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BROAD fORM COMPREHENSIVE GENERAL ttABILITY ENDORSEMENT-(Continued) GL 04 04
<br />(Ed. 5-gt)
<br />PERSONAL INIURY AND ADYERTf51NG INIURY l1ARIlITY CDYERAGE
<br />~} The company will pay art Dehall of the insured alt sums which the
<br />cured shxA become legally obligated to pay as damages because of
<br />pesoml inyuq or adrertising injury to which INS msurance applies.
<br />sustained by any person or organization and arising out of the cdndutt
<br />of the named insured's business, wnhrn the polity territory, and the
<br />company shall Rave the right and duty to defend any soil against the
<br />insured seeking damages on account of cute mlury, even d any al the
<br />allegations of th! sort art groundless, false or fraudulent, an0 may
<br />make inch mveshgahan and settlemem of any clam ur sw! as d deems
<br />espedrent, but the company shall not Ge aphgated In pay any tla~m or
<br />lodgment or to defend any curt after the applicable limit of the compa-
<br />ny's liability has Reen eshausted by payment of judgments err settle
<br />inters.
<br />(8} Ihrs insurance does not apply
<br />(I) to 6apd~ty assumed by the insured under any contract ar agree
<br />meek
<br />(1} to personal injury or adrertising injury ansmg out of the wiiul
<br />notation at a Dena1 statute or ordinance committed by or wnh the
<br />Nnowledge or consent al the insured;
<br />(~} to personal injury or adrertising inryry arising out of a publica~
<br />turn or utterance of a libel dr slander, err a pubhcalron or utterance
<br />m notation of an mtl,ndual's right o1 pnvaty, d the full injunaus
<br />pubticahan or utterance at the same err s~mdar material by or an
<br />behalf at the named insured was made prior to the elfeclivc dale
<br />of Ibis msurance;
<br />(U l0 6ersonal injury of adrertising injury ansmg cut at Noel or
<br />slander. or the puhhcahon ur utterance of delamalory or drsDarag~
<br />mg matenai conrernmg any person or organiiabon or goods, Vrod~
<br />acts or serves. m in viola(+on of an mdmdual"s ngh! of pnvaty,
<br />made 6y a of the duechon of the insured wdh knowiedge of the
<br />tal;itY lhereoh.
<br />• (S) to persomY injury or adrertising injury arising out of the con-
<br />duct a1 any parinersmD ar joint venture of white the insured is a
<br />partner or member and which is not devgnaled m the declarations
<br />of the policy as a named insured;
<br />(b) to adrertising injury arising out of
<br />(a} failure of performance of contract, 6u1 this eaclusion does
<br />not apply to the unaulhor~yed appraDr~a(+on al ideas based
<br />uDOn alleged breach of +mDiie6 contract, or
<br />(b) inL•mgement of trademark, serwce mark or trade name.
<br />other Ihan hues or slogans. 6y use the«ot on or rn connection
<br />wnh goods, products or sernces sold. offered for sate or adver
<br />hsed, or
<br />([) mCOneG descripl~On or miSlaNe m adreibred pace al
<br />goods. D+oducts err serves sold, o(fe«d for sate nr adverhsed;
<br />p) with respect to adrertising injury
<br />(a) to any insured m the business of adverbvng, Draadcasbng,
<br />puDlieNng or (etecast~ng, m
<br />(b) to any mryry ansmg nut of any ad committed by IAe in-
<br />sured with actual malice.
<br />{C}limits of liability
<br />Regardless of the pumper of (1) insureds hereunder. (T) persons a
<br />organizations who sustain injury or damage, or {3) claims made or
<br />suds Drought on account at personal injury err advertising injury, the
<br />total nmd of the company's liability under this coverage tar all
<br />damages shall not exceed the 1+md of hapdny stated m CMS en
<br />dorsemeni as "aggregate".
<br />(D) Additional Definitions
<br />"Adrertisinj Injury" means injury ansmg out vt an oflense commd~
<br />red dunng the policy permd occuomg m the course of the named
<br />insu¢d"s advatrsmg acbvnies, d such injury ansas aul of hhei.
<br />. slander, detamabon, notation al right at pnvaty, prrazy, unlmr
<br />competition, or inlringemen! of copyright, title err slogan.
<br />"Personal Injury" means injury erasing out of ant or mare of the
<br />following oflenses commuted dunng (he pabcy period:
<br />(ll false arrest, detenhan, ~mprisonmenl, or mal¢ious prosecu
<br />lion:
<br />(1) wrongful entry ar eviction or other invasion of the right of pn-
<br />valeoccupancy:
<br />(3) a puhiaatwn or utterance
<br />{a) of a 60d or slander or other defamatory or dlsparagmg
<br />material, or
<br />(D) in violation of an individual's right of privacy;
<br />except pubiicatrons ar utterances in the Course at or related
<br />to advertising, broadcasting, publishing or telecasting aclrvi-
<br />ties conducted by or on behalf of the named insured shall
<br />not 6e deemed personal in)ury.
<br />IU. PREMISES MEDICAL PAYMENTS CDYERAGE
<br />The company will pay to ar for each person who sustains bodily injury
<br />caused 6y acadent alt reasonable medical expense incurred wdhm one
<br />year Irom the date of the acadent on account of such bodily injury.
<br />pmrded such bodily injury err ,es out of (a) a conddan m the insured
<br />premises, or (b) operat,ons with respect to wn~ch the named insured ~s
<br />afforded coverage far bodily injury 6aMldy under the potty.
<br />ih,s insurance does eat apply:
<br />(A) to bodily injury
<br />(1} arising out al the ownersh~0. mamfenance, operation. use, load
<br />mg or un)aad~ng of
<br />(a) any automobile or ancraft awned or oDe+ated by or rented
<br />or loaned to any insured. or
<br />(b1 any ether automobile err ancraft operated by ary person in
<br />the course of his emDtoymenl 6y any insured;
<br />6uf this estlusian tloes not apply to the parking of en aufomobil!
<br />on the insured premise, d such automobile is not owned by or
<br />rented err loaned to any inwrM:
<br />{Z) ansmg out of
<br />(a) the ownership, maintenance, operabon, use, loading pr un-
<br />load+ng of any mahiie eWipment while bung used ~n any prear-
<br />range4 or organired racing, speed or demvlilron contest or in
<br />any stunting acliwty m in prachce or p«parat+on for any such
<br />contest or actrvdy, or
<br />{D}the operabon or use of any snowmopde or haler devgned
<br />for use thtrewdh:
<br />(i) owned or operated 6y or rented or loaned to any in•
<br />cured, or
<br />(ii}operated by any person in the course o[ his employ-
<br />ment by any insured;
<br />{3) arising out al the ownership, maintenance, operabon, use, toad•
<br />mg or unloading of
<br />(a) any watercraft owned or operated by or tented or loaned to
<br />any insured, ur
<br />(D) any other watercraft operated by any person in the course
<br />of his employment 6y any insured;
<br />but this eaclusion does not apply to watercraft while ashore on
<br />the insured premises;
<br />(d) arising out of and m the course of the IranSportahon of mobile
<br />equipment Dy an automobile awned or nperateJ by err rented or
<br />maned to the named insured;
<br />18) to twdily injury
<br />(t} included wilh~n the completed operations hazard or the prod•
<br />arts havrd;
<br />(1) ans+ng out at operations perlnrmed for the mined insured Dy
<br />independent canfraUprS other than
<br />(a} mamtenente and repair of the insured premiss, or
<br />fb} strudwal aRerahons al such premres wn¢h do not invvtre
<br />changing the size of a moving buildings ar other structwes;
<br />(3) «sulbrtg Irom the setting, serving or gmng of any alcohahc
<br />bevzrage
<br />(a) m nola6on of any statute. ordinance w regulation.
<br />(D) to a minor,
<br />(c) to a person under the influence of aknhoi, or
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