HomeMy WebLinkAboutInsurance - BOCCGRANT COUNTY
BOARD OF COUNTY COMMISSIONERS
To: Board of County Commissioners
From: Janice Flynn, Administrative Services Coordinator
Dato July 1, 2022 r
Re: PW Engineer— Professional Liability
Attached is the quote for Professional Liability for Grant County - Public Works
Dept. This would provide coverage for work performed by Dave Bren, PW
Engineer.
There are deductible options which effect premium.
If approved, I will submit a request, along with Dave's res verage.
Thank you. AP v
JUL � ZQ22
as Im 00
Jen Ornelas Jun 29, 2022
Robert M. Trask Agency, Inc.
P. 0. Box 1075
Moses Lake, WA 98837
Re: Grant County, Ref# 10646033-A
Proposed Effective 7/7/2022 to 7/7/2023
We are pleased to confirm the attached quotation for Professional Liability being offered with Lloyd's of
London. This carrier is Non -Admitted in the state of WA. Please note that this quotation is based on the
coverage, terms and conditions as stated in the attached quotation, which may be different from those
requested in your original submission. As you are the representative of the Insured, it is 'Incumbent upon you
to review the terms of this quotation carefully with your Insured, and reconcile any differences from the terms
requested in the original submission. CRC Insurance Services, Inc. disclaims any responsibility for your failure
to reconcile with the Insured any differences between the terms quoted as per the attached and those terms
originally requested. The attached quotation may not be bound without a fully executed CRC brokerage
agreement.
NOTE: The Insurance Carrier indicated In this quotation reserves the right, at its sole discretion, to
amend or withdraw this quotation it It becomes aware of any new, corrected or updated Information
that is believed to be a material change and consequently would change the original underwriting
decision.
... 1.1- .... ....... -.1 ....... ... - ...... . ........ ..... . ...... .... .... ... ....... - .............. . .... . ............... ......... .... - ...... . ......... . ............... ...... ....... .......... ........
Should coverage be elected as quoted per the attached, Premium and Commission are as follows:
Premium:
$8t853.00
Broker Fee
$350.00
Policy Fee
$75.00
Surplus Lines Tax
$185-56
Stamping Office Fee
$9.28
Grand Total: $9,472,84
Commission: 10%
MEP: %
Subject To:
1. Written request to bind.
2. Payment must be received within 20 days of the effective date.
3. Broker Fee Fully Earned.
4., Please refer to the Quote for Carder Subjectivifies.
Broker Fees & Policy Fees are Fully Earned at Binding
NOTE: If insured is located outside your resident state, you must hold appropriate non-resident
license prior to binding.
If Non Admitted the following applies:
vLZ
Washington Tax Filings are the responsibility of: Your Agency (X) CRC
c.
I g 17Z
Surplus Lines Broker: CRC Insurance Services
This contract is registered and delivered as a surplus line coverage under the insurance code of the state of Washington,
Title 48 RCW. It is not protected by any Washington state guaranty association law.
Upon requesting quotes and/or placement for the coverage listed herein, the producing retail broker hereby
confirms that he/she has performed any and all diligent searches, as may be required by statute, for coverage
through licensed carriers or other means of placement, and as necessary maintain proof of declination. Where
allowed by governing statutes, "diligent effort" may not require an actual physical search and declination on
each risk, but may be based on the retail producing broker's own experience, opinion and overall knowledge
of acceptability in the admitted marketplace.
CRC is compensated in a variety of ways, including commissions and fees paid by insurance companies and
fees paid by clients. Some insurance companies pay brokers supplemental commissions (sometimes referred
to as "contingent commissions" or "incentive commissions"), which is compensation that is based on a broker's
performance with that carrier. These supplemental commissions may be based on volume, profitability,
retention, growth or other measures. Even if a contingent commission agreement exists with a carrier, we
recognize that our responsibility is to promote the best interests of the policyholder in the selection of an
insurance company. For more information on CRC's compensation, please contact your CRC broker.
Financing Insurance Premiums
Premium financing budgets insurance payments and improves liquidity for other business objectives: working
capital, business growth, business expansion.
If your clients choose to pay their insurance in monthly installments, it's fast and easy with AFCO Credit
Corporation, which is an affiliate of CRC, providing premium financing solutions for companies across the
United States.
You can learn more about how premium financing works and how it can expand your relationship with your
clients by emailing afcodirect(a-afco.com; or call toll-free 877-317-6437, option 1. Additional information is
available at https://www.afco.com/partners/crc.html.
Sincerely,
Seattle Team Professional
10646033
CONFIDENTIAL
Applicant Name:, Grant County - Public
Works Department
App Number: APP13789114
Expiring Policy: New
Proposed Term: 06/23/2022 to 06/23/2023
THE FOLLOWING QUOTATION IS BEING OFFERED ON THE BASIS PRESENTED HEREIN. IT DOES
NOT NECESSARILY PROVIDE THE TERMS AND/OR COVERAGE REQUESTED IN YOUR SUBMISSION.
THIS QUOTE MAY BE WITHDRAWN AT ANY TIME PRIOR TO ACCEPTANCE BY A MINICO
UNDERWRITER BUT IN NO EVENT WILL IT REMAIN OPEN BEYOND THIRTY (30) DAYS FROM THE
ABOVE QUOTE DATE.
Company: Lloyd's of London (Non -Admitted)
Quotation Premium SummaU:
Each Claim/Aggregate Limit
Each Claim/Aggregate
Retention
Insuring Agreement B.
Sublimit: Pollution Liability
Insuring Agreement C.
Sublimit: Network Security
and Privacy Liability
Base Premium
Total Premium
Policy Fee: $75.00
Retroactive Date,,, Policy Inception
Option 1
$1$0001000 / $1 1000,000
$10,000 / $30,000
$11000X0
No Coverage
Option 2
$1,0000000 / $1,000,000
$15,0001$45,000
$11000$000
No Coverage
$8,583 $7, 982
$8,583 $7,982
(See Cover Memo for taxes4ees)
Option 3
$1 000OW000 / $1,000,000
$25,0001$75,00O
$100000000
No Coverage
$7,295
$7,295
Page 1 of 2
Professional Services:
Soley in the performance of providing enginnering and design services provided such services are performed
under the direction or supervision of a licensed engineer of the Insured (covered services do not have to be for a
fee).
Architects & Engineers Professional Liability Terms & Conditions:
SLC -3 (USA) NMA
Lloyd's certificate
MP DS 0004
Schedule for Forms and Endorsements
NMA1 256
Nuclear Incident Exclusion Clause -Liability -Direct
NMA1477
Radioactive Contamination Exclusion Clause -Liability -Direct
NMA2918
War And Terrorism Exclusion Endorsement
NMA1 998
Service of Suit Clause (U.S.A.)
LMA31 00
Sanction Limitation Exclusion (Absolute)
LMA5506
Communicable Disease Endorsement
LSW1001
Several Liability Notice
LAE -000
Errors and Omissions Certificate of Insurance
LAE -002
Contractual Liability -Warranty -Guarantee Exclusion
LAE -004
Exclusion L Amendatory Endorsement
LAE -005
Cyber Exclusion Endorsement
LAE -009
Amendatory Endorsement - Technology/Media Coverage Extension
MP SL 9085
Washington Surplus Lines Notice
This quotation is subject to receipt, review and acceptance of the following information prior to binding:
1 Signed and dated application within 30 days prior to inception
2Lesur,es o ly
peronrieM q
3 uompietea z5urpius Ing riOrM
Page 2 of 2
THIS IS A CLAIMS MADE AND REPORTED CERTIFICATE OF INSURANCE.
CLAIM EXPENSES ARE WITHIN AND REDUCE THE LIMIT OF LIABILITY.
PLEASE READ THE ENTIRE CERTIFICATE OF INSURANCE CAREFULLY.
ERRORS AND OMISSIONS CERTIFICATE OF INSURANCE
Words and phrases that appear in bold print have special meanings that are defined in Section III FINITIONS.
I. INSURING AGREEMENTS
A. Professional Services Liability Coverage
The Underwriters will pay on behalf of the Insured all sums in excess of the r the Insure
becomes legally obligated to pay as damages and claim expenses as a result �' aim first m
against the Insured and reported in writing to the Underwriters during the Certi f Insu -
period or Extended reporting period (if applicable), by reasan of an act, error or o ing
personal injury in the performance of professional servicesV
sured or by someon m the
Insured is legally responsible, provided that:
Such act or omission was committed on or s
8. in the Declarations; and
Prior to the inception date of this Certific
had a basis to believe that any such ac
expected to be the basis of a claim.
Pollution Liability Coverage
ctive datfiMcified in Item
if con ewed, no Insured
act or o might reasonably be
%.rations,
the Underwriters will pay on behalf
ed becomes legally obligated to pay as
a against the Insured and reported in
rance period or Extended reporting period (if
Operformance of professional services by the
!sponsible and resulting in a Pollution Incident,
subsequent to the retroactive date specified in Item
bate of Insurance and if continuously renewed, no Insured had
or omission, or related act or omission, might reasonably be
and Privacy Liability Coverage
sublif liability set forth in Item 4. of the Declarations, the Underwriters will pay on behalf
II s in excess of the retention, that the Insured becomes legally obligated to pay as
im penses as a result of a Claim first made against an Insured and reported in writing
ters during the Certificate of Insurance period or Extended reporting period (if
eason of an act, error or omission in the performance of professional services and
ivacy Breach or a Security Breach by the Insured or by someone for whom the Insured
onsible, provided that:
1. Such act or omission was committed on or subsequent to the retroactive date specified in Item
8. in the Declarations; and
2. Prior to the inception date of this Certificate of Insurance and if continuously renewed, no Insured had
a basis to believe that any such act or omission, or related act or omission, might reasonably be
expected to be the basis of a claim.
{N1864066.1 } LAE -000 (3/19/2021) MiniCo-AE-2021
Page 1 of 16 Printed in U.S.A.
D. Defense
The Underwriters have the right and duty t
allegations of the claim are groundless, false
Underwriters or, at the Underwriters' option,
subject to the Underwriters' guidelines.
o defend any claim against the Insured even if any of the
or fraudulent. Defense counsel may be designated by the
by the Insured with the Underwriters' written consent and
The Underwriters is not obligated to pay an s
defend any claim after the applicable Ii it of li
claim expenses or any combinatio . _ of;
available limit of liability into a court:..1
liability to the Named Insured or, if app
expenses o o defend or continue to
exhausted by the payment of damages or
Inderwriters has deposited the remaining
or tendered the remaining available limit of
;urer(s) of the Named Insured.
Subject to paragraph B. beJ�e Un slimit of liability for damages and claim expenses for
each c -,avst made and in wrifiin othe Underwriters during the Certificate of Insurance
perio d the awn in Item 4. In the Declarations for "Each Claim."
yfJ ' n Libility Coverage" Sublimit stated in Item 4. of the Declarations,
oft rwriters liability for damages and claim expenses for each claim
d in writing to the Underwriters during the Certificate of Insurance period for a
This sublimit is part of and not in addition to the Limit of Liability of the
e Certificate of Insurance period.
ab rr the "Network Security and Privacy Liability Coverage" Sublimit stated in Item 4.
rati s, if any, is the total limit of the Underwriters liability for damages and claim
each claim first made and reported in writing to the Underwriters during the Certificate
period for a Privacy Breach or Security Breach. This sublimit is part of and not in
e Limit of Liability of the Underwriters for the Certificate of Insurance period.
of Liability — Certificate of Insurance Aggregate
The Underwriters' limit of liability for damages and claim expenses for all claims first made and
reported in writing to the Underwriters during the Certificate of Insurance period will not exceed the
aggregate amount shown in Item 4. In the Declarations as the "Certificate of Insurance Aggregate."
(N1864066.1 } LAE -000 (3/19/2021) MiniCo-AE-2021
Page 2 of 15 Printed in U.S.A.
C. Retention — Each Claim and Certificate of Insurance Aggregate
1. The Each claim retention amount shown in Item 5. in the Declarations is the Insured's obligation for
each claim and applies to the payment of damages and claim expenses.
2. The Aggregate retention amount stated in Item 5. in the Declarations, if any, is the total amount of the
Insured's obligation for all claims first made and reported during the Certificate of Insurance, or the
Extended reporting period, if applicable and applies to the payment of da and claim
expenses.
The Named Insured is responsible for payment of the retention to the individur..and
y as direc -:3 by the
Underwriters. The limits of liability set forth in the Declarations are in addin a of the
retention.
D. Early Claim Resolution Incentive
If a claim is resolved by agreement, with the consent of the N
reflected in a settlement agreement, order, dismissal, or judge,
that the claim is reported in writing to the Underwriters, u U.
retention shall be reduced or credited up to fifty percent 50%)
claim. The maximum reimbursement or credit is $25,,
claims resolved or concluded in accordance with thi- -aara
Multiple Insureds, Claims and Claiman
The limits of liability shown in the Deck
this Certificate of Insurance for dam
claims made or claimants. Related
Underwriters under this Certificate of =
be considered a single claim first ma
Insurance period in which the earliest
Underwriters. Albhhh,
Supplementary Pay
Supplementary payments are
ied Insured and the
Omedwithin one (1) year fol
e
Insured's
etention they h
ific f Insurance
r . as
date
est, the
paid for that
1 for all such
amount the Underwriters will pay under
ses regardless of the number of Insureds,
t the Insured and reported in writing to the
renewal of this Certificate of Insurance will
Underwriters during the Certificate of
s first made and reported in writing to the
tion and are in addition to the limits of liability.
fl�i pay up t .00 for loss of earnings to the Insured for each day or part of a
re. endanc the Underwriters' request, at a trial, hearing, mediation or
:)ceedin: = � , a aim against the Insured. The maximum amount payable,
the er=_= , hearings, mediations or arbitration proceedings or the number of
,000 per Certificate of Insurance period.
will reimburse the Insured for reasonable attorneys' fees, costs and expenses
ding to a disciplinary proceeding that is both first brought by a licensing authority
I and reported in writing to the Underwriters during the Certificate of Insurance
Is an act or omission in the performance of Professional Services. The maximum
)le, gardless of the number of disciplinary proceedings or the number of Insureds, shall
er Certificate of Insurance period. The Underwriters shall not be obligated to defend
ary proceeding, or pay any fine, penalty or award resulting from any disciplinary
rbrwriters will pay expenses incurred while assisting the Insured in responding to a subpoena
Insured first receives and reports in writing to the Underwriters during the Certificate of
Insurance period resulting from the performance of professional services by the Insured. The
maximum amount payable regardless of the number of subpoenas or number of Insureds shall be
$7,500 per Certificate of Insurance period.
(N1864066.1 } LAE -000 (3/19/2021) MiniCo-AE-2021
Page 3 of 16 Printed in U.S.A.
III. DEFINITIONS
Bodily injury means physical injury, sickness or disease sustained by any person including death resulting
from any of these at any time. Bodily injury also means mental illness, mental anguish, or emotional distress,
pain or suffering, or shock sustained by that person, whether. or not resulting from physical injury, sickness,
disease or death of any person.
Certificate of Insurance period means the period of time from the effective date shown '_ em 2. in the
Declarations to the earliest of the date of termination, expiration or cancellation of this Certi ':.-xZ , of Insurance.
2. All other reasonable and necessary fees, costs and expenses resuTq
negotiation, arbitration, mediation, defense or appeal if in
Insured with the Underwriters' prior written conse .
Premiums on appeal bonds, attachment b
obligated to apply for or furnish any such bol
Claim expenses will be paid first and v
111
expenses do not include fees, costs or
loss of earnings or other remuneration by o
Cleanup Costs means reasonable and nece
removal or neutralization of adOlotion Incidi
Computer System means
electronic data stored therein, w
such networks accessible through
Damages me 11
provided any s
le!
or exemplary am
m the investiga n, adjustment,
by the Und ers or by the
; however', underwriters are not
liability available to pay damages. Claim
or officers of the Underwriters, or salaries,
harge§W1
expenses incurred in the investigation,
Lnot owned, rented or occupied by any Insured,
ftware, firmware, and components thereof, including
r through a network of two or more computers, including
, extranets, clouds or other virtual private networks.
r legal liability and includes a judgement, award or settlement,
nderwriters' written consent. Damages also includes punitive
' permitted under the laws of the applicable jurisdiction.
uction or restitution of fees, expenses or costs for professional services performed
,be performed by the Insured;
forfeitures or sanctions;
plied portion of any multiplied awards; or
ive or declaratory relief.
The terms "applicable jurisdiction" as noted above shall mean that jurisdiction most favorable to the
insurability of punitive or exemplary damages provided that the jurisdiction must be:
a. where the punitive or exemplary damages were awarded or imposed; or
b. where any act which forms the basis of the claim took place; or
c. where any Insured is incorporated, resided or has its principal place of business
(N1864066.1 } LAE -000 (3/19/2021) MiniCo-AE-2021
Page 4 of 16 Printed in U.S.A.
Insured means the Named Insured and any of the persons or entities listed below but only while in the
performance of professional services on behalf of the Named Insured for clients of the Named Insured:
1. Any subsidiary or newly acquired subsidiary;
2. Any present or former partner, member, officer, director or employee of the Named Insured, a subsidiary
or a newly acquired subsidiary;
3. Independent contractors, but only for professional services performed on behalf a ry _ - e direction of
the Named Insured and the Named Insured has agreed pursuant to a writt - ntract to provide
insurance for the independent contractor's professional services;
4. Any leased employee but only while acting under the direct supervision and ively o _ alf of the
Named Insured.
5. The estate, heirs, executors, administrators assigns and legal representatives of an in the--
of such Insured's death, incapacity, insolvency or bankruptcy&7u
only to the extent t r ch = red
would have been provided coverage under this Certificate of In e;
6. The lawful spouse of an Insured solely by reason of (a) such spou tus, domestic p§&er or (b) such
Malicious Code means unauth corrUT
computer virus an horses, key : loggers,
Named Insure an _. "� ns or en Dec
Network Securit
of a computer attac
mputer vir
n i c ion of autho
ans
harmful software code, including but not limited to
kies, spyware, adware, worms and logic bombs.
ified in Item 1. in the Declarations.
a - r software with a function or purpose of loss mitigation or prevention
Securit hall include, but shall not be limited to the following: firewalls, filters,
�tection software, intrusion detection, the electronic use of passwords or similar
users, and encryption.
bsi; means any entity newly formed or acquired by the Named Insured during the
nce riod in which the Named Insured has more than fifty percent (50%) of the legal or
only upon the conditions that:
)f such formation or acquisition, the Named Insured has provided the Underwriters with
F such newly acquired subsidiary and the Underwriters has agreed in writing to insure
luired subsidiary, but the Underwriters shall not be required to insure such newly
acquired subsidiary;
2. The Named Insured has paid the additional premium, if any, charged by the Underwriters and has agreed
to any amendment of the provisions of this Certificate of Insurance; and
3. The Underwriters will only provide coverage with respect to a claim arising out of an act or omission in the
performance of professional services when the act or omission is committed on or after the date such
(N1864066.1 } LAE -000 (3/19/2021) MiniCo-AE-2021
Page 5 of 15 Printed in U.S.A.
newly acquired subsidiary became a newly acquired subsidiary and until the date on which such
newly acquired subsidiary ceases to be a newly acquired subsidiary. An entity ceases to be a newly
acquired subsidiary under this Certificate of Insurance on the date during the Certificate of Insurance
period that the Named Insured's legal or beneficial interest in such entity becomes less than 50%.
Personal injury means injury other than bodily injury arising out of one or more of the following offenses by
reason of an act or omission in the performance of professional services:
False arrest, detention or imprisonment;
Malicious prosecution;
Personal Information means an
individual's:
ny required security code, access code or
count; or,
ed by any federal, state or local Privacy
Personal Information ��q A4,,, a any rmatio Wat is lawfully available to the general public for
any reason including, but '= i = ermation contained in federal, state or local government
records. - t.
or thermal irritant or contaminant, including smoke, vapor, soot,
Waste includes materials to be recycled, reconditioned or
Pollution Incident } b. n actual'ZW eged discharge, dispersal, release, escape, migration, or seepage of
liquid, g or thermal irritant or contaminant, including smoke, soot, vapors, fumes, acids,
8,
r emicals, h t ous substances, hazardous materials, or waste materials (including materials to be
ecycled, reconditione reclaimed) on, in, into, or upon land and structures thereupon, the atmosphere, any
watercour ova &of w -- or groundwater, which results in Bodily Injury or Property Damage.
FRIP_ns ffcommon law or statutory breach of confidence or violation of any common law or
acy, including but not limited to a breach of an Insured's Privacy Policy, a breach of a
licity, false light, intrusion upon a person's seclusion, or public disclosure of a person's
on.
Privac P-� `icy means an Insured's policies in written or electronic form that govern the collection,
dissemination, confidentiality, integrity, accuracy or availability of Personal Information provided to an
Insured's employees or third parties.
Privacy Regulation means any federal, state or local statute, legislative act or regulation governing the
confidentiality, control and use of personally identifiable financial, medical or other sensitive information,
including but not limited to:
{N1864066.1 } LAE -000 (3/19/2021) MiniCo-AE-2021
Page 6 of 15 Printed in U.S.A.
1. Health Insurance Portability and Accountability Act of 1996 (as amended) and its implementing regulation;
or
2. Gramm -Leach -Bliley Act of 1999; or
3. any other similar federal, state or local identity theft and privacy protection legislation that requires
commercial entities that collect Personal Information to post privacy policies, adopt privacy policies and/or
controls or notify individuals
Property damage means:
Physical Injury to tangible property, including all resulting loss of use of that property;
Loss of use of tangible property that is not physically injured.
Cleanup Costs incurred by a third party to the extent mandated by a court o
agency or to prevent clear and imminent danger to an individual or to property.
Professional services means those services specified in Item 7. in the Declarations perfo
for others for a fee. AL
Related claims means all claims arising out of a single act or omis
performance of professional services.
Retroactive date means the date shown in Item 8.
must have been committed for coverage under this
Security Breach means:
n act or omission
alicious Code;
r of an Insured's website, or an Insured's
website, or computer or communications
, or use of, data containing Personal
ual or potential unauthorized access to, or use
h notification is required by any federal or state
or repeated . rity Breaches, or multiple Security Breaches resulting from a
JWityL shal nsidered a single Security Breach and be deemed to have first
_S
such Sev Breach.
s the insurance Underwriters named in the Declarations.
(N1864066.1 } LAE -000 (3/19/2021) MiniCo-AE-2021
Page 7 of 15 Printed in U.S.A.
IV. EXCLUSIONS AS TO THE ENTIRE CERTIFICATE OF INSURANCE
This Certificate of Insurance does not apply to any claim or any coverage afforded under Section II, F.,
Supplementary Payments
A. Intentional Acts Exclusion
based on or arising out of any actual or alleged dishonest, intentionally wrongful, frau t t, criminal or
malicious act or omission by an Insured. The Underwriters will provide the Insured wi.a efense of such
claim unless and until such dishonest, intentionally wrongful, fraudulent, criming malicious act or
omission has been determined by any final adjudication, finding of fact or admissthe Insur- Such
defense will not waive any of the Underwriters' rights under this Certi of Insura - Upon
establishment that the dishonest, intentionally wrongful, fraudulent, criminal or us act ission by
an Insured was committed, the Underwriters will have the right to seek recove II expenses.
incurred from the Insured found to have committed the acts or omissions. 'A
B. Employer Liability Exclusion
based on or arising out of:
bodily injury or personal injury to any empl
of employment by any insured;
any obligation for which any Insure.
Compensation, Unemployment Com... io
any similar law or regulation;
C. Discrimination Acts Exclusion
based on or arising out of discriminatior
claims based on an individual's race,
status or sexual preference. The Unde
pay claim expenses fo M uit whicl
multiple allegation suit, on
D. Insured versus Insu
in the course
der any Workers'
ility Benefits law, or
'on, har ,:: , nt, or misconduct including but not limited to
age, g national origin, religion, disability, marital
vide th = cured with a defense of such claim and
ht h g such discrimination as a single allegation in a
)n is d under this Certificate of Insurance;
of Insurance against any other Insured hereunder;
etirement Income Security Act of 1974;
change Act of 1934;
IFBlue Sky or Securities law; or any rules, regulations or amendments issued in relation to
S or any similar local, state or federal statutes or regulations, including any claim based
mmon law principles of liability;
F. on -Professional Services Pollution Exclusion
based on or arising out of a Pollution Incident, provided, however, that this exclusion will not apply to any
claim that is covered under Insuring Agreement IB;
{N1864066.1 } LAE -000 (3/19/2021) MiniCo-AE-2021
Page 8 of 16 Printed in U.S.A.
G. Antitrust Exclusion
based upon or arising out of actual or alleged restraint of trade, unfair competition, violation of the Sherman
Antitrust Act, the Clayton Antitrust Act of 1914, the Robinson-Patman Act of 1936, or any similar federal,
state or local law; and,
H. Patent/Trade Secret Exclusion
based on arising out of or related to actual or alleged misappropriation of trade secret or infringement or
misuse of patent, copyright, trademark, trade dress or any other intellectual property right.
,d&
I. Contractual Liability/Warranty/Guarantee Exclusion
based upon or arising out of directly or indirectly:
1. any actual or alleged breach of any warranty or guarantee made by a re s exclusion
shall not apply to the warranty or guarantee that professional services the genera.
accepted standard of care applicable to those professional services; or
2. any breach of guarantee or promise with respect to cos - = Mings, profits or return o ft-' or
3.
any liability assumed under any contract or agreement, i
or hold harmless agreements, except to the e - he In
absence of such contract or agreement for th
based upon or arising directly or indirectly out
manufacture, repair, maintenance, rem e 'ation o
not limited to, materials, equipment cts,
provided, however, that this exclusio 7 F t
reported to the Underwriters during 041 -
omission including personal injury in th
based upon or arising dir
equipment, goods or otheNInst any license issued by any t.
covered pur t to Insuring Ag
but not limited to an ndemnity
J ould have b-1-11 liable in the
91,10,
nal servi
Fon, fabrication, installation, assembly,
of any building or structure including but
rnished in connection with such activities;
claim first made against any Insured and
L_ance period based upon an act, error or
Tonal services.
fabrMtion, manufacture, or assembly of any products,
d or supplied by any Insured, or by others pursuant to
�er, that this exclusion will not apply to any claim that is
y out of the actual or alleged rendering of:
r, pager services; or
n services.
ervices Privacy Breach and Security Breach Exclusion
ut of a Privacy Breach or a Security Breach, except to the extent covered under
ba on or arising directly or indirectly out of the actual or alleged failure to obtain or maintain any form
of insurance, suretyship or bond for any Insured or any other entity or individual.
O. Financing Advice Exclusion
based on our arising directly or indirectly out of any Insured's alleged actual or alleged advising or
requiring of, or failure to advise or require, or failure to maintain or procure any financing or monies for the
payment of any portion of any project or for services rendered in connection with such project.
{N1864066.1 LAE -000 (3/19/2021) MinlCo-AE-2021
Page 9 of 15 Printed in U.S.A.
P. Insured Capacity Exclusion
based on our arising directly or indirectly out of any Insured acting in her or his capacity as a principal,
director, officer and/or employee of any entity other than the Named Insured.
Q. Unfair Business Practices Exclusion
based upon or arising out of any actual or alleged false, deceptive or unfair business pr s, violation of
consumer protection laws, or false or deceptive advertising.
With respect to Insuring Agreement C only, the following Exclusions also apply to an
,adW,rm:
R. based upon or arising out of war, invasion, acts of foreign enemies, hostilitieV- rlikeations
U. based upon or arising out of any actual or all
active cooperation, participation, or assist
assignees;
V. based upon or arising out of any f
power, utility services, satellites, o
operational control;
W. based upon or arising out of any failu
infrastructure compriu r supportir
X. based upon or arising
Insured's Computer
requirements;
ing out of th
ct%Q I
ices anc
Cation
isapproy . °on of a =F et by, or with
any Insur r any of a :ed's successors or
F16wnout or blackout, or any other disruption of
services not within any Insured's direct
e linen
lines, data transmission lines or other
siveign, architecture or configuration of any
limited to the failure to design for traffic and capacity
to ensure that any Insured's Computer System is reasonably
ems maintenance procedures that are equal to or superior to
is Certificate of Insurance;
any inad = cy or weakness in any Insured's Network Security that any Insured had knowledge
of prior to 211 ffective Date of this Certificate of Insurance;
sur failure to take reasonable steps to use, design, maintain, and/or upgrade its
Se _ y; or,
the in = °ty t use, or lack of performance of, any software: (a) due to expiration, cancellation, or
withdr. I of such software; (b) that had not yet been released to the production environment; or
(c) t = as not passed all test runs or proven successful in daily operations.
I-Won or arising out of the existence, emission or discharge of any electromagnetic field,
omagnetic radiation or electromagnetism that actually or allegedly affects the health, safety or
condition of any person or the environment or that affects the value, marketability, condition or use of
any real or personal property or that actually or allegedly causes Bodily Injury or Property Damage.
E (N1864066.1 } LAE -000 (3/19/2021) MiniCo-AE-2021
Page 10 of 15 Printed in U.S.A.
V. CONDITIONS
A. Reporting of Claims and Potential Claims:
1. The Insured, as a condition precedent to the obligations of the Underwriters under this Certificate
of Insurance, will give written notice to the Underwriters as soon as reasonably possible during the
Certificate of Insurance period of any claim made against the Insured.
The Underwriters further agrees that the Insured may have up to, but not to
the Certificate of Insurance expiration to report in writing to the Unde
AM
against the Insured during the Certificate of Insurance period, if there
soon as reasonably possible.
If during the Certificate of Insurance period, any Insured becomes aw
which may reasonably be expected to be the basis of a claim against any
not limited to any notice, advice or threat, whether written or verbal, that a:
intends to hold the Insured responsible for any alleged t or omission, including
Insured to enter into a tolling agreement and gives ,. '-n notice to the Unde
available particulars, including:
The specific act or omission;
The dates and persons involved;
The identity of anticipated or pos
The circumstances by whic
Potential damages or inju
then any claim that is subsequently l
be deemed to have been made on t
Said documents aS.ation shspecified in Item 11 s'� dule ti
Assistance and Coop
e aware of the possible claim; and
st the d arising out of such act or omission will
writte ice was received by the Underwriters.
r emailed to the Underwriters' representatives
i Insurance
th the Uerwriters and upon the Underwriters' request, attend
d assist in effecting settlements, securing and giving evidence,
I _ -es and in the conduct of suits and proceedings in connection
to a Underwriters, except as provided for in the Supplementary
rtificate of Insurance.
W ill assist in the enforcement of any right of contribution or indemnity against any
nization who or which may be liable to any Insured in connection with a claim.
not, except at the Insured's own cost, voluntarily make any payment, assume or
or incur any expense without the prior written consent of the Underwriters.
lbtion may be brought against the Underwriters unless, as a condition precedent thereto:
a. The Insured has fully complied with all the terms of this Certificate of Insurance; and
b. Until the amount of the Insured's obligation to pay has been finally determined either by
judgement against the Insured after actual trial and appeal or by written agreement of the
Insured, the claimant and the Underwriters.
(N1864066.1 LAE -000 (3/19/2021) MiniCo-AE-2021
Page 11 of 15 Printed in U.S.A.
2. Nothing contained in this Certificate of Insurance will give any person or organization the right to
join the Underwriters as a defendant or co-defendant or other party in any action against the
Insured to determine the Insured's liability.
D. Bankruptcy
Bankruptcy or insolvency of the Insured or of the Insured's estate will not relieve the Underwriters of any
of its obligations hereunder. ,4&
E. Other Insurance
Such insurance as is provided by this Certificate of Insurance shall be ex c - f any oth id and
collectible insurance, whether such insurance is stated to be primary, contrib T. excess ingent or
otherwise, unless such other insurance is written specifically as excess and so a eference to
this Certificate of Insurance number.
F. Subrogation
In the event of any payment for any claim under this Certificate
subrogated in the amount of such payment to all the Insured's ri
organization. The Insured will execute and deliver ' {- --- - s
necessary to secure such rights. The Insured will d . I ng a
Notice to any agent of the Underwrite
person will not effect a waiver or a chax,
preclude the Underwriters from asse
None of the provisions of this Certifical,
written endorsement issued by the Unde
This Certificate
Underwriters. The
notice to the Underwri
r re' will be
ny person or
Lever else is
a ssed by any such agent or by any other
certificate of Insurance, and will not prevent or
ht or provision of this Certificate of Insurance.
Wwaived, changed or modified except by a
,this Certificate of Insurance.
icelle by the Named Insured by returning it to the
Iso cancel this Certificate of Insurance by giving written
ture date cancellation is to be effective.
rs may can = nonrenew this Certificate of Insurance by sending written notice
at the Rress last known to the Underwriters. The Underwriters will
st 0 days before cancellation or nonrenewal is to be effective.
erw ancels this Certificate of Insurance because the Insured has failed
when due, this Certificate of Insurance may be canceled by the Underwriters by
amed Insured written notice stating when, not less than 10 days thereafter, such
ill be effective. The time of surrender of the Certificate of Insurance or the effective
of cancellation stated in the notice will become the end of the Certificate of
d. Delivery of such written notice either by the Named Insured or by the
ill be equivalent to mailing.
oth derwriters cancels this Certificate of Insurance, the earned premium will be computed pro
he Named Insured cancels this Certificate of Insurance, the Underwriters will retain the
mary short rate proportion of the premium. Premium adjustment may be made either at the
cancellation is effected or as soon as practicable after cancellation becomes effective, but
payment or tender of unearned premium is not a condition of cancellation.
4. The offering of terms and conditions different from the expiring terms and conditions, including
limits of liability, retention or premium, shall not constitute a refusal to renew or a cancellation of
this Certificate of Insurance.
(N1864066.1 } LAE -000 (3/19/2021) MiniCo-AE-2021
Page 12 of 15 Printed in U.S.A.
I. Territory
This Certificate of Insurance applies to claims arising from professional services rendered worldwide.
This Certificate of Insurance shall not apply to any claim arising from professional services which would
be in violation of the laws of the United States including, but not limited to, U.S. economic or trade sanction
laws or export control laws administered by the U.S. Treasury, State, and Commerce Department.
Named Insured sole Agent
The Named Insured will be the sole agent and will act on behalf of all Insureds f
receiving any notices, any amendments to or cancellation of this Certificate of I.
of any applications and the making of any statements, representations and w
any premium and the receipt of any return premium that may become due
Insurance, for the payment of the retention and the exercising or declining to exerc
Certificate of Insurance including the purchase of an extended reporting period.
Entire Contract
By acceptance of this Certificate of Insurance the Insured warrants
All of the information and statements provi
not limited to, the application and any s -
and will be deemed to constitute maters_= -
This Certificate of Insurance is i
This Certificate of Insurance,
- A
application and any and all sup
the Underwriters (all of whichlar
all of the agreements existing be
entire contract b -e Mew the Insw
Any material mis
the Certificate of Ins
09d, including but
rate and complete
e Insured's representations;
ement to, together with the completed and signed
infor- .t and statements provided by the Insured to
hereto eemed to be incorporated herein) embody
t cured a "e Underwriters and shall constitute the
td th erwriters; and
hent . the Insured or the Insured's agent will render
d relieve the Underwriters from all liability herein.
'. nsured will be submitted in writing to the Underwriters or their
ddr ss specified in the Declarations. If mailed, the date of mailing of
'ie date such notice was given and proof of mailing will be sufficient
Vest of the Insured under this Certificate of Insurance
onsent is endorsed hereon.
noroverage under this Certificate of Insurance would be excluded because of dishonest,
wrongful, fraudulent, criminal or malicious acts or omissions, the Underwriters agrees that
such insurance as would otherwise be afforded under this Certificate of Insurance will be applicable with
respect to those Insureds who did not personally participate or personally acquiesce in or remain passive
after having knowledge of such conduct. Each Insured must promptly comply with all provisions of this
Certificate of Insurance upon learning of any concealment.
{N1864066.1 LAE -000 (3/19/2021) MiniCo-AE-2021
Page 13 of 15 Printed in U.S.A.
VI. EXTENDED REPORTING PERIODS
Extended reporting period means the period of time after the end of the Certificate of Insurance period for
reporting claims to the Underwriters that are made against the Insured during the applicable extended
reporting period by reason of an act or omission, which was committed prior to the end of the Certificate of
Insurance period and on or subsequent to the retroactive date, and is otherwise covered by this Certificate
of Insurance.
A. Automatic Extended Reporting Period
a. Written notice to the Underwri
b. With the written notice,
1 4
The additional premium forth
For a one (1) year exte
Certificate rance; or
For a t , exte
Certificate r ='
For a three y ar
Certificate of Ins
premium described below.
orting period will be:
11 't
ers or by the
al emended
med Insured
providing:
100% of the annual premium for the
rind, 150% of the annual premium for the
rting period, 200% of the annual premium for the
tional extended reporting period, if it is purchased, shall run
tended reporting period.
it of liabili e Underwriters for all claims reported during the automatic and optional extended
p ming period be part of and not in addition to the limits of liability for the Certificate of Insurance
.kriod _szMQrt h in 4. in the Declarations.
f R11ht to Any Emended Reporting Period
� to any extended reporting period if the Underwriters cancel or refuse to renew this
urance due to:
onpayment of amounts due under this Certificate of Insurance;
2. Noncompliance by the Insured with any of the terms and conditions of this Certificate of Insurance;
3. Any material misrepresentation or omission in the application or the supplementary information and
statements provided by the Insured for this Certificate of Insurance.
{N1864066.1 LAE -000 (3/19/2021) MiniCo-AE-2021
Page 14 of 15 Printed in U.S.A.
E. Extended Reporting Period - Not a New Certificate of Insurance
The extended reporting period will not be construed to be a new Certificate of Insurance and any claim
submitted during such period will otherwise be governed by this Certificate of Insurance.
{N1864066.1 } LAE -000 (3/1912021) MiniCo-AE-2021
Page 15 of 15 Printed in U.S.A.
3. any liability assumed under any contract or agreement, i g, but not limited to an`
indemnity or hold harmless agreements, except t xtent ured would P -
p
een
liable in the absence of such contract ora" v the ing of rnal
services; or
4. any cost guarantee, cost representati
estimate of probable cost actually or all
5. any liability for the costs associa d wii
by the Insured.
LAE -002 (3/19/2021)
P B R ontract pr tract price
-;or
roject actually or allegedly caused
ITIONS REMAIN UNCHANGED.
EXCLUSION L AMENDATORY ENDORSEMENT
In consideration of the premium charged for the Certificate of Insurance, it is hereby understood and
agreed that:
LAE -004 (3/19/2021)
CYBER EXCLUSION ENDORSEMENT
In consideration of the premium charged for the Certificate of Insurance, it is hereby understood and
agreed that: AL
1. INSURING AGREEMENT C, Network Security and Privacy Liability Coverage eleted in its
entirety.
2. Section IV, EXCLUSIONS AS TO THE CERTIFICATE OF INSURANCE, is Y: fed t � =ode:
This Certificate of Insurance excludes coverage for any actual or alleged 54
and/or claims expenses, of whatsoever nature directly or indirectly caused by,
by, resulting from, arising out of or in connection with: Ak
a cyber incident; or
a cyber act; or
a Privacy Breach, Security Breac
crisis consultancy costs, credit mo
actual credit or payment cards
advice and services).
damages,
kabuted td
ation costs,
replacement of
penses or legal
sed',Wr alicious or criminal act or series of related unauthorised,
Ness of time and place, or the threat or hoax thereof involving
or operation of any computer systems.
r omission or series of related errors or omissions involving access to,
, use of or operation of any computer system; or
rtial or total unavailability or failure or series of related partial or total unavailability or
to access, process, use or operate any computer system.
ch, whenever used in this Certificate of Insurance means:
the theft, loss, access to, acquisition of, or unauthorized or unlawful use or disclosure of any
person's or organization's confidential or personal information, including patents, trade
secrets, processing methods, customer lists, financial information, credit or payment card
information, health information, biometric data or any other type of non-public information,
involving access to, processing of, use of or operation of any computer system; or
LAE -005 (3/19/2021)
B. the violation of any statute, regulation, common-law, or any other law regulating or protecting
access to collection, use or disclosure of, or failure to protect any non-public confidential or
personal information in the form of electronic data.
Electronic data means information, facts or programs stored as or on, created or d on, or
transmitted to or from computer software, including systems and applications sof -, = , hard or
floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other h a which are
used with electronically controlled equipment.
SCHEDULE OF PRIMARY POLICIES
LAE -005 (3/19/2021)
AMENDATORY ENDORSEMENT—
TECHNOLOGY I MEDIA COVERAGE EXTENSION
In consideration of the premium charged for the Certificate of Insurance, it is hereby undersfio and
agreed:
1. Section I, INSURING AGREEMENTS is amended to include:
G. TECHNOLOGY / MEDIA COVERAGE
The Underwriters will pay on behalf of the Insured all sums in excess of th that
the Insured becomes legally obligated to pay as damages and claims expense esult
of a claim first made against the Insured and reported to the Underwriters he
Certificate of Insurance, or Extended reporting period plicable), by reason of
error or omission or personal injury that occurs in c 4 ion with the perrormanc 4
technology services or media activities, provided that:
1. such act, error or omission or personal ink' ;"'` nra, Qmmitq%L.
subseq y the
retroactive date specified in Item 8 of th ara- d
2. prior to the inception date of this CE
Insured had a basis to believe thaffill
related act, error or omission, or pe
basis of a claim.
2. Section III, DEFINITIONS is amend
Media activities means a display, b
gathering, collection ording, of i
or graphics in elegy f k or brc
service or business t' .
Technology services m com
process' internet servi atc,
tech y sulting and tra
Nam l+4puter an
softwa ppo = t ork man
by the I ed, for o = b
fte of Insura =: nd if conti'enewed, no
uch act, err omission, or personal injury or
injury reasonably be expected to be the
minatio 'stribution or release, and/or the
kform o words, sounds, numbers, images,
'ng material that promotes the product,
i nclude computer software.
t electronic technology services, including data
an ication hosting, computer systems analysis,
custom software programming for a specific client of the
are systems installation and integration, computer and
ent services and/or other electronic activities performed
J shall not include Technology products.
rs means acomputer or telecommunications hardware or software product,
cproduct that is created, manufactured or developed by the Named Insured
istributed, licensed, leased or sold by the Named Insured to others, for
Jlud i ng software updates, service packs and other maintenance releases
Joducts.
of personal injury is amended to include:
sappropriation of any name or likeness for the commercial advantage of the Named
sured;
6. misappropriation of ideas or trade secrets, plagiarism, or piracy;
7. copyright infringement;
8. infringement of trade dress, domain name, title or slogan, or the dilution or infringement of
trademark or service mark.
LAE -009 (3/19/2021)
4. Section IV, Exclusion H., EXCLUSIONS AS TO THE ENTIRE CERTIFICATE OF INSURANCE,
Patent/Trade Secret Exclusion is deleted and replaced with the following:
LAE -009 (3/19/2021)
Sanction Limitation and Exclusion Clause
No (re)insurer shall be deemed to provide cover and no (re)insurer shall be liable to pay any claim or
provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or
provision of such benefit would expose that (re)insurer to any sanction, prohibition or restriction under
United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union,
United Kingdom or United States of America.
LMA3100
15 September 2010
COMMUNICABLE DISEASE ENDORSEMENT
(For use on US Errors Et Omissions policies)
Notwithstanding any other provision of this policy to the contrary, this policy i
defend, and does not cover, any actual or alleged loss, liability, damage, c -;
sickness, disease, death, medical payment, defence cost, cost, expense g
directly or indirectly and regardless of any other cause contributing
sequence, originating from, caused by, arising out of, contributed to
otherwise in connection with a Communicable Disease or the fear or threat
perceived) of a Communicable Disease.
As used herein, a Communicable DiseaseI
substance or agent from any organism to an
the substance or
organism or a i_
the method oft
airborne transmissi
o_ '` solid, liquid or
OR no duty to
sation, in.ury,
ether t,
tly any
It not apply to any cl ng
Liendering or failing to nder
ch coverage.' ecifically
disease, = e
adical payment,
but is not IT 3 ed to, any cost to
ble Disease.
ich can be transmitted by means of any
i, h. can cause or threaten bodily injury, illness, emotional
Wealth, human welfare or property damage.
SEVERAL LIABILITY NOTICE
The subscribing insurers' obligations under contracts of insurance to which they subscribe
are several and not joint and are limited solely to the extent of their individual
subscriptions. The subscribing insurers are not responsible for the subscription of any co -
subscribing insurer who for any reason does not satisfy all or part of its obligations.
08/94
LSW1001 (Insurance)
NUCLEAR INCIDENT EXCLUSION CLAUSE -LIABILITY -DIRECT (BROAD) (U.S.A.)
For attachment to insurances of the following classifications in the U.S.A., its Territories and
Possessions, Puerto Rico and the Canal Zone:
Owners, Landlords and Tenants Liability, Contractual Liability, Elevator Liability,
Owners or Contractors (including railroad) Protective Liability, Manufacturers and
Contractors Liability, Product Liability, Professional and Malpractice Liability,
Storekeepers Liability, Garage Liability, Automobile Liability (including Massachusetts
Motor Vehicle or Garage Liability),
not being insurances of the classifications to which the Nuclpa
''r' Incident Exclusion Clause-
tt:,,,;..:.:E,
Liability -Direct (Limited) applies.i jig,
}
This Policy does not apply:
I. Under any Liability Coverage, to injury, sickneqsi:i." deathjor destruction
(a) with respect to which an insure#d `un'de'r,;ahe Pothcy is also an insured under a
nuclear energy liability policy issued `bEt{ Nuclear keEnergy Liability Insurance
Association, Mutual Atomic Energy Liability UnderwritersiFor Nuclear Insurance
- �i (=F 'i7 rrf'
Association of Canada', f+or; would''+be an insured under any,such policy but for its
termination upon exh'austi;onof itsFtirm�rt''of liability; or
(b) resulting from the hazardous properties of 'nuclear material and with respect to
which y£person or or'granizat'o.n:,ls requi`re'd to maintain financial protection
pursuant``'to`! th'e Atomic Energy Act' iof, 1954, or any law amendatory thereof, or
(2) the insured is, = or,'=h.ad t'hi's Policy' not been issued would be, entitled to
f f.
indemnity from ,the Un`�tedF State of America, or any agency thereof, under any
'agreement entered into by"the,,Un�ted States of America, or any agency thereof,
:.
with any person or oran.�zat�on.
Under anttyn Medicxal Ptatyments( Coverage, or under any Supplementary Payments
=1
Provision relating to immediate medical or surgical relief, to expenses incurred with
respect to'b:odly` injury, `si'ckness, disease or death resulting from the hazardous
Fiji— ili £;s `
properties ofl'?n`ucLear material and arising out of the operation of a nuclear facility
f i=±
by{ any ,person or organization.
III. Under anyi'iability Coverage, to injury, sickness, disease, death or destruction
resulting .f, the hazardous properties of nuclear material, if
(a) the'""nuclear material (1) is at any nuclear facility owned by, or operated by or
on behalf of, an insured or (2) has been discharged or dispersed therefrom;
(b) the nuclear material is contained in spent fuel or waste at any time possessed,
handled, used, processed, stored, transported or disposed of by or on behalf of
an insured; or
(c) the injury, sickness, disease, death or destruction arises out of the furnishing by
an insured of services, materials, parts or equipment in connection with the
planning, construction, maintenance, operation or use of any nuclear facility,
but if such facility is located within the United States of America, its territories
or possessions or Canada, this exclusion (c) applies only to injury to or
destruction of property at such nuclear facility.
IV. As used in this endorsement:
"hazardous properties" include radioactive, toxic or explosive
properties; "nuclear material" means source material, special nuclear
material or by-product material; "source material", "special nuclear
material", and "by-product material" have the meanings given them in
the Atomic Energy Act 1954 or in any law amendatory thereof; "spent
fuel" means any fuel element or fuel component, solid or liquid, which
has been used or exposed to radiation in a nuclear reactor; "waste"
means any waste material (1) containing by-product material and (2)
resulting from the operation by any person or organization of any
nuclear facility included within the definitio --`6f nuclear facility under
;t t, ;,;:
paragraph (a) or (b) thereof; "nuclear faci.lty':means
(a) any nuclear reactor,
(b) any equipment or device ,.designed or used `for (1) separating the
hilt,
isotopes of uranium or plutonium, (2) processing: or utilizing spent
fuel, or (3) handling, processing or packaging waste;
(c) any equipment orkdevice used for the: processing, fabricating or
tail IF
t SI i-qP
f ! a �f i
alloying of special nuctear material if at any time',�,-_-
,the total amount
of such rater�al "�n the custody of th'e' insured at the premises
t111 i. ittltf ♦:s . } ............ '
where such equipment or device is located :consists of or contains
} ` +'` lutonium or uranium 233 or any
more tha3n 2:5 ,;grams i�,,of�f;, p
i• �3 4{j i, i f
combinatio! �thefre:of, or more, than 250 grams of uranium 235,
structure '',,,basin;.'.,excavat�d , premises or place prepared or
for.the storage or sposal of waste,
and includes t
i
operations"tt��cor.
operations; "n"u
sustaT !;i u tear
he siteon which any of the foregoing is located, all
f f
duct ed,@-onr.�.Fsuch site and all premises used for such
ear reactor" means any apparatus designed or used to
sson in a self-supporting chain reaction or to contain a
fissionable material. With respect to injury to or
operty, the word "injury" or "destruction" includes all
ive contamination of property.
iticau;}'mass, of
;
structi o n
r s` of radioac1
� fttood and agreed that except as specifically provided in the
tdf.,i he contrary, this clause is subject to the terms, exclusions,
and limitations of the Policy to which it is attached.
s respects policies which afford liability coverages and other forms of
coverage in addition, the words underlined should be amended to designate the
Liability coverage to which this clause is to apply.
NMA1256
17/03/1960
RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE -LIABILITY -DIRECT (U.S.A.)
For attachment (in addition to the appropriate Nuclear Incident Exclusion Clause -Liability -Direct)
to liability insurances affording worldwide coverage.
In relation to liability arising outside the U.S.A., its Territories or Possessions, Puerto Rico or the
Canal Zone, this Policy does not cover any liability of whatsoever nature directly or indirectly
caused by or contributed to by or arising from ionising radiations or contamination by radioactivity
from any nuclear fuel or from any nuclear waste from the combustion oftuclear fuel.
NMA1477
13/02/1964
SERVICE OFSUIT CLAUSE (U,SLA~)
It is agreed that in the event of the failure of the Underwriters hereon to pay any amqQht--PAc ai
to be due hereunder, the Underwriters hereon, at the request of the Insured (or,R iMred), will
submit to the jurisdiction of a Court of competent jurisdiction within the United Nothing in
this Clause constitutes or should be understood to constitute a waiver of UA-d'erwriters' rightM,
commence an action in any Court of competent jurisdiction in the Unite_&:__151es to rempy, an
MINE -
action to a United States District Court, or to seek a transfer of a casez-;.-,-;-,t;o--7;-:-.-,--1,a.notherA' as
permitted by the laws of the United States or of any State in the United States. 105" 1
It isfurther agreed that service ofprocess insuch suit may bemade upon
Ah
I Add -
Lloyd's America, Inc.
Attention: Legal department
280 Park Avenue, East Tower, 25th Floor AIR
New York, NY 10017
AGO
IMM son
and that in any suit will abide
MEN-
bythe �naideddonufsuch Court orofany����[late Court iMevent of������L
't service of process on behalf of
The above-named are authorized and difze-c-ted, to a'cdep
Underwriters in any such suit and1- t% f the Insured (or Reinsured) to give a
MWWo
VEY
Al 011, WIN
hey will enter a general appearance upon
written undertaking to the Insure'dI (R.- W.insured
Wgil
Underwriters' behalf in the event skhlf`vt hall if Auted.
Further,
lbrri oryor is nc of the United States which makes
'the Superintendent, Commissioner or
fied purpose in the statute, or his successor or
Al
.Watt on whom may be served any lawful process
My o r o n behalf of the Insured (or Reinsured) or any
dhtract of insurance (or reinsurance), and hereby
Mkqp,whom the said officer is authorized to mail such
WAR AND TERRORISM EXCLUSION ENDORSEMENT
Notwithstanding any provision to the contrary within this insurance or any endorsement
thereto it is agreed that this insurance excludes loss, damage, cost or expense of whatsoever
nature directly or indirectly caused by, resulting from or in connection with any of the
following regardless of any other cause or event contributing concurrently or in any other
sequence to the loss;
(1) war, invasion, acts of foreign enemies, hostilities or warlikeoperations (whether war
be declared or not), civil war, rebellion, revolution, insurre ion, civil commotion
assuming the proportions of or amounting to an u risin,g��ilitarY or usurped power
or
(2) any act of terrorism
For the purpose of this endorsement an act of,".,'terrorism means'- mlact, including but
not limited to the use of force or violence and%or'the threat thereofl-of an pe. or
;7 ,1 Y P t
group(s) of persons, whether acting atoneo_r on behalf of or in connection with =any
organisation(s) or governments) cornm�tted for poht�cal, religious, ideo7"', logi7 cal or
similar purposes including the intention to influence any government and%or to put
�}
the public, or any section of the pbo( , in fear `,111"q'
This endorsement also excludes loss" damage, cost`or expense of what's'oever nature directly
or indirectlycaused b resulting from or,,jn::connection with any action taken in controlling,
Y7 `+ f—
I: orf �.e t
preventing, suppressing or in any way relating to (1) an'd , (2) above.
If the Underwriters allege,that by reason,oflthis exclusion,'any..loss, damage, cost or expense
is not covered by this in`s'ura'nc'e he burden -of proving the contrary shall be upon the Assured.
(1 j G Eta '15th `
13 4 i
Y P , ,, : r t, .r ,,
In the event an portion of this ,e;ndorsem,ent �s; found to`be invalid or unenforceable, the
remainder shall,re:main in full force..:and effect
NI
Of