HomeMy WebLinkAboutCAPRIELIAN, EDWARD 2 - 2004
. \N~\JRi\NCE NOI ON FILE
WORK MAY NOT PROCEED
CLERK OF COUNCIL
DATE: 1-5--c4
N-2004-028
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STANDARD CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this / sr day of ~y/ / ,2004 by
and between Edward C. Caprielian, Ph.D., a sole proprietor, (hereinafter" onsultant"), and the
City of Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
employee training in Public Business Concepts (PBC) program of the City of Santa Ana
Management Academy.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1.
SCOPE OF SERVICES
Consultant shall provide a one-day (8 hour) training session in "Ethics & Values" for
each scheduled PBC Program. Location ofthe training session shall be the Lawn Bowling
Center in the City of Santa Ana. Dates of service shall be determined by City.
2.
COMPENSA nON
a. City agrees to pay, and Consultant agrees to accept as total payment for its services, a
rate and charge of$I,400.00 per one day (8 hour) training session in "Ethics & Values." The
total sum to be expended under this Agreement shall not exceed $10,000.00 during the term of
this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3.
TERM
This Agreement shall commence on the date first written above and terminate on June 30,
2004, unless terminated earlier in accordance with Section 12, below. The term ofthis
Agreement may be extended upon a writing executed by the Executive Director of the Personnel
Services Agency and the City Attorney.
4.
INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee ofthe City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter ofthis Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5.
INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection against
claims arising from bodily and personal injury, including death resulting therefrom and damage
to property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1 ,000,000 per occurrence. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit A upon
execution of this Agreement and shall be approved in form by the City Attorney.
b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
c. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i)
Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(ii)
2
(iii)
Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
d. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6.
INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section I of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
7.
CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent ofthe other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault ofthe Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
8.
CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
9.
NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director
Personnel Services Agency
City of Santa Ana
20 Civic Center Plaza (M-24)
P.O. Box 1988
Santa Ana, California 92702-1988
telefacsimile (714) 647-6930
Attn: Jim Stikeleather
and,
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant:
Edward C. Caprielian, Ph.D.
613 33rd Street
Manhattan Beach, CA 90266-3423
310-544-5478
4
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivery, or other
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or
other communication shall be effective or deemed to have been given twenty-four (24) hours
after the time set forth on the transmission report issued by the transmitting facsimile machine,
addressed as set forth above. For purposes of calculating these time frames, weekends, federal,
state, County or City holidays shall be excluded.
10.
EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent ofthe City and any such assigmnent, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any ofthe services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
12.
TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
13.
DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14.
JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be governed and construed in accordance with the laws ofthe State of
California. This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
15.
PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of her inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination ofthis
Agreement.
16.
MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
II
II
II
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF '2
~M
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
I
RECOMMENDED FOR APPROVAL:
CONSULTANT
A~~~
EDWARD C. CAPRIEL N
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7
EXHIBIT A
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits ofliability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the Clerk of the Council, City of Santa Ana, 20 Civic Center Plaza, Santa Ana,
California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective
Policy #
Issued to
, this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
ACGRD~ CERTIFICATE OF LIABILITY INSURANCE CC;!, "'"
l'ODC 03 11 2004
,,~""'" THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORl<AOION
GROSSLIGHT INS/PHS ONLY AND CONFERS NO RIGHTS U'ON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
250765 P: (866)467-8730 F:(877)905-0457 ALTER THE CgVERAGE AFFORDED BY_!.~E roLIcrEs BELOW. ..
P. O. BOX 33015
SAN ANTONIO TX 78265 INSURERS A,'FORDING COVERAGE
"mn N- dJJO4-0;;1. S! INS,"" "Hartfor-d- Casual tv Ins CO
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EDWARD CAPRIELIAN """eN',
613 33RD STREET ~R~!'..O,-__---------- ~--~---- -- -,---
MANHATTAN BEACH CA 90266 IN,"", "
COVERAGES
TH' POCIcas OF INSURANCE LISTED BEL'" HAVE BEEN ISSUSO TO THE lNSDRSD NAJ1òD ,,"eVE FOR THE POLICY P"'DJ INDI,,-,TEL. NOTW"PSTAND'C
.'.NY "QUORS"ENT, TE1<1< OR CONDITION CC ANY ,IDNTRAOT OR OTH'R DOC':ME"T WITH RBSPE,:T Te "",CH THIS OERnn""E MAY BE ISSUW OR
MAY ","T"", THS INSURANCS AFFORDED 3Y THE POCI"E' ",'OROPEO HEREm IS SUBeECT ,RCL THE TERMS, 'XC.."'O,, ANDrONDITIDNS OF F',
POLICIES. AGG"G,"S LIMITS SHOWN MAY HAVS BE"' RED'JeSe BY PAlO CL"MS.
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Those usual to the Insured's Operations. City of Santa Ana is named as
additional insared per the Business Liability Coverage form SSOO08 at~ached to
this policy.
CERTIFICATE HOLDER
X ^'OmONAL ""'EO, """" L""~-Å
CANCELLATION
S"OU~O ANY OF THE ABevs DES'RIBeD PCLIcas BE C.MOSDLSD BEFORE ',-,;sl
EX' ',PORA?ID,N ,D,','OE T"EREOF " THE "saU"G INSURER WILL, ENDSh VO,R TO ""'L1
30 DAYS WPiTTEN NOnOE (10 DAYS FOR NON-PAYMENT) 00 THE CERImOAT
HOLDER NAMED TO THE ""T, BOO FAILURE TC DO 50 SH_'1L ]MPDSE NO
CEL1GATJON OR LIABleI"" OF A>IY K1NO UPCN THE INSORER, ITS AGEN'S 0
REPRESE"'ATI"E' -
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OJ ACORD COR.ORATrON 1988
City of Santa Ana
Personnel Services Department
Att~.: Jim Stikeleather
20 Civic Center Plaza
Santa Ana, CA 92702
-------------
ACORD 25-S ['/97)
1,
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crRO5StIGlIT INS/PHS
P. O. BOX ]]01,
SAN ,AN'I'ONIO TX, 7826',
City of Santa Ana
Personnel Services Depa"tment
Attn.: Jim Stikeleather
20 civic Center Plaza
Santa Ana, CA 92702
ACORe 25-S (7/97,
J
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THEl
HARTFORD
The Hartford
Fax Cover Page
To:
From:
Date:
ATTNIAURA
Yolanda (Comm Lines, San Antonio/Center) Torres
Apr 06, 2004
Re:
Pages:
SS 0008 ADDT'L INSRD FORM 72 SBA CK6708
23 (Including the Cover Page)
~
"'This transmission and/or attachment(s) contain information which may be confidential and/or privileged.
The information is intended for the use of the individual or entity named on this transmission. If you are not
the intended recipient, any disclosure, copying, distribution or other use of this communication is prohibited,
If you have received this communication in error, please notify the sender to arrange for retrieval of the
original communication and/or attachment(s). Thank You. '"
BUSINESS LIABILITY COVERAGE FORM
Form 55 00 08 04 01
~ 2001, The Hartford
QUICK REFERENCE
BUSINESS LIABILITY COVERAGE FORM
READ YOUR POLICY CAREFULLY
BUSINESS LIABILITY COVERAGE FORM
Beginning on Page
A.
COVERAGES
Business Liability
Medical Expenses
Professional Services Coverages
Incidental Malpractice Coverage
Coverage Extension - Supplementary Payments
B.
EXCLUSIONS
C.
WHO IS AN INSURED
D.
LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE
LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS
E.
1. Bankruptcy
2. Duties in The Event of Occurrence, Claim or Suit
3. Financial Responsibility Laws
4. Legal Action Against Us
5. Separation of Insureds
6. Unintentional Failure To Disclose Hazards
7. Other Insurance - Primary Additional Insured
F.
OPTIONAL COVERAGES
Additional Insureds
G.
LIABILITY AND MEDICAL EXPENSES DEFINITIONS
Form 55 00 08 04 01
1
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2
2
3
4
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12
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z
BUSINESS LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage. Read the entire policy carefully tD determine rights, duties and what
is and is not covered.
ThrDughDut this policy the words "YDU" and "your" refer tD the Named Insured shown in the Declarations, The words
"we", "us" and "our" refer to the stock insurance company member of TH E HARTFORD providing this insurance,
The word "insured" means any person or organization qualifying as such under Section C. - Who Is An Insured,
Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And
Medical Expenses Definitions.
In consideration Df the payment of the premium when due, and:
a. In reliance upon the statements made in the Declarations; and
b. Subject to the Limits Of Insurance, Exclusions, Definitions, Conditions and all other terms of this policy, including
those modified, replaced by or added by endorsements we issue forming a part of this policy,
we agree with you as follows:
A. COVERAGES
1. BUSINESS LIABILITY COVERAGE (BODILY
INJURY, PROPERTY DAMAGE, PERSONAL
AND ADVERTISING INJURY)
Insuring Agreement
a. We will pay on behalf of the insured those
sums that the insured becomes legally
obligated to pay as damages because Df
"bodily injury", "property damage" or
"personal and advertising injury" to which
this insurance applies. We will have the
right and duty to defend the insured
against any "suit" seeking those damages.
However, we will have no duty to defend
the insured against any "suit" seeking
damages for "bodily injury", "property
damage" or "personal and advertising
injury" to which this insurance does not
apply.
We may, at our discretion, investigate any
"occurrence" or offense and set1le any
claim or "suit" that may result. But:
(1) The amount we will pay for damages
is limited as described in Section D. -
Liability And Medical Expenses Limits
Of Insurance; and
(2) Our right and duty to defend end when
we have used up the applicable limit of
insurance in the payment of
judgments, set1lements or medical
expenses tD which this insurance
applies.
No other obligation or liability tD pay sums
or perform acts or services is covered
unless explicitly provided for under
Coverage Extension - Supplementary
Payments.
b. This insurance applies to:
(1) "BDdily injury" and "property damage"
only if:
(a) The "bodily injury" or "property
damage" is caused by an
"occurrence" that takes place in
the "coverage territory"; and
(b) The "bodily injury" or "property
damage" occurs during the policy
period,
(2) "Personal and advertising injury"
caused by an offense arising out of
your business, but Dnly if the offense
is committed in the "coverage territory"
during the policy period,
c. Damages because of "bodily injury"
include damages claimed by any person or
organization for care, loss of services or
death resulting at anytime from the "bodily
injury".
2. MEDICAL EXPENSES
Insuring Agreement
a. We will pay medical expenses as
described below for "bodily injury" caused
by an accident:
(1) On premises you Dwn Dr rent;
(2) On ways next to premises you own Dr
rent; or
Form SS 00080401
"" M'" Th" LJ-."_...J
Page 1 of 20
BUSINESS LIABILITY COVERAGE FORM
(3) Because of your operations; provided
that
(a) The accident takes place in the
"coverage territory" and during the
policy period;
(b) The expenses are incurred and
reported to us within three years of
the date of the accident; and
(e) The injured person submits to
examination, at our expense, by
physicians of our choice as often
as we reasonably require.
b. We will make these payments regardless
of fault. These payments will not exceed
the applicable limit of insurance. We will
pay reasonable expenses for:
(1) First aid administered at the time of an
accident;
(2) Necessary medical, surgical, x-ray and
dental services, including prosthetic
devices; and
(3) Necessary ambulance, hospital,
professional nursing and funeral
services.
(m) Disposition;
(iv) Cremation;
(v) Burial;
(vi) Embalming; or
(vii) Disinterment,
of any "deceased human
body";
(viii)Conduct of any memorial
service even though no
"deceased human body"
actually be present; and
(ix) Injury to, destruction of or
interference with the right of
burial of a "deceased human
body".
(b) Professional service by any
insured as a member of a;
(i) Formal accreditation board; or
(ii) A similar professional board or
committee,
3. PROFESSIONAL SERVICES COVERAGES
When your operations include;
a. Optical or hearing aid establishments,
Exclusion j. (7) in Section B.
EXCLUSIONS does not apply.
b. Retail druggist or drugstore, Exclusion j.
(10) in Section B. - EXCLUSIONS does
not apply.
e. Funeral director or funeral parlors, the
following professional services coverage is
added;
(1) The Business Liability Coverage
applies to damages arising out of
professional services by you or your
"employees" in the course of your
mortician or funeral parlor business.
Subject to the Limits of Insurance
stated in Section D. of this form, we
will pay on behalf of the insured those
sums that the insured becomes legally
obligated to pay as damages for
"bodily injury" including mental
anguish, and "property damage"
because of any;
(a) Professional malpractice, error or
omission in the
(2) This insurance also applies to
damages for "property damage"
caused by an "occurrence" to;
(a) Urns;
(b) Caskets, linings or fittings;
(e) Casket cases;
(d) Crypts or mausoleums: or
(e) Other facilities belonging to others
that are in the care, custody or
control of the insured and used for
the purpose of burying or caring
for a "deceased human body".
(3) Only Exclusions d., e., f. and k. in
Section B. - EXCLUSIONS apply to
this coverage.
(4) Additional Definition
"Deceased human body" includes any
part of a human body severed
therefrom and ashes of a deceased
human body after legal cremation,
4. INCIDENTAL MALPRACTICE COVERAGE
(i) Removal;
(ii) Handling;
a. The definition of "bodily injury" in Section
G. LIABILITY AND MEDICAL
EXPENSES DEFINITIONS is amended to
include injury arising out of the rendering
or failure to render medical or paramedical
services to persons by any physician,
dentist, nurse, emergency medical
technician or paramedic who is employed
by you to provide such services,
Page 2 of 20
Form SS 00 08 04 01
BUSINESS LIABILITY COVERAGE FORM
b. Paragraph 2.a.(1)(d) in Section C. - WHO
IS AN INSURED does not apply to nurses,
emergency medical technicians or
paramedics referred to in a. above,
c. Paragraph (1) of Exclusion e. in Section B.
- EXCLUSIONS does not apply to injury to
the emotions or reputation of a person
arising out of such services.
This Incidental Malpractice Coverage does
not apply if you are engaged in the
business or occupation of providing any
services referred to in a. above,
COVERAGE EXTENSION - SUPPLEMENTARY
PAYMENTS
1. We will pay, with respect to any claim or "suit"
we investigate or settle, or any "suit" against
an insured we defend:
a. All expenses we incur.
b. Up to $1,000 for the cost of bail bonds
required because of accidents or traffic
law violations arising out of the use of any
vehicle to which Business Liability
Coverage for "bodily injury" applies. We
do not have 10 furnish these bonds.
c. The cost of bonds to release attachments,
but only for bond amounts within the
applicable limit of insurance. We do not
have to furnish these bonds,
d. All reasonable expenses incurred by the
insured at our request to assist us in the
investigation of the claim or defense of the
"SUIT", including actual loss of earnings up to
$500 a day because of time off from work.
e. All costs taxed against the insured in the
"suit".
a. The "suit" against the indemnitee seeks
damages for which the insured has
assumed the liability of the indemnitee in a
contract or agreement that is an "insured
contract";
b. This insurance applies to such liability
assumed by the insured;
c. The obligation to defend, or the cost of the
defense of, that indemnitee, has also been
assumed by the insured in the same
"insured contract":
d. The allegations in the "suit" and the
information we know about the
"occurrence" are such that no conflict
appears to exist between the interests of
the insured and the interest of the
indemnitee;
e. The indemnitee and the insured ask us to
conduct and control the defense of that
indemnitee against such "suit" and agree
that we can assign the same counsel to
defend the insured and the indemnitee;
and
f. The indemnitee:
(1) Agrees in writing to:
(a) Cooperate with us in the
investigation, settlem ent
defense of the "suit";
(b) Immediately send us copies of any
demands, notices, summonses or
legal papers received in
connection with the "suit";
or
f. Prejudgment interest awarded against the
insured on that part of the judgment we
pay, If we make an offer to pay the
applicable limit of insurance, we will not
pay any prejudgment interest based on
that period of time after the offer.
g. All interest on the full amount of any
judgment that accrues after entry of the
judgment and before we have paid,
offered to pay, or deposited in court the
part of the judgment that is within the
applicable limit of insurance.
Any amounts paid under a. through g. above
will not reduce the Limits of Insurance.
2. If we defend an insured against a "suit" and an
indemnitee of the insured is also named as a
party to the "suit", we will defend that
indemnitee if all of the following conditions are
met:
(c) Notify any other insurer whose
coverage is available to the
indemnitee; and
(d) Cooperate with us with respect to
coordinating other applicable
insurance available to the
indemnitee; and
(2) Provides us with written authorization to:
(a) Obtain records and other
information related to the "suit":
and
(b) Conduct and control the defense
of the indemnitee in such "suit".
So long as the above conditions are met,
attorneys fees incurred by us in the
defense of that indemnitee, necessary
litigation expenses incurred by us and
necessary litigation expenses incurred by
the indemnitee at our request will be paid
as Supplementary Payments.
Form SS 00 0804 01
Page 3 of 20
BUSINESS LIABILITY COVERAGE FORM
Not withstanding the provisions of
paragraph 1.b.(b) of Section B.
EXCLUSIONS, such payments will not be
deemed to be damages for "bodily injury"
and "property damage" and will not reduce
the Limits of Insurance.
Our obligation to defend an insured's
indemnitee and to pay for attorneys fees and
necessary litigation expenses as
Supplementary Payments ends when:
a. We have used up the applicable limit of
insurance in the payment of judgments or
settlements; or
b. The conditions set forth above, or the
terms of the agreement described in
paragraph f. above, are no longer met
B. EXCLUSIONS
1. Applicable to Business Liability Coverage
This insurance does not apply to:
a. Expected or Intended Injury
(1) "Bodily injury" or "property damage"
expected or intended from the
standpoint of the insured. This
exclusion does not apply to "bodily
injury" or "property damage" resulting
from the use of reasonable force to
protect persons or property; or
(2) "Personal and advertising injury"
arising out of an offense committed
by, at the direction of or with the
consent or acquiescence of the
insured with the expectation of
inflicting "personal and advertising
injury",
b. Contractual Liability
(1) "Bodily injury" or "property damage"; or
(2) "Personal and advertising injury"
for which the insured is obligated to pay
damages by reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to liability for
damages because of:
(a) "Bodily injury", "property damage"
or "personal and advertising
injury" that the insured would have
in the absence of the contract or
agreement; or
(b) "Bodily injury" or "property damage"
assumed in a contract or agreement
that is an "insured contract",
provided the "bodily injury" or
"property damage" occurs
subsequent to the
execution of the contract or
agreement. Solely for the purpose
of liability assumed in an "insured
contract", reasonable attorney
fees and necessary litigation
expenses incurred by or for an
indemnitee are deemed to be
damages because of "bodily
injury" or "property damage"
provided:
(i) Liability to such indemnitee
for, or for the cost of, that
indemnitee's defense has also
been assumed in the same
"insured contract", and
(ii) Such attorney fees and
litigation expenses are for
defense of that indemnitee
against a civil or alternative
dispute resolution proceeding
in which damages to which
this insurance applies are
alleged.
c. Liquor Liability
"Bodily injury" or "property damage" for
which any insured may be held liable by
reason of:
(1) Causing or contributing to the
intoxication of any person;
(2) The furnishing of alcoholic beverages to
a person under the legal drinking age or
under the influence of alcohol; or
(3) Any statute, ordinance or regulation
relating to the sale, gift, distribution or
use of alcoholic beverages.
This exclusion applies only if you are in the
business of manufacturing, distributing,
selling, serving or furnishing alcoholic
beverages,
d. Workers Compensation and Similar
Laws
Any obligation of the insured under a
workers' compensation, disability benefits
or unemployment compensation law or
any similar law,
e. Employer's Liability
"Bodily injury" to:
(1) An "employee" of the insured arising
out of and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the
conduct of the insured's business, or
Page 4 of 20
Form SS 00 08 04 01
BUSINESS LIABILITY COVERAGE FORM
(2) The spouse, child, parent, brother or
sister of that "employee" as a
consequence of (1) above,
This exclusion applies:
(1) Whether the insured may be liable as
an employer or in any other capacity:
and
(2) To any obligation to share damages
with or repay someone else who must
pay damages because of the injury,
This exclusion does not apply to liability
assumed by the insured under an "insured
contract".
(b) At or from any premises, site or
location which is or was at any
time used by or for any insured or
others for the handling, storage,
disposal, processing or treatment
of waste:
(e) Which are or were at any time
transported, handled, stored,
treated, disposed of, or processed
as waste by or for:
(i) Any insured; or
(ii) Any person or organization for
whom you may be legally
responsible; or
(d) At or from any premises, site or
location on which any insured or
any contractors or subcontractors
working directly or indirectly on
any insured's behalf are
performing operations if the
"pollutants" are brought on or to
the premises, site or location in
connection with such operations
by such insured, contractor or
subcontractor, However, this
subparagraph does not apply to:
(i) "Bodily injury" or "property
damage" arising out of the
escape of fuels, lubricants or
other operating fluids which
are needed to perform the
normal electrical, hydraulic or
mechanical functions
necessary for the operation of
"mobile equipment" or its
parts, if such fuels, lubricants
or other operating fluids
escape from a vehicle part
designed to hold, store or
receive them. This exception
does not apply if the "bodily
injury" or "property damage"
arises out of the intentional
discharge, dispersal or
release of the fuels, lubricants
or other operating fluids, or if
such fuels, lubricants or other
operating fluids are brought on
or to the premises, site or
location with the intent that
they be discharged, dispersed
or released as part of the
operations being performed by
such insured, contractor or
subcontractor:
f.
Pollution
(1) "Bodily injury', "property damage" or
"personal and advertising injury'
arising out of the actual, alleged or
threatened discharge, dispersal,
seepage, migration, release or escape
of "pollutants":
(a) At or from any premises, site or
location which is or was at any
time owned or occupied by, or
rented or loaned to any insured.
However, this subparagraph does
not apply to:
(i) "Bodily injury" if sustained
within a building and caused
by smoke, fumes, vapor or
soot from equipment used to
heat that building;
(ii) "Bodily injury" or "property
damage" for which you may
be held liable, if you are a
contractor and the owner or
lessee of such premises, site
or location has been added to
your policy as an additional
insured with respect to your
ongoing operations performed
for that additional insured at
that premises, site or location
and such premises, site or
location is not and never was
owned or occupied by, or
rented or loaned to, any
insured, other than that
additional insured; or
(iii) "Bodily injury" or "property
damage" arising out of heat,
smoke or fumes from a
"hostile fire";
Form 55 00 080401
Page 5 of 20
BUSINESS LIABILITY COVERAGE FORM
(ii) "Bodily injury" or "property
damage" sustained within a
building and caused by the
release of gases, fumes or
vapors from materials brought
into that building in connection
w~h operations being performed
by you or on your behalf by a
contractor or subcontractor; or
(iii) "Bodily injury" or "property
damage" arising out of heat,
smoke or fumes from a
"hostile fire".
(e) At or from any premises, site or
location on which any insured or
any contractors or subcontractors
working directly or indirectly on
any insured's behalf are
performing operations if the
operations are to test for, monitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any
way respond to, or assess the
effects of, "pollutants".
(2) Any loss, cost or expense arising out
of any:
(a) Request, demand, order or
statutory or regulatory requirement
that any insured or others test for,
monitor, clean up, remove,
contain, treat, detoxify or
neutralize, or in any way respond
to, or assess the effects of,
"pollutants"; or
(b) Claim or suit by or on behalf of a
governmental authority for
damages because of testing for,
monitoring, cleaning up, removing,
containing, treating, detoxifying or
neutralizing, or in any way
responding to, or assessing the
effects of, "pollutants".
However, this paragraph does not
apply to liability for damages because
of "property damage" that the insured
would have in the absence of such
request, demand, order or statutory or
regulatory requirement, or such claim
or "suit" by or on behalf of a
governmental authority.
g. Aircraft, Auto or Watercraft
"Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or
entrustment to others of any aircraft, "auto"
or watercraft owned or operated by or
rented or loaned to any insured. Use
includes operation and "loading or
unloading",
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision,
hiring, employment, training or monitoring
of others by that insured, if the
"occurrence" which caused the "bodily
injury" or "property damage" involved the
ownership, maintenance, use or
entrustment to others of any aircraft,
"auto" or watercraft that is owned or
operated by or rented or loaned to any
insured.
This exclusion does not apply to:
(1) An aircraft that is:
(a) Hired, chartered or loaned with a
paid crew; but
(b) Not owned by any insured;
(2) A watercraft while ashore on premises
you own or rent; or
(3) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used to carry persons
for a charge.
This provision (3) applies to any
person who, with your expressed or
implied consent either uses or is
responsible for use of a watercraft.
Provisions under paragraphs (1) and (3) of
this Exclusion g. do not apply if the insured
has any other insurance for "bodily injury" or
"property damage" liability that would also be
covered under those provisions, whether the
other insurance is primary, excess,
contingent or on any other basis. In that
case, provisions (1) and (3) above do not
provide any insurance.
(4) Parking an "auto" on, or on the ways
next to, premises you own or rent,
provided the "auto" is not owned by or
rented or loaned to you or the insured;
(5) Uability assumed under any "insured
contract" for the ownership,
maintenance, or use of aircraft or
watercraft; or
(6) "Bodily injury" or "property damage"
arising out of the operation of any of
the equipment listed in Paragraphs
f.(2) or f.(3) of the definition of "mobile
equipment" .
h. Mobile Equipment
Page 6 of 20
Form SS 00 08 04 01
BUSINESS LIABILITY COVERAGE FORM
i.
"Bodily injury" or "property damage" arising
out of:
(1) The transportation of "mobile
equipment" by an "auto" owned or
operated by or rented or loaned to any
insured; or
(2) The use of "mobile equipment" in, or
while in practice or preparation for, a
prearranged racing, speed or
demolition contest or in any stunting
activity,
War
"Bodily injury" or "property damage" due to
war, whether or not declared, or any act or
condition incidental to war. War includes
civil war, insurrection, rebellion or
revolution,
This exclusion applies only to liability
assumed under a contract or agreement.
Professional Services
"Bodily injury", "property damage" or
"personal and advertising injury" due to the
rendering of or failure to render any
professional service. This includes but is
not limited to:
(1) Legal, accounting or advertising
services;
(2) Preparing, approving, or failing to
prepare or approve maps, shop
drawings, opinions, reports, surveys,
field orders, change orders, designs or
drawings and specifications;
(3) Supervisory, inspection, architectural
or engineering activities;
(4) Medical, surgical, dental, x-ray or
nursing services or treatment;
(5) Any health service or treatment;
(6) Any cosmetic or tonsorial service or
treatment;
(7) Optical or hearing aid services
including prescribing, preparation,
fitting, demonstration, or distribution of
ophthalmic products or hearing aid
devices;
(8) Optometric services including but not
limited to examination of the eyes and
prescribing of ophthalmic lenses and
exercises;
(9) Ear piercing services:
(10) Services in the practice of pharmacy.
(11) Computer consulting, design or
programming services, including web
site design.
Paragraphs (4) and (5) of this exclusion do
not apply to Incidental Malpractice
coverage afforded under paragraph 4, in
Section A. - COVERAGE.
k. Damage to Property
"Property damage" to:
(1) Property you own, rent or occupy,
including any costs or expenses
incurred by you, or any other person,
organization or entity, for repair,
replacement, enhancement,
restoration or maintenance of such
property for any reason, including
prevention of injury to a person or
damage to another's property;
(2) Premises you sell, give away or
abandon, if the "property damage"
arises out of any part of those
premises;
(3) Property loaned to you;
(4) Personal property in care, custody or
control of the insured:
(5) That particular part of real property on
which you or any contractor or
subcontractor working directly or
indirectly on your behalf is performing
operations, if the "property damage"
arises out of those operations; or
(6) That particular part of any property
that must be restored, repaired or
replaced because "your work" was
incorrectly performed on it.
Paragraphs (1), (3) and (4) of this
exclusion do not apply to "property
damage" (other than damage by fire) to
premises, including the contents of such
premises, rented to you for a period of 7 or
fewer consecutive days. A separate Limit
of Insurance applies to Damage To
Premises Rented To You as described in
Section D. - LIMITS OF INSURANCE.
Paragraph (2) of this exclusion does not
apply if the premises are "your work" and
were never occupied, rented or held for
rental by you.
Paragraphs (3) and (4) of this exclusion do
not apply to the use of elevators,
Paragraphs (3), (4), (5) and (6) of this
exclusion do not apply to liability assumed
under a sidetrack agreement.
Paragraph (4) of this exclusion does not
apply to "property damage" to borrowed
equipment while not being used to perform
operations at a job site.
j.
Form 55 00 08 04 01
Page 7 of 20
BUSINESS LIABILITY COVERAGE FORM
Paragraph (6) of this exclusion does not
apply to "property damage" included in the
"products-completed operations hazard".
I. Damage to Your Product
"Property damage" to "your product"
arising out of it or any part of it.
m. Damage to Your Work
"Property damage" to "your work" arising
out of it or any part of it and included in the
"products-completed operations hazard".
This exclusion does not apply if the
damaged work or the work out of which
the damage arises was performed on your
behalf by a subcontractor.
n. Damage to Impaired Property Or
Property Not Physically Injured
"Property damage" to "impaired property"
or property that has not been physically
injured, arising out of:
(1) A defect, deficiency, inadequacy or
dangerous condition in "your product"
or "your work"; or
(2) A delay or failure by you or anyone
acting on your behalf to perform a
contract or agreement in accordance
with its terms.
This exclusion does not apply to the loss
of use of other property arising out of
sudden and accidental physical injury to
"your product" or "your work" after it has
been put to its intended use.
o. Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for the
loss of use, withdrawal, recall, inspection,
repair, replacement, adjustment, removal
or disposal of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
if such product, work or property is
withdrawn or recalled from the market or
from use by any person or organization
because of a known or suspected defect,
deficiency, inadequacy or dangerous
condition in it.
p. "Personal and Advertising Injury":
(1) Arising out of oral, written or electronic
publication of material, if done by or at
the direction of the insured with
knowledge of its falsity;
(2) Arising out of oral, written or electronic
publication of material whose first
publication took place before the
beginning of the policy period;
(3) Arising out of a criminal act committed
by or at the direction of the insured;
(4) Arising out of any breach of contract,
except an implied contract to use
another's "advertising idea" in your
"advertisement";
(5) Arising out of the failure of goods,
products or services to conform with
any statement of quality or
performance made in your
"advertisement";
(6) Arising out of the wrong description of
the price of goods, products or
services;
(7) Arising out of any violation of any
intellectual property rights, such as
patent, trademark, trade name, trade
secret, service mark or other
designation of origin or authenticity,
However, this exclusion does not
apply to infringement, in your
"advertisement", of
(a) Copyright;
(b) Slogan, unless the slogan is also a
trademark, trade name, service
mark or other designation of origin
or authenticity; or
(c) Title of any literary or artistic work;
(8) Arising out of an offense committed by
an insured whose business is:
(a) Advertising, broadcasting,
publishing or telecasting;
(b) Designing or determining content
of web sites for others; or
(c) An Internet search, access,
content or service provider,
However, this exclusion does not
apply to paragraphs a., b. and c.
under the definition of "personal and
advertising injury" in Section G. -
LIABILITY AND MEDICAL
EXPENSES DEFINITIONS.
For the purposes of this exclusion,
placing an "advertisement" for or
linking to others on your web site, by
itself, is not considered the business
of advertising, broadcasting,
publishing or telecasting;
Page 8 of 20
Form SS 00 08 04 01
(9) Arising out of an electronic chat room
or bulletin board you host, own, or
over which you exercise control;
(10) Arising out of the unauthorized use of
another's name or product in your e-
mail address, domain name or
metatag, or any other similar tactics to
mislead another's potential customers;
(11) Arising out of the violation of a
person's right of privacy created by
any state or federal act.
However, this exclusion does not
apply to liability for damages that the
insured would have in the absence of
such state or federal act;
(12) Arising out of:
(a) An "advertisement" for others on
your web site;
(b) Placing a link to a web site of
others on your web site; or
(c) Content from a web site of others
displayed within a frame or border
on your web site, Content
includes information, code,
sounds, text, graphics or images;
(13) Arising out of a violation of any anti-
trust law; or
(14) Arising out of the fluctuation in price or
value of any stocks, bonds or other
securities.
Exclusions c. through i., k., I., m. and n. do
not apply to damage by fire, lightning or
explosion to premises rented to you. A
separate Limit of Insurance applies to this
coverage as described in Section D. -
LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE.
2. Applicable to Medical Expenses Coverage
We will not pay expenses for "bodily injury":
a. Any Insured
To any insured, except "volunteer
workers",
b. Hired Person
To a person hired to do work for or on
behalf of any insured or a tenant of any
insured,
c. Injury On Normally Occupied Premises
To a person injured on that part of
premises you own or rent that the person
normally occupies,
Form SS 00080401
BUSINESS LIABILITY COVERAGE FORM
d. Workers Compensation And Similar
Laws
To a person, whether or not an "employee"
of any insured, if benefits for the "bodily
injury" are payable or must be provided
under a workers' compensation or
disability benefits law or a similar law.
e. Athletics Activities
To a person injured while taking part in
athletics.
f. Products-Completed
Hazard
Included with the "products-completed
operations hazard".
g. Business Liability Exclusions
Excluded under Business
Coverage,
h. War
Due to war, whether or not declared, or
any act or condition incidental to war, War
includes civil war, insurrection, rebellion or
revolution.
Operations
Liability
C. WHO IS AN INSURED
1.
If you are designated in the Declarations as:
a. An individual, you and your spouse are
insureds, but only with respect to the
conduct of a business of which you are the
sale owner.
b. A partnership or joint venture, you are an
insured. Your members, your partners
and their spouses are also insureds, but
only with respect to the conduct of your
business.
c. A limited liability company, you are an
insured, Your members are also insureds,
but only with respect to the conduct of your
business. Your managers are insureds,
but only with respect to their duties as your
manager.
d. An organization other than a partnership or
joint venture or limited liability company,
you are an insured. Your "executive
officers" and directors are insureds, but
only with respect to their duties as your
officers or directors. Your stockholders
are also insureds, but only with respect to
their liability as stockholders.
e. A trust, you are an insured. Your trustees
are also insureds, but only with respect to
their duties as trustees.
2. Each of the following is also an insured:
Page 9 of 20
BUSINESS LIABILITY COVERAGE FORM
a. Your "employees", other than either your
"executive officers" (if you are an
organization other than a partnership, joint
venture or limited liability company) or your
managers (if you are a limited liability
company), but only for acts within the
scope of their employment by you or while
performing duties related to the conduct of
your business, However, none of these
"employees" is an insured for:
(1) "Bodily injury" or "personal and
advertising injury":
(a) To you, to your partners or
members (if you are a partnership
or joint venture), to your members
(if you are a limited liability
company), or to a co-"employee"
while that co-"employee" is either
in the course of his or her
employment or performing duties
related to the conduct of your
business;
(b) To the spouse, child, parent,
brother or sister of that co-
"employee" as a conseque,nce of
Paragraph (1)(a) above;
(c) For which there is any obligation
to share damages with or repay
someone else who must pay
damages because of the injury
described in Paragraphs (1)(a) or
(b) above; or
(d) Arising out of his or her providing
or failing to provide professional
health care services.
(2) "Property damage" to property:
(a) Owned, occupied or used by; or
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
"employees", any partner or
member (if you are a partnership
or joint venture), or any member (if
you are a limited liability
company) .
b. Any person (other than your "employee"),
or any organization while acting as your
real estate manager.
c. Any person or organization having proper
temporary custody of your property if you
die, but only:
(1) With respect to liability arising out of
the maintenance or use of that
property; and
Page 10 of 20
~
.~
(2) Until your legal representative has
been appointed.
d. Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance,
e. Any "employee" of the insured while acting
in the scope of his/her duties as a retail
pharmacist, or optician or optometrist.
f. Additional Insureds by Contract,
Agreement or Permit
Any person or organization with whom you
agreed, because of a written contract or
agreement or permit, to provide insurance
such as is afforded under this Business
Liability Coverage Form, but only with
respect to your operations, "your work" or
facilities owned or used by you.
However, coverage under this provision
does not apply:
(1) Unless the written contract or
agreement has been executed or a
permit has been issued prior to the
"bodily injury", "property damage" or
"personal and advertising injury",
(2) To any person or organization
included as an insured under provision
g. (Broad Form Vendors).
(3) To any other person or organization
shown in the Declarations as an
Additional Insured.
Coverage under this provision includes
the following:
(1) When an engineer, architect or
surveyor becomes an insured under
provision 2.1., the following additional
exclusion applies:
"Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of or the
failure to render any professional
services by or for you including:
(a) The preparing, approving, or
failure to prepare or approve
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications: and
(b) Supervisory, inspection,
architectural or engineering
activities,
(2) When a lessor of leased equipment
becomes an insured under provision
2.1., the following additional exclusions
apply:
Form SS 00 08 04 01
BUSINESS LIABILITY COVERAGE FORM
(a) To any "occurrence" which takes
place after the equipment lease
expires: or
(b) To "bodily injury" or "property
damage" arising out of the sole
negligence of the lessor.
(3) When owners or other interests
from whom land has been leased
become an insured under provision
2.f., the following additional exclusions
apply:
(a) Any "occurrence" which takes
place after you cease to lease that
land: or
(b) Structural alterations, new
construction or demolition
operations performed by or on
behalf of the owners or other
interests from whom land has been
leased,
(4) When managers or lessors of
premises become an insured under
provision 2.f., the following exclusions
apply:
(a) Any "occurrence" which takes
place after you cease to be a
tenant in that premises: or
(b) Structural alterations, new
construction or demolition
operations performed by or on
behalf of the manager or lessors
of the premises.
g. Additional Insured
Vendors
Any person or organization with whom you
agreed, because of a written contract or
agreement to provide insurance, but only
with respect to "bodily injury" or "property
damage" arising out of "your products"
which are distributed or sold in the regular
course of the vendor's business, subject to
the following additional exclusions:
(1) The insurance afforded the vendor
does not apply to:
(a) "Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
Broad
Form
(b) Any express
unauthorized by you;
(e) Any physical or chemical change
in product made intentionally by
the vendor;
(d) Repackaging, unless unpacked
solely for the purpose of
inspection, demonstration, testing,
or substitution of parts under
instructions from the
manufacturer, and then
repackaged in the original
container;
(e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
(f) Demonstration, installation, servicing
or repair operations except such
operations performed at the
vendor's premises in connection
with the sale of the product;
(g) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor.
(2) This insurance does not apply to any
insured person or organization, from
whom you have acquired such
products, or any ingredient, part or
container, entering into, accompanying
or containing such products.
(3) This provision g. does not apply to any
vendor included as an insured by an
endorsement issued by us and made
a part of this Coverage Part.
(4) This provision g. does not apply if
"bodily injury" or "property damage"
included within the "products-
completed operation hazard" is
excluded either by the provisions of
the Coverage Part or by endorsement.
h. Broad Form Named Insured
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this coverage form.
warranty
Form SS 00 08 04 01
Page 11 of 20
BUSINESS LIABILITY COVERAGE FORM
The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.
i.
j.
Newly Formed
Organizations
Any organization you newly acquire Dr
form, other than a partnership or joint
venture, and Dver which you maintain
ownership or majority interest, will qualify
as a Named Insured if there is no other
similar insurance available to that
organization. However:
(1) Coverage under this provision is
afforded only until the 180th day after
you acquire or form the organization or
the end of the policy period, whichever
is earlier; and
(2) Coverage under this provision does
not apply to:
(a) "Bodily injury" or "property
damage" that occurred; or
(b) "Personal and advertising injury"
arising out of an offense
commit1ed before you acquired or
formed the organization.
Additional Insured - Volunteer Workers
Your "volunteer workers", but only while
performing duties related tD the conduct of
your business.
(1) However, no "volunteer workers" are
insureds for:
(a) "Bodily injury", "property damage"
or "personal and advertising
injury" arising out of rendering or
the failure to render professional
services.
or
Acquired
(b) "Bodily injury" or "personal and
advertising injury":
(i) To you, to your partners or
members (if you are a
partnership Dr joint venture),
to your members (if you are a
limited liability cDmpany) , your
Dther "vDlunteer workers" or to
your "employees" arising out
of and in the course of their
duties for you;
Page 12 of 20
(ii) To the spouse, child, parent,
brother or sister of your
"vDlunteer workers" or your
"employees" as a
consequence of paragraph (1)
(a) above; or
(c) "PrDperty damage" to property:
(i) Owned, occupied or used by,
(ii) Rented to, in the care, custody
or control of, or over which
physical control is being
exercised for any purpose by
you, any of your Dther "vDlunteer
workers", your "employees", any
partner or member (if you are a
partnership or joint venture) or any
member (if you are a limited
liability company),
3. Additional Insured - Mobile Equipment
With respect to "mobile equipment" registered
in your name under any motor vehicle
registration law, any person is an insured while
driving such equipment along a public highway
with your permission, Any other person or
organization responsible for the conduct Df
such person is also an insured, but only with
respect to liability arising out of the operation
of the equipment, and only if no other
insurance of any kind is available to that
person or organization for this liability.
However, nD person or organization is an
insured with respect to:
a. "Bodily injury" to a co-"employee" of the
person driving the equipment; Dr
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer Df any person who is
an insured under this provision.
No person or Drganization is an insured with
respect to the conduct of any current or past
partnership, joint venture or limited liability
company that is not shown as a Named Insured in
the Declarations.
D. LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE
1. The Limits of Insurance shown in the
Declarations and the rules below fix the most
we will pay regardless Df the number of:
a. Insureds;
b. Claims made or "suits" brought: or
c. Persons or organizations making claims or
bringing "suits".
Form SS 00 08 04 01
2. Aggregate Limits
The most we will pay for:
a. Injury or damages under the "products-
completed operations hazard" arising from
all "occurrences" during the policy period
is the Products-Completed Operations
Aggregate Limit shown in the Declarations.
b. All other injury or damages, including
medical expenses, arising from all
"occurrences" during the policy period is
the General Aggregate Limit shown in the
Declarations.
This General Aggregate Limit applies
separately to each of your "locations"
owned by or rented to you,
"Location" means premises involving the
same or connecting lots, or premises
whose connection is interrupted only by a
street, roadway or right-of-way of a
railroad,
This aggregate limit does not apply to
"property damage" to premises rented to
you arising out of fire, lightning or
explosion.
3. Subject to item 2. above, the most we will pay
for the sum of all damages because of all
"bodily injury", "property damage" and medical
expenses arising out of anyone "occurrence"
is the Liability and Medical Expenses Limit
shown in the Declarations,
The most we will pay for all medical expenses
because of "bodily injury" sustained by anyone
person is the Medical Expenses Limit shown in
the Declarations.
4. Subject to item 2. above, the most we will pay
for the sum of all damages because of all
"personal and advertising injury" sustained by
anyone person or organization is the Personal
and Advertising Injury Limit shown in the
Declarations.
5. The most we will pay under Business Liability
Coverage for damages because of "property
damage" to premises rented to you, or in the
case of fire, while rented to you or temporarily
occupied by you with permission of the owner,
is the Damage To Premises Rented To You
Limit shown in the Declarations.
The Damage to Premises Rented To You Limit
applies to all damage proximately caused by
the same event, whether such damage results
from fire, lightning or explosion or any
combination of the three.
Form SS 00080401
BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance under this policy
and any endorsements attached thereto applies to
any claim or "suit", the most we will pay under this
policy and the endorsements is the single highest
limit of liability of all coverages applicable to such
claim or "suit". However, this paragraph does not
apply to the Medical Expenses limit set forth in
paragraph 3. above,
The limits of this policy apply separately to each
consecutive annual period and to any remaining
period of less than 12 months, starting with the
beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than
12 months. In that case, the additional period will
be deemed part of the last preceding period for
purposes of determining the Limits of Insurance.
E. LIABILITY AND MEDICAL EXPENSES
GENERAL CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured's estate will not relieve us of our
obligations under the policy,
2. Duties in The Event of Occurrence,
Offense, Claim or Suit
a. You must see to it that we are notified
promptly of an "occurrence" or an offense
which may result in a claim, To the extent
possible, notice should include:
(1) How, when and where the "occurrence"
or offense took place; and
(2) The names and addresses of any
injured persons and witnesses; and
(3) The nature and location of any injury
or damage arising out of the
"occurrence" or offense,
This condition applies only when the
"occurrence" or offense is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership; or
(3) A manager if you are a limited liability
company;
(4) An "executive officer" or insurance
manager, if you are a corporation; or
(5) Any elected or appointed official, if you
are a political subdivision or public
entity,
b. If a claim is made or "suit" is brought
against any insured, you must:
(1) Immediately record the specifics of the
claim or "suit" and the date received;
and
Page 130f20
BUSINESS LIABILITY COVERAGE FORM
(2) Notify us as soon as practicabie.
You must see to it that we receive a
written notice of the claim or "suit" as soon
as practicable,
But this condition will not be considered
breached unless the breach occurs after
such ciaim or "suit" is known to anyone
listed in 2 .a. (1) through (5) above.
c. You and any other invoived insured must:
(1) immediateiy send us copies of any
demands, notices, summonses or
legai papers received in connection
with the ciaim or "suit";
(2) Authorize us to obtain records and
other information;
(3) Cooperate with us in the investigation,
settiement of the claim or defense
against the "suit"; and
(4) Assist us, upon our request, in the
enforcement of any right against any
person or organization that may be
liabie to the insured because of injury
or damage to which this insurance
mayaiso apply.
d. No insureds will, except at their own cost,
voluntarily make a payment, assume any
obiigation, or incur any expense, other
than for first aid, without our consent.
3. Financial Responsibility laws
a. When this poiicy is certified as proof of
financiai responsibility for the future under
the provisions of any motor vehicie
financiai responsibility iaw, the insurance
provided by the poiicy for "bodily injury"
iiabiiity and "property damage" liabiiity wili
compiywith the provisions of the law to the
extent of the coverage and iimits of
insurance required by that iaw.
b. With respect to "mobiie equipment" to
which this insurance applies, we will
provide any iiability, uninsured motorists,
underinsured motorists, no-fauit or other
coverage required by any motor vehicle
iaw. We will provide the required iimits for
those coverages,
4. legal Action Against Us
No person or organization has a right under
this coverage form:
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured; or
b. To sue us on this coverage form unless all
of its terms have been fully compiied with.
Page 14 of 20
A person or organization may sue us to
recover on an agreed settlement or on a finai
judgment against an insured; but we will not be
liable for damages that are not payable under
the terms of this insurance or that are in
excess of the applicable iimit of insurance. An
agreed settiement means a settiement and
release of iiabiiity signed by us, the insured
and the ciaimant or the ciaimant's legai
representative,
5. Separation of Insureds
Except with respect to the Limits of insurance,
and any rights or duties specifically assigned in
this policy to the first Named insured, this
insurance appiies:
a. As if each Named insured were the oniy
Named Insured; and
b. Separateiy to each insured against whom
a claim is made or "suit" is brought,
6. Unintentional Failure to Disclose Hazards
It is agreed that based on our reliance on your
representations as to existing hazards, if
unintentionally you should fail to disclose all
such hazards at the inception date of your
policy, we shall not deny any coverage under
this Coverage Form because of such failure.
7. Other Insurance - Primary Additional
Insured
If the written contract or agreement or permit
requires this insurance to be primary for any
person or organization with whom you agree to
include in WHO IS AN INSURED, this Other
Insurance Provision is applicable.
'~'. If other valid and collectible insurance is
'-.j available for a loss we cover under this
;;¡ usiness Liability Coverage Form, our
~ obligations are limited as follows:
, "j.) a. Primary Insurance
" This insurance is primary, We will not
~ seek contributions from other insurance
. ~ available to the person or organization with
~- whom you agree to include in WHO IS AN
INSURED, except when b. applies.
. Excess Insurance
This insurance is excess over:
(1) Any other insurance, whether primary,
excess, contingent or on any other
basis:
(a) That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
Form SS 00 08 04 01
I'
I
!
!
I
(b) That is Fire insurance for
premises rented to you or
temporarily occupied by you with
permission of the owner;
(c) That is insurance purchased by
you to cover your liability as a
tenant for "property damage" to
premises rented to you or
temporarily occupied by you with
permission of the owner; or
(d) If the loss arises out of the
maintenance or use of aircraft,
"autos" or watercraft to the extent
not subject to Exclusion g. of
Section A. - Coverages.
(2) Any other primary insurance available
to you covering liability for damages
arising out of the premises or
operations for which you have been
added as an additional insured by
attachment of an endorsement.
When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self-
insured amounts under all that other
insurance.
We will share the remaining loss, if any,
with any other insurance that is not
described in this excess of the Umits of
Insurance shown in the Declarations of
this Coverage Part.
c. Method of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not
permit contribution by equal shares, we
will contribute by limits, Under this
method, each insurer's share is based on
the ratio of its applicable limit of insurance
to the total applicable lim its of insurance of
all insurers.
This provision provides such insurance as
is afforded under this coverage form, but
only with respect to your operations, "your
work" or facilities owned or used by you.
Form 55 00 08 04 01
BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL COVERAGES
If listed or shown as applicable in the Declarations,
one or more of the following Optional Coverages
also apply, These coverages are subject to the
terms and conditions applicable to Business
Liability Coverage in this policy, except as provided
below:
1. Additional Insured - Designated Person or
Organization
WHO IS AN INSURED under Section C. is
amended to include as an insured the person
or organization shown in the Declarations, but
only with respect to liability arising out of your
operations or premises owned by or rented to
you.
2. Additional Insured - Managers or Lessors
of Premises
a. WHO IS AN INSURED under Section C. is
amended to include as an insured the
person(s) or organization(s) shown in the
Declarations; but only with respect to
liability arising out of the ownership,
maintenance or use of that part of the
premises leased to you and shown in the
Declarations and subject to the following
additional exclusions:
b. Additional Exclusions
This insurance does not apply to:
(1) Any "occurrence" which takes place
after you cease to be a tenant in that
premises: or
(2) Structural alterations, new
construction or demolition operations
performed by or for that person or
organization.
3. Additional Insured - Grantor of Franchise
WHO IS AN INSURED under Section C. is
amended to include as an insured the
person(s) or organization(s) shown in the
Declarations, but only with respect to their
liability as grantor of franchise to you.
4. Additional Insured - Lessor of Leased
Equipment
a. WHO IS AN INSURED under Section C. is
amended to include as an insured the
person(s) or organization(s) shown in the
Declarations, but only with respect to their
liability arising out of the maintenance,
operation or use by you of equipment
leased to you by such person(s) or
organization(s) ,
b. Additional Exclusions:
This insurance does not apply:
Page 15 of 20
BUSINESS LIABILITY COVERAGE FORM
b. Additional Exclusions
(1) The insurance afforded the vendor
does not apply to:
(a) "Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
(b) Any express warranty
unauthorized by you;
(e) Any physical or chemical change
in the product made intentionally
by the vendor;
(d) Repackaging, unless unpacked
solely for the purpose of
inspection, demonstration, testing,
or the substitution of parts under
instructions from the
manufacturer, and then
repackaged in the original
container;
(e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
(f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
(g) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor.
(2) This insurance does not apply to any
insured person or organization, from
whom you have acquired such
products, or any ingredient, part or
container, entering into, accompanying
or containing such products.
(3) This Provision 7. does not apply to any
vendor included as an insured by an
endorsement issued by us and made
a part of this Coverage Form.
(1) To any "occurrence" which takes place
after the equipment lease expires; or
(2) To "bodily injury" or "property damage"
arising out of the sole negligence of
the lessor.
5. Additional Insured - Owners or Other
Interests From Whom land Has Been
leased
WHO IS AN INSURED under Section C. is
amended to include as an insured the person
or organization shown in the Declarations, but
only with respect to liability arising out of the
ownership, maintenance or use of that part of
the land leased to you and shown in the
Declarations and subject to the following
additional exclusion:
This insurance does not apply to:
a. Any "occurrence" that takes place after
you cease to lease that land; or
b. Structural alterations, new construction or
demolition operations performed by or for
the person or organization shown in the
Declarations.
6. Additional Insured - State or Political
Subdivision - Permits
a. WHO IS AN INSURED under Section C. is
amended to include as an insured the
state or political subdivision shown in the
Declarations, but only with respect to
operations performed by you or on your
behalf for which the state or political
subdivision has issued a permit.
b. Additional Exclusions
This insurance does not apply to:
(1) "Bodily injury", "property damage" or
"personal and advertising injury"
arising out of operations performed for
the state or political subdivision; or
(2) "Bodily injury" or "property damage"
included in the "product-completed
operations" hazard.
7. Additional Insured - Vendors
a. WHO IS AN INSURED under Section C. is
amended to include as an insured the
person(s) or organization(s) (referred to
below as vendor) shown in the
Declarations, but only with respect to
"bodily injury" or "property damage" arising
out of "your products" which are distributed
or sold in the regular course of the
vendor's business.
Page 16 of 20
Form SS 00 08 04 01
I
BUSINESS LIABILITY COVERAGE FORM
G. LIABILITY AND MEDICAL EXPENSES
DEFINITIONS
1.
"Advertisement" means the widespread public
dissemination of information or images that
has the purpose of inducing the sale of goods,
products or seNices through:
a. (1) Radio:
(2) Television;
(3) Billboard;
(4) Magazine;
(5) Newspaper;
b. The Internet, but only that part of a web
site that is about goods, products or
seNices for the purposes of inducing the
sale of goods, products or seNices; or
c. Any other publication that is given
widespread public distribution.
However, "advertisement" does not include:
a. The design, printed material, information
or images contained in, on or upon the
packaging or labeling of any goods or
products; or
b. An interactive conversation between or
among persons through a computer
network.
2. "Advertising idea" means any idea for an
"advertisement" .
3. "Auto" means a land motor vehicle, trailer or
semi-trailer designed for travel on public roads,
including any attached machinery or
equipment. But "auto" does not include
"mobile equipment".
4. "Bodily injury" means bodily injury, sickness or
disease sustained by a person, including
mental anguish or death resulting from any of
these at anytime,
5. "Coverage territory" means:
a. The United S1ates of America (including its
territories and possessions), Puerto Rico
and Canada;
b. International waters or airspace, but only if
the injury or damage occurs in the course
of travel or transportation between any
places included in a. above;
c. All other parts of the world if the injury or
damage arises out of:
(1) Goods or products made or sold by
you in the territory described in a.
above;
(2) The activities of a person whose home
is in the territory described in a, above,
but is away for a short time on your
business; or
(3) "Personal and advertising injury"
offenses that take place through the
Internet or similar electronic means of
communication
provided the insured's responsibility to pay
damages is determined in the United States of
America (including ~s territories and
possessions), Puerto Rico or Canada, in a su~ on
the mer~s according to the substantive law in
such territory, or in a settlement we agree to,
6. "Employee" includes a "leased worker".
"Employee" does not include a "temporary
worker".
(4) This Provision 7. does not apply if "bodily
injury" or "property damage" included
within the "products-completed
operations hazard" is excluded either by
the provisions of this Coverage Form or
by endorsement.
8. Additional Insured - Controlling Interest
WHO IS AN INSURED under Section C. is
amended to include as an insured the
person(s) or organization(s) shown in the
Declarations but only with respect to their
liability arising out of:
a. Their financial control of you; or
b, Premises they own, maintain or control
while you lease or occupy these premises.
This insurance does not apply to structural
alterations, new construction and demolition
operations performed by or for that person or
organization.
9. Additional Insured - Owners, Lessees or
Contractors Scheduled Person or
Organization.
WHO IS AN INSURED under Section C. is
amended to include as insured the person or
organization shown in the Declarations, but
only with respect to liability arising out of your
ongoing operations performed for that insured,
10. Additional Insured - Co-Owner of Insured
Premises
WHO IS AN INSURED under Section C. is
amended to include as an insured the
person(s) or Organization(s) shown in the
Declarations, but only with respect to their
liability as co-owner of the premises shown in
the Declarations,
7. "Executive officer" means a person holding
any of the officer positions created by your
charter, constitution, by-laws or any other
similar governing document.
Form 55 00 08 04 01
Page 17 of 20
I
BUSINESS LIABILITY COVERAGE FORM
a.
(b) Giving directions or instructions, or
failing to give them, if that is the
primary cause of the injury or
damage; or
(2) Under which the insured, if an
architect, engineer or surveyor,
assumes liability for an injury or
damage arising out of the insured's
rendering or failure to render
professional services, including those
listed in (1) above and supervisory,
inspection, architectural or engineering
activities.
11. "Leased worker" means a person leased to
you by a labor leasing firm under an
agreement between you and the labor leasing
firm, to perform duties related to the conduct of
your business, "Leased worker" does not
include a "temporary worker",
12. "Loading or unloading" means the handling of
property:
a. After it is moved from the place where it is
accepted for movement into or onto an
aircraft, watercraft or "auto";
b. While it is in or on an aircraft, watercraft or
"auto"; or
8. "Hostile fire" means one which becomes un-
controllable or breaks out from where it was
intended to be.
9. "Impaired property" means tangible property,
other than "your product" or "your work", that
cannot be used or is less useful because:
a. It incorporates "your product" or "your
work" that is known or thought to be
defective, deficient, inadequate or
dangerous; or
b. You have failed to fulfill the terms of a
contract or agreement:
if such property can be restored to use by:
a. The repair, replacement, adjustment or
removal of "your product" or "your work";
or
b. Your fulfilling the terms of the contract or
agreement.
10. "Insured contract" means:
A contract for a lease of premises,
However, that portion of the contract for a
lease of premises that indemnifies any
person or organization for damage by fire
to premises while rented to you or
temporarily occupied by you with
permission of the owner is not an "insured
contract";
b. A sidetrack agreement;
c. Any easement or license agreement;
d. Any obligation, as required by ordinance,
to indemnify a municipality, except in
connection with work for a municipality;
e. An elevator maintenance agreement; or
f. That part of any other contract or
agreement pertaining to your business
(including an indemnification of
municipality in connection with work
performed for a municipality) under which
you assume the liability of another party to
pay for "bodily injury" or "property damage"
to a third person or organization.
Paragraph f. does not include that part of
any contract or agreement
(1) That indemnifies an architect,
engineer or surveyor for injury or
damage arising out of:
(a) Preparing, approving or failing to
prepare or approve maps, shop
drawings, opinions, reports,
surveys, field orders, change
orders, designs or drawings and
specifications; or
c. While it is being moved from an aircraft,
watercraft or "auto" to the place where it is
finally delivered;
but "loading or unloading" does not include the
movement of property by means of a
mechanical device, other than a hand truck,
that is not attached to the aircraft, watercraft or
"auto".
13. "Mobile equipment" means any of the following
types of land vehicles, including any attached
machinery or equipment:
a. Bulldozers, farm machinery, forklifts and
other vehicles designed for use principally
off public roads;
b. Vehicles maintained for use solely on or
nex1 to premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, on
which are permanently mounted:
(1) Power cranes, shovels, loaders,
diggers or drills; or
(2) Road construction or resurfacing
equipment such as graders, scrapers
or rollers:
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I'
BUSINESS LIABILITY COVERAGE FORM
e. Vehicles not described in a., b., C., or d.
above that are not self-propelled and are
maintained primarily to provide mobility to
permanently attached equipment of the
following types:
(1) Air compressors, pumps and
generators, including spraying,
welding, building cleaning, geophysical
exploration, lighting and well servicing
equipment: or
(2) Cherry pickers and similar devices
used to raise or lower workers;
f. Vehicles not described in a., b., C., or d.
above maintained primarily for purposes
other than the transportation of persons or
cargo.
However, self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment" but
will be considered "autos":
(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not
construction or resurfacing; or
(c) Street cleaning;
Paragraphs (a), (b) and (c) above do not
apply to self-propelled vehicles of less
than 1 ,000 pounds gross vehicle weight.
(2) Cherry pickers and similar devices
mounted on automobile or truck
chassis and used to raise or lower
workers; and
(3) Air compressors, pumps and
generators, including spraying,
welding, building cleaning, geophysical
exploration, lighting and well servicing
equipment.
14. "Occurrence" means an accident, including
continuous or repeated exposure to
substantially the same general harmful
conditions.
15. "Personal and advertising Injury" means injury,
including consequential "bodily injury", arising
out of one or more of the following offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
c. The wrongful eviction from, wrongful entry
into, or invasion of the right of private
occupancy of a room, dwelling or premises
that the person occupies, committed by or
on behalf of its owner, landlord or lessor:
d. Oral, written or electronic publication of
material that slanders or libels a person or
organization or disparages a person's or
organization's goods, products or services;
e. Oral, written or electronic publication of
material that violates a person's right of
privacy;
f. Copying, in your "advertisement", a
person's or organization's "advertising
idea" or style of "advertisement";
g. Infringement of copyright, slogan, or title of
any literary or artistic work, in your
"advertisement"; or
h. Discrimination or humiliation that results in
injury to the feelings or reputation of a
natural person, but only if such
discrimination or humiliation is:
(1) Not done intentionally by or at the
direction of:
(a) The insured; or
(b) Any executive officer, director,
stockholder, partner or member of
the insured; and
(2) Not directly or indirectly related to the
employment, prospective employment
or termination of employment of any
person or persons by any insured.
This paragraph h. does not apply in the
States of Nebraska and Kansas.
16. "Pollutants" means any solid, liquid, gaseous
or thermal irritant or contaminant, including
smoke, vapor, soot, fumes, acids, alkalis,
chemicals and waste, Waste includes
materials to be recycled, reconditioned or
reclaimed.
17. "Products-completed operations hazard";
a. Includes all "bodily injury" and "property
damage" arising out of "your product" or
"your work" except:
(1) Products that are still in your physical
possession; or
(2) Work that has not yet been completed
or abandoned.
The "bodily injury' or "property damage"
must occur away from premises you own
or rent, unless your business includes the
selling, handling or distribution of "your
product" for consumption on premises you
own or rent.
b. "Your work" will be deemed completed at
the earliest of the following times:
(1) When all of the work called for in your
contract has been completed.
Form 55 00 08 04 01
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¡
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BUSINESS LIABILITY COVERAGE FORM
(2) When all of the work to be done at the
site has been completed if your
contract calls for work at more than
one site.
(3) When that part of the work done at a
job site has been put to its intended
use by any person or organization
other than another contractor or
subcontractor working on the same
project.
Work that may need service,
maintenance, correction, repair or
replacement, but which is otherwise
complete, will be treated as completed.
c. This hazard does not include "bodily injury"
or "property damage" arising out of:
(1) The transportation of property, unless
the injury or damage arises out of a
condition in or on a vehicle created by
the "loading or unloading" of it; or
(2) The existence of tools, uninstalled
equipment or abandoned or unused
materials.
21. "Volunteer worker" means a person who is not
your "employee", and who donates his or her
work and acts at the direction of and within the
scope of duties determined by you, and is not
paid a fee, salary or other compensation by
you or anyone else for their work performed for
you.
22. "Your product":
a. Means:
(1) Any goods or products, other than real
property, manufactured, sold, handled,
distributed or disposed of by:
(a) You;
(b) Others trading under your name;
or
(c) A person or organization whose
business or assets you have
acquired: and
(2) Containers (other than
materials, parts or
furnished in connection
goods or products.
b. Includes:
vehicles),
equipment
with such
18. "Property damage" means:
a. Physical injury to tangible property,
including all resulting loss of use of that
property. All such loss of use shall be
deemed to occur at the time of the
physical injury that caused it: or
b. Loss of use of tangible property that is not
physically injured. All such loss of use
shall be deemed to occur at the time of
"occurrence" that caused it.
Computerized or electronically stored data,
programs or software are not tangible
property,
19. "Suit" means a civil proceeding in which
damages because of "bodily injury", "property
damage" or "personal and advertising injury" to
which this insurance applies are alleged.
"Suit" includes:
a. An arbitration proceeding in which such
damages are claimed and to which you
must submit or do submit with our
consent: or
b. Any other alternative dispute resolution
proceeding in which such damages are
claimed and to which you submit with our
consent.
20. "Temporary worker" means a person who is
furnished to you to substitute for a permanent
"employee" on leave or to meet seasonal or
short-term workload conditions.
(1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of "your product"; and
(2) The providing of or failure to provide
warnings or instructions.
Does not include vending machines or
other property rented to or located for the
use of others but not sold.
23. "Your work":
c.
a. Means:
(1) Work or operations performed by you
or on your behalf; and
(2) Materials, parts or equipment
furnished in connection with such work
or operations,
b. Includes:
(1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of "your work"; and
(2) The providing of or failure to provide
warnings or instructions.
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Form SS 00 08 04 01