|
injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability
<br /> means a liability that would be imposed by law in the absence of any contract or agreement.
<br /> Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or
<br /> "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and
<br /> affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing.
<br /> However, Paragraph f. does not include that part of any contract or agreement:
<br /> (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
<br /> (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,
<br /> field orders, change orders or drawings and specifications; or
<br /> (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or
<br /> damage; or
<br /> (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage
<br /> arising out of the insured's rendering or failure to render professional services, including those listed in (1)
<br /> above and supervisory, inspection, architectural or engineering activities.
<br /> 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the
<br /> labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a
<br /> "temporary worker".
<br /> 14. "Loading or unloading" means the handling of property:
<br /> a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or"auto";
<br /> b. While it is in or on an aircraft, watercraft or"auto"; or
<br /> c. While it is being moved from an aircraft, watercraft or"auto" to the place where it is finally delivered;
<br /> but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a
<br /> hand truck, that is not attached to the aircraft, watercraft or"auto".
<br /> 15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or
<br /> equipment:
<br /> a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads;
<br /> b. Vehicles maintained for use solely on or next to premises you own or rent;
<br /> c. Vehicles that travel on crawler treads;
<br /> d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted:
<br /> (1) Power cranes, shovels, loaders, diggers or drills; or
<br /> (2) Road construction or resurfacing equipment such as graders, scrapers or rollers;
<br /> e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained primarily to provide
<br /> mobility to permanently attached equipment of the following types:
<br /> (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical
<br /> exploration, lighting and well servicing equipment; or
<br /> (2) Cherry pickers and similar devices used to raise or lower workers;
<br /> f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of
<br /> persons or cargo.
<br /> However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile
<br /> equipment" but will be considered "autos":
<br /> (1) Equipment designed primarily for:
<br /> (a) Snow removal;
<br /> (b) Road maintenance, but not construction or resurfacing; or
<br /> (c) Street cleaning;
<br /> (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower
<br /> workers; and
<br /> (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical
<br /> exploration, lighting and well servicing equipment.
<br /> However, "mobile equipment" does not include any land vehicle that is subject to a compulsory or financial
<br /> responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles
<br /> subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered
<br /> "autos".
<br /> Page 20 of 22 Form HG 00 01 09 16
<br />
|