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Two or More Coverage Parts or Policies Issued By
<br />Us
<br />(This provision is not Applicable in the state of New York
<br />or Wisconsin).
<br />The following condition is added to SECTION IV —
<br />COMMERCIAL GENERAL LIABILITY CONDITIONS:
<br />It is our intention that the various coverage parts or
<br />policies issued to you by us, or any company affiliated
<br />with us, do not provide any duplication or overlap of
<br />coverage. We have exercised diligence to draft our
<br />coverage parts and policies to reflect this intention.
<br />However, if the facts and circumstances that will
<br />respond to any claim or "suit" give rise to actual or
<br />claimed duplication or overlap of coverage between the
<br />various coverage parts or policies issued to you by us or
<br />any company affiliated with us, the limit of insurance
<br />under all such coverage parts or policies combined shall
<br />not exceed the highest applicable limit under this
<br />coverage, or any one of the other coverage forms or
<br />policies.
<br />This condition does not apply to any Excess or Umbrella
<br />policy issued by us specifically to apply as excess
<br />insurance over this coverage part or policy to which this
<br />coverage part is attached.
<br />SECTION V — DEFINITIONS
<br />Discrimination
<br />(This provision does not apply in New York).
<br />A. The following is added to Definition 14. "Personal
<br />and advertising injury":
<br />"Personal and advertising injury" also means
<br />"discrimination" that results in injury to the feelings
<br />or reputation of a natural person, however only if
<br />such "discrimination" or humiliation is:
<br />1. Not done by or at the direction of:
<br />a. The insured; or
<br />b. Anyone considered an insured under
<br />SECTION II — WHO IS AN INSURED;
<br />2. Not done intentionally to cause harm to another
<br />person.
<br />3. Not directly or indirectly related to the
<br />employment, prospective employment or
<br />termination of employment of any person or
<br />persons by any insured.
<br />4. Not arising out of any "advertisement" by the
<br />insured.
<br />B. The following definition is added to SECTION V —
<br />DEFINITIONS:
<br />"Discrimination" means:
<br />a. Any act or conduct that would be considered
<br />discrimination under any applicable federal,
<br />state, or local statute, ordinance or law;
<br />b. Any act or conduct that results in disparate
<br />treatment of, or has disparate impact on, a
<br />person, because of that person's race, religion,
<br />gender, sexual orientation, age, disability or
<br />physical impairment; or
<br />c. Any act or conduct characterized or interpreted
<br />as discrimination by a person based on that
<br />person's race, religion, gender, sexual
<br />orientation, age, disability or physical
<br />impairment.
<br />It does not include acts or conduct characterized or
<br />interpreted as sexual intimidation or sexual
<br />harassment, or intimidation or harassment based on
<br />a person's gender.
<br />Electronic Data
<br />The following definition is added to SECTION V —
<br />DEFINITIONS:
<br />"Electronic data" means information, facts or programs
<br />stored as or on, created or used on, or transmitted to or
<br />from computer software, including systems and
<br />applications software, hard or floppy disks, CD-ROMS,
<br />tapes, drives, cell, data processing devices or any other
<br />media which are used with electronically controlled
<br />equipment. For the purpose of the Electronic Data
<br />Liability coverage provided by this endorsement,
<br />Definition 17. "Property damage" is deleted in its entirety
<br />and replaced by the following:
<br />17. "Property damage" means:
<br />a. Physical injury to tangible property, including all
<br />resulting loss of use of that property. All such
<br />loss of use shall be deemed to occur at the time
<br />of the physical injury that caused it; or
<br />b. Loss of, loss of use of, damage to, corruption of,
<br />inability to access, or inability to properly
<br />manipulate "electronic data", resulting from
<br />physical injury to tangible property. All such loss
<br />of "electronic data" shall be deemed to occur at
<br />the time of the "occurrence" that caused it.
<br />For the purpose of the Electronic Data Liability coverage
<br />provided by this endorsement, "electronic data" is not
<br />tangible property.
<br />Employee Amendment
<br />Definition 5. "Employee" under SECTION V —
<br />DEFINITIONS is deleted in its entirety and replaced by
<br />the following:
<br />5. "Employee" includes a "leased worker", or a
<br />"temporary worker". If you are a School, "Employee"
<br />also includes a student teacher.
<br />Golfing Facility
<br />The following definition is added to SECTION V —
<br />DEFINITIONS:
<br />"Golfing facility" means a i
<br />range, or miniature golf cou
<br />Copyright, 2023 Selective Insurance Company of America. All rights reserved.
<br />Includes copyrighted material of Insurance Services Office, Inc., with its permission.
<br />INSURED'S COPY
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<br />Risk Management Specialist
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