|
Tort liability means a liability that
<br />would be imposed by law in the
<br />absence of any contract or agreement.
<br />Paragraph f. does not include that part
<br />of any contract or agreement:
<br />(1) That indemnifies a railroad for
<br />"bodily injury" or "property
<br />damage" arising out of
<br />construction or demolition
<br />operations, within 50 feet of any
<br />railroad property and affecting any
<br />railroad bridge or trestle, tracks,
<br />road beds, tunnel, underpass or
<br />crossing;
<br />(2) That indemnifies an architect,
<br />engineer or surveyor for injury or
<br />damage arising out of:
<br />(a) Preparing, approving or failing
<br />to prepare or approve maps,
<br />drawings, opinions, reports,
<br />surveys, change orders,
<br />designs or specifications; or
<br />(b) Giving directions or
<br />instructions, or failing to give
<br />them, if that is the primary
<br />cause of the injury or damage;
<br />or
<br />(3) Under which the insured, if an
<br />architect, engineer or surveyor,
<br />assumes liability for an injury or
<br />damage arising out of the
<br />insuriid's rendering or failure to
<br />render professional services,
<br />including those listed in paragraph
<br />(2) above and supervisory,
<br />inspection or engineering
<br />services.
<br />10. "Leased worker" means a person leased
<br />to you by a labor leasing firm under an
<br />agreement between you and the labor
<br />leasing firm, to perform duties related to
<br />the conduct of your business. "Leased
<br />worker" does not include a "temporary
<br />worker".
<br />11. "Loading or unloading" means the
<br />handling of property:
<br />a. After it is moved from the place where
<br />it is accepted for movement into or
<br />onto an aircraft, watercraft or "auto';
<br />b. While it is in or on an aircraft,
<br />watercraft or "auto'; or
<br />c. While it is being moved from an
<br />aircraft, watercraft or "auto" to the
<br />place where it is finally delivered;
<br />but "loading or unloading" does not
<br />include the movement of property by
<br />means of a mechanical device, other than
<br />a hand truck, that is not attached to the
<br />aircraft, watercraft or "auto".
<br />12. "Mobile equipment" means any of the
<br />following types of land vehicles,
<br />including any attached machinery or
<br />equipment:
<br />The
<br />Hanover
<br />Insurance Group_
<br />ODFD785344 5701644
<br />a. Bulldozers, farm machinery, forklifts
<br />and other vehicles designed for use
<br />principally off public roads;
<br />b. Vehicles maintained for use solely
<br />on or next to premises you own or
<br />rent;
<br />c. Vehicles that travel on crawler
<br />treads;
<br />d. Vehicles, whether self-propelled or
<br />not, on which are permanently
<br />mounted:
<br />(1) Power cranes, shovels, loaders,
<br />diggers or drills; or
<br />(2) Road construction or resurfacing
<br />equipment such as graders,
<br />scrapers or rollers;
<br />e. Vehicles not described in paragraphs
<br />a., b., c. or d. above that are not
<br />self-propelled and are maintained
<br />primarily to provide mobility to
<br />permanently attached equipment of
<br />the following types:
<br />(1) Air compressors, pumps and
<br />generators, including spraying,
<br />welding, building cleaning,
<br />geophysical exploration, lighting
<br />and well servicing equipment; or
<br />(2) Cherry pickers and similar
<br />devices used to raise or lower
<br />workers;
<br />f. Vehicles not described in paragraphs
<br />a., b., c. or d. above maintained
<br />primarily for purposes other than the
<br />transportation of persons or cargo.
<br />However, self-propelled vehicles with
<br />the following types of permanently
<br />attached equipment are not "mobile
<br />equipment" but will be considered
<br />"autos":
<br />(1) Equipment designed primarily
<br />for:
<br />(a) Snow removal;
<br />(b) Road maintenance, but not
<br />construction or resurfacing;
<br />or
<br />(c) Street cleaning;
<br />(2) Cherry pickers and similar
<br />devices mounted on automobile
<br />or truck chassis and used to
<br />raise or lower workers; and
<br />(3) Air compressors, pumps and
<br />generators, including spraying,
<br />welding, building cleaning,
<br />geophysical exploration, lighting
<br />and well servicino eauioment.
<br />However, "mi
<br />not include ar
<br />compulsorybae
<br />„� wakMan.g�d.DMcmn
<br />AEVIEwED S APPR(N®aY:
<br />Ar�=A
<br />e Risk Management Specialist
<br />391-1003 08 16 Includes copyrighted material of Insurance services Office, Inc., with its permission. Page 75 of 81
<br />391-1003 08 16 Includes copyrighted material of Insurance services Office, Inc., with its permission. Page 75 of 81
<br />
|