the greater of: A. the total applicable limits of underlying insurance and any other insurance available to the Insured; or B. the self-insured retention as set forth in the Declarations of this Policy. No: CNA75500XX ( ) [FORMTYPE] ; Page: a of b
66 Silica means the chemical compound silicon dioxide (SiO2) in any form, including dust which contains silicone dioxide. Spouse means any husband, wife or partner in a marriage or civil union or any person qualifying as a domestic partner under any federal, state or local laws or under the Named Insured s employee benefit plans or employee benefits program. Sub limit means a limit that is lower than the underlying limits. Suit means a civil proceeding in which damages because of injury or damage to which this insurance applies are alleged, including: A. an arbitration proceeding alleging such damages; or B. any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with the Insurer s consent. Temporary worker means a worker who is furnished to the Named Insured to substitute for a permanent employee on leave or to meet seasonal or short-term workload conditions. Underlying insurance means policies of insurance listed in the Schedule of Underlying Insurance including renewal or replacement of such insurance which is neither more restrictive nor more broad than that listed in the aforementioned Schedule of Underlying Insurance. Underlying insurer means the insurer providing the underlying insurance. It does not include any insurer whose policies were purchased specifically to be in excess of this policy. Underlying limits means the limits designated as such in the Schedule of Underlying Insurance. Volunteer worker means a person who is not an employee and who donates his or her work and acts at the direction of or within the scope of duties determined by the Named Insured and is not paid a fee, salary or other compensation by the Named Insured or anyone else for their work performed for the Insured. Your product: A. means: 1. any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: a. the Named Insured; b. others trading under the Named Insured s name; or c. a person or organization whose business or assets the Named Insured has acquired; and 2. containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. B. includes: a. warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your product; and b. The providing of or failure to provide warnings or instructions. C. does not include vending machines or other property rented to or located for the use of others but not sold. Your work: A. means: No: CNA75500XX ( ) [FORMTYPE] ; Page: a of b
67 1. work or operations performed by the Named Insured or on its behalf; and 2. materials, parts or equipment furnished in connection with such work or operations. B. includes 1. warranties or representations made with respect to the fitness, quality, durability, performance or use of your work, and 2. the providing of or failure to provide warnings or instructions. IN WITNESS WHEREOF, the Insurer has caused this Policy to be signed by the Insurer s Chairman and Secretary, but this Policy shall not be binding upon the Insurer unless completed by the attachment of the Declarations of this Policy and signed by the Insurer s duly authorized representative if required. Chairman of the Board Secretary No: CNA75500XX ( ) [FORMTYPE] ; Page: a of b
68 Policy PARAMOUNT EXCESS LIABILITY POLICY Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights, duties and what is and is not covered. The Insurer refers to the insurer providing this insurance as set forth on the Declarations of this Policy. Words and phrases that appear in bold have special meaning. Refer to the section entitled DEFINITIONS. I. COVERAGE The Insurer will pay on behalf of the insured those damages in excess of the underlying limits. Coverage under this Policy shall attach only after the full amount of the underlying limits have been exhausted through payment in legal currency of covered loss under all underlying insurance by the underlying insurer or the Named Insured. Coverage under this Policy shall then apply in conformance with the terms and conditions of the controlling underlying policy except for the premium, limit of insurance, deductible, retentions or any other term or condition in the controlling underlying policy which is inconsistent with any term or condition of this Policy. In the event of any inconsistent terms or conditions in the controlling underlying policy, the terms and conditions of this Policy control. Nothing will obligate the Insurer to: A. provide coverage that is not also provided by every underlying insurance policy; or B. investigate, pay or defend any claim or suit before the underlying insurance is exhausted by payment of damages to which this Policy applies. II. EXCLUSIONS This insurance does not apply to: A. ASBESTOS 1. any actual or alleged injury or damage arising out of any actual, threatened or alleged exposure at any time to asbestos; or 2. any actual or alleged loss, cost or expense that may be awarded or incurred: a. by reason of a claim for any such injury or damage; or b. in complying with a governmental direction or request to test for, monitor, clean up, remove, contain or dispose of asbestos. B. SUB-LIMITED COVERAGES any coverage provided in any underlying insurance subject to a sub-limit. III. LIMIT OF INSURANCE A. Multiple insureds, claims, claimants The limits of insurance shown in the Declarations of this Policy and the rules below fix the most the Insurer will pay regardless of the number of: 1. insureds; 2. claims made or suits brought against the insured; or No: CNA75502XX ( ) Policy ; Page: a of b
69 Policy 3. persons or organizations making claims or bringing suits. B. Aggregate Limit Subject to the Each Incident limit, the limit of insurance shown in the Declarations of this Policy as the Aggregate limit is the most that the Insurer will pay as damages under this Policy, regardless of the length of the policy period. However, the Aggregate limit of insurance: 1. will not apply to damages covered by the controlling underlying policy to which an aggregate limit does not apply, provided that all other underlying insurance also does not apply an aggregate limit; and 2. will apply in the same manner as the aggregate limit of the controlling underlying policy applies, provided that all other underlying insurance also applies the aggregate limit in the same manner. C. Policy Aggregate Limit This provision C. only applies if an amount is shown in the Declarations as the Policy Aggregate limit. Subject to the Each Incident limit and Aggregate limit, the Policy Aggregate limit is most the Insurer will pay as damages under this Policy, except for damages because of auto liability covered by all applicable policies listed in the Schedule of Underlying Insurance under which the limits of insurance of all such policies are not aggregated. D. Each Incident Limit Subject to the Aggregate limit and Policy Aggregate limit, the limit of insurance shown in the Declarations of this Policy as the Each Incident limit is the most the Insurer will pay as damages arising out of any one incident under this Policy. If the limits of insurance under this Policy are exhausted by payment of damages, the Insurer s obligations shall be deemed completely fulfilled and extinguished. IV. CONDITIONS A. Changes to the Policy None of the terms and conditions of this Policy will be waived, changed or modified except by written endorsement issued by the Insurer to form a part of this Policy. B. Financial Impairment Bankruptcy, rehabilitation, receivership, liquidation or other financial impairment of the Named Insured or an underlying insurer shall neither relieve nor increase any of the Insurer s obligations under this Policy. In the event there is diminished recovery or no recovery available to the Named Insured as a result of financial impairment of an underlying insurer, the coverage under this Policy shall apply only in excess of the underlying limits. Under no circumstances shall the Insurer be required to drop down and replace the underlying limits, or assume the obligations of the Named Insured or the financially impaired insurer. C. Maintenance of Underlying Insurance While this Policy is in force the first Named Insured listed in the Declarations agrees that the underlying insurance and renewals and replacements thereof shall be maintained, without alterations of terms or conditions, in full effect during the term of this Policy, except for reduction or exhaustion of the limits of insurance in the underlying insurance, provided that such reduction or exhaustion is solely the result of payment of damages to which this Policy applies. No: CNA75502XX ( ) Policy ; Page: a of b
70 Policy If the first Named Insured listed in the Declarations fails to maintain underlying insurance, this condition shall not invalidate this Policy. However, in the event of such failure, the Insurer will only be liable to the same extent as if such underlying insurance was in full force and effect without alteration of its terms and conditions. If, subsequent to the inception date of this Policy, there is a change to any underlying insurance which expands coverage, then this Policy shall become subject to such change only if and to the extent the Insurer agrees to such change by written endorsement to this Policy. The underlying limits shall not be deemed depleted by payment of a sub-limit under any underlying insurance (whether or not such sub-limit erodes the limits generally available to all claims). D. Notices Where notice is permitted or required by the controlling underlying policy, the insureds have the same rights and obligations to notify the Insurer under this Policy, except that the notice shall be submitted in writing to the Insurer at the address set forth in the Declarations of this Policy. E. Other Insurance If the insured is entitled to be indemnified or otherwise insured in whole or in part for any damages or defense costs by any other insurance which otherwise would have been indemnified in whole or in part by this Policy, the limits of insurance specified in the Declarations of this Policy shall apply in excess of, and shall not contribute to such other insurance. V. DEFINITIONS For purposes of this Policy, words in bold face type, whether expressed in the singular or the plural, have the meaning set forth below. Asbestos means the mineral in any form whether or not the asbestos was at any time airborne as a fiber, particle or dust, contained in or formed a part of a product, structure or other real or personal property, carried on clothing, inhaled or ingested, or transmitted by any other means. Controlling underlying policy means the policy or policies designated as such in the Declarations. Damages has the same definition as that term or the equivalent term in the controlling underlying policy. If not so defined, damages means the actual damages the insured is legally obligated to pay, either through final adjudication or settlement, of all claims covered by this Policy. Damages include defense costs if the underlying insurance specifies that limits are reduced by defense costs. Defense costs has the same definition as that term or the equivalent term in the controlling underlying policy. If not so defined, defense costs means the reasonable and necessary expenses and costs incurred in the investigation and defense of any claim or suit. Incident has the same definition as that term or the equivalent term in the controlling underlying policy. If not so defined, incident means an accident, event, occurrence, offense, wrongful act or other similar trigger of coverage as defined in the controlling underlying policy. Named Insured means any person or entity listed as such in the Declarations and any person or entity qualifying as a Named Insured under the controlling underlying policy. Other insurance means any: A. valid and collectible policy of insurance; B. self insurance; or C. indemnity agreement by which an insured arranges for funding or transferring its liabilities No: CNA75502XX ( ) Policy ; Page: a of b
71 Policy that provides coverage that this Policy also provides. Other insurance does not include underlying insurance or any policy that was bought specifically to apply in excess of the limits of insurance shown in the Declarations of this Policy. Sub-limit means a limit that is lower than the underlying limits. Underlying insurance means policies of insurance listed in the Schedule of Underlying Insurance including renewal or replacement of such insurance which is neither more restrictive nor more broad than that listed in the Schedule of Underlying Insurance. Underlying insurer means any insurer providing the underlying insurance. It does not include any insurer whose policies were purchased specifically to be in excess of this policy. Underlying limits means the limits designated as such in the Schedule of Underlying Insurance. IN WITNESS WHEREOF, the Insurer has caused this Policy to be signed by the Insurer s Chairman and Secretary, but this Policy shall not be binding upon the Insurer unless completed by the attachment of the Declarations of this Policy and signed by the Insurer s duly authorized representative if required. Chairman of the Board Secretary No: CNA75502XX ( ) Policy ; Page: a of b
72 POLICY DECLARATIONS Named Insured and Mailing Address Named Insured: Mailing Address: Policy Information Policy Number: Renewal of: Insurer s Name and Address: Producer Information Producer: Producer code: Policy Period MM/DD/YYYY to MM/DD/YYYY at 12:01 a.m. Standard Time at your mailing address shown above. Retroactive Date MM/DD/YYYY Limits of Insurance Each Incident Limit Aggregate Limit Policy Aggregate Limit Self-Insured Retention Self-Insured Retention No: CNA75503XX ( ) [FORMTYPE] ; Page: a of b
73 Schedule of Underlying Insurance Underlying Insurer Policy Number Policy Period Note: Underlying Insurance Coverages Limits of Insurance Controlling Underlying Policy Controlling Underlying Insurer Controlling Underlying Policy Number Policy Period Schedule of s and s Number Title Premium Minimum Earned Premium Total Premium Premium includes the following amount for Certified Acts of Terrorism Coverage << surcharge text appears here if applicable >> Notices Notice to Insurer Address: Fax #: Address: No: CNA75503XX ( ) [FORMTYPE] ; Page: a of b
74 Policy PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights, duties and what is and is not covered. The Insurer refers to the insurer providing this insurance as set forth on the Declarations of this Policy. Words and phrases that appear in bold have special meaning. Refer to the section entitled DEFINITIONS. I. COVERAGES A. Coverage A - Excess Follow Liability The Insurer will pay on behalf of the Insured those damages in excess of the applicable underlying limits. Coverage hereunder will attach only after the full amount of the applicable underlying limits have been exhausted through payment in legal currency of covered loss under all applicable underlying insurance and to which this Coverage A applies. Coverage A under this Policy will then apply in conformance with the provisions of the applicable underlying insurance except for the premium, limits of insurance, deductible, retentions, or any defense obligations and any other terms and conditions specifically set forth in this Policy. Upon exhaustion of the applicable underlying limits, the Insurer shall only pay for damages in excess of the applicable underlying limits. This Coverage A does not provide coverage for any loss not covered by the applicable underlying insurance except and to the extent that such loss is not paid under the applicable underlying insurance solely by reason of the exhaustion of the applicable underlying limits through payment of loss thereunder. This Coverage applies: 1. if the applicable underlying insurance is on an occurrence basis, then only if that which must take place in the policy period of the underlying insurance in order to trigger coverage, takes place during this policy period; and 2. if the applicable underlying insurance is on a claims made basis, then only if: a. that which must take place in the underlying insurance in order to trigger coverage, takes place after the retroactive date and prior to the end of the policy period; and b. the claim is first made during the policy period. B. Coverage B - Umbrella Liability The Insurer will pay on behalf of the Insured those damages in excess of the retained amount: 1. that an Insured becomes legally obligated to pay because of bodily injury, property damage or personal and advertising injury; or 2. because of liability for bodily injury or property damage assumed under an insured contract, provided the bodily injury or property damage occurs subsequent to the execution of such insured contract; and provided that: a. the bodily injury or property damage occurs during the policy period; No: CNA75504XX ( ) Policy ; Page: a of b
75 Policy b. the bodily injury or property damage is caused by an occurrence that takes place in the coverage territory; c. the personal and advertising injury is caused by an offense arising out of the Named Insured s business; and d. the offense giving rise to personal and advertising injury was first committed during the policy period and in the coverage territory; Provided, however, that Coverage B - Umbrella Liability: i. does not apply to: (a) any part of damages to which underlying insurance applies; or (b) any part of damages to which underlying insurance would have applied regardless of: (1) the availability of underlying insurance; or (2) the exhaustion of the applicable underlying limits; (c) any defense costs related to damages as described in a. and b. above. ii. applies only if prior to the effective date of the policy period, no authorized insured: (a) knew that such bodily injury or property damage had occurred, in whole or in part. If any authorized insured knew, prior to the policy period, that any such bodily injury or property damage had 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; or (b) knew that any offense giving rise to personal and advertising injury had occurred, in whole or in part. Bodily injury or property damage which occurs during the policy period and was not, prior to the policy period, known to have occurred by any authorized insured, includes any continuation, change or resumption of that bodily injury or property damage after the end of the policy period. An authorized insured will be deemed to know: 1. that such bodily injury or property damage occurred, at the earliest time when such authorized insured: a. reports the bodily injury or property damage to the Insurer or any other insurer; b. receives a claim arising out of the bodily injury or property damage; or c. becomes aware by any other means that the bodily injury or property damage has occurred or has begun to occur; 2. that such offense giving rise to personal and advertising injury occurred, on the date of the first utterance or dissemination or, if there is no utterance or dissemination, then on the first date of the activity giving rise to a claim. C. Coverage C - Crisis Management Expenses The Insurer will reimburse the Named Insured for crisis management expenses incurred by the Named Insured as a direct result of its response to a crisis management event that first occurs during the policy period, provided: No: CNA75504XX ( ) Policy ; Page: a of b
76 Policy 1. such crisis management event is reported to the Insurer as soon as reasonably practicable following the crisis management event, or within 72 hours after such crisis management event begins if such crisis management event is likely to give rise to bodily injury or property damage; 2. such crisis management expenses are incurred within 180 days after the crisis management event and reported to the Insurer as soon as reasonably practicable; and, 3. such crisis management expenses are approved in advance by the Insurer. The period of time for which the Insurer will pay crisis management expenses will not be limited by the expiration of the policy period. D. Coverage D Key Employee The Insurer will reimburse the Named Insured for key employee replacement expenses due to the Named Insured s permanent loss of the services of a key employee provided that: 1. the Named Insured would not have incurred such key employee replacement expenses if the Named Insured had not lost the services of the key employee; 2. such key employee replacement expenses are incurred by the Named Insured within 180 days of the covered accident and reported to the Insurer as soon as reasonably practicable; 3. such loss of service is caused by a covered accident; 4. the covered accident occurs during the policy period; and 5. a replacement for such key employee is hired within 180 days after the covered accident. The period of time for which the Insurer will pay key employee replacement expenses will not be limited by the expiration of the policy period. II. DEFENSE COSTS PAYMENT AND RELATED DUTIES A. The Insurer has the right and duty to defend any suit, and the right to assume control of the investigation and settlement of any claim, against the Insured, as follows: 1. with respect to the Coverage A - Excess Follow Liability, upon exhaustion through payment in legal currency of the full amount of the applicable underlying limits over which Coverage A applies. 2. with respect to the Coverage B - Umbrella Liability, upon receipt by the Insurer of a claim to which Coverage B applies. When the Insurer has the duty to defend any suit and the right to investigate any claim but is prevented by law from doing so, the Insured will undertake such defense and investigation, and the Insurer will reimburse the Insured for the defense costs. The Insurer s obligation to defend any suit, investigate any claim, or reimburse for any defense costs does not apply if any other insurer has a duty to defend. Further, any obligation to defend any suit, investigate any claim, or reimburse for any defense costs ceases upon exhaustion of the applicable limits of insurance of this Policy. B. The Insurer may, at the Insurer s sole discretion and at the Insurer s own cost, elect to participate in the investigation, settlement or defense of any claim against any of the Insureds for matters covered by this Policy even if the applicable underlying limit has not been exhausted. C. The Insurer will pay defense costs as follows: 1. with respect to the Coverage A - Excess Follow Liability, defense costs are paid within or excess of the limits of insurance as set forth in the applicable underlying insurance. No: CNA75504XX ( ) Policy ; Page: a of b
77 Policy 2. with respect to the Coverage B - Umbrella Liability, defense costs are paid in excess of and do not erode the limits of insurance or the retained amount. D. Where the Insurer investigates a claim or defends a suit, the Insurer will do so even if the allegations of a claim are groundless, false, or fraudulent. If Insurer investigates a claim or defends a suit, Insurer will do so only until the Insurer: 1. makes payment of; or 2. offers to pay; or 3. deposits in court that part of a judgment up to but not exceeding the Insurer s applicable limits of insurance. E. No Insured shall admit liability, consent to any judgment, agree to any settlement or make any settlement offer which is reasonably likely to involve this Policy without the Insurer s prior written consent, such consent not to be unreasonably withheld. The Insureds agree that they shall not knowingly take any action that increases the Insurer s exposure for damages or defense costs under this Policy. III. EXCLUSIONS A. Coverage A - Excess Follow Liability and Coverage B - Umbrella Liability Exclusions With respect to both the Coverage A- Excess Follow Liability and Coverage B -Umbrella Liability, this Insurance does not apply to: 1. Access to or Disclosure of Confidential or Personal Information and Data-Related Liability any actual or alleged damages arising out of: a. any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or b. the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in paragraph a. or b. above. However, unless paragraph a. above applies, this exclusion does not apply to bodily injury to the extent that such liability is covered by underlying insurance. 2. Asbestos a. any actual or alleged liability arising out of the actual, alleged or threatened exposure at any time to asbestos; or b. any actual or alleged loss, cost or expense that may be awarded or incurred: i. by reason of a claim for any such injury or damage; or ii. in complying with a governmental direction or request to test for, monitor, clean up, remove, contain or dispose of asbestos. 3. Damage to Impaired Property or Property not Physically Injured No: CNA75504XX ( ) Policy ; Page: a of b
78 Policy any actual or alleged property damage to impaired property or property that has not been physically injured, arising out of: a. a defect, deficiency, inadequacy or dangerous condition in your product or your work; or b. a delay or failure by the Named Insured or anyone acting on the Named Insured s behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. 4. Damage to Premises Rented or Occupied by the Named Insured any actual or alleged property damage to premises rented to the Named Insured or in the case of damage by fire, while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner. 5. Distribution or Recording of Material or Information in Violation of Laws any actual or alleged liability arising directly or indirectly out of any actual or alleged: a. violation of: i. the Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; ii. the CAN-SPAM Act of 2003, including any amendment of or addition to such law; iii. the Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or iv. any statute, ordinance, regulation or law other than the TCPA, CAN-SPAM Act of 2003, or FCRA, including FACTA, and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information; or b. conversion or consumption of another s tangible property or electronic assets. For the purpose of this provision, electronic assets include but are not limited to minute allowances, text message allowances, and other electronic consumables. 6. Employment Related Practices any actual or alleged bodily injury or personal and advertising injury to: a. a person arising out of any actual or alleged: i. refusal to employ that person; ii. termination of that person s employment; iii. employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person; or b. the spouse, child, parent, brother or sister of that person as a consequence of such bodily injury or personal and advertising injury to that person at whom any of the employment-related practices described in paragraphs a. i., ii., or iii. above is directed. This exclusion applies: a. whether the injury-causing event described in paragraphs a. i., ii., or iii. above occurs before No: CNA75504XX ( ) Policy ; Page: a of b
79 Policy employment, during employment or after employment of that person; b. whether the Insured may be liable as an employer or in any other capacity; and c. to any obligation to share damages with or repay someone else who must pay damages because of the injury. However, this exclusion does not apply to bodily injury a person sustains during a job interview while attempting to demonstrate a physical capability or skill required by the job to the extent that such liability is covered by underlying insurance. 7. ERISA any actual or alleged liability arising out of any actual or alleged obligation of any Insured under the Employees Retirement Income Security Act of 1974 or any similar common or statutory law anywhere in the world including any amendments or additions thereto. 8. Nuclear Energy Liability any actual or alleged bodily injury, property damage or personal and advertising injury: a. with respect to which an Insured under this 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 insurance; b. resulting from the hazardous properties of nuclear material and with respect to which: i. any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or ii. 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; or c. resulting from hazardous properties of nuclear material, if: i. 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 therefrom; ii. the nuclear material is contained in spent fuel or nuclear waste at any time possessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an Insured; or iii. the bodily injury, property damage or personal and advertising injury 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 applies only to property damage to such nuclear facility and any property thereat. d. Under any Medical Payments coverage, to expenses 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. Solely as used in this exclusion: No: CNA75504XX ( ) Policy ; Page: a of b
80 Policy (a) property damage includes all forms of radioactive contamination of property; (b) hazardous properties includes but is not limited to radioactive, toxic or explosive properties; (c) 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; (d) spent fuel means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor. 9. Recall of Products, Work or Impaired Property any actual or alleged loss, cost or expense incurred by the Named Insured or any person or entity, for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of your product, your work or 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. 10. Unfair Competition/Antitrust Claims/RICO Claims any actual or alleged liability arising out of any: a. unfair competition, dilution, deceptive trade practices, or civil actions for consumer fraud; b. charges of price fixing, monopolization or restraint of trade; or c. any violation of: i. the Federal Trade Commission Act; ii. the Sherman Act, the Clayton Act, or any federal statutory provision regarding anti-trust, monopoly, price fixing, price discrimination, predatory pricing or restraint of trade; iii. the Racketeer Influenced and Corrupt Organizations Act; iv. any rules or regulations promulgated under or in connection with the above statutes; or v. any state, federal or local statute or other law which similarly regulates business practices. 11. Uninsured/Underinsured Motorists any actual or alleged liability arising out of any obligations under an uninsured/underinsured motorist law, a personal injury protection law, a reparations benefit law or other similar law. 12. War any actual or alleged liability arising, directly or indirectly out of any: a. war, including undeclared or civil war; b. 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 c. insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. 13. Workers Compensation and Similar Laws /Nonsubscriber Status any actual or alleged liability arising out of any obligation of any Insured: a. under a workers compensation, disability benefits or unemployment compensation law or any similar law. No: CNA75504XX ( ) Policy ; Page: a of b
81 Policy b. by reason of a statement of non-subscription on file with any applicable Worker s Compensation authority of any State indicating the Named Insured has chosen not to participate in the Workers Compensation system in accordance with laws of such state. B. Coverage A - Excess Follow Liability Exclusions With respect to Coverage A - Excess Follow Liability, this Insurance does not apply to: 1. Coverages Subject to a Sub Limit any actual or alleged liability, loss, cost or expense covered under any underlying insurance which is subject to a sub limit. 2. Crisis Management Expenses crisis management expenses except as provided for in Coverage C above even if such insurance is afforded under underlying insurance or would have been afforded but for the exhaustion of the underlying limits. 3. Pollution a. any actual or alleged bodily injury or property damage arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants: i. at or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any Insured except that this subparagraph does not apply to: (a) bodily injury or property damage arising out of heat, smoke or fumes from a hostile fire; or (b) bodily injury if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building s occupants or their guests; ii. at or from any premises, site or location which is or was at any time used by or for any Insured or others for the handling, storage, disposal, processing or treatment of waste; iii. which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for any Insured or any person or organization for whom the Named Insured may be legally responsible; or iv. at or from any premises, site or location on which any Insured or any contractors or subcontractors working directly or indirectly on any Insured's behalf are performing operations: (a) If the pollutants are brought on or to the premises, site or location in connection with such operations by such Insured, contractor or subcontractor; except that this subparagraph does not apply to bodily injury or property damage arising out of: (1) the escape of fuels, lubricants, or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for operation of mobile equipment or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, No: CNA75504XX ( ) Policy ; Page: a of b
82 Policy dispersed or released as part of the operations being performed by such Insured, contractor or subcontractor; or (2) heat, smoke or fumes from a hostile fire; or (b) If the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; v. that are, or that are contained in property that is: (a) being transported or towed by, or handled for movement into, onto or from a covered auto; (b) otherwise in the course of transit; or (c) being stored, disposed of, treated or processed in or upon the covered auto except that this subparagraph does not apply to fuels, lubricants, fluids, exhaust, gases or other similar Pollutants that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered auto or its parts if the pollutants escape or are discharged, dispersed or released directly from an auto part designed by its manufacturer to hold, store, receive or dispose of such pollutants; vi. before the pollutants or property in which the pollutants are contained are moved from the place where they are accepted by the Insured for movement into or onto the covered auto; or vii. after the pollutants or property in which the pollutants are contained are moved from the covered auto to the place where they are finally delivered, disposed of or abandoned by the Insured. Subparagraphs vi. and vii. do not apply if the pollutants or property in which the pollutants are contained are upset, overturned or damaged as a result of the maintenance or use of a covered auto and the discharge, dispersal, release or escape of the pollutants is caused directly by such upset, overturn or damage. b. any actual or alleged personal and advertising injury arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time. c. any actual or alleged loss, cost or expense arising out of any: i. 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 ii. claim 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. However, if liability for damages because of property damage is not excluded by paragraph a. of this exclusion, then neither will paragraph c. above serve to exclude such damages. C. Coverage B - Umbrella Liability Exclusions With respect to the Coverage B - Umbrella Liability, this Insurance does not apply to: 1. Aircraft, Auto, Watercraft or Mobile Equipment any actual or alleged bodily injury, property damage, personal and advertising injury arising out of the ownership, maintenance, operation, use, loading or unloading or entrustment to others of any: No: CNA75504XX ( ) Policy ; Page: a of b
83 Policy a. aircraft owned by any Insured or rented, loaned or chartered by or on behalf of any Insured without crew; or b. autos, watercraft or mobile equipment This exclusion applies even if such claim against an Insured alleges negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured. This exclusion does not apply to: i. watercraft while ashore on premises the Named Insured owns or rents; ii. watercraft the Named Insured does not own that is: (a) less than 55 feet long; and (b) not being used to carry persons or property for a charge; or iii. liability assumed under any insured contract for the ownership, maintenance or use of watercraft. 2. Contractual Liability any actual or alleged bodily injury, property damage or personal and advertising injury for which an Insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than an insured contract. This exclusion does not apply to liability that the Insured would have in the absence of such contract or agreement. 3. Damage to Property any actual or alleged property damage to: a. property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by the Named Insured, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another s property; b. premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; c. property loaned to the Named Insured; d. personal property in the care, custody or control of the Insured; e. that particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on its behalf are performing operations, if the property damage arises out of those operations; or f. that particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraph b. of this exclusion does not apply if the premises are your work and were never occupied, rented or held for rental by the Named Insured. Paragraphs c., d., e. and f. of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph f. of this exclusion does not apply to property damage included in the productscompleted operations hazard. No: CNA75504XX ( ) Policy ; Page: a of b
84 Policy 4. Damage to Your product any actual or alleged property damage to your product arising out of it or any part of it. 5. Damage to Your work any actual or alleged property damage to your work arising out of it or any part of it and included in the products-completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on the Named Insured s behalf by a subcontractor. 6. Employee Injury any actual or alleged bodily injury or personal and advertising injury to: a. an employee arising out of and in the course of employment by the Insured or performing duties related to the conduct of the Insured s business; or b. the spouse, child, parent, brother or sister of that employee as a consequence of a. above. This exclusion applies: i. whether an Insured may be liable as an employer or in any other capacity; and ii. to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the Insured under an insured contract. 7. Expected or Intended injury any actual or alleged bodily injury or property damage arising out of an act or omission: a. intended by an Insured; or b. that would be expected from the standpoint of a reasonable person in the circumstances of the Insured; to cause bodily injury or property damage, even if the actual bodily injury or property damage is of a different degree or type than intended or expected. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 8. Fungi or Other Organic Pathogens a. any actual or alleged bodily injury, property damage or personal and advertising injury arising out of any actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or growth or presence of any fungi or other organic pathogens; b. any actual or alleged loss, cost or expense arising out of or relating to the 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 fungi or other organic pathogens by any Insured or by anyone else; or c. any actual or alleged property damage caused by water where there also exists any property damage arising out of or relating to, in whole or in part, the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or growth or presence of any fungi or other organic pathogens. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage, loss, cost or expense. No: CNA75504XX ( ) Policy ; Page: a of b
85 Policy 9. Liquor Liability any actual or alleged bodily injury or property damage for which any Insured may be held liable by reason of: a. causing or contributing to the intoxication of any person, including causing or contributing to the intoxication of any person because alcoholic beverages were permitted to be brought on the Insured s premises, for consumption on the Insured s premises; b. the furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or c. any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in: i. the supervision, hiring, employment, training or monitoring of others by that Insured; or ii. providing or failing to provide transportation with respect to any person that may be under the influence of alcohol, if the occurrence which caused the bodily injury or property damage involved that which is described in paragraph a., b. or c. above. 10. Nonemployment Related Discrimination any actual or alleged personal and advertising injury arising out of any actual or alleged nonemployment related discrimination committed intentionally against a person. 11. Personal and Advertising Injury any actual or alleged personal and advertising injury: a. Breach of Contract arising out of breach of contract, except an implied contract to use another's advertising idea in the Named Insured s advertisement. b. Criminal Acts or Conduct arising out of any actual or alleged criminal act or omission committed by or at the direction of any Insured. This exclusion does not apply to the extent liability is imposed upon the Insured for acts or omissions of another committed without the knowledge or consent of the Insured. c. Electronic Chat Rooms or Bulletin Boards arising out of an electronic chat room or bulletin board the Insured hosts, owns, or over which the Insured exercises control. d. Infringement of Copyright, Patent, Trademark or Trade Secret arising out of infringement of copyright, patent, trademark, trade secret or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another's advertising idea in the Named Insured s advertisement. However, this exclusion does not apply to infringement of copyright, trade dress or slogan in the Named Insured s advertisement. e. Insureds in Media and Internet Type Businesses committed by an Insured whose business is: No: CNA75504XX ( ) Policy ; Page: a of b
86 Policy i. advertising, broadcasting, publishing or telecasting; ii. designing or determining content or web-sites for others; or iii. an Internet search, access, content or service provider. However, this exclusion does not apply to paragraph A., B. or C. of personal and advertising injury as defined in the section entitled Definitions. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for the Named Insured or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. f. Knowing Violation of Rights of Another caused by an actual or alleged offense, act or omission by or at the direction of the Insured if the Insured knew or should have known that such offense, act or omission would cause such personal and advertising injury. g. Material Published Prior To Policy Period arising out of oral or written publication, in any manner, of material whose first publication took place before the beginning of the policy period. h. Material Published with Knowledge of Falsity arising out of written publication in any manner of material, if the Insured knew or should have known the material was false. i. Quality or Performance of Goods Failure to Conform to Statements arising out of any failure of goods, products or services to conform to any statement of quality or performance made in the Named Insured s advertisement. j. Unauthorized Use of Another's Name or Product arising out of unauthorized use of another's name or product in the Named Insured s address, domain name or metatag, or any other similar tactics to mislead another's potential customers. k. Wrong Description of Prices arising out of the wrong description of the price of goods, products or services stated in the Named Insured s advertisement. 12. Pollution a. any actual or alleged bodily injury, property damage or personal and advertising injury arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time. b. any actual or alleged loss, cost or expense arising out of any: i. request, demand, order, or statutory or regulatory requirement that anyone test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to or assess the effects of pollutants; or ii. claim 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. No: CNA75504XX ( ) Policy ; Page: a of b
87 Policy 13. Silica a. any actual or alleged bodily injury arising, in whole or in part, out of the actual, alleged or threatened respiration or ingestion at any time of silica; or b. any actual or alleged property damage arising in whole or in part out of the actual, alleged or threatened presence of silica. c. any actual or alleged personal and advertising injury arising, in whole or in part, out of the actual, alleged or threatened: silica. 14. Terrorism i. exposure at any time to; or ii. presence at any time of; any actual or alleged bodily Injury, property damage or personal and advertising injury arising out of any act of terrorism. D. Coverage D - Key Employee Exclusions With respect to Coverage D Key Employee, this insurance does not apply to any actual or alleged: 1. Death or Disability death or permanent disability of a key employee relating to, or arising out of: a. nuclear reaction or radiation or radioactive contamination, however caused; b. sickness or disease, including mental illness or mental injury; c. pregnancy, childbirth, miscarriage or abortion; d. suicide, attempted suicide or self inflicted bodily injury, while sane or insane; e. the key employee s intoxication, impairment or otherwise being under the influence of alcohol or controlled substances; f. war, including undeclared or civil war; g. 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 h. insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. 2. Other Expenses a. expenses the Named Insured incurs which the Named Insured would not have incurred if the Named Insured had used all reasonable means to: i. find a permanent replacement for the key employee; and ii. reduce or discontinue the key employee replacement expense; as soon as possible after the Named Insured s permanent loss of the services of the key employee caused by a covered accident. b. additional expenses incurred due to the Named Insured s loss of the services of a permanent replacement appointed or hired to replace a key employee, however caused. However, this No: CNA75504XX ( ) Policy ; Page: a of b
88 Policy exclusion does not apply if the replacement employee is included in the definition as a key employee and the Named Insured s loss of the services of the replacement employee is caused by a covered accident. IV. WHO IS AN INSURED The following persons or organizations are Insureds. A. With respect to Coverage A - Excess Follow Liability, the Named Insured and any persons or organizations included as an insured under the provisions of underlying insurance are Insureds, and then only for the same coverage, except for limits of insurance, afforded under such underlying insurance. B. With respect to the Coverage B - Umbrella Liability: 1. If the Named Insured is designated in the Declarations of this Policy as: a. an individual, the Named Insured and the Named Insured s spouse are Insureds, but only with respect to the conduct of a business of which the Named Insured is the sole owner. b. a partnership or joint venture, the Named Insured is an Insured. The Named Insured s members, the Named Insured s partners, and their spouses are also Insureds, but only with respect to the conduct of the Named Insured s business. c. a limited liability company, the Named Insured is an Insured. The Named Insured s members are also Insureds, but only with respect to the conduct of the Named Insured s business. The Named Insured s managers are Insureds, but only with respect to their duties as the Named Insured s managers. d. an organization other than a partnership, joint venture or limited liability company, the Named Insured is an Insured. The Named Insured s executive officers and directors are Insureds, but only with respect to their duties as the Named Insured s officers or directors. The Named Insured s stockholders are also Insureds, but only with respect to their liability as stockholders. e. a trust, the Named Insured is an Insured. The Named Insured s trustees are also Insureds, but only with respect to their duties as trustees. 2. Each of the following are also Insureds: a. The Named Insured s volunteer workers but only while performing duties related to the conduct of the Named Insured s business. b. The Named Insured s employees, other than either the Named Insured s executive officers (if the Named Insured is an organization other than a partnership, joint venture or limited liability company) or the Named Insured s managers (if the Named Insured is a limited liability company), but only for acts within the scope of their employment by the Named Insured or while performing duties related to the conduct of the Named Insured s business. However, none of these employees or volunteer workers are Insureds for: i. bodily injury or personal and advertising injury: (a) to the Named Insured, to the Named Insured s partners or members (if the Named Insured is a partnership or joint venture), to the Named Insured s members (if the Named Insured is a limited liability company), to a co-employee while in the course of his or her employment or performing duties related to the conduct of the Named Insured s business, or to the Named Insured s other volunteer workers while performing duties related to the conduct of the Named Insured s business; (b) to the spouse, child, parent, brother or sister of that co-employee or volunteer worker as a consequence of paragraph (i)(a) above; No: CNA75504XX ( ) Policy ; Page: a of b
89 Policy (c) for which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph i. (a) or (b) above; or (d) arising out of his or her providing or failing to provide professional health care services. ii. property damage to property: (a) owned, occupied or used by; (b) rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; the Named Insured, any of the Named Insured s employees, volunteer workers, any partner or member (if the Named Insured is a partnership or joint venture), or any member (if the Named Insured is a limited liability company). C. With respect to the Coverage C - Crisis Event Management and the Coverage D - Key Employee, the Named Insured is the Insured. V. LIMITS OF INSURANCE A. Multiple Insureds, claims, claimants The limits of insurance shown in the Declarations of this Policy and the rules below fix the most the Insurer will pay regardless of the number of: 1. Insureds; 2. claims made or brought against the Insured; 3. persons or organizations making claims or bringing claims; and 4. coverages under this Policy. B. Aggregate Limit Subject to the paragraphs D. and E. below, the limit of insurance shown in the Declarations of this Policy as the Aggregate limit is the most that the Insurer will pay as damages under this Policy, regardless of which coverage applies, except for: 1. damages covered by any auto liability policy listed in the Schedule of Underlying Insurance where the limits of insurance of such auto liability policy are not aggregated; and 2. damages covered under the products-completed operations hazard. The limits of insurance shown in the Declarations of this Policy apply to the entire policy period, regardless of length. In addition, with respect to Coverage A Excess Follow Liability only, the Aggregate limit shown in the Declarations of this Policy shall be applied in the same manner as the applicable Aggregate limits in the Schedule of underlying insurance. C. Aggregate Products-Completed Operations Hazard Subject to paragraph D. and E. below, the limit of insurance shown in the Declarations of this Policy as the Aggregate Products-Completed Operations Hazard limit is the most that the Insurer will pay as damages arising out of the products-completed operations hazard, regardless of whether such damages are or otherwise would be covered in any way under more than one coverage. D. Policy Aggregate Limit This provision D. only applies if an amount is shown in the Declarations as the Policy Aggregate Limit. No: CNA75504XX ( ) Policy ; Page: a of b
90 Policy Subject to the Each Incident limit, Aggregate limit and Aggregate products-completed operations hazard limit, the Policy Aggregate limit is the most the Insurer will pay as damages under this Policy, regardless of which coverage applies, except for damages covered by any auto liability policy listed in the Schedule of Underlying Insurance where the limits of insurance of such auto liability policy are not aggregated. E. Each Incident Subject to paragraphs B., C. and D. above, the limit of insurance shown in the Declarations of this Policy as the Each Incident limit is the most the Insurer will pay for the sum of all damages arising out of any one incident under this Policy, regardless of which coverage applies. F. Crisis Management Solely with respect to Coverage C Crisis Management Expenses, the most the Insurer will pay is the limit of insurance shown on the Declarations of this Policy as the Crisis Management Expenses Aggregate limit, regardless of the number crisis management events for which crisis management expenses are incurred. Crisis management expenses are not subject to the retained amount. The Crisis Management Expenses Aggregate limit of insurance is in addition to and will not erode any other limits of this Policy. The Crisis Management Expenses Aggregate limit of insurance shall be excess of any other limits of insurance available to the Insured for the same expenses. G. Key Employee Replacement Expenses Solely with respect to Coverage D Key Employee, the most the Insurer will pay for key employee replacement expenses is the Key Employee Aggregate limit shown on the Declarations of this Policy, regardless of the number key employees for which key employee replacement expenses are incurred. Key employee replacement expenses are not subject to the retained amount. The Key Employee Replacement Expenses Aggregate limit of insurance is in addition to and will not erode any other limits of this Policy. The Key Employee Replacement Expenses Aggregate limit of insurance shall be excess of any other limits of insurance available to the Insured for the same expenses. H. Defense Costs Defense costs are either paid within or are in excess of the limits of insurance as set forth in paragraph C. of the section entitled Defense Costs Payment and Related Duties. I. Exhaustion or Reduction of Applicable Underlying Limit Solely with respect to Coverage A - Excess Follow Liability, if the applicable underlying limits are: 1. reduced solely by the payment of covered loss as set forth in Coverage A including related costs and expenses (if such related costs and expense reduce such limits) Coverage A will apply in excess of the remaining amount of such applicable underlying limit; or 2. exhausted, solely by the payment of covered loss as set forth in Coverage A including related costs and expenses (if such related costs and expense reduce such limits) then Coverage A will apply, subject to this Policy s limit of insurance provision and to the remaining terms and provisions and conditions of this Policy in place of such exhausted applicable underlying limit. If any loss covered under any underlying insurance is subject to a sub-limit (whether or not such sublimit erodes the limits generally available to all claims), then the underlying limits shall not be deemed depleted by payment of any such sub-limits. Nothing herein shall serve to increase the limits of insurance shown in the Declarations of this Policy. No: CNA75504XX ( ) Policy ; Page: a of b
91 Policy VI. CONDITIONS A. Appeals If the Named Insured or its underlying insurers elect not to appeal a judgment in excess of the limits of insurance afforded by the underlying insurance the Insurer may elect to appeal at the Insurer s expense. The Insurer s limits of insurance shall not be increased because of such appeal. However, the Insurer will pay the following costs and expenses: 1. all premium bonds to release attachments for an amount not in excess of the applicable limit of insurance of this policy; 2. all premiums on appeal bonds required in such defended claims, but without obligation to apply for or furnish such bonds; 3. court fees; and 4. costs and expenses taxed against the Named Insured by the appellate court and interest accruing after entry of a judgment against the Named Insured and before the Insurer has paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance of this Policy. Where the underlying insurers terminate their liability to pay interest on the judgment by an offer to pay their limits, the Named Insured shall demand that such limits be paid. If the appeal is successful, such amounts not obligated to be paid shall be returned to such underlying insurer. B. Cancellation and Nonrenewal The Cancellation/Nonrenewal provisions are as set forth in the Cancellation/Nonrenewal attached to this Policy. C. Changes to the Policy Notice to any of the Insurer s agents or knowledge possessed by any such agent or any other person shall not act as a waiver or change in any part of this Policy, nor will such notice prevent the Insurer from asserting any rights under the provisions of this Policy. None of the provisions of this Policy will be waived, changed or modified except by written endorsement issued by the Insurer to form a part of this Policy. D. Concealment, Misrepresentation and Fraud No concealment, misrepresentation or fraud shall avoid or defeat recovery under this Policy unless such concealment, misrepresentation or fraud was material. Concealment, misrepresentation or fraud in the procurement of this Policy which if known by the Insurer would have led to refusal by the Insurer to make this contract or provide coverage, or to make this contract or provide coverage on different terms or conditions, will be deemed material. E. Duties of the First Named Insured on the Declarations of this Policy The First Named Insured, on behalf of all others, will be: 1. authorized to make changes in the terms of this Policy with the consent of the Insurer; 2. the payee of any premiums the Insurer refunds; 3. responsible for: a. remitting the payment of all premiums due, but all Named Insureds jointly and severally agree to make such payments in full if the First Named Insured fails to pay the amount due within 10 days after the Insurer give written notice or demand; b. keeping records of the information the Insurer requires for premium computation, and sending copies of such records at such times as requested by the Insurer; No: CNA75504XX ( ) Policy ; Page: a of b
92 Policy c. notifying the Insurer that the First Named Insured on behalf of all others wants to cancel this Policy; and d. providing any notice required under this Policy. F. Economic and Trade Sanctions This Policy does not provide coverage for an Insured, transaction or that part of loss that is uninsurable under the laws or regulations of the United States concerning trade or economic sanctions. G. Entire Contract By acceptance of this Policy, the Insureds agree that this Policy, including all endorsements to this Policy, constitute the entire contract existing between the parties relating to this insurance. H. Estates, Legal Representatives and Spouses The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this Policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such provided however that this sentence does not apply to the spouse of: 1. a sole proprietorship Named Insured; or 2. members or partners of joint venture or partnership Named Insureds. I. Examination of the Named Insured s Books and Records The Insurer may examine and audit the Named Insured s books and records as they relate to this Policy at any time during the policy period and up to 3 years afterward. J. Financial Impairment Bankruptcy, rehabilitation, receivership, liquidation or other financial impairment of the Named Insured or an underlying insurer shall neither relieve nor increase any of the Insurer s obligations under this Policy. In the event there is diminished recovery or no recovery available to the Named Insured as a result of financial impairment of an underlying insurer, the coverage under this Policy shall apply only in excess of the underlying limits. Under no circumstances shall the Insurer be required to drop down and replace the underlying limits, or assume the obligations of the Named Insured or the financially impaired insurer. K. Headings The description in the headings and subheadings of this Policy is solely for convenience, and forms no part of the terms and conditions of coverage. L. Inspections and Surveys The Insurer has the right but is not obligated to: 1. make inspections and surveys at any time; 2. give the Named Insured reports on the conditions it finds; 3. recommend changes; or 4. conduct loss control and prevention activity. No: CNA75504XX ( ) Policy ; Page: a of b
93 Policy Any inspections, surveys, reports, or recommendations relate only to insurability and the premiums to be charged. The Insurer does not: 1. make safety inspections; 2. undertake to perform the duty of any organization to provide for the health or safety of workers or the public; nor 3. warrant that conditions are safe or healthful or comply with laws, regulations, codes or standards. This provision applies not only to the Insurer, but also to any rating, advisory, rate service, or similar organization which makes insurance inspections, surveys, recommendations, reports, or gives loss control or prevention advice, on its behalf. M. Legal Action Limitation No person or organization has a right under this Policy: 1. to join the Insurer as a party or otherwise bring the Insurer into a suit asking for damages from an Insured; or 2. to sue Insurer on this Policy unless all of its terms have been fully complied with. A person or organization may sue the Insurer to recover on an agreed settlement or on a final judgment against an Insured; but the Insurer will not be liable for damages that are not payable under the terms of this Policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by the Insurer, the Insured and the claimant or the claimant's legal representative. N. Maintenance of Underlying Insurance Solely with respect to Coverage A - Excess Follow Liability, while this Policy is in force the First Named Insured agrees that the underlying insurance and renewals and replacements thereof shall be maintained, without alterations of terms or conditions, in full effect during the term of this Policy; except for reduction or exhaustion of the limits of insurance in the underlying insurance, provided that such reduction or exhaustion is solely the result of incidents covered under this Policy. If the First Named Insured fails to maintain underlying insurance, this condition shall not invalidate this Policy. However, in the event of such failure, the Insurer will only be liable to the same extent as if such underlying insurance was in full force and effect without alteration of its terms and conditions. O. Notice of Claims/Crisis Management Event/Covered Accident 1. Solely with respect to Coverage A - Excess Follow Liability, if any underlying insurance is a policy issued by the Insurer or any of its affiliates, then notice of any claim under such underlying insurance is notice to the Insurer under this Policy. 2. It is a condition precedent to coverage under this Policy that: a. subject to paragraph b. below, the Insured notify the Insurer as soon as practicable of an incident which an Insured believes may result in a claim. To the extent possible, notice should include: i. how, when and where the incident took place; ii. the names and addresses of any injured persons and witnesses; and iii. the nature and location of any injury or damage arising out of the incident. No: CNA75504XX ( ) Policy ; Page: a of b
94 Policy b. the Insured notify the Insurer as soon as practicable of an incident if it involves: i. a demand against the Insured which exceeds 50% of any remaining applicable underlying limit; ii. any underlying insurance reserve or monetary exposure exceeding $500,000; or iii. any of the following: (a) brain damage, including but not limited to any neurological impairment of infants or adults and coma; (b) spinal cord injury, including but not limited to paraplegia or quadriplegia; (c) loss of any organ; (d) severe disfigurement, including but not limited to burns and amputations; or (e) death. c. if a claim is made against any Insured, the Named Insured: i. will immediately record the specifics of the claim and the date received and notify the Insurer of such claim; ii. will immediately send the Insurer copies of any demands, notices, summonses or legal papers received in connection with the claim; iii. will authorize the Insurer to obtain records and other information; iv. will cooperate with the Insurer in the investigation or settlement of the claim or defense against the suit; v. will assist the Insurer, upon its request, in the enforcement of any right against any person or organization which may be liable to the Insured because of injury or damage to which this insurance may also apply; and vi. will not voluntarily make a payment, except at its own cost, assume any obligation, or incur any expense, other than for first aid, without the Insurer s prior consent. 3. Cooperation With respect to both Coverage A - Excess Follow Liability and Coverage B Umbrella Liability, the Named Insured will cooperate with the Insurer in addressing all claims required to be reported to the Insurer in accordance with this paragraph O. Notice of Claims/Crisis Management Event/Covered Accident, and refuse, except solely at its own cost, to voluntarily, without the Insurer s approval, make any payment, admit liability, assume any obligation or incur any expense related thereto. P. Notices Any notices required to be given by an Insured shall be submitted in writing to the Insurer at the address set forth in the Declarations of this Policy. Q. Other Insurance If the Insured is entitled to be indemnified or otherwise insured in whole or in part for any damages or defense costs by any valid and collectible other insurance for which the Insured otherwise would have been indemnified or otherwise insured in whole or in part by this Policy, the limits of insurance specified in the Declarations of this Policy shall apply in excess of, and shall not contribute to a claim, incident or such event covered by such other insurance. No: CNA75504XX ( ) Policy ; Page: a of b
95 Policy With respect to Coverage A Excess Follow Liability only, if: a. the Named Insured has agreed in writing in a contract or agreement with a person or entity that this insurance would be primary and would not seek contribution from any other insurance available; b. Underlying Insurance includes that person or entity as an additional insured; and c. Underlying Insurance provides coverage on a primary and noncontributory basis as respects that person or entity; then this insurance is primary to and will not seek contribution from any insurance policy where that person or entity is a named insured. R. Premium All premium charges under this Policy will be computed according to the Insurer s rules and rating plans that apply at the inception of the current policy period. Premium charges may be paid to the Insurer or its authorized representative. S. In Rem Actions A quasi in rem action against any vessel owned or operated by or for a Named Insured, or chartered by or for a Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. T. Separation of Insureds Except with respect to the limits of insurance, and any rights or duties specifically assigned in this Policy to the First Named Insured, this insurance applies: 1. as if each Named Insured were the only Named Insured; and 2. separately to each Insured against whom a claim is made. U. Transfer of Interest Assignment of interest under this policy shall not bind the Insurer unless its consent is endorsed hereon. V. Unintentional Omission Based on Insurer s reliance on the Named Insured s representations as to existing hazards, if the Named Insured should unintentionally fail to disclose all such hazards at the effective date of this Policy, the Insurer will not deny coverage under this Policy because of such failure. W. Waiver of Rights of Recovery The Insurer waives any right of recovery it may have against any person or organization because of payments the Insurer makes under this Policy if the Named Insured has agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: 1. is in effect or becomes effective during the policy period; and 2. was executed prior to loss. VII. DEFINITIONS For purposes of this Policy, words in bold face type, whether expressed in the singular or the plural, have the meaning set forth below. No: CNA75504XX ( ) Policy ; Page: a of b
96 Policy Advertisement means a notice that is broadcast or published to the general public or specific market segments about the Named Insured s goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: A. notices that are published include material placed on the Internet or on similar electronic means of communication; and B. regarding web-sites, only that part of a web-site that is about the Named Insured s goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Aircraft means any machine or device that is capable of atmospheric flight. Arbitration proceeding means a formal alternative dispute resolution proceeding or administrative hearing to which an Insured is required to submit by statute or court rule or to which an Insured has submitted with the Insurer s consent. Asbestos means the mineral in any form whether or not the asbestos was at any time airborne as a fiber, particle or dust, contained in or formed a part of a product, structure or other real or personal property, carried on clothing, inhaled or ingested, or transmitted by any other means. Authorized Insured means any executive officer, member of the Named Insured s risk management or in-house general counsel s office, or any employee authorized by the Named Insured to give or receive notice of a claim. Auto means: A. a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or B. any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, auto does not include mobile equipment. Bodily injury means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the bodily injury, sickness or disease. Claim means a: A. suit; or B. written or oral demand for damages alleging injury to which this insurance applies. Coverage territory means: A. the United States of America (including its territories and possessions), Puerto Rico and Canada; B. international waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in paragraph A. above; or C. all other parts of the world if the injury or damage arises out of: 1. goods or products made or sold by the Named Insured in the territory described in paragraph A. above; 2. the activities of a natural person whose home is in the territory described in paragraph A. above, but is away for a short time on the Named Insured s business; or 3. an offense that take place through the Internet or similar electronic means of communication, provided that the Insured s responsibility to pay damages is determined in a suit on the merits, in the territory described in paragraph A. above or in a settlement the Insurer agrees to. No: CNA75504XX ( ) Policy ; Page: a of b
97 Policy Covered accident means a sudden and unexpected event, which solely and independently of any other cause results in the key employee s death or permanent disability within one year after the date of the sudden event. Crisis management event means an event that an executive officer reasonably believes has resulted or may result in significant adverse regional or national media coverage and a claim for: A. bodily injury, property damage or any of the following personal and advertising injury offenses: 1. false arrest, detention or imprisonment; 2. malicious prosecution or abuse of process; or 3. wrongful eviction from, wrongful entry into, or the invasion of the right of private occupancy of a room, dwelling or premises that a person occupies committed by or on behalf of its owner, landlord or lessor; and B. damages to which this insurance applies, that are in excess of any applicable: 1. underlying limits; or 2. retained amount. Crisis management expenses means crisis management public relations expenses and crisis management other expenses provided however crisis management expenses do not include any of the following: A. salary, wages, or benefits of the Named Insured or the Named Insured s employees; B. loss of business income; C. costs to acquire, repair or replace real or personal property; or D. expense to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by a Named Insured. Crisis management public relations expenses means reasonable and necessary expenses incurred in connection with a crisis management event by the Named Insured: A. to hire a crisis management firm; B. to set up call centers or similar inquiry management system to manage inquiries from, or to directly contact, individuals or entities that may be directly impacted by such crisis management event; C. to create and deliver notification letters to contact individuals or entities that may be directly impacted by the crisis management event; or D. other related miscellaneous expenses. Crisis management other expenses means reasonable and necessary expenses incurred in connection with a crisis management event by the Named Insured: A. to pay medical expenses, funeral expenses, psychological counseling expenses, travel expenses, and temporary living expenses of a third party who incurs bodily injury, or a family member of such third party, by reason of such crisis management event; B. for travel expenses incurred by or on behalf of Insureds and at the direction of the crisis management firm; C. to secure the scene of a crisis management event; and D. other related miscellaneous expenses. Crisis management firm means a public relations firm, law firm or crisis management firm approved by the Insurer to provide media management services and to respond to actual or anticipated adverse publicity arising No: CNA75504XX ( ) Policy ; Page: a of b
98 Policy out of a crisis management event or covered accident. Damages means the amount an Insured is legally obligated to pay, either through: A. final adjudication of a claim; or B. through compromise or settlement of a claim with the Insurer s written consent or direction, because of covered incidents. In addition, damages includes the above-mentioned sums only after deducting all other recoveries and salvages. However, damages does not include: 1. civil or criminal fines, sanctions, penalties or forfeitures, whether pursuant to law, statute, regulation or court rule; 2. injunctive or declaratory relief; 3. any amount that is not insurable under any applicable law; or 4. plaintiff s attorney fees associated with any of the above. Notwithstanding paragraph 3. above, damages shall include (subject always to this Policy s other terms, conditions and limitations) punitive and exemplary damages the enforceability of which shall be governed by such applicable law that most favors coverage for damages. Defense costs mean: A. reasonable and necessary fees, costs, and expenses incurred by the Insurer or consented to by the Insurer and incurred by the Named Insured in the defense or appeal of a covered suit or in the investigation of any covered claim, and includes premium for appeal bonds arising out of a covered judgment, attachment bonds or similar bonds, but only for bond amounts up to the applicable limit of insurance. In addition, the Insurer will pay up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which bodily injury coverage applies. The Insurer has no obligation to provide such bonds. B. prejudgment interest awarded against an Insured on that part of a judgment covered by this policy. If the Insurer makes an offer to pay the applicable limit of insurance, the Insurer will not pay any prejudgment interest based on that period of time after the offer. C. post judgment interest which accrues after entry of judgment, but before the Insurer has paid or offered to pay, or deposited in court that part of the judgment which is within the limit of insurance of this Policy. The amount of interest the Insurer pays will be in direct proportion to the amount of damages the Insurer pays in relation to the total amount of the judgment. D. all reasonable expenses incurred by a natural person Insured at the Insurer s request to assist the Insurer in the investigation or defense of the claim. This includes such Insured s actual loss of earnings up to $750 per day, because of time off from work. E. all court costs taxed against the Insured in the suit. However, these payments do not include attorneys' fees or attorneys' expenses taxed against the Insured. Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. Employee includes leased workers or employees loaned to the Insured. Temporary workers are not employees. Executive Officer means any natural person holding any of the following positions created by the Named Insured s charter, constitution, bylaws or any other similar governing document: No: CNA75504XX ( ) Policy ; Page: a of b
99 Policy A. director, officer, trustee or governor of a corporation; B. management committee member of a joint venture; C. partner of a partnership; D. manager of a limited liability company; and E. trustee of a trust. An executive officer is not an employee. First Named Insured means the person or organization first listed as a Named Insured in the Declarations of this Policy. Fungi means any form of fungus, including but not limited to, yeast, mold, mildew, rust, smut or mushroom, and including any spores, mycotoxins, odors, or any other substances, products, or byproducts produced by, released by, or arising out of the current or past presence of fungi. However, fungi does not include any fungi intended by the Insured for human consumption. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property, other than your product or your work that cannot be used or is less useful because: A. it incorporates your product or your work that is known or thought to be defective, deficient, inadequate or dangerous; or B. the Named Insured has failed to fulfill the terms of a contract or agreement, if such property can be restored to use by the repair, replacement, adjustment or removal of your product or your work; or the Named Insured s fulfilling the terms of the contract or agreement. Incident means: A. with respect to Coverage A - Excess Follow Liability, a covered event as defined in applicable underlying insurance; B. solely with respect to Coverage B - Umbrella Liability: 1. with respect to bodily injury and property damage, incident means an occurrence; or 2. with respect to personal and advertising injury, incident means an offense that gives rise to such personal and advertising injury. Insured means any person or organization set forth in the section entitled WHO IS AN INSURED. Insured contract means: 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 to premises while rented to the Named Insured or temporarily occupied by the Named Insured with permission of the owner is not an insured contract; B. a sidetrack agreement; C. an easement or license agreement; except in connection with construction or demolition operations on or within 50 feet of a railroad; D. an obligation, as required by ordinance, to indemnify a municipality except in connection with work for a municipality; E. an elevator maintenance agreement; or No: CNA75504XX ( ) Policy ; Page: a of b
100 Policy F. the part of any other contract or agreement pertaining to its business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization, provided the bodily injury or property damage is caused, in whole or in part, by the Named Insured or by those acting on its behalf. However, such part of a contract or agreement shall only be considered an insured contract to the extent the Named Insured s assumption of the tort liability is permitted by law. Tort liability means liability that would be imposed by law in the absence of contracts or agreements. This paragraph F. does not include that part of a contract or agreement: 1. that indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing; 2. that indemnifies an architect, engineer or surveyor for bodily injury or property damage arising out of: a b preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or giving directions or instructions, or failing to give them, if that is the primary cause of the bodily injury or property damage; 3. under which an Insured, if an architect, engineer or surveyor, assumes liability for bodily injury or property damage arising out of such Insured s rendering or failure to render professional services, including those listed in paragraph 2. above and supervisory, inspection, architectural or engineering activities; or 4. that indemnifies a person or organization for damage by fire to premises rented to or loaned to an Insured. Key employee means any of the following officer and employment positions: A. Chief Executive Officer; B. Chief Operating Officer; C. Chief Financial Officer; D. Corporate Secretary; E. Treasurer; F. Executive Vice President; and G. Risk Manager Key employee also means anyone added as such by endorsement to the Policy. Key employee replacement expenses means the actual and necessary expenses incurred by the Named Insured: A. to continue the performance of the key employee's normal job responsibilities, with comparable quality, while a permanent replacement for the key employee is being sought, appointed or hired, and trained. B. to find a qualified permanent replacement to fill the key employee s position: 1. costs of advertising the employment position opening; 2. travel, lodging, meal and entertainment expenses incurred in interviewing job applicants for the employment position opening; and No: CNA75504XX ( ) Policy ; Page: a of b
101 Policy 3. miscellaneous extra expenses incurred in finding, interviewing and negotiating with the job applicants, including, but not limited to, overtime pay, costs to verify the background and references of the job applicants and legal expenses incurred to draw up employment contracts. C. to minimize the amount of key employee replacement expenses, but only to the extent the amount of key employee replacement expenses otherwise payable under paragraphs 1. and 2. above are reduced. D. to relocate the replacement employee to an area within a reasonable commute from their place of employment. E. to pay the following reasonable and necessary expenses incurred in connection with the death or permanent disability of any key employee: 1. to hire a crisis management firm. 2. to create and deliver notification letters to contact individuals or entities that may be directly impacted by the key employee covered accident; or 3. other related miscellaneous expenses F. Key employee replacement expenses also include first year amounts of the replacement employee's: 1. annual base starting salary; 2. employee perquisite costs; and 3. employee benefit costs; in excess of the amounts which would have been incurred for the key employee if the Named Insured had not lost the services of the key employee. However, the Insurer will not pay more for these expenses than 10% of the amounts which would have been incurred for the key employee. Key employee replacement expenses do not include the following: a. any expenses which would have been incurred by the Named Insured for the key employee if the Named Insured had not lost the services of the key employee; b. any key employee replacement expenses that are paid for by any other insurance; c. except as provided in paragraph F. above, salary, wages, or benefits of the Named Insured, the Named Insured s employees, the Named Insured s temporary workers or volunteer workers; d. costs to acquire, repair or replace real or personal property; e. the Named Insured s loss of business income; f. expenses incurred by or on behalf of the Named Insured to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by the Named Insured; and g. expenses incurred by or on behalf of the Named Insured due to bodily injury, property damage, or personal and advertising injury. Leased worker means a person leased to the Named Insured by a labor leasing firm under an agreement between the Named Insured and such labor leasing firm, to perform duties related to the conduct of the Named Insured s business. Leased worker does not include a temporary worker. Loading or unloading means the handling of property: A. after it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or auto; B. while it is in or on an aircraft, watercraft or auto; or No: CNA75504XX ( ) Policy ; Page: a of b
102 Policy C. while it is being moved from an aircraft, watercraft or auto to the place where it is finally delivered. However, loading or unloading does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or auto. Mobile equipment means any of the following types of land vehicles, including any attached machinery or equipment: A. bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; B. vehicles maintained for use solely on or next to premises the Named Insured owns or rents; C. vehicles that travel on crawler treads; D. vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: 1. power cranes, shovels, loaders, diggers or drills; or 2. road construction or resurfacing equipment such as graders, scrapers or rollers; E. vehicles not described in A., B., C. or D. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: 1. air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or 2. cherry pickers and similar devices used to raise or lower workers; and F. vehicles not described in A., B., C. or D. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos: 1. equipment designed primarily for: a. snow removal; b. road maintenance, but not construction or resurfacing; or c. street cleaning; 2. cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and 3. air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Named Insured means the persons or organizations named as such in the Declarations of this Policy. 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 No: CNA75504XX ( ) Policy ; Page: a of b
103 Policy 3. handling, processing or packaging nuclear 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 any Insured at the premises where such equipment is located consists of or contains more than: grams of plutonium or uranium 233 or any combination thereof; or grams of uranium 235; and D. any structure, basin, excavation, premises or place prepared or used for the storage or disposal of nuclear 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 material means source material, special nuclear material, or by-product material as these terms are defined in the Atomic Energy Act of 1954 or in any law amendatory thereof. Nuclear reactor means an apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. Nuclear Waste means waste material: A. containing by-product material other than the tailings or waste produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material (as defined in the Atomic Energy Act of 1954 or in any law amendatory thereof) content; and B. resulting from the operation by any person or organization, of a nuclear facility included within paragraphs A. and B. of the definition of nuclear facility. Occurrence means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. Other insurance means any: A. valid and collectible policy of insurance; B. self insurance; or C. indemnity agreement by which an Insured arranges for funding or transferring its liabilities that provides coverage that this Policy also provides. Other insurance does not include underlying insurance or any policy that was bought specifically to apply in excess of the limits of insurance shown in the Declarations of this Policy. Other organic pathogens means any organic irritant or contaminant other than fungi, including but not limited to bacteria, microbes and viruses (whether or not a microorganism), that cause infection and disease. Other organic pathogens includes any spores, mycotoxins, odors, variants, mutations, or any other substances, products, or byproducts produced by, released by, or arising out of the current or past presence of such pathogens, and any colony or group of the foregoing. However, other organic pathogens does not mean pathogens that were transmitted directly from person to person. Permanent disability means permanent physical inability, or mental inability due to a permanent physical inability, of the key employee to perform the normal duties of the applicable position for which the individual qualifies as a key employee. Personal and advertising injury means injury, including consequential bodily injury, arising out of one or more of the following offenses: No: CNA75504XX ( ) Policy ; Page: a of b
104 Policy A. false arrest, detention or imprisonment; B. malicious prosecution or abuse of process; C. wrongful eviction from, wrongful entry into, or the invasion of the right of private occupancy of a room, dwelling or premises that a person occupies committed by or on behalf of its owner, landlord or lessor; D. oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person s or organization s goods, products or services; E. oral or written publication, in any manner, of material that violates a person s right of privacy; F. the use of another s advertising idea in the Named Insured s advertisement; or G. infringing upon another s copyright, trade dress or slogan in the Named Insured s advertisement. Policy period means the time from A.M. on the effective date of this Policy as set forth in the Declarations of this Policy to the earlier of A.M. of the expiration, termination or cancellation date of this Policy. Pollutants mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes medical waste and materials to be recycled, reconditioned or reclaimed. Products-completed operations hazard means bodily injury or property damage occurring away from premises the Named Insured owns or rents and arising out of your product or your work except: A. products that are still in the Named Insured s physical possession; or B. work that has not yet been completed or abandoned. However, your work will be deemed completed at the earliest of the following times: 1. when all of the work called for in the Named Insured s contract has been completed; 2. when all of the work to be done at the job site has been completed if the Named Insured s contract calls for work at more than one job site; or 3. when that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. However, products-completed operations hazard does not include bodily injury or property damage arising out of: A. the transportation of property, unless bodily injury or property damage arises out of a condition in or on a vehicle not owned or operated by the Named Insured, and that condition was created by the loading or unloading of that vehicle by any Insured; B. the existence of tools, uninstalled equipment or abandoned or unused materials; or C. products or operations for which the underlying insurer states that products-completed operations are subject to the General Aggregate Limit. Property damage means: A. physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or B. loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the incident that caused it. No: CNA75504XX ( ) Policy ; Page: a of b
105 Policy However, electronic data is not tangible property. Retained amount means the self insured retention as set forth on the Declarations of this Policy or the amount payable by other insurance, whichever is greater. Silica means the chemical compound silicon dioxide (SiO2) in any form, including dust which contains silicone dioxide. Spouse means any husband, wife or partner in a marriage or civil union or any person qualifying as a domestic partner under any federal, state or local laws or under the Named Insured s employee benefit plans or employee benefits program. Sub limit means a limit that is lower than the underlying limits. Suit means a civil proceeding in which damages because of injury or damage to which this insurance applies are alleged, including: A. an arbitration proceeding alleging such damages; or B. any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with the Insurer s consent. Temporary worker means a worker who is furnished to the Named Insured to substitute for a permanent employee on leave or to meet seasonal or short-term workload conditions. Underlying insurance means policies of insurance listed in the Schedule of Underlying Insurance including renewal or replacement of such insurance which is neither more restrictive nor more broad than that listed in the aforementioned Schedule of Underlying Insurance. Underlying insurer means the insurer providing the underlying insurance. It does not include any insurer whose policies were purchased specifically to be in excess of this policy. Underlying limits means the limits of insurance as set forth in the Schedule of Underlying Insurance. Volunteer worker means a person who is not an employee and who donates his or her work and acts at the direction of or within the scope of duties determined by the Named Insured and is not paid a fee, salary or other compensation by the Named Insured or anyone else for their work performed for the Insured. Your product means: A. means: 1. any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: a. the Named Insured; b. others trading under the Named Insured s name; or c. a person or organization whose business or assets the Named Insured has acquired; and 2. containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. B. includes: 1. warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your product; and 2. The providing of or failure to provide warnings or instructions. C. does not include vending machines or other property rented to or located for the use of others but not sold. No: CNA75504XX ( ) Policy ; Page: a of b
106 Policy Your work: A. means: 1. work or operations performed by the Named Insured or on its behalf; and 2. materials, parts or equipment furnished in connection with such work or operations. B. Includes: 1. warranties or representations made with respect to the fitness, quality, durability, performance or use of your work, and 2. the providing of or failure to provide warnings or instructions. IN WITNESS WHEREOF, the Insurer has caused this Policy to be signed by the Insurer s Chairman and Secretary, but this Policy shall not be binding upon the Insurer unless completed by the attachment of the Declarations of this Policy and signed by the Insurer s duly authorized representative if required. Chairman of the Board Secretary No: CNA75504XX ( ) Policy ; Page: a of b
107 AMENDMENT TO DEFINITION OF PERSONAL AND ADVERTISING INJURY (DELETION OF PARAGRAPH E.) This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that: I. If this endorsement is attached to the PARAMOUNT EXCESS AND UMBRELLA POLICY, then solely with respect to Coverage B, under DEFINITIONS, the definition of personal and advertising injury is amended to delete paragraph E. in its entirety. II. If this endorsement is attached to the PARAMOUNT UMBRELLA LIABILITY POLICY, then under DEFINITIONS, the definition of personal and advertising injury is amended to delete paragraph E. in its entirety. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75508XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
108 MARITIME EMPLOYERS LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; or C. PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS; is amended by the addition of the following new exclusion: Maritime Employers Liability any actual or alleged liability sustained by: a. A master or member of the crew of any vessel; or b. Any person in the course of employment subject to the United States Longshoremen s and Harbor Workers Act, U.S. Code 1946, Title 33, Sections , including any addition or amendment thereto. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75511XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
109 AFFILIATED CHAPTER ACTIVITIES EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that if this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; is amended by the addition of the following new exclusion: Affiliated Chapter Activities Exclusion any actual or alleged liability arising out of: a. facilities owned, occupied or used by; b. operations by or on behalf of; c. the ownership, maintenance, use, or entrustment to others of an auto or mobile equipment, aircraft or watercraft by; or d. the use of an auto or mobile equipment, aircraft or watercraft in connection with the activities of; any chapter, club or similar entity affiliated or associated with any insured under a charter, license, franchise or similar arrangement, regardless of whether such arrangement has been reduced to writing. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75512XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
110 NUMBER OF DAYS NOTICE OF CANCELLATION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: NUMBER OF DAYS NOTICE OF CANCELLATION (OTHER THAN NONPAYMENT OF PREMIUM) Notwithstanding anything to the contrary, for any statutorily permitted reason other than nonpayment of premium, the number of days required for written notice of cancellation to the Named Insured listed first in the Declarations of this Policy is increased to UMB_NumberOfDays days before the effective date of cancellation. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75513XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
111 NUMBER OF DAYS NOTICE OF NONRENEWAL This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: NUMBER OF DAYS NOTICE OF NONRENEWAL Notwithstanding anything to the contrary, the number of days required for notice of nonrenewal is increased to UMB_NumberOfDays days after the Insurer mails or delivers notice to the Named Insured listed first in the Declarations of this Policy. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75514XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
112 POLYCHLORINATED BIPHENYLS (PCBs) EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; is amended by the addition of the following new exclusion: Polychlorinated Biphenyls (PCBs) any actual or alleged: a. liability arising out of, or caused by, the actual, alleged or threatened exposure at any time to polychlorinated biphenyls (PCBs) or products containing polychlorinated biphenyls (PCBs); b. legal obligation of any Insured for indemnification or contribution due to damages arising out of any liability caused by polychlorinated biphenyls (PCBs) or products containing polychlorinated biphenyls (PCBs); or c. loss, cost or expense arising out of any: i. request, demand, order or statutory or regulatory requirement that any Insured or others test for, monitor, clean up, remove, abate, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of polychlorinated biphenyls (PCBs) or products containing polychlorinated biphenyls (PCBs); or ii. claim for damages because of testing for, monitoring, cleaning up, removing, abating, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of polychlorinated biphenyls (PCBs) or products containing polychlorinated biphenyls (PCBs). II. If this endorsement is attached to the PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS is amended by the addition of the exclusion set forth in paragraph I. above, except that: A. The bolded word claim is deleted in its entirety and replaced with claim or suit. B. The bolded word Insured is deleted in its entirety and replaced with insured. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75515XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
113 METAL GAS EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; is amended by the addition of the following new exclusion: Metal Gas any actual or alleged: a. liability which would not have occurred, in whole or in part, but for the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of any metal gas; or b. loss, cost, or expense arising out of any: i. request, demand, order or statutory or regulatory requirement that any Insured or others test for, monitor, clean up, remove, contain, treat, detoxify, neutralize, remediate, or dispose of, or in any way respond to or assess the effects of, metal gas; or ii. claim by or on behalf of a governmental authority for damages because of 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, metal gas. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage, loss, cost or expense. As used in this endorsement, metal gas means any gas, fumes, vapor or metal by-products or alloys of metal heating, processing, cutting or welding, including, but not limited to, metal oxides, aluminum, arsenic, beryllium, cadmium, chromium, copper, iron, magnesium, manganese, nickel, or zinc. II. If this endorsement is attached to the PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS is amended by the addition of the exclusion set forth in paragraph I. above, except that: A. The bolded word claim is deleted in its entirety and replaced with claim or suit. B. The bolded word Insured is deleted in its entirety and replaced with insured. No: CNA75516XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
114 All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75516XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
115 PROFESSIONAL SERVICES EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; is amended by the addition of the following new exclusion: Professional Services any liability arising out of the actual or alleged rendering of, or failure to render, any professional services by the Insured or any other person for whose acts the Insured is legally responsible. II. If this endorsement is attached to the PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS is amended by the addition of the exclusion set forth in paragraph I. above, except that the bolded word Insured is deleted in its entirety and replaced with insured. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75518XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
116 PUNITIVE DAMAGES EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; is amended by the addition of the following new exclusion: Punitive Damages punitive, exemplary or multiplied damages assessed against any Insured or indemnitee. If a claim seeks compensatory damages because of an incident covered by this insurance, and also seeks punitive, exemplary or multiplied damages because of the same incident, then the Insurer s duties under DEFENSE COSTS PAYMENT AND RELATED DUTIES are not negated by the request for punitive, exemplary or multiplied damages. But the Insurer will have no obligation to pay any attorney fees, interest or other costs attributable to punitive, exemplary or multiplied damages. II. If this endorsement is attached to the PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY or the PARAMOUNT UMBRELLA LIABILITY POLICY, then under DEFINITIONS, the definition of damages is amended by deleting the final sentence of the definition in its entirety. III. If this endorsement is attached to the PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS is amended by the addition of the following new exclusion: Punitive Damages punitive, exemplary or multiplied damages assessed against any insured or indemnitee. If a claim or suit seeks compensatory damages because of an incident covered by this insurance, and also seeks punitive, exemplary or multiplied damages because of the same incident, then any duty the Insurer may have to investigate, pay or defend any claim or suit after the exhaustion of underlying insurance by payment of damages to which this insurance applies shall not be negated by the request for punitive, exemplary or multiplied damages. But the Insurer will have no obligation to pay any attorney fees, interest or other costs attributable to punitive, exemplary or multiplied damages. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75520XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
117 NOTICE OF CANCELLATION OR MATERIAL CHANGE - GOVERNMENT INSTALLATION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: I. In the event of cancellation or material change that reduces or restricts the insurance afforded by this Policy, (other than the reduction of aggregate limits through payment of claims), the Insurer agrees to send prior written Notice of Cancellation or Material Change to the Contracting Officer scheduled below in compliance with the following insurance requirements for federal contractors under Federal Acquisition Regulations (FAR). Notice of Cancellation or Material Change will be sent to the Contracting Officer scheduled below: days prior to the date of cancellation or material change; or 2. In compliance with certificate-holder notice requirements prescribed in the state where the contract is to be performed; whichever period is longer. SCHEDULE 1. Name of Government Installation: UMB_InstallationName 2. Name and Address of Contracting Officer: UMB_OfficerNameAddress II. If this is attached to the PARAMOUNT EXCESS LIABILITY POLICY, then the bolded word claims is replaced with the word claims. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75521XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
118 ELECTROMAGNETIC AND IONIZING RADIATION EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; is amended by the addition of the following new exclusion: Electromagnetic and Ionizing Radiation any actual or alleged: a. liability arising out of the actual, alleged or threatened emission, seepage, dispersal, release or escape of electromagnetic or ionizing radiation at any time; or b. loss, cost or expense arising out of any: i. request, demand, order or statutory or regulatory requirement that any Insured or others test for, monitor, abate or mitigate, or in any way respond to, or assess the effects of, any electromagnetic or ionizing radiation, or exposure to such radiation; or ii. claim relating to testing for, monitoring, abating or mitigating, or in any way responding to or assessing the effects of, electromagnetic or ionizing radiation. II. If this endorsement is attached to the PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS is amended by the addition of the exclusion set forth in paragraph I. above, except that the bolded word claim is deleted in its entirety and replaced with claim or suit. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75522XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
119 TOBACCO PRODUCTS EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; or C. PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS; is amended by the addition of the following new exclusion: Tobacco Products any actual or alleged liability arising out of, relating to, or made worse by: a. the ingestion, sniffing, smoking, inhalation of combustion by-products, chewing or absorption by the body of any tobacco product; or b. the presence or absence of representations concerning any tobacco product; or c. any activity undertaken to test for, monitor, research, prevent, discourage, or minimize the use or effects of any tobacco product. As used herein, tobacco product means any product in which tobacco is an ingredient, including without limitation, cigarettes, cigars, chewing tobacco, snuff and pipe tobacco, as well as: i. any additives or pesticides or any other ingredient in such product; and ii. filters and devices used to consume such product, such as pipes, cigarette holders, and paper wrappers. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75523XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
120 CHANGES NOTICE OF CANCELLATION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: I. In the event of cancellation of this coverage during the policy period for a reason other than nonpayment of premium, the Insurer agrees to mail prior written notice of cancellation to: SCHEDULE Name Address Number of Days Advanced Notice Cancellation Name Cancellation Address Advanced Notice Days II. If this is attached to the PARAMOUNT EXCESS LIABILITY POLICY, then the bolded term policy period is deleted in its entirety and replaced with the term policy period. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75525XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
121 AIRCRAFT PRODUCTS HAZARD AND AIRCRAFT GROUNDING HAZARD EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; or II. B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; is amended by the addition of the following new exclusion: Aircraft Products Hazards and Aircraft Grounding Hazards any actual or alleged liability arising out of the aircraft products hazard or aircraft grounding hazard. The following definitions are added: Aircraft grounding hazard means the withdrawal from service of one or more aircraft or ground equipment items because of any suspected or known defects in such aircraft or ground equipment. Aircraft products hazard means: A. the manufacture, sale, handling, distribution, inspection, maintenance, servicing repair or rebuilding of: 1. aircraft or ground equipment; 2. any article or part installed in aircraft or ground equipment or used in connection with either; and 3. ground handling tools and equipment; B. plans, specifications, opinions, surveys, designs, recommendations or advice relating to any article or part installed in or used in connection with aircraft or ground equipment; C. training aids, instructions and manuals relating to the operation, inspection, maintenance, servicing, repair or rebuilding of aircraft or ground equipment. Ground equipment means the ground support and ground control equipment necessary for the operation of aircraft. III. If this endorsement is attached to the PARAMOUNT EXCESS LIABILITY POLICY, then: A. under the section entitled EXCLUSIONS, the exclusion set forth in paragraph I. is added. B. solely with respect to this endorsement, the section entitled DEFINITIONS is amended by the following: 1. the bolded word insured is deleted in its entirety and replaced with the word insured. 2. The following new definition is added: No: CNA75526XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
122 Aircraft means any machine or device that is capable of atmospheric flight. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75526XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
123 OCCUPATIONAL/ENVIRONMENTAL DISEASE EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; or C. PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS: is amended by the addition of the following new exclusion: Occupational/Environmental Disease any actual or alleged liability resulting from any occupational or environmental disease arising out of the Named Insured s operations or products. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75527XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
124 FAILURE TO SUPPLY EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; is amended by the addition of the following new exclusion: Failure to Supply any liability arising out of the actual or alleged failure of any Insured to adequately supply gas, oil, water, electricity, steam or biofuel. However, this exclusion does not apply if the failure to supply results from the sudden and accidental injury to tangible property owned or used by any Insured to procure, produce, process or transmit the gas, oil, water, electricity, steam or biofuel. II. If this endorsement is attached to the PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS is amended by the addition of the exclusion set forth in paragraph I. above, except that the bolded word Insured is deleted in its entirety and replaced with insured. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75528XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
125 HUMAN CLINICAL TRIALS EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; or C. PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS; is amended by the addition of the following new exclusion: Human Clinical Trial any actual or alleged liability arising out of any: a. human clinical trial; b. disclosure of or failure to disclose any data or other information with respect to any human clinical trial; or c. evaluation, consultation or advice given with respect to any human clinical trial. As used in this endorsement, human clinical trial means any study, test or experiment involving one or more persons which may provide data or other information for assessment of a pharmaceutical, drug, organism, virus, bacterium or other substance. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75529XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
126 ABSOLUTE ABUSE OR MOLESTATION EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; is amended by the addition of the following new exclusion: Abuse or Molestation any rising out of any actual, alleged, attempted, proposed or threatened abuse or molestation of any person by anyone. This exclusion applies even if a claim against any Insured alleges negligence or other wrongdoing including but not limited to any: a. improper or negligent hiring, employment, retention or supervision; b. improper or negligent provision or failure to provide security; c. improper warning or failure to warn; or d. misrepresentation. II. If this endorsement is attached to the PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS is amended by the addition of the exclusion set forth in paragraph I. above, except that: A. The bolded word claim is deleted in its entirety and replaced with the phrase claim or suit. B. The bolded word insured is deleted in its entirety and replaced with the word insured. III. Solely with respect to this endorsement, the section entitled DEFINITIONS is amended to add the following new definition: Abuse or molestation means any abuse or molestation, whether or not intentional, of any person. Abuse or molestation includes grooming or other acts or omissions in conjunction with, anticipation of, or in preparation for any abuse or molestation. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75531XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
127 TECHNOLOGY SERVICES EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed that if this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; or C. PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS; is amended by the addition of the following new exclusion: TECHNOLOGY SERVICES any liability arising out of any actual or alleged act, error, omission, defect or deficiency in the rendering or failure to render: a. web-site design or consulting services; b. data processing services; c. computer programming or consulting services; d. creation, development, modification, repair, selling, distributing, licensing, franchising or furnishing any computer software, programs, designs, specifications, manuals or instructions; e. any evaluation, consultation or advice given concerning telecommunications equipment or services, internet services or internet access; f. any advice, consultation, evaluation, inspection, supervision, quality control or phone network setup, including central office cabling; or g. the failure to adequately provide internet services, internet access or telecommunications services. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75534XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
128 EXCLUSION OF THE FAILURE TO ADEQUATELY PROVIDE SERVICE This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; or C. PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS; is amended by the addition of the following new exclusion: Adequately Provide Service any liability arising out of the actual or alleged failure to adequately provide any internet access or telecommunication services. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75535XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
129 RESPIRABLE DUST EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; or C. PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS; is amended by the addition of the following new exclusion: Respirable Dust Any actual or alleged liability arising in whole or in part out of the actual, alleged or threatened: a. respiration at any time of; b. ingestion at any time of; c. presence at any time of; or d. exposure at any time to respirable dust. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75538XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
130 FINANCIAL SERVICE COMPANY AS INSURED EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed that if this endorsement is attached to the: I. If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions. is amended by the addition of the following new exclusion: Financial Services Company any actual or alleged liability arising out of: a. the rendering of or the failure to render financial services, including but not limited to the following services: i. planning, administering or advising on: (a) any: (1) Investment, (2) Pension, (3) Annuity, (4) Savings, (5) Checking; or (6) Individual retirement plan, fund or account; (b) the issuance or withdrawal of any bond, debenture, stock or other securities; (c) the trading of securities, commodities or currencies; or (d) any acquisitions or mergers; ii. acting as a dividend disbursing agent, exchange agent, redemption or subscription agent, warrant or scrip agent, fiscal or paying agent, tax withholding agent, escrow agent, clearing agent, or electronic funds transfer agent; iii. lending, or arranging for the lending of, money, including credit card, debit card, leasing or mortgage operations or activities or interbank transfers; iv. repossessing of real or personal property from a borrower or acting as an assignee for the benefit of creditors; No: CNA75539XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
131 v. checking or reporting of credit; vi. maintaining of financial accounts or records; vii. tax planning, tax advising or the preparation of tax returns; viii. selling or issuing travelers checks, letters of credit, certified checks, bank checks or money orders; or ix. advising, inspecting, reporting or making recommendations in the Insured s capacity as an insurance company, consultant, broker, agent or representative thereof. b. the rendering or failure to render insurance company services, including but not limited to the following services: i. effecting or failing to effect, or any obligations assumed under a contract of insurance, reinsurance, suretyship, annuity or endowment; ii. Obligations as a member of, or contributor to, any insolvency or guaranty fund or similar organizations or associations; iii. Investigating, defending or settling any claim; iv. Auditing or maintenance of accounts or records of others; v. Providing safety, engineering, loss or risk control or inspection services; vi. Investing, lending or similar activities; vii. Fiduciary, trustee or similar activities. c. the ownership, maintenance or use, including all related operations, of any property for which the Insured is acting in a fiduciary or representative capacity. d. The rendering of or failure to render the following services: claim, investigation, adjustment, engineering, inspection, appraisal, survey, or audit services. II. If this endorsement is attached to the PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS is amended by the addition of the exclusion set forth in paragraph I. above, except that: The bolded word insured is deleted in its entirety and replaced with the word insured. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75539XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
132 DESIGNATED PROFESSIONAL SERVICES EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY SCHEDULE Description of Professional Services It is understood and agreed as follows: If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; or C. PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS; is amended by the addition of the following new exclusion: Designated Professional Services any liability arising out of the actual or alleged rendering of or failure to render any professional service shown in the Schedule above. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75540XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
133 ENGINEERS, ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; is amended by the addition of the following new exclusion: Architects and Engineers Professional Services any liability of the Insured, or any other person or entity acting on the Insured s behalf, arising out of any actual or alleged rendering of, or failure to render, professional services by an architect, engineer, surveyor, landscape architect, or soil or subsoil analyst. As used in this endorsement, professional services includes, but is not limited to: a. feasibility studies, cost estimates, or soil tests; b. preparing, approving, or failing to prepare or approve, maps, plans, opinions, reports, surveys, change orders, field orders, designs, drawings, shop drawings or specifications; c. supervisory, inspection, architectural or engineering activities; or d. project or construction management services. II. If this endorsement is attached to the PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS is amended by the addition of the exclusion set forth in paragraph I. above, except that the bolded word Insured is deleted in its entirety and replaced with insured. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75541XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
134 SUBSIDENCE EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; or C. PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS; is amended by the addition of the following new exclusion: Subsidence Any actual or alleged liability arising out of the subsidence of land. This exclusion applies whether such liability arises solely from subsidence or from subsidence in combination with other causes, whether natural or man made. II. The following definition is added: Subsidence means earth movement, including but not limited to: A. landslide; B. mudflow; C. earth sinking; D. earth rising; E. collapse or movement of fill; F. improper contraction; G. earth settling, slipping, falling away, caving in, eroding or tilting; H. earthquake; or I. any other movement of land or earth. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75542XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
135 SPECIAL EVENTS EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; or C. PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS; is amended by the addition of the following new exclusion: SPECIAL EVENT a. any injury to any person while practicing for, instructing or participating in any physical exercise, game, sport, athletic contest or athletic exhibition; b. any liability arising out of: i. the ownership, maintenance, operation, use or entrustment to others of any: (a) mechanically operated amusement devices; ii. iii. iv. (b) aircraft of any type and similar devices including but not limited to an airplane, balloon, parasail, parachute, hang glider and ultralight; or (c) trampoline or gymnastic rebounding device; animal related activities; firework displays of any kind; inflatable amusement devices of any kind, including but not limited to moonwalks and slides; v. concerts of any kind, including but not limited to rock, rap, hip-hop, jam, techno, or punk; vi. auto, motorcycle or boat races or events; vii. biking events; viii. bungee jumping; ix. construction activities at or associated with special events; x. demonstrations, strikes, protests or rallies; xi. xii. eating or drinking contests; provision or arrangement of transportation for special events, or for the preparations for special events, including any contract to furnish transportation; No: CNA75544XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
136 xiii. rock climbing walls; xiv. traffic control, road closures, route lay-out or planning associated with special events; xv. water related activities; xvi. any run, walk, stair climb, flash mob or similar organized activity or event; or xvii. special events. These exclusions apply regardless of whether the excluded items, activities or events are: (a) sponsored in whole or in part by any Insured; (b) conducted by or on behalf of any Insured; or (c) situated or held on premises owned, occupied or used by any Insured, or on any other premises. Solely with respect to this exclusion, special events means an activity, event, performance, entertainment, fundraiser or exhibition which is: (1) open to the public or to an Insured's membership or invitees whether or not an admission is charged; (2) held for a specified or limited duration or time; and (3) separate and distinct from the Insured's regular, day to day ongoing operations. II. If this endorsement is attached to the PARAMOUNT EXCESS LIABILITY POLICY, then the bolded word Insured is deleted in its entirety and replaced with the word insured. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75544XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
137 LEAD EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; is amended by the addition of the following new exclusion: Lead a. any actual or alleged liability arising out of the exposure to or presence of lead; or b. any loss, cost or expense arising out of any: i. request, demand, order or statutory or regulatory requirement that any Insured or others test for, monitor, clean up, remove, abate, contain, treat, detoxify or neutralize, or in any way respond to or assess the effects of, lead; or ii. claim relating to testing for, monitoring, cleaning up, removing, abating, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of, lead. II. If this endorsement is attached to the PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS is amended by the addition of the exclusion set forth in paragraph I. above, except that: A. the term Insured is deleted in its entirety and replaced with the term insured ; and B. the term claim is deleted in its entirety and replaced with the phrase claim or suit. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75545XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
138 TORCH WORK EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; is amended by the addition of the following new exclusion: Torch Work any actual or alleged liability arising out of torch work performed by or on behalf of any insured or any other person. II. The following new definition is added: Torch work means roofing operations utilizing open flame equipment and fire follows as a consequence or result. III. If this endorsement is attached to the PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS is amended by the addition of the exclusion set forth in paragraph I. above, except that: A. The bolded word torch work is deleted in its entirety and replaced with the phrase, roofing operations utilizing open flame equipment and fire follows as a consequence or result. B. The bolded word insured is deleted in its entirety and replaced with the word insured. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75546XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
139 DIAGNOSTIC TESTING LABORATORIES EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; or C. PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS; is amended with the addition of the following new exclusion: Diagnostic Testing Laboratories any actual or alleged liability arising out of: a. medical or diagnostic testing, techniques or procedures used for the: i. detection, diagnosis or treatment of any sickness, disease, condition or injury; or ii. evaluation of a patient s response to treatment or medication; or b. the reporting of or reliance upon the results of such medical or diagnostic testing, techniques or procedures as described in Paragraph a. above. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75547XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
140 MEDICAL MALPRACTICE PROFESSIONAL LIABILITY THERAPEUTIC OR COSMETIC SERVICES EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Coverage Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; or C. PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS; is amended by the addition of the following new exclusion: Medical Malpractice/Professional Liability/Therapeutic or Cosmetic Services any actual or alleged liability arising out of: a. the rendering or failure to render: i. medical, surgical, dental, x-ray or nursing service, treatment, advice or instruction, or the related furnishing of food or beverages; ii. any health or therapeutic service, treatment, advice or instruction; iii. any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal, extension or replacement, or personal grooming, relaxation or therapy; or b. the service by any person as a member of a formal accreditation or similar professional board or committee of the Insured or as a person charged with the duty of executing directives of any such board or committee; c. the furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances; or d. the handling or treatment of dead bodies, including autopsies, organ donation or other procedures. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75548XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
141 TESTING OR CONSULTING ERRORS AND OMISSIONS EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed that if this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; or C. PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS; is amended by the addition of the following new exclusion: Testing and Consulting any liability arising out of any: a. actual or alleged error, omission, defect or deficiency in any test performed, or an evaluation, a consultation, or advice given; b. reporting of or reliance upon any such test, evaluation, consultation or advice; or c. actual or alleged error, omission, defect or deficiency in experimental data or the interpretation of that data. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75549XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
142 DESIGNATED COVERAGE EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY SCHEDULE FORM NUMBER FORM NAME POLICY NUMBER ISSUING COMPANY Number Name Policy Number Issuing Company It is understood and agreed that if this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; or C. PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS; is amended by the addition of the following new exclusion: Designated Coverage any actual or alleged liability for which insurance is afforded under the coverage designated in the Schedule including any: a. replacement; b. renewal; or c. extension thereof, or would have been afforded but for the exhaustion of the limits of liability or cancellation or expiration of such coverage. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75550XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
143 ADDITIONAL EXCLUSIONS ASSOCIATIONS This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; is amended by the addition of the following new exclusions: Standards, Protocols, Instructions or Warnings any actual or alleged liability arising out of acts, errors, or omissions in researching, developing, setting, or participating in promulgating standards, protocols, instructions or warnings of any kind, no matter how intended or used or by whom. However, to the extent such liability is covered by underlying insurance, this exclusion does not apply if such acts, errors or omissions cause bodily injury to an individual or property damage at a premises the Named Insured owns or rents, or at a facility the Named Insured uses for a meeting or event. Testing and Certification any actual or alleged liability arising out of acts, errors or omissions in: a. testing, evaluating, monitoring, certifying, approving, decertifying, disapproving, rejecting, or determining: i. the quality, safety, design, durability, performance or marketability of goods, products, programs or services; ii. whether goods, products, programs or services conform to standards of any kind; or iii. whether individuals or organizations are competent, meet standards or requirements of any kind, or merit certifications or accreditations of any kind; or arising out of any promoting, advocating or communicating, or the failure to promote, advocate or communicate about any of the above; or b. connection with any accreditation, certification or licensure, including but not limited to, providing, failing to provide, withdrawing, or failing to withdraw certification, designation, license or recommendation of any individual, organization, product or service. To the extent such liability is covered by underlying insurance, paragraph a.i. of this exclusion does not apply to bodily injury or property damage incurred by an individual or organization at a premises the Named Insured owns or rents, or at a facility the Named Insured uses for a No: CNA75551XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
144 meeting or event, if caused by the Named Insured s act, error or omission in evaluating or certifying the safety of a good, product or service used in that building or facility. Governing Conduct any actual or alleged liability arising out of the rendering of or the failure to render: a. development, adoption or enforcement of ethics codes, codes of conduct or other guidelines intended to govern members' business or professional conduct; or b. disciplinary activities, peer review committee activities, professional committee activities, or similar review board or committee activities. Sponsorship of Others' Services any actual or alleged liability arising out of any Insured's sponsorship or recommendation of, or provision of access to, any provider of goods, products or services. Professional Services any actual or alleged liability arising out of the rendering of or failure to render any professional service, advice, treatment or instruction by or on behalf of any Insured, whether or not such service, advice, treatment or instruction is ordinary to any Insured's profession, including but not limited to: a. accounting services; b. advertising services; c. architectural or engineering services, including but not limited to: i. the preparing, approving, or failure 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; d. computer software or hardware configuration, design, programming, or consultation services; e. website design, consultation or maintenance services; f. legal services; and g. medical, health or therapeutic services, including but not limited to physician, nursing, surgical, imaging, laboratory, dental, optometric, optician, hearing, prosthetic, pharmaceutical or veterinary services. II. If this endorsement is attached to the PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS is amended by the addition of the exclusion set forth in paragraph I. above, except that: A. The bolded word bodily injury is deleted in its entirety and replaced with bodily injury. B. The bolded word Insured is deleted in its entirety and replaced with insured. C. The bolded word property damage is deleted in its entirety and replaced with property damage. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75551XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
145 SEEDMEN S ERRORS & OMISSIONS EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; or C. PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS; is amended by the addition of the following new exclusion: Misdelivery or Germination Failure Seed Producers or Distributors any actual or alleged liability arising out of: a. the erroneous delivery of seed, which includes: i. the failure to deliver seed; ii. the delivery of wrong seed; or iii. the delivery of seed at the wrong time or season; b. an error in mechanical mixture of seed; or c. the failure of seed to germinate. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75552XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
146 RADIOACTIVE MATTER EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; is amended by the addition of the following new exclusion: Radioactive Matter a. any actual or alleged liability arising out of the actual, alleged or threatened exposure at any time to radioactive matter or any form of radiation; or b. any loss, cost or expense arising out of any: i. request, demand, order or statutory or regulatory requirement that any Insured or others test for, monitor, clean up, remove, abate, contain, treat, detoxify or neutralize, or in any way respond to or assess the effects of, radioactive matter or any form of radiation; or ii. claim for damages because of testing for, monitoring, cleaning up, removing, abating, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of, radioactive matter or any form of radiation. II. If this endorsement is attached to the PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS is amended by the addition of the exclusion set forth in paragraph I., except that: A. the term Insured is deleted in its entirety and replaced with the term insured ; and B. the term claim is deleted in its entirety and replaced with the phrase claim or suit. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75553XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
147 PRESSURE TREATED WOOD EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed that if this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; or C. PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS; is amended by the addition of the following new exclusion: Pressure Treated Wood Any actual or alleged liability arising out of exposure to chemicals in, on or from pressure treated wood. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75554XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
148 DESIGNATED PERSON OR ENTITY EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed that if this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; or C. PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS; is amended by the addition of the following new exclusion: Designated Person or Entity Exclusion any actual or alleged liability arising out of the operations or products of any person or entity listed on the Schedule below: SCHEDULE Excluded Person or Entity All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75555XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
149 DIACETYL, FLAVORINGS, FRAGRANCES AND SPECIFIED SUBSTANCES EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; or C. PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS; is amended by the addition of the following new exclusions: Diacetyl and Specified Substances any actual or alleged liability arising out of the actual, alleged or threatened presence at any time of or exposure at any time to diacetyl, buttery food flavorings, butter starter distillate or any specified substance in any form, whether individually or in conjunction with other substances. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such liability. Respiratory Disease from Flavorings or Fragrances any actual or alleged liability that is or results from respiratory disease arising out of the actual, alleged or threatened presence at any time of or exposure at any time to substances added to one or more products to generate or enhance flavor or scent. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such liability. II. As used in this endorsement, specified substance means any of the following: A. Acetaldehyde; B. Acetic acid; C. Acetoin; D. Aliphatic aldehydes; E. Unsaturated aldehydes; F. Diacetyl trimer; G. Sulfite adduct of diacetyl; H. Furfural; No: CNA75557XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
150 I. 2,3-heptanedione; J. 2,3-hexanedione; or K. 2,3-pentanodione. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75557XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
151 EXTERIOR INSULATION AND FINISH SYSTEMS EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; or C. PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS; is amended by the addition of the following new exclusion: Exterior Insulation and Finish Systems Any actual or alleged liability arising out of, caused by, or attributable to, whether in whole or in part, an exterior 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, caulkings or sealants in connection with such system. II. The following new definition is added: Exterior finish system means a synthetic exterior wall cladding system that is intended to be water tight at the outside surface and designed to consist of: A. a backer board that is attached to any building surface or substrate; B. an integrally reinforced base coat on the face of the backer board; C. a protective finish applied to the surface of the base coat; and D. applicable accessories, flashings, coatings, caulking and sealants that interact to form an energy efficient wall. As used herein, backer board includes but is not limited to insulation board, foam board, cement board, cementitious backer board, plywood, oriented strand board, any gypsum based board, metal sheet, concrete block or concrete. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75558XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
152 NANOPARTICLES EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed that: I. If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; C. PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS; is amended by the addition of the following new exclusion: Engineered Nanoparticles a. any liability arising out of the actual, alleged or threatened presence at any time of or exposure at any time to engineered nanoparticles, however caused; b. any loss, cost or expense arising out of any: i. request, demand, order or statutory or regulatory requirement that anyone test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to or assess the effects of engineered nanoparticles; or ii. claim 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 engineered nanoparticles. Solely with respect to this endorsement, the term engineered nanoparticles means particles or materials that are five hundred nanometers or less in size in at least one dimension. Engineered nanoparticles include, but are not limited to: (a) nanotubes, nanowires, nanocrystals, nanoantennas, nanobuds, nanorods, nanoclusters, nanopowders, nanoshells, nanominerals, nanofluids, nano-structured fluids, liposomes, lipoplex systems, microemulsions, micelles, quantum dots, buckyballs, buckminsterfullerenes or fullerenes; and (b) their dendrimeres, polymers, aggregates and agglomerates, in any form, whether solid, fluid, or gaseous. II. If this endorsement is attached to the PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS is amended by the addition of the exclusion set forth in paragraph I. above, except that the bolded word claim is replaced with the phrase claim or suit. No: CNA75559XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
153 All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75559XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
154 GENETICALLY MODIFIED ORGANISM EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; or C. PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS; is amended by the addition of the following new exclusion: GENETICALLY MODIFIED ORGANISM any liability, based upon or arising out of any actual or alleged organism, including micro-organism, that has been altered by manipulating the organism s genetic endowment by introducing or eliminating specific genes. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75560XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
155 COMMUNICABLE DISEASE EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; or C. PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS; is amended by the addition of the following new exclusion: Communicable Disease liability arising out of the actual or alleged transmission of a communicable disease, including any actual or alleged negligence or other wrongdoing in the: a. supervising, hiring, employing, training or monitoring of others that may be infected with and spread a communicable disease; b. testing for a communicable disease; c. failure to prevent the spread of the disease; or d. failure to report the disease to authorities. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75566XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
156 SPECIFIC COMMUNICABLE DISEASE EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed that if this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; or C. PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS; is amended by the addition of the following new exclusion: Specific Communicable Disease liability arising out of the actual or alleged transmission of Chancroid, Chickenpox (Varicella), Chlamydia, Diphtheria, E. Coli 0157:H7, Giardiasis, Gonorrhea, Hepatitis A Virus, Hepatitis B Virus, Hepatitis C Virus, Human Immunodeficiency Virus (HIV) or AIDS, Measles, Meningitis (Bacterial), Meningitis (Viral), Mumps, Pertussis, Polio, Rubella, Salmonellosis, Shigellosis, Syphilis, Tuberculosis, Bovine Spongiform Encephalopathy (BSE), Transmissible Spongiform Encephalopathies (TSEs), Avian Influenza, Swine Influenza, Canine Influenza, Equine Influenza, Influenza and Other Disease Name, including any actual or alleged negligence or other wrongdoing in the: a. supervising, hiring, employing, training or monitoring of others that may be infected with and spread a communicable disease; b. testing for a communicable disease; c. failure to prevent the spread of the disease; or d. failure to report the disease to authorities. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75567XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
157 DESIGNATED WORK EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; is amended by the addition of the following new exclusion: SCHEDULE Description of Your Work any actual or alleged bodily injury or property damage included in the products-completed operations hazard and arising out of your work shown in the Schedule. II. If this endorsement is attached to the PARAMOUNT EXCESS LIABILITY POLICY, then: A. the section entitled EXCLUSIONS is amended by the addition of the following new exclusion: SCHEDULE Description of Your Work any actual or alleged liability arising out of your work shown in the Schedule. B. solely with respect to this endorsement, the section entitled DEFINTIONS is amended by the addition of the following new definition: Your work: A. means: 1. work or operations performed by the Named Insured or on its behalf; and 2. materials, parts or equipment furnished in connection with such work or operations. B. includes: No: CNA75568XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
158 1. warranties or representations made with respect to the fitness, quality, durability, performance or use of your work, and 2. the providing of or failure to provide warnings or instructions. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75568XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
159 BATCH This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that the following is added to the policy: All claims for bodily injury or property damage that arise from the same hazard, defect or source of contamination relating to one batch of your products shall be considered as arising out of the same incident. All bodily injury and property damage arising out of such an incident shall be deemed to have occurred at the time the first such bodily injury or property damage occurred. Batch, unless defined otherwise in the Schedule below, means all of the Named Insured s like products that are produced in a single production run, and can be distinguished from other of the Named Insured s products by the specific location, date or time of production of all such like products, or by a common lot number, common batch number or other common production identifier assigned to such like product. Batch means: Batch Description All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75570XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
160 PRODUCTS-COMPLETED OPERATIONS LIABILITY LIMITATION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Products-Completed Operations Hazard Any actual or alleged liability included within the products-completed operations hazard. II. If this endorsement is attached to the PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Products-Completed Operations Hazard Any actual or alleged bodily injury or property damage included within the products-completed operations hazard. However, this exclusion does not apply to the extent such liability is covered by underlying insurance. III. Under DEFINITIONS, the definition of your product is amended to delete paragraph C. in its entirety and replace it with the following: C. includes goods or products the Named Insured leases or rents to others, other than vending machines or similar property located for the use of others by the Named Insured. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75571XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
161 TORCH WORK LIMITATION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Torch Work Any actual or alleged bodily injury, property damage or personal and advertising injury arising out of torch work performed by or on behalf of any Insured or any other person. II. If this endorsement is attached to the PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Torch Work Any actual or alleged bodily injury, property damage or personal and advertising injury arising out of torch work performed by or on behalf of any Insured or any other person. However, this exclusion does not apply to the extent such liability is covered by underlying insurance. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75574XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
162 CONTRACTORS LIMITATION EXCESS AND UMBRELLA LIABILITY This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed as follows: I. Under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Architects and Engineers Professional Services any liability of the Insured, or any other person or entity acting on the Insured s behalf, arising out of any actual or alleged rendering of, or failure to render, professional services by an architect, engineer, surveyor, landscape architect, or soil or subsoil analyst. As used in this endorsement, professional services includes, but is not limited to: a. feasibility studies, cost estimates, or soil tests; b. preparing, approving, or failing to prepare or approve, maps, plans, opinions, reports, surveys, change orders, field orders, designs, drawings, shop drawings or specifications; c. supervisory, inspection, architectural or engineering activities; or d. project or construction management services. II. Under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusions: Explosion / Collapse / Underground (xcu) any actual or alleged property damage arising out of the explosion hazard, the collapse hazard, or the underground property damage hazard. Exterior Insulation And Finish Systems (EIFS) any actual or alleged liability arising out of, caused by, or attributable to, whether in whole or in part, an exterior 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 system. Subsidence any actual or alleged liability arising out of the subsidence of land. This exclusion applies whether such liability arises solely from subsidence or from subsidence in combination with other causes, whether natural or manmade. Torch Applied Roofing any actual or alleged liability arising out of torch work performed by or on behalf of any Insured or any other person. Wrap-Ups any actual or alleged liability arising out of any operation, performed by or on behalf of any Insured, which is or was insured under a consolidated (wrap-up) insurance program. No: CNA75575XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
163 Your Work on Residential Structures any actual or alleged liability arising out of your work on any residential structure. III. Under DEFINITIONS, the following definitions are added: Collapse hazard includes structural property damage and any resulting property damage to any other property at any time. Consolidated (wrap-up) insurance program means a construction, erection, or demolition project for which the prime contractor/project manager or owner of the project has secured liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). Explosion hazard includes property 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. Exterior finish system means an exterior wall cladding system consisting of an insulation material attached to a substrate, a base coat on the surface of the insulation material, and a protective finish applied to the base coat, and any accessories thereto, including but not limited to conditioners, primers, accessories, flashings, coatings, caulking or sealants. Residential structure means a structure where 30% or more of the square footage area is used or intended to be used for human habitation. Structural property damage means the collapse of or structural injury to any building or structure due to: A. grading of land, excavating, borrowing, filling, back-filling, tunneling, pile driving, cofferdam work or caisson work; or B. moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support of that building or structure. Subsidence means earth movement, including but not limited to: A. landslide; B. mudflow; C. earth sinking; D. earth rising; E. collapse or movement of fill; F. earth settling, slipping, falling away, caving in, eroding or tilting; G. earthquake; or H. any other movement of land or earth. Torch work means roofing operations utilizing open flame, and fire follows as a consequence or result. Underground property damage means property damage to wires, conduits, pipes, mains, sewers, tanks, tunnels, any similar property, and any apparatus used with them beneath the surface of the ground or water, caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, excavating, drilling, borrowing, filling, back-filling or pile driving. Underground property damage hazard includes underground property damage and any resulting property damage to any other property at any time. No: CNA75575XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
164 All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75575XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
165 PERSONAL AND ADVERTISING INJURY LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Personal and Advertising Injury Any actual or alleged personal and advertising injury. II. If this endorsement is attached to the PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions, the exclusion entitled Personal and Advertising Injury is deleted in its entirety. III. If this endorsement is attached to the PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions, the exclusion entitled Personal and Advertising Injury is deleted in its entirety and replaced with the following: Personal and Advertising Injury Any actual or alleged personal and advertising injury. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75577XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
166 PRODUCTS-COMPLETED OPERATIONS AND LEASED PRODUCTS EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows: I. Under DEFINITIONS, the definition of your product is amended to delete paragraph C. in its entirety and replace it with the following: C. includes goods or products the Named Insured leases or rents to others, other than vending machines or similar property located for the use of others by the Named Insured. II. If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; is amended by the addition of the following new exclusion: Products-Completed Operations and Leased Products a. Any actual or alleged bodily injury or property damage included within the products-completed operations hazard; b. Any actual or alleged bodily injury or property damage arising out of your products which are rented or leased to others; c. Any actual or alleged bodily injury or property damage included in the products-completed operations hazard for which the Insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement; or d. Any actual or alleged personal and advertising injury arising out of your product or your work that has been completed or abandoned. Your work will be deemed completed at the earliest of the following times: i. When all of the work called for in the Named Insured s contract has been completed; ii. When all of the work to be done at the job site has been completed if the Named Insured s contract calls for work at more than one job site; or iii. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. No: CNA75578XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
167 All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75578XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
168 BROAD KNOWLEDGE OF OCCURRENCE This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that if this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA POLICY, then the section entitled Notice of Claims/Crisis Management Event/Covered Accident is amended by the addition of the following: B. PARAMOUNT UMBRELLA LIABILITY POLICY, then the section entitled Notice of Claims/Crisis Management Event/Covered Accident: is amended by the addition of the following: The Insured s duties pursuant to this section shall only apply once the claim is known by: 1. the Named Insured; 2. a partner of the Named Insured if the Named Insured is a partnership; 3. an executive officer or the employee designated by the Named Insured to give such notice, if the Named Insured is a corporation; 4. a manager if the Named Insured is a limited liability company. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75581XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
169 AUTOMOBILE LIABILITY DEALERS EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that if this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; is amended by the addition of the following new exclusion: Automobile Liability Dealers Exclusion any actual or alleged liability: a. arising out of the ownership, maintenance, operation, use, loading or unloading of any auto while being used in any prearranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation of any such contest or activity; b. arising out of a violation of the Federal Odometer Act. As used herein, Federal Odometer Act means sections 1981 through 1991 in title 15 of the United States Code Annotated, including any amendment of or addition to such law; or c. arising out of the ownership, maintenance, operation, use, loading or unloading of any auto leased to or rented to others by the Named Insured. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75582XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
170 CONSTRUCTION MANAGEMENT ERRORS AND OMISSIONS EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that if this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; is amended by the addition of the following new exclusion: Construction Management any actual or alleged liability arising out of: a. the preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications by any architect, engineer or surveyor performing services on a project on which the Named Insured serves as construction manager; or b. inspection, supervision, quality control, architectural or engineering activities done by or for the Named Insured on a project on which the Named Insured serves as a construction manager. However, this exclusion does not apply to bodily injury or property damage due to construction or demolition work done by the Named Insured, its employees, or any subcontractor hired by the Named Insured. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75583XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
171 DRUGGISTS PRODUCTS AND PROFESSIONAL SERVICES EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows: If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions: is amended by the addition of the following new exclusions: Druggists Professional Services Liability any actual or alleged liability arising out of the rendering or failure to render professional health care services. Druggists Products Liability any actual or alleged liability included within the products-completed operations hazard. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75584XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
172 HEALTH OR EXERCISE CLUB PROFESSIONAL LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows: If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions: is amended by the addition of the following new exclusion: Health or Exercise Club Services any actual or alleged liability arising out of the rendering of or failure to render any service, treatment, advice or instruction relating to physical fitness, including but not limited to diet, cardiovascular fitness, body building or physical training programs. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75585XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
173 PRODUCTS AND PROFESSIONAL SERVICES EXCLUSION OPTICAL AND HEARING AID ESTABLISHMENTS This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows: If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; is amended by the addition of the following new exclusions: Professional Health Care Services any actual or alleged liability arising out of the rendering of or failure to render professional health care services, including but not limited to: a. the production or reproduction of ophthalmic lenses and related products, including the mounting of such lenses into the frames; b. the prescribing or fitting of ophthalmic lenses to the eyes; c. the preparing, selling, handling, demonstrating or distributing of optical goods or products in connection with the Name Insured s business; or d. the selling, handling, prescribing, preparing, fitting, demonstrating or distributing of hearing aid devices. Products-Completed Operations any actual or alleged liability included within the products-completed operations hazard. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75586XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
174 MISDELIVERY OF LIQUID PRODUCTS EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that if this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; is amended by the addition of the following new exclusion: Misdelivery of Liquid Products Any actual or alleged liability arising out of: a. the delivery of any liquid product into a wrong receptacle or to a wrong address; or b. the erroneous delivery of one liquid product for another by an auto; if such liability occurs after such operations have been completed or abandoned at the site of such delivery. Operations which may require further service, maintenance, correction, repair or replacement because of performance at the wrong address or because of any error, defect or deficiency, but which are otherwise completed, will be deemed completed. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75587XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
175 PRINTERS AND PUBLISHERS ERRORS AND OMISSIONS EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that if this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; is amended by the addition of the following new exclusion: Printers Errors and Omissions any liability or expenses arising out of an actual or alleged negligent act, error or omission in the rendering of or failure to render printing, publishing, or graphic arts services. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75588XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
176 AIRCRAFT EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions, the exclusion entitled Aircraft or Watercraft subparagraph a. is deleted in its entirety and replaced with the following: a. aircraft. II. If this endorsement is attached to the PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS: A. The section entitled Coverage A Excess Follow Liability and Coverage B. Umbrella Liability Exclusions is amended to add the following new exclusion: Aircraft any actual or alleged bodily injury, property damage, personal and advertising injury arising out of the ownership, maintenance, operation, use, loading or unloading or entrustment to others of any aircraft. B. The section entitled Coverage B Umbrella Liability Exclusions the exclusion entitled Aircraft, Auto, Watercraft or Mobile Equipment subparagraph a. is deleted in its entirety and replaced with the following: a. aircraft. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75589XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
177 WATERCRAFT EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS: A. The section entitled Coverage A Excess Follow Liability Exclusions is amended to add the following new exclusion: Watercraft any actual or alleged bodily injury, property damage, personal and advertising injury arising out of the ownership, maintenance, operation, use, loading or unloading or entrustment to others of any watercraft. This exclusion applies even if such claim against an Insured alleges negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured. B. The section entitled Coverage B Umbrella Liability Exclusions the exclusion entitled Aircraft, Auto, Watercraft or Mobile Equipment is amended to delete the last paragraph which begins with, This exclusion does not apply to:. II. If this endorsement is attached to the PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions, the exclusion entitled Aircraft or Watercraft is amended to delete the last paragraph which begins with, This exclusion does not apply to:. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75590XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
178 CONSTRUCTION OPERATIONS OR REAL ESTATE DEVELOPMENT EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that if this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; is amended by the addition of the following new exclusion: Construction Operations or Real Estate Development any actual or alleged liability arising out of construction operations or real estate development. As used in this endorsement, construction operations or real estate development means any activity related to, regarding, in support of or arising out of the: a. construction, demolition, excavation or remediation of any building, property or structure, or any portion thereof; or b. development of real property, including but not limited to planning, site preparation and surveying. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75591XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
179 RESIDENTIAL CONVERSION EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that if this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; is amended by the addition of the following new exclusion: Residential Conversion any actual or alleged liability arising out of any location that has been or becomes converted, or is in the process of being converted, into individually-owned real estate, including but not limited to condominiums, townhouses or timeshares, regardless of whether: a. any Insured is or was involved in such conversion; b. any Insured has or had knowledge of such conversion; or c. such conversion occurs before or after any work performed by or on behalf of any Insured or any other persons or entities at such location. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75592XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
180 CONSTRUCTION OPERATIONS OR REAL ESTATE DEVELOPMENT LIMITATION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that if this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; is amended by the addition of the following new exclusion: Construction Operations or Real Estate Development any actual or alleged liability arising out of construction operations or real estate development. However, this exclusion does not apply to liability arising out of any non-structural renovations or modifications to the interior portion of any building, property or structure. As used in this endorsement, construction operations or real estate development means any activity related to, regarding, in support of or arising out of the: a. construction, demolition, excavation or remediation of any building, property or structure, or any portion thereof; or b. development of real property, including but not limited to planning, site preparation and surveying. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75593XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
181 DESIGNATED ONGOING OPERATIONS EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY SCHEDULE Description of Designated Ongoing Operations: Specified Locations (If Applicable): It is understood and agreed that if this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; is amended by the addition of the following new exclusion: Designated Ongoing Operations Any actual or alleged liability arising out of the ongoing operations described in the Schedule of this endorsement, regardless of whether such operations are conducted by or on behalf of or for the Named Insured or whether the operations are conducted for the Named Insured or for others. Unless a location is specified in the Schedule or the Declarations, this exclusion applies regardless of where such operations are conducted by, on behalf of, or for the Named Insured. If a specific location is designated in the Schedule of this endorsement, this exclusion applies only to the described ongoing operations conducted at that location. For the purpose of this endorsement, 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. However, this exclusion does not apply to the extent such liability arises out of: 1. the ownership, maintenance, operation, use, loading or unloading or entrustment to others of any autos; or 2. any actual or alleged bodily injury or personal and advertising injury to: a. an employee arising out of and in the course of employment by the Insured or performing duties related to the conduct of the Insured s business; or b. the spouse, child, parent, brother or sister of that employee as a consequence of a. above. if such liability is otherwise covered under this policy. No: CNA75594XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
182 All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75594XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
183 DIRECTORS AND OFFICERS LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed that if this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; C. PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS; is amended to add the following new exclusion: Directors and Officers Any liability arising out of any actual or alleged error, misstatement, misleading statement, act, omission, neglect or breach of duty committed or attempted in an Insured s capacity as a director or officer of any organization. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75595XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
184 PRODUCTS / COMPLETED OPERATIONS HAZARD REDEFINED This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY SCHEDULE Description of Premises or Operations: UMB_PremisesOrOperations It is understood and agreed that solely with respect to bodily injury or property damage arising out of your products manufactured, sold, handled or distributed: A. on, from or in connection with the use of any premises described in the Schedule, or B. in connection with the conduct of any operation described in the Schedule, when conducted by the Named Insured or on the Named Insured s behalf, the definition of products-completed operations hazard in the section entitled DEFINITIONS is deleted in its entirety and replaced by the following: Products-completed operations hazard means all bodily injury or property damage that arises out of your products if the bodily injury or property damage occurs after the Named Insured has relinquished possession of those products. However, products-completed operations hazard does not include bodily injury or property damage arising out of: A. the transportation of property, unless bodily injury or property damage arises out of a condition in or on a vehicle not owned or operated by the Named Insured, and that condition was created by the loading or unloading of that vehicle by any Insured; B. the existence of tools, uninstalled equipment or abandoned or unused materials; or C. products or operations for which the underlying insurer states that products-completed operations are subject to the General Aggregate Limit. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75596XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
185 NAMED INSURED This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that if this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under the section entitled WHO IS AN INSURED; or, B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under the section entitled WHO IS AN INSURED; The following persons or organizations are Named Insured: SCHEDULE Named Insured All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75597XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
186 FRANCHISE OPERATORS EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that if this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; is amended by the addition of the following new exclusion: Franchise Operation Limitation any actual or alleged liability arising out of: a. operations by or on behalf of any of the Named Insured s franchises; or b. facilities owned, operated by, or used by any franchisees of the Named Insured. This exclusion does not apply to: i. a franchisee over which the Named Insured has assumed complete control and has made salaried employees of the franchise-owner and the former employees of the franchisee. This exception applies only to bodily injury or property damage that occurs during the period of time the Named Insured exercises such complete control, and to personal and advertising injury arising out of an offense committed during the period of time the Named Insured exercises such complete control; or ii. the Named Insured s liability for bodily injury, property damage or personal and advertising injury but only to the extent such bodily injury, property damage or personal and advertising injury is both: (a) caused by the Named Insured s acts or omissions; and (b) covered by Underlying Insurance. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75598XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
187 DEFINITION OF KEY EMPLOYEE This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows: The section entitled DEFINITIONS, the definition of key employee is amended with the addition of the following: KEY EMPLOYEE SCHEDULE Officer or Employment Position Officer Position or Job Title Corresponding Name of Individual (if available) Individual Name KEY EMPLOYEE SCHEDULE Name of Individual Individual Name Corresponding Officer or Employment Position (if available) Officer Position or Job Title Key employee also means any of the officer or employment positions listed on the KEY EMPLOYEE SCHEDULE above, or any person listed by name on the KEY EMPLOYEE SCHEDULE above. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76431XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
188 TELECOMMUNICATION EQUIPMENT OR SERVICE PROVIDERS EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY I. It is understood and agreed that if this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; or C. PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS; is amended by the addition of the following new exclusion: TELECOMMUNICATION EQUIPMENT OR SERVICE PROVIDERS Any liability arising out of: a. an error, omission, defect or deficiency in any evaluation, consultation or advice given by or on behalf of any Insured concerning telecommunication equipment or services; b. any advice, consultation, evaluation, inspection, supervision, quality control or phone network setup, including central office cabling, done by a Named Insured or for a Named Insured on a project on which an Named Insured serves as a telecommunication equipment or service provider; or c. the failure of any Insured to adequately provide telecommunication services. II. If this endorsement is attached to the PARAMOUNT EXCESS LIABILITY POLICY, then the bolded word Insured is deleted in its entirety and replaced with the word insured. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76432XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
189 SECURITY SERVICES EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed that if this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; or C. PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS; is amended by the addition of the following new exclusion: SECURITY SERVICES any liability arising out of any actual or alleged rendering or failure to render security services. Solely with respect to this endorsement, security services means services for the purpose of protecting persons or property from harm or theft. Security services include the following: a. the provision, maintenance or operation of adequate or functional security equipment or devices, including alarm systems; b. operations using canines or other animals for security purposes; c. the design or implementation of: i. security programs; ii. security plans; iii. security surveys; iv. security procedures; or v. security training; d. the investigation of applicants for employment with a customer of the Named Insured; e. the investigation, interrogation, detention or arrest of persons suspected of a crime, including the testing of such persons by polygraph; or f. employing, supervising or controlling security personal. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76433XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
190 NON-ACCUMULATION OF LIMITS This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows: If this endorsement is attached to the: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY; or PARAMOUNT UMBRELLA LIABILITY POLICY, then under CONDITIONS, the section entitled Other Insurance is amended with the addition of the following: Notwithstanding any terms or conditions to the contrary, if any claim for damages covered under the Umbrella Liability coverage, the Crisis Management Expenses coverage, or the Key Employee Expenses coverage under this Policy is also covered by one or more policies issued by the Insurer or by any of the Insurer s affiliated or subsidiary casualty insurance companies, to the Named Insured shown on the Declarations or to any entity or person who controls, is controlled by, or is affiliated by common control with the Named Insured (which policies, together with this policy are hereafter referred to as the policies ), then the following shall apply: With respect to any such claim for damages covered under the Umbrella Liability coverage, or with respect to any such covered Crisis Management Expenses or Key Employee Expenses, the applicable Limit of Insurance available under this policy for damages, crisis management expenses or key employee expenses will be determined by calculating the percentage that the total applicable Limit of Insurance under this Policy bears to the total combined applicable Limits of Insurance available under all of the policies and multiplying the highest applicable Limit of Insurance offered on any one of the policies by such percentage, with the result being the total applicable limit available under this policy. The Insurer s limits of liability under each of the policies (including this policy) is extinguished upon payment by the Insurer of an amount equal to the highest applicable Limit of Insurance under any of one of the policies. Nothing contained in this endorsement shall be construed to increase the Limits of Insurance of this policy. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76434XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
191 AUTOMOBILE LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the PARAMOUNT UMBRELLA LIABILITY POLICY, then, solely with respect to autos, under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions, the exclusion entitled Auto or Mobile Equipment is amended by the deletion of the last sentence in its entirety. II. If this endorsement is attached to the PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability Exclusions is amended by the addition of the following new exclusion: Auto any actual or alleged liability arising out of the ownership, maintenance, operation, use, loading or unloading or entrustment to others of any auto. This exclusion applies even if such claim against an Insured alleges negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured. III. If this endorsement is attached to the PARAMOUNT EXCESS LIABILITY POLICY, then: A. the section entitled EXCLUSIONS is amended by the addition of the exclusion set forth in paragraph II. above, except that: 1. The bolded word claim is deleted in its entirety and replaced with the phrase claim or suit. 2. The bolded word Insured is deleted in its entirety and is replaced with the term insured B. solely with respect to this endorsement, the section entitled DEFINITIONS is amended by the addition of the following new definitions: Auto means: A. a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or B. any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, auto does not include mobile equipment. Loading or unloading means the handling of property: A. after it is moved from the place where it is accepted for movement into or onto an auto; B. while it is in or on an auto; or C. while it is being moved from an auto to the place where it is finally delivered. However, loading or unloading does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to auto. No: CNA76436XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
192 Mobile equipment means any of the following types of land vehicles, including any attached machinery or equipment: A. bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; B. vehicles maintained for use solely on or next to premises the Named Insured owns or rents; C. vehicles that travel on crawler treads; D. vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: 1. power cranes, shovels, loaders, diggers or drills; or 2. road construction or resurfacing equipment such as graders, scrapers or rollers; E. vehicles not described in paragraphs A., B., C. or D. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: 1. air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or 2. cherry pickers and similar devices used to raise or lower workers; and F. vehicles not described in paragraphs A., B., C. or D. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos: 1. equipment designed primarily for: a. snow removal; b. road maintenance, but not construction or resurfacing; or c. street cleaning; 2. cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and 3. air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76436XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
193 LIQUOR LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability Exclusions is amended by the addition of the following new exclusion: Liquor Liability any actual or alleged injury or damage for which any Insured may be held liable by reason of: a. causing or contributing to the intoxication of any person, including causing or contributing to the intoxication of any person because alcoholic beverages were permitted to be brought on the Insured s premises, for consumption on the Insured s premises; b. the furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or c. any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in: i. the supervision, hiring, employment, training or monitoring of others by that Insured; or ii. providing or failing to provide transportation with respect to any person that may be under the influence of alcohol, if the occurrence which caused the injury or damage involved that which is described in paragraph a., b. or c. above. II. If this endorsement is attached to the PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions, the exclusion entitled Liquor Liability is deleted in its entirety and replaced with the exclusion set forth in paragraph I. above. III. If this endorsement is attached to the PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS is amended by the addition of the exclusion set forth in paragraph I. above, except that: A. the term Insured is deleted in its entirety and replaced with the term insured ; B. the term claims is deleted in its entirety and replaced with the phrase claims or suits ; and C. the term occurrence is deleted in its entirety and replaced with the term incident. No: CNA76437XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
194 All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76437XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
195 NEW OR ACQUIRED ENTITIES EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that the section entitled WHO IS AN INSURED is amended to delete paragraph A.2.c. in its entirety. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76439XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
196 AIRCRAFT LIMITATION This endorsement modifies insurance provided under the following: PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that: Under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions, the exclusion entitled Aircraft or Watercraft subparagraph a. is deleted in its entirety and replaced with the following: a. aircraft. However, this exclusion does not apply to any liability to the extent that such liability is covered by underlying insurance. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76440XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
197 CONTRACTUAL LIABILITY LIMITATION This endorsement modifies insurance provided under the following: PARAMOUNT UMBRELLA LIABILITY POLICY as follows: It is understood and agreed that under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions, the Contractual Liability exclusion is deleted in its entirety and replaced by the following: Contractual Liability any actual or alleged bodily injury, property damage or personal and advertising injury for which an Insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to: a. the extent such liability is covered by underlying insurance; or b. liability that the Insured would have in the absence of such contract or agreement. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76441XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
198 BODILY INJURY LIMITATION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows: If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions, is amended by the addition of the following new exclusion: Bodily Injury actual or alleged bodily injury. B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Bodily Injury actual or alleged bodily injury. However, this exclusion does not apply to the extent such bodily injury is covered by Underlying Insurance. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76442XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
199 LIMITATION NEW YORK OPERATIONS This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: New York Operations any actual or alleged bodily injury, property damage or personal and advertising injury arising out of any current or completed operation performed by the Named Insured, or on the Named Insured s behalf, in the state of New York. II. If this endorsement is attached to the PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions is amended by the addition of the following new exclusion: New York Operations any actual or alleged bodily injury, property damage or personal and advertising injury arising out of any current or completed operation performed by the Named Insured, or on the Named Insured s behalf, in the state of New York. However, this exclusion does not apply to the extent such liability is covered by Underlying Insurance. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76444XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
200 LIMITATION ILLINOIS OPERATIONS This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Illinois Operations any actual or alleged bodily injury, property damage or personal and advertising injury arising out of any current or completed operation performed by the Named Insured, or on the Named Insured s behalf, in the state of Illinois. II. If this endorsement is attached to the PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Illinois Operations any actual or alleged bodily injury, property damage or personal and advertising injury arising out of any current or completed operation performed by the Named Insured, or on the Named Insured s behalf, in the state of Illinois. However, this exclusion does not apply to the extent such liability is covered by Underlying Insurance. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76445XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
201 CONTRACTUAL LIABILITY LIMITATION DEFINITION OF INSURED CONTRACT This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows: The section entitled DEFINITIONS is amended to delete paragraph F. from the definition of Insured contract. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76446XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
202 TOTAL POLLUTION EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; the exclusion entitled Pollution is deleted in its entirety and replaced with the following: Pollution a. Any actual or alleged damage or injury which would not have occurred, in whole or in part, but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time; or b. Any loss, cost or expense arising out of any: i. request, demand, order, or statutory or regulatory requirement that anyone test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to or assess the effects of pollutants; or ii. claim 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. II. If this endorsement is attached to the PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS is amended by the addition of the exclusion set forth in paragraph I. above, except that: A. the term claim is deleted in its entirety and replaced with the phrase claim or suit ; and B. the exclusion is amended by the addition of the following: As used herein, pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acid, alkalis, chemicals and waste. Waste includes medical waste and materials to be recycled, reconditioned or reclaimed. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76447XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
203 TOTAL POLLUTION EXCLUSION WITH HOSTILE FIRE EXCEPTION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; the exclusion entitled Pollution is deleted in its entirety and replaced with the following: Pollution a. Any actual or alleged injury or damage arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time; or b. Any actual or alleged loss, cost or expense arising out of any: i. request, demand, order, or statutory or regulatory requirement that anyone test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to or assess the effects of pollutants; or ii. claim 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. This exclusion does not apply to injury or damage arising out of heat, smoke or fumes from a hostile fire. II. If this endorsement is attached to the PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS is amended by the addition of the exclusion set forth in paragraph I., except that: A. the term claim is deleted in its entirety and replaced with the phrase claim or suit ; and B. the following is added to the end of the exclusion: As used herein: 1. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. No: CNA76448XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
204 2. Pollutant means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes medical waste and materials to be recycled, reconditioned or reclaimed. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76448XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
205 OWNED AUTOMOBILE LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then, solely with respect to autos owned by the Named Insured, under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability Exclusions is amended by the addition of the following new exclusion: Auto any actual or alleged liability arising out of the ownership, maintenance, operation, use, loading or unloading or entrustment to others of any auto. This exclusion applies even if such claim against an Insured alleges negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured. II. If this endorsement is attached to the PARAMOUNT UMBRELLA LIABILITY POLICY, then, solely with respect to autos owned by the Named Insured, under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions, the exclusion entitled Auto or Mobile Equipment is amended by the deletion of the last sentence in its entirety. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76449XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
206 PERSONAL AND ADVERTISING INJURY LIMITATION This endorsement modifies insurance provided under the following: PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows: I. If personal and advertising injury is not covered by underlying insurance, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions, the exclusion entitled Personal and Advertising Injury is deleted in its entirety and replaced with the following: Personal and Advertising Injury Any actual or alleged personal and advertising injury. II. If personal and advertising injury is covered by underlying insurance, then this policy shall cover personal and advertising injury to the extent that it is covered by underlying insurance; provided, however, under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions, the exclusion entitled Personal and Advertising Injury shall remain in full force and effect. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76450XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
207 PRODUCTS-COMPLETED OPERATIONS LIABILITY LIMITATION This endorsement modifies insurance provided under the following: PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Products Completed Operations Hazard Any actual or alleged liability included within the products-completed operations hazard. However, this exclusion does not apply to the extent such liability is covered by underlying insurance. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76451XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
208 LIMITATION OF COVERAGE TO DESIGNATED PREMISES OR PROJECTS This endorsement modifies insurance provided under the following: PARAMOUNT UMBRELLA LIABILITY POLICY SCHEDULE Premises: Project: It is understood and agreed that under COVERAGES, the section entitled Coverage A- Umbrella Liability is amended by the addition of the following: This insurance applies only to bodily injury, property damage, and personal and advertising injury arising out of: 1. The ownership, maintenance or use of the premises shown in the Schedule and operations necessary or incidental to those premises; or 2. The project shown in the Schedule. However, this limitation does not apply to liability for bodily injury, property damage, and personal and advertising injury to the extent such liability is covered by underlying insurance. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76452XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
209 SILICA LIMITATION This endorsement modifies insurance provided under the following: PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions, the exclusion entitled Silica is amended by the addition of the following: However, this exclusion does not apply to the extent such liability is covered by underlying insurance. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76455XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
210 TECHNOLOGY SERVICES EXCLUSION WITH PROFESSIONAL LIABILITY LIMITATION This endorsement modifies insurance provided under the following: PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Technology Services any liability arising out of any actual or alleged act, error, omission, defect or deficiency in the rendering or failure to render: a. web-site design or consulting services; b. data processing services; c. computer programming or consulting services; d. creation, development, modification, repair, selling, distributing, licensing, franchising or furnishing any computer software, programs, designs, specifications, manuals or instructions; e. any evaluation, consultation or advice given concerning telecommunications equipment or services, internet services or internet access; f. any advice, consultation, evaluation, inspection, supervision, quality control or phone network setup, including central office cabling; or g. the failure to adequately provide internet services, internet access or telecommunications services. However, this exclusion does not apply to bodily injury, property damage, or personal and advertising injury to which any underlying insurance applies or would apply but for the exhaustion of its limits of liability. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76456XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
211 REAL ESTATE PROPERTY MANAGED LIMITATION This endorsement modifies insurance provided under the following: PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Damage to Property Real Estate Operations or Management any actual or alleged property damage to property the Named Insured operates or manages or as to which the Named Insured acts as agent for the collection of rents or in any other supervisory capacity. However, this exclusion does not apply to the extent such liability is covered by underlying insurance. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76457XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
212 FOREIGN LIABILITY LIMITATION This endorsement modifies insurance provided under the following: PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows: The section entitled DEFINITIONS, the definition of coverage territory is deleted in its entirety and replaced as follows: Coverage territory means anywhere in the world except this policy does not apply to any incident that occurs outside the United States of America unless and only to the extent that coverage for such incident is provided by underlying insurance. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76458XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
213 PERSONAL LIABILITY LIMITATION This endorsement modifies insurance provided under the following: PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows: I. Solely with respect to personal liability coverage, under COVERAGES, Coverage A Umbrella Liability, paragraph c. is amended to delete the phrase arising out of the Named Insured s business. II. Under WHO IS AN INSURED, paragraph A.1.a. is deleted in its entirety and replaced with the following: a. an individual, the Named Insured and the Named Insured s spouse are Insureds. However, except with respect to the ownership, maintenance, use or loading or unloading of any auto, or to personal liability coverage, such Named Insured and such Named Insured s spouse are only Insureds with respect to the conduct of a business of which the Named Insured is the sole owner. III. The following new definition is added: Personal liability coverage means: A. personal umbrella liability coverage; B. personal excess liability coverage; or C. the liability coverage included in a homeowners policy; but only if such coverage is underlying insurance. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76459XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
214 SWIMMING POOL LIABILITY LIMITATION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Swimming Pool Liability any actual or alleged bodily injury, property damage or personal and advertising injury arising out of any portion of any premises or property that is occupied by a swimming pool, spa or hot tub, its deck and any equipment including, but not limited to, diving boards and waterslides, and any surrounding paved area. II. If this endorsement is attached to the PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Swimming Pool Liability any actual or alleged bodily injury, property damage or personal and advertising injury arising out of any portion of any premises or property that is occupied by a swimming pool, spa or hot tub, its deck and any equipment including, but not limited to, diving boards and waterslides, and any surrounding paved area. This exclusion does not apply to the extent such liability is covered by underlying insurance. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76460XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
215 FORECLOSED PROPERTY LIMITATION This endorsement modifies insurance provided under the following: PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage A - Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Foreclosed Property any actual or alleged bodily injury, property damage or personal and advertising injury, including bodily injury or property damage included in the products-completed operations hazard, arising out of any premises, property, entities, or assets which any Insured has acquired or taken possession of: a. through foreclosure proceedings; b. as mortgagor in possession; c. through deed in lieu of foreclosure; or d. through repossession. However, this exclusion does not apply to the extent such liability is covered by underlying insurance. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76461XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
216 NONCONCURRENCY This endorsement modifies insurance provided under: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY SCHEDULE Underlying Insurance Information required to complete this Schedule, if not shown above, will be shown in the Declarations. I. If this endorsement is attached to the PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then solely with respect to the underlying insurance listed in the Schedule above: A. the section entitled LIMITS OF INSURANCE, the paragraph entitled Exhaustion or Reduction of Applicable Underlying Limit is amended by the deletion of subparagraphs 1. and 2. in their entirety which are replaced with the following: 1. reduced solely by the payment of covered loss including related costs and expenses (if such related costs and expense reduce such limits) Coverage A will apply in excess of the remaining amount of such applicable underlying limit; or 2. exhausted, solely by the payment of covered loss including related costs and expenses (if such related costs and expense reduce such limits) then Coverage A will apply, subject to this Policy s limit of insurance provision and to the remaining terms and provisions and conditions of this Policy in place of such exhausted applicable underlying limit. B. the section entitled CONDITIONS, the condition entitled Maintenance of Underlying Insurance is amended by the deletion of the first sentence in its entirety which is replaced with the following: Solely with respect to Coverage A - Excess Follow Liability, while this Policy is in force the First Named Insured agrees that the underlying insurance and renewals and replacements thereof shall be maintained, without alterations of terms or conditions, in full effect during the term of this Policy; except for reduction or exhaustion of the limits of insurance in the underlying insurance. II. If this endorsement is attached to the PARAMOUNT UMBRELLA LIABILITY POLICY, then solely with respect to the underlying insurance listed in the Schedule above: A. the section entitled LIMITS OF INSURANCE, the paragraph entitled Exhaustion or Reduction of Applicable Underlying Limit is amended by the deletion of the first sentence in its entirety which is replaced with the following: In the event of reduction or exhaustion of the total applicable limits of underlying insurance solely by payment of covered loss (including related costs and expenses (if such related costs and expense reduce such limits), this policy shall: B. the section entitled CONDITIONS, the condition entitled Maintenance of Underlying Insurance is amended by the deletion of the first sentence in its entirety which is replaced with the following: While this Policy is in force the First Named Insured agrees that the underlying insurance and renewals and replacements thereof shall be maintained, without alterations of terms or conditions, in full effect No: CNA76462XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
217 during the term of this Policy; except for reduction or exhaustion of the limits of insurance in the underlying insurance. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76462XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
218 POLLUTION LIMITATION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that if this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; the exclusion entitled Pollution is deleted in its entirety and replaced with the following: Pollution a. Any actual or alleged injury or damage which would not have occurred, in whole or in part, but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time; or b. Any loss, cost or expense arising out of any: i. request, demand, order, or statutory or regulatory requirement that anyone test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to or assess the effects of pollutants; or ii. claim 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. This exclusion does not apply to the extent such liability is covered by underlying insurance. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76463XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
219 COMMUNICABLE DISEASE LIMITATION This endorsement modifies insurance provided under the following: PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Communicable Diseases any actual or alleged bodily injury, property damage or personal and advertising injury arising out of the actual or alleged transmission of a communicable disease, including any actual or alleged negligence or other wrongdoing in the: a. supervising, hiring, employing, training or monitoring of others that may be infected with and spread a communicable disease; b. testing for a communicable disease; c. failure to prevent the spread of the disease; or d. failure to report the disease to authorities. However, this exclusion does not apply to the extent such bodily injury, property damage or personal and advertising injury is covered by underlying insurance. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76464XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
220 LEASED AUTOMOBILE LIABILITY LIMITATION This endorsement modifies insurance provided under the following: PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that: I. Under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions, the exclusion entitled Auto or Mobile Equipment is amended to add the following at the end: However, this exclusion does not apply to any auto owned by Automobile Owner Name that is leased to the Named Insured and such auto leased to the Named Insured is scheduled in the policy listed below and contains an Each Occurrence limit equal to or greater than the amount listed below: SCHEDULED POLICY Policy # Scheduled Policy Number Each Occurrence Limit Each Occurrence Limit Amount II. Solely with respect to such leased auto covered by the policy scheduled above, paragraphs A.2.d and A.2.e of the section entitled WHO IS AN INSURED are deleted in their entirety, but only with respect to coverage under any policy scheduled above. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76465XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
221 COMMUNICABLE DISEASE LIMITATION SPECIFIED DISEASES This endorsement modifies insurance provided under the following: PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Communicable Diseases any actual or alleged bodily injury, property damage or personal and advertising injury arising out of the actual or alleged transmission of Chancroid, Chickenpox (Varicella), Chlamydia, Diphtheria, E. Coli 0157:H7, Giardiasis, Gonorrhea, Hepatitis A Virus, Hepatitis B Virus, Hepatitis C Virus, Human Immunodeficiency Virus (HIV) or AIDS, Measles, Meningitis (Bacterial), Meningitis (Viral), Mumps, Pertussis, Polio, Rubella, Salmonellosis, Shigellosis, Syphilis, Tuberculosis, Bovine Spongiform Encephalopathy (BSE), Transmissible Spongiform Encephalopathies (TSEs), Avian Influenza, Swine Influenza, Canine Influenza, Equine Influenza, Influenza and UMB_DiseaseName, including any actual or alleged negligence or other wrongdoing in the: a. supervising, hiring, employing, training or monitoring of others that may be infected with and spread a communicable disease; b. testing for a communicable disease; c. failure to prevent the spread of the disease; or d. failure to report the disease to authorities. However, this exclusion does not apply to the extent such bodily injury, property damage or personal and advertising injury is covered by underlying insurance. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76467XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
222 AIRCRAFT OR WATERCRAFT LIMITATION This endorsement modifies insurance provided under the following: PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions, the exclusion entitled Aircraft or Watercraft is deleted in its entirety and replaced with the following two new exclusions: Aircraft Any actual or alleged bodily injury, property damage, or personal and advertising injury arising out of the ownership, maintenance, operation, use, loading or unloading or entrustment to others of any aircraft owned by any Insured or rented, loaned or chartered by or on behalf of any Insured without crew. This exclusion applies even if such claim against an Insured alleges negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured. Watercraft Any actual or alleged bodily injury, property damage, or personal and advertising injury arising out of the ownership, maintenance, operation, use, loading or unloading or entrustment to others of any watercraft. This exclusion applies even if such claim against an Insured alleges negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured. However, this exclusion does not apply to the extent such liability is covered by underlying insurance. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76468XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
223 AGGREGATE LIMIT This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that if this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then the section entitled LIMITS OF INSURANCE, the paragraph entitled Aggregate Limit, the following sentence is deleted in its entirety: In addition, with respect to Coverage A Excess Follow Liability only, the Aggregate limit shown in the Declarations of this Policy shall be applied in the same manner as the applicable Aggregate limits in the Schedule of underlying insurance; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then the section entitled LIMITS OF INSURANCE, the paragraph entitled Aggregate Limit, the following sentence is deleted in its entirety: The Aggregate limit shown in the Declarations of this Policy shall be applied in the same manner as the applicable Aggregate limits in the Underlying Insurance. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76469XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
224 STATE-SPECIFIC OPERATIONS LIMITATION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY SCHEDULE State It is understood and agreed as follows: I. If this endorsement is attached to the PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: State-Specific Operations any actual or alleged bodily injury, property damage or personal and advertising injury arising out of any current or completed operations performed by the Named Insured, or on the Named Insured s behalf, in any state listed in the Schedule above. II. If this endorsement is attached to the PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions is amended by the addition of the following new exclusion: State-Specific Operations any actual or alleged bodily injury, property damage or personal and advertising injury arising out of any current or completed operations performed by the Named Insured, or on the Named Insured s behalf, in any state listed in the Schedule above. However, this exclusion does not apply to the extent such liability is covered by underlying insurance. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76473XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
225 ELECTRONIC DATA LIABILITY This endorsement modifies insurance provided under the following: PARAMOUNT UMBRELLA LIABILITY POLICY SCHEDULE Loss of Electronic Data Limit Electronic Data Limit Amount It is understood and agreed as follows: I. The section entitled EXCLUSIONS, subsection entiteld Coverage A. Umbrella Liablity Exclusions is amended to delete the exclusion entitled Access to Or Disclosure Of Confidential Or Personal Information And Data-Related Liablity and replace it with the following: any actual or alleged damages arising out of: a. any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or b. the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property; This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in paragraph a. or b. above. However, unless paragraph a. above applies, this exclusion does not apply to liability for bodily injury to the extent such liability is covered by underlying insurance. II. The section entitled Limits of Insurance is amended to add the following: Subject to the applicable Each Incident Limit, the Loss of Electronic Data Limit shown in the Schedule above is the most the Insurer will pay under Coverage A for property damage because of all loss of electronic data arising out of any one occurrence. III. For the purposes of the coverage provided by this endorsement, the definition of property damage in the section entitled Definitions is amended to add the following: Property damage includes loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the incident that caused it. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76474XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
226 EMPLOYEES AND VOLUNTEER WORKERS AS INSUREDS EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under WHO IS AN INSURED, paragraph B.2. is deleted in its entirety. II. If this endorsement is attached to the PARAMOUNT UMBRELLA LIABILITY POLICY, then under WHO IS AN INSURED, paragraphs A.2.a. and A.2.b. are deleted in their entirety. III. If this endorsement is attached to the PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions, the exclusion entitled Aircraft, Auto, Watercraft or Mobile Equipment is amended to add the following: This insurance also does not apply to any actual or alleged bodily injury, property damage, or personal and advertising injury arising out of the ownership, maintenance, operation, use, loading or unloading or entrustment to others of any aircraft operated by any employee or volunteer worker in the course of his or her employment by the Insured or while performing duties related to the conduct of the Insured s business. IV. If this endorsement is attached to the PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions is amended as follows: A. The exclusion entitled Aircraft or Watercraft is amended by the addition of the following: This insurance also does not apply to any actual or alleged bodily injury, property damage, or personal and advertising injury arising out of the ownership, maintenance, operation, use, loading or unloading or entrustment to others of any aircraft operated by any employee or volunteer worker in the course of his or her employment by the Insured or while performing duties related to the conduct of the Insured s business. B. The exclusion entitled Auto or Mobile Equipment is amended by the addition of the following: Notwithstanding anything to the contrary in this exclusion, this exclusion shall apply with respect to any actual or alleged bodily injury, property damage, or personal and advertising injury arising out of the ownership, maintenance, operation, use, loading or unloading or entrustment to others of any auto or mobile equipment operated by any employee or volunteer worker in the course of his or her employment by the Insured or while performing duties related to the conduct of the Insured s business, even if such liability is covered by underlying insurance. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76478XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
227 WAIVER OF IMMUNITY This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, SOLELY WITH RESPECT TO COVERAGE B UMBRELLA LIABILITY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that the Insurer will waive, both in the adjustment of claims and the defense of suits against the Insured, any governmental or charitable immunity as applicable, of the Insured, unless the Insured requests in writing that the Insurer not do so. Waiver of immunity as a defense will not subject the Insurer to liability for any portion of a claim or judgment in excess of the applicable limit of insurance. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76479XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
228 PROPERTY DAMAGE LIMITATION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Property Damage Any actual or alleged property damage. II. If this endorsement is attached to the PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Property Damage Any actual or alleged property damage. However, this exclusion does not apply to the extent such liability is covered by underlying insurance. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76480XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
229 WAIVER OF GOVERNMENTAL IMMUNITY PORT AUTHORITY OF NEW YORK AND NEW JERSEY This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows: The Insurer will not, without obtaining the express advance written permission from the General Counsel of the Port Authority of New York and New Jersey, raise any defense involving in any way the jurisdiction of the Tribunal over the person of the Port Authority, the immunity of the Port Authority, its commissioners, officers, agents or employees, the governmental nature of the Port Authority, or the provisions of any statutes respecting suits against the Port Authority. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76481XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
230 UNDERLYING INSURANCE COVERAGE LIMITATION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows: If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Coverage Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions, it is amended with the addition of the following new exclusion: Underlying Insurance Coverage Limitation Notwithstanding anything to the contrary, this policy does not provide broader coverage than that which is provided by any underlying insurance. In the event of any difference between: a. exclusions, restrictions, limiting terms or conditions in this policy and b. exclusions, restrictions, limiting terms or conditions in the underlying insurance; addressing the same general risk or hazard, then the more restrictive provision shall apply. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76492XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
231 TRUTH IN LENDING ACT LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed that if this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; or C. PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS; is amended by the addition of the following new exclusion: Truth in Lending Act Liability Any actual or alleged liability in connection with the failure to comply with the Truth in Lending Act provisions of the Consumer Credit Protection Act (PUBLIC ACT ; 82 STAT.146), including any amendment of or addition to such law. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76496XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
232 INTELLECTUAL PROPERTY EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that if this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; is amended by the addition of the following new exclusion: INTELLECTUAL PROPERTY Any actual or alleged infringement or violation of the following rights or laws: a. patent; b. trade secret or other confidential or proprietary non-personal information; c. trademark, certification mark, service mark, collective mark, trade name, or other designation of origin or authenticity; d. copyright; or e. any other intellectual property right or legally protected expression, including but not limited to another s idea, slogan, trade dress, style of doing business, or unauthorized use of another s name or image, or any other intellectual property law, including but not limited to piracy, unfair competition or other similar practices. This exclusion applies to the entirety of all allegations in any claim if the claim alleges the infringement or violation of any intellectual property right or law identified above, even if this insurance would otherwise apply to other allegations in the claim. However, this exclusion does not apply if the claim s only allegation is copyright or slogan infringement in an advertisement. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76498XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
233 REQUIREMENTS OF INDEPENDENT COUNSEL This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY I. If this endorsement is attached to the: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY or the PARAMOUNT UMBRELLA LIABILITY POLICY, then the section entitled DEFENSE COST PAYMENTS AND RELATED DUTIES, is amended with the addition of the following: If the Insured is entitled by law to select independent counsel to defend the Insured in a suit at the Insurer s expense, the Insurer will pay that counsel for defense costs at the rates the Insurer pay counsel the Insurer retains, in the usual course of the Insurer s business, to defend similar suits in the jurisdiction where the suit is filed. The Insurer has the right to allocate defense costs between covered and noncovered claims, and to seek reimbursement for all sums allocable to non-covered claims. The Insurer has the right to require that counsel the Insured selects: A. has certain minimum qualifications, including experience in defending claims similar to the one filed against the Insured; and B. has errors and omissions insurance coverage. Such counsel may not provide investigation and defense to the Insured if he or she is not a member in good standing of the Bar in the jurisdiction in which the proceeding is brought. The Named Insured may at any time, by signed consent, waive any right to select independent counsel. II. If this endorsement is attached to the PARAMOUNT EXCESS LIABILITY POLICY, the section entitled CONDITIONS is amended with the addition of the following condition: If the Insurer has a duty to defend the Insured and the Insured is entitled by law to select independent counsel to defend the Insured in a suit at the Insurer s expense, the Insurer will pay that counsel for defense costs at the rates the Insurer pays counsel the Insurer retains, in the usual course of the Insurer s business, to defend similar suits in the jurisdiction where the suit is filed. The Insurer has the right to allocate defense costs between covered and non-covered claims, and to seek reimbursement for all sums allocable to non-covered claims. The Insurer has the right to require that counsel the Insured selects: A. has certain minimum qualifications, including experience in defending claims similar to the one filed against the Insured; and B. has errors and omissions insurance coverage. Such counsel may not provide investigation and defense to the Insured if he or she is not a member in good standing of the Bar in the jurisdiction in which the proceeding is brought. The Named Insured may at any time, by signed consent, waive any right to select independent counsel. No: CNA76499XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
234 All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76499XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
235 CONTRACTORS LIMITATION UMBRELLA LIABILITY LIMITED WRAP-UP COVERAGE This endorsement modifies insurance provided under the following: PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows: I. Under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions is amended by the addition of the following new exclusions: Architects and Engineers Professional Services any liability of the Insured, or any other person or entity acting on the Insured s behalf, arising out of any actual or alleged rendering of, or failure to render, professional services by an architect, engineer, surveyor, landscape architect, or soil or subsoil analyst. As used in this endorsement, professional services includes, but is not limited to: a. feasibility studies, cost estimates, or soil tests; b. preparing, approving, or failing to prepare or approve, maps, plans, opinions, reports, surveys, change orders, field orders, designs, drawings, shop drawings or specifications; c. supervisory, inspection, architectural or engineering activities; or d. project or construction management services. Explosion / Collapse / Underground (xcu) any actual or alleged property damage arising out of the explosion hazard, the collapse hazard, or the underground property damage hazard. However, this exclusion does not apply to the extent such liability is covered by underlying insurance. Exterior Insulation And Finish Systems (EIFS) any actual or alleged liability arising out of, caused by, or attributable to, whether in whole or in part, an exterior 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 system. However, this exclusion does not apply to the extent such liability is covered by underlying insurance. Subsidence any actual or alleged liability arising out of the subsidence of land. This exclusion applies whether such liability arises solely from subsidence or from subsidence in combination with other causes, whether natural or manmade. However, this exclusion does not apply to the extent such liability is covered by underlying insurance. Torch Applied Roofing any actual or alleged liability arising out of torch work performed by or on behalf of any Insured or any other person. This exclusion does not apply to the extent such liability is covered by underlying insurance, unless a separate endorsement is attached to this policy which also excludes such liability. In such an event, this exclusion applies whether or not such liability is covered by underlying insurance. No: CNA76500XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
236 Wrap-Ups any actual or alleged liability arising out of any operation, performed by or on behalf of any Insured, which is or was insured under a consolidated (wrap-up) insurance program. However, to the extent covered by underlying insurance, this exclusion does not apply to: a. Bodily injury, property damage, or personal and advertising injury that occurs during ongoing operations conducted by or on behalf of the Named Insured at a project insured under a consolidated (wrap-up) insurance program; nor b. Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of such projects that are not residential structures. Your Work on Residential Structures any actual or alleged liability arising out of your work on any residential structure. However, this exclusion does not apply to the extent such liability is covered by underlying insurance. II. Under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions is amended to delete the exclusion entitled Fungi or Other Organic Pathogens in its entirety and replace it with the following: Fungi or Other Organic Pathogens a. any actual or alleged bodily injury or personal and advertising injury arising out of or relating to, in whole or in part, any actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or growth of any fungi or other organic pathogens. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury, and applies to any loss, cost or expense to prevent or mitigate such injury. But this exclusion does not apply to any fungi or other organic pathogens that are, are on, or are contained in, a good or product intended for bodily consumption; b. any actual or alleged property damage arising out of or relating to any actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or growth of any fungi or other organic pathogens; c. any actual or alleged loss, cost or expense arising out of or relating to the 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 fungi or other organic pathogens. III. Under DEFINITIONS, the following definitions are added: Collapse hazard includes structural property damage and any resulting property damage to any other property at any time. Consolidated (wrap-up) insurance program means a construction, erection, or demolition project for which the prime contractor/project manager or owner of the project has secured liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). Explosion hazard includes property 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. Exterior finish system means an exterior wall cladding system consisting of an insulation material attached to a substrate, a base coat on the surface of the insulation material, and a protective finish applied to the base coat, and any accessories thereto, including but not limited to conditioners, primers, accessories, flashings, coatings, caulking or sealants. No: CNA76500XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
237 Residential structure means a structure where 30% or more of the square footage area is used or intended to be used for human habitation. Structural property damage means the collapse of or structural injury to any building or structure due to: A. grading of land, excavating, borrowing, filling, back-filling, tunneling, pile driving, cofferdam work or caisson work; or B. moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support of that building or structure. Subsidence means earth movement, including but not limited to: A. landslide; B. mudflow; C. earth sinking; D. earth rising; E. collapse or movement of fill; F. earth settling, slipping, falling away, caving in, eroding or tilting; G. earthquake; or H. any other movement of land or earth. Torch work means roofing operations utilizing open flame, and fire follows as a consequence or result. Underground property damage means property damage to wires, conduits, pipes, mains, sewers, tanks, tunnels, any similar property, and any apparatus used with them beneath the surface of the ground or water, caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, excavating, drilling, borrowing, filling, back-filling or pile driving. Underground property damage hazard includes underground property damage and any resulting property damage to any other property at any time. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76500XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
238 CONSTRUCTION LOAN EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions; is amended by the addition of the following new exclusion: Construction Loans any actual or alleged liability arising out of: a. any building: i. which is security for a loan: (a) held by the Insured; or (b) which the Insured or others made in connection with its construction; or ii. for which construction was otherwise financed by the Insured; or b. the Insured s status as a construction lender. II. If this endorsement is attached to the PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS is amended by the addition of the exclusion set forth in paragraph I., except that the term Insured is deleted in its entirety and replaced with the term insured. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76501XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
239 LIMITATION OF COVERAGE REAL ESTATE OPERATIONS This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows: If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under COVERAGES, the section entitled Coverage B Umbrella Liability; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under COVERAGES, the section entitled Coverage A Umbrella Liability; is amended by the addition of the following: With respect to real estate operations, this insurance applies only to bodily injury, property damage or personal and advertising injury arising out of the ownership, operation, maintenance or use of: 1. such part of any premises the Named Insured uses for general office purposes; 2. premises listed or shown by the Named Insured for sale or rental, if: a. the Named Insured does not own, operate, manage or rent such premises; b. such premises are not in the Named Insured s care, custody, or control; or c. the Named Insured does not act as agent for the collection of rents or in any supervisory capacity. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76505XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
240 ABSOLUTE ABUSE OR MOLESTATION LIMITATION This endorsement modifies insurance provided under the following: PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows: I. Under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Abuse or Molestation any bodily injury, property damage, or personal and advertising injury arising out of any actual, alleged, attempted, proposed or threatened abuse or molestation of any person by anyone. This exclusion applies even if a claim against any Insured alleges negligence or other wrongdoing including but not limited to any: a. improper or negligent hiring, employment, retention or supervision; b. improper or negligent provision or failure to provide security; c. improper warning or failure to warn; or d. misrepresentation. However, this exclusion does not apply to the extent such liability is covered by underlying insurance. II. The section entitled DEFINITIONS is amended to add the following new definition: Abuse or molestation means any abuse or molestation, whether or not intentional, of any person. Abuse or molestation includes grooming or other acts or omissions in conjunction with, anticipation of, or in preparation for any abuse or molestation. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76508XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
241 FELLOW EMPLOYEE LIMITATION This endorsement modifies insurance provided under the following: PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that under WHO IS AN INSURED, paragraph A.2.b.i. is amended by the addition of the following: Subparagraphs (a), (b) and (c) above do not apply to any employee with respect to bodily injury to a coemployee or volunteer worker to the extent such bodily injury is covered by underlying insurance. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76525XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
242 WASTE EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions: or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions: is amended by the addition of the following new exclusion: Waste Any actual or alleged injury or damage that would not have occurred, in whole or in part, but for: a. the disposal of waste by, on behalf of, or for any Insured; or b. the handling, transportation, treatment or storage of waste disposed of, or in the process of being disposed of, by, on behalf of, or for any Insured. II. If this endorsement is attached to the PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS is amended by the addition of the exclusion set forth in paragraph I. above, except that the term Insured is deleted in its entirety and replaced with the term insured. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76545XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
243 TEXAS EMPLOYERS LIABILITY RETAINED AMOUNT This endorsement modifies insurance provided under the following: PARAMOUNT UMBRELLA LIABILITY POLICY RETENTION SCHEDULE Death by Accident: Death by Disease: Death By Accident Amount Each Accident Death By Disease Amount Each Employee Solely with respect to the death of a Texas nonsubscriber employee, it is understood and agreed that the Policy is amended as follows: I. Under COVERAGES, the Section entitled Coverage A Umbrella Liability is deleted in its entirety and replaced with the following: A. Coverage A Umbrella Liability II. The Insurer will pay on behalf of the Named Insured those damages in excess of the retained amount that the Named Insured becomes legally obligated to pay because of the death of a Texas nonsubscriber employee to which this insurance applies. The damages the Insurer will pay, where recovery is permitted by law, include damages: 1. for which the Named Insured is liable to a third party by reason of a claim or suit against the Named Insured by such third party to recover the damages claimed against such third party as a result of the death of such Texas nonsubscriber employee; 2. for care and loss of services; 3. because of the death of such Texas nonsubscriber employee that arises out of and in the course of such employment, but is claimed against the Named Insured in a capacity other than as employer. Provided, however, that this insurance applies only if: a. such death resulted from the Named Insured s gross negligence and was caused by: i. an occurrence that takes place during the policy period; or ii. a disease which was caused or aggravated by the conditions of the Texas nonsubscriber employee s employment. Such Texas nonsubscriber employee s last day of last exposure to the conditions causing or aggravating such death by disease must occur during the policy period; and b. the original suit, if the Named Insured is sued, and any related legal actions for damages for death by accident or disease, is brought in the United States of America, its territories or possessions, or Canada. DEFENSE COSTS PAYMENT AND RELATED DUTIES is deleted in its entirety and replaced by the following: NO DUTY TO DEFEND The Insurer shall have no duty to investigate, handle, settle, or defend any claim, suit, or proceeding against the Named Insured. However, the Insurer has the right and shall be given the opportunity by the No: CNA76550XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
244 III. IV. Named Insured to associate with the Named Insured in the investigation, settlement or defense of any claim, suit or proceeding which might involve a loss to the Insurer. If the Insurer exercises such right, the Insurer will do so at its own expense, and the Named Insured shall promptly cooperate with the Insurer in all aspects of investigation, settlement and defense. The Named Insured must obtain the Insurer s written consent to settle any claim for an amount larger than the applicable retained amount; such consent will not be unreasonably withheld. Defense costs incurred by anyone do not count toward nor erode the applicable retained amount. Under EXCLUSIONS, Coverage A Umbrella Liability Exclusions, the exclusions entitled Employee Injury, Expected or Intended Injury and Workers Compensation and Similar Laws/Nonsubscriber Status are deleted in their entirety and replaced by the following: Employee Injury any actual or alleged bodily injury or personal and advertising injury to: a. an employee arising out of and in the course of employment by the Insured or performing duties related to the conduct of the Insured s business; or b. the spouse, child, parent, brother or sister of that employee as a consequence of a. above. This exclusion applies: i. whether an Insured may be liable as an employer or in any other capacity; and ii. to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to: (a) liability assumed by the Insured under an insured contract; or (b) to death suffered by a Texas nonsubscriber employee if such death is otherwise covered by this Policy. Expected or Intended injury any actual or alleged bodily injury or property damage arising out of an act or omission: a. intended by an Insured; or b. that would be expected from the standpoint of a reasonable person in the circumstances of the Insured; to cause bodily injury or property damage, even if the actual bodily injury or property damage is of a different degree or type than intended or expected. Workers Compensation and Similar Laws any actual or alleged obligation of any Insured under a workers compensation, disability benefits or unemployment compensation law or any similar law. Under EXCLUSIONS, Coverage A Umbrella Liability Exclusions, the following exclusions are added: Class Action Claims any class action claims or suits, whether or not the class or class action has been certified. For the purpose of this exclusion, a class action is a claim, suit, arbitration, or administrative or regulatory proceeding brought by or on behalf of a group of persons who assert they are similarly situated, or by an individual who asserts to represent such a class. No: CNA76550XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
245 Fines and Penalties fines or penalties imposed for violation of federal or state law. V. Under LIMITS OF INSURANCE, the Retention Schedule set forth above in this endorsement is incorporated and the Section entitled Each Incident is deleted in its entirety and replaced with the following: Each Incident VI. Subject to paragraphs B., C. and D. above, the limit of insurance shown in the Declarations of this Policy as the Each Incident limit is the most the Insurer will pay for the sum of all damages arising out of any one incident under this Policy. Such limit applies excess of the retained amount, as follows: 1. for one or more Texas nonsubscriber employees who suffer death in any one accident, the Named Insured will retain the amount of loss shown in the Retention Schedule for Death By Accident; 2. for each Texas nonsubscriber employee who suffers death by disease, the Named Insured will retain the amount of loss shown in the Retention Schedule for Death By Disease; 3. the retained amount does not include, and is not satisfied in whole or in part, by defense costs, nor by benefits or damages that would be excluded by this Policy if they exceeded the retained amount; 4. the retained amount does not include, and is not satisfied in whole or in part by payments made by Disability Insurance, Health Insurance or other insurance, except to the extent such payments are applied to reduce the amount the Named Insured owes for damages that are also covered by this Policy; 5. the retained amount can be satisfied in whole or in part by payments made by underlying insurance to reduce the amount the Named Insured owes for damages that are also covered by this Policy; 6. if the Retention Schedule of this endorsement is left blank, then the following default values apply in place of any missing values: a retained amount of $2,000,000 for Death By Accident and a retained amount of $2,000,000 for Death By Disease. Under DEFINITIONS, the following definitions are added: Gross negligence means an act or omission: A. which when viewed objectively from the standpoint of the actor at the time of its occurrence involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others; and B. where the actor has actual, subjective awareness of the risk involved, but nevertheless proceeds with conscious indifference to the rights, safety or welfare of others. Texas nonsubscriber means any Named Insured that has an active statement of nonsubscription on file with the Division of Workers Compensation at the Texas Department of Insurance indicating that the Named Insured has chosen not to participate in the Workers Compensation system in accordance with the Texas Workmen s Compensation Act of 1913, including any amendments or additions thereto. Texas nonsubscriber employee means an employee of the Texas nonsubscriber, provided that: A. such employee was normally located and employed in the state of Texas; B. such employee s employment was necessary or incidental to the Texas nonsubscriber s work in the state of Texas; and C. such employee s death arose out of and in the course of such employment by the Texas nonsubscriber and resulted from the Texas nonsubscriber s gross negligence. No: CNA76550XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
246 VII. Under DEFINITIONS, the definitions of employee and retained amount are deleted in their entirety and replaced by the following: Employee does not include leased workers or employees loaned to the Insured. Temporary workers are not employees. Retained amount means the greater of: A. the total applicable limits of underlying insurance and any other insurance available to the Insured; or B. the amount listed in the above Retention Schedule of this endorsement. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76550XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
247 CONTRACTORS LIMITATION UMBRELLA LIABILITY This endorsement modifies insurance provided under the following: PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows: I. Under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions is amended by the addition of the following new exclusions: Architects and Engineers Professional Services any liability of the Insured, or any other person or entity acting on the Insured s behalf, arising out of any actual or alleged rendering of, or failure to render, professional services by an architect, engineer, surveyor, landscape architect, or soil or subsoil analyst. As used in this endorsement, professional services includes, but is not limited to: a. feasibility studies, cost estimates, or soil tests; b. preparing, approving, or failing to prepare or approve, maps, plans, opinions, reports, surveys, change orders, field orders, designs, drawings, shop drawings or specifications; c. supervisory, inspection, architectural or engineering activities; or d. project or construction management services. Explosion / Collapse / Underground (xcu) any actual or alleged property damage arising out of the explosion hazard, the collapse hazard, or the underground property damage hazard. However, this exclusion does not apply to the extent such liability is covered by underlying insurance. Exterior Insulation And Finish Systems (EIFS) any actual or alleged liability arising out of, caused by, or attributable to, whether in whole or in part, an exterior 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 system. However, this exclusion does not apply to the extent such liability is covered by underlying insurance. Subsidence any actual or alleged liability arising out of the subsidence of land. This exclusion applies whether such liability arises solely from subsidence or from subsidence in combination with other causes, whether natural or manmade. However, this exclusion does not apply to the extent such liability is covered by underlying insurance. Torch Applied Roofing any actual or alleged liability arising out of torch work performed by or on behalf of any Insured or any other person. This exclusion does not apply to the extent such liability is covered by underlying insurance, unless a separate endorsement is attached to this policy which also excludes such liability. In such an event, this exclusion applies whether or not such liability is covered by underlying insurance. No: CNA76552XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
248 Wrap-Ups any actual or alleged liability arising out of any operation, performed by or on behalf of any Insured, which is or was insured under a consolidated (wrap-up) insurance program. Your Work on Residential Structures any actual or alleged liability arising out of your work on any residential structure. However, this exclusion does not apply to the extent such liability is covered by underlying insurance. II. Under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions is amended to delete the exclusion entitled Fungi or Other Organic Pathogens in its entirety and replace it with the following: Fungi or Other Organic Pathogens a. any actual or alleged bodily injury or personal and advertising injury arising out of or relating to, in whole or in part, any actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or growth of any fungi or other organic pathogens. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury, and applies to any loss, cost or expense to prevent or mitigate such injury. But this exclusion does not apply to any fungi or other organic pathogens that are, are on, or are contained in, a good or product intended for bodily consumption; b. any actual or alleged property damage arising out of or relating to any actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or growth of any fungi or other organic pathogens; c. any actual or alleged loss, cost or expense arising out of or relating to the 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 fungi or other organic pathogens. III. Under DEFINITIONS, the following definitions are added: Collapse hazard includes structural property damage and any resulting property damage to any other property at any time. Consolidated (wrap-up) insurance program means a construction, erection, or demolition project for which the prime contractor/project manager or owner of the project has secured liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). Explosion hazard includes property 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. Exterior finish system means an exterior wall cladding system consisting of an insulation material attached to a substrate, a base coat on the surface of the insulation material, and a protective finish applied to the base coat, and any accessories thereto, including but not limited to conditioners, primers, accessories, flashings, coatings, caulking or sealants. Residential structure means a structure where 30% or more of the square footage area is used or intended to be used for human habitation. Structural property damage means the collapse of or structural injury to any building or structure due to: A. grading of land, excavating, borrowing, filling, back-filling, tunneling, pile driving, cofferdam work or caisson work; or B. moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support of that building or structure. No: CNA76552XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
249 Subsidence means earth movement, including but not limited to: A. landslide; B. mudflow; C. earth sinking; D. earth rising; E. collapse or movement of fill; F. earth settling, slipping, falling away, caving in, eroding or tilting; G. earthquake; or H. any other movement of land or earth. Torch work means roofing operations utilizing open flame, and fire follows as a consequence or result. Underground property damage means property damage to wires, conduits, pipes, mains, sewers, tanks, tunnels, any similar property, and any apparatus used with them beneath the surface of the ground or water, caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, excavating, drilling, borrowing, filling, back-filling or pile driving. Underground property damage hazard includes underground property damage and any resulting property damage to any other property at any time. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76552XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
250 UNDERGROUND STORAGE TANKS EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then: A. under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Underground Storage Tanks any actual or alleged bodily injury, property damage or personal and advertising injury that would not have occurred in whole or in part but for the spilling, leaking or escaping of any of the contents of an underground storage tank. However, this exclusion does not apply to bodily injury, property damage, or personal and advertising injury to which any policy of underlying insurance applies or would apply but for the exhaustion of its limits of liability. B. solely with respect to this endorsement, the section entitled DEFINITIONS is amended by the addition of the following new definition: Underground storage tank means: A. one tank or a combination of tanks, including associated piping, filling and dispensing systems: 1. that is used to contain substances; and 2. the volume of which, including the volume of the underground associated piping, is at least ten percent (10%) beneath the surface of the ground. B. any part of the underground piping or dispensing systems associated with a storage tank system that does not otherwise qualify as an underground storage tank under paragraph A. Underground storage tank does not include a storage tank situated in an underground area such as a basement or cellar if at least 90% of the volume of the storage tank and associated piping, filling and dispensing systems are situated upon or above the surface of the floor, but any part of the piping or dispensing systems of such a system that are beneath the surface of the floor are an underground storage tank. II. If this endorsement is attached to the PARAMOUNT UMBRELLA LIABILITY POLICY, then: A. under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions is amended by the addition of the exclusion set forth in paragraph I. A. above. B. solely with respect to this endorsement, the section entitled DEFINITIONS is amended by the addition of the definition set forth in paragraph I. B. above. No: CNA76577XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
251 All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76577XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
252 U.S. Department of Transportation Federal Motor Carrier Safety Administration FOR MOTOR CARRIER POLICIES OF INSURANCE FOR PUBLIC LIABILITY UNDER SECTIONS 29 AND 30 OF THE MOTOR CARRIER ACT OF 1980 Approved: OMB No.: Issued to of Dated at this day of, Amending Policy No. Effective Date Name of Insurance Company Countersigned by Authorized Company Representative The policy to which this endorsement is attached provides primary or excess insurance, as indicated by "[X]," for the limits shown: [ ] This insurance is primary and the company shall not be liable for amounts in excess of for each accident. [ ] This insurance is excess and the company shall not be liable for amounts in excess of for each accident in excess of the underlying limit of $ for each accident. Whenever required by the Federal Motor Carrier Safety Administration (FMCSA), the company agrees to furnish the FMCSA a duplicate of said policy and all its endorsements. The company also agrees, upon telephone request by an authorized representative of the FMCSA, to verify that the policy is in force as of a particular date. The telephone number to call is:. Cancellation of this endorsement may be effected by the company of the insured by giving (1) thirty-five (35) days notice in writing to the other party (said 35 days notice to commence from the date the notice is mailed, proof of mailing shall be sufficient proof of notice), and (2) if the insured is subject to the FMCSA's registration requirements under 49 U.S.C , by providing thirty (30) days notice to the FMCSA (said 30 days notice to commence from the date the notice is received by the FMCSA at its office in Washington, D.C.). Accident includes continuous or repeated exposure to conditions or which results in bodily injury, property damage, or environmental damage which the insured neither expected nor intended. Motor Vehicle means a land vehicle, machine, truck, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on a highway for transporting property, or any combination thereof. Bodily Injury means injury to the body, sickness, or disease to any person, including death resulting from any of these. The insurance policy to which this endorsement is attached provides automobile liability insurance and is amended to assure compliance by the insured, within the limits stated herein, as a motor carrier of property, with Sections 29 and 30 of the Motor Carrier Act of 1980 and the rules and regulations of the Federal Motor Carrier Safety Administration (FMCSA). DEFINITIONS AS USED IN THIS In consideration of the premium stated in the policy to which this endorsement is attached, the insurer (the company) agrees to pay, within the limits of liability described herein, any final judgment recovered against the insured for public liability resulting from negligence in the operation, maintenance or use of motor vehicles subject to the financial responsibility requirements of Sections 29 and 30 of the Motor Carrier Act of 1980 regardless of whether or not each motor vehicle is specifically described in the policy and whether or not such negligence occurs on any route or in any territory authorized to be served by the insured or elsewhere. Such insurance as is afforded, for public liability, does not apply to injury to or death of the insured's employees while engaged in the course of their employment, or property transported by the insured, designated as cargo. It is understood and agreed that no condition, provision, stipulation, or limitation contained in the policy, this endorsement, or any other endorsement thereon, or violation thereof, shall relieve the company from liability or from the payment of any final Property Damage means damage to or loss of use of tangible property. Environmental Restoration means restitution for the loss, damage, or destruction of natural resources arising out of the accidental discharge, dispersal, release or escape into or upon the land, atmosphere, watercourse, or body of water, of any commodity transported by a motor carrier. This shall include the cost of removal and the cost of necessary measures taken to minimize or mitigate damage to human health, the natural environment, fish, shellfish, and wildlife. Public Liability means liability for bodily injury, property damage, and environmental restoration judgment, within the limits of liability herein described, irrespective of the financial condition, insolvency or bankruptcy of the insured. However, all terms, conditions, and limitations in the policy to which the endorsement is attached shall remain in full force and effect as binding between the insured and the company. The insured agrees to reimburse the company for any payment made by the company on account of any accident, claim, or suit involving a breach of the terms of the policy, and for any payment that the company would not have been obligated to make under the provisions of the policy except for the agreement contained in this endorsement. It is further understood and agreed that, upon failure of the company to pay any final judgment recovered against the insured as provided herein, the judgment creditor may maintain an action in any court of competent jurisdiction against the company to compel such payment. The limits of the company's liability for the amounts prescribed in this endorsement apply separately to each accident and any payment under the policy because of any one accident shall not operate to reduce the liability of the company for the payment of final judgments resulting from any other accident. THE SCHEDULE OF LIMITS SHOWN ON THE REVERSE SIDE DOES NOT PROVIDE COVERAGE. The limits shown in the schedule are for information purposes only. MC 1622p (01-07) MCS-90 (4/2000)
253 SCHEDULE OF LIMITS PUBLIC LIABILITY Type of carriage (1) For-hire (In interstate or foreign commerce, with a gross vehicle weight rating of 10,000 or more pounds). Commodity transported Jan. 1, 1985 Property (nonhazardous) $ 750,000 (2) For-hire and Private (In interstate, foreign, or intrastate commerce, with a gross vehicle weight rating of 10,000 or more pounds). (3) For-hire and Private (In interstate or foreign commerce, in any quantity; or in intrastate commerce, in bulk only; with a gross vehicle weight rating of 10,000 or more pounds). (4) For-hire and Private (In interstate or foreign commerce, with a gross vehicle weight rating of less than 10,000 pounds). Hazardous substances, as defined in 49 CFR 171.8, transported in cargo tanks, portable tanks, or hopper-type vehicles with capacities in excess of 3,500 water gallons; or in bulk Divisions 1.1, 1.2, and 1.3 materials, Division 2.3, Hazard Zone A, or Division 6.1, Packing Group 1, Hazard Zone A material; in bulk Division 2.1 or 2.2; or highway route controlled quantities of a Class 7 material, as defined in 49 CFR Oil listed in 49 CFR ; hazardous waste, hazardous materials, and hazardous substances defined in 49 CFR and listed in 49 CFR , but not mentioned in (2) above or (4) below. Any quantity of Division 1.1, 1.2, or 1.3 material; any quantity of a Division 2.3, Hazard Zone A, or Division 6.1, Packing Group 1, Hazard Zone A material; or highway route controlled quantities of a Class 7 material as defined in 49 CFR $5,000,000 $1,000,000 $5,000,000 MCS-90 (4/2000) MC 1622p (01/07)
254 FUNGI OR OTHER ORGANIC PATHOGENS EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability Exclusions is amended by the addition of the following new exclusion: Fungi or Other Organic Pathogens a. any actual or alleged liability arising out of any actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or growth or presence of any fungi or other organic pathogens; b. any actual or alleged loss, cost or expense arising out of or relating to the 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, fungi or other organic pathogens by any Insured or by anyone else; or c. any actual or alleged damage caused by water where there also exists any damage arising out of or relating to, in whole or in part, the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or growth or presence of any fungi or other organic pathogens. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage, loss, cost or expense. II. If this endorsement is attached to the PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS is amended by the addition of the exclusion set forth in paragraph I., except that: A. the term Insured is deleted in its entirety and replaced with the term insured ; and B. the following is added to the end of the exclusion: As used herein: 1. Fungi means any form of fungus, including but not limited to, yeast, mold, mildew, rust, smut or mushroom, and including any spores, mycotoxins, odors, or any other substances, products, or byproducts produced by, released by, or arising out of the current or past presence of fungi. However, fungi does not include any fungi intended by the insured for human consumption. 2. Other organic pathogens means any organic irritant or contaminant other than fungi, including but not limited to bacteria, microbes and viruses (whether or not a microorganism), that cause infection and disease. Other organic pathogens includes any spores, mycotoxins, odors, variants, mutations, or any other substances, products, or byproducts produced by, released by, or arising out of the current or past presence of such pathogens, and any colony or group of the foregoing. However, other organic pathogens does not mean pathogens that were transmitted directly from person to person. No: CNA75562XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
255 All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75562XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
256 TOTAL POLLUTION EXCLUSION WITH ALTERNATE POLLUTANTS DEFINITION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed that the section entitled EXCLUSIONS is amended by the addition of the following new exclusion: Pollution 1. Any actual or alleged injury or damage which would not have occurred in whole or in part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time; or 2. Any loss, cost or expense arising out of any: a. request, demand, order, or statutory or regulatory requirement that anyone 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. As used herein, pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, fumes, soot, acids, alkalis, chemicals or waste (including materials to be recycled, reconditioned or reclaimed), including but not limited to any of the following substances in any form, isomer or physical state, and under any other name, trade name or synonym, whether alone or in mixture with other substances, including smoke, fumes, vapors or gases containing the following substances, and including their degradation products and products of combustion: i. petroleum, or petroleum distillates, derivatives or constituents; ii. fuels and fuel additives, whether or not petroleum based, including but not limited to aviation fuel, fuel oil, gasoline, diesel fuel, diesel range organics, Bunker C, kerosene, and methyl tert-butyl ether (MTBE); iii. antifreeze and other coolants, brake fluid, cutting oils and other metal working fluids, grease, lubricants, hydraulic fluid, motor oil, transmission fluid, and other vehicle or machinery operating fluids, whether or not petroleum based; iv. adhesives, coal tar, dry cleaning chemicals, exhaust gases, herbicides, insecticides or pesticides, manufactured gas plant byproducts (MGP), mineral spirits, silt, sewage, sludge, solvents and transformer fluids; v. alcohols, aldehydes, aliphatics, bromated fluorocarbons, chlorinated fluorocarbons (CFCs), chlorinated hydrocarbons, dioxins, esthers, glycols, ketones, nitrates, phenols, polychlorinated biphenyls (PCBs), polynuclear aromatic hydrocarbons (PAHs) and polychlorinated dibenzodioxins; vi. toxic metals, semi-metals and their oxides; vii. substances listed below: A B acrylonitrile, aluminum, ammonia, antimony, anthracine, aroclor, arsenic, barium, benzene, benzo[a]pyrene, beryllium, No: CNA76482XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
257 C D E L M N P S T U Z cadmium, carbon monoxide, carbon tetrachloride, chlorine, chloroform, chromium, cobalt, copper, cresol, cyanide, dichlorobenzene, dichloroethane, dichloroethene, dichloroethylene (DCE), dieldrin, ethylbenzene, ethyl tert-butyl ether, hexachlorocyclohexane (BCH), hexadioxin, hexavalent chromium, lead, manganese, mercury, methylene chloride, methylene chloroform, methyl ethyl ketone, naptha, naphthalene, nickel, pentachlorophenol, perchloroethylene (PCE; PERC), phosphates, phosphorus, plutonium, selenium, styrene, sulfate, tert-butyl alcohol, tertiary-amyl methyl ether (TAME), tetrachloroethane, tetrachloroethylene; tetrachlorodibenzeno-p-dioxin (TCDD), toluene, trichlorobenzene, trichloroethane (TCA), trichloroethylene (TCE), thallium, thorium, tin, toxaphene, uranium, vinyl chloride, xylene, zinc; and viii. substances regulated or listed under any of the following: (a) CERCLA (the Comprehensive Environmental Response, Compensation, and Liability Act) 1997 and all subsequent editions; (b) The Agency for Toxic Substances and Disease Registry ToxFAQs; (c) U.S. Environmental Protection Agency EMCI Chemical References Complete Index; (d) IC 13; or (e) Title 42 of the United States Code. This definition of pollutants applies whether or not the irritant or contaminant: (1) has or had any function in the insured s business or operations (e.g., gasoline that leaks from a gas station s underground storage tank into surrounding soil or water is a pollutant); (2) is innocuous in other contexts (e.g., water that infiltrates into an underground gasoline tank, contaminating the tank s contents, is a pollutant, even though water in most other contexts is not a pollutant); (3) is described by name in this definition; or (4) is considered a pollutant by the insured. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76482XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
258 RECOGNITION OF EROSION OF UNDERLYING LIMITS BY SUB-LIMITS This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed that if this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under LIMITS OF INSURANCE, the section entitled Exhaustion or Reduction of Applicable Underlying Limit, the paragraph beginning with the word If and ending with the word sub-limits ; or B. PARAMOUNT EXCESS LIABILITY POLICY, then under CONDITIONS, the section entitled Maintenance of Underlying Insurance, the final paragraph; is deleted in its entirety and replaced with the following: This policy shall recognize any payments of sub-limits made by the underlying insurer, and such payments shall erode the limits of liability of such underlying insurance. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76494XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
259 NUCLEAR ENERGY LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: I. The section entitled EXCLUSIONS is amended to add the following new exclusion: Nuclear Energy Liability Any actual or alleged liability: a. with respect to which an insured under this 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 insurance; b. resulting from the hazardous properties of nuclear material and with respect to which: i. any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or ii. 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; or c. resulting from hazardous properties of nuclear material, if: i. 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 therefrom; ii. the nuclear material is contained in spent fuel or nuclear waste at any time possessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an insured; or iii. the liability 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 applies only to property damage to such nuclear facility and any property thereat; and d. under any Medical Payments coverage, to expenses 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. II. Solely with respect to this endorsement: A. Hazardous properties includes but is not limited to radioactive, toxic or explosive properties. B. Nuclear material means source material, special nuclear material or by-product material. C. 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. No: CNA76495XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
260 D. Spent fuel means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor. E. Nuclear waste means any waste material: 1. 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 2. 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. F. Nuclear facility means: 1. any nuclear reactor; 2. any equipment or device designed or used for: a. separating the isotopes of uranium or plutonium, b. processing or utilizing spent fuel, or c. handling, processing or packaging nuclear waste; 3. 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; or 4. any structure, basin, excavation, premises or place prepared or used for the storage or disposal of nuclear 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. G. Nuclear reactor means an apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. H. Property damage means: 1. physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or 2. loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the incident that caused it. Property damage includes all forms of radioactive contamination of property. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76495XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
261 QUOTA SHARE This endorsement modifies insurance provided under: PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: I. The Limits of Insurance shown on the Declarations shall apply as follows: A. UMB_EachIncidentAmt Each Incident Limit UMB_AggregateAmt Aggregate Limit B. UMB_QuotaSharePercent% Quota Share Part of: UMB_QuotaEachIncidentAmt Each Incident UMB_QuotaAggregateAmt Aggregate Limit; C. Excess of: UMB_ExsOfEachIncidentAmt Each Incident UMB_ExcOfAggregateAmt Aggregate Limit D. Schedule of Quota Share Layer Participants: SCHEDULE Quota Share Participant Policy Number Policy Limits part of Layer Limit UMB_QuotaShareCompany UMB_QuotaPolNo. UMB_PolicyLimitAmt part of UMB_PartOfLayerAmt II. In the event the Quota Share Layer Participants listed above restrict coverage, this insurance will be subject to such restrictions. In no event shall this insurance grant broader coverage than that provided by any of the Quota Share Layer Participants listed in paragraph I.D. above. III. The liability of the Insurer and the Quota Share Layer Participants shall be several and not joint. The Insurer shall not be liable under this Policy for any amount in excess of its limits of insurance as set forth in paragraph I.A. above, regardless of any changes in circumstances, including, but not limited to change in terms or conditions including cancellation of the applicable policy, or removal or bankruptcy of any Quota Share Layer Participant. If the Insurer s applicable limits of insurance are exhausted by payment of loss, the Insurer's obligations under this policy shall be deemed completely fulfilled and extinguished regardless of whether or to what extent the Quota Share Layer Participant s limits of insurance have been exhausted by payment of loss. Coverage hereunder shall apply in conformance with the provisions set forth in this Policy. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76608XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
262 EMPLOYER S LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that the section entitled EXCLUSIONS is amended as follows: A. The subsection entitled Coverage B Umbrella Liability Coverage Exclusions, the exclusion entitled Employee Injury is deleted in its entirety; and B. The subsection entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Employee Injury any actual or alleged bodily injury or personal and advertising injury to: a. an employee arising out of and in the course of employment by the Insured or performing duties related to the conduct of the Insured s business; or b. the spouse, child, parent, brother or sister of that employee as a consequence of a. above. This exclusion applies: i. whether an Insured may be liable as an employer or in any other capacity; and ii. to any obligation to share damages with or repay someone else who must pay damages because of the injury. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA 75576XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
263 CORRECTION OF WORK EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed as follows: I. Under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability Exclusions is amended by the addition of the following new exclusion: Correction of Work Any fees, costs and expenses incurred by the Named Insured in its efforts to minimize potential damages for which the Named Insured might become liable due to any negligent act, error or omission committed in the rendering of printing services. II. The following definition is added: Printing services means the following services rendered to others: A. editing; B. proofreading; C. production and reproduction, including stamping and bindery operations; D. design; and E. dissemination, including packing, assembling and shipping operations, of material in a printed or published form. Printed form includes matter in an electronic document format intended to be capable of being printed. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75600XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
264 SILICA EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability Exclusions is amended by the addition of the following new exclusion: Silica Any liability arising, in whole or in part, out of the actual, alleged or threatened: a. respiration or ingestion at any time of; b. presence at any time of; or c. exposure at any time to; Silica. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76490XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
265 UNDERLYING INSURANCE COVERAGE EXTENSION EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed as follows: The section entitled Coverage A Excess Follow Liability Exclusions is amended by the addition of the following new exclusion: any actual or alleged liability, injury or damage, loss, cost or expense for which insurance is afforded under the coverage designated in the Schedule below, including any replacement, renewal, or extension, thereof, or would have been afforded, but for the exhaustion of the limits of liability or cancellation or expiration of such coverage. SCHEDULE Designated Excluded Coverage Underlying Insurance Policy Name, No. and Insurer Name and No. (If applicable) Designated Excluded Coverage Underlying Insurance Name Number All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76491XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
266 COVERAGE TERRITORY AMENDMENT PRODUCTS EXCLUSION This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that solely with respect to Coverage B Umbrella Liability, under DEFINITIONS, the definition of coverage territory is amended to delete paragraph C.1. in its entirety. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76493XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
267 METAL GAS EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Metal Gas any actual or alleged: a. bodily injury, property damage, or personal and advertising injury, which would not have occurred, in whole or in part, but for the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of any metal gas; or b. loss, cost, or expense arising out of any: i. request, demand, order or statutory or regulatory requirement that any Insured or others test for, monitor, clean up, remove, contain, treat, detoxify, neutralize, remediate, or dispose of, or in any way respond to or assess the effects of, metal gas; or ii. claim by or on behalf of a governmental authority for damages because of the 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, metal gas. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage, loss, cost or expense. As used in this endorsement, metal gas means any gas, fumes, vapor or metal by-products or alloys of metal heating, processing, cutting or welding, including, but not limited to, metal oxides, aluminum, arsenic, beryllium, cadmium, chromium, copper, iron, magnesium, manganese, nickel, or zinc. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76502XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
268 COMMUNICABLE DISEASE EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: COMMUNICABLE DISEASE liability arising out of the actual or alleged transmission of a communicable disease, including any actual or alleged negligence or other wrongdoing in the: a. supervising, hiring, employing, training or monitoring of others that may be infected with and spread a communicable disease; b. testing for a communicable disease; c. failure to prevent the spread of the disease; or d. failure to report the disease to authorities. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76503XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
269 ELECTROMAGNETIC AND IONIZING RADIATION EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Electromagnetic and Ionizing Radiation any actual or alleged: a. bodily injury, property damage, or personal and advertising injury arising out of the actual, alleged or threatened emission, seepage, dispersal, release or escape of electromagnetic or ionizing radiation at any time; or b. loss, cost or expense arising out of any: i. request, demand, order or statutory or regulatory requirement that any Insured or others test for, monitor, abate or mitigate, or in any way respond to, or assess the effects of, any electromagnetic or ionizing radiation, or exposure to such radiation; or ii. claim relating to testing for, monitoring, abating or mitigating, or in any way responding to or assessing the effects of, electromagnetic or ionizing radiation. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76504XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
270 SUBSIDENCE EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed as follows: I. Under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Subsidence Any actual or alleged bodily injury, property damage or personal and advertising injury arising out of the subsidence of land. This exclusion applies whether such liability arises solely from subsidence or from subsidence in combination with other causes, whether natural or manmade. II. The following definition is added: Subsidence means earth movement, including but not limited to: A. landslide; B. mudflow; C. earth sinking; D. earth rising; E. collapse or movement of fill; F. improper contraction; G. earth settling, slipping, falling away, caving in, eroding or tilting; H. earthquake; or I. any other movement of land or earth. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76506XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
271 CONSTRUCTION MANAGEMENT ERRORS AND OMISSIONS EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B - Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Construction Management any actual or alleged bodily injury, property damage or personal and advertising injury arising out of: a. the preparing, approving, or failure to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications by any architect, engineer or surveyor performing services on a project on which the Named Insured serves as construction manager; or b. inspection, supervision, quality control, architectural or engineering activities done by or for the Named Insured on a project on which the Named Insured serves as a construction manager. However, this exclusion does not apply to any bodily injury or property damage due to construction or demolition work done by the Named Insured, its employees, or any subcontractor hired by the Named Insured. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76507XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
272 REAL ESTATE PROPERTY MANAGED EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B - Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Damage to Property Real Estate Operations or Management any actual or alleged property damage to property the Named Insured operates or manages or as to which the Named Insured acts as agent for the collection of rents or in any other supervisory capacity. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76509XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
273 ENGINEERS, ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B - Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Architects and Engineers Professional Services any liability of the Insured, or any other person or entity acting on the Insured s behalf, arising out of any actual or alleged rendering of, or failure to render, professional services by an architect, engineer, surveyor, landscape architect, or soil or subsoil analyst. As used in this endorsement, professional services includes, but is not limited to: a. feasibility studies, cost estimates, or soil tests; b. preparing, approving, or failing to prepare or approve, maps, plans, opinions, reports, surveys, change orders, field orders, designs, drawings, shop drawings or specifications; c. supervisory, inspection, architectural or engineering activities; or d. project or construction management services. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76510XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
274 ABSOLUTE ABUSE OR MOLESTATION EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY I. It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B - Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Abuse or Molestation any bodily injury, property damage or personal and advertising injury arising out of any actual, alleged, attempted, proposed or threatened abuse or molestation of any person by anyone. This exclusion applies even if a claim against any Insured alleges negligence or other wrongdoing including but not limited to any: a. improper or negligent hiring, employment, retention or supervision; b. improper or negligent provision or failure to provide security; c. improper warning or failure to warn; or d. misrepresentation. II. The section entitled DEFINITIONS is amended to add the following new definition: Abuse or molestation means any abuse or molestation, whether or not intentional, of any person. Abuse or molestation includes grooming or other acts or omissions in conjunction with, anticipation of, or in preparation for any abuse or molestation. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76511XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
275 FORECLOSED PROPERTY EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Foreclosed Property any actual or alleged bodily injury, property damage or personal and advertising injury, including bodily injury or property damage included in the products-completed operations hazard, arising out of any premises, property, entities, or assets which any Insured has acquired or taken possession of: a. through foreclosure proceedings; b. as mortgagor in possession; c. through deed in lieu of foreclosure; or d. through repossession. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76512XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
276 TRAVEL AGENCY TOURS LIMITATION OF COVERAGE COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that the section of the Policy entitled DEFINITIONS, the definition of coverage territory, is amended by the addition of the following: Paragraph C.2. of the coverage territory definition does not apply with respect to tours the Named Insured conducts. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76513XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
277 PERSONAL AND ADVERTISING INJURY LIABILITY EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions, the exclusion entitled Personal and Advertising Injury is deleted in its entirety and replaced with the following: Personal and Advertising Injury Any actual or alleged personal and advertising injury. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76514XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
278 POLYCHLORINATED BIPHENYLS (PCBs) EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Polychlorinated Biphenyls (PCBs) any actual or alleged: a. bodily injury, property damage or personal and advertising injury arising out of, or caused by, the actual, alleged or threatened exposure at any time to polychlorinated biphenyls (PCBs) or products containing polychlorinated biphenyls (PCBs); b. legal obligation of any Insured for indemnification or contribution due to damages arising out of any bodily injury, property damage or personal and advertising injury caused by polychlorinated biphenyls (PCBs) or products containing polychlorinated biphenyls (PCBs); or c. loss, cost or expense arising out of any: i. request, demand or order or statutory or regulatory requirement that any Insured or others test for, monitor, clean up, remove, abate, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of polychlorinated biphenyls (PCBs) or products containing polychlorinated biphenyls (PCBs); or ii. claim for damages because of testing for, monitoring, cleaning up, removing, abating, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of polychlorinated biphenyls (PCBs) or products containing polychlorinated biphenyls (PCBs). All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76515XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
279 MARITIME EMPLOYERS LIABILITY EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B - Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Maritime Employers Liability any actual or alleged liability sustained by: a. A master or member of the crew of any vessel; or b. Any person in the course of employment subject to the United States Longshoremen s and Harbor Workers Act, U.S. Code 1946, Title 33, Sections , including any addition or amendment thereto. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76516XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
280 DIACETYL, FLAVORINGS, FRAGRANCES AND SPECIFIED SUBSTANCES EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed as follows: I. Under EXCLUSIONS, the section entitled Coverage B - Umbrella Liability Exclusions is amended by the addition of the following new exclusions: Diacetyl and Specified Substances any actual or alleged bodily injury, property damage or personal and advertising injury arising out of the actual, alleged or threatened presence at any time of or exposure at any time to diacetyl, buttery food flavorings, butter starter distillate or any specified substance in any form, whether individually or in conjunction with other substances. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such bodily injury, property damage, or personal and advertising injury. Respiratory Disease From Flavorings or Fragrances any actual or alleged bodily injury or personal and advertising injury that is or results from respiratory disease arising out of the actual, alleged or threatened presence at any time of or exposure at any time to substances added to one or more products to generate or enhance flavor or scent. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such bodily injury or personal and advertising injury. II. As used in this endorsement, specified substance means any of the following: A. Acetaldehyde; B. Acetic acid; C. Acetoin; D. Aliphatic aldehydes; E. Unsaturated aldehydes; F. Diacetyl trimer; G. Sulfite adduct of diacetyl; H. Furfural; I. 2,3-heptanedione; J. 2,3-hexanedione; or K. 2,3-pentanodione. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76517XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
281 PRESSURE TREATED WOOD EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Pressure Treated Wood Any actual or alleged bodily injury, property damage or personal and advertising injury arising out of exposure to chemicals in, on or from pressure treated wood. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76518XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
282 RADIOACTIVE MATTER EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Radioactive Matter a. any actual or alleged bodily injury, property damage or personal and advertising injury arising out of the actual, alleged or threatened exposure at any time to radioactive matter or any form of radiation; or b. any loss, cost or expense arising out of any: i. request, demand, order or statutory or regulatory requirement that any Insured or others test for, monitor, clean up, remove, abate, contain, treat, detoxify or neutralize, or in any way respond to or assess the effects of, radioactive matter or any form of radiation; or ii. claim for damages because of testing for, monitoring, cleaning up, removing, abating, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of, radioactive matter or any form of radiation. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76519XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
283 LEAD EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Lead a. any actual or alleged liability arising out of the exposure to or presence of lead; or b. any loss, cost or expense arising out of any: i. request, demand order or statutory or regulatory requirement that any Insured or others test for, monitor, clean up, remove, abate, contain, treat, detoxify or neutralize, or in any way respond to or assess the effects of, lead; or ii. claim relating to testing for, monitoring, cleaning up, removing, abating, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of, lead. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76520XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
284 EXTERIOR INSULATION AND FINISH SYSTEMS EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed as follows: I. Under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: EXTERIOR INSULATION AND FINISH SYSTEMS Any actual or alleged bodily injury or property damage arising out of, caused by, or attributable to, whether in whole or in part, an exterior 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, caulkings or sealants in connection with such system. II. The following new definition is added: Exterior finish system means a synthetic exterior wall cladding system that is intended to be water tight at the outside surface and designed to consist of: A. a backer board that is attached to any building surface or substrate; B. an integrally reinforced base coat on the face of the backer board; C. a protective finish applied to the surface of the base coat; and D. applicable accessories, flashings, coatings, caulking and sealants that interact to form an energy efficient wall. As used herein, backer board includes but is not limited to insulation board, foam board, cement board, cementitious backer board, plywood, oriented strand board, any gypsum based board, metal sheet, concrete block or concrete. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76521XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
285 DESIGNATED WORK EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: SCHEDULE Description of Your Work any actual or alleged bodily injury or property damage included in the products-completed operations hazard and arising out of your work shown in the Schedule. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76522XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
286 EXCLUSION OF THE FAILURE TO ADEQUATELY PROVIDE SERVICE COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Adequately Provide Service any bodily injury, property damage or personal and advertising injury arising out of the actual or alleged failure to adequately provide any internet access or telecommunication services. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76524XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
287 FAILURE TO SUPPLY EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Failure to Supply any bodily injury, property damage or personal and advertising injury arising out of the actual or alleged failure of any Insured to adequately supply gas, oil, water, electricity, steam or biofuel. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76526XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
288 CONSTRUCTION LOAN EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Construction Loans any actual or alleged bodily injury, property damage or personal and advertising injury arising out of: a. any building: i. which is security for a loan: (a) held by the Insured; or (b) which the Insured or others made in connection with its construction; or ii. for which construction was otherwise financed by the Insured; or b. the Insured s status as a construction lender. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76527XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
289 LIMITATION OF COVERAGE TO DESIGNATED PREMISES OR PROJECT COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY SCHEDULE Premises: Project: It is understood and agreed that under COVERAGES, the section entitled Coverage B Umbrella Liability is amended by the addition of the following: This insurance applies only to bodily injury, property damage and personal and advertising injury arising out of: 1. The ownership, maintenance or use of the premises shown in the Schedule and operations necessary or incidental to those premises; or 2. The project shown in the Schedule. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76528XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
290 AIRCRAFT EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions, the exclusion entitled Aircraft, Auto, Watercraft or Mobile Equipment subparagraph a. is deleted in its entirety and replaced with the following: a. aircraft. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76529XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
291 PROFESSIONAL SERVICES EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Professional Services any bodily injury, property damage or personal and advertising injury arising out of the actual or alleged rendering of, or failure to render, any professional services by the Insured or any other person for whose acts the Insured is legally responsible. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76530XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
292 DESIGNATED ENTITY EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Designated Entity Exclusion any actual or alleged liability arising out of the operations or products of any person or entity listed on the Schedule below: SCHEDULE Excluded Person or Entity All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76531XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
293 DESIGNATED COVERAGE EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY SCHEDULE FORM NUMBER FORM NAME POLICY NUMBER ISSUING COMPANY Number Name Policy Number Issuing Company It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Designated Coverage any actual or alleged bodily injury, property damage or personal and advertising injury for which insurance is afforded under the coverage designated in the Schedule including any: a. replacement; b. renewal; or c. extension thereof, or would have been afforded but for the exhaustion of the limits of liability or cancellation or expiration of such coverage. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76532XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
294 MISDELIVERY OF LIQUID PRODUCTS EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Misdelivery of Liquid Products Any actual or alleged bodily injury, property damage or personal and advertising injury arising out of: a. the delivery of any liquid product into a wrong receptacle or to a wrong address; or b. the erroneous delivery of one liquid product for another by an auto; if such liability occurs after such operations have been completed or abandoned at the site of such delivery. Operations which may require further service, maintenance, correction, repair or replacement because of performance at the wrong address or because of any error, defect or deficiency, but which are otherwise completed, will be deemed completed. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76533XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
295 RESIDENTIAL CONVERSION EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Residential Conversion any actual or alleged bodily injury, property damage or personal and advertising injury arising out of any location that has been or becomes converted, or is in the process of being converted, into individuallyowned real estate, including but not limited to condominiums, townhouses or timeshares, regardless of whether: a. any Insured is or was involved in such conversion; b. any Insured has or had knowledge of such conversion; or c. such conversion occurs before or after any work performed by or on behalf of any Insured or any other persons or entities at such location. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76534XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
296 CONSTRUCTION OPERATIONS OR REAL ESTATE DEVELOPMENT LIMITATION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Construction Operations or Real Estate Development any actual or alleged bodily injury, property damage or personal and advertising injury arising out of construction operations or real estate development. However, this exclusion does not apply to bodily injury, property damage or personal and advertising injury arising out of any non-structural renovations or modifications to the interior portion of any building, property or structure. As used in this endorsement, construction operations or real estate development means any activity related to, regarding, in support of or arising out of the: a. construction, demolition, excavation or remediation of any building, property or structure, or any portion thereof; or b. development of real property, including but not limited to planning, site preparation and surveying. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76535XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
297 DESIGNATED PROFESSIONAL SERVICES EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY SCHEDULE Description of Professional Services It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Designated Professional Services any liability arising out of the actual or alleged rendering of or failure to render any professional service shown in the Schedule above. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76536XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
298 CONSTRUCTION OPERATIONS OR REAL ESTATE DEVELOPMENT EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Construction Operations or Real Estate Development any actual or alleged bodily injury, property damage or personal and advertising injury arising out of construction operations or real estate development. As used in this endorsement, construction operations or real estate development means any activity related to, regarding, in support of or arising out of the: a. construction, demolition, excavation or remediation of any building, property or structure, or any portion thereof; or b. development of real property, including but not limited to planning, site preparation and surveying. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76537XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
299 ELECTRONIC DATA LIABILITY COVERAGE A This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY SCHEDULE Loss of Electronic Data Limit Electronic Data Limit Amount It is understood and agreed as follows: I. Solely with respect the the Insuring Agreement entitled Coverage B Umbrella Liability, the section entitled EXCLUSIONS, subsection entitled Coverage A. Excess Follow Liability and B. Umbrella Liablity Excluisons is amended to delete the exclusion entitled Access to Or Disclosure Of Confidential Or Personal Information And Data-Related Liablity and replace it with the following: any actual or alleged damages arising out of: a. any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or b. the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property; This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in paragraph a. or b. above. However, unless paragraph a. above applies, this exclusion does not apply to liability for bodily injury to the extent such liability is covered by underlying insurance. II. The section entitled Limits of Insurance is amended to add the following: Subject to the applicable Each Incident Limit, the Loss of Electronic Data Limit shown in the Schedule above is the most the Insurer will pay under Coverage A for property damage because of all loss of electronic data arising out of any one occurrence. III. For the purposes of the coverage provided by this endorsement, the definition of property damage in the section entitled Definitions is amended to add the following: Property damage includes loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the incident that caused it. No: CNA76538XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
300 All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76538XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
301 PRINTERS AND PUBLISHERS ERRORS AND OMISSIONS EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Printers Errors and Omissions any bodily injury, property damage or personal and advertising injury arising out of an actual or alleged negligent act, error or omission in the rendering of or failure to render printing, publishing, or graphic arts services. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76539XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
302 SPECIAL EVENTS EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Special Event a. any injury to any person while practicing for, instructing or participating in any physical exercise, game, sport, athletic contest or athletic exhibition; b. any liability arising out of: i. the ownership, maintenance, operation, use or entrustment to others of any: ii. iii. iv. (a) mechanically operated amusement devices; (b) aircraft of any type and similar devices including but not limited to an airplane, balloon, parasail, parachute, hang glider and ultralight; or (c) trampoline or gymnastic rebounding device; animal related activities; firework displays of any kind; inflatable amusement devices of any kind, including but not limited to moonwalks and slides; v. concerts of any kind, including but not limited to rock, rap, hip-hop, jam, techno, or punk; vi. auto, motorcycle or boat races or events; vii. biking events; viii. bungee jumping; ix. construction activities at or associated with special events; x. demonstrations, strikes, protests or rallies; xi. eating or drinking contests; xii. provision or arrangement of transportation for special events, or for the preparations for special events, including any contract to furnish transportation; xiii. rock climbing walls; xiv. traffic control, road closures, route lay-out or planning associated with special events; xv. water related activities; xvi. any run, walk, stair climb, flash mob or similar organized activity or event; or xvii. special events. These exclusions apply regardless of whether the excluded items, activities or events are: (1) sponsored in whole or in part by any Insured; No: CNA76540XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
303 (2) conducted by or on behalf of any Insured; or (3) situated or held on premises owned, occupied or used by any Insured, or on any other premises. Solely with respect to this exclusion, special events means an activity, event, performance, entertainment, fundraiser or exhibition which is: (1) open to the public or to an Insured's membership or invitees whether or not an admission is charged; (2) held for a specified or limited duration or time; and (3) separate and distinct from the Insured's regular, day to day ongoing operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76540XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
304 NANOTECHNOLOGY EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: ENGINEERED NANOPARTICLES a. any liability arising out of the actual, alleged or threatened presence at any time of or exposure at any time to engineered nanoparticles, however caused; b. any loss, cost or expense arising out of any: i. request, demand, order or statutory or regulatory requirement that anyone test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to or assess the effects of engineered nanoparticles; or ii. claim 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 engineered nanoparticles. Solely with respect to this endorsement, the term engineered nanoparticles means particles or materials that are five hundred nanometers or less in size in at least one dimension. Engineered nanoparticles include, but are not limited to: (a) nanotubes, nanowires, nanocrystals, nanoantennas, nanobuds, nanorods, nanoclusters, nanopowders, nanoshells, nanominerals, nanofluids, nano-structured fluids, liposomes, lipoplex systems, microemulsions, micelles, quantum dots, buckyballs, buckminsterfullerenes or fullerenes; and (b) their dendrimeres, polymers, aggregates and agglomerates, in any form, whether solid, fluid, or gaseous. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76541XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
305 SPECIFIC COMMUNICABLE DISEASE EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Specific Communicable Disease liability arising out of the actual or alleged transmission of Chancroid, Chickenpox (Varicella), Chlamydia, Diphtheria, E. Coli 0157:H7, Giardiasis, Gonorrhea, Hepatitis A Virus, Hepatitis B Virus, Hepatitis C Virus, Human Immunodeficiency Virus (HIV) or AIDS, Measles, Meningitis (Bacterial), Meningitis (Viral), Mumps, Pertussis, Polio, Rubella, Salmonellosis, Shigellosis, Syphilis, Tuberculosis, Bovine Spongiform Encephalopathy (BSE), Transmissible Spongiform Encephalopathies (TSEs), Avian Influenza, Swine Influenza, Canine Influenza, Equine Influenza, Influenza and UMB_DiseaseName, including any actual or alleged negligence or other wrongdoing in the: a. supervising, hiring, employing, training or monitoring of others that may be infected with and spread a communicable disease; b. testing for a communicable disease; c. failure to prevent the spread of the disease; or d. failure to report the disease to authorities. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76542XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
306 TELECOMMUNICATION EQUIPMENT OR SERVICE PROVIDERS EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Telecommunication Equipment or Service Providers Any actual or alleged liability arising out of: a. an error, omission, defect or deficiency in any evaluation, consultation or advice given by or on behalf of any Insured concerning telecommunication equipment or services; b. any advice, consultation, evaluation, inspection, supervision, quality control or phone network set-up, including central office cabling, done by a Named Insured or for a Named Insured on a project on which an Named Insured serves as a telecommunication equipment or service provider; or c. the failure of any Insured to adequately provide telecommunication services. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76543XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
307 INTELLECTUAL PROPERTY EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Intellectual Property Any actual or alleged infringement or violation of the following rights or laws: a. patent; b. trade secret or other confidential or proprietary non-personal information; c. trademark, certification mark, service mark, collective mark, trade name, or other designation of origin or authenticity; d. copyright; or e. any other intellectual property right or legally protected expression, including but not limited to another s idea, slogan, trade dress, style of doing business, or unauthorized use of another s name or image, or any other intellectual property law, including but not limited to piracy, unfair competition or other similar practices. This exclusion applies to the entirety of all allegations in any claim if the claim alleges the infringement or violation of any intellectual property right or law identified above, even if this insurance would otherwise apply to other allegations in the claim. However, this exclusion does not apply if the claim s only allegation is copyright or slogan infringement in an advertisement. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76544XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
308 WASTE EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B - Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Waste Any actual or alleged bodily injury, property damage or personal and advertising injury that would not have occurred, in whole or in part, but for: a. the disposal of waste by, on behalf of, or for any Insured; or b. the handling, transportation, treatment or storage of waste disposed of, or in the process of being disposed of, by, on behalf of, or for any Insured. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76546XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
309 WATERCRAFT EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions the exclusion entitled Aircraft, Auto, Watercraft or Mobile Equipment is amended to delete the last paragraph beginning with This exclusion does not apply to:. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76547XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
310 PRODUCTS-COMPLETED OPERATIONS AND LEASED PRODUCTS EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed as follows: I. Under DEFINITIONS, the definition of your product is amended to delete paragraph C. in its entirety and replace it with the following: C. includes goods or products the Named Insured leases or rents to others, other than vending machines or similar property located for the use of others by the Named Insured. II. Under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Products-Completed Operations and Leased Products a. Any actual or alleged bodily injury or property damage included within the products-completed operations hazard; b. Any actual or alleged bodily injury or property damage arising out of your products which are rented or leased to others; c. Any actual or alleged bodily injury or property damage included in the products-completed operations hazard for which the Insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement; or d. Any actual or alleged personal and advertising injury arising out of your product or your work that has been completed or abandoned. Your work will be deemed completed at the earliest of the following times: i. When all of the work called for in the Named Insured s contract has been completed; ii. When all of the work to be done at the job site has been completed if the Named Insured s contract calls for work at more than job one site; or iii. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA 76548XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
311 DESIGNATED ONGOING OPERATIONS EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY SCHEDULE Description of Designated Ongoing Operations: Specified Locations (If Applicable): It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Designated Ongoing Operations Any actual or alleged bodily injury, property damage or personal and advertising injury arising out of the ongoing operations described in the Schedule of this endorsement, regardless of whether such operations are conducted by or on behalf of or for the Named Insured or whether the operations are conducted for the Named Insured or for others. Unless a location is specified in the Schedule or the Declarations, this exclusion applies regardless of where such operations are conducted by, on behalf of, or for the Named Insured. If a specific location is designated in the Schedule of this endorsement, this exclusion applies only to the described ongoing operations conducted at that location. For the purpose of this endorsement, 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. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76549XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
312 FINANCIAL SERVICE COMPANY AS INSURED EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Financial Services Company any actual or alleged liability arising out of: a. the rendering of or the failure to render financial services, including but not limited to the following services: i. planning, administering or advising on: (a) any: (1) Investment, (2) Pension, (3) Annuity, (4) Savings, (5) Checking; or (6) Individual retirement plan, fund or account; (b) the issuance or withdrawal of any bond, debenture, stock or other securities; (c) the trading of securities, commodities or currencies; or (d) any acquisitions or mergers; ii. acting as a dividend disbursing agent, exchange agent, redemption or subscription agent, warrant or scrip agent, fiscal or paying agent, tax withholding agent, escrow agent, clearing agent, or electronic funds transfer agent; iii. lending, or arranging for the lending of, money, including credit card, debit card, leasing or mortgage operations or activities or interbank transfers; iv. repossessing of real or personal property from a borrower or acting as an assignee for the benefit of creditors; v. checking or reporting of credit; vi. maintaining of financial accounts or records; vii. tax planning, tax advising or the preparation of tax returns; viii. selling or issuing travelers checks, letters of credit, certified checks, bank checks or money orders; or ix. advising, inspecting, reporting or making recommendations in the Insured s capacity as an insurance company, consultant, broker, agent or representative thereof. b. the rendering or failure to render insurance company services, including but not limited to the following services: No: CNA76551XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
313 i. effecting or failing to effect, or any obligations assumed under a contract of insurance, reinsurance, suretyship, annuity or endowment; ii. Obligations as a member of, or contributor to, any insolvency or guaranty fund or similar organizations or associations; iii. Investigating, defending or settling any claim; iv. Auditing or maintenance of accounts or records of others; v. Providing safety, engineering, loss or risk control or inspection services; vi. Investing, lending or similar activities; vii. Fiduciary, trustee or similar activities. c. the ownership, maintenance or use, including all related operations, of any property for which the Insured is acting in a fiduciary or representative capacity. d. The rendering of or failure to render the following services: claim, investigation, adjustment, engineering, inspection, appraisal, survey, or audit services. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76551XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
314 TEXAS EMPLOYERS LIABILITY RETAINED AMOUNT COVERAGE B This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY RETENTION SCHEDULE Death by Accident: Death by Disease: Death By Accident Amount Each Accident Death By Disease Amount Each Employee It is understood and agreed that the Policy is amended as follows: I. Solely with respect to the death of a Texas nonsubscriber employee, under COVERAGES, the Section entitled Coverage B Umbrella Liability is deleted in its entirety and replaced with the following new coverage: B. Coverage B Umbrella Liability II. The Insurer will pay on behalf of the Named Insured those damages in excess of the retained amount that the Named Insured becomes legally obligated to pay because of the death of a Texas nonsubscriber employee to which this insurance applies. The damages the Insurer will pay, where recovery is permitted by law, include damages: 1. for which the Named Insured is liable to a third party by reason of a claim or suit against the Named Insured by such third party to recover the damages claimed against such third party as a result of the death of such Texas nonsubscriber employee; 2. for care and loss of services; 3. because of the death of such Texas nonsubscriber employee that arises out of and in the course of such employment, but is claimed against the Named Insured in a capacity other than as employer. Provided, however, that this insurance applies only if: a. such death resulted from the Named Insured s gross negligence and was caused by: i. an occurrence that takes place during the policy period; or ii. a disease which was caused or aggravated by the conditions of the Texas nonsubscriber employee s employment. Such Texas nonsubscriber employee s last day of last exposure to the conditions causing or aggravating such death by disease must occur during the policy period; and b. the original suit, if the Named Insured is sued, and any related legal actions for damages for death by accident or disease, is brought in the United States of America, its territories or possessions, or Canada. Solely with respect to the coverage provided by this endorsement, DEFENSE COSTS PAYMENT AND RELATED DUTIES is deleted in its entirety and replaced by the following: No: CNA76583XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
315 NO DUTY TO DEFEND The Insurer shall have no duty to investigate, handle, settle, or defend any claim, suit, or proceeding against the Named Insured. However, the Insurer has the right and shall be given the opportunity by the Named Insured to associate with the Named Insured in the investigation, settlement or defense of any claim, suit or proceeding which might involve a loss to the Insurer. If the Insurer exercises such right, the Insurer will do so at its own expense, and the Named Insured shall promptly cooperate with the Insurer in all aspects of investigation, settlement and defense. The Named Insured must obtain the Insurer s written consent to settle any claim for an amount larger than the applicable retained amount; such consent will not be unreasonably withheld. Defense costs incurred by anyone do not count toward nor erode the applicable retained amount. III. Solely with respect to the coverage provided by this endorsement, under EXCLUSIONS, Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions, the exclusion entitled Workers Compensation and Similar Laws/Nonsubscriber Status is deleted in its entirety and replaced by the following: Workers Compensation and Similar Laws IV. any actual or alleged obligation of any Insured under a workers compensation, disability benefits or unemployment compensation law or any similar law. Solely with respect to the coverage provided by this endorsement, under EXCLUSIONS, Coverage B Umbrella Liability Exclusions, the exclusions entitled Employee Injury and Expected or Intended Injury are deleted in their entirety and replaced by the following: Employee Injury any actual or alleged bodily injury or personal and advertising injury to: a. an employee arising out of and in the course of employment by the Insured or performing duties related to the conduct of the Insured s business; or b. the spouse, child, parent, brother or sister of that employee as a consequence of a. above. This exclusion applies: i. whether an Insured may be liable as an employer or in any other capacity; and ii. to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to: (a) liability assumed by the Insured under an insured contract; or (b) to death suffered by a Texas nonsubscriber employee if such death is otherwise covered by this Policy. Expected or Intended injury any actual or alleged bodily injury or property damage arising out of an act or omission: a. intended by an Insured; or b. that would be expected from the standpoint of a reasonable person in the circumstances of the Insured; to cause bodily injury or property damage, even if the actual bodily injury or property damage is of a different degree or type than intended or expected. No: CNA76583XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
316 V. Solely with respect to the coverage provided by this endorsement, under EXCLUSIONS, Coverage B Umbrella Liability Exclusions, the following exclusions are added: Class Action Claims VI. any class action claims or suits, whether or not the class or class action has been certified. For the purpose of this exclusion, a class action is a claim, suit, arbitration, or administrative or regulatory proceeding brought by or on behalf of a group of persons who assert they are similarly situated, or by an individual who asserts to represent such a class. Fines and Penalties fines or penalties imposed for violation of federal or state law. Solely with respect to the coverage provided by this endorsement, under LIMITS OF INSURANCE: A. The Retention Schedule set forth above in this endorsement is incorporated. B. The Section entitled Each Incident is deleted in its entirety and replaced with the following: Each Incident Subject to paragraphs B., C. and D. above, the limit of insurance shown in the Declarations of this Policy as the Each Incident limit is the most the Insurer will pay for the sum of all damages arising out of any one incident under this Policy. Such limit applies excess of the retained amount, as follows: 1. for one or more Texas nonsubscriber employees who suffer death in any one accident, the Named Insured will retain the amount of loss shown in the Retention Schedule for Death By Accident; 2. for each Texas nonsubscriber employee who suffers death by disease, the Named Insured will retain the amount of loss shown in the Retention Schedule for Death By Disease; 3. the retained amount does not include, and is not satisfied in whole or in part, by defense costs, nor by benefits or damages that would be excluded by this Policy if they exceeded the retained amount; 4. the retained amount does not include, and is not satisfied in whole or in part by payments made by Disability Insurance, Health Insurance or other insurance, except to the extent such payments are applied to reduce the amount the Named Insured owes for damages that are also covered by this Policy; 5. the retained amount can be satisfied in whole or in part by payments made by underlying insurance to reduce the amount the Named Insured owes for damages that are also covered by this Policy; 6. if the Retention Schedule of this endorsement is left blank, then the following default values apply in place of any missing values: a retained amount of $2,000,000 for Death By Accident and a retained amount of $2,000,000 for Death By Disease. C. The Section entitled Defense Costs is deleted in its entirety. VII. Solely with respect to the coverage provided by this endorsement, under DEFINITIONS, the following definitions are added: Gross negligence means an act or omission: A. which when viewed objectively from the standpoint of the actor at the time of its occurrence involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others; and B. where the actor has actual, subjective awareness of the risk involved, but nevertheless proceeds with conscious indifference to the rights, safety or welfare of others. No: CNA76583XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
317 Texas nonsubscriber means any Named Insured that has an active statement of nonsubscription on file with the Division of Workers Compensation at the Texas Department of Insurance indicating that the Named Insured has chosen not to participate in the Workers Compensation system in accordance with the Texas Workmen s Compensation Act of 1913, including any amendments or additions thereto. Texas nonsubscriber employee means an employee of the Texas nonsubscriber, provided that: A. such employee was normally located and employed in the state of Texas; B. such employee s employment was necessary or incidental to the Texas nonsubscriber s work in the state of Texas; and C. such employee s death arose out of and in the course of such employment by the Texas nonsubscriber and resulted from the Texas nonsubscriber s gross negligence. VIII. Solely with respect to the coverage provided by this endorsement, under DEFINITIONS, the definitions of employee and retained amount are deleted in their entirety and replaced by the following: Employee does not include leased workers or employees loaned to the Insured. Temporary workers are not employees. Retained amount means the greater of: A. the total applicable limits of underlying insurance and any other insurance available to the Insured; or B. the amount listed in the above Retention Schedule of this endorsement. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76583XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
318 EXHAUSTION OF UNDERLYING LIMITS This endorsement modifies insurance provided under: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that the section entitled COVERAGES, the sub section entitled Coverage A Excess Follow Liability, the first paragraph is deleted and replaced by the following: The Insurer will pay on behalf of the Insured those damages in excess of the applicable underlying limits. Coverage hereunder will attach only after the full amount of the applicable underlying limits have been exhausted through payment in legal currency by: 1. the underlying insurer; or 2. the Named Insured, of covered loss under all applicable underlying insurance and to which this Coverage A applies. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76609XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
319 CONTRACTORS LIMITATION EXCESS AND UMBRELLA LIABILITY This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed as follows: I. Under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability and Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion: Architects and Engineers Professional Services any liability of the Insured, or any other person or entity acting on the Insured s behalf, arising out of any actual or alleged rendering of, or failure to render, professional services by an architect, engineer, surveyor, landscape architect, or soil or subsoil analyst. As used in this endorsement, professional services includes, but is not limited to: a. feasibility studies, cost estimates, or soil tests; b. preparing, approving, or failing to prepare or approve, maps, plans, opinions, reports, surveys, change orders, field orders, designs, drawings, shop drawings or specifications; c. supervisory, inspection, architectural or engineering activities; or d. project or construction management services. II. Under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusions: Explosion / Collapse / Underground (xcu) any actual or alleged property damage arising out of the explosion hazard, the collapse hazard, or the underground property damage hazard. Exterior Insulation And Finish Systems (EIFS) any actual or alleged liability arising out of, caused by, or attributable to, whether in whole or in part, an exterior 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 system. Subsidence any actual or alleged liability arising out of the subsidence of land. This exclusion applies whether such liability arises solely from subsidence or from subsidence in combination with other causes, whether natural or manmade. Torch Applied Roofing any actual or alleged liability arising out of torch work performed by or on behalf of any Insured or any other person. Wrap-Ups any actual or alleged liability arising out of any operation, performed by or on behalf of any Insured, which is or was insured under a consolidated (wrap-up) insurance program. No: CNA75575XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
320 Your Work on Residential Structures any actual or alleged liability arising out of your work on any residential structure. III. Under DEFINITIONS, the following definitions are added: Collapse hazard includes structural property damage and any resulting property damage to any other property at any time. Consolidated (wrap-up) insurance program means a construction, erection, or demolition project for which the prime contractor/project manager or owner of the project has secured liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). Explosion hazard includes property 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. Exterior finish system means an exterior wall cladding system consisting of an insulation material attached to a substrate, a base coat on the surface of the insulation material, and a protective finish applied to the base coat, and any accessories thereto, including but not limited to conditioners, primers, accessories, flashings, coatings, caulking or sealants. Residential structure means a structure where 30% or more of the square footage area is used or intended to be used for human habitation. Structural property damage means the collapse of or structural injury to any building or structure due to: A. grading of land, excavating, borrowing, filling, back-filling, tunneling, pile driving, cofferdam work or caisson work; or B. moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support of that building or structure. Subsidence means earth movement, including but not limited to: A. landslide; B. mudflow; C. earth sinking; D. earth rising; E. collapse or movement of fill; F. earth settling, slipping, falling away, caving in, eroding or tilting; G. earthquake; or H. any other movement of land or earth. Torch work means roofing operations utilizing open flame, and fire follows as a consequence or result. Underground property damage means property damage to wires, conduits, pipes, mains, sewers, tanks, tunnels, any similar property, and any apparatus used with them beneath the surface of the ground or water, caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, excavating, drilling, borrowing, filling, back-filling or pile driving. Underground property damage hazard includes underground property damage and any resulting property damage to any other property at any time. No: CNA75575XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
321 All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75575XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
322 POLICY DECLARATIONS Named Insured and Mailing Address Named Insured: Mailing Address: Policy Information Policy Number: Renewal of: Insurer s Name and Address: Producer Information Producer: Producer code: Policy Period MM/DD/YYYY to MM/DD/YYYY at 12:01 a.m. Standard Time at your mailing address shown above. Retroactive Date MM/DD/YYYY Limits of Insurance Each Incident Limit Aggregate Limit Aggregate Products-Completed Operations Hazard Limit Policy Aggregate Limit Crisis Management Expenses Aggregate Limit Key Employee Replacement Expenses Aggregate Limit Self-Insured Retention Self-Insured Retention No: CNA75501XX ( ) [FORMTYPE] ; Page: a of b
323 Schedule of Underlying Insurance Underlying Insurer Policy Number Policy Period Note: Underlying Insurance Coverages Limits of Insurance Schedule of s and s Number Title Premium Minimum Earned Premium Total Premium Premium includes the following amount for Certified Acts of Terrorism Coverage << surcharge text appears here if applicable >> Notices Notice to Insurer Address: Fax #: Address: No: CNA75501XX ( ) [FORMTYPE] ; Page: a of b
324 AMENDMENT OF POLICY DECLARATIONS In consideration of the premium paid for this Policy, it is agreed that the POLICY DECLARATIONS are amended as follows: Item DeletedDeclarationItem is deleted in its entirety and replaced with the following: ReplacementDeclarationItem All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA62649XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
325 AMENDMENT OF SCHEDULE ON SPECIFIED SCHEDULE Specified s Name Specified Number Number UMB_EndtNbr UMB_SpecEndtName UMB_SpecEndtNbr In consideration of the premium paid for this Policy, it is agreed that the endorsements specified above are amended as follows: A. The following entries are added to the Schedules set forth in the above specified s: UMB_AddedEntries B. The following entries are deleted from the Schedules set forth the above specified s: UMB_DeletedEntries C. The entries in the Schedules set forth in the specified s are modified as follows: UMB_ModifiedEntries All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA62656XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
326 <<Product Name>> << Type>> AMENDMENT OF FORMS AND S SCHEDULE ADDITION OR DELETION OF S It is understood and agreed as follows: I. ADDITION OF FORMS OR S The s and s Schedule is amended to add the following forms or endorsements effective as of the date set forth in such form or endorsement Number or Name Number Edition Date UE_AddEndtNbr UE_AddEndtName UE_AddEndtNbr UE_AddEndtEditionDt II. DELETION OF FORMS OR S The s and s Schedule is amended to delete the following forms or endorsements effective as of the deletion date indicated below. Number or Name Number Edition Date Deletion Date UE_DeleteEnd tnbr UE_DeleteEndtName UE_DeleteEndtN br UE_DeleteEndt EditionDt UE_DeleteEndtDel etiondt The net premium change, if any, for the above endorsements in Sections I. and II. is: $UE_NetPremChangeAmt Surcharge Taxes and Fees changes are: UE_SurchTaxFeesText Total change is: $UE_SurchTaxFeesAmt $ $ $ $UE_TotalChangeAmt All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the Policy Effective date of said Policy at the hour stated in said Policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said Policy. No: CNA62673XX ( ) Effective Date: FEFFDATE No: [EPPENDTNUM] ; Page: a of b Underwriting Company: KNAME, K1ADDR K2ADDR, KCITY, KSTATE KZIP Policy No: FPOLSYM FPOLNUM Policy Effective Date: GTEFFDAT
327 AMENDMENT TO POLICY DECLARATIONS NAMED INSURED It is understood and agreed as follows: The Policy Declarations is amended as follows: A. Addition of Named Insureds: The following are added as Named Insureds: Name and Address of Named Insured ADC_AddedNamedInsuredAndAddress B. Deletion of Named Insured: The following are deleted as Named Insureds: Name and Address of Named Insured ADC_DeletedNamedInsuredAndAddress All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA62700XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
328 DECLARATIONS AMENDATORY It is understood and agreed that the Declarations is amended as follows: The following new item is added to the Declarations: NewDeclarationItem The item on the Declarations entitled DeletedDeclarationItem is deleted in its entirety and replaced by the following: ReplacementDeclarationItem The item on the Declarations entitled DeletedDeclarationItem is deleted in its entirety. ReplacementDeclarationItem All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA71928XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
329 CANCELLATION AND NON-RENEWAL DISTRICT OF COLUMBIA Wherever used in this endorsement: 1) Insurer means we, us, our or the Company as those terms may be defined in the policy; and 2) Named Insured means the first person or entity named on the declarations page; and 3) Insureds means all persons or entities afforded coverage under the policy. Any cancellation, non-renewal or termination provisions in the policy are deleted in their entirety and replaced with the following: CANCELLATION AND NON-RENEWAL I. CANCELLATION A. The Named Insured may cancel the policy at any time. To do so, the Named Insured must return the policy to the Insurer or any of its authorized representatives, indicating the effective date of cancellation; or provide a written notice to the Insurer, stating when the cancellation is to be effective. B. If the policy has been in effect for thirty (30) days or less and is not a renewal the Insurer may cancel the policy for any reason by mailing or delivering written notice to the Named Insured, at the last mailing address known to the Insurer, at least thirty (30) days prior to the proposed date of cancellation. C. If the policy has been in effect for more than thirty (30) days or if it is a renewal, the Insurer may not cancel the policy unless such cancellation is based on one or more of the following reasons: 1. The Named Insured has refused or failed to pay a premium due under the terms of the policy; 2. The Named Insured or Insured(s) has made a material and willful misstatement or omission of fact to the Insurer or its employees, agents or brokers in connection with any application to or claim against the Insurer; or 3. The property or other interest of the Named Insured or Insured(s) has been transferred to a person other than the Named Insured, Insured(s) or beneficiary, unless the transfer is permissible under the terms of the policy; or the property, interest or use thereof shall have materially changed with respect to its insurability. The Insurer will mail or deliver written notice to the Named Insured, at the last mailing address known to the Insurer, at least sixty (60) days prior to the proposed date of cancellation. D. The notice will state the actual reason for the cancellation. E. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. F. If notice is mailed, proof of mailing will be sufficient proof of notice. II. PREMIUM REFUND If this policy is cancelled, the Insurer will send the Named Insured any premium refund due. If the Insurer cancels the refund will be pro rata. If the Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if the Insurer has not made or offered a refund. III. NON-RENEWAL A. The Insurer can non-renew the policy by mailing or delivering written notice to the Named Insured, at the last mailing address known to the Insurer, at least thirty (30) days prior to the end of the policy period. No: CNA62814DC ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
330 B. The notice of non-renewal will state the actual reason for non-renewal. C. If notice is mailed, proof of mailing will be sufficient proof of notice. IV. ADDITIONAL REQUIREMENTS A. At least five (5) days before sending the notice of cancellation or non-renewal to the Named Insured the Insurer will notify the insurance agent or broker who wrote the policy being canceled or non-renewed. B. The notice of cancellation or non-renewal will be mailed or delivered to the Named Insured, at the last mailing address known to the Insurer. The envelope containing the notice of cancellation or nonrenewal shall be labeled Important Insurance Notice in at least eighteen (18) point or larger type. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA62814DC ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
331 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Supporting Document Schedules Bypassed - Item: Readability Certificate Bypass Reason: N/A Attachment(s): Item Status: APPROVED Status Date: 06/30/2015 Bypassed - Item: Consulting Authorization Bypass Reason: N/A Attachment(s): Item Status: APPROVED Status Date: 06/30/2015 Bypassed - Item: Copy of Trust Agreement Bypass Reason: N/A Attachment(s): Item Status: APPROVED Status Date: 06/30/2015 Bypassed - Item: Expedited SERFF Filing Transmittal Bypass Reason: N/A Attachment(s): Item Status: APPROVED Status Date: 06/30/2015 Satisfied - Item: s Filing Memorandum & s List Comments: Attachment(s): F (Paramount Umbrella FORMS Filing Explanatory Memo) (2).pdf DC F (s Filing Memo) pdf Item Status: APPROVED Status Date: 06/30/2015 PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
332 The Continental Insurance Company Filing Number: F CNA Paramount Umbrella Filing Explanatory Memorandum The Continental Insurance Company files to introduce the attached new forms for CNA s Paramount Umbrella Program. CNA Paramount Umbrella is a monoline umbrella program that consists of three separate policy form options and applicable endorsements: CNA Paramount Umbrella, CNA Paramount Excess, and CNA Paramount Umbrella and Excess. Please refer to the attached forms filing memorandum for further details regarding the forms included in this filing. Please be advised that also listed on the attached forms filing memorandum are any previously approved Paramount forms or endorsements that are used in conjunction with the forms under this Paramount Umbrella filing. We propose that this filing be approved for new policies with a written date on or after November 1, 2015.
333 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX CNA PARAMOUNT UMBRELLA LIABILITY POLICY CNA XX CNA PARAMOUNT EXCESS LIABILITY POLICY CNA XX CNA PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY CNA XX CNA PARAMOUNT EXCESS AND UMBRELLA LIABILITY DECLARATIONS This policy provides umbrella liability coverage. This Policy provides excess liability coverage pursuant to its terms and conditions. This Policy provides excess and umbrella liability coverage. This Declarations page is attached to all policies to indicate policy level information. Mandatory Mandatory Mandatory Mandatory Policy Policy Policy Declarations CNA XX CNA PARAMOUNT EXCESS LIABILITY DECLARATIONS CNA XX AMENDMENT OF POLICY DECLARATIONS CNA XX AMENDMENT OF SCHEDULE ON SPECIFIED CNA XX AMENDMENT OF FORMS AND S SCHEDULE ADDITION OR DELETION OF S Mandatory This Declarations page is attached to all policies to indicate policy level information. Documents revisions to policy declarations. PLEASE NOTE THAT THIS FORM IS ALREADY ON FILE WITH YOUR DEPARTMENT AND APPROVED FOR USE WITH THE PARAMOUNT PROGRAM UNDER CNA FILING F. Documents revisions to the Schedule of s attached to the policy. PLEASE NOTE THAT THIS FORM IS ALREADY ON FILE WITH YOUR DEPARTMENT AND APPROVED FOR USE WITH THE PARAMOUNT PROGRAM UNDER CNA FILING F. Documents additions or deletions of forms to the Schedule of s and s. PLEASE NOTE THAT THIS FORM IS ALREADY ON FILE WITH YOUR DEPARTMENT AND APPROVED FOR USE WITH THE PARAMOUNT PROGRAM UNDER CNA FILING F. Declarations F DISTRICT OF COLUMBIA 1
334 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX AMENDMENT TO POLICY DECLARATIONS NAMED INSURED CNA XX DECLARATIONS AMENDMENT CNA XX AMENDMENT TO DEFINITION OF PERSONAL AND ADVERTISING INJURY DELETION OF PARAGRAPH E CNA XX MARITIME EMPLOYERS LIABILITY EXCLUSION This endorsement amends the Policy Declarations to add or delete a Named Insured. PLEASE NOTE THAT THIS FORM IS ALREADY ON FILE WITH YOUR DEPARTMENT AND APPROVED FOR USE WITH THE PARAMOUNT PROGRAM UNDER CNA FILING F. This is a declarations amendment form used to make corrections on the Declarations Page. This endorsement amends the definition of personal and adverting injury. This endorsement excludes coverage for any master or member of the crew of any vessel. In addition this exclusion excludes coverage for any person subject to the Longshoreman's and Harbors Workers Act. CNA XX AFFILIATED CHAPTER ACTIVITIES EXCLUSION CNA XX NUMBER OF DAYS NOTICE OF CANCELLATION This endorsement excludes coverage for any liability arising out of or in connection with any chapter or club associated with any Insured. This applies to all Policy forms and increases the number of days required for written notice of cancellation to the first Named Insured to a variable number of days before the effective date of cancellation, for any statutorily reason other than nonpayment of premium F DISTRICT OF COLUMBIA 2
335 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX NUMBER OF DAYS NOTICE OF NONRENEWAL CNA XX POLYCHLORINATED BIPHENYLS PCBs EXCLUSION CNA XX METAL GAS EXCLUSION This applies to all Policy forms and increases the number of days required for notice of non renewal to a variable number of days after the Insurer mails or delivers notice to the first Named Insured. This endorsement adds an exclusion for injury, damage, legal obligation or loss arising out of PCBs. This endorsement adds an exclusion for liability which would not have occurred but for exposure to metal gas or loss, cost, expense or damages arising out of clean up or testing for metal gas. CNA XX PROFESSIONAL SERVICES EXCLUSION This endorsement adds an exclusion for liability arising out of rendering of or failure to render professional services. CNA XX PUNITIVE DAMAGES EXCLUSION CNA XX NOTICE OF CANCELLATION OR MATERIAL CHANGE GOVERNMENT INSTALLATION This endorsement adds an exclusion for punitive damages. This applies to all Policy forms and requires that in the event of cancellation or other material change that reduces or restricts the insurance afforded by the Policy, the Insurer is to send prior written Notice of Cancellation or Material Change to the Contracting Officer scheduled in the in compliance with insurance requirements specified in the. CNA XX ELECTROMAGNETIC AND IONIZING RADIATION EXCLUSION This endorsement adds an exclusion for liability or loss, cost or expense arising out of the release of electromagnetic or ionizing radiation F DISTRICT OF COLUMBIA 3
336 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX TOBACCO PRODUCTS EXCLUSION This endorsement adds an exclusion for liability arising out of tobacco products. CNA XX CHANGES NOTICE OF CANCELLATION This applies to all Policy forms and specifies that in the event of a cancellation of coverage during the policy period for a reason other than nonpayment of premium, the Insurer agrees to mail prior written notice to a party scheduled in the with a variable number of days advanced notice. CNA XX AIRCRAFT PRODUCTS HAZARD AND AIRCRAFT GROUNDING HAZARD EXCLUSION CNA XX OCCUPATIONAL ENVIRONMENTAL DISEASE EXCLUSION This endorsement excludes coverage any actual or alleged aircraft products hazard or aircraft grounding hazard as defined by the policy. This endorsement adds an exclusion for liability arising out of occupational and environmental diseases arising out of the Named Insured's operations or products CNA XX FAILURE TO SUPPLY EXCLUSION This endorsement adds an exclusion for liability of Insured to adequately supply gas, oil, water, electricity, steam or biofuel. CNA XX HUMAN CLINICAL TRIALS EXCLUSION CNA XX ABSOLUTE ABUSE OR MOLESTATION EXCLUSION This endorsement adds an exclusion for liability arising out of human clinical trials. This endorsement excludes all coverage for any actual, alleged or threatened abuse or molestation of any person by any person. Abuse or Molestation is defined by the endorsement. CNA XX TECHNOLOGY SERVICES EXCLUSION This endorsement adds an exclusion for liability arising out of rendering of technology services F DISTRICT OF COLUMBIA 4
337 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX EXCLUSION OF THE FAILURE TO ADEQUATELY PROVIDE SERVICE CNA XX RESPIRABLE DUST EXCLUSION This endorsement adds an exclusion for liability arising out of a failure to adequately provide internet access or telecommunication services. Excludes coverage for liability arising out of the respiration of, ingestion of, presence of or exposure to respirable dust. CNA XX FINANCIAL SERVICE COMPANY AS INSURED EXCLUSION CNA XX DESIGNATED PROFESSIONAL SERVICES EXCLUSION CNA XX ENGINEERS ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY EXCLUSION CNA XX SUBSIDENCE EXCLUSION CNA XX SPECIAL EVENTS EXCLUSION CNA XX LEAD EXCLUSION This endorsement excludes all coverage arising out of the performance of financial services. This endorsement adds an exclusion for liability arising out of rendering of professional services described in the Schedule of the endorsement. This endorsement adds an exclusion under Umbrella Liability for any liability of Insured arising out of professional services by an architect, engineer, surveyor, landscape architect or soil or subsoil analyst. Excludes coverage for liability arising out of the subsidence of land. (Coverage B is CNA76506XX) This endorsement adds an exclusion for liability based on special events. Excludes coverage for liability arising out of lead. (Coverage B is CNA76520XX) CNA XX TORCH WORK EXCUSION This endorsement excludes coverage for all actual or alleged liability arising out of torch work as defined by the endorsement F DISTRICT OF COLUMBIA 5
338 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX DIAGNOSTIC TESTING LABORATORIES EXCLUSION CNA XX MEDICAL MALPRACTICE PROFESSIONAL LIABILITY THERAPEUTIC OR COSMETIC SERVICES EXCLUSION CNA XX TESTING OR CONSULTING ERRORS AND OMISSIONS EXCLUSION CNA XX DESIGNATED COVERAGE EXCLUSION This endorsement excludes coverage for liability arising out of medical or diagnostic testing and the reporting of or reliance upon the results of such medical or diagnostic testing. This endorsement excludes coverage for liability arising out of the rendering or failure to render medical and related services, treatments, advice, or instructions; therapeutic or cosmetic services; the furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances; and the handling or treatment of dead bodies including autopsies, organ donation and other procedures. This endorsement excludes coverage for liability arising out of testing or consulting errors and omissions. This endorsement excludes coverage for all actual or alleged liability arising out of the coverage designated on the Schedule CNA XX ADDITIONAL EXCLUSIONS ASSOCIATIONS CNA XX SEEDMENS ERRORS AND OMISSIONS EXCLUSION CNA XX RADIOACTIVE MATTER EXCLUSION This endorsement adds exclusions for liability arising out of acts, errors or omissions in standards or protocols; testing and certification; governing conduct; sponsorship of others' services; and professional services. This endorsement excludes coverage for all actual or alleged liability arising out of the erroneous, delivery of seed, an error in mechanical mixture of seed or the failure of seed to germinate. Excludes coverage for liability arising out of radiation. (Coverage B is CNA76519XX) F DISTRICT OF COLUMBIA 6
339 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX PRESSURE TREATED WOOD EXCLUSION CNA XX DESIGNATED PERSON OR ENTITY EXCLUSION Excludes coverage for liability arising out of pressure treated wood. (Coverage B is CNA76518XX) This endorsement excludes all coverage for any actual or alleged liability arising out of the operations or products of any person or entity listed on the Schedule. CNA XX DIACETYL FLAVORINGS FRAGRANCES AND SPECIFIED SUBSTANCES EXCLUSION CNA XX EXTERIOR INSULATION AND FINISH SYSTEMS EXCLUSION CNA XX NANOPARTICLES EXCLUSION CNA XX GENETICALLY MODIFIED ORGANISM EXCLUSION CNA XX COMMUNICABLE DISEASE EXCLUSION Excludes coverage for liability arising out of exposure to diacetyl and several related compounds. (Coverage B is CNA XX) Excludes coverage for liability arising out of the presence of EIFS. (Coverage B is CNA76521XX) This endorsement excludes coverage for liability arising out of the presence of engineered nanoparticles This endorsement excludes coverage for liability arising out of genetically modified organisms. This endorsement excludes coverage for liability arising out of the actual or alleged transmission of a communicable disease. CNA XX SPECIFIC COMMUNICABLE DISEASE EXCLUSION This endorsement excludes coverage for liability arising out of the actual or alleged transmission of specific communicable diseases F DISTRICT OF COLUMBIA 7
340 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX DESIGNATED WORK EXCLUSION This adds an Exclusion precluding coverage for bodily injury and property damages included in the productscompleted operations hazard arising out of work scheduled in the under the Excess and Umbrella Policy and Umbrella Policy, and adds an Exclusion precluding coverage for liability arising out of work scheduled in the under the Excess Policy. CNA XX BATCH Provides that all claims for bodily injury or property damage that arise from the same defect relating to one batch of the Named Insured's products shall be considered to arise out of the same incident. CNA XX PRODUCTS COMPLETED OPERATIONS LIABILITY LIMITATION Excludes coverage for liability included within the products completed operations hazard unless such coverage was provided by underlying insurance. CNA XX TORCH WORK LIMITATION CNA XX PERSONAL AND ADVERTISING INJURY LIABILITY EXCLUSION CNA XX PRODUCTS COMPLETED OPERATIONS AND LEASED PRODUCTS EXCLUSION Excludes coverage for liability arising out of torch work unless such coverage was provided by underlying insurance. Excludes coverage for personal and advertising injury. (Coverage B is CNA76514XX) Excludes coverage for liability included within the products completed operations hazard or arising out of the Named Insured's products which have been leased to others F DISTRICT OF COLUMBIA 8
341 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX BROAD KNOWLEDGE OF OCCURRENCE This endorsement amends the insured's duties regarding notice of claims in a crisis management event or covered accident CNA XX AUTOMOBILE LIABILITY DEALERS EXCLUSION The endorsement excludes all coverage arising out of any actual or alleged ownership, maintenance, operation or use of any auto leased or rented to others by the Named Insured. This endorsement excludes all coverage for the activities enumerated in the exclusion. CNA XX CONSTRUCTION MANAGEMENT ERRORS AND OMISSIONS EXCLUSION This endorsement excludes all coverage for any actual or alleged liability arising out of the creation of maps, drawing, reports or surveys by an architect, engineer or surveyor for any project in which the Insured serves as construction manager. In addition, this endorsement excludes any actual or alleged liability arising out of any inspection or architectural services for any project in which the Insured serves as a construction manager. CNA XX DRUGGISTS PRODUCTS AND This endorsement excludes coverage for PROFESSIONAL SERVICES EXCLUSION liability arising out of Druggists products and professional services. CNA XX HEALTH OR EXERCISE CLUB This endorsement excludes coverage for PROFESSIONAL LIABILITY EXCLUSION liability arising out of a health or exercise club service. CNA XX PRODUCTS AND PROFESSIONAL SERVICES EXCLUSION OPTICAL AND HEARING AID ESTABLISHMENTS This endorsement adds exclusion for liability arising out of rendering of professional healthcare services and liability included within productscompleted operations hazard F DISTRICT OF COLUMBIA 9
342 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX MISDELIVERY OF LIQUID PRODUCTS EXCLUSION CNA XX PRINTERS AND PUBLISHERS ERRORS AND OMISSIONS EXCLUSION CNA XX AIRCRAFT EXCLUSION Excludes coverage for liability arising out of the incorrect delivery of a liquid product if such liability occurs after such operations have been completed. [COVERAGE B VERSION IS AT 76533] This endorsement excludes coverage for liability arising out of printing, publishing and graphic arts services error and omissions. This endorsement excludes all coverage for any actual or alleged liability arising out of the ownership, maintenance or operation of any aircraft. CNA XX WATERCRAFT EXCLUSION CNA XX CONSTRUCTION OPERATIONS OR REAL ESTATE DEVELOPMENT EXCLUSION CNA XX RESIDENTIAL CONVERSION EXCLUSION This endorsement excludes all coverage for any actual or alleged liability arising out of the ownership, maintenance or operation of any watercraft. This endorsement adds an exclusion under Umbrella liability for liability arising out of construction operations or real estate development. This endorsement adds an Umbrella liability exclusion for bodily injury, property damage or personal and advertising injury arising out of any location converted into individually owned real estate, including condominiums. CNA XX CONSTRUCTION OPERATIONS OR REAL ESTATE DEVELOPMENT LIMITATION This endorsement adds an exclusion under Umbrella liability for liability arising out of construction operations or real estate development, except for non structural renovations to interior portion of building F DISTRICT OF COLUMBIA 10
343 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX DESIGNATED ONGOING OPERATIONS EXCLUSION CNA XX DIRECTORS AND OFFICERS LIABILITY EXCLUSION Excludes coverage for liability arising out of ongoing operations described in the Schedule. This endorsement excludes coverage for liability arising out of an insured's capacity as a director or officer of any organization. CNA XX PRODUCTS COMPLETED OPERATIONS HAZARD REDEFINED This endorsement changes the definition of products completed operations hazard with respect to bodily injury or property damage arising out of the insured's products manufactured, sold, handled or distributed in accordance with the premises or operations listed in the applicable Schedule. CNA XX NAMED INSURED This endorsement modifies the insurance provided under the listed forms to reflect additional Named Insureds under the Policy. CNA XX FRANCHISE OPERATORS EXCLUSION This endorsement excludes coverage for any actual or alleged liability arising out of the operations by or on behalf of any of the Named Insured's franchises or the facilities owned, operated by or used by any franchisees of the Named Insured. CNA XX DEFINITION OF KEY EMPLOYEE This endorsement amends the definition of key employee by allowing for additional listed officer positions, job titles, or individual names (where applicable). CNA XX TELECOMMUNICATION EQUIPMENT OR SERVICE PROVIDERS EXCLUSION This endorsement excludes coverage for liability arising out of telecommunication equipment or service providers F DISTRICT OF COLUMBIA 11
344 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX SECURITY SERVICES EXCLUSION CNA XX NON ACCUMULATION OF LIMITS This endorsement excludes coverage for liability arising out of any actual or alleged rendering or failure to render security services. This endorsement provides the means by which the Limit of Insurance will be calculated where a claim for damages covered under Umbrella Liability, Crisis Management or Key Employee Expenses coverage is also covered by another policy, subject to the conditions therein. CNA XX AUTOMOBILE LIABILITY EXCLUSION This amends the Auto or Mobile Equipment Exclusion solely with respect to autos by deleting the last sentence under the Umbrella Policy, and adds an Exclusion precluding coverage for liability arising out of the ownership, maintenance, operation, use, loading or unloading of or entrustment of any auto under the Excess and Umbrella Policy as well as under the Excess Policy. CNA XX LIQUOR LIABILITY EXCLUSION CNA XX NEW OR ACQUIRED ENTITIES EXCLUSION CNA XX AIRCRAFT LIMITATION Excludes coverage for liquor related injury or damage. Excludes coverage for any organization the Named Insured acquires or forms during the policy period. This endorsement excludes all coverage under the policy for any actual or alleged liability based on or arising out of an aircraft except to the extent that such liability is covered by underlying insurance F DISTRICT OF COLUMBIA 12
345 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX CONTRACTUAL LIABILITY LIMITATION This endorsement excludes coverage for any actual or alleged liability arising out of contractual liability of the insured. CNA XX BODILY INJURY LIMITATION CNA XX LIMITATION NEW YORK OPERATIONS CNA XX LIMITATION ILLINOIS OPERATIONS This endorsement excludes coverage for any actual and alleged bodily injury. Where this endorsement is attached to the Paramount Umbrella Liability Policy, Coverage part A, the exclusion shall not apply to the extent that such bodily injury is covered by underlying insurance. This adds an Exclusion precluding coverage for bodily injury, property damage or personal and advertising injury arising out of any current or completed operation performed by the Named Insured or on its behalf in New York under the Excess and Umbrella Policy and the Umbrella Policy, but with respect to the Umbrella Policy the Exclusion does not apply to the extent liability is covered by Underlying Insurance. This adds an Exclusion precluding coverage for bodily injury, property damage or personal and advertising injury arising out of any current or completed operation performed by the Named Insured or on its behalf in Illinois under the Excess and Umbrella Policy and the Umbrella Policy, but with respect to the Umbrella Policy the Exclusion does not apply to the extent such liability is covered by underlying insurance F DISTRICT OF COLUMBIA 13
346 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX CONTRACTUAL LIABILITY LIMITATION DEFINITION OF INSURED CONTRACT CNA XX TOTAL POLLUTION EXCLUSION CNA XX TOTAL POLLUTION EXCLUSION WITH HOSTILE FIRE EXCEPTION This endorsement limits coverage for liability arising out of the contractual liability by deleting paragraph F from the definition of Insured contract Excludes any coverage for pollution related liability. Excludes any coverage for pollution related liability except when arising out of heat, smoke or fumes from a hostile fire. CNA XX OWNED AUTOMOBILE LIABILITY EXCLUSION This amends the Auto or Mobile Equipment Exclusion solely with respect to autos owned by the Named Insured by deleting the last sentence under the Umbrella Policy, and adds an Exclusion precluding coverage for liability arising out of the ownership, maintenance, operation, use, loading or unloading or entrust to others of any auto under the Excess and Umbrella Policy. CNA XX PERSONAL AND ADVERTISING INJURY LIMITATION CNA XX PRODUCTS COMPLETED OPERATIONS LIABILITY LIMITATION CNA XX LIMITATION OF COVERAGE TO DESIGNATED PREMISES OR PROJECTS Excludes personal and advertising injury liability if it is not covered by underlying insurance. Excludes liability within the productscompleted operations hazard unless such coverage was provided by underlying insurance. This endorsement excludes all coverage under the policy for any actual or alleged liability based on or arising out of the premises listed on the schedule or the project listed on the Schedule except to the extent that such liability is covered by underlying insurance F DISTRICT OF COLUMBIA 14
347 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX SILICA LIMITATION Amends the silica exclusion in the base form so that silica coverage is provided if silica coverage was provided by underlying insurance. CNA XX TECHNOLOGY SERVICES EXCLUSION WITH PROFESSIONAL LIABILITY LIMITATION CNA XX REAL ESTATE PROPERTY MANAGED LIMITATION CNA XX FOREIGN LIABILITY LIMITATION CNA XX PERSONAL LIABILITY LIMITATION This endorsement excludes coverage for liability arising out of technological services, but does not apply to bodily injury, property damage or personal or advertising injury to which any underlying insurance applies or would apply but for the exhaustion This endorsement adds an exclusion under Coverage A for property damage to property the Named Insured manages or operates. This endorsement replaces the definition of Coverage territory to mean anywhere in the world except that the policy does not apply to an incident that occurs outside the USA unless coverage is provided by underlying insurance. Solely with respect to the underlying insurance policies scheduled in the, this amends the Paramount Umbrella Liability Policy by amending adding language to limit personal liability in the Coverages and Who Is An Insured sections, and by introducing the definition of "personal liability coverage" F DISTRICT OF COLUMBIA 15
348 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX SWIMMING POOL LIABILITY LIMITATION This adds an Exclusion precluding coverage for bodily injury, property damage or personal and advertising injury arising out of any portion of any premises or property that is occupied by a swimming pool, spa or hot tub as well as any associated equipment under the Excess and Umbrella Policy and the Umbrella Policy, but with respect to the Umbrella Policy the Exclusion does not apply to the extent such liability is covered by underlying insurance. CNA XX FORECLOSED PROPERTY LIMITATION This endorsement adds an exclusion under Coverage A for bodily injury, property damage or personal and advertising injury arising out of property or assets the Insured has acquired through foreclosure or repossession, except if such liability is covered by underlying insurance F DISTRICT OF COLUMBIA 16
349 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX NONCONCURRENCY Solely with respect to the underlying insurance policies scheduled in the, this amends the Excess and Umbrella Policy by amending Limits of Insurance section by taking out the phrase as set forth in Coverage A. in the Exhaustion or Reduction of Applicable Underlying Limit paragraph and amends the Maintenance of Underlying Insurance condition by deleting the phrase provided that such reduction or exhaustion is solely the result of incidents covered under this Policy", and amends the Umbrella Policy by substituting "covered loss" for "loss covered by this Policy" in the Exhaustion or Reduction of Applicable Underlying Limit paragraph of the Limits of Insurance section and by making the above change to the Maintenance of Underlying Insurance condition. CNA XX POLLUTION LIMITATION CNA XX COMMUNICABLE DISEASE LIMITATION Excludes coverage for pollution related liability unless such coverage was provided by underlying insurance. This endorsement adds an exclusion under Coverage A for bodily injury, property damage and personal and advertising injury arising out of transmission of a communicable disease, except if the injury or damage is covered by underlying insurance F DISTRICT OF COLUMBIA 17
350 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX LEASED AUTOMOBILE LIABILITY LIMITATION This endorsement provides that the Automobile or Mobile Equipment exclusion is amended to provide coverage the automobiles set forth on the endorsement that is leased to the Named Insured and owned by a specified insurance company. CNA XX COMMUNICABLE DISEASE LIMITATION SPECIFIED DISEASES This endorsement adds an exclusion under Coverage A for bodily injury, property damage and personal and advertising injury arising out of transmission of the specified communicable diseases set forth in the endorsement, except if the injury or damage is covered by underlying insurance. CNA XX AIRCRAFT OR WATERCRAFT LIMITATION Excludes coverage for liability arising out of the ownership, maintenance, operation, use, loading or unloading or entrustment to others of any aircraft and watercraft, unless such coverage was provided by underlying insurance. CNA XX AGGREGATE LIMIT This endorsement provides that where attached, it deletes language stating the Aggregate limit shown in the Declarations to the applicable policy shall be applied in the same matter as the applicable Aggregate limits in the underlying insurance or schedule of underlying insurance. CNA XX STATE SPECIFIC OPERATIONS LIMITATION Excludes coverage for liability arising out of any current or completed operations performed by the Named Insured, or on the Named Insured s behalf, in any state listed in the Schedule, unless such coverage was provided by underlying insurance F DISTRICT OF COLUMBIA 18
351 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX ELECTRONIC DATA LIABILITY CNA XX EMPLOYEES AND VOLUNTEER WORKERS AS INSUREDS EXCLUSION CNA XX WAIVER OF IMMUNITY CNA XX PROPERTY DAMAGE LIMITATION CNA XX WAIVER OF GOVERNMENTAL IMMUNITY PORT AUTHORITY OF NEW YORK AND NEW JERSEY This endorsement excludes coverage for liability arising of access to or disclosure of confidential or personal information and data related liability. It also amends the applicable Limits of Insurance and amends the definition of "property damage." Excludes coverage for the Named Insured's employees and volunteer workers. This amends Coverage B. Umbrella Liability of the Excess and Umbrella Policy and the Umbrella Policy by adding language stating that the Insurer will waive, in the adjustment of claims and the defense of suits against the Insured, any governmental or charitable immunity as applicable, of the Insured, unless the Insured requests in writing that the Insurer not do so. Excludes coverage for property damage, unless such coverage was provided by underlying insurance. This s amends the Excess and Umbrella Policy and the Umbrella Policy by adding language stating that the Insurer will not, without obtaining the express advance written permission from the General Counsel of the Port Authority of New York and New Jersey, raise any jurisdictional or immunity defenses regarding suits against the Port Authority F DISTRICT OF COLUMBIA 19
352 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX UNDERLYING INSURANCE COVERAGE LIMITATION This endorsement excludes coverage for liability arising out of underlying insurance coverage limitations and notes that in the event of any difference between exclusions, restrictions, and limiting terms or conditions in this Policy or in the underlying insurance addressing the same general risk or hazard, then the more restrictive provision shall apply. CNA XX TRUTH IN LENDING ACT LIABILITY EXCLUSION CNA XX INTELLECTUAL PROPERTY EXCLUSION CNA XX REQUIREMENTS OF INDEPENDENT COUNSEL CNA XX CONTRACTORS LIMITATION UMBRELLA LIABILITY LIMITED WRAP UP CVG Excludes coverage for liability for failure to comply with the Truth in Lending Act provisions of the Consumer Credit Protection Act. This endorsement excludes coverage for liability arising out of any actual or alleged infringement or violation of intellectual property rights or laws. Subject to the Policy to which it is attached, this endorsement outlines requirements of independent counsel where such counsel is selected by the insured. This endorsement defines and excludes coverage for liability arising out of architects and engineers professional services, explosion/collapse/underground hazards, exterior insulation and finish systems, subsidence, torch applied roofing, wrap ups, and fungi or other organic pathogens. CNA XX CONSTRUCTION LOAN EXCLUSION Excludes liability arising out of any building which was financed by the Insured or arising out of the Insured's status as a construction lender F DISTRICT OF COLUMBIA 20
353 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX LIMITATION OF COVERAGE REAL ESTATE OPERATIONS This endorsement amend the COVERAGE section under Umbrella Liability to state that with respect to real estate operations this insurance applies only to bodily injury, property damage or personal and advertising injury arising out of premises the Named Insured uses for office purposes or lists or shows for sale or rental. CNA XX ABSOLUTE ABUSE OR MOLESTATION LIMITATION This endorsement excludes all coverage for any actual, alleged or threatened abuse or molestation of any person by any person. Abuse or Molestation is defined by the endorsement. CNA XX FELLOW EMPLOYEE LIMITATION This endorsement amends the WHO IS AN INSURED section to state that subparagraphs a c do not apply to bodily injury to a co employee or volunteer worker to the extent such bodily injury is covered by underlying insurance. CNA XX WASTE EXCLUSION Excludes coverage for liability arising out of the disposal of waste by, on behalf of, or for any Insured. CNA XX TEXAS EMPLOYERS LIABILITY RETAINED AMOUNT This endorsement addresses coverage for damages a Texas Named Insured becomes legally obligated to pay because of the death of a Texas employee of the Named Insured where the Named Insured has an active statement of nonsubscription on file with the state Division of Workers Compensation F DISTRICT OF COLUMBIA 21
354 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX CONTRACTORS LIMITATION UMBRELLA LIABILITY CNA XX UNDERGROUND STORAGE TANKS EXCLUSION This endorsement defines and excludes coverage for liability arising out of architects and engineers professional services, explosion/collapse/underground hazards, exterior insulation and finish systems, subsidence, torch applied roofing, wrap ups, fungi or other organic pathogens, and work on residential structures. This amends the Excess and Umbrella Policy by adding an Exclusion under the Umbrella Liability Exclusions portion of the Exclusions section which precludes coverage for actual or alleged bodily injury, property damage or personal and advertising injury that would not have occurred in whole or in part but for the spilling, leaking or escaping of any contents of an underground storage tank, except if any underlying insurance would apply to such loss; a definition of underground storage tank is also added. The also amends the Umbrella Liability Policy by adding the same Exclusion and definition. MCS FOR MOTOR CARRIER POLICIES OF INSURANCE FOR PUBLIC LIABILITY UNDER SECTIONS 29 AND 30 OF THE MOTOR CARRIER ACT OF 1980 CNA XX FUNGI OR OTHER ORGANIC PATHOGENS EXCLUSION Please note that this is already on file with your department. Excludes follow form coverage for liability arising out of fungi or other organic pathogens F DISTRICT OF COLUMBIA 22
355 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX TOTAL POLLUTION EXCLUSION WITH ALTERNATE POLLUTANTS DEFINITION CNA XX RECOGNITION OF EROSION OF UNDERLYING LIMITS BY SUBLIMITS CNA XX NUCLEAR ENERGY LIABILITY EXCLUSION Excludes all pollution related liability and provides a list of pollutants. Provides that the policy shall recognize any payments of sub limits made by the underlying insurer, and such payments shall erode the limits of such underlying insurance. Excludes coverage for liability arising out of the hazardous properties of nuclear material. CNA XX QUOTA SHARE This endorsement outlines the limits of insurance and schedule applicable to a quota share. CNA XX EMPLOYER S LIABILITY EXCLUSION CNA XX CORRECTION OF WORK EXCLUSION This endorsement excludes coverage for liability arising out of employee injury. Excludes coverage for fees, costs or expenses incurred by the Named Insured to minimize damages due to a negligent act, error or omission in the rendering of printing services. CNA XX SILICA EXCLUSION Excludes coverage arising out of the respiration or ingestion of, the presence of or exposure to, silica. CNA XX UNDERLYING INSURANCE COVERAGE EXTENSION EXCLUSION This endorsement adds an exclusion to the Excess Follow Liability Exclusions portion of the Exclusion section of the Excess and Umbrella Policy, which precludes coverage for actual or alleged liability arising out of injury, damage, loss, cost or expense for which insurance is afforded under the coverage designated in the listed Schedule F DISTRICT OF COLUMBIA 23
356 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX COVERAGE TERRITORY AMENDMENT PRODUCTS EXCLUSION CNA XX METAL GAS EXCLUSION COVERAGE B For coverage B only, deletes part of the coverage territory definition that includes other parts of the world if the injury or damage arises out of goods or products made or sold by the Named Insured domestically. This endorsement adds an exclusion under Coverage B for bodily injury, property damage or personal and advertising which would not have occurred but for exposure to metal gas or loss, cost, expense or damages arising out of clean up or testing for metal gas. CNA XX COMMUNICABLE DISEASE EXCLUSION COVERAGE B This endorsement adds an exclusion under Coverage B for liability arising out of the actual or alleged transmission of a communicable disease. CNA XX ELECTROMAGNETIC AND IONIZING RADIATION EXCLUSION COVERAGE B CNA XX SUBSIDENCE EXCLUSION COVERAGE B This endorsement adds an exclusion under Coverage B for bodily injury, property damage or personal or advertising injury or loss, cost or expense arising out of the release of electromagnetic or ionizing radiation. This endorsement adds an exclusion under Coverage B for liability arising out of subsidence, and provides a definition of the term F DISTRICT OF COLUMBIA 24
357 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX CONSTRUCTION MANAGEMENT ERRORS AND OMISSIONS EXCLUSION COVERAGE B This endorsement excludes all coverage for any actual or alleged liability arising out of the creation of maps, drawing, reports or surveys by an architect, engineer or surveyor for any project in which the Insured serves as construction manager. In addition, this endorsement excludes any actual or alleged liability arising out of any inspection or architectural services for any project in which the Insured serves as a construction manager. CNA XX REAL ESTATE PROPERTY MANAGED EXCLUSION COVERAGE B CNA XX ENGINEERS ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY EXCLUSION COVERAGE B CNA XX ABSOLUTE ABUSE OR MOLESTATION EXCLUSION COVERAGE B This endorsement adds an exclusion under Coverage B for property damage to property the Named Insured manages or operates. This endorsement adds and exclusion under Coverage B for any liability of Insured arising out of professional services by an architect, engineer, surveyor, landscape architect or soil or subsoil analyst. This endorsement excludes all coverage for any actual, alleged or threatened abuse or molestation of any person by any person. Abuse or Molestation is defined by the endorsement. The main parent endorsement is CNA CNA XX FORECLOSED PROPERTY EXCLUSION COVERAGE B This endorsement adds an exclusion under Coverage B for bodily injury, property damage or personal and advertising injury arising out of property or assets the Insured has acquired through foreclosure or repossession F DISTRICT OF COLUMBIA 25
358 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX TRAVEL AGENCY TOURS LIMITATION OF COVERAGE COVERAGE B This endorsement amends the definition of coverage territory to state that paragraph C(2) does not apply with respect to tours conducted by the Named Insured. CNA XX PERSONAL AND ADVERTISING INJURY LIABILITY EXCLUSION COVERAGE B CNA XX POLYCHLORINATED BIPHENYLS PCBs EXCLUSION COVERAGE B This endorsement adds an exclusion under Coverage B for liability arising out of any actual or alleged personal and advertising injury. This endorsement adds an exclusion under Coverage B for injury, damage, legal obligation or loss arising out of PCBs. CNA XX MARITIME EMPLOYERS LIABILITY EXCLUSION COVERAGE B This endorsement excludes coverage for any master or member of the crew of any vessel. In addition this exclusion excludes coverage for any person subject to the Longshoreman's and Harbors Workers Act. CNA XX DIACETYL FLAVORINGS FRAGRANCES This endorsement adds an exclusion under AND SPECIFIED SUBSTANCES EXCLUSION COVERAGE B Coverage B for liability arising out of diacetyl, flavorings, fragrances, and specified substances. CNA XX PRESSURE TREATED WOOD EXCLUSION COVERAGE B CNA XX RADIOACTIVE MATTER EXCLUSION COVERAGE B CNA XX LEAD EXCLUSION COVERAGE B This endorsement adds an exclusion under Coverage B for liability arising out of pressure treated wood. This endorsement adds an exclusion under Coverage B for liability arising out of radioactive matter. This endorsement adds an exclusion under Coverage B for liability arising out of lead. CNA XX EXTERIOR INSULATION AND FINISH SYSTEMS EXCLUSION COVERAGE B This endorsement adds an exclusion under Coverage B for liability arising out of exterior insulation and finish systems, and defines those terms therein F DISTRICT OF COLUMBIA 26
359 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX DESIGNATED WORK EXCLUSION COVERAGE B CNA XX EXCLUSION OF THE FAILURE TO ADEQUATELY PROVIDE SERVICE COVERAGE B See description under CNA XX. The Exclusion applies to Coverage B. of the Excess Umbrella Policy. This endorsement provides an exclusion under Coverage B for liability arising out a failure to adequately provide internet access or telecommunication services. CNA XX FAILURE TO SUPPLY EXCLUSION COVERAGE B This endorsement adds an exclusion under Coverage B for bodily injury, property damage or personal and advertising injury arising out of the Insured's failure to adequately supply gas, oil, water, electricity, steam or fuel. CNA XX CONSTRUCTION LOAN EXCLUSION COVERAGE B CNA XX LIMITATION OF COVERAGE TO DESIGNATED PREMISES OR PROJECT COVERAGE B CNA XX AIRCRAFT EXCLUSION COVERAGE B CNA XX PROFESSIONAL SERVICES EXCLUSION COVERAGE B This endorsement adds an exclusion under Coverage B for liability arising out of construction loans. This endorsement excludes all coverage under the policy for any actual or alleged liability based on or arising out of the premises listed on the schedule or the project listed on the Schedule except to the extent that such liability is covered by underlying insurance. Note: this is the Coverage B endorsement. This endorsement excludes all coverage under the policy for any actual or alleged liability based on or arising out of an aircraft. This endorsement adds an exclusion under Coverage B for bodily injury, property damage or personal and advertising injury arising out of professional services rendered by an Insured F DISTRICT OF COLUMBIA 27
360 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX DESIGNATED ENTITY EXCLUSION COVERAGE B This endorsement excludes all coverage for any actual or alleged liability arising out of the operations or products of any person or entity listed on the Schedule. CNA XX DESIGNATED COVERAGE EXCLUSION COVERAGE B CNA XX MISDELIVERY OF LIQUID PRODUCTS EXCLUSION COVERAGE B CNA XX RESIDENTIAL CONVERSION EXCLUSION COVERAGE B This endorsement adds an exclusion under Coverage B for any actual or alleged liability arising out of the designated coverage in the Schedule. This endorsement adds an exclusion under coverage B for any actual or alleged liability arising out of the misdelivery of liquid products This endorsement adds an exclusion under Coverage B for bodily injury, property damage or personal and advertising injury arising out of any location converted into individually owned real estate, including condominiums. CNA XX CONSTRUCTION OPERATIONS OR REAL ESTATE DEVELOPMENT LIMITATION COVERAGE B This endorsement adds an exclusion under Coverage B for bodily injury, property damage or personal and advertising injury arising out of construction operations or real estate development, except for nonstructural renovations to interior portion of building. CNA XX DESIGNATED PROFESSIONAL SERVICES EXCLUSION COVERAGE B This endorsement adds an exclusion under Coverage B for any liability arising out of the professional services listed in the schedule of the endorsement F DISTRICT OF COLUMBIA 28
361 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX CONSTRUCTION OPERATIONS OR REAL ESTATE DEVELOPMENT EXCLUSION COVERAGE B This endorsement adds an exclusion under Coverage B for bodily injury, property damage or personal and advertising injury arising out of construction operations or real estate development. CNA XX ELECTRONIC DATA LIABILITY COVERAGE A This endorsement amends an exclusion under Coverage A for liability arising out of electronic data liability. CNA XX PRINTERS AND PUBLISHERS ERRORS AND OMISSIONS EXCLUSION COVERAGE B This endorsement provides an exclusion under Coverage B for liability arising out of printers errors and omissions CNA XX SPECIAL EVENTS EXCLUSION COVERAGE B CNA XX NANOTECHNOLOGY EXCLUSION COVERAGE B CNA XX SPECIFIC COMMUNICABLE DISEASE EXCLUSION COVERAGE B This endorsement provides an exclusion under Coverage B for liability arising out of special events. This endorsement provides an exclusion under Coverage B for liability arising out of nanotechnology. This endorsement provides an exclusion under Coverage B for liability arising out of the actual or alleged transmission of specific communicable diseases. CNA XX TELECOMMUNICATION EQUIPMENT OR SERVICE PROVIDERS EXCLUSION COVERAGE B This endorsement provides an exclusion under Coverage B for liability arising out of telecommunication equipment or service providers. CNA XX INTELLECTUAL PROPERTY EXCLUSION COVERAGE B This endorsement provides an exclusion under Coverage B for liability arising out of intellectual property. CNA XX WASTE EXCLUSION COVERAGE B This endorsement provides an exclusion under Coverage B for liability arising out of waste F DISTRICT OF COLUMBIA 29
362 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX WATERCRAFT EXCLUSION COVERAGE B CNA XX PRODUCTS COMPLETED OPERATIONS AND LEASED PRODUCTS EXCLUSION COVERAGE B This endorsement amends an exclusion under Coverage B for liability arising out of Aircraft, Auto, Watercraft, or mobile Equipment. This endorsement defines and provides an exclusion under Coverage B for liability arising out of products completed operations and leased products. CNA XX DESIGNATED ONGOING OPERATIONS EXCLUSION COVERAGE B CNA XX FINANCIAL SERVICE COMPANY AS INSURED EXCLUSION COVERAGE B CNA XX TEXAS EMPLOYERS LIABILITY RETAINED AMOUNT COVERAGE B Excludes coverage under Coverage B for liability arising out of ongoing operations described in the Schedule. This endorsement excludes all coverage arising out of the performance of financial services. This endorsement addresses coverage for damages a Texas Named Insured becomes legally obligated to pay because of the death of a Texas employee of the Named Insured where the Named Insured has an active statement of no subscription on file with the state Division of Workers Compensation. CNA XX EXHAUSTION OF UNDERLYING LIMITS This endorsement amends the Coverage A Excess Follow Liability to provide that the Insurer will pay on behalf of the Insured those damages in excess of the applicable underlying limits subject to the provisions stated therein F DISTRICT OF COLUMBIA 30
363 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX CONTRACTORS LIMITATION EXCESS AND UMBRELLA LIABILITY CNA DC CANCELLATION/NON RENEWAL DISTRICT OF COLUMBIA This endorsement defines and excludes coverage for liability arising out of architects and engineers professional services, explosion/collapse/underground hazards, exterior insulation and finish systems, subsidence, torch applied roofing, wrap ups, fungi or other organic pathogens, and work on residential structures. This endorsement amends the cancellation and non renewal provisions to bring them into compliance with state requirements. PLEASE NOTE THAT THIS FORM IS ALREADY ON FILE WITH YOUR DEPARTMENT AND APPROVED FOR USE WITH THE PARAMOUNT PROGRAM UNDER CNA FILING F. Mandatory F DISTRICT OF COLUMBIA 31
364 SERFF Tracking #: CNAB State Tracking #: Company Tracking #: F State: District of Columbia Filing Company: Continental Insurance Company TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Commercial Umbrella and Excess Product Name: Commercial Umbrella Project Name/Number: Paramount Umbrella/ F Superseded Schedule Items Please note that all items on the following pages are items, which have been replaced by a newer version. The newest version is located with the appropriate schedule on previous pages. These items are in date order with most recent first. Schedule Item Creation Date Status Schedule Schedule Item Name 04/14/2015 APPROVED EXCLUSION OF CERTIFIED ACTS OF 06/30/2015 TERRORISM 04/14/2015 RE-FILE UNDER ACT OF TERRORISM SELF-INSURED FORMS RETAINED AMOUNT 06/30/ /14/2015 APPROVED NOTICE OFFER OF TERRORISM 06/30/ /14/2015 RE-FILE UNDER FORMS 06/30/ /14/2015 APPROVED 06/30/ /14/2015 APPROVED 06/30/2015 Replacement COVERAGE; DISCLOSURE OF PREMIUM 06/29/2015 NOTICE OFFER OF TERRORISM COVERAGE; CONFIRMATION OF REJECTION OF COVERAGE; DISCLOSURE OF PREMIUM CANCELLATION/NON RENEWAL - DISTRICT OF COLUMBIA Supporting Document Creation Date Attached Document(s) 06/29/2015 CNA75517XX ( ) pdf (Superceded) 06/29/2015 CNA76600XX ( ).pdf (Superceded) CNA75532XX ( ).pdf (Superceded) 06/29/2015 CNA75533XX ( ).pdf (Superceded) 06/03/2015 CNA62814DC ( ).pdf (Superceded) s Filing Memorandum & s List 06/29/ F (Paramount Umbrella FORMS Filing Explanatory Memo) (2).pdf DC F (s Filing Memo - s List) pdf (Superceded) PDF Pipeline for SERFF Tracking Number CNAB Generated 06/28/ :14 AM
365 EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Excess Follow Liability Exclusions; or B. PARAMOUNT EXCESS LIABILITY POLICY, then the section entitled EXCLUSIONS; is amended by the addition of the following new exclusion: Terrorism Any injury or damage arising, directly or indirectly, out of a certified act of terrorism. II. If this endorsement is attached to the PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A - Umbrella Liability Exclusions, the exclusion entitled Terrorism is deleted in its entirety and replaced with the following: Terrorism Any actual or alleged bodily injury, property damage or personal and advertising injury arising out of any act of terrorism. However, this exclusion does not apply to the extent such liability is covered by underlying insurance and does not arise, directly or indirectly, out of a certified act of terrorism. III. The following definitions are added: A. For the purposes of this endorsement, any injury or damage means any injury or damage covered under the policy to which this endorsement is applicable. B. Certified act of terrorism means an act that is certified by the Secretary of the Treasury, in consultation with the Secretary of Homeland Security and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act and its extensions. The federal Terrorism Risk Insurance Act and its extensions set 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 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. No: CNA75517XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
366 All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA75517XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
367 ACT OF TERRORISM SELF-INSURED RETAINED AMOUNT This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows: I. If this endorsement is attached to the: A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage B Umbrella Liability Exclusions; or B. PARAMOUNT UMBRELLA LIABILITY POLICY, then under EXCLUSIONS, the section entitled Coverage A Umbrella Liability Exclusions: the exclusion entitled Terrorism is deleted in its entirety. II. The following new definition is added: Act of terrorism means any activity against persons, organizations or property of any nature that involves the following or preparation for the following: A. the use or threat of force or violence; B. the commission or threat of a dangerous act; or C. the commission or threat of an act that interferes with or disrupts an electronic, communication, information, or mechanical system; when one or both of the following applies: 1. 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 2. 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. III. Solely with respect to an act of terrorism: A. The definition of retained amount is deleted in its entirety and replaced with the following: Retained amount means the $ADC_TRIA Retained amount amount retained and payable by the Insured for each incident as respects all liability covered under this policy arising out of any act of terrorism. The Insured may use other insurance to satisfy any portion of the retained amount. However, no portion of the retained amount may be satisfied by: 1. payment of benefits or damages that would not be covered by this policy if they exceeded the retained amount; nor 2. any defense costs. Solely for the purpose of this provision, defense costs mean attorney s fees, costs and expenses, and all other fees, costs and expenses incurred in connection with the investigation, adjustment, defense or appeal of a claim. Defense costs also include: a. interest accruing on a judgment after its entry; No: CNA76600XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
368 b. premium on appeal bonds required by law to appeal a claim; c. premium on bonds to release attachments; d. pre-judgment interest awarded against an Insured; and e. costs taxed against the Insured in any claim. The retained amount is the most the Insured must pay for the total of all ultimate net loss that would be covered by this policy had such loss exceeded the retained amount. The Insured s payment of any judgment or settlement within the retained amount reduces the retained amount available for subsequent judgments or settlements arising out of the same incident. B. Solely with respect to the retained amount: DEFENSE COSTS PAYMENT AND RELATED DUTIES is deleted in its entirety and does not apply. The Insurer shall have no duty to investigate or settle any claim, or defend any suit, against the Insured. However, the Insurer has the right and shall be given the opportunity by the Named Insured to associate with the Named Insured in the investigation or settlement of any claim, or defense of any suit, which might involve a loss to the Insurer. In such an association, the Named Insured shall promptly cooperate with the Insurer in all aspects of investigation, settlement or defense. If the Insurer exercises such right, it will do so at its own expense. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA76600XX ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
369 NOTICE OFFER OF TERRORISM COVERAGE; DISCLOSURE OF PREMIUM IMPORTANT INFORMATION NOTICE OFFER OF TERRORISM COVERAGE; DISCLOSURE OF PREMIUM THIS NOTICE DOES NOT FORM A PART OF THE POLICY, GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. The Named Insured is hereby notified that under the Terrorism Risk Insurance Act, as extended and reauthorized ("Act"), the Named Insured has a right to purchase insurance coverage of losses arising out of acts of terrorism, as defined in Section 102(1) of the Act, subject to all applicable policy provisions. The Terrorism Risk Insurance Act established a federal program within the Department of the Treasury, under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. This Notice is designed to alert the Named Insured to coverage restrictions and to certain terrorism provisions in the policy. If there is any conflict between this Notice and the policy (including its endorsements), the provisions of the policy (including its endorsements) apply. CHANGE IN THE DEFINITION OF A CERTIFIED ACT OF TERRORISM The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an act of terrorism. Originally, the Act provided that to be certified, an act of terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. However, the 2007 reauthorization of the Act removed the requirement that the act of terrorism must be committed by or on behalf of a foreign interest, and now certified acts of terrorism may encompass, for example, a terrorist act committed against the United States government by a United States citizen, when the act is determined by the federal government to be "a certified act of terrorism." In accordance with the Act, the Insurer is required to offer the Named Insured the ability to purchase coverage for losses resulting from an act of terrorism that is certified under the federal program. The other provisions of this policy, including nuclear, war or military action exclusions, will still apply to such an act. DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The Department of the Treasury will pay a share of terrorism losses insured under the federal program. In 2015, the federal share equals 85% of that portion of the amount of such insured losses that exceeds the applicable insurer retention, and shall decrease by 1 percentage point per calendar year until equal to 80%. LIMITATION ON PAYMENT OF TERRORISM LOSSES If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a Program Year (January 1 through December 31), the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion. Further, this coverage is subject to a limit on the Insurer s liability pursuant to the federal law where, if aggregate insured losses attributable to terrorist acts certified under the Act exceed $100 billion in a Program Year (January 1 through December 31) and the Insurer has met its insurer deductible under the Act, the Insurer shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion. In such case, insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. No: CNA75532XX ( ) [FORMTYPE] ; Page: a of b
370 CONFIRMATION OF ACCEPTANCE OF COVERAGE In accordance with the Act, the Insurer offered the Named Insured coverage for losses resulting from an act of terrorism that is certified under the federal program. This notice confirms that the Named Insured has chosen to accept the Insurer s offer of coverage for certified acts of terrorism. The policy's other provisions, including nuclear, war or military action exclusions, will still apply to such an act. The premium charge for terrorism coverage is shown separately on the Declarations. No: CNA75532XX ( ) [FORMTYPE] ; Page: a of b
371 NOTICE OFFER OF TERRORISM COVERAGE; CONFIRMATION OF REJECTION OF COVERAGE; DISCLOSURE OF PREMIUM IMPORTANT INFORMATION NOTICE OFFER OF TERRORISM COVERAGE; CONFIRMATION OF REJECTION OF COVERAGE; DISCLOSURE OF PREMIUM THIS NOTICE DOES NOT FORM A PART OF THE POLICY, GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. The Named Insured is hereby notified that under the Terrorism Risk Insurance Act, as extended and reauthorized ("Act"), the Named Insured has a right to purchase insurance coverage of losses arising out of acts of terrorism, as defined in Section 102(1) of the Act, subject to all applicable policy provisions. The Terrorism Risk Insurance Act established a federal program within the Department of the Treasury, under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. This Notice is designed to alert the Named Insured to coverage restrictions and to certain terrorism provisions in the policy. If there is any conflict between this Notice and the policy (including its endorsements), the provisions of the policy (including its endorsements) apply. CHANGE IN THE DEFINITION OF A CERTIFIED ACT OF TERRORISM The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an act of terrorism. Originally, the Act provided that to be certified, an act of terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. However, the 2007 reauthorization of the Act removed the requirement that the act of terrorism must be committed by or on behalf of a foreign interest, and now certified acts of terrorism may encompass, for example, a terrorist act committed against the United States government by a United States citizen, when the act is determined by the federal government to be "a certified act of terrorism." In accordance with the Act, the Insurer is required to offer the Named Insured the ability to purchase coverage for losses resulting from an act of terrorism that is certified under the federal program. The other provisions of this policy, including nuclear, war or military action exclusions, will still apply to such an act. DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The Department of the Treasury will pay a share of terrorism losses insured under the federal program. In 2015, the federal share equals 85% of that portion of the amount of such insured losses that exceeds the applicable insurer retention, and shall decrease by 1 percentage point per calendar year until equal to 80%. LIMITATION ON PAYMENT OF TERRORISM LOSSES If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a Program Year (January 1 through December 31), the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion. Further, this coverage is subject to a limit on the Insurer s liability pursuant to the federal law where, if aggregate insured losses attributable to terrorist acts certified under the Act exceed $100 billion in a Program Year (January 1 through December 31) and the Insurer has met its insurer deductible under the Act, the Insurer shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion. In such case, insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. No: CNA75533XX ( ) [FORMTYPE] ; Page: a of b
372 CONFIRMATION OF REJECTION OF COVERAGE In accordance with the Act, the Insurer offered the Named Insured the ability to purchase coverage for losses resulting from an act of terrorism that is certified under the federal program. This Notice confirms that the Named Insured has chosen to reject the Insurer s offer of coverage for certified acts of terrorism to the extent possible. Consequently, if permitted by state law, a terrorism exclusion endorsement is attached to the policy. Certain states may not allow coverage for certified acts of terrorism to be rejected. If state law prohibits the Named Insured from rejecting certain coverage for certified acts of terrorism, the premium for such coverage is shown separately on the Declarations. Solely with respect to Property and Inland Marine coverages, by statute, for risks/locations in the states of: (i) CA, GA, HI, IA, IL, MA, ME, MO, NC, NJ, NY, OR, RI, WA, WI, and WV for Property, and (ii) CA; ME; MO; OR; and WI for Inland Marine, coverage is required to be provided for fire damage that results or follows from any cause of loss, even those that are otherwise excluded. As a result, if this policy provides Property or Inland Marine coverage and excludes terrorism, the Insurer nevertheless is statutorily required, with respect to such coverages, to insure against fire damage that might result from otherwise excluded acts of terrorism in the referenced states. No: CNA75533XX ( ) [FORMTYPE] ; Page: a of b
373 CANCELLATION / NON-RENEWAL DISTRICT OF COLUMBIA Wherever used in this endorsement: 1) Insurer means we, us, our or the Company as those terms may be defined in the policy; and 2) Named Insured means the first person or entity named on the declarations page; and 3) Insureds means all persons or entities afforded coverage under the policy. Any cancellation, non-renewal or termination provisions in the policy are deleted in their entirety and replaced with the following: CANCELLATION AND NON-RENEWAL I. CANCELLATION A. The Named Insured may cancel the policy at any time. To do so, the Named Insured must return the policy to the Insurer or any of its authorized representatives, indicating the effective date of cancellation; or provide a written notice to the Insurer, stating when the cancellation is to be effective. B. If the policy has been in effect for thirty (30) days or less and is not a renewal the Insurer may cancel the policy for any reason by mailing or delivering written notice to the Named Insured, at the last mailing address known to the Insurer, at least thirty (30) days prior to the proposed date of cancellation. C. If the policy has been in effect for more than thirty (30) days or if it is a renewal, the Insurer may not cancel the policy unless such cancellation is based on one or more of the following reasons: 1. The Named Insured has refused or failed to pay a premium due under the terms of the policy; 2. The Named Insured or Insured(s) has made a material and willful misstatement or omission of fact to the Insurer or its employees, agents or brokers in connection with any application to or claim against the Insurer; or 3. The property or other interest of the Named Insured or Insured(s) has been transferred to a person other than the Named Insured, Insured(s) or beneficiary, unless the transfer is permissible under the terms of the policy; or the property, interest or use thereof shall have materially changed with respect to its insurability. The Insurer will mail or deliver written notice to the Named Insured, at the last mailing address known to the Insurer, at least sixty (60) days prior to the proposed date of cancellation. D. The notice will state the actual reason for the cancellation. E. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. F. If notice is mailed, proof of mailing will be sufficient proof of notice. II. PREMIUM REFUND If this policy is cancelled, the Insurer will send the Named Insured any premium refund due. If the Insurer cancels the refund will be pro rata. If the Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if the Insurer has not made or offered a refund. III. NON-RENEWAL A. The Insurer can non-renew the policy by mailing or delivering written notice to the Named Insured, at the last mailing address known to the Insurer, at least thirty (30) days prior to the end of the policy period. No: CNA62814DC ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
374 B. The notice of non-renewal will state the actual reason for non-renewal. C. If notice is mailed, proof of mailing will be sufficient proof of notice. IV. ADDITIONAL REQUIREMENTS A. At least five (5) days before sending the notice of cancellation or non-renewal to the Named Insured the Insurer will notify the insurance agent or broker who wrote the policy being canceled or non-renewed. B. The notice of cancellation or non-renewal will be mailed or delivered to the Named Insured, at the last mailing address known to the Insurer. The envelope containing the notice of cancellation or nonrenewal shall be labeled Important Insurance Notice in at least eighteen (18) point or larger type. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Effective Date) is shown below, and expires concurrently with said policy. No: CNA62814DC ( ) Effective Date: [TEFFDAT] No: [ENDSEQNUM] ; Page: a of b
375 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX CNA PARAMOUNT UMBRELLA LIABILITY POLICY CNA XX CNA PARAMOUNT EXCESS LIABILITY POLICY CNA XX CNA PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY CNA XX CNA PARAMOUNT EXCESS AND UMBRELLA LIABILITY DECLARATIONS This policy provides umbrella liability coverage. This Policy provides excess liability coverage pursuant to its terms and conditions. This Policy provides excess and umbrella liability coverage. This Declarations page is attached to all policies to indicate policy level information. Mandatory Mandatory Mandatory Mandatory Policy Policy Policy Declarations CNA XX CNA PARAMOUNT EXCESS LIABILITY DECLARATIONS CNA XX AMENDMENT OF POLICY DECLARATIONS CNA XX AMENDMENT OF SCHEDULE ON SPECIFIED CNA XX AMENDMENT OF FORMS AND S SCHEDULE ADDITION OR DELETION OF S Mandatory This Declarations page is attached to all policies to indicate policy level information. Documents revisions to policy declarations. PLEASE NOTE THAT THIS FORM IS ALREADY ON FILE WITH YOUR DEPARTMENT AND APPROVED FOR USE WITH THE PARAMOUNT PROGRAM UNDER CNA FILING F. Documents revisions to the Schedule of s attached to the policy. PLEASE NOTE THAT THIS FORM IS ALREADY ON FILE WITH YOUR DEPARTMENT AND APPROVED FOR USE WITH THE PARAMOUNT PROGRAM UNDER CNA FILING F. Documents additions or deletions of forms to the Schedule of s and s. PLEASE NOTE THAT THIS FORM IS ALREADY ON FILE WITH YOUR DEPARTMENT AND APPROVED FOR USE WITH THE PARAMOUNT PROGRAM UNDER CNA FILING F. Declarations F DISTRICT OF COLUMBIA 1
376 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX AMENDMENT TO POLICY DECLARATIONS NAMED INSURED CNA XX DECLARATIONS AMENDMENT CNA XX AMENDMENT TO DEFINITION OF PERSONAL AND ADVERTISING INJURY DELETION OF PARAGRAPH E CNA XX MARITIME EMPLOYERS LIABILITY EXCLUSION This endorsement amends the Policy Declarations to add or delete a Named Insured. PLEASE NOTE THAT THIS FORM IS ALREADY ON FILE WITH YOUR DEPARTMENT AND APPROVED FOR USE WITH THE PARAMOUNT PROGRAM UNDER CNA FILING F. This is a declarations amendment form used to make corrections on the Declarations Page. This endorsement amends the definition of personal and adverting injury. This endorsement excludes coverage for any master or member of the crew of any vessel. In addition this exclusion excludes coverage for any person subject to the Longshoreman's and Harbors Workers Act. CNA XX AFFILIATED CHAPTER ACTIVITIES EXCLUSION CNA XX NUMBER OF DAYS NOTICE OF CANCELLATION This endorsement excludes coverage for any liability arising out of or in connection with any chapter or club associated with any Insured. This applies to all Policy forms and increases the number of days required for written notice of cancellation to the first Named Insured to a variable number of days before the effective date of cancellation, for any statutorily reason other than nonpayment of premium F DISTRICT OF COLUMBIA 2
377 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX NUMBER OF DAYS NOTICE OF NONRENEWAL CNA XX POLYCHLORINATED BIPHENYLS PCBs EXCLUSION CNA XX METAL GAS EXCLUSION This applies to all Policy forms and increases the number of days required for notice of non renewal to a variable number of days after the Insurer mails or delivers notice to the first Named Insured. This endorsement adds an exclusion for injury, damage, legal obligation or loss arising out of PCBs. This endorsement adds an exclusion for liability which would not have occurred but for exposure to metal gas or loss, cost, expense or damages arising out of clean up or testing for metal gas. CNA XX EXCLUSION OF CERTIFIED ACTS OF TERRORISM CNA XX PROFESSIONAL SERVICES EXCLUSION This endorsement is used if the insured Mandatory elects to exclude coverage for certified acts of terrorism as specified in TRIA and in consideration for the appropriate premium adjustment. This endorsement adds an exclusion for liability arising out of rendering of or failure to render professional services. CNA XX PUNITIVE DAMAGES EXCLUSION CNA XX NOTICE OF CANCELLATION OR MATERIAL CHANGE GOVERNMENT INSTALLATION This endorsement adds an exclusion for punitive damages. This applies to all Policy forms and requires that in the event of cancellation or other material change that reduces or restricts the insurance afforded by the Policy, the Insurer is to send prior written Notice of Cancellation or Material Change to the Contracting Officer scheduled in the in compliance with insurance requirements specified in the F DISTRICT OF COLUMBIA 3
378 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX ELECTROMAGNETIC AND IONIZING RADIATION EXCLUSION CNA XX TOBACCO PRODUCTS EXCLUSION This endorsement adds an exclusion for liability or loss, cost or expense arising out of the release of electromagnetic or ionizing radiation. This endorsement adds an exclusion for liability arising out of tobacco products. CNA XX CHANGES NOTICE OF CANCELLATION This applies to all Policy forms and specifies that in the event of a cancellation of coverage during the policy period for a reason other than nonpayment of premium, the Insurer agrees to mail prior written notice to a party scheduled in the with a variable number of days advanced notice. CNA XX AIRCRAFT PRODUCTS HAZARD AND AIRCRAFT GROUNDING HAZARD EXCLUSION CNA XX OCCUPATIONAL ENVIRONMENTAL DISEASE EXCLUSION This endorsement excludes coverage any actual or alleged aircraft products hazard or aircraft grounding hazard as defined by the policy. This endorsement adds an exclusion for liability arising out of occupational and environmental diseases arising out of the Named Insured's operations or products CNA XX FAILURE TO SUPPLY EXCLUSION This endorsement adds an exclusion for liability of Insured to adequately supply gas, oil, water, electricity, steam or biofuel. CNA XX HUMAN CLINICAL TRIALS EXCLUSION This endorsement adds an exclusion for liability arising out of human clinical trials F DISTRICT OF COLUMBIA 4
379 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX ABSOLUTE ABUSE OR MOLESTATION EXCLUSION This endorsement excludes all coverage for any actual, alleged or threatened abuse or molestation of any person by any person. Abuse or Molestation is defined by the endorsement. CNA XX TECHNOLOGY SERVICES EXCLUSION CNA XX EXCLUSION OF THE FAILURE TO ADEQUATELY PROVIDE SERVICE CNA XX RESPIRABLE DUST EXCLUSION This endorsement adds an exclusion for liability arising out of rendering of technology services. This endorsement adds an exclusion for liability arising out of a failure to adequately provide internet access or telecommunication services. Excludes coverage for liability arising out of the respiration of, ingestion of, presence of or exposure to respirable dust. CNA XX FINANCIAL SERVICE COMPANY AS INSURED EXCLUSION CNA XX DESIGNATED PROFESSIONAL SERVICES EXCLUSION CNA XX ENGINEERS ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY EXCLUSION CNA XX SUBSIDENCE EXCLUSION CNA XX SPECIAL EVENTS EXCLUSION This endorsement excludes all coverage arising out of the performance of financial services. This endorsement adds an exclusion for liability arising out of rendering of professional services described in the Schedule of the endorsement. This endorsement adds an exclusion under Umbrella Liability for any liability of Insured arising out of professional services by an architect, engineer, surveyor, landscape architect or soil or subsoil analyst. Excludes coverage for liability arising out of the subsidence of land. (Coverage B is CNA76506XX) This endorsement adds an exclusion for liability based on special events F DISTRICT OF COLUMBIA 5
380 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX LEAD EXCLUSION Excludes coverage for liability arising out of lead. (Coverage B is CNA76520XX) CNA XX TORCH WORK EXCUSION This endorsement excludes coverage for all actual or alleged liability arising out of torch work as defined by the endorsement. CNA XX DIAGNOSTIC TESTING LABORATORIES EXCLUSION CNA XX MEDICAL MALPRACTICE PROFESSIONAL LIABILITY THERAPEUTIC OR COSMETIC SERVICES EXCLUSION CNA XX TESTING OR CONSULTING ERRORS AND OMISSIONS EXCLUSION CNA XX DESIGNATED COVERAGE EXCLUSION This endorsement excludes coverage for liability arising out of medical or diagnostic testing and the reporting of or reliance upon the results of such medical or diagnostic testing. This endorsement excludes coverage for liability arising out of the rendering or failure to render medical and related services, treatments, advice, or instructions; therapeutic or cosmetic services; the furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances; and the handling or treatment of dead bodies including autopsies, organ donation and other procedures. This endorsement excludes coverage for liability arising out of testing or consulting errors and omissions. This endorsement excludes coverage for all actual or alleged liability arising out of the coverage designated on the Schedule CNA XX ADDITIONAL EXCLUSIONS ASSOCIATIONS This endorsement adds exclusions for liability arising out of acts, errors or omissions in standards or protocols; testing and certification; governing conduct; sponsorship of others' services; and professional services F DISTRICT OF COLUMBIA 6
381 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX SEEDMENS ERRORS AND OMISSIONS EXCLUSION CNA XX RADIOACTIVE MATTER EXCLUSION This endorsement excludes coverage for all actual or alleged liability arising out of the erroneous, delivery of seed, an error in mechanical mixture of seed or the failure of seed to germinate. Excludes coverage for liability arising out of radiation. (Coverage B is CNA76519XX) CNA XX PRESSURE TREATED WOOD EXCLUSION CNA XX DESIGNATED PERSON OR ENTITY EXCLUSION Excludes coverage for liability arising out of pressure treated wood. (Coverage B is CNA76518XX) This endorsement excludes all coverage for any actual or alleged liability arising out of the operations or products of any person or entity listed on the Schedule. CNA XX DIACETYL FLAVORINGS FRAGRANCES AND SPECIFIED SUBSTANCES EXCLUSION CNA XX EXTERIOR INSULATION AND FINISH SYSTEMS EXCLUSION CNA XX NANOPARTICLES EXCLUSION CNA XX GENETICALLY MODIFIED ORGANISM EXCLUSION CNA XX COMMUNICABLE DISEASE EXCLUSION Excludes coverage for liability arising out of exposure to diacetyl and several related compounds. (Coverage B is CNA XX) Excludes coverage for liability arising out of the presence of EIFS. (Coverage B is CNA76521XX) This endorsement excludes coverage for liability arising out of the presence of engineered nanoparticles This endorsement excludes coverage for liability arising out of genetically modified organisms. This endorsement excludes coverage for liability arising out of the actual or alleged transmission of a communicable disease. CNA XX SPECIFIC COMMUNICABLE DISEASE EXCLUSION This endorsement excludes coverage for liability arising out of the actual or alleged transmission of specific communicable diseases F DISTRICT OF COLUMBIA 7
382 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX DESIGNATED WORK EXCLUSION This adds an Exclusion precluding coverage for bodily injury and property damages included in the productscompleted operations hazard arising out of work scheduled in the under the Excess and Umbrella Policy and Umbrella Policy, and adds an Exclusion precluding coverage for liability arising out of work scheduled in the under the Excess Policy. CNA XX BATCH Provides that all claims for bodily injury or property damage that arise from the same defect relating to one batch of the Named Insured's products shall be considered to arise out of the same incident. CNA XX PRODUCTS COMPLETED OPERATIONS LIABILITY LIMITATION Excludes coverage for liability included within the products completed operations hazard unless such coverage was provided by underlying insurance. CNA XX TORCH WORK LIMITATION CNA XX PERSONAL AND ADVERTISING INJURY LIABILITY EXCLUSION CNA XX PRODUCTS COMPLETED OPERATIONS AND LEASED PRODUCTS EXCLUSION Excludes coverage for liability arising out of torch work unless such coverage was provided by underlying insurance. Excludes coverage for personal and advertising injury. (Coverage B is CNA76514XX) Excludes coverage for liability included within the products completed operations hazard or arising out of the Named Insured's products which have been leased to others F DISTRICT OF COLUMBIA 8
383 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX BROAD KNOWLEDGE OF OCCURRENCE This endorsement amends the insured's duties regarding notice of claims in a crisis management event or covered accident CNA XX AUTOMOBILE LIABILITY DEALERS EXCLUSION The endorsement excludes all coverage arising out of any actual or alleged ownership, maintenance, operation or use of any auto leased or rented to others by the Named Insured. This endorsement excludes all coverage for the activities enumerated in the exclusion. CNA XX CONSTRUCTION MANAGEMENT ERRORS AND OMISSIONS EXCLUSION This endorsement excludes all coverage for any actual or alleged liability arising out of the creation of maps, drawing, reports or surveys by an architect, engineer or surveyor for any project in which the Insured serves as construction manager. In addition, this endorsement excludes any actual or alleged liability arising out of any inspection or architectural services for any project in which the Insured serves as a construction manager. CNA XX DRUGGISTS PRODUCTS AND This endorsement excludes coverage for PROFESSIONAL SERVICES EXCLUSION liability arising out of Druggists products and professional services. CNA XX HEALTH OR EXERCISE CLUB This endorsement excludes coverage for PROFESSIONAL LIABILITY EXCLUSION liability arising out of a health or exercise club service. CNA XX PRODUCTS AND PROFESSIONAL SERVICES EXCLUSION OPTICAL AND HEARING AID ESTABLISHMENTS This endorsement adds exclusion for liability arising out of rendering of professional healthcare services and liability included within productscompleted operations hazard F DISTRICT OF COLUMBIA 9
384 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX MISDELIVERY OF LIQUID PRODUCTS EXCLUSION CNA XX PRINTERS AND PUBLISHERS ERRORS AND OMISSIONS EXCLUSION CNA XX AIRCRAFT EXCLUSION Excludes coverage for liability arising out of the incorrect delivery of a liquid product if such liability occurs after such operations have been completed. [COVERAGE B VERSION IS AT 76533] This endorsement excludes coverage for liability arising out of printing, publishing and graphic arts services error and omissions. This endorsement excludes all coverage for any actual or alleged liability arising out of the ownership, maintenance or operation of any aircraft. CNA XX WATERCRAFT EXCLUSION CNA XX CONSTRUCTION OPERATIONS OR REAL ESTATE DEVELOPMENT EXCLUSION CNA XX RESIDENTIAL CONVERSION EXCLUSION This endorsement excludes all coverage for any actual or alleged liability arising out of the ownership, maintenance or operation of any watercraft. This endorsement adds an exclusion under Umbrella liability for liability arising out of construction operations or real estate development. This endorsement adds an Umbrella liability exclusion for bodily injury, property damage or personal and advertising injury arising out of any location converted into individually owned real estate, including condominiums. CNA XX CONSTRUCTION OPERATIONS OR REAL ESTATE DEVELOPMENT LIMITATION This endorsement adds an exclusion under Umbrella liability for liability arising out of construction operations or real estate development, except for non structural renovations to interior portion of building F DISTRICT OF COLUMBIA 10
385 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX DESIGNATED ONGOING OPERATIONS EXCLUSION CNA XX DIRECTORS AND OFFICERS LIABILITY EXCLUSION Excludes coverage for liability arising out of ongoing operations described in the Schedule. This endorsement excludes coverage for liability arising out of an insured's capacity as a director or officer of any organization. CNA XX PRODUCTS COMPLETED OPERATIONS HAZARD REDEFINED This endorsement changes the definition of products completed operations hazard with respect to bodily injury or property damage arising out of the insured's products manufactured, sold, handled or distributed in accordance with the premises or operations listed in the applicable Schedule. CNA XX NAMED INSURED This endorsement modifies the insurance provided under the listed forms to reflect additional Named Insureds under the Policy. CNA XX FRANCHISE OPERATORS EXCLUSION This endorsement excludes coverage for any actual or alleged liability arising out of the operations by or on behalf of any of the Named Insured's franchises or the facilities owned, operated by or used by any franchisees of the Named Insured. CNA XX DEFINITION OF KEY EMPLOYEE This endorsement amends the definition of key employee by allowing for additional listed officer positions, job titles, or individual names (where applicable). CNA XX TELECOMMUNICATION EQUIPMENT OR SERVICE PROVIDERS EXCLUSION This endorsement excludes coverage for liability arising out of telecommunication equipment or service providers F DISTRICT OF COLUMBIA 11
386 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX SECURITY SERVICES EXCLUSION CNA XX NON ACCUMULATION OF LIMITS This endorsement excludes coverage for liability arising out of any actual or alleged rendering or failure to render security services. This endorsement provides the means by which the Limit of Insurance will be calculated where a claim for damages covered under Umbrella Liability, Crisis Management or Key Employee Expenses coverage is also covered by another policy, subject to the conditions therein. CNA XX AUTOMOBILE LIABILITY EXCLUSION This amends the Auto or Mobile Equipment Exclusion solely with respect to autos by deleting the last sentence under the Umbrella Policy, and adds an Exclusion precluding coverage for liability arising out of the ownership, maintenance, operation, use, loading or unloading of or entrustment of any auto under the Excess and Umbrella Policy as well as under the Excess Policy. CNA XX LIQUOR LIABILITY EXCLUSION CNA XX NEW OR ACQUIRED ENTITIES EXCLUSION CNA XX AIRCRAFT LIMITATION Excludes coverage for liquor related injury or damage. Excludes coverage for any organization the Named Insured acquires or forms during the policy period. This endorsement excludes all coverage under the policy for any actual or alleged liability based on or arising out of an aircraft except to the extent that such liability is covered by underlying insurance F DISTRICT OF COLUMBIA 12
387 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX CONTRACTUAL LIABILITY LIMITATION This endorsement excludes coverage for any actual or alleged liability arising out of contractual liability of the insured. CNA XX BODILY INJURY LIMITATION CNA XX LIMITATION NEW YORK OPERATIONS CNA XX LIMITATION ILLINOIS OPERATIONS This endorsement excludes coverage for any actual and alleged bodily injury. Where this endorsement is attached to the Paramount Umbrella Liability Policy, Coverage part A, the exclusion shall not apply to the extent that such bodily injury is covered by underlying insurance. This adds an Exclusion precluding coverage for bodily injury, property damage or personal and advertising injury arising out of any current or completed operation performed by the Named Insured or on its behalf in New York under the Excess and Umbrella Policy and the Umbrella Policy, but with respect to the Umbrella Policy the Exclusion does not apply to the extent liability is covered by Underlying Insurance. This adds an Exclusion precluding coverage for bodily injury, property damage or personal and advertising injury arising out of any current or completed operation performed by the Named Insured or on its behalf in Illinois under the Excess and Umbrella Policy and the Umbrella Policy, but with respect to the Umbrella Policy the Exclusion does not apply to the extent such liability is covered by underlying insurance F DISTRICT OF COLUMBIA 13
388 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX CONTRACTUAL LIABILITY LIMITATION DEFINITION OF INSURED CONTRACT CNA XX TOTAL POLLUTION EXCLUSION CNA XX TOTAL POLLUTION EXCLUSION WITH HOSTILE FIRE EXCEPTION This endorsement limits coverage for liability arising out of the contractual liability by deleting paragraph F from the definition of Insured contract Excludes any coverage for pollution related liability. Excludes any coverage for pollution related liability except when arising out of heat, smoke or fumes from a hostile fire. CNA XX OWNED AUTOMOBILE LIABILITY EXCLUSION This amends the Auto or Mobile Equipment Exclusion solely with respect to autos owned by the Named Insured by deleting the last sentence under the Umbrella Policy, and adds an Exclusion precluding coverage for liability arising out of the ownership, maintenance, operation, use, loading or unloading or entrust to others of any auto under the Excess and Umbrella Policy. CNA XX PERSONAL AND ADVERTISING INJURY LIMITATION CNA XX PRODUCTS COMPLETED OPERATIONS LIABILITY LIMITATION CNA XX LIMITATION OF COVERAGE TO DESIGNATED PREMISES OR PROJECTS Excludes personal and advertising injury liability if it is not covered by underlying insurance. Excludes liability within the productscompleted operations hazard unless such coverage was provided by underlying insurance. This endorsement excludes all coverage under the policy for any actual or alleged liability based on or arising out of the premises listed on the schedule or the project listed on the Schedule except to the extent that such liability is covered by underlying insurance F DISTRICT OF COLUMBIA 14
389 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX SILICA LIMITATION Amends the silica exclusion in the base form so that silica coverage is provided if silica coverage was provided by underlying insurance. CNA XX TECHNOLOGY SERVICES EXCLUSION WITH PROFESSIONAL LIABILITY LIMITATION CNA XX REAL ESTATE PROPERTY MANAGED LIMITATION CNA XX FOREIGN LIABILITY LIMITATION CNA XX PERSONAL LIABILITY LIMITATION This endorsement excludes coverage for liability arising out of technological services, but does not apply to bodily injury, property damage or personal or advertising injury to which any underlying insurance applies or would apply but for the exhaustion This endorsement adds an exclusion under Coverage A for property damage to property the Named Insured manages or operates. This endorsement replaces the definition of Coverage territory to mean anywhere in the world except that the policy does not apply to an incident that occurs outside the USA unless coverage is provided by underlying insurance. Solely with respect to the underlying insurance policies scheduled in the, this amends the Paramount Umbrella Liability Policy by amending adding language to limit personal liability in the Coverages and Who Is An Insured sections, and by introducing the definition of "personal liability coverage" F DISTRICT OF COLUMBIA 15
390 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX SWIMMING POOL LIABILITY LIMITATION This adds an Exclusion precluding coverage for bodily injury, property damage or personal and advertising injury arising out of any portion of any premises or property that is occupied by a swimming pool, spa or hot tub as well as any associated equipment under the Excess and Umbrella Policy and the Umbrella Policy, but with respect to the Umbrella Policy the Exclusion does not apply to the extent such liability is covered by underlying insurance. CNA XX FORECLOSED PROPERTY LIMITATION This endorsement adds an exclusion under Coverage A for bodily injury, property damage or personal and advertising injury arising out of property or assets the Insured has acquired through foreclosure or repossession, except if such liability is covered by underlying insurance F DISTRICT OF COLUMBIA 16
391 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX NONCONCURRENCY Solely with respect to the underlying insurance policies scheduled in the, this amends the Excess and Umbrella Policy by amending Limits of Insurance section by taking out the phrase as set forth in Coverage A. in the Exhaustion or Reduction of Applicable Underlying Limit paragraph and amends the Maintenance of Underlying Insurance condition by deleting the phrase provided that such reduction or exhaustion is solely the result of incidents covered under this Policy", and amends the Umbrella Policy by substituting "covered loss" for "loss covered by this Policy" in the Exhaustion or Reduction of Applicable Underlying Limit paragraph of the Limits of Insurance section and by making the above change to the Maintenance of Underlying Insurance condition. CNA XX POLLUTION LIMITATION CNA XX COMMUNICABLE DISEASE LIMITATION Excludes coverage for pollution related liability unless such coverage was provided by underlying insurance. This endorsement adds an exclusion under Coverage A for bodily injury, property damage and personal and advertising injury arising out of transmission of a communicable disease, except if the injury or damage is covered by underlying insurance F DISTRICT OF COLUMBIA 17
392 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX LEASED AUTOMOBILE LIABILITY LIMITATION This endorsement provides that the Automobile or Mobile Equipment exclusion is amended to provide coverage the automobiles set forth on the endorsement that is leased to the Named Insured and owned by a specified insurance company. CNA XX COMMUNICABLE DISEASE LIMITATION SPECIFIED DISEASES This endorsement adds an exclusion under Coverage A for bodily injury, property damage and personal and advertising injury arising out of transmission of the specified communicable diseases set forth in the endorsement, except if the injury or damage is covered by underlying insurance. CNA XX AIRCRAFT OR WATERCRAFT LIMITATION Excludes coverage for liability arising out of the ownership, maintenance, operation, use, loading or unloading or entrustment to others of any aircraft and watercraft, unless such coverage was provided by underlying insurance. CNA XX AGGREGATE LIMIT This endorsement provides that where attached, it deletes language stating the Aggregate limit shown in the Declarations to the applicable policy shall be applied in the same matter as the applicable Aggregate limits in the underlying insurance or schedule of underlying insurance. CNA XX STATE SPECIFIC OPERATIONS LIMITATION Excludes coverage for liability arising out of any current or completed operations performed by the Named Insured, or on the Named Insured s behalf, in any state listed in the Schedule, unless such coverage was provided by underlying insurance F DISTRICT OF COLUMBIA 18
393 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX ELECTRONIC DATA LIABILITY CNA XX EMPLOYEES AND VOLUNTEER WORKERS AS INSUREDS EXCLUSION CNA XX WAIVER OF IMMUNITY CNA XX PROPERTY DAMAGE LIMITATION CNA XX WAIVER OF GOVERNMENTAL IMMUNITY PORT AUTHORITY OF NEW YORK AND NEW JERSEY This endorsement excludes coverage for liability arising of access to or disclosure of confidential or personal information and data related liability. It also amends the applicable Limits of Insurance and amends the definition of "property damage." Excludes coverage for the Named Insured's employees and volunteer workers. This amends Coverage B. Umbrella Liability of the Excess and Umbrella Policy and the Umbrella Policy by adding language stating that the Insurer will waive, in the adjustment of claims and the defense of suits against the Insured, any governmental or charitable immunity as applicable, of the Insured, unless the Insured requests in writing that the Insurer not do so. Excludes coverage for property damage, unless such coverage was provided by underlying insurance. This s amends the Excess and Umbrella Policy and the Umbrella Policy by adding language stating that the Insurer will not, without obtaining the express advance written permission from the General Counsel of the Port Authority of New York and New Jersey, raise any jurisdictional or immunity defenses regarding suits against the Port Authority F DISTRICT OF COLUMBIA 19
394 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX UNDERLYING INSURANCE COVERAGE LIMITATION This endorsement excludes coverage for liability arising out of underlying insurance coverage limitations and notes that in the event of any difference between exclusions, restrictions, and limiting terms or conditions in this Policy or in the underlying insurance addressing the same general risk or hazard, then the more restrictive provision shall apply. CNA XX TRUTH IN LENDING ACT LIABILITY EXCLUSION CNA XX INTELLECTUAL PROPERTY EXCLUSION CNA XX REQUIREMENTS OF INDEPENDENT COUNSEL CNA XX CONTRACTORS LIMITATION UMBRELLA LIABILITY LIMITED WRAP UP CVG Excludes coverage for liability for failure to comply with the Truth in Lending Act provisions of the Consumer Credit Protection Act. This endorsement excludes coverage for liability arising out of any actual or alleged infringement or violation of intellectual property rights or laws. Subject to the Policy to which it is attached, this endorsement outlines requirements of independent counsel where such counsel is selected by the insured. This endorsement defines and excludes coverage for liability arising out of architects and engineers professional services, explosion/collapse/underground hazards, exterior insulation and finish systems, subsidence, torch applied roofing, wrap ups, and fungi or other organic pathogens. CNA XX CONSTRUCTION LOAN EXCLUSION Excludes liability arising out of any building which was financed by the Insured or arising out of the Insured's status as a construction lender F DISTRICT OF COLUMBIA 20
395 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX LIMITATION OF COVERAGE REAL ESTATE OPERATIONS This endorsement amend the COVERAGE section under Umbrella Liability to state that with respect to real estate operations this insurance applies only to bodily injury, property damage or personal and advertising injury arising out of premises the Named Insured uses for office purposes or lists or shows for sale or rental. CNA XX ABSOLUTE ABUSE OR MOLESTATION LIMITATION This endorsement excludes all coverage for any actual, alleged or threatened abuse or molestation of any person by any person. Abuse or Molestation is defined by the endorsement. CNA XX FELLOW EMPLOYEE LIMITATION This endorsement amends the WHO IS AN INSURED section to state that subparagraphs a c do not apply to bodily injury to a co employee or volunteer worker to the extent such bodily injury is covered by underlying insurance. CNA XX WASTE EXCLUSION Excludes coverage for liability arising out of the disposal of waste by, on behalf of, or for any Insured. CNA XX TEXAS EMPLOYERS LIABILITY RETAINED AMOUNT This endorsement addresses coverage for damages a Texas Named Insured becomes legally obligated to pay because of the death of a Texas employee of the Named Insured where the Named Insured has an active statement of nonsubscription on file with the state Division of Workers Compensation F DISTRICT OF COLUMBIA 21
396 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX CONTRACTORS LIMITATION UMBRELLA LIABILITY CNA XX UNDERGROUND STORAGE TANKS EXCLUSION This endorsement defines and excludes coverage for liability arising out of architects and engineers professional services, explosion/collapse/underground hazards, exterior insulation and finish systems, subsidence, torch applied roofing, wrap ups, fungi or other organic pathogens, and work on residential structures. This amends the Excess and Umbrella Policy by adding an Exclusion under the Umbrella Liability Exclusions portion of the Exclusions section which precludes coverage for actual or alleged bodily injury, property damage or personal and advertising injury that would not have occurred in whole or in part but for the spilling, leaking or escaping of any contents of an underground storage tank, except if any underlying insurance would apply to such loss; a definition of underground storage tank is also added. The also amends the Umbrella Liability Policy by adding the same Exclusion and definition. CNA XX ACT OF TERRORISM SELF INSURED RETAINED AMOUNT Provides coverage for an act of terrorism, subject to a retained amount, notwithstanding that terrorism coverage was excluded in underlying insurance F DISTRICT OF COLUMBIA 22
397 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE MCS FOR MOTOR CARRIER POLICIES OF INSURANCE FOR PUBLIC LIABILITY UNDER SECTIONS 29 AND 30 OF THE MOTOR CARRIER ACT OF 1980 CNA XX FUNGI OR OTHER ORGANIC PATHOGENS EXCLUSION CNA XX TOTAL POLLUTION EXCLUSION WITH ALTERNATE POLLUTANTS DEFINITION CNA XX RECOGNITION OF EROSION OF UNDERLYING LIMITS BY SUBLIMITS CNA XX NUCLEAR ENERGY LIABILITY EXCLUSION Please note that this is already on file with your department. Excludes follow form coverage for liability arising out of fungi or other organic pathogens. Excludes all pollution related liability and provides a list of pollutants. Provides that the policy shall recognize any payments of sub limits made by the underlying insurer, and such payments shall erode the limits of such underlying insurance. Excludes coverage for liability arising out of the hazardous properties of nuclear material. CNA XX QUOTA SHARE This endorsement outlines the limits of insurance and schedule applicable to a quota share. CNA XX EMPLOYER S LIABILITY EXCLUSION CNA XX CORRECTION OF WORK EXCLUSION This endorsement excludes coverage for liability arising out of employee injury. Excludes coverage for fees, costs or expenses incurred by the Named Insured to minimize damages due to a negligent act, error or omission in the rendering of printing services. CNA XX SILICA EXCLUSION Excludes coverage arising out of the respiration or ingestion of, the presence of or exposure to, silica F DISTRICT OF COLUMBIA 23
398 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX UNDERLYING INSURANCE COVERAGE EXTENSION EXCLUSION This endorsement adds an exclusion to the Excess Follow Liability Exclusions portion of the Exclusion section of the Excess and Umbrella Policy, which precludes coverage for actual or alleged liability arising out of injury, damage, loss, cost or expense for which insurance is afforded under the coverage designated in the listed Schedule. CNA XX COVERAGE TERRITORY AMENDMENT PRODUCTS EXCLUSION CNA XX METAL GAS EXCLUSION COVERAGE B For coverage B only, deletes part of the coverage territory definition that includes other parts of the world if the injury or damage arises out of goods or products made or sold by the Named Insured domestically. This endorsement adds an exclusion under Coverage B for bodily injury, property damage or personal and advertising which would not have occurred but for exposure to metal gas or loss, cost, expense or damages arising out of clean up or testing for metal gas. CNA XX COMMUNICABLE DISEASE EXCLUSION COVERAGE B This endorsement adds an exclusion under Coverage B for liability arising out of the actual or alleged transmission of a communicable disease. CNA XX ELECTROMAGNETIC AND IONIZING RADIATION EXCLUSION COVERAGE B This endorsement adds an exclusion under Coverage B for bodily injury, property damage or personal or advertising injury or loss, cost or expense arising out of the release of electromagnetic or ionizing radiation F DISTRICT OF COLUMBIA 24
399 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX SUBSIDENCE EXCLUSION COVERAGE B CNA XX CONSTRUCTION MANAGEMENT ERRORS AND OMISSIONS EXCLUSION COVERAGE B This endorsement adds an exclusion under Coverage B for liability arising out of subsidence, and provides a definition of the term. This endorsement excludes all coverage for any actual or alleged liability arising out of the creation of maps, drawing, reports or surveys by an architect, engineer or surveyor for any project in which the Insured serves as construction manager. In addition, this endorsement excludes any actual or alleged liability arising out of any inspection or architectural services for any project in which the Insured serves as a construction manager. CNA XX REAL ESTATE PROPERTY MANAGED EXCLUSION COVERAGE B CNA XX ENGINEERS ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY EXCLUSION COVERAGE B CNA XX ABSOLUTE ABUSE OR MOLESTATION EXCLUSION COVERAGE B This endorsement adds an exclusion under Coverage B for property damage to property the Named Insured manages or operates. This endorsement adds and exclusion under Coverage B for any liability of Insured arising out of professional services by an architect, engineer, surveyor, landscape architect or soil or subsoil analyst. This endorsement excludes all coverage for any actual, alleged or threatened abuse or molestation of any person by any person. Abuse or Molestation is defined by the endorsement. The main parent endorsement is CNA F DISTRICT OF COLUMBIA 25
400 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX FORECLOSED PROPERTY EXCLUSION COVERAGE B This endorsement adds an exclusion under Coverage B for bodily injury, property damage or personal and advertising injury arising out of property or assets the Insured has acquired through foreclosure or repossession. CNA XX TRAVEL AGENCY TOURS LIMITATION OF COVERAGE COVERAGE B This endorsement amends the definition of coverage territory to state that paragraph C(2) does not apply with respect to tours conducted by the Named Insured. CNA XX PERSONAL AND ADVERTISING INJURY LIABILITY EXCLUSION COVERAGE B CNA XX POLYCHLORINATED BIPHENYLS PCBs EXCLUSION COVERAGE B This endorsement adds an exclusion under Coverage B for liability arising out of any actual or alleged personal and advertising injury. This endorsement adds an exclusion under Coverage B for injury, damage, legal obligation or loss arising out of PCBs. CNA XX MARITIME EMPLOYERS LIABILITY EXCLUSION COVERAGE B This endorsement excludes coverage for any master or member of the crew of any vessel. In addition this exclusion excludes coverage for any person subject to the Longshoreman's and Harbors Workers Act. CNA XX DIACETYL FLAVORINGS FRAGRANCES This endorsement adds an exclusion under AND SPECIFIED SUBSTANCES EXCLUSION COVERAGE B Coverage B for liability arising out of diacetyl, flavorings, fragrances, and specified substances. CNA XX PRESSURE TREATED WOOD EXCLUSION COVERAGE B CNA XX RADIOACTIVE MATTER EXCLUSION COVERAGE B This endorsement adds an exclusion under Coverage B for liability arising out of pressure treated wood. This endorsement adds an exclusion under Coverage B for liability arising out of radioactive matter F DISTRICT OF COLUMBIA 26
401 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX LEAD EXCLUSION COVERAGE B This endorsement adds an exclusion under Coverage B for liability arising out of lead. CNA XX EXTERIOR INSULATION AND FINISH SYSTEMS EXCLUSION COVERAGE B This endorsement adds an exclusion under Coverage B for liability arising out of exterior insulation and finish systems, and defines those terms therein. CNA XX DESIGNATED WORK EXCLUSION COVERAGE B CNA XX EXCLUSION OF THE FAILURE TO ADEQUATELY PROVIDE SERVICE COVERAGE B See description under CNA XX. The Exclusion applies to Coverage B. of the Excess Umbrella Policy. This endorsement provides an exclusion under Coverage B for liability arising out a failure to adequately provide internet access or telecommunication services. CNA XX FAILURE TO SUPPLY EXCLUSION COVERAGE B This endorsement adds an exclusion under Coverage B for bodily injury, property damage or personal and advertising injury arising out of the Insured's failure to adequately supply gas, oil, water, electricity, steam or fuel. CNA XX CONSTRUCTION LOAN EXCLUSION COVERAGE B CNA XX LIMITATION OF COVERAGE TO DESIGNATED PREMISES OR PROJECT COVERAGE B This endorsement adds an exclusion under Coverage B for liability arising out of construction loans. This endorsement excludes all coverage under the policy for any actual or alleged liability based on or arising out of the premises listed on the schedule or the project listed on the Schedule except to the extent that such liability is covered by underlying insurance. Note: this is the Coverage B endorsement F DISTRICT OF COLUMBIA 27
402 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX AIRCRAFT EXCLUSION COVERAGE B CNA XX PROFESSIONAL SERVICES EXCLUSION COVERAGE B This endorsement excludes all coverage under the policy for any actual or alleged liability based on or arising out of an aircraft. This endorsement adds an exclusion under Coverage B for bodily injury, property damage or personal and advertising injury arising out of professional services rendered by an Insured. CNA XX DESIGNATED ENTITY EXCLUSION COVERAGE B This endorsement excludes all coverage for any actual or alleged liability arising out of the operations or products of any person or entity listed on the Schedule. CNA XX DESIGNATED COVERAGE EXCLUSION COVERAGE B CNA XX MISDELIVERY OF LIQUID PRODUCTS EXCLUSION COVERAGE B CNA XX RESIDENTIAL CONVERSION EXCLUSION COVERAGE B This endorsement adds an exclusion under Coverage B for any actual or alleged liability arising out of the designated coverage in the Schedule. This endorsement adds an exclusion under coverage B for any actual or alleged liability arising out of the misdelivery of liquid products This endorsement adds an exclusion under Coverage B for bodily injury, property damage or personal and advertising injury arising out of any location converted into individually owned real estate, including condominiums F DISTRICT OF COLUMBIA 28
403 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX CONSTRUCTION OPERATIONS OR REAL ESTATE DEVELOPMENT LIMITATION COVERAGE B This endorsement adds an exclusion under Coverage B for bodily injury, property damage or personal and advertising injury arising out of construction operations or real estate development, except for nonstructural renovations to interior portion of building. CNA XX DESIGNATED PROFESSIONAL SERVICES EXCLUSION COVERAGE B This endorsement adds an exclusion under Coverage B for any liability arising out of the professional services listed in the schedule of the endorsement. CNA XX CONSTRUCTION OPERATIONS OR REAL ESTATE DEVELOPMENT EXCLUSION COVERAGE B This endorsement adds an exclusion under Coverage B for bodily injury, property damage or personal and advertising injury arising out of construction operations or real estate development. CNA XX ELECTRONIC DATA LIABILITY COVERAGE A This endorsement amends an exclusion under Coverage A for liability arising out of electronic data liability. CNA XX PRINTERS AND PUBLISHERS ERRORS AND OMISSIONS EXCLUSION COVERAGE B This endorsement provides an exclusion under Coverage B for liability arising out of printers errors and omissions CNA XX SPECIAL EVENTS EXCLUSION COVERAGE B CNA XX NANOTECHNOLOGY EXCLUSION COVERAGE B This endorsement provides an exclusion under Coverage B for liability arising out of special events. This endorsement provides an exclusion under Coverage B for liability arising out of nanotechnology F DISTRICT OF COLUMBIA 29
404 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX SPECIFIC COMMUNICABLE DISEASE EXCLUSION COVERAGE B This endorsement provides an exclusion under Coverage B for liability arising out of the actual or alleged transmission of specific communicable diseases. CNA XX TELECOMMUNICATION EQUIPMENT OR SERVICE PROVIDERS EXCLUSION COVERAGE B This endorsement provides an exclusion under Coverage B for liability arising out of telecommunication equipment or service providers. CNA XX INTELLECTUAL PROPERTY EXCLUSION COVERAGE B This endorsement provides an exclusion under Coverage B for liability arising out of intellectual property. CNA XX WASTE EXCLUSION COVERAGE B CNA XX WATERCRAFT EXCLUSION COVERAGE B CNA XX PRODUCTS COMPLETED OPERATIONS AND LEASED PRODUCTS EXCLUSION COVERAGE B This endorsement provides an exclusion under Coverage B for liability arising out of waste. This endorsement amends an exclusion under Coverage B for liability arising out of Aircraft, Auto, Watercraft, or mobile Equipment. This endorsement defines and provides an exclusion under Coverage B for liability arising out of products completed operations and leased products. CNA XX DESIGNATED ONGOING OPERATIONS EXCLUSION COVERAGE B CNA XX FINANCIAL SERVICE COMPANY AS INSURED EXCLUSION COVERAGE B Excludes coverage under Coverage B for liability arising out of ongoing operations described in the Schedule. This endorsement excludes all coverage arising out of the performance of financial services F DISTRICT OF COLUMBIA 30
405 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA XX TEXAS EMPLOYERS LIABILITY RETAINED AMOUNT COVERAGE B This endorsement addresses coverage for damages a Texas Named Insured becomes legally obligated to pay because of the death of a Texas employee of the Named Insured where the Named Insured has an active statement of no subscription on file with the state Division of Workers Compensation. CNA XX EXHAUSTION OF UNDERLYING LIMITS CNA XX CONTRACTORS LIMITATION EXCESS AND UMBRELLA LIABILITY This endorsement amends the Coverage A Excess Follow Liability to provide that the Insurer will pay on behalf of the Insured those damages in excess of the applicable underlying limits subject to the provisions stated therein. This endorsement defines and excludes coverage for liability arising out of architects and engineers professional services, explosion/collapse/underground hazards, exterior insulation and finish systems, subsidence, torch applied roofing, wrap ups, fungi or other organic pathogens, and work on residential structures. CNA XX NOTICE OFFER OF TERRORISM COVERAGE DISCLOSURE OF PREMIUM CNA XX NOTICE OFFER AND CONFIRMATION OF REJECTION OF TERRORISM COVERAGE DISCLOSURE OF PREMIUM Policyholder notice describing TRIA coverage and confirming acceptance of that coverage by the Named Insured. Policyholder notice describing TRIA coverage and confirming rejection of that coverage by the Named Insured. Mandatory Policyholder Notice Policyholder Notice F DISTRICT OF COLUMBIA 31
406 PARAMOUNT UMBRELLA PROGRAM FORMS FILING F DISTRICT OF COLUMBIA FORMS MEMORANDUM FORM NUMBER EDITION DATE FORM TITLE FORM DESCRIPTION ATTACHMENT_TYPE FORM_TYPE CNA DC CANCELLATION/NON RENEWAL DISTRICT OF COLUMBIA This endorsement amends the cancellation and non renewal provisions to bring them into compliance with state requirements. PLEASE NOTE THAT THIS FORM IS ALREADY ON FILE WITH YOUR DEPARTMENT AND APPROVED FOR USE WITH THE PARAMOUNT PROGRAM UNDER CNA FILING F. Mandatory F DISTRICT OF COLUMBIA 32
SERFF Tracking Number: CNAC-125272315 State: Arkansas First Filing Company: Continental Casualty Company,... State Tracking Number: AR-PC-07-025885
SERFF Tracking Number: CNAC-125272315 State: Arkansas First Filing Company: Continental Casualty Company,... State Tracking Number: AR-PC-07-025885 Company Tracking Number: 07-F2181-UMB TOI: 17.0 Other
Filing at a Glance. General Information
/ Filing at a Glance Companies: American Zurich Insurance Company, American Guarantee and Liability Insurance Company, Zurich American Insurance Company of Illinois, Zurich American Insurance Company Contractor/
TOI: 17.0 Other Liability-Occ/Claims Made Sub-TOI: 17.0001 Commercial General Liability
Care, Custody or Control- Self Storage Items- 97307 (2/08)/ Filing at a Glance Companies: American Home Assurance Company, American International South Insurance Company, AIG Casualty Company, Commerce
SERFF Tracking Number: AGNY-125606356 State: District of Columbia National Union Fire Insurance Company of. State Tracking Number: Pittsburgh, Pa.
SERFF Tracking Number: AGNY-125606356 State: District of Columbia Filing Company: National Union Fire Insurance Company of State Tracking Number: Pittsburgh, Pa. Company Tracking Number: AIC-08-EO-05 TOI:
SERFF Tracking Number: LMUG-125263431 State: Arkansas First Filing Company: Liberty Insurance Corporation,... State Tracking Number: AR-PC-07-025842
LC Tobacco Exclusion - LC 21 54 08 07/ Filing at a Glance Companies: Liberty Insurance Corporation, Liberty Mutual Fire Insurance Company, LM Insurance Corporation, Liberty Mutual Insurance Company, The
SERFF Tracking #: SMPJ-130229500 State Tracking #: Company Tracking #: 15-I-GL-9011
SERFF Tracking #: SMPJ-130229500 State Tracking #: Company Tracking #: 15-I-GL-9011 State: District of Columbia Filing Company: Sompo Japan Insurance Company of America TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims
SERFF Tracking #: HNVX-G129898950 State Tracking #: Company Tracking #: DC150350100010
Product Name: *MPL- Miscellaneous Professional Liability Filing at a Glance Company: Product Name: State: TOI: Sub-TOI: Filing Type: The Hanover Insurance Company *MPL- Miscellaneous Professional Liability
Filing at a Glance. General Information
InnKeepers Liability Coverage Endorsement (Bailment Coverage) 64002 (6/08)/ Filing at a Glance Companies: American Home Assurance Company, American International South Insurance Company, AIG Casualty Company,
SERFF Tracking Number: PHAR-125833359 State: District of Columbia Filing Company: Pharmacists Mutual Insurance Company State Tracking Number:
SERFF Tracking Number: PHAR-125833359 State: District of Columbia Filing Company: Pharmacists Mutual Insurance Company State Tracking Number: Company Tracking Number: DC-PHL/CSP-01-09-R TOI: 11.2 Medical
How To Insure A Car In The United States
Save As UCIP COVERAGE SUMMARY EXHIBIT 1A THE REGENTS OF THE UNIVERSITY OF CALIFORNIA UNIVERSITY CONTROLLED INSURANCE PROGRAM (UCIP) This Exhibit summarizes the UCIP Commercial General Liability, Workers
Filing at a Glance. General Information
SERFF Tracking Number: ZURC-126193280 State: Wisconsin First Filing Company: American Zurich Insurance Company,... State Tracking Number: Company Tracking Number: CW-GL-28564 TOI: 17.1 Other Liability-Occ
SERFF Tracking #: SMPJ-129807620 State Tracking #: Company Tracking #: 14-IR-WC-9018R
Product Name: Employers Liability WC Filing at a Glance Company: Product Name: State: TOI: Sub-TOI: Filing Type: Sompo Japan Insurance Company of America Employers Liability WC District of Columbia 16.0
Filing at a Glance. General Information. Company and Contact. Company: 13565 - Arkansas Mutual Insurance Company
SERFF Tracking Number: ARKS-126116216 State: Arkansas Filing Company: 13565 - Arkansas Mutual Insurance Company State Tracking Number: #1426 $25 Company Tracking Number: 2009-01 TOI: 11.2 Med Mal-Claims
Filing at a Glance. General Information. Company and Contact
11.0 - Claims Filing at a Glance Company: 00006 - INSURANCE SERVICES OFFICE, INC. SERFF Tr Num: ARKS-125411752 State: Arkansas 11.0 - Claims SERFF Status: Closed State Tr Num: #104677 $250 11.0000 Med
Filing at a Glance. General Information. Company and Contact
Filing at a Glance Companies: Great American Alliance Insurance Company, Great American Assurance Company, Great American Insurance Company, Great American Insurance Company of New York SERFF Tr Num: GRTA-125667912
TOI: 35.0 Interline Filings Sub-TOI: 35.0002 Commercial Interline Filings
SERFF Tracking Number: WAUS-125566396 State: Arkansas First Filing Company: Employers Insurance Company of Wausau,... State Tracking Number: EFT $50 Company Tracking Number: MSF-CW-004-08 TOI: 35.0 Interline
SERFF Tracking #: NCCI-127176855 State Tracking #: Company Tracking #: B-1423 (MJ)
SERFF Tracking #: NCCI-127176855 State Tracking #: Company Tracking #: B-1423 (MJ) State: Missouri Filing Company: NCCI TOI/Sub-TOI: 16.0 Workers Compensation/16.0004 Standard WC Product Name: B-1423 Elimination
SERFF Tracking Number: OHMG-127847315 State: Ohio Filing Company: Ohio Mutual Insurance Company State Tracking Number: OHMG-127847315
SERFF Tracking Number: OHMG-127847315 State: Ohio Filing Company: Ohio Mutual Insurance Company State Tracking Number: OHMG-127847315 Company Tracking Number: OTC01012012OH TOI: 33.0 Other Lines of Business
Filing at a Glance. Sagicor Life Insurance Company Baltimore Life/Sagicor Assumption District of Columbia L01.000 Life - Assumption Agreement
Filing at a Glance Company: State: TOI: Sub-TOI: Filing Type: Sagicor Life Insurance Company District of Columbia L01 Life - Assumption Agreement L01.000 Life - Assumption Agreement Date Submitted: 11/12/2014
TOI: 19.0 Personal Auto Sub-TOI: 19.0001 Private Passenger Auto (PPA)
/ Filing at a Glance Company: National General Insurance Company SERFF Tr Num: GMMX- State: Wisconsin G127107534 TOI: 19.0 Personal Auto SERFF Status: Closed-Filed State Tr Num: Sub-TOI: 19.0001 Private
Filing at a Glance. The Guardian Life Insurance Company of America. Product Name: DC 3/5/14 CI Filing
SERFF Tracking #: GARD-129444557 State Tracking #: Company Tracking #: State: District of Columbia Filing Company: The Guardian Life Insurance Company of America TOI/Sub-TOI: H07G Group Health - Specified
TOI: 04.0 Homeowners Sub-TOI: 04.0000 Homeowners Sub-TOI Combinations Revised Rule 521 Water Sewer Backup for HCIC
Project Name/Number: Homeowners Multi Peril/ Filing at a Glance Company: Hartford Casualty Insurance Company Revised Rule 521 Water Sewer SERFF Tr Num: HART-125929339 State: Arkansas Backup for HCIC TOI:
WHATS NEW ISO Form Changes Commercial General Liability Form Effective Date (4/13) Materials are copy written by Insurance Services Office, Inc.
WHATS NEW ISO Form Changes Commercial General Liability Form Effective Date (4/13) Materials are copy written by Insurance Services Office, Inc., In April of 2013 the ISO modified the Commercial Property
TOI: LTC03I Individual Long Term Care Sub-TOI: LTC03I.003 Other Individual Long Term Care- Other
SERFF Tracking Number: NALF-126305095 State: Arkansas Filing Company: National Life Insurance Company State Tracking Number: 43512 Company Tracking Number: TOI: LTC03I Individual Long Term Care Sub-TOI:
SAMPLE. Commercial Liability Coverage Part $506.00 Liquor Liability Coverage Part $45.00. See Endorsement EOD (1/95)
NEW Renewal of Number POLICY DECLARATIONS No. CL 1717481 NAMED INSURED AND ADDRESS: Test 123 Main Street New York, NY 10001 United States Liability Insurance Company 1190 Devon Park Drive, Wayne, Pennsylvania
BEACH & O'NEILL INSURANCE DAN SWAIN CITRUS HEIGHTS, CA SAMPLE POLICY PATRICK O'NEILL 11/13/13 33-NI2602
BEACH & O'NEILL INSURANCE CITRUS HEIGHTS, CA PATRICK O'NEILL 11/13/13 DAN SWAIN SAMPLE POLICY 33-NI2602 GL 0163 0812 GL 0068 1010. 1. Resume of Owner/Principals 2. Signed and Completed Acord Application
SERFF Tracking #: FHLA-129477086 State Tracking #: Company Tracking #: DCL6RATES
SERFF Tracking #: FHLA-129477086 State Tracking #: Company Tracking #: DCL6RATES State: District of Columbia Filing Company: Family Heritage Life Insurance Company of America TOI/Sub-TOI: Product Name:
SERFF Tracking #: MRTN-130013987 State Tracking #: Company Tracking #: CL DC008230200009
Product Name: Cover Pro Miscellaneous Professional Liability Short Renewal Application Filing at a Glance Company: Product Name: State: TOI: Sub-TOI: Filing Type: Philadelphia Indemnity Insurance Company
TOI: 17.0 Other Liability - Claims Made/Occurrence Sub-TOI: 17.0019 Professional Errors & Omissions Liability
SERFF Tracking Number: TRVD-125802076 State: Arkansas First Filing Company: The Charter Oak Fire Insurance Company,... State Tracking Number: EFT $50 Company Tracking Number: 2008-08-0066-F TOI: 17.0 Other
SERFF Tracking #: MEAM-128778084 State Tracking #: Company Tracking #: DC FC ACTUARIAL ADDENDUM_DISCOUNTS
SERFF Tracking #: MEAM-128778084 State Tracking #: Company Tracking #: DC FC ACTUARIAL ADDENDUM_DISCOUNTS State: District of Columbia Filing Company: MedAmerica Insurance Company TOI/Sub-TOI: LTC06 Long
OREGON MUTUAL INSURANCE COMPANY DIVISION SIX GENERAL LIABILITY EXCEPTION PAGES
S RULES 8. POLICY WRITING MINIMUM PREMIUM Paragraphs A.1. and B.1. are replaced by the following: A.1. Prepaid Policies $350 B.1. Annual Premium Payment Plan Policies $350 Paragraphs A.2. and B.2. are
Gordon L. Mountjoy & Associates, Inc.
INSURANCE REQUIREMENTS CHECKLIST Submit an Acord 25 form and the endorsements as required below. Your insurance must be in compliance immediately after you sign your subcontract and before you start work.
SERFF Tracking #: ZURC-128805817 State Tracking #: Company Tracking #: CW OL 35534
Product Name: Primary Health Care Liability Policy Endorsements Filing at a Glance Company: Product Name: State: TOI: Sub-TOI: Filing Type: Zurich American Insurance Company Primary Health Care Liability
TOI: 17.1 Other Liability - Claims Made Only SERFF Status: Closed State Tr Num: EFT $100 Sub-TOI: 17.1019 Professional Errors & Omissions Liability
SERFF Tracking Number: AGNY-125416150 State: Arkansas Filing Company: Company Tracking Number: National Union Fire Insurance Company of Pittsburgh, Pa. AIC-07-EO-08 State Tracking Number: EFT $100 TOI:
SERFF Tracking #: USAA-130216478 State Tracking #: Company Tracking #: PA1520097
State: Pennsylvania First Filing Company: Garrison Property and Casualty Insurance Company,... Filing at a Glance Companies: State: TOI: Sub-TOI: Filing Type: Garrison Property and Casualty Insurance Company
AR-MEDAMERICA DENIED CLAIMS, LAPSE/REPLACEMENT AND SUITABILITY REPORTS
TOI: LTC6 Long Term Care - Other Sub-TOI: LTC6. Long Term Care - Other AR-MedAmerica Denied Claims, Lapse/Replacement AR- MedAmerica Denied Claims, Lapse/Replacement /AR- MedAmerica Denied Claims, Lapse/Replacement
SERFF Tracking #: AMGN-130338720 State Tracking #: Company Tracking #: 109249-DC-2015, ET AL
SERFF Tracking #: AMGN-130338720 State Tracking #: Company Tracking #: 109249-DC-2015, ET AL State: District of Columbia Filing Company: American General Life Insurance Company TOI/Sub-TOI: L07I Individual
TOI: L07I Individual Life - Whole SERFF Status: Closed State Tr Num: Sub-TOI: L07I.121 Graded Premium - Single Co Tr Num: 11778
/11778 Filing at a Glance Company: CSI Life Insurance Company Graded Death Benefit Whole SERFF Tr Num: CSIN-125750219 State: Wisconsin Life Insurance TOI: L07I Individual Life - Whole SERFF Status: Closed
MINNESOTA STATE COLLEGES AND UNIVERSITIES General Insurance Requirements for Contractors & Vendors
Certificate of Liability Insurance, Form ACORD25: Following are the insurance requirements of the State of Minnesota acting through its Board of Trustees of the Minnesota State Colleges and Universities,
Closed Sub-TOI: L08.000 Life - Other Co Tr Num: AR0911952 State Status: Approved-Closed
Comparison (Replacement) Questionnaire/ Filing at a Glance Company: USAA Life Insurance Company Comparison (Replacement) SERFF Tr Num: UNSA-126298161 State: Arkansas Questionnaire (life) TOI: L08 Life
W.E. O NEIL CONSTRUCTION CO.
W.E. O NEIL CONSTRUCTION CO. INSURANCE REQUIREMENTS Project Name Project Address Subcontractor SHALL NOT COMMENCE WORK at the site until it has obtained and provided all insurance required by the Contract
MATTCON GENERAL CONTRACTORS, INC. INSURANCE SPECIFICATIONS EXHIBIT B INSURANCE Subcontractor shall obtain insurance of the types and in the amounts
MATTCON GENERAL CONTRACTORS, INC. INSURANCE SPECIFICATIONS EXHIBIT B INSURANCE Subcontractor shall obtain insurance of the types and in the amounts described below. The insurance shall be written by insurance
TOI: L08 Life - Other Sub-TOI: L08.000 Life - Other
SERFF Tracking Number: AMGN-126032695 State: Arkansas Filing Company: AIG Life Insurance Company State Tracking Number: 41647 Company Tracking Number: LIFE U/W QUESTIONNAIRES TOI: L08 Life - Other Sub-TOI:
AAIS Commercial Umbrella Liability Program
Policy Forms and Endorsements THIS REFERENCE GUIDE FEATURES FORMS CONTAINED IN THE COMMERCIAL UMBRELLA LIABITY PROGRAM 1.0 AND COMMERCIAL UMBRELLA LIABITY PROGRAM 09 10. IT IS WOLTERS KLUWER FINANCIAL
PREPARED BY: 2560 RIVER PARK PLAZA, SUITE 300 FORT WORTH, TEXAS (866) 738-6100 PULLENINS.COM
WYOMING YOUTH SOCCER 2013 / 2014 INSURANCE PROPOSAL PREPARED BY: 2560 RIVER PARK PLAZA, SUITE 300 FORT WORTH, TEXAS (866) 738-6100 PULLENINS.COM 2013 / 2014 Coverage Highlights Summary Player Medical and
SERFF Tracking #: SHPW-128659165 State Tracking #: Company Tracking #: INS-00071 (08/11) ADWORDS 1, 6, 7, 8, 9,...
SERFF Tracking #: SHPW-128659165 State Tracking #: Company Tracking #: INS-00071 (08/11) ADWORDS 1, 6, 7, 8, Filing at a Glance Company: Security Health Plan of Wisconsin, Inc. State: TOI: Sub-TOI: Filing
TOI: 17.2 Other Liability-Occ Only Sub-TOI: 17.2001 Commercial General Liability
/ Filing at a Glance Company: Great American Spirit Insurance Company SERFF Tr Num: GRTA-125596599 State: Wisconsin TOI: 17.2 Other Liability-Occ Only SERFF Status: Closed State Tr Num: Sub-TOI: 17.2001
LIMITS DOLLARS PERCENTAGE (%) SELF INSURED CAPTIVES % RISK RETENTION GROUPS % MULTIPLE EMPLOYER TRUSTS % MULTIPLE EMPLOYER WELFARE TRUSTS %
Pennsylvania National Mutual Casualty Insurance Company P.O. Box 2361 Harrisburg, PA 17105-2361 800-388-4764 phone 717-257-6960 fax GENERAL INFORMATION 1. APPLICANT 2. DATE 3. NEW RENEWAL 5. MAILING ADDRESS
SERFF Tracking #: MASS-130482511 State Tracking #: Company Tracking #: 2015 ANNUAL LTC REPORTS
SERFF Tracking #: MASS-130482511 State Tracking #: Company Tracking #: 2015 ANNUAL LTC REPORTS State: District of Columbia Filing Company: Massachusetts Mutual Life Insurance Company TOI/Sub-TOI: LTC06
INSURANCE REQUIREMENTS (A) This insert applies to the following State Contracts:
INSURANCE REQUIREMENTS (A) This insert applies to the following State Contracts: General Conditions of the Construction Contract Design/Bid/Build (SC-6.23), or Contractors Agreement Design/Bid/Build (SC-6.21),
DISTINGUISHED PROPERTIES UMBRELLA MANAGERS INC. RISK PURCHASING GROUP. LIMIT OF LIABILITY OPTIONS: (1) $1,000,000 or
DISTINGUISHED PROPERTIES UMBRELLA MANAGERS INC. RISK PURCHASING GROUP COMMERCIAL UMBRELLA LIABILITY MASTER INSURANCE POLICY LIMIT OF LIABILITY OPTIONS: (1) $1,000,000 or (2) $2,000,000 or (3) $5,000,000
A02I.003 Single Premium Variable Preparing To Never Need Long-term Care Seminar/I-22163
SERFF Tracking Number: AULD-126526295 State: Arkansas Filing Company: State Life Insurance Company State Tracking Number: 45159 Company Tracking Number: TOI: A02I Individual Annuities- Deferred Non- Sub-TOI:
SERFF Tracking #: ICCI-129123690 State Tracking #: Company Tracking #: B-BTP ACC-13-P-R
Product Name: Pan-Am Blanket Group Accident Policy B-BTP-ACC-13-P Filing at a Glance Company: Pan-American Life Insurance Company Product Name: Pan-Am Blanket Group Accident Policy B-BTP-ACC-13-P State:
Items 1-7 above shall not be subject to any of the following limiting or exclusionary endorsements:
Page 1 of 5 Supplier's Insurance. Before commencing the Work, and as a condition of any payment due under this Subcontract, Supplier shall, at its own expense, procure and maintain insurance on all of
TOI: 17.1 Other Liability - Claims Made Only Sub-TOI: 17.1019 Professional Errors & Omissions Liability
SERFF Tracking Number: CATL-125892402 State: Arkansas Filing Company: Catlin Insurance Company, Inc. State Tracking Number: EFT $100 Company Tracking Number: 08-OL-PL003-CW-AR-R TOI: 17.1 Other Liability
L09I.001 Single Life Adjustable Life Flexible Premium Adjustable Life Insurance Policy Kemper Investors Life Insurance Company/0146PAL02-08
SERFF Tracking Number: MLLM-126729865 State: Arkansas Filing Company: Kemper Investors Life Insurance Company State Tracking Number: 46401 Company Tracking Number: 0146PAL02-08 TOI: L09I Individual Life
TOI: VS01 Viatical Settlements Sub-TOI: VS01.000 Viatical Settlements Product Name:
Project Name/Number: Broker report revised/020 Filing at a Glance Company: Crump Life Insurance Services, Inc SERFF Tr Num: MI-127848599 State: Arkansas TOI: VS01 Viatical Settlements SERFF Status: Closed-Filed-
MAINE STATE HOUSING AUTHORITY INSURANCE REQUIREMENTS FOR MULTI-FAMILY AND SUPPORTIVE HOUSING
MAINE STATE HOUSING AUTHORITY INSURANCE REQUIREMENTS FOR MULTI-FAMILY AND SUPPORTIVE HOUSING The following insurance requirements apply to all multi-family residential rental projects and supportive housing
