common policy declarations · 2011-10-25 · sample clarendon national insurance schedule of forms...

SAMPLE

EBI PPP DEC 100 (05-02) of 1

Policy Number: Renewal of Number: NEW

Item 1. Named Insured and Mailing Address Agent Name and Address Sub-Producer

Item 2. Policy Period From: To:At 12:01AM Standard Time at the Mailing Address Shown Above

Item 3. This policy consists of the following coverage parts for which a premium is indicated this premium may besubject to adjustment.

PREMIUMBOILER AND MACHINERY COVERAGE PART $ NOT COVERED

COMMERCIAL AUTOMOBILE COVERAGE PART $

COMMERCIAL CRIME COVERAGE PART $ NOT COVERED

COMMERCIAL GENERAL LIABILITY COVERAGE PART $

COMMERCIAL INLAND MARINE COVERAGE PART $ NOT COVERED

COMMERCIAL PROPERTY COVERAGE PART $ NOT COVERED

EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART $ NOT COVERED

FARM COVERAGE PART $ NOT COVERED

LIQUOR LIABILITY COVERAGE PART $ NOT COVERED

POLLUTION LIABILITY COVERAGE PART $ NOT COVERED

PROFESSIONAL LIABILITY COVERAGE PART $ NOT COVERED

$

TOTAL: $

Premium shown is payable: $ at inception. $

Item 4. Form(s) and Endorsement(s) made a part of the policy at time of issue:

Countersigned:Date: ___________________________________ By: _____________________________________________

Authorized Representative

THIS POLICY TOGETHER WITH THE POLICY CONDITIONS, COVERAGE PARTS AND FORMS AND ENDORSEMENTS, IF ANY, COMPLETE THE ABOVE NUMBERED POLICY MBERED POLICY

Clarendon nationalClarendon National Insurance CompanyA Member of the Hannover Re Group

Statutory home office:224 West State St.Trenton NJ 08608

Administrative office:1177 Avenue of the AmericasNew York, NY 10036

COMMON POLICY DECLARATIONS

SAMPLE

CN 019 11 01 Page 1 of 1

CLARENDON NATIONAL INSURANCE COMPANY

In Witness Whereof, the Company has caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless countersigned by a duly authorized representative of the Company.

Dr. Detlef Steiner, President Gary Ketels, Secretary

SAMPLE

Clarendon national insuranceSCHEDULE OF FORMS

NAMED INSURED EFFECTIVE DATE POLICY NUMBER

COMMON SECTIONEBI PPP DEC 100 (05-02) Common Policy DeclarationsCN 019 11 01 Signature PageC-GLS-3 (02/94) Schedule of FormsENDORSEMENT NO. 1 Exclusion –Damage to Property ENDORSEMENT NO. 2 Exclusion – Liquor CoverageIL 00 17 11 98 Common Policy Conditions IL 00 21 04 98 Nuclear Energy Liability Exclusion Endorsement (BROAD FORM) IL 02 70 07 99 California Changes - Cancellation and Nonrenewal

GENERAL LIABILITYEBI CG DEC 100 (05-02) Commercial GL Coverage DeclarationsCG 00 01 10 01 Commercial General Liability Coverage FormIL 00 03 04 98 Calculation of PremiumEBI CG 304 (05-02) Exclusion of Aircraft LiabilityEBI CG 310 (05-02) Asbestos ExclusionEBI CG 319 (05-02) Entertainment Errors & Omissions ExclusionEBI CG 328 (05-02) Definition of Employee (Leased and Temporary)EBI CG 329 (05-02) Lead Exclusion CG 20 12 07 98 Additional lnsured – State or Political Subdivisions - Permit CG 21 46 07 98 Abuse or Molestation ExclusionCG 20 11 01 96 Additional Insured – Managers Or Lessors Of PremisesCG 21 47 07 98 Employment Related-Practices ExclusionCG 20 28 11 85 Additional Insured – Lessor of Leased EquipmntCG 20 26 11 85 Additional Insured – Designated Person or OrganizationEBI CG 324 (05-02) Aggregate Limits of Insurance (Per Operation)EBI CG 334 (05-02) Mobile Equipment Stunt, RacingEBI CG 338 (05-02) Entertainment Event NotificationEBI CG 336 (05-02) Unintentional Errors & OmissionsCG 21 01 11 85 Exclusion – Athletic or Sports ParticipantsEBI CG 346 (05-02) Definition of Named Insured (TULIP)EBI CG 339 (05-0 302) Excluded ActivitiesEBI CG 323 (05-02) Fireworks ExclusionCG 21 35 10 01 Exclusion – Coverage C – Medical PaymentsEBI CG 350 (05-02) Non-Performing Animal ExclusionEBI CG 345 (05-02) Monthly ReportingEBI CG 348 (05-02) Limits of Liability (TULIP)EBI CG 340 (05-02) Tulip Hazard Class I EventsEBI CG 341 (05-02) Tulip Hazard Class II Event(s) ScheduleEBI CG 342 (05-02) Tulip Hazard Class III Event(s) ScheduleCG 20 03 11 85 Additional Insured - Concessionaires Trading Under Your NameEBI CG 357 (05-02) Comparative Advertising ExclusionEBI CG 326 (05-02) Designated Products CoverageEBI CG 347 (05-02) Limitation of Coverage to Declared Events (TULIP)EBI LL DEC 101 (05-02) Liquor Liability DeclarationsCG 00 33 10 01 Liquor Coverage Form

SAMPLE

CG 21 70 11 02 Cap On Losses From Certified Acts Of Terrorism

EBI CG 315 (05-02) Entertainment Industry ExclusionNON OWNED AND HIRED AUTO

EBI CA DEC 100 0502 AUTO DECLARATIONS PAGE

CA 00 01 10 01 BUSINESS AUTO

EBI CA 303 0502 EXPLANATION OF PREMIUM BASIS

EBI CA 304 0502 FELLOW EMPLOYEE COVERAGE

EBI CA 307 0502 MEXICO ENDORSEMENT

EBI CA 310 0502 WHO IS AN INSURED AMENDED

CA 23 56 11 02 Cap On Losses From Certified Acts Of Terrorism

C-GLS-3 (02/94)

SAMPLE

Clarendon national insurance POLICY CHANGE ENDORSEMENT # 1


POLICY CHANGES ENDORSEMENT DESCRIPTION (CONT’D)

EXCLUSION – DAMAGE TO PROPERTY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

Section I – Coverages, Coverage A. Bodily Injury and Property Damage Liability, 2. Exclusions, is amended to read as follows:

j. Damage To Property

“Property damage”(1) Property you own, rent, or occupy, including any costs or expenses incurred by you, 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’sproperty;

(2) Premises you sell, give away or abandon, If the “property damage” arises out of any part of those premises;

(3) Property loaned to you;

(4) Personal property in the care, custody or control of the insured;

(5) That particular part of real property on which you or any contractors of subcontractors working directly or indirectly on your behalf are performing operations, if the “property damage” arises out of those operations; or

(6) That particular part of any property that must be restored, repaired or replaced because “your work” was incorrectly performed on it.

Paragraph (2) of this exclusion does not apply if the premises are “your work” and were never occupied, rented or held for rental by you.

Paragraph (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement.

Paragraph (6) of this exclusion does not apply to “property damage” included in the “product-completed operations hazard”.

Copyright, Insurance Services Office, Inc., 1983Copyright ISO Commercial Risk Services, Inc. 1983

Page 2 of 2 C-FC-55 (3/00)

SAMPLE

Clarendon National InsurancePOLICY CHANGE ENDORSEMENT # 2


POLICY CHANGES ENDORSMENT DESCRIPTION (CONT’D)

Section 2 Exclusions, c. Liquor Liability is amended as follows:

"Bodily injury" or "property damage" for which any insured may be held liable by reason of:

(1) Causing or contributing to the intoxication of any person;

(2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or

(3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages.

Page 1 of 1Copyright, Insurance Services Office, Inc., 1983

Copyright, ISO Commercial Risk Services, Inc., 1983 C-FC-55 (3/00)

SAMPLE

IL 00 17 11 98

IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 �

COMMON POLICY CONDITIONSAll Coverage Parts included in this policy are subject to the following conditions.

A. Cancellation

1. The first Named Insured shown in the Declara-tions may cancel this policy by mailing or deliv-ering to us advance written notice of cancella-tion.

2. We may cancel this policy by mailing or deliver-ing to the first Named Insured written notice ofcancellation at least:

a. 10 days before the effective date of cancel-lation if we cancel for nonpayment of pre-mium; or

b. 30 days before the effective date of cancel-lation if we cancel for any other reason.

3. We will mail or deliver our notice to the firstNamed Insured's last mailing address known to us.

4. Notice of cancellation will state the effectivedate of cancellation. The policy period will endon that date.

5. If this policy is cancelled, we will send the firstNamed Insured any premium refund due. If wecancel, the refund will be pro rata. If the firstNamed Insured cancels, the refund may beless than pro rata. The cancellation will be ef-fective even if we have not made or offered arefund.

6. If notice is mailed, proof of mailing will be suffi-cient proof of notice.

B. Changes

This policy contains all the agreements betweenyou and us concerning the insurance afforded.The first Named Insured shown in the Declarationsis authorized to make changes in the terms of thispolicy with our consent. This policy's terms can beamended or waived only by endorsement issuedby us and made a part of this policy.

C. Examination Of Your Books And Records

We may examine and audit your books and re-cords as they relate to this policy at any time dur-ing the policy period and up to three years after-ward.

D. Inspections And Surveys

1. We have the right to:

a. Make inspections and surveys at any time;

b. Give you reports on the conditions we find;and

c. Recommend changes.

2. We are not obligated to make any inspections,surveys, reports or recommendations and anysuch actions we do undertake relate only to in-surability and the premiums to be charged. Wedo not make safety inspections. We do not un-dertake to perform the duty of any person ororganization to provide for the health or safetyof workers or the public. And we do not warrant that conditions:

a. Are safe or healthful; or

b. Comply with laws, regulations, codes orstandards.

3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rateservice or similar organization which makes in-surance inspections, surveys, reports or rec-ommendations.

4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom-mendations we may make relative to certifica-tion, under state or municipal statutes, ordi-nances or regulations, of boilers, pressure ves-sels or elevators.

E. Premiums

The first Named Insured shown in the Declara-tions:

1. Is responsible for the payment of all premiums; and

2. Will be the payee for any return premiums wepay.

F. Transfer Of Your Rights And Duties Under This Policy

Your rights and duties under this policy may not be transferred without our written consent except inthe case of death of an individual named insured.

If you die, your rights and duties will be transferredto your legal representative but only while actingwithin the scope of duties as your legal representa-tive. Until your legal representative is appointed,anyone having proper temporary custody of yourproperty will have your rights and duties but onlywith respect to that property.

SAMPLE

INTERLINEIL 00 21 04 98



NUCLEAR ENERGY LIABILITY EXCLUSIONENDORSEMENT

(Broad Form)


BUSINESSOWNERS POLICYCOMMERCIAL AUTO COVERAGE PARTCOMMERCIAL GENERAL LIABILITY COVERAGE PARTEMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PARTFARM COVERAGE PARTLIQUOR LIABILITY COVERAGE PARTOWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PARTPOLLUTION LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PARTPROFESSIONAL LIABILITY COVERAGE PARTRAILROAD PROTECTIVE LIABILITY COVERAGE PARTSPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATIONUNDERGROUND STORAGE TANK POLICY

1. The insurance does not apply:

A. Under any Liability Coverage, to "bodily injury"or "property damage":

(1) With respect to which an "insured" underthe policy is also an insured under a nuclear energy liability policy issued by Nuclear En-ergy Liability Insurance Association, MutualAtomic Energy Liability Underwriters, Nu-clear Insurance Association of Canada orany of their successors, or would be an in-sured under any such policy but for its ter-mination upon exhaustion of its limit of liabil-ity; or

(2) Resulting from the "hazardous properties"of "nuclear material" and with respect towhich (a) any person or organization is re-quired to maintain financial protection pur-suant to the Atomic Energy Act of 1954, orany law amendatory thereof, or (b) the "in-sured" is, or had this policy not been issued would be, entitled to indemnity from theUnited States of America, or any agencythereof, under any agreement entered intoby the United States of America, or anyagency thereof, with any person or organi-zation.

B. Under any Medical Payments coverage, toexpenses incurred with respect to "bodily injury"resulting from the "hazardous properties" of"nuclear material" and arising out of the opera-tion of a "nuclear facility" by any person or or-ganization.

C. Under any Liability Coverage, to "bodily injury"or "property damage" resulting from "hazardous properties" of "nuclear material", if:

(1) The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on be-half of, an "insured" or (b) has been dis-charged or dispersed therefrom;

(2) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed,handled, used, processed, stored, trans-ported or disposed of, by or on behalf of an"insured"; or

(3) The "bodily injury" or "property damage"arises out of the furnishing by an "insured"of services, materials, parts or equipment in connection with the planning, construction,maintenance, operation or use of any "nu-clear facility", but if such facility is locatedwithin the United States of America, its terri-tories or possessions or Canada, this exclu-sion (3) applies only to "property damage" to such "nuclear facility" and any propertythereat.

2. As used in this endorsement:

"Hazardous properties" includes radioactive, toxicor explosive properties.

"Nuclear material" means "source material", "Spe-cial nuclear material" or "by-product material".

SAMPLE

Page 2 of 2 Copyright, Insurance Services Office, Inc., 1997 IL 00 21 04 98 �

"Source material", "special nuclear material", and"by-product material" have the meanings giventhem in the Atomic Energy Act of 1954 or in anylaw amendatory thereof.

"Spent fuel" means any fuel element or fuel com-ponent, solid or liquid, which has been used or ex-posed to radiation in a "nuclear reactor".

"Waste" means any waste material (a) containing"by-product material" other than the tailings orwastes produced by the extraction or concentrationof uranium or thorium from any ore processed pri-marily for its "source material" content, and (b) re-sulting from the operation by any person or organi-zation of any "nuclear facility" included under thefirst two paragraphs of the definition of "nuclear fa-cility".

"Nuclear facility" means:

(a) Any "nuclear reactor";

(b) Any equipment or device designed or usedfor (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spentfuel", or (3) handling, processing or packag-ing "waste";

(c) Any equipment or device used for the proc-essing, fabricating or alloying of "specialnuclear material" if at any time the totalamount of such material in the custody ofthe "insured" at the premises where suchequipment or device is located consists ofor contains more than 25 grams of pluto-nium or uranium 233 or any combinationthereof, or more than 250 grams of uranium 235;

(d) Any structure, basin, excavation, premisesor place prepared or used for the storage or disposal of "waste";

and includes the site on which any of the foregoing is located, all operations conducted on such siteand all premises used for such operations.

"Nuclear reactor" means any apparatus designedor used to sustain nuclear fission in a self-supporting chain reaction or to contain a criticalmass of fissionable material.

"Property damage" includes all forms of radioac-tive contamination of property.

SAMPLE

IL 02 70 07 99



CALIFORNIA CHANGES – CANCELLATIONAND NONRENEWAL


BOILER AND MACHINERY COVERAGE PARTBUSINESSOWNERS POLICYCOMMERCIAL AUTO COVERAGE PARTCOMMERCIAL CRIME COVERAGE PART*COMMERCIAL GENERAL LIABILITY COVERAGE PARTCOMMERCIAL INLAND MARINE COVERAGE PARTCOMMERCIAL PROPERTY COVERAGE PARTEMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PARTFARM COVERAGE PARTLIQUOR LIABILITY COVERAGE PARTPOLLUTION LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PARTPROFESSIONAL LIABILITY COVERAGE PART

*This endorsement does not apply to coverage provided for employee dishonesty (Coverage Form A), forgeryor alteration (Coverage Form B), or public employee dishonesty (Coverage Forms O and P).

A. Paragraphs 2. and 3. of the Cancellation Com-mon Policy Condition are replaced by the following:

2. All Policies In Effect For 60 Days Or Less

If this policy has been in effect for 60 days orless, and is not a renewal of a policy we havepreviously issued, we may cancel this policy bymailing or delivering to the first Named Insuredat the mailing address shown in the policy andto the producer of record, advance written no-tice of cancellation, stating the reason for can-cellation, at least:

a. 10 days before the effective date of cancel-lation if we cancel for:

(1) Nonpayment of premium; or

(2) Discovery of fraud or material misrepre-sentation by:

(a) Any insured or his or her representa-tive in obtaining this insurance; or

(b) You or your representative in pursu-ing a claim under this policy.

b. 30 days before the effective date of cancel-lation if we cancel for any other reason.

3. All Policies In Effect For More Than 60 Days

a. If this policy has been in effect for morethan 60 days, or is a renewal of a policy weissued, we may cancel this policy only uponthe occurrence, after the effective date ofthe policy, of one or more of the following:

(1) Nonpayment of premium, includingpayment due on a prior policy we issued and due during the current policy termcovering the same risks.

(2) Discovery of fraud or material misrepre-sentation by:

(a) Any insured or his or her representa-tive in obtaining this insurance; or

(b) You or your representative in pursu-ing a claim under this policy.

(3) A judgment by a court or an administra-tive tribunal that you have violated aCalifornia or Federal law, having as oneof its necessary elements an act whichmaterially increases any of the risks in-sured against.

(4) Discovery of willful or grossly negligentacts or omissions, or of any violations of state laws or regulations establishingsafety standards, by you or your repre-sentative, which materially increase anyof the risks insured against.

SAMPLE

Page 2 of 2 Copyright, Insurance Services Office, Inc., 1999 IL 02 70 07 99 �

(5) Failure by you or your representative toimplement reasonable loss control re-quirements, agreed to by you as a condi-tion of policy issuance, or which wereconditions precedent to our use of a par-ticular rate or rating plan, if that failurematerially increases any of the risks in-sured against.

(6) A determination by the Commissioner of Insurance that the:

(a) Loss of, or changes in, our reinsur-ance covering all or part of the riskwould threaten our financial integrityor solvency; or

(b) Continuation of the policy coveragewould:

(i) Place us in violation of Californialaw or the laws of the state where we are domiciled; or

(ii) Threaten our solvency.

(7) A change by you or your representativein the activities or property of the com-mercial or industrial enterprise, whichresults in a materially added, increasedor changed risk, unless the added, in-creased or changed risk is included inthe policy.

b. We will mail or deliver advance writtennotice of cancellation, stating the reason forcancellation, to the first Named Insured, atthe mailing address shown in the policy, and to the producer of record, at least:

(1) 10 days before the effective date ofcancellation if we cancel for a reasonlisted in Paragraph 3.a.(1) or 3.a.(2); or

(2) 30 days before the effective date ofcancellation if we cancel for any otherreason listed in Paragraph 3.a.

B. The following provision is added to the Cancella-tion Common Policy Condition:

7. Residential Property

This provision applies to coverage on realproperty which is used predominantly for resi-dential purposes and consisting of not morethan four dwelling units, and to coverage ontenants' household personal property in a resi-dential unit, if such coverage is written underone of the following:

Businessowners Policy

Commercial Property Coverage Part

Farm Coverage Part – Farm Property – FarmDwellings, Appurtenant Structures And House-hold Personal Property Coverage Form

a. If such coverage has been in effect for 60days or less, and is not a renewal of cover-age we previously issued, we may cancelthis coverage for any reason, except asprovided in b. and c. below.

b. We may not cancel this policy solely be-cause the first Named Insured has:

(1) Accepted an offer of earthquake cover-age; or

(2) Cancelled or did not renew a policyissued by the California Earthquake Au-thority (CEA) that included an earth-quake policy premium surcharge.

However, we shall cancel this policy if thefirst Named Insured has accepted a new orrenewal policy issued by the CEA that in-cludes an earthquake policy premium sur-charge but fails to pay the earthquake policy premium surcharge authorized by the CEA.

c. We may not cancel such coverage solelybecause corrosive soil conditions exist onthe premises. This Restriction (c.) appliesonly if coverage is subject to one of the fol-lowing, which exclude loss or damagecaused by or resulting from corrosive soilconditions:

(1) Businessowners Policy – Businessown-ers Special Property Coverage Form;

(2) Commercial Property Coverage Part –Causes Of Loss – Special Form; or

(3) Farm Coverage Part – Causes Of LossForm – Farm Property, Paragraph D.Covered Causes Of Loss – Special.

C. The following is added and supersedes any provi-sions to the contrary:

NONRENEWAL

1. Subject to the provisions of Paragraphs C.2.and C.3. below, if we elect not to renew thispolicy, we will mail or deliver written notice stat-ing the reason for nonrenewal to the firstNamed Insured shown in the Declarations andto the producer of record, at least 60 days, butnot more than 120 days, before the expirationor anniversary date.

We will mail or deliver our notice to the firstNamed Insured, and to the producer of record,at the mailing address shown in the policy.

SAMPLE


2. Residential Property

This provision applies to coverage on realproperty used predominantly for residentialpurposes and consisting of not more than fourdwelling units, and to coverage on tenants'household property contained in a residentialunit, if such coverage is written under one ofthe following:

Businessowners Policy

Commercial Property Coverage Part

Farm Coverage Part – Farm Property – FarmDwellings, Appurtenant Structures And House-hold Personal Property Coverage Form

a. We may elect not to renew such coveragefor any reason, except as provided in b., c.and d. below:

b. We will not refuse to renew such coveragesolely because the first Named Insured hasaccepted an offer of earthquake coverage.

However, the following applies only to in-surers who are associate participating in-surers as established by Cal. Ins. CodeSection 10089.16. We may elect not to re-new such coverage after the first NamedInsured has accepted an offer of earth-quake coverage, if one or more of the fol-lowing reasons applies:

(1) The nonrenewal is based on soundunderwriting principles that relate to thecoverages provided by this policy andthat are consistent with the approvedrating plan and related documents filedwith the Department of Insurance as re-quired by existing law;

(2) The Commissioner of Insurance findsthat the exposure to potential losses willthreaten our solvency or place us in ahazardous condition. A hazardous condi-tion includes, but is not limited to, a con-dition in which we make claims pay-ments for losses resulting from anearthquake that occurred within the pre-ceding two years and that required a re-duction in policyholder surplus of at least 25% for payment of those claims; or

(3) We have:

(a) Lost or experienced a substantialreduction in the availability or scopeof reinsurance coverage; or

(b) Experienced a substantial increase in the premium charged for reinsurance coverage of our residential propertyinsurance policies; and

the Commissioner has approved a planfor the nonrenewals that is fair and equi-table, and that is responsive to thechanges in our reinsurance position.

c. We will not refuse to renew such coveragesolely because the first Named Insured hascancelled or did not renew a policy, issuedby the California Earthquake Authority thatincluded an earthquake policy premium sur-charge.

d. We will not refuse to renew such coveragesolely because corrosive soil conditions ex-ist on the premises. This Restriction (d.)applies only if coverage is subject to one ofthe following, which exclude loss or damage caused by or resulting from corrosive soilconditions:

(1) Businessowners Policy – Businessown-ers Special Property Coverage Form;

(2) Commercial Property Coverage Part –Causes Of Loss – Special Form; or

(3) Farm Coverage Part – Causes Of LossForm – Farm Property, Paragraph D.Covered Causes Of Loss – Special.

3. We are not required to send notice of nonre-newal in the following situations:

a. If the transfer or renewal of a policy, without any changes in terms, conditions, or rates,is between us and a member of our insur-ance group.

b. If the policy has been extended for 90 daysor less, provided that notice has been given in accordance with Paragraph C.1.

c. If you have obtained replacement coverage, or if the first Named Insured has agreed, inwriting, within 60 days of the termination ofthe policy, to obtain that coverage.

d. If the policy is for a period of no more than60 days and you are notified at the time ofissuance that it will not be renewed.

e. If the first Named Insured requests achange in the terms or conditions or riskscovered by the policy within 60 days of theend of the policy period.

f. If we have made a written offer to the firstNamed Insured, in accordance with thetimeframes shown in Paragraph C.1., to re-new the policy under changed terms orconditions or at an increased premium rate, when the increase exceeds 25%.

SAMPLE

EBI CG DEC 100 (05-02) Page 1 of 2

Policy Number:Renewal of Number: NEW

Item 1. Named Insured and Mailing Address Agent Name and Address

AS PER COMMON DECLARATONS PAGE, PPP-DEC 100 (05-02).

Item 2. Policy Period AS PER COMMON DECLARATONS PAGE, PPP-DEC 100 (05-02).

Item 3. Limits of Insurance

General Aggregate Limit (Other Than Products-Completed Operations) $ NONE

Products-Completed Operations Aggregate Limit $ 1,000,000

Personal and Advertising Injury Limit $ 1,000,000

Each Occurrence Limit $ 1,000,000

Fire Damage Limit $ 50,000 Any One Fire

Medical Payment Limit $ EXCLUDED Any One Person

Item 4. Description of Business and Location of Premises

Form of Business Individual Corporation Joint Venture Partnership LLC Other

Business Description: Special Events

Locations of All Premises You Own, Rent or Occupy:

1 Various

Item 5. Premium Summary Estimated Annual Premium: $ Premium Due at Inception: $

Clarendon nationalClarendon National Insurance CompanyA Member of the Hannover Re Group

Statutory home office:224 West State St.Trenton NJ 08608

Administrative office:1177 Avenue of the AmericasNew York, NY 10036

COMMERCIAL GENERAL LIABILITYCOVERAGE PART DECLARATIONS

SAMPLE

EBI CG DEC 100 (05-02) Page 2 of 2

The Earned Premium shall be determined in accordance with rates shown below.

Rate PremiumLoc. Classification Code

No.Premium Basis

Prem/opsAll

Other Prem/opsAll

Other

Sub Total

Additional Coverages:

Policy Premium: $

Taxes, Surcharges and Fees: $

Total Premium: $

Subject to General Liability policy Minimum Premium of $ regardless of term.

Premium Basis:

(a) Area(e) Each(g) Gross Production Cost(p) Payroll(s) Sales(m) Admissions(t) Unit

Item 6. Form(s) and Endorsement(s) made a part of the policy at time of issue:

C-GLS-3 (02-94)

Countersigned:Date: ___________________________________ By: __________________________________________________

THIS POLICY TOGETHER WITH THE POLICY CONDITIONS, COVERAGE PARTS AND FORMS AND ENDORSEMENTS, IF ANY, COMPLETE THE ABOVE NUMBERED POLICY

SAMPLE

COMMERCIAL GENERAL LIABILITYCG 00 01 10 01

CG 00 01 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 �

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

Various provisions in this policy restrict coverage.Read the entire policy carefully to determine rights,duties and what is and is not covered.

Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, andany other person or organization qualifying as aNamed Insured under this policy. The words "we", "us" and "our" refer to the company providing this insur-ance.

The word "insured" means any person or organization qualifying as such under Section II – Who Is An In-sured.

Other words and phrases that appear in quotationmarks have special meaning. Refer to Section V –Definitions.

SECTION I – COVERAGES

COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY

1. Insuring Agreement

a. We will pay those sums that the insured be-comes legally obligated to pay as damages be-cause of "bodily injury" or "property damage" to which this insurance applies. We will have theright and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any"suit" seeking damages for "bodily injury" or"property damage" to which this insurance does not apply. We may, at our discretion, investi-gate any "occurrence" and settle any claim or"suit" that may result. But:

(1) The amount we will pay for damages islimited as described in Section III – LimitsOf Insurance; and

(2) Our right and duty to defend ends when wehave used up the applicable limit of insur-ance in the payment of judgments or set-tlements under Coverages A or B or medi-cal expenses under Coverage C.

No other obligation or liability to pay sums orperform acts or services is covered unless ex-plicitly provided for under Supplementary Pay-ments – Coverages A and B.

b. This insurance applies to "bodily injury" and"property damage" only if:

(1) The "bodily injury" or "property damage" iscaused by an "occurrence" that takes placein the "coverage territory";

(2) The "bodily injury" or "property damage"occurs during the policy period; and

(3) Prior to the policy period, no insured listedunder Paragraph 1. of Section II – Who IsAn Insured and no "employee" authorizedby you to give or receive notice of an "oc-currence" or claim, knew that the "bodily in-jury" or "property damage" had occurred, inwhole or in part. If such a listed insured orauthorized "employee" knew, prior to thepolicy period, that the "bodily injury" or"property damage" occurred, then any con-tinuation, change or resumption of such"bodily injury" or "property damage" duringor after the policy period will be deemed tohave been known prior to the policy period.

c. "Bodily injury" or "property damage" whichoccurs during the policy period and was not,prior to the policy period, known to have oc-curred by any insured listed under Paragraph 1.of Section II – Who Is An Insured or any "em-ployee" authorized by you to give or receive no-tice of an "occurrence" or claim, includes anycontinuation, change or resumption of that"bodily injury" or "property damage" after theend of the policy period.

d. "Bodily injury" or "property damage" will bedeemed to have been known to have occurredat the earliest time when any insured listed un-der Paragraph 1. of Section II – Who Is An In-sured or any "employee" authorized by you togive or receive notice of an "occurrence" orclaim:

(1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other in-surer;

(2) Receives a written or verbal demand orclaim for damages because of the "bodilyinjury" or "property damage"; or

(3) Becomes aware by any other means that"bodily injury" or "property damage" has oc-curred or has begun to occur.

SAMPLE

Page 2 of 2 © ISO Properties, Inc., 2000 CG 00 01 10 01 �

e. Damages because of "bodily injury" includedamages claimed by any person or organiza-tion for care, loss of services or death resultingat any time from the "bodily injury".

2. Exclusions

This insurance does not apply to:

a. Expected Or Intended Injury

"Bodily injury" or "property damage" expectedor intended from the standpoint of the insured.This exclusion does not apply to "bodily injury"resulting from the use of reasonable force toprotect persons or property.

b. Contractual Liability

"Bodily injury" or "property damage" for whichthe insured is obligated to pay damages byreason of the assumption of liability in a con-tract or agreement. This exclusion does notapply to liability for damages:

(1) That the insured would have in the absence of the contract or agreement; or

(2) Assumed in a contract or agreement that isan "insured contract", provided the "bodilyinjury" or "property damage" occurs subse-quent to the execution of the contract oragreement. Solely for the purposes of liabil-ity assumed in an "insured contract", rea-sonable attorney fees and necessary litiga-tion expenses incurred by or for a partyother than an insured are deemed to bedamages because of "bodily injury" or"property damage", provided:

(a) Liability to such party for, or for the costof, that party's defense has also beenassumed in the same "insured contract"; and

(b) Such attorney fees and litigation ex-penses are for defense of that partyagainst a civil or alternative dispute reso-lution proceeding in which damages towhich this insurance applies are alleged.

c. Liquor Liability

"Bodily injury" or "property damage" for whichany insured may be held liable by reason of:

(1) Causing or contributing to the intoxication of any person;

(2) The furnishing of alcoholic beverages to aperson under the legal drinking age or un-der the influence of alcohol; or

(3) Any statute, ordinance or regulation relatingto the sale, gift, distribution or use of alco-holic beverages.

This exclusion applies only if you are in thebusiness of manufacturing, distributing, selling,serving or furnishing alcoholic beverages.

d. Workers' Compensation And Similar Laws

Any obligation of the insured under a workers'compensation, disability benefits or unemploy-ment compensation law or any similar law.

e. Employer's Liability

"Bodily injury" to:

(1) An "employee" of the insured arising out ofand in the course of:

(a) Employment by the insured; or

(b) Performing duties related to the conductof the insured's business; or

(2) The spouse, child, parent, brother or sisterof that "employee" as a consequence ofParagraph (1) above.

This exclusion applies:

(1) Whether the insured may be liable as anemployer or in any other capacity; and

(2) To any obligation to share damages with orrepay someone else who must pay dam-ages because of the injury.

This exclusion does not apply to liability as-sumed by the insured under an "insured con-tract".

SAMPLE


f. Pollution

(1) "Bodily injury" or "property damage" arisingout of the actual, alleged or threatened dis-charge, dispersal, seepage, migration, re-lease or escape of "pollutants":

(a) At or from any premises, site or locationwhich is or was at any time owned oroccupied by, or rented or loaned to, anyinsured. However, this subparagraphdoes not apply to:

(i) "Bodily injury" if sustained within abuilding and caused by smoke,fumes, vapor or soot from equipment used to heat that building;

(ii) "Bodily injury" or "property damage"for which you may be held liable, ifyou are a contractor and the owneror lessee of such premises, site orlocation has been added to your pol-icy as an additional insured with re-spect to your ongoing operations per-formed for that additional insured atthat premises, site or location andsuch premises, site or location is notand never was owned or occupiedby, or rented or loaned to, any in-sured, other than that additional in-sured; or

(iii) "Bodily injury" or "property damage"arising out of heat, smoke or fumesfrom a "hostile fire";

(b) At or from any premises, site or locationwhich is or was at any time used by orfor any insured or others for the han-dling, storage, disposal, processing ortreatment of waste;

(c) Which are or were at any time trans-ported, handled, stored, treated, dis-posed of, or processed as waste by orfor:

(i) Any insured; or

(ii) Any person or organization for whom you may be legally responsible; or

(d) At or from any premises, site or locationon which any insured or any contractorsor subcontractors working directly or in-directly on any insured's behalf are per-forming operations if the "pollutants" arebrought on or to the premises, site or lo-cation in connection with such opera-tions by such insured, contractor or sub-contractor. However, this subparagraphdoes not apply to:

(i) "Bodily injury" or "property damage"arising out of the escape of fuels, lu-bricants or other operating fluidswhich are needed to perform thenormal electrical, hydraulic or me-chanical functions necessary for theoperation of "mobile equipment" orits parts, if such fuels, lubricants orother operating fluids escape from avehicle part designed to hold, storeor receive them. This exception does not apply if the "bodily injury" or"property damage" arises out of theintentional discharge, dispersal or re-lease of the fuels, lubricants or otheroperating fluids, or if such fuels, lu-bricants or other operating fluids arebrought on or to the premises, site or location with the intent that they bedischarged, dispersed or released as part of the operations being per-formed by such insured, contractoror subcontractor;

(ii) "Bodily injury" or "property damage"sustained within a building andcaused by the release of gases,fumes or vapors from materialsbrought into that building in connec-tion with operations being performedby you or on your behalf by a con-tractor or subcontractor; or

(iii) "Bodily injury" or "property damage"arising out of heat, smoke or fumesfrom a "hostile fire".

SAMPLE


(e) At or from any premises, site or locationon which any insured or any contractorsor subcontractors working directly or in-directly on any insured's behalf are per-forming operations if the operations areto test for, monitor, clean up, remove,contain, treat, detoxify or neutralize, or in any way respond to, or assess the ef-fects of, "pollutants".

(2) Any loss, cost or expense arising out of any:

(a) Request, demand, order or statutory orregulatory requirement that any insuredor others test for, monitor, clean up, re-move, contain, treat, detoxify or neutral-ize, or in any way respond to, or assessthe effects of, "pollutants"; or

(b) Claim or "suit" by or on behalf of a gov-ernmental authority for damages be-cause of testing for, monitoring, cleaning up, removing, containing, treating, de-toxifying or neutralizing, or in any wayresponding to, or assessing the effectsof, "pollutants".

However, this paragraph does not apply toliability for damages because of "propertydamage" that the insured would have in theabsence of such request, demand, order orstatutory or regulatory requirement, or suchclaim or "suit" by or on behalf of a govern-mental authority.

g. Aircraft, Auto Or Watercraft

"Bodily injury" or "property damage" arising outof the ownership, maintenance, use or en-trustment to others of any aircraft, "auto" or wa-tercraft owned or operated by or rented orloaned to any insured. Use includes operationand "loading or unloading".

This exclusion applies even if the claimsagainst any insured allege negligence or otherwrongdoing in the supervision, hiring, employ-ment, training or monitoring of others by thatinsured, if the "occurrence" which caused the"bodily injury" or "property damage" involvedthe ownership, maintenance, use or entrust-ment to others of any aircraft, "auto" or water-craft that is owned or operated by or rented orloaned to any insured.

This exclusion does not apply to:

(1) A watercraft while ashore on premises youown or rent;

(2) A watercraft you do not own that is:

(a) Less than 26 feet long; and

(b) Not being used to carry persons orproperty for a charge;

(3) Parking an "auto" on, or on the ways nextto, premises you own or rent, provided the"auto" is not owned by or rented or loanedto you or the insured;

(4) Liability assumed under any "insured con-tract" for the ownership, maintenance oruse of aircraft or watercraft; or

(5) "Bodily injury" or "property damage" arisingout of the operation of any of the equipment listed in Paragraph f.(2) or f.(3) of the defini-tion of "mobile equipment".

h. Mobile Equipment

"Bodily injury" or "property damage" arising outof:

(1) The transportation of "mobile equipment" byan "auto" owned or operated by or rented or loaned to any insured; or

(2) The use of "mobile equipment" in, or whilein practice for, or while being prepared for,any prearranged racing, speed, demolition,or stunting activity.

i. War

"Bodily injury" or "property damage" due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrec-tion, rebellion or revolution. This exclusion ap-plies only to liability assumed under a contractor agreement.

j. Damage To Property

"Property damage" to:

(1) Property you own, rent, or occupy, including any costs or expenses incurred by you, orany other person, organization or entity, forrepair, replacement, enhancement, restora-tion or maintenance of such property for any reason, including prevention of injury to aperson or damage to another's property;

(2) Premises you sell, give away or abandon, ifthe "property damage" arises out of any part of those premises;

(3) Property loaned to you;

(4) Personal property in the care, custody orcontrol of the insured;

(5) That particular part of real property on which you or any contractors or subcontractorsworking directly or indirectly on your behalfare performing operations, if the "propertydamage" arises out of those operations; or

(6) That particular part of any property thatmust be restored, repaired or replaced be-cause "your work" was incorrectly per-formed on it.

SAMPLE


Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other thandamage by fire) to premises, including the con-tents of such premises, rented to you for a pe-riod of 7 or fewer consecutive days. A separatelimit of insurance applies to Damage To Prem-ises Rented To You as described in Section III– Limits Of Insurance.

Paragraph (2) of this exclusion does not apply if the premises are "your work" and were neveroccupied, rented or held for rental by you.

Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a side-track agreement.

Paragraph (6) of this exclusion does not applyto "property damage" included in the "products-completed operations hazard".

k. Damage To Your Product

"Property damage" to "your product" arising out of it or any part of it.

l. Damage To Your Work

"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 damagedwork or the work out of which the damagearises was performed on your behalf by a sub-contractor.

m. Damage To Impaired Property Or Property Not Physically Injured

"Property damage" to "impaired property" orproperty that has not been physically injured,arising out of:

(1) A defect, deficiency, inadequacy or danger-ous condition in "your product" or "yourwork"; or

(2) A delay or failure by you or anyone actingon your behalf to perform a contract oragreement in accordance with its terms.

This exclusion does not apply to the loss of use of other property arising out of sudden and ac-cidental physical injury to "your product" or"your work" after it has been put to its intendeduse.

n. Recall Of Products, Work Or Impaired Property

Damages claimed for any loss, cost or expense incurred by you or others for the loss of use,withdrawal, recall, inspection, repair, replace-ment, adjustment, removal or disposal of:

(1) "Your product";

(2) "Your work"; or

(3) "Impaired property";

if such product, work, or property is withdrawnor recalled from the market or from use by anyperson or organization because of a known orsuspected defect, deficiency, inadequacy ordangerous condition in it.

o. Personal And Advertising Injury

"Bodily injury" arising out of "personal and ad-vertising injury".

Exclusions c. through n. do not apply to damageby fire to premises while rented to you or temporar-ily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III – Limits Of Insurance.

COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY


a. We will pay those sums that the insured be-comes legally obligated to pay as damages be-cause of "personal and advertising injury" towhich this insurance applies. We will have theright and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any"suit" seeking damages for "personal and ad-vertising injury" to which this insurance doesnot apply. We may, at our discretion, investi-gate any offense and settle any claim or "suit"that may result. But:

(1) The amount we will pay for damages islimited as described in Section III – LimitsOf Insurance ; and

(2) Our right and duty to defend end when wehave used up the applicable limit of insur-ance in the payment of judgments or set-tlements under Coverages A or B or medi-cal expenses under Coverage C.

SAMPLE


No other obligation or liability to pay sums orperform acts or services is covered unless ex-plicitly provided for under Supplementary Pay-ments – Coverages A and B.

b. This insurance applies to "personal and adver-tising injury" caused by an offense arising out of your business but only if the offense was com-mitted in the "coverage territory" during the pol-icy period.

2. Exclusions


a. Knowing Violation Of Rights Of Another

"Personal and advertising injury" caused by orat the direction of the insured with the knowl-edge that the act would violate the rights of an-other and would inflict "personal and advertis-ing injury".

b. Material Published With Knowledge Of Falsity

"Personal and advertising injury" arising out oforal or written publication of material, if done by or at the direction of the insured with knowl-edge of its falsity.

c. Material Published Prior To Policy Period

"Personal and advertising injury" arising out oforal or written publication of material whosefirst publication took place before the beginning of the policy period.

d. Criminal Acts

"Personal and advertising injury" arising out ofa criminal act committed by or at the directionof the insured.

e. Contractual Liability

"Personal and advertising injury" for which theinsured has assumed liability in a contract oragreement. This exclusion does not apply to li-ability for damages that the insured would have in the absence of the contract or agreement.

f. Breach Of Contract

"Personal and advertising injury" arising out ofa breach of contract, except an implied contract to use another's advertising idea in your "adver-tisement".

g. Quality Or Performance Of Goods – Failure To Conform To Statements

"Personal and advertising injury" arising out ofthe failure of goods, products or services toconform with any statement of quality or per-formance made in your "advertisement".

h. Wrong Description Of Prices

"Personal and advertising injury" arising out ofthe wrong description of the price of goods,products or services stated in your "advertise-ment".

i. Infringement Of Copyright, Patent, Trademark Or Trade Secret

"Personal and advertising injury" arising out ofthe infringement of copyright, patent, trade-mark, trade secret or other intellectual propertyrights.

However, this exclusion does not apply to in-fringement, in your "advertisement", of copy-right, trade dress or slogan.

j. Insureds In Media And Internet Type Businesses

"Personal and advertising injury" committed byan insured whose business is:

(1) Advertising, broadcasting, publishing ortelecasting;

(2) Designing or determining content of web-sites for others; or

(3) An Internet search, access, content or ser-vice provider.

However, this exclusion does not apply toParagraphs 14.a., b. and c. of "personal andadvertising injury" under the Definitions Sec-tion.

For the purposes of this exclusion, the placingof frames, borders or links, or advertising, foryou or others anywhere on the Internet, is notby itself, considered the business of advertis-ing, broadcasting, publishing or telecasting.

k. Electronic Chatrooms Or Bulletin Boards

"Personal and advertising injury" arising out ofan electronic chatroom or bulletin board the in-sured hosts, owns, or over which the insuredexercises control.

SAMPLE


l. Unauthorized Use Of Another's Name Or Product

"Personal and advertising injury" arising out ofthe unauthorized use of another's name orproduct in your e-mail address, domain nameor metatag, or any other similar tactics to mis-lead another's potential customers.

m. Pollution

"Personal and advertising injury" arising out ofthe actual, alleged or threatened discharge,dispersal, seepage, migration, release or es-cape of "pollutants" at any time.

n. Pollution-Related

Any loss, cost or expense arising out of any:

(1) Request, demand or order that any insuredor others test for, monitor, clean up, re-move, contain, treat, detoxify or neutralize,or in any way respond to, or assess the ef-fects of, "pollutants"; or

(2) Claim or suit by or on behalf of a govern-mental authority for damages because oftesting for, monitoring, cleaning up, remov-ing, containing, treating, detoxifying or neu-tralizing, or in any way responding to, or as-sessing the effects of, "pollutants".

COVERAGE C MEDICAL PAYMENTS


a. We will pay medical expenses as describedbelow for "bodily injury" caused by an accident:

(1) On premises you own or rent;

(2) On ways next to premises you own or rent;or

(3) Because of your operations;

provided that:

(1) The accident takes place in the "coverageterritory" and during the policy period;

(2) The expenses are incurred and reported tous within one year of the date of the acci-dent; and

(3) The injured person submits to examination,at our expense, by physicians of our choiceas often as we reasonably require.

b. We will make these payments regardless offault. These payments will not exceed the ap-plicable limit of insurance. We will pay reason-able expenses for:

(1) First aid administered at the time of anaccident;

(2) Necessary medical, surgical, x-ray anddental services, including prosthetic de-vices; and

(3) Necessary ambulance, hospital, profes-sional nursing and funeral services.

2. Exclusions

We will not pay expenses for "bodily injury":

a. Any Insured

To any insured, except "volunteer workers".

b. Hired Person

To a person hired to do work for or on behalf of any insured or a tenant of any insured.

c. Injury On Normally Occupied Premises

To a person injured on that part of premisesyou own or rent that the person normally occu-pies.

d. Workers Compensation And Similar Laws

To a person, whether or not an "employee" ofany insured, if benefits for the "bodily injury" are payable or must be provided under a workers'compensation or disability benefits law or asimilar law.

e. Athletics Activities

To a person injured while taking part in athlet-ics.

f. Products-Completed Operations Hazard

Included within the "products-completed opera-tions hazard".

g. Coverage A Exclusions

Excluded under Coverage A.

h. War

Due to war, whether or not declared, or any act or condition incident to war. War includes civilwar, insurrection, rebellion or revolution.

SUPPLEMENTARY PAYMENTS – COVERAGES A AND B

1. We will pay, with respect to any claim we investi-gate or settle, or any "suit" against an insured wedefend:

a. All expenses we incur.

SAMPLE


b. Up to $250 for cost of bail bonds required be-cause of accidents or traffic law violations aris-ing out of the use of any vehicle to which theBodily Injury Liability Coverage applies. We donot have to furnish these bonds.

c. The cost of bonds to release attachments, butonly for bond amounts within the applicablelimit of insurance. We do not have to furnishthese bonds.

d. All reasonable expenses incurred by the in-sured at our request to assist us in the investi-gation or defense of the claim or "suit", includ-ing actual loss of earnings up to $250 a daybecause of time off from work.

e. All costs taxed against the insured in the "suit".

f. Prejudgment interest awarded against theinsured on that part of the judgment we pay. Ifwe make an offer to pay the applicable limit ofinsurance, we will not pay any prejudgment in-terest based on that period of time after the of-fer.

g. All interest on the full amount of any judgmentthat accrues after entry of the judgment and be-fore we have paid, offered to pay, or depositedin court the part of the judgment that is withinthe applicable limit of insurance.

These payments will not reduce the limits of insur-ance.

2. If we defend an insured against a "suit" and anindemnitee of the insured is also named as a partyto the "suit", we will defend that indemnitee if all of the following conditions are met:

a. The "suit" against the indemnitee seeks dam-ages for which the insured has assumed the li-ability of the indemnitee in a contract or agree-ment that is an "insured contract";

b. This insurance applies to such liability assumed by the insured;

c. The obligation to defend, or the cost of thedefense of, that indemnitee, has also been as-sumed by the insured in the same "insuredcontract";

d. The allegations in the "suit" and the information we know about the "occurrence" are such thatno conflict appears to exist between the inter-ests of the insured and the interests of the in-demnitee;

e. The indemnitee and the insured ask us to con-duct and control the defense of that indemnitee against such "suit" and agree that we can as-sign the same counsel to defend the insuredand the indemnitee; and

f. The indemnitee:

(1) Agrees in writing to:

(a) Cooperate with us in the investigation,settlement or defense of the "suit";

(b) Immediately send us copies of any de-mands, notices, summonses or legalpapers received in connection with the"suit";

(c) Notify any other insurer whose coverageis available to the indemnitee; and

(d) Cooperate with us with respect to coor-dinating other applicable insuranceavailable to the indemnitee; and

(2) Provides us with written authorization to:

(a) Obtain records and other informationrelated to the "suit"; and

(b) Conduct and control the defense of theindemnitee in such "suit".

So long as the above conditions are met, attor-neys' fees incurred by us in the defense of that in-demnitee, necessary litigation expenses incurredby us and necessary litigation expenses incurredby the indemnitee at our request will be paid asSupplementary Payments. Notwithstanding theprovisions of Paragraph 2.b.(2) of Section I – Cov-erage A – Bodily Injury And Property Damage Li-ability, such payments will not be deemed to bedamages for "bodily injury" and "property damage"and will not reduce the limits of insurance.

Our obligation to defend an insured's indemniteeand to pay for attorneys' fees and necessary litiga-tion expenses as Supplementary Payments endswhen:

a. We have used up the applicable limit of insur-ance in the payment of judgments or settle-ments; or

b. The conditions set forth above, or the terms ofthe agreement described in Paragraph f.above, are no longer met.

SAMPLE


SECTION II – WHO IS AN INSURED

1. If you are designated in the Declarations as:

a. An individual, you and your spouse are insur-eds, but only with respect to the conduct of abusiness of which you are the sole owner.

b. A partnership or joint venture, you are an in-sured. Your members, your partners, and theirspouses are also insureds, but only with re-spect to the conduct of your business.

c. A limited liability company, you are an insured.Your members are also insureds, but only withrespect to the conduct of your business. Yourmanagers are insureds, but only with respect to their duties as your managers.

d. An organization other than a partnership, jointventure or limited liability company, you are aninsured. Your "executive officers" and directorsare insureds, but only with respect to their du-ties as your officers or directors. Your stock-holders are also insureds, but only with respect to their liability as stockholders.

e. A trust, you are an insured. Your trustees arealso insureds, but only with respect to their du-ties as trustees.

2. Each of the following is also an insured:

a. Your "volunteer workers" only while performingduties related to the conduct of your business,or your "employees", other than either your"executive officers" (if you are an organizationother than a partnership, joint venture or limited liability company) or your managers (if you area limited liability company), but only for actswithin the scope of their employment by you orwhile performing duties related to the conductof your business. However, none of these "em-ployees" or "volunteer workers" are insuredsfor:

(1) "Bodily injury" or "personal and advertisinginjury":

(a) To you, to your partners or members (ifyou are a partnership or joint venture), to your members (if you are a limited liabil-ity company), to a co-"employee" whilein the course of his or her employmentor performing duties related to the con-duct of your business, or to your other"volunteer workers" while performing du-ties related to the conduct of your busi-ness;

(b) To the spouse, child, parent, brother orsister of that co-"employee" or "volunteer worker" as a consequence of Paragraph(1)(a) above;

(c) For which there is any obligation toshare damages with or repay someoneelse who must pay damages because of the injury described in Paragraphs (1)(a)or (b) above; or

(d) Arising out of his or her providing orfailing to provide professional healthcare services.

(2) "Property damage" to property:

(a) Owned, occupied or used by,

(b) Rented to, in the care, custody or control of, or over which physical control is be-ing exercised for any purpose by

you, any of your "employees", "volunteerworkers", any partner or member (if you are a partnership or joint venture), or any mem-ber (if you are a limited liability company).

b. Any person (other than your "employee" or"volunteer worker"), or any organization whileacting as your real estate manager.

c. Any person or organization having proper tem-porary custody of your property if you die, butonly:

(1) With respect to liability arising out of themaintenance or use of that property; and

(2) Until your legal representative has beenappointed.

d. Your legal representative if you die, but onlywith respect to duties as such. That representa-tive will have all your rights and duties underthis Coverage Part.

3. With respect to "mobile equipment" registered inyour name under any motor vehicle registrationlaw, any person is an insured while driving suchequipment along a public highway with your per-mission. Any other person or organization respon-sible for the conduct of such person is also an in-sured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to:

a. "Bodily injury" to a co-"employee" of the person driving the equipment; or

b. "Property damage" to property owned by,rented to, in the charge of or occupied by youor the employer of any person who is an in-sured under this provision.

SAMPLE


4. Any organization you newly acquire or form, otherthan a partnership, joint venture or limited liabilitycompany, and over which you maintain ownershipor majority interest, will qualify as a Named Insured if there is no other similar insurance available tothat organization. However:

a. Coverage under this provision is afforded onlyuntil the 90th day after you acquire or form theorganization or the end of the policy period,whichever is earlier;

b. Coverage A does not apply to "bodily injury" or"property damage" that occurred before youacquired or formed the organization; and

c. Coverage B does not apply to "personal andadvertising injury" arising out of an offensecommitted before you acquired or formed theorganization.

No person or organization is an insured with respectto the conduct of any current or past partnership, jointventure or limited liability company that is not shownas a Named Insured in the Declarations.

SECTION III – LIMITS OF INSURANCE

1. The Limits of Insurance shown in the Declarationsand the rules below fix the most we will payregardless of the number of:

a. Insureds;

b. Claims made or "suits" brought; or

c. Persons or organizations making claims orbringing "suits".

2. The General Aggregate Limit is the most we willpay for the sum of:

a. Medical expenses under Coverage C;

b. Damages under Coverage A, except damagesbecause of "bodily injury" or "property damage"included in the "products-completed operationshazard"; and

c. Damages under Coverage B.

3. The Products-Completed Operations AggregateLimit is the most we will pay under Coverage A for damages because of "bodily injury" and "propertydamage" included in the "products-completed op-erations hazard".

4. Subject to 2. above, the Personal and AdvertisingInjury Limit is the most we will pay under Coverage B for the sum of all damages because of all "per-sonal and advertising injury" sustained by any oneperson or organization.

5. Subject to 2. or 3. above, whichever applies, theEach Occurrence Limit is the most we will pay forthe sum of:

a. Damages under Coverage A; and

b. Medical expenses under Coverage C

because of all "bodily injury" and "property dam-age" arising out of any one "occurrence".

6. Subject to 5. above, the Damage To PremisesRented To You Limit is the most we will pay underCoverage A for damages because of "propertydamage" to any one premises, while rented to you, or in the case of damage by fire, while rented toyou or temporarily occupied by you with permission of the owner.

7. Subject to 5. above, the Medical Expense Limit isthe most we will pay under Coverage C for allmedical expenses because of "bodily injury" sus-tained by any one person.

The Limits of Insurance of this Coverage Part applyseparately to each consecutive annual period and toany remaining period of less than 12 months, startingwith the beginning of the policy period shown in theDeclarations, unless the policy period is extendedafter issuance for an additional period of less than 12months. In that case, the additional period will bedeemed part of the last preceding period for purposes of determining the Limits of Insurance.

SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS

1. Bankruptcy

Bankruptcy or insolvency of the insured or of theinsured's estate will not relieve us of our obliga-tions under this Coverage Part.

2. Duties In The Event Of Occurrence, Offense, Claim Or Suit

a. You must see to it that we are notified as soonas practicable of an "occurrence" or an offense which may result in a claim. To the extent pos-sible, notice should include:

(1) How, when and where the "occurrence" oroffense took place;

(2) The names and addresses of any injuredpersons and witnesses; and

(3) The nature and location of any injury ordamage arising out of the "occurrence" oroffense.

SAMPLE


b. If a claim is made or "suit" is brought againstany insured, you must:

(1) Immediately record the specifics of theclaim or "suit" and the date received; and

(2) Notify us as soon as practicable.

You must see to it that we receive written no-tice of the claim or "suit" as soon as practica-ble.

c. You and any other involved insured must:

(1) Immediately send us copies of any de-mands, notices, summonses or legal pa-pers received in connection with the claimor "suit";

(2) Authorize us to obtain records and otherinformation;

(3) Cooperate with us in the investigation orsettlement of the claim or defense againstthe "suit"; and

(4) Assist us, upon our request, in the en-forcement of any right against any person or organization which may be liable to the in-sured because of injury or damage to which this insurance may also apply.

d. No insured will, except at that insured's owncost, voluntarily make a payment, assume anyobligation, or incur any expense, other than forfirst aid, without our consent.

3. Legal Action Against Us

No person or organization has a right under thisCoverage Part:

a. To join us as a party or otherwise bring us intoa "suit" asking for damages from an insured; or

b. To sue us on this Coverage Part unless all ofits terms have been fully complied with.

A person or organization may sue us to recover on an agreed settlement or on a final judgmentagainst an insured; but we will not be liable fordamages that are not payable under the terms ofthis Coverage Part or that are in excess of the ap-plicable limit of insurance. An agreed settlementmeans a settlement and release of liability signedby us, the insured and the claimant or the claim-ant's legal representative.

4. Other Insurance

If other valid and collectible insurance is availableto the insured for a loss we cover under Cover-ages A or B of this Coverage Part, our obligations are limited as follows:

a. Primary Insurance

This insurance is primary except when b. below applies. If this insurance is primary, our obliga-tions are not affected unless any of the otherinsurance is also primary. Then, we will sharewith all that other insurance by the method de-scribed in c. below.

b. Excess Insurance

This insurance is excess over:

(1) Any of the other insurance, whether pri-mary, excess, contingent or on any otherbasis:

(a) That is Fire, Extended Coverage,Builder's Risk, Installation Risk or similar coverage for "your work";

(b) That is Fire insurance for premisesrented to you or temporarily occupied byyou with permission of the owner;

(c) That is insurance purchased by you tocover your liability as a tenant for "prop-erty damage" to premises rented to youor temporarily occupied by you withpermission of the owner; or

(d) If the loss arises out of the maintenanceor use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. ofSection I – Coverage A – Bodily InjuryAnd Property Damage Liability.

(2) Any other primary insurance available toyou covering liability for damages arisingout of the premises or operations for whichyou have been added as an additional in-sured by attachment of an endorsement.

SAMPLE


When this insurance is excess, we will have no duty under Coverages A or B to defend the in-sured against any "suit" if any other insurer has a duty to defend the insured against that "suit".If no other insurer defends, we will undertake to do so, but we will be entitled to the insured'srights against all those other insurers.

When this insurance is excess over other in-surance, we will pay only our share of theamount of the loss, if any, that exceeds thesum of:

(1) The total amount that all such other insur-ance would pay for the loss in the absenceof this insurance; and

(2) The total of all deductible and self-insuredamounts under all that other insurance.

We will share the remaining loss, if any, withany other insurance that is not described in this Excess Insurance provision and was notbought specifically to apply in excess of theLimits of Insurance shown in the Declarationsof this Coverage Part.

c. Method Of Sharing

If all of the other insurance permits contribution by equal shares, we will follow this methodalso. Under this approach each insurer contrib-utes equal amounts until it has paid its applica-ble limit of insurance or none of the loss re-mains, whichever comes first.

If any of the other insurance does not permitcontribution by equal shares, we will contributeby limits. Under this method, each insurer'sshare is based on the ratio of its applicable limit of insurance to the total applicable limits of in-surance of all insurers.

5. Premium Audit

a. We will compute all premiums for this Cover-age Part in accordance with our rules andrates.

b. Premium shown in this Coverage Part as ad-vance premium is a deposit premium only. Atthe close of each audit period we will computethe earned premium for that period and sendnotice to the first Named Insured. The due date for audit and retrospective premiums is thedate shown as the due date on the bill. If thesum of the advance and audit premiums paidfor the policy period is greater than the earnedpremium, we will return the excess to the firstNamed Insured.

c. The first Named Insured must keep records ofthe information we need for premium computa-tion, and send us copies at such times as wemay request.

6. Representations

By accepting this policy, you agree:

a. The statements in the Declarations are accu-rate and complete;

b. Those statements are based upon representa-tions you made to us; and

c. We have issued this policy in reliance uponyour representations.

7. Separation Of Insureds

Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in thisCoverage Part to the first Named Insured, this in-surance applies:

a. As if each Named Insured were the onlyNamed Insured; and

b. Separately to each insured against whom claim is made or "suit" is brought.

8. Transfer Of Rights Of Recovery Against Others To Us

If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insuredmust do nothing after loss to impair them. At ourrequest, the insured will bring "suit" or transferthose rights to us and help us enforce them.

9. When We Do Not Renew

If we decide not to renew this Coverage Part, wewill mail or deliver to the first Named Insuredshown in the Declarations written notice of thenonrenewal not less than 30 days before the expi-ration date.

If notice is mailed, proof of mailing will be sufficient proof of notice.

SECTION V – DEFINITIONS

1. "Advertisement" means a notice that is broadcastor published to the general public or specific mar-ket segments about your goods, products or ser-vices for the purpose of attracting customers orsupporters. For the purposes of this definition:

a. Notices that are published include materialplaced on the Internet or on similar electronicmeans of communication; and

b. Regarding web-sites, only that part of a web-site that is about your goods, products or ser-vices for the purposes of attracting customersor supporters is considered an advertisement.

2. "Auto" means a land motor vehicle, trailer or semi-trailer designed for travel on public roads, including any attached machinery or equipment. But "auto"does not include "mobile equipment".

SAMPLE


3. "Bodily injury" means bodily injury, sickness ordisease sustained by a person, including death re-sulting from any of these at any time.

4. "Coverage territory" means:

a. The United States of America (including itsterritories and possessions), Puerto Rico andCanada;

b. International waters or airspace, but only if theinjury or damage occurs in the course of travelor transportation between any places includedin a. above; or

c. All other parts of the world if the injury or dam-age arises out of:

(1) Goods or products made or sold by you inthe territory described in a. above;

(2) The activities of a person whose home is inthe territory described in a. above, but isaway for a short time on your business; or

(3) "Personal and advertising injury" offensesthat take place through the Internet or simi-lar electronic means of communication

provided the insured's responsibility to pay dam-ages is determined in a "suit" on the merits, in theterritory described in a. above or in a settlementwe agree to.

5. "Employee" includes a "leased worker". "Em-ployee" does not include a "temporary worker".

6. "Executive officer" means a person holding any ofthe officer positions created by your charter,constitution, by-laws or any other similar governing document.

7. "Hostile fire" means one which becomes uncontrol-lable or breaks out from where it was intended tobe.

8. "Impaired property" means tangible property, otherthan "your product" or "your work", that cannot beused or is less useful because:

a. It incorporates "your product" or "your work"that is known or thought to be defective, defi-cient, inadequate or dangerous; or

b. You have failed to fulfill the terms of a contractor agreement;

if such property can be restored to use by:

a. The repair, replacement, adjustment or re-moval of "your product" or "your work"; or

b. Your fulfilling the terms of the contract oragreement.

9. "Insured contract" means:

a. A contract for a lease of premises. However,that portion of the contract for a lease of prem-ises that indemnifies any person or organiza-tion for damage by fire to premises while rented to you or temporarily occupied by you withpermission of the owner is not an "insured con-tract";

b. A sidetrack agreement;

c. Any easement or license agreement, except inconnection with construction or demolition op-erations on or within 50 feet of a railroad;

d. An obligation, as required by ordinance, toindemnify a municipality, except in connectionwith work for a municipality;

e. An elevator maintenance agreement;

f. That part of any other contract or agreementpertaining to your business (including an in-demnification of a municipality in connectionwith work performed for a municipality) underwhich you assume the tort liability of anotherparty to pay for "bodily injury" or "property dam-age" to a third person or organization. Tort li-ability means a liability that would be imposedby law in the absence of any contract oragreement.

Paragraph f. does not include that part of anycontract or agreement:

(1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of con-struction or demolition operations, within 50feet of any railroad property and affectingany railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing;

(2) That indemnifies an architect, engineer orsurveyor for injury or damage arising out of:

(a) Preparing, approving, or failing to pre-pare or approve, maps, shop drawings,opinions, reports, surveys, field orders,change orders or drawings and specifi-cations; or

(b) Giving directions or instructions, or fail-ing to give them, if that is the primarycause of the injury or damage; or

(3) Under which the insured, if an architect,engineer or surveyor, assumes liability foran injury or damage arising out of the in-sured's rendering or failure to render pro-fessional services, including those listed in(2) above and supervisory, inspection,architectural or engineering activities.

SAMPLE


10. "Leased worker" means a person leased to you bya labor leasing firm under an agreement betweenyou and the labor leasing firm, to perform dutiesrelated to the conduct of your business. "Leasedworker" does not include a "temporary worker".

11. "Loading or unloading" means the handling ofproperty:

a. After it is moved from the place where it isaccepted 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, water-craft or "auto" to the place where it is finally de-livered;

but "loading or unloading" does not include themovement of property by means of a mechanicaldevice, other than a hand truck, that is not at-tached to the aircraft, watercraft or "auto".

12. "Mobile equipment" means any of the followingtypes of land vehicles, including any attached ma-chinery or equipment:

a. Bulldozers, farm machinery, forklifts and othervehicles designed for use principally off publicroads;

b. Vehicles maintained for use solely on or next to premises you own or rent;

c. Vehicles that travel on crawler treads;

d. Vehicles, whether self-propelled or not, main-tained primarily to provide mobility to perma-nently mounted:

(1) Power cranes, shovels, loaders, diggers ordrills; or

(2) Road construction or resurfacing equipment such as graders, scrapers or rollers;

e. Vehicles not described in a., b., c. or d. abovethat are not self-propelled and are maintainedprimarily to provide mobility to permanently at-tached equipment of the following types:

(1) Air compressors, pumps and generators,including spraying, welding, building clean-ing, geophysical exploration, lighting andwell servicing equipment; or

(2) Cherry pickers and similar devices used toraise or lower workers;

f. Vehicles not described in a., b., c. or d. abovemaintained primarily for purposes other thanthe transportation of persons or cargo.

However, self-propelled vehicles with the fol-lowing types of permanently attached equip-ment are not "mobile equipment" but will beconsidered "autos":

(1) Equipment designed primarily for:

(a) Snow removal;

(b) Road maintenance, but not constructionor resurfacing; or

(c) Street cleaning;

(2) Cherry pickers and similar devices mounted on automobile or truck chassis and used toraise or lower workers; and

(3) Air compressors, pumps and generators,including spraying, welding, building clean-ing, geophysical exploration, lighting andwell servicing equipment.

13. "Occurrence" means an accident, including con-tinuous or repeated exposure to substantially thesame general harmful conditions.

14. "Personal and advertising injury" means injury,including consequential "bodily injury", arising outof one or more of the following offenses:

a. False arrest, detention or imprisonment;

b. Malicious prosecution;

c. The wrongful eviction from, wrongful entry into,or invasion of the right of private occupancy ofa room, dwelling or premises that a person oc-cupies, committed by or on behalf of its owner, landlord or lessor;

d. Oral or written publication, in any manner, ofmaterial that slanders or libels a person or or-ganization or disparages a person's or organi-zation's goods, products or services;

e. Oral or written publication, in any manner, ofmaterial that violates a person's right of privacy;

f. The use of another's advertising idea in your"advertisement"; or

g. Infringing upon another's copyright, trade dress or slogan in your "advertisement".

SAMPLE


15. "Pollutants" mean any solid, liquid, gaseous orthermal irritant or contaminant, including smoke,vapor, soot, fumes, acids, alkalis, chemicals andwaste. Waste includes materials to be recycled,reconditioned or reclaimed.

16. "Products-completed operations hazard":

a. Includes all "bodily injury" and "property dam-age" occurring away from premises you own or rent and arising out of "your product" or "yourwork" except:

(1) Products that are still in your physical pos-session; or

(2) Work that has not yet been completed orabandoned. However, "your work" will bedeemed completed at the earliest of the fol-lowing times:

(a) When all of the work called for in yourcontract has been completed.

(b) When all of the work to be done at thejob site has been completed if your con-tract calls for work at more than one jobsite.

(c) When that part of the work done at a job site has been put to its intended use byany person or organization other thananother contractor or subcontractorworking on the same project.

Work that may need service, maintenance,correction, repair or replacement, but whichis otherwise complete, will be treated ascompleted.

b. Does not include "bodily injury" or "propertydamage" arising out of:

(1) The transportation of property, unless theinjury or damage arises out of a condition in or on a vehicle not owned or operated byyou, and that condition was created by the"loading or unloading" of that vehicle by anyinsured;

(2) The existence of tools, uninstalled equip-ment or abandoned or unused materials; or

(3) Products or operations for which the classi-fication, listed in the Declarations or in a pol-icy schedule, states that products-completed operations are subject to theGeneral Aggregate Limit.

17. "Property damage" means:

a. Physical injury to tangible property, including all resulting loss of use of that property. All suchloss of use shall be deemed to occur at thetime of the physical injury that caused it; or

b. Loss of use of tangible property that is notphysically injured. All such loss of use shall bedeemed to occur at the time of the "occur-rence" that caused it.

For the purposes of this insurance, electronic datais not tangible property.

As used in this definition, electronic data means in-formation, facts or programs stored as or on, cre-ated or used on, or transmitted to or from com-puter software, including systems and applicationssoftware, hard or floppy disks, CD-ROMS, tapes,drives, cells, data processing devices or any othermedia which are used with electronically controlled equipment.

18. "Suit" means a civil proceeding in which damagesbecause of "bodily injury", "property damage" or"personal and advertising injury" to which this in-surance applies are alleged. "Suit" includes:

a. An arbitration proceeding in which such dam-ages are claimed and to which the insuredmust submit or does submit with our consent;or

b. Any other alternative dispute resolution pro-ceeding in which such damages are claimedand to which the insured submits with our con-sent.

19. "Temporary worker" means a person who is fur-nished to you to substitute for a permanent "em-ployee" on leave or to meet seasonal or short-termworkload conditions.

20. "Volunteer worker" means a person who is notyour "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee,salary or other compensation by you or anyoneelse for their work performed for you.

21. "Your product":

a. Means:

(1) Any goods or products, other than realproperty, manufactured, sold, handled, dis-tributed or disposed of by:

(a) You;

(b) Others trading under your name; or

(c) A person or organization whose busi-ness or assets you have acquired; and

(2) Containers (other than vehicles), materials,parts or equipment furnished in connectionwith such goods or products.

SAMPLE


b. Includes

(1) Warranties or representations made at anytime with respect to the fitness, quality, du-rability, performance or use of "your prod-uct"; and

(2) The providing of or failure to provide warn-ings or instructions.

c. Does not include vending machines or otherproperty rented to or located for the use of oth-ers but not sold.

22. "Your work":

a. Means:

(1) Work or operations performed by you or onyour behalf; and

(2) Materials, parts or equipment furnished inconnection with such work or operations.

b. Includes

(1) Warranties or representations made at anytime with respect to the fitness, quality, du-rability, performance or use of "your work",and

(2) The providing of or failure to provide warn-ings or instructions.

SAMPLE

INTERLINEIL 00 03 04 98



CALCULATION OF PREMIUM


BOILER AND MACHINERY COVERAGE PARTBUSINESSOWNERS POLICYCOMMERCIAL AUTOMOBILE COVERAGE PARTCOMMERCIAL CRIME COVERAGE PARTCOMMERCIAL GENERAL LIABILITY COVERAGE PARTCOMMERCIAL INLAND MARINE COVERAGE PARTCOMMERCIAL PROPERTY COVERAGE PARTEMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PARTFARM COVERAGE PARTLIQUOR LIABILITY COVERAGE PARTOWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PARTPOLLUTION LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PARTPROFESSIONAL LIABILITY COVERAGE PARTRAILROAD PROTECTIVE LIABILITY COVERAGE PARTSPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY – NEW YORK

The following is added:

The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. On each renewal, continuation, or anniversary of the effective date of this policy, we will compute the premium inaccordance with our rates and rules then in effect.

SAMPLE

EBI CG 304 (05-02) Page 1 of 1 �

COMMERCIAL GENERAL LIABILITY


AIRCRAFT EXCLUSION



The policy does not apply to any liability arising out of the ownership, maintenance, use, leasing, hiring, renting,borrowing, lending, loading or unloading of aircraft, whether owned by the Insured or others.

This exclusion does not apply to a non-owned aircraft while used as a prop by the Insured for filming operations or exhibitions unless the aircraft is being operated under its own power.

SAMPLE

EBI CG 310 (05-02) Page 1 of 1 �



ASBESTOS EXCLUSION



Notwithstanding any other provision contained or incorporated in this policy, this insurance does not apply to “Bodily Injury”, “Property Damage”, “Personal Injury”, “Advertising Injury”, or any other injury or damage, or to any liability whatsoever, in whole or in part caused by, resulting from, arising out of, or in any way related to “Asbestos”, including, but not limited to:

a. The manufacture, sale, distribution, handling, use, installation, removal, abatement, containment, storage, transportation, disposal, existence, presence, emanation, emission, release, inhalation, ingestion, absorption, or transmission of or exposure to “Asbestos”; or

b. Any request, demand, or order issued or made by any governmental body or agency that any “Insured” or others investigate, test for, monitor, clean up, remove, contain, remediate, treat, detoxify, neutralize, or in any way respond to or assess the extent or the effects of “Asbestos”.

The Company shall have no obligation of any kind, including, but not limited to, any obligation to investigate, defend, pay defense costs, settle, or pay settlements or judgments, as to any claim, suit, or proceeding involving or allegedly involving “Asbestos”.

As used in this exclusion, “Asbestos” includes, but is not limited to, the mineral asbestos in any form, asbestosfibers, asbestos dust, asbestos products, asbestos containing materials, and asbestos contained in any products, goods, materials, buildings, structures, or other real or personal property.

SAMPLE

EBI CG 319 (05-02) Page 1 of 1 �



ENTERTAINMENT ERRORS & OMISSIONS EXCLUSION



Coverage, as is afforded by this policy, does not apply to:

1. Radio, television and motion picture producers’ errors and omissions liability

2. Advertisers’ errors and omissions liability

3. Broadcasters’ errors and omissions liability

4. Publishers’ errors and omissions liability

5. Loss arising from any publication or literature including any musical material conducted or composed by or on behalf of the Named Insured

6. Liability arising out of contracts or agreements with labor unions except entertainment related unions orprofessional guilds

SAMPLE

EBI CG 328 (05-02) Page 1 of 1 �



DEFINITION OF EMPLOYEE (LEASED AND TEMPORARY)



Section V is hereby amended as follows:

“Employee” includes “leased worker” and “temporary worker”.

SAMPLE

EBI CG 329 (05-02) Page 1 of 1 �



LEAD EXCLUSION




1. Bodily injury, property damage, personal injury or advertising injury arising out of, resulting from, caused by or contributed to by the toxic or pathological properties of lead, lead compounds or lead contained in anymaterials;

2. Any cost or expense to abate, mitigate, remove or dispose of lead, lead compounds or materials containinglead;

3. Any supervision, instructions, recommendations, warning or advice given or which should have been given inconnection with paragraphs 1 or 2 above; or

4. Any obligation to share damages with or repay someone else who must pay damages in connection withparagraphs 1,2, or 3 above.

SAMPLE

POLICY NUMBER: COMMERCIAL GENERAL LIABILITYCG 20 12 07 98


CG 20 12 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 �

ADDITIONAL INSURED –STATE OR POLITICAL SUBDIVISIONS – PERMITS



SCHEDULE

State Or Political Subdivision: “All States or Political Subdivisions-issuing such permits to the insured”

(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)

Section II – Who Is An Insured is amended toinclude as an insured any state or political subdivi-sion shown in the Schedule, subject to the followingprovisions:

1. This insurance applies only with respect to opera-tions performed by you or on your behalf forwhich the state or political subdivision has issued a permit.

2. This insurance does not apply to:

a. "Bodily injury," "property damage" or "personaland advertising injury" arising out of opera-tions performed for the state or municipality;or

b. "Bodily injury" or "property damage" includedwithin the "products-completed operationshazard".

SAMPLE




ABUSE OR MOLESTATION EXCLUSION



The following exclusion is added to Paragraph 2.,Exclusions of Section I – Coverage A – BodilyInjury And Property Damage Liability and Para-graph 2., Exclusions of Section I – Coverage B –Personal And Advertising Injury Liability:

This insurance does not apply to "bodily injury","property damage" or "personal and advertisinginjury" arising out of:

1. The actual or threatened abuse or molestation byanyone of any person while in the care, custodyor control of any insured, or

2. The negligent:

a. Employment;

b. Investigation;c. Supervision;d. Reporting to the proper authorities, or failure

to so report; or e. Retention;

of a person for whom any insured is or ever waslegally responsible and whose conduct would beexcluded by Paragraph 1. above.

SAMPLE




ADDITIONAL INSURED – MANAGERS OR LESSORS OFPREMISES



SCHEDULE

1. Designation of Premises (Part Leased to You): All Managers or Lessors of Premises

2. Name of Person or Organization (Additional Insured): All Managers or Lessors Of Premises

3. Additional Premium: Included

(If no entry appears above, the information required to complete this endorsement will be shown in the Declara-tions as applicable to this endorsement.)

WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in theSchedule but only with respect to liability arising out of the ownership, maintenance or use of that part of the prem-ises leased to you and shown in the Schedule and subject to the following additional exclusions:


1. Any "occurrence" which takes place after you cease to be a tenant in that premises.

2. Structural alterations, new construction or demolition operations performed by or on behalf of the person ororganization shown in the Schedule.

SAMPLE




EMPLOYMENT-RELATED PRACTICES EXCLUSION



A. The following exclusion is added to Paragraph 2.,Exclusions of Section I – Coverage A – BodilyInjury And Property Damage Liability:


"Bodily injury" to:

(1) A person arising out of any:

(a) Refusal to employ that person;

(b) Termination of that person's employ-ment; or

(c) Employment-related practices, policies,acts or omissions, such as coercion,demotion, evaluation, reassignment,discipline, defamation, harassment, hu-miliation or discrimination directed atthat person; or

(2) The spouse, child, parent, brother or sisterof that person as a consequence of "bodilyinjury" to that person at whom any of theemployment-related practices described inParagraphs (a), (b), or (c) above is directed.




B. The following exclusion is added to Paragraph 2.,Exclusions of Section I – Coverage B – Per-sonal And Advertising Injury Liability:


"Personal and advertising injury" to:

(1) A person arising out of any:

(a) Refusal to employ that person;

(b) Termination of that person's employ-ment; or

(c) Employment-related practices, policies,acts or omissions, such as coercion,demotion, evaluation, reassignment,discipline, defamation, harassment, hu-miliation or discrimination directed atthat person; or

(2) The spouse, child, parent, brother or sisterof that person as a consequence of "per-sonal and advertising injury" to that personat whom any of the employment-relatedpractices described in Paragraphs (a), (b),or (c) above is directed.




SAMPLE

POLICY NUMBER: COMMERCIAL GENERAL LIABILITY



ADDITIONAL INSURED – LESSOR OF LEASEDEQUIPMENT



SCHEDULE

Name of Person or Organization: “All Lessors”


WHO IS AN INSURED (Section II) is amended toinclude as an insured the person(s) or organization(s)shown in the Schedule, but only with respect to theirliability arising out of the maintenance, operation oruse by you of equipment leased to you by such per-son(s) or organization(s), subject to the followingadditional exclusions:

This insurance does not apply:

1. To any "occurrence" which takes place afterthe equipment lease expires;

2. To "bodily injury" or "property damage" arisingout of the sole negligence of the person or or-ganization shown in the Schedule.

SAMPLE




ADDITIONAL INSURED – DESIGNATED PERSON ORORGANIZATION


COMMERCIAL GENERAL LIABILITY COVERAGE PART.

SCHEDULE

Name of Person or Organization: “ All Persons or Organizations, as per Certificate of Insurance issued and filed with the Insurance Company”


WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in theSchedule as an insured but only with respect to liability arising out of your operations or premises owned by orrented to you.

SAMPLE

EBI CG 324 (05-02) Page 1 of 1 �



AGGREGATE LIMITS OF INSURANCE (PER OPERATION)



The General Aggregate Limit under the LIMITS OF INSURANCE (SECTION III) applies separately to each of your designated events, operations or premises, as scheduled below, insured hereunder.

SCHEDULE

Designated Events, Operations or Premises:

SAMPLE

EBI CG 334 (05-02) Page 1 of 1 �



MOBILE EQUIPMENT STUNT, RACING



In consideration of the premium provided, it is agreed that Section I – COVERAGES, COVERAGE A. BODILYINJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusion, h. Mobile Equipment (2) is deleted subject tothe following:

Such insurance is afforded subject to receipt of notice and our approval of any of the following activities:

The use of "mobile equipment" in, or while in practice for, or while being prepared for, anyprearranged racing, speed, demolition, or stunting activity.

SAMPLE

EBI CG 338 (05-02) Page 1 of 1 �



ENTERTAINMENT EVENT NOTIFICATION



We must be notified upon commencement of each motion picture production, television production, musical tour,or theatrical tour started by you during the policy period.

Your failure to notify us in advance of such production shall permit us to charge any additional premium which we may determine properly reflects the hazards involved.

SAMPLE

EBI CG 336 (05-02) Page 1 of 1 �



UNINTENTIONAL ERRORS AND OMISSIONS



The failure of the named insured to disclose all hazards existing at the effective date of the policy, shall not prejudice the insured with respect to the insurance afforded by the policy, provided such failure is not intentional.

SAMPLE




EXCLUSION – ATHLETIC OR SPORTS PARTICIPANTSThis endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART.

SCHEDULE

Description of Operations:

“Any Athletic Events”


With respect to any operations shown in the Schedule, this insurance does not apply to "bodily injury" to any per-son while practicing for or participating in any sports or athletic contest or exhibition that you sponsor.

SAMPLE

EBI CG 346 (05-02) Page 1 of 1 �



DEFINITION OF NAMED INSURED (TULIP)



The Named Insured(s) is the “Tenant User(s)”, “Non-Food Concessionaire(s)”, “Food Concessionaires” , “Exhibitors,” and “Attractions” endorsed on a Limitation of Coverage to Declared Event(s) Endorsement, a Monthly Reporting Form Endorsement, or a Quarterly Reporting Form Endorsement for a “Declared Event.”

ADDITIONAL DEFINITIONS:

A “Declared Event” is an event declared on a Limitation of Coverage to Declared Event(s) Endorsement or aReporting Form.

An “Attraction(s)” is an entity that provides entertainment at the “Declared Event.”

An “Exhibitor(s)” is an entity that exhibits or demonstrates, but does not sell products at a “Declared Event.”

A “Food Concessionaire(s),” is an entity that sells food products at a “Declared Event.”

A “Non-Food Concessionaire(s),” is an entity that sells other than food products at a “Declared Event.”

A “Tenant User(s)” is the Lessee of the Facility or Venue where the “Declared Event” is held.

SAMPLE

EBI CG 339 (05-02) Page 1 of 1 �



ALL HAZARDS IN CONNECTION WITH DESIGNATEDEVENTS OR PREMISES



This insurance does not apply to “bodily injury”, “property damage”, “personal injury”, or “advertising injury” arising out of any operations connected with the events or premises shown in the schedule, unless separately andspecifically endorsed on a Limitation of Coverage to Declared Event(s) Endorsement.

SCHEDULE

Designated Operations or Premises:

Aircraft EventsAnimal Acts and ShowsBalloon EventsBlock Parties/Street Closures/Street FairsBoat ShowsBoxing, Wrestling, Hockey & Football Games CarnivalsCircusesConcerts - Not Otherwise ClassifiedEvangelistic MeetingsExhibitionsFilm ProductionFireworksGun & Knife ShowsGymnastic CompetitionsInstructional ClassesMarathonsMechanical Amusement DevicesMobile Home ShowsMotorized Sporting EventsOvernight CampingProfessional SportsPromotersPyrotechnicsRap or Heavy Metal ConcertsRummage SalesRodeo and Roping EventsRV ShowsSidewalk SalesSki EventsSwap MeetsSwimming or Pool facilitiesTractor PullsWater eventsAny event with a known attendance prior to the event greater than 5,000 people.Any event not otherwise scheduled in TULIP Hazard Class I Events, or TULIP Hazard Class II Events, or TULIP Hazard Class III Events.

SAMPLE

EBI CG 323 (05-02) Page 1 of 1 �



FIREWORKS EXCLUSION



This insurance does not apply to "bodily injury," "property damage," "personal injury," or "advertising injury" arising out of fireworks, pyrotechnic devices, or any similar explosive materials except “concussion effects,” “flashpots,” and “smokepots.”

Definitions:

A “concussion effect” is an effect intended to produce a loud noise and a violent jarring shock for dramatic effect.

A “flashpot” is a device containing flashpowder, intended to produce a flash of light and capable of directing theflash in an upward direction.

A “smokepot” is a pyrotechnic device used to create smoke.

A “concussion effect,” “flashpot,” or “smokepot” are induced electrically in a cylinder with no projectile, wadding or wrapping and are utilized to create visual effects with an explosive noise.

SAMPLE




EXCLUSION – COVERAGE C – MEDICAL PAYMENTS



SCHEDULE

Description And Location Of Premises Or Classification: “ All Location, Premises and Classification”


With respect to any premises or classification shownin the Schedule:

1. Section I – Coverage C – Medical Paymentsdoes not apply and none of the references to itin the Coverage Part apply: and

2. The following is added to Section I – Supple-mentary Payments:

h. Expenses incurred by the insured for firstaid administered to others at the time of anaccident for "bodily injury" to which this in-surance applies.

SAMPLE

EBI CG 350 (05-02) Page 1 of 1 �



NON-PERFORMING ANIMAL EXCLUSION



This insurance does not apply to “bodily injury” or “property damage” arising out of animals that are not performing or intended to perform at a “Declared Event.”

A “Declared Event” is an event declared on a Limitation of Coverage to Declared Event(s) Endorsement or aReporting Form.

SAMPLE

EBI CG 348 (05-02) Page 1 of 1 �



LIMITS OF LIABILITY (TULIP)



The Limits of Liability shown in the Schedule will apply to each “Declared Event” as follows:

The General Aggregate Limit under LIMITS OF INSURANCE (SECTION III) applies separately to each “Declared Event.”

The Products - Completed Operations Aggregate Limit under LIMITS OF INSURANCE (SECTION III) appliesseparately to each “Declared Event.”

The Each Occurrence Limit under LIMITS OF INSURANCE (SECTION III) applies separately to each NamedInsured.

The Personal and Advertising Injury Limit under LIMITS OF INSURANCE (SECTION III) applies separately toeach Insured.


A “Declared Event” is an event declared on a Limitation of Coverage to Declared Event(s) Endorsement or a Reporting Form.

SCHEDULE

General Aggregate Limit $NONE

Products - Completed Operations Aggregate Limit $1,000,000

Each Occurrence Limit $1,000,000

Personal and Advertising Injury Limit $1,000,000

Fire Damage Limit $50,000 any one fire

Medical Payments $EXLCUDED any one person

SAMPLE

EBI CG 340 (05-02) Page 1 of 1 �



TULIP HAZARD CLASS I EVENTS



This insurance applies to “bodily injury,” “property damage,” “personal injury,” and “advertising injury” arising out of “Declared Events” shown in the Schedule.



SCHEDULE

Anniversary PartiesAntique ShowsArt FestivalsArt ShowsAuctionsAuto ShowsAward PresentationsBallets or other Classical Dance ShowsBanquetsBazaarsBeauty PageantsBody Building ContestsBusiness MeetingsBusiness ShowsBirthday PartiesCharity Benefits, Auctions, or SalesChurch Services or MeetingsCivic Club MeetingsClassical Music Concerts - IndoorsConsumer ShowsConventions in BuildingsCraft ShowsDebutsDebutante BallsDrill Team ExhibitionsEducational ExhibitionsElectronics ConventionsFashion Shows

Fishing EventsFlower ShowsGarden ShowsGraduationsHarvest Festivals - No farm implements orequipment.Home ShowsJam and Jazz Concerts - IndoorsJob Fair - IndoorsLadies Club EventsLecturesLuncheonsMeetings - IndoorsPageantsProfessional and Amateur Association MeetingsReunions - IndoorsSeancesScouting Jamborees - no overnight campingSeminarsSocial ReceptionsSpeaking EngagementsSymphony ConcertsTeleconferencesTelethonsTrade Shows - IndoorsVacation ShowsVoter RegistrationWedding Receptions

SAMPLE

EBI CG 341 (05-02) Page 1 of 1 �



TULIP HAZARD CLASS II EVENTS






SCHEDULE

Bingo GamesClassical Music Concerts - OutdoorsFestival and Cultural Events - IndoorsJam and Jazz Concerts - OutdoorsJob Fairs - OutdoorsMeetings - OutdoorsOld Timer EventsPicnics held at grounds without pools or lakesPolitical RalliesReunions - OutdoorsSchool Band Competitions or EventsSoap Box DerbiesSocial Gatherings - OutdoorTrade Shows - OutdoorUnion Meetings

SAMPLE

EBI CG 342 (05-02) Page 1 of 1 �



TULIP HAZARD CLASS III EVENTS






SCHEDULE

Aerobics and Jazzercise Classes or EventsBaseballBasketballBicycle RalliesCasino and Lounge ShowsCountry Western Events - No rodeos or ridesCounty Festivals and Fairs - No ridesFestivals and Cultural Events - OutdoorsFilm ShowingsHeads of State EventsIce Skating ShowsJunior Athletic GamesKarate MeetsLivestock ShowsNightclub ShowsParades - Under 500 SpectatorsPromsSoftball EventsSporting Events in Buildings - Non-professionalTheatrical Stage PerformancesVolleyball Events

SAMPLE




ADDITIONAL INSURED – CONCESSIONAIRES TRADINGUNDER YOUR NAME


COMMERCIAL GENERAL LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULEConcessionaire:


WHO IS AN INSURED (Section II) is amended to include as an insured the concessionaire(s) shown in theSchedule but only with respect to their liability as a concessionaire trading under your name.

SAMPLE

EBI CG 357 (05-02) Page 1 of 1 �



COMPARATIVE ADVERTISING EXCLUSION



With respect to “Exhibitor(s)” and “Non Food Concessionaire(s)” only:

1. “Advertising injury” means injury arising out of the following offense:

a. Oral or written publication of material that violates a person’s right of privacy.

13. “Personal injury” means injury, other than “bodily injury”, arising out of one or more of the following offenses:

a. False arrest, detention or imprisonment; or

b. Malicious prosecution; or

c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room,dwelling or premises that a person occupies by or on behalf of its owner, landlord or lessor;

d. Oral or written publication of material that violates a person’s right of privacy.

SAMPLE

EBI CG 326 (05-02) Page 1 of 1 �



DESIGNATED PRODUCTS COVERAGE



This insurance applies to “bodily injury” or “property damage” included in the “products-completed operations hazard” and arising out of any of “your products” shown below.

Designated Product(s): Clothing apparel, records, tapes, CDs, posters, badges, photos, stickers and other similar products used to promote your business.


SAMPLE

EBI CG 347 (05-02) Page 1 of 1 �



LIMITATION OF COVERAGE TO DECLARED EVENTS(TULIP)



This policy applies only to “bodily injury,” “property damage,” “personal injury,” arising out of:

1. “Declared Event(s)” shown in the Schedule

2. This insurance shall be excess over any other valid and collectible insurance covering the declared event.

3. Premiums due must be reported on the next periodic Reporting Form.


SCHEDULE

Event Name and Class Term of Coverage

Per Schedule on File with the Company

common policy declarations · 2011-10-25 · sample clarendon national insurance schedule of forms...

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