COVERAGE CHANGES AND ADDITIONAL EXCLUSIONS
THIS ENDORSEMENT CONTAINS REPLACEMENT INSURING AGREEMENTS AND DEFINITIONS, AS WELL AS ADDITIONAL EXCLUSIONS, WHICH RESTRICT COVERAGE.
PLEASE READ IT CAREFULLY.
The following modifies insurance provided under the Commercial General Liability Coverage form – CG 00 01 10 01.
INSURING AGREEMENT
AMENDMENT OF INSURING AGREEMENT
Paragraph 1. Insuring Agreement of Section I – COVERAGES, Coverage A Bodily Injury And Property Damage Liability is deleted in its entirety and replaced by the following:
1. Insuring Agreement
a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" 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" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any “claim” or "suit" that may result. But:
(1) The amount we will pay for damages is limited as described in Section III – 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 or settlements under Coverages A or B .
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments – Coverages A and B.
b. This insurance applies to "bodily injury" and "property damage" only if:
(1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory";
(2) The "bodily injury" or "property damage" occurs during the policy period;
(3) The “bodily injury” or “property damage” was not the subject of a “claim” or “suit”, including any consolidated or previously filed “suit”, made or brought prior to, or pending as of, the inception date of this policy, regardless of whether any insured knew of, or was a party to, the “claim” or “suit”; and
(4) Prior to the inception of the policy period, no insured knew that the the “bodily injury” or “property damage” had occurred, in whole or in part. If any insured knew, prior to the policy period, that the “bodily injury” or “property damage” occurred, in whole or in part, then any continuation, progression, evolution, change or resumption of such “bodily injury” or “property damage” during or after the policy period will be deemed to have been known prior to the policy period.
c. “Bodily injury” or “property damage” will be deemed to have been known to have occurred at the earliest time when any insured:
(1) Reports all, or any part, of the “bodily injury” or “property damage” to us or any other insurer;
(2) Receives a written or verbal demand or claim for damages because of “bodily injury” or “property damage”; or
(3) Becomes aware by any other means that “bodily injury” or “property damage” has occurred or has begun to occur.
d. Damages because of “bodily injury” include damages claimed by any person or organization for care, loss of services or death resulting at any time from the “bodily injury”.
e. This insurance does not apply to:
(1.) “Bodily injury” or “property damage,” whether such “bodily injury” or “property damage” is known or unknown:
(a) Which first occurred, or which is alleged to have occurred, prior to the inception date of this policy even if the “bodily injury” or “property damage” continues or progresses into the policy period of this insurance; or
(b) Which is, or which is alleged to be, in the process of occurring as of the inception date of this policy even if the “bodily injury” or “property damage” continues or progresses into the policy period of this insurance.
All “bodily injury” or “property damage” arising from an “occurrence” shall be deemed to occur at the time of the first such “bodily injury” or “property damage”, even though the “occurrence” giving rise to such “bodily injury” or “property damage” may be continuous or repeated exposure to the same generally harmful conditions, and even though the nature, type or extent of such “bodily injury” or “property damage” may be continuous, progressive, cumulative, changing or evolving, and regardless of whether such “bodily injury” or “property damage” is known by or apparent to any person or “insured.”
f. If this policy extends for more than one annual period, or if this policy is renewed by “us,” then the following applies:
(1). The most we will pay for “bodily injury” or “property damage,” that is continuous or progressive, or that is the result of continuous or repeated exposure to substantially the same general harmful conditions, and that first occurs or commences during the period of this policy, is the applicable annual limit of insurance stated in the declarations of this policy.
(2). The applicable annual limit of insurance stated in the declarations of this policy described in paragraph f.1., above, is the only limit that applies to all “bodily injury” or “property damage” that is continuous or progressive, or that is the result of continuous or repeated exposure to substantially the same general harmful conditions, regardless of whether such injury or damage continues into or occurs during any subsequent annual periods of this policy or any renewal policies issued by “us.”
Paragraph 1. Insuring Agreement of Section I – COVERAGES, Coverage B. Personal and Advertising Injury Liability is deleted in its entirety and replaced by the following:
1. Insuring Agreement
a. We will pay those sums that the insured becomes legally obligated to pay as damages because of “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 “personal and advertising injury” to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any “claim” or “suit” that may result. But:
(1) The amount we will pay for damages is limited as described in Section III -- 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 or settlements under Coverages A or B.
No other obligation or liability to pay sums or perform acts or services is covered unless explicity provided for under Supplementary Payments -- Coverages A and B.
b. This insurance applies to “personal and advertising injury” caused by an offense arising out of your business but only if the offense was committed in the “coverage territory” during the policy period.
c. This insurance applies only to “personal and advertising injury” that was not the subject of a “claim” or “suit” ”, including any consolidated or previously filed “suit”, made or brought prior to, or pending as of the inception date of this policy, regardless of whether any insured knew of or was a party to the “claim” or “suit.”
d. This insurance applies only to “personal and advertising injury” that was not known by an insured to have occurred, in whole or in part, prior to the inception of the policy period If an insured knew that the “personal and advertising injury” occurred, in whole or in part, prior to the policy period, then any continuation, progression, evolution, change or resumption of such “personal and advertising injury” during or after the policy period will be deemed to have been known prior to the policy period.
e. “Personal and advertising injury” will be deemed to have been known to have occurred at the earliest time when any insured:
(1) Reports all, or any part, of the “personal and advertising injury” to us or any other insurer;
(2) Receives a written or verbal demand or claim for damages because of “personal and advertising injury”; or
(3) Becomes aware by any other means that “personal and advertising injury” has occurred or has begun to occur.
f. This insurance does not apply to:
(1) “Personal and advertising injury,” whether such “personal and advertising injury” is known or unknown:
(a) Which first occurred, or which is alleged to have occurred, prior to the inception date of this policy even if the “personal and advertising injury” continues or progresses into the policy period of this insurance; or
(b) Which is, or which is alleged to be, in the process of occurring as of the inception date of this policy even if the “personal and advertising injury” continues or progresses into the policy period of this insurance.
All “personal and advertising injury” arising from an “offense” shall be deemed to occur at the time of the first such “personal advertising injury”, even though the “offense” giving rise to such “personal and advertising injury” may be continuous, progressive, cumulative, changing or evolving, and regardless of whether such “personal and advertising injury” is known by or apparent to any person or “insured.”
g. If this policy extends for more than one annual period, or if this policy is renewed by “us,” then the following applies:
(1) The most we will pay for “personal and advertising injury,” that is continuous or progressive, and that first occurs or commences during the period of this policy, is the applicable annual limit of insurance stated in the declarations of this policy.
(2) The applicable annual limit of insurance stated in the declarations of this policy described in paragraph g.1., above, is the only limit that applies to all “personal and advertising injury” that is continuous or progressive, regardless of whether such “personal and advertising injury” continues into or occurs during any subsequent annual periods of this policy or any renewal policies issued by “us.”
EXCLUSIONS
EXCLUSION - MEDICAL PAYMENTS
SECTION I – COVERAGES, Coverage C Medical Payments does not apply and none of the references to it in the Commercial General Liability Coverage Form apply.
EXCLUSION – EMPLOYMENT – RELATED PRACTICES EXCLUSION
The following exclusion is added to Paragraph 2., Exclusions of Section I – COVERAGES, Coverage A Bodily Injury And Property Damage Liability and to Paragraph 2., Exclusions of Section I – Coverages, Coverage B Personal and Advertising Injury Liability:
This insurance does not apply to:
"Bodily injury" or “personal and advertising injury” to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person's employment; or
(c) Any employment-related practices, policies, acts or omissions, such as, but not limited to, coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination; or
(2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment-related practices described in Paragraphs (a), (b), or (c) above is directed.
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.
EXCLUSION – FUNGI, MOLD, ORGANIC PATHOGENS OR BACTERIA EXCLUSION
A. The following exclusion is added to Paragraph 2., Exclusions of Section I – COVERAGES, Coverage A Bodily Injury And Property Damage Liability and to Paragraph 2., Exclusions of Section I – COVERAGES, Coverage B Personal and Advertising Injury Liability:
2. Exclusions
This insurance does not apply to:
a. "Bodily injury", "property damage", or “personal and advertising injury liability” arising directly or indirectly out of, or which would not have occurred, in whole or in part, but for the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, any "fungi, mold, organic pathogens or bacteria” on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such injury or damage.
b. Any loss, cost or expenses arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, "fungi, mold, organic pathogens or bacteria”, by any insured or by any other person or entity.
This exclusion does not apply to any "fungi, mold, organic pathogens or bacteria” that are, are on, or are contained in, a good or product intended for consumption.
B. The following definition is added to Section V- Definitions:
"Fungi, mold, organic pathogens or bacteria" means any type or form of fungus, including mold or mildew, bacteria, virus, allergen or pollen, or any other organisms or organic matter, and any mycotoxins, spores, scents or byproducts produced or released by fungi.
EXCLUSION – WAR OR TERRORISM EXCLUSION
A. Exclusion i. under Paragraph 2., Exclusions of Section I – COVERAGES, Coverage A Bodily Injury And Property Damage Liability is deleted in its entirety and replaced by the following:
2. Exclusions
This insurance does not apply to: