PERMFILE65348

• Permit No: C1981053
• IBM Index Class Name: Permit File
• Doc Date: 12/11/2001
• Section_Exhibit Name: 2.03.4 IDENTIFICATION OF INTEREST
• Media Type: D
• Archive: No

1. COVERAGE A-BODILY INJURY LIABILITY
COVERAGE 8-PROPERTY DAMAGE LIABILITf
The company will pay on behalf of the insured all sums which the insured shall
become legally obligated to pay as damages because of
A. bodily injury hr
B. property damage
to which this insurance applies, caused by an oecurtence, and the company shall
~ave the right and duty to defend any suit against the insured seeking damages
on account al such hodily injury or property damage, even if any of the allegations
of the suit are groundless, tale ar fraudulent, and maY make such investigation
and settlement of any claim or suit as it deems expedient, but the company shall
not be obligated tp pay any claim or judgment or fo defend any suit alter the
applicable limit of the company's liability has been exhausted by payment of
judgments ar settlements.
•
•
Exclusions
This insurance does not apply:
sal to liability assumed by the insured under any contract or agreement except
an incidental contract; but this exclusion does not apply to a warranty of
fitness or quality of the named insured's products or a warranty that work
performed by or on behalf of the named insured will be done in a workmanlike
manner;
Ibl to hodily injury or property damage arising out of the ownership, maintenance,
operation, use. loading or unloading of
It) any aulomohile or aircraft owned or operated by or rented or loaned to
any insured, or
l21 any other aulomohile or aircraft operated by any person in the course of
his employment by any insured;
but This exclusion does not apply to the parking of an automobile on premises
owned hy, rented to or controlled by the named insured or the ways imme~
diafely adjoining, rf such automobile is not owned by or rented or loaned to
any insured;
Icl to bodily injury or property damage arising out of (ll the ownership, main-
tenance. operation, use, loading or unloading of any mehile equipment while
being used in any prearranged or organized racing, speed or demolition
contest or in any stunting activity or in practice or preparation far any such
contest or activity or 121 the operation or use of any snowmobile or [railer
designed for use therewith;
(dl to hodily injury ar property damage arising out of and in the course of the
transportation of mobile equipment by an automobile owned or operated by
or rented or loaned to any insured;
(el to hodily injury or property damage arising out of the ownership, maintenance,
operation, use. loading or unloading of
Il) any walercrall owned or operated by or rented pr loaned to any insured, or
12) any other watercraft operated by any person in the course of his em•
ployment by any insured;
but this exclusion does not aDD1Y to watercraft while ashore on premises
owned by, rented to or controlled by the named insured;
(0 to bodily injury or property damage arising out of the discharge, dispersal,
release or escape of smoke, vapors, soot, lames, acids, alkalis, toxic chemicals,
liquids or gases, waste materials or other irritants, contaminants or pollutants
into or upon land, the atmosphere or any water course or body of water; but
this exclusion does not apply if such discharge, dispersal, release or escape
is sudden and accidental;
lgl to bodily injury or property damage due tp war, whether or not declared,
civil war. insurrection, rebellion pr revolution dr to any act or condition
incident to any of the foregoing, with respect to
Ell liability assumed by the insured under an incidental contract, or
121 expenses for first aid under the Supplementary Payments provision;
Ih) to hodily injury or property damage for which the insured or his Indemnilee
may be held liable
III as a person ur organitaliun engaged in the business of manulacluring,
distributing, selling or serving alcoholic beverages, or
!21 it not so engaged, as an owner or lessor of premises used for such
purDOSes.
if such liability is imposed
(il by, ar because of the vrulation ol, any statute, ordinance or regulal~on
pertaining to the sale, gilt. distribution or use or any alcoholic beverage,
or
fill by reason of she selling, serving or giving o! any alcoholic beverage to a
minor or to a person under the influence of alcohol or which causes or
contributes tp the intoxication pl any person;
but part iii) of this exclusion does not apply with respect !o liability of the
insured or his indemnilee as 'n owner or lessor Described in 121 above;
lit to any obligation for which the insured or any carrier as his insurer may
h? held Kahle under any workmen's compensation, unemployment compensa~
lion or daabihty benelds law, or under any similar law;
lit to hodily injury to any employee of the insured arising out of and in the
course of his employment by the insured or to any obligation of the insured
to indemnify another because of damages arising out of such rotary; but this
exclusion does not apply to liability assumed by the insured under an
incidental contract;
fkl to property damage to
fl) property owned or ocrupied by or rented to the insured,
121 property used 6y the insured, or
131 properly in the care, custody or control of the insured or as to which
the insured Is for any purpose exercising phys;cal control;
but parts 121 and f3) of this exclusion do not apply with respect to liability
under a written sidetracN agreement and part (31 of this exclusion does not
apply with respect to property damage (other Than tp elevators) arising out of
the use of an elevator al premises owned by, rented to or controlled by the
named insured;
111 to property damage to premises alienated by the named insured arising ou:
of such premises or any part thereof;
(m)lo lass of use of tangible properly which has not keen physically injured or
d^-strayed resulting Gom
(I) a delay in or lack of performance by or on behalf of the named insured
of any contract or agreement, or
121 the failure of the named insured's products or work performed by or on
behalf of the named insured to meet the level of performance, quality.
fitness or durability warranted or represented by the named insured;
but this exclusion does not apply to loss of use of other tangible prppery
resulting from the sudden and accidental physical injury to or destruction of
the named insuretl's products or work performed by or on behalf of the
named insured after such products or work have been put to use by an
person or organization other than an insured;
In) to property damage to the named insured's products arising out hf sue'
products or any part of such products;
col to property damage to work performed by or on behalf of the named Ensure
arising out of the work or any portion Thereof, or out of materials, parts o
equipment furnished in connection therewith;
(pl to damages claimed for the withdrawal, inspection, repair, replacement, d
loss of use of the named insurcd's products or work completed by or fo
the named insured or of any property of which such products or work torn
a part, if such products, work or property are withdrawn from the market c
from use because of any known or suspected detect or deficiency therein;
(q) to property damage included within
111 the explosion hazard in connection with operations identified in chi
policy by a classification code number which includes the symbol "x",
f2) the collapse hazard in connection with operations identified in chi
policy by a classification code number which Yncfudes the symbol "i',
(31 the under¢round property damage hazard in connection with operation
identified in this palmy by a classification code number which include
the symbol "u'".
II. PERSONS INSURED
Each of the following is an insured under this insurance to the extent set tort
below:
(al if the named insured is designated in the declarations as an individual, th
person so designated fiat only with respect to the conduct of a business c
which he is the sole proprietor, and the spouse of the named insured wit
respect to the conduct of such a business;
Ib) if the named insured is designated in the declarations as a partnership e
joint venture, the partnership or loint venture so designated and any panne
or member thereof but only with respect to his (lability as such:
Icl if the named insured is designated in the declarations as other than an ii
dividual, partnership or joint venture, the organization so designated and an
executive otfiner, director or stockholder thereof while acting wdhin the stop
of his dupes as such,
Id) any person (other than an employee of the named insured) or organizalio
while acting as real estate manager Ipr the named insured; and
let with respect to the operation, for the purpose of locomotion upon a puhli
highway, of mahile equipment registered under any motor vehicle registratio
law,
lit an employee of the named insured while operating any such equipment i
the course of his employment, and
iii) any other person while operating with the permission of the named insure
any such equipment registered in the name of the named insured and ar
person or organization legally responsible far such operation, fiat only
there is no other valid and collechbie insurance available, either on
primary or excess basis, to such person or organi:alion;
provided that no person or organization shall be an insured under this par.
graph ;e) with respect to~.
IL1 hodily injury to any fellow employee of such person injured in the tours
of his employment, or
121 property damage to properly awned by, rented to, in charge pf or occupie
by the named insured or the employer of any person described in sal
paragraph lii1.
This insurance does not aDPIY to bodily injury or property damage arising out c
the conduct of any partnership or Point venture of which the insured is a parlor
or member and which is not designated in (fins policy as a named insured.
III. 11M1TS OF LIABILITY
Regardless of the number of tl) insureds under this policy, 12) persons or organ
zations who sustain hodily injury or property damage, or l31 claims made or sui
brought on account of bpdily injury or property damage, the company's liability
limited as follows:~
Coverage A-The total liability of the company for all damages, includir.
damages for care and loss o! services, because of bodily Injury sustained by or
or more persons as the result of any one occurrence shall not exceed the limit
hodily injury liability stated in the schedule as applicable to "each occurrence
Subject to the above provision respecting "each occurrence", the total liabili
of the company for all damages because of (ll all bodily injury included within 11
completed operations hazard and 121 all bodily injury included within the produe
hazard shall not exceed the limit of hodily injury liability stated in the schedu
as "aggregate".
Coverage B-The fatal liability of the company for all damages because of a
property damage sustained by one or mare persons or organizations as the resu
of any one occurrence shall not exceed the limit of property damage liability state
in the schedule as applicable to "each occurrence".
Sublecl to the above provision resneCling "each occurrence", the total liabili'
of the Company for all damages because of all property damage to which fh
coverage applies and described in any of the numbered subparagraphs bolo
shall not exceed the limit of property damage Inability stated in the schedule
"aggregate":
lLl all property damage arising out of premises or operations rated on a n
muneration basis or contractor's equipment rated on a receipts basi
including property damage for which liability is assumed antler any i,
cidental contract relating to such premises or operations, out excludir
property damage included in subparagraph 121 below;
.21 au prppertY damage arising out of and occurring in the course of operalior
performed Ter the named insured by independent contractors and goner;
supervision thereof by the named insured, including ant such proper'
damage tar which Inability is assumed under any inmdental contras
relating to such operations, fiat this subparagraph 121 does not includ
property damage arsing oat of maintenance or repairs at premses owne
by or rented to the named insured or structural alterations at such premis[
which do not involve changing the size of or moving buildings or othr
structures:
131 all property damage included within the products hazard and all propeA
damage Included within the completed operations hazard.
Such aggregate limit shall apply separately to the property damage describe
in subparagraphs (l), 121 and 131 above, and under subparagraphs ll) and (2
seDaralely with respect to each project away from premises owned by or nonce
to the named insured.
Cgvera¢es A and B-For the purpose of determining the limit of the company
liability, all hodily injury and property damage arising out of continuous or r
pealed exposure to subs(anlially the same general conditions shall be considere
as arising out of one occurrence,
IV. POLICY TERRITORY
This insurance applies only to hodily injury or property damage which occur
within she policy terrltary.