|
injury ", arising out of one or more of the
<br />following offenses:
<br />a: False arrest, detention or Imprisonment;
<br />b. Malicious prosecution;
<br />c. The wrongful eviction from, wrongful
<br />entry into, or invasion of the right of
<br />private occupancy of a room, dwelling
<br />or premises that a person occupies,
<br />committed by or on behalf of its owner,
<br />landlord or lessor;
<br />d. Oral or written publication, in any
<br />manner, of material that slanders or
<br />libels a person or organization or
<br />disparages a person's or organization's
<br />goods, products or services;
<br />e. Oral or written publication, in any
<br />manner, of material that violates a
<br />person's right of privacy;
<br />f. The use of another's advertising Idea in
<br />your "advertisement "; or
<br />g. Infringing upon another's copyright,
<br />trade dress or slogan in your
<br />"advertisement ",
<br />16. "Pollutants" mean any solid, liquid, gaseous
<br />or thermal irritant or contaminant, Including
<br />smoke, vapor, soot, fumes, acids, alkalis,
<br />chemicals and waste. Waste includes
<br />materials to be recycled, reconditioned or
<br />reclaimed.
<br />17. "Products - completed operations hazard ":
<br />a. Includes all "bodily injury" and "property
<br />damage" occurring away from premises
<br />you own or rent and arising out of "your
<br />product" or "your work" except:
<br />(1) Products that are still in your
<br />physical possession; or
<br />(2) Work that has not yet been
<br />completed or abandoned. However,
<br />"your work" will be deemed
<br />completed at the earliest of the
<br />following times:
<br />(a) When all of the work called for
<br />in your contract has been
<br />completed.
<br />(b) When all of the work to be done
<br />at the job site has been
<br />completed if your contract calls
<br />for work at more than one job
<br />site.
<br />(c) When that part of the work done
<br />at the job site has been put to
<br />its intended use by any other
<br />person or organization other
<br />than another contractor or
<br />subcontractor working on the
<br />same project.
<br />391 -1003 06 09
<br />18,006
<br />Work that may need service,
<br />maintenance, correction, repair or
<br />replacement, but which is otherwise
<br />complete, will be treated as
<br />completed.
<br />The "bodily Injury" or "property
<br />damage" must occur away from
<br />premises you own or rent, unless
<br />your business includes the selling,
<br />handling or distribution of "your
<br />product" for consumption on
<br />premises you own or rent.
<br />b. Does not include "bodily injury" or
<br />"property damage" arising out of:
<br />(1) The transportation of property,
<br />unless the injury or damage arises
<br />out of a condition in or on a vehicle
<br />not owned or operated by you, and
<br />that condition was created by the
<br />"loading or unloading" of that
<br />vehicle by any insured; or
<br />(2) The existence of tools, uninstalled
<br />equipment or abandoned or unused
<br />materials.
<br />18. "Properly damage" means:
<br />a. Physical injury to tangible property,
<br />Including all resulting loss of use of that
<br />property. All such loss of use shall be
<br />deemed to occur at the time of the
<br />physical injury that caused it; or
<br />b. Loss of use of tangible property that Is
<br />not physically injured. All such loss of
<br />use shall be deemed to occur at the
<br />time of the "occurrence" that caused it.
<br />For the purposes of this insurance,
<br />electronic data is not tangible property.
<br />As used in this definition, electronic data
<br />means information, facts or programs stored
<br />as, created or used on, or transmitted to or
<br />from computer software, Including systems
<br />and applications software, hard or floppy
<br />disks, CD -ROMs, tapes, drives, cells, data
<br />processing devices or any other media
<br />which are used with electronically controlled
<br />equipment.
<br />19. "Suit" means a civil proceeding in which
<br />damages because of "bodily Injury ",
<br />"property damage ", "personal and
<br />advertising injury" to which this Insurance
<br />applies are alleged. "Suit" includes:
<br />a. An arbitration proceeding in which such
<br />damages are claimed and to which the
<br />insured must submit or does submit
<br />with our consent; or
<br />b. Any other alternative dispute resolution
<br />proceeding in which such damages are
<br />Includes copyrighted material of Insurance Services Page 62 of 66
<br />Office, Inc. with its permission
<br />
|