|
16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general
<br /> harmful conditions.
<br /> 17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of
<br /> the following offenses:
<br /> a. False arrest, detention or imprisonment;
<br /> b. Malicious prosecution;
<br /> c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or
<br /> premises that a person or organization occupies, committed by or on behalf of its owner, landlord or lessor;
<br /> d. Oral, written or electronic publication, in any manner, of material that slanders or libels a person or organization or
<br /> disparages a person's or organization's goods, products or services;
<br /> e. Oral, written or electronic publication, in any manner, of material that violates a person's right of privacy;
<br /> f. Copying, in your"advertisement", a person's or organization's "advertising idea" or style of"advertisement"; or
<br /> g. Infringement of copyright, slogan, or title of any literary or artistic work, in your"advertisement".
<br /> 18. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes,
<br /> acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed.
<br /> 19. "Products-completed operations hazard":
<br /> a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out
<br /> of"your product" or"your work" except:
<br /> (1) Products that are still in your physical possession; or
<br /> (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the
<br /> earliest of the following times:
<br /> (a) When all of the work called for in your contract has been completed.
<br /> (b) When all of the work to be done at the job site has been completed if your contract calls for work at more
<br /> than one job site.
<br /> (c) When that part of the work done at a job site has been put to its intended use by any person or
<br /> organization other than another contractor or subcontractor working on the same project.
<br /> Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will
<br /> be treated as completed.
<br /> b. Does not include "bodily injury" or"property damage" arising out of:
<br /> (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not
<br /> owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any
<br /> insured;
<br /> (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or
<br /> (3) Products or operations for which the classification, listed in the Declarations or in a policy Schedule, states
<br /> that products-completed operations are subject to the General Aggregate Limit.
<br /> 20. "Property damage" means:
<br /> a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be
<br /> deemed to occur at the time of the physical injury that caused it; or
<br /> b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the
<br /> time of the "occurrence"that caused it.
<br /> As used in this definition, computerized or electronically stored data, programs or software are not tangible property.
<br /> Electronic data means information, facts or programs:
<br /> a. Stored as or on;
<br /> b. Created or used on; or
<br /> c. Transmitted to or from;
<br /> computer software, including systems and applications software, hard or floppy disks, CD-
<br /> ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled
<br /> equipment.
<br /> 21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and
<br /> advertising injury" to which this insurance applies are alleged. "Suit" includes:
<br /> a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does
<br /> submit with our consent; or
<br /> Form HG 00 01 09 16 Page 21 of 22
<br />
|