Scottsdale General Liability Policy
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage. Read
the entire policy carefully to determine rights, duties
and what is and is not covered.
Throughout this policy the words “you” and “your” refer
to the Named Insured shown in the Declarations, and
any other person or organization qualifying as a
Named Insured under this policy. The words “we”,
“us” and “our” refer to the company providing this
insurance.
The word “insured” means any person or organization
qualifying as such under Section II – Who Is An Insured.
Other words and phrases that appear in quota-
tion marks have special meaning. Refer to Section V – Definitions.
SECTION I – COVERAGES
COVERAGE A – BODILY INJURY AND PROPERTY
DAMAGE LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured be-
comes legally obligated to pay as damages
because of “bodily injury” or “property dam-
age” 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 in-
sured 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 ends when
we have used up the applicable limit of in-
surance in the payment of judgments or
settlements under Coverages A or B or
medical expenses under Coverage C.
No other obligation or liability to pay sums or
perform acts or services is covered unless ex-
plicitly provided for under Supplementary Pay-
ments – 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; and
(3) Prior to the policy period, no insured listed
under Paragraph 1. of Section II – Who Is
An Insured and no “employee” authorized
by you to give or receive notice of an “oc-
currence” or claim, knew that the “bodily
injury” or “property damage” had oc-
curred, in whole or in part. If such a listed
insured or authorized “employee” knew,
prior to the policy period, that the “bodily
injury” or “property damage” occurred,
then any continuation, change or resump-
tion 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” which
occurs during the policy period and was not,
prior to the policy period, known to have
occurred by any insured listed under Para-
graph 1. of Section II – Who Is An Insured or
any “employee” authorized by you to give or
receive notice of an “occurrence” or claim, in-
cludes any continuation, change or resump-
tion of that “bodily injury” or “property damage”
after the end of the policy period.
d. “Bodily injury” or “property damage” will be
deemed to have been known to have occurred
at the earliest time when any insured listed
under Paragraph 1. of Section II – Who Is An
Insured or any “employee” authorized by you
to give or receive notice of an “occurrence” or
claim:
(1) Reports all, or any part, of the “bodily in-
Put your column 2 text
jury” or “property damage” to us or any
other insurer;
(2) Receives a written or verbal demand or
claim for damages because of the “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.
e. Damages because of “bodily injury” include
damages claimed by any person or organiza-
tion for care, loss of services or death resulting
at any time from the “bodily injury”.
COMMERCIAL GENERAL LIABILITY
CG 00 01 04 13
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage. Read
the entire policy carefully to determine rights, duties
and what is and is not covered.
Throughout this policy the words “you” and “your” refer
to the Named Insured shown in the Declarations, and
any other person or organization qualifying as a
Named Insured under this policy. The words “we”,
“us” and “our” refer to the company providing this
insurance.
The word “insured” means any person or organization
qualifying as such under Section II – Who Is An Insured.
Other words and phrases that appear in quota-
tion marks have special meaning. Refer to Section V – Definitions.
SECTION I – COVERAGES
COVERAGE A – BODILY INJURY AND PROPERTY
DAMAGE LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured be-
comes legally obligated to pay as damages
because of “bodily injury” or “property dam-
age” 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 in-
sured 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 ends when
we have used up the applicable limit of in-
surance in the payment of judgments or
settlements under Coverages A or B or
medical expenses under Coverage C.
No other obligation or liability to pay sums or
perform acts or services is covered unless ex-
plicitly provided for under Supplementary Pay-
ments – 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; and
(3) Prior to the policy period, no insured listed
under Paragraph 1. of Section II – Who Is
An Insured and no “employee” authorized
by you to give or receive notice of an “oc-
currence” or claim, knew that the “bodily
injury” or “property damage” had oc-
curred, in whole or in part. If such a listed
insured or authorized “employee” knew,
prior to the policy period, that the “bodily
injury” or “property damage” occurred,
then any continuation, change or resump-
tion 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” which
occurs during the policy period and was not,
prior to the policy period, known to have
occurred by any insured listed under Para-
graph 1. of Section II – Who Is An Insured or
any “employee” authorized by you to give or
receive notice of an “occurrence” or claim, in-
cludes any continuation, change or resump-
tion of that “bodily injury” or “property damage”
after the end of the policy period.
d. “Bodily injury” or “property damage” will be
deemed to have been known to have occurred
at the earliest time when any insured listed
under Paragraph 1. of Section II – Who Is An
Insured or any “employee” authorized by you
to give or receive notice of an “occurrence” or
claim:
(1) Reports all, or any part, of the “bodily in-
jury” or “property damage” to us or any
other insurer;
(2) Receives a written or verbal demand or
claim for damages because of the “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.
e. Damages because of “bodily injury” include
damages claimed by any person or organiza-
tion for care, loss of services or death resulting
at any time from the “bodily injury”.
INSURED
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2. Exclusions
This insurance does not apply to:
a. Expected Or Intended Injury
“Bodily injury” or “property damage” expected
or intended from the standpoint of the insured.
This exclusion does not apply to “bodily injury”
resulting from the use of reasonable force to
protect persons or property.
b. Contractual Liability
“Bodily injury” or “property damage” for which
the insured is obligated to pay damages by
reason of the assumption of liability in a con-
tract or agreement. This exclusion does not
apply to liability for damages:
(1) That the insured would have in the ab-
sence of the contract or agreement; or
(2) Assumed in a contract or agreement that
is an “insured contract”, provided the
“bodily injury” or “property damage” oc-
curs subsequent to the execution of the
contract or agreement. Solely for the pur-
poses of liability assumed in an “insured
contract”, reasonable attorneys’ fees and
necessary litigation expenses incurred by
or for a party other than an insured are
deemed to be damages because of “bodily
injury” or “property damage”, provided:
(a) Liability to such party for, or for the
cost of, that party’s defense has also
been assumed in the same “insured
contract”; and
(b) Such attorneys’ fees and litigation ex-
penses are for defense of that party
against a civil or alternative dispute
resolution proceeding in which dam-
ages to which this insurance applies
are alleged.
c. Liquor Liability
“Bodily injury” or “property damage” for which
any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication
of any person;
(2) The furnishing of alcoholic beverages to a
person under the legal drinking age or
under the influence of alcohol; or
(3) Any statute, ordinance or regulation relat-
ing to the sale, gift, distribution or use of
alcoholic beverages.
This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in:
(a) The supervision, hiring, employment,
training or monitoring of others by that
insured; or
(b) Providing or failing to provide trans-
portation with respect to any person
that may be under the influence of
alcohol;
if the “occurrence” which caused the “bodily in-
jury” or “property damage”, involved that which
is described in Paragraph (1), (2) or (3) above.
However, this exclusion applies only if you are
in the business of manufacturing, distributing,
selling, serving or furnishing alcoholic bever-
ages. For the purposes of this exclusion, per-
mitting a person to bring alcoholic beverages
on your premises, for consumption on your
premises, whether or not a fee is charged or a
license is required for such activity, is not by it-
self considered the business of selling, serving
or furnishing alcoholic beverages.
d. Workers’ Compensation And Similar Laws
Any obligation of the insured under a workers’
compensation, disability benefits or unemploy-
ment compensation law or any similar law.
e. Employer’s Liability
“Bodily injury” to:
(1) An “employee” of the insured arising out of
and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the con-
duct of the insured’s business; or
(2) The spouse, child, parent, brother or sister
of that “employee” as a consequence of
Paragraph (1) above.
This exclusion applies whether the insured
may be liable as an employer or in any other
capacity and to any obligation to share dam-
ages with or repay someone else who must
pay damages because of the injury.
This exclusion does not apply to liability as-
sumed by the insured under an “insured
contract”.
2. Exclusions
This insurance does not apply to:
a. Expected Or Intended Injury
“Bodily injury” or “property damage” expected
or intended from the standpoint of the insured.
This exclusion does not apply to “bodily injury”
resulting from the use of reasonable force to
protect persons or property.
b. Contractual Liability
“Bodily injury” or “property damage” for which
the insured is obligated to pay damages by
reason of the assumption of liability in a con-
tract or agreement. This exclusion does not
apply to liability for damages:
(1) That the insured would have in the ab-
sence of the contract or agreement; or
(2) Assumed in a contract or agreement that
is an “insured contract”, provided the
“bodily injury” or “property damage” oc-
curs subsequent to the execution of the
contract or agreement. Solely for the pur-
poses of liability assumed in an “insured
contract”, reasonable attorneys’ fees and
necessary litigation expenses incurred by
or for a party other than an insured are
deemed to be damages because of “bodily
injury” or “property damage”, provided:
(a) Liability to such party for, or for the
cost of, that party’s defense has also
been assumed in the same “insured
contract”; and
(b) Such attorneys’ fees and litigation ex-
penses are for defense of that party
against a civil or alternative dispute
resolution proceeding in which dam-
ages to which this insurance applies
are alleged.
c. Liquor Liability
“Bodily injury” or “property damage” for which
any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication
of any person;
(2) The furnishing of alcoholic beverages to a
person under the legal drinking age or
under the influence of alcohol; or
(3) Any statute, ordinance or regulation relat-
ing to the sale, gift, distribution or use of
alcoholic beverages.
This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in:
(a) The supervision, hiring, employment,
training or monitoring of others by that
insured; or
(b) Providing or failing to provide trans-
portation with respect to any person
that may be under the influence of
alcohol;
if the “occurrence” which caused the “bodily in-
jury” or “property damage”, involved that which
is described in Paragraph (1), (2) or (3) above.
However, this exclusion applies only if you are
in the business of manufacturing, distributing,
selling, serving or furnishing alcoholic bever-
ages. For the purposes of this exclusion, per-
mitting a person to bring alcoholic beverages
on your premises, for consumption on your
premises, whether or not a fee is charged or a
license is required for such activity, is not by it-
self considered the business of selling, serving
or furnishing alcoholic beverages.
d. Workers’ Compensation And Similar Laws
Any obligation of the insured under a workers’
compensation, disability benefits or unemploy-
ment compensation law or any similar law.
e. Employer’s Liability
“Bodily injury” to:
(1) An “employee” of the insured arising out of
and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the con-
duct of the insured’s business; or
(2) The spouse, child, parent, brother or sister
of that “employee” as a consequence of
Paragraph (1) above.
This exclusion applies whether the insured
may be liable as an employer or in any other
capacity and to any obligation to share dam-
ages with or repay someone else who must
pay damages because of the injury.
This exclusion does not apply to liability as-
sumed by the insured under an “insured
contract”.
CG 00 01 04 13 Copyright, Insurance Services Office, Inc., 2012 Page 3 of 16
f. Pollution
(1) “Bodily injury” or “property damage” aris-
ing out of the actual, alleged or threatened
discharge, dispersal, seepage, migration,
release or escape of “pollutants”:
(a) At or from any premises, site or loca-
tion which is or was at any time owned
or occupied by, or rented or loaned to,
any insured. However, this subpara-
graph does not apply to:
(i) “Bodily injury” if sustained within a
building and caused by smoke,
fumes, vapor or soot produced by
or originating from equipment that
is used to heat, cool or dehumidify
the building, or equipment that is
used to heat water for personal
use, by the building’s occupants
or their guests;
(ii) “Bodily injury” or “property dam-
age” for which you may be held
liable, if you are a contractor and
the owner or lessee of such prem-
ises, site or location has been
added to your policy as an addi-
tional insured with respect to your
ongoing operations performed for
that additional insured at that
premises, site or location and
such premises, site or location is
not and never was owned or oc-
cupied by, or rented or loaned to,
any insured, other than that addi-
tional insured; or
(iii) “Bodily injury” or “property dam-
age” arising out of heat, smoke or
fumes from a “hostile fire”;
(b) At or from any premises, site or loca-
tion which is or was at any time used
by or for any insured or others for the
handling, storage, disposal, process-
ing or treatment of waste;
(c) Which are or were at any time trans-
ported, handled, stored, treated, dis-
posed of, or processed as waste by or
for:
(i) Any insured; or
(ii) Any person or organization for
whom you may be legally respon-
sible; or
(d) At or from any premises, site or loca-
tion on which any insured or any con-
tractors or subcontractors working
directly or indirectly on any insured’s
behalf are performing operations if the
“pollutants” are brought on or to the
premises, site or location in connec-
tion with such operations by such in-
sured, contractor or subcontractor.
However, this subparagraph does not
apply to:
(i) “Bodily injury” or “property dam-
age” arising out of the escape of
fuels, lubricants or other operating
fluids which are needed to per-
form the normal electrical, hy-
draulic or mechanical functions
necessary for the operation of
“mobile equipment” or its parts, if
such fuels, lubricants or other
operating fluids escape from a ve-
hicle part designed to hold, store
or receive them. This exception
does not apply if the “bodily injury”
or “property damage” arises out of
the intentional discharge, disper-
sal or release of the fuels, lubri-
cants or other operating fluids, or
if such fuels, lubricants or other
operating fluids are brought on or
to the premises, site or location
with the intent that they be dis-
charged, dispersed or released as
part of the operations being per-
formed by such insured, contrac-
tor or subcontractor;
(ii) “Bodily injury” or “property dam-
age” sustained within a building
and caused by the release of
gases, fumes or vapors from ma-
terials brought into that building in
connection with operations being
performed by you or on your be-
half by a contractor or subcon-
tractor; or
(iii) “Bodily injury” or “property dam-
age” arising out of heat, smoke or
fumes from a “hostile fire”.
(e) At or from any premises, site or loca-
tion on which any insured or any con-
tractors or subcontractors working
directly or indirectly on any insured’s
behalf are performing operations if the
operations are to test for, monitor,
clean up, remove, contain, treat, de-
toxify or neutralize, or in any way re-
spond to, or assess the effects of,
“pollutants”.
f. Pollution
(1) “Bodily injury” or “property damage” aris-
ing out of the actual, alleged or threatened
discharge, dispersal, seepage, migration,
release or escape of “pollutants”:
(a) At or from any premises, site or loca-
tion which is or was at any time owned
or occupied by, or rented or loaned to,
any insured. However, this subpara-
graph does not apply to:
(i) “Bodily injury” if sustained within a
building and caused by smoke,
fumes, vapor or soot produced by
or originating from equipment that
is used to heat, cool or dehumidify
the building, or equipment that is
used to heat water for personal
use, by the building’s occupants
or their guests;
(ii) “Bodily injury” or “property dam-
age” for which you may be held
liable, if you are a contractor and
the owner or lessee of such prem-
ises, site or location has been
added to your policy as an addi-
tional insured with respect to your
ongoing operations performed for
that additional insured at that
premises, site or location and
such premises, site or location is
not and never was owned or oc-
cupied by, or rented or loaned to,
any insured, other than that addi-
tional insured; or
(iii) “Bodily injury” or “property dam-
age” arising out of heat, smoke or
fumes from a “hostile fire”;
(b) At or from any premises, site or loca-
tion which is or was at any time used
by or for any insured or others for the
handling, storage, disposal, process-
ing or treatment of waste;
(c) Which are or were at any time trans-
ported, handled, stored, treated, dis-
posed of, or processed as waste by or
for:
(i) Any insured; or
(ii) Any person or organization for
whom you may be legally respon-
sible; or
(d) At or from any premises, site or loca-
tion on which any insured or any con-
tractors or subcontractors working
directly or indirectly on any insured’s
behalf are performing operations if the
“pollutants” are brought on or to the
premises, site or location in connec-
tion with such operations by such in-
sured, contractor or subcontractor.
However, this subparagraph does not
apply to:
(i) “Bodily injury” or “property dam-
age” arising out of the escape of
fuels, lubricants or other operating
fluids which are needed to per-
form the normal electrical, hy-
draulic or mechanical functions
necessary for the operation of
“mobile equipment” or its parts, if
such fuels, lubricants or other
operating fluids escape from a ve-
hicle part designed to hold, store
or receive them. This exception
does not apply if the “bodily injury”
or “property damage” arises out of
the intentional discharge, disper-
sal or release of the fuels, lubri-
cants or other operating fluids, or
if such fuels, lubricants or other
operating fluids are brought on or
to the premises, site or location
with the intent that they be dis-
charged, dispersed or released as
part of the operations being per-
formed by such insured, contrac-
tor or subcontractor;
(ii) “Bodily injury” or “property dam-
age” sustained within a building
and caused by the release of
gases, fumes or vapors from ma-
terials brought into that building in
connection with operations being
performed by you or on your be-
half by a contractor or subcon-
tractor; or
(iii) “Bodily injury” or “property dam-
age” arising out of heat, smoke or
fumes from a “hostile fire”.
(e) At or from any premises, site or loca-
tion on which any insured or any con-
tractors or subcontractors working
directly or indirectly on any insured’s
behalf are performing operations if the
operations are to test for, monitor,
clean up, remove, contain, treat, de-
toxify or neutralize, or in any way re-
spond to, or assess the effects of,
“pollutants”.
Page 4 of 16 Copyright, Insurance Services Office, Inc., 2012 CG 00 01 04 13
(2) Any loss, cost or expense arising out of
any:
(a) Request, demand, order or statutory
or regulatory requirement that any in-
sured or others test for, monitor, clean
up, remove, contain, treat, detoxify or
neutralize, or in any way respond to,
or assess the effects of, “pollutants”; or
(b) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or
in any way responding to, or assess-
ing the effects of, “pollutants”.
However, this paragraph does not apply to
liability for damages because of “property
damage” that the insured would have in
the absence of such request, demand,
order or statutory or regulatory require-
ment, or such claim or “suit” by or on be-
half of a governmental authority.
g. Aircraft, Auto Or Watercraft
“Bodily injury” or “property damage” arising out
of the ownership, maintenance, use or entrust-
ment to others of any aircraft, “auto” or water-
craft owned or operated by or rented or loaned
to any insured. Use includes operation and
“loading or unloading”.
This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the supervision, hiring, employ-
ment, training or monitoring of others by that
insured, if the “occurrence” which caused the
“bodily injury” or “property damage” involved
the ownership, maintenance, use or entrust-
ment to others of any aircraft, “auto” or water-
craft that is owned or operated by or rented or
loaned to any insured.
This exclusion does not apply to:
(1) A watercraft while ashore on premises you
own or rent;
(2) A watercraft you do not own that is:
(a) Less than 26 feet long; and
(b) Not being used to carry persons or
property for a charge;
(3) Parking an “auto” on, or on the ways next
to, premises you own or rent, provided the
“auto” is not owned by or rented or loaned
to you or the insured;
(4) Liability assumed under any “insured con-
tract” for the ownership, maintenance or
use of aircraft or watercraft; or
(5) “Bodily injury” or “property damage” aris-
ing out of:
(a) The operation of machinery or equip-
ment that is attached to, or part of, a
land vehicle that would qualify under
the definition of “mobile equipment” if
it were not subject to a compulsory or
financial responsibility law or other
motor vehicle insurance law where it is
licensed or principally garaged; or
(b) The operation of any of the machinery
or equipment listed in Paragraph f.(2)
or f.(3) of the definition of “mobile
equipment”.
h. Mobile Equipment
“Bodily injury” or “property damage” arising out
of:
(1) The transportation of “mobile equipment”
by an “auto” owned or operated by or
rented or loaned to any insured; or
(2) The use of “mobile equipment” in, or while
in practice for, or while being prepared for,
any prearranged racing, speed, demoli-
tion, or stunting activity.
i. War
“Bodily injury” or “property damage”, however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any govern-
ment, sovereign or other authority using
military personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
j. Damage To Property
“Property damage” to:
(1) Property you own, rent, or occupy, includ-
ing any costs or expenses incurred by
you, or any other person, organization or
entity, for repair, replacement, enhance-
ment, restoration or maintenance of such
property for any reason, including preven-
tion of injury to a person or damage to
another’s property;
(2) Premises you sell, give away or abandon,
if the “property damage” arises out of any
part of those premises;
(3) Property loaned to you;
(2) Any loss, cost or expense arising out of
any:
(a) Request, demand, order or statutory
or regulatory requirement that any in-
sured or others test for, monitor, clean
up, remove, contain, treat, detoxify or
neutralize, or in any way respond to,
or assess the effects of, “pollutants”; or
(b) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or
in any way responding to, or assess-
ing the effects of, “pollutants”.
However, this paragraph does not apply to
liability for damages because of “property
damage” that the insured would have in
the absence of such request, demand,
order or statutory or regulatory require-
ment, or such claim or “suit” by or on be-
half of a governmental authority.
g. Aircraft, Auto Or Watercraft
“Bodily injury” or “property damage” arising out
of the ownership, maintenance, use or entrust-
ment to others of any aircraft, “auto” or water-
craft owned or operated by or rented or loaned
to any insured. Use includes operation and
“loading or unloading”.
This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the supervision, hiring, employ-
ment, training or monitoring of others by that
insured, if the “occurrence” which caused the
“bodily injury” or “property damage” involved
the ownership, maintenance, use or entrust-
ment to others of any aircraft, “auto” or water-
craft that is owned or operated by or rented or
loaned to any insured.
This exclusion does not apply to:
(1) A watercraft while ashore on premises you
own or rent;
(2) A watercraft you do not own that is:
(a) Less than 26 feet long; and
(b) Not being used to carry persons or
property for a charge;
(3) Parking an “auto” on, or on the ways next
to, premises you own or rent, provided the
“auto” is not owned by or rented or loaned
to you or the insured;
(4) Liability assumed under any “insured con-
tract” for the ownership, maintenance or
use of aircraft or watercraft; or
(5) “Bodily injury” or “property damage” aris-
ing out of:
(a) The operation of machinery or equip-
ment that is attached to, or part of, a
land vehicle that would qualify under
the definition of “mobile equipment” if
it were not subject to a compulsory or
financial responsibility law or other
motor vehicle insurance law where it is
licensed or principally garaged; or
(b) The operation of any of the machinery
or equipment listed in Paragraph f.(2)
or f.(3) of the definition of “mobile
equipment”.
h. Mobile Equipment
“Bodily injury” or “property damage” arising out
of:
(1) The transportation of “mobile equipment”
by an “auto” owned or operated by or
rented or loaned to any insured; or
(2) The use of “mobile equipment” in, or while
in practice for, or while being prepared for,
any prearranged racing, speed, demoli-
tion, or stunting activity.
i. War
“Bodily injury” or “property damage”, however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any govern-
ment, sovereign or other authority using
military personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
j. Damage To Property
“Property damage” to:
(1) Property you own, rent, or occupy, includ-
ing any costs or expenses incurred by
you, or any other person, organization or
entity, for repair, replacement, enhance-
ment, restoration or maintenance of such
property for any reason, including preven-
tion of injury to a person or damage to
another’s property;
(2) Premises you sell, give away or abandon,
if the “property damage” arises out of any
part of those premises;
(3) Property loaned to you;
CG 00 01 04 13 Copyright, Insurance Services Office, Inc., 2012 Page 5 of 16
(4) Personal property in the care, custody or
control of the insured;
(5) That particular part of real property on
which you or any contractors or subcon-
tractors working directly or indirectly on
your behalf are performing operations, if
the “property damage” arises out of those
operations; or
(6) That particular part of any property that
must be restored, repaired or replaced be-
cause “your work” was incorrectly per-
formed on it.
Paragraphs (1), (3) and (4) of this exclusion
do not apply to “property damage” (other than
damage by fire) to premises, including the
contents of such premises, rented to you for a
period of seven or fewer consecutive days. A
separate limit of insurance applies to Damage
To Premises Rented To You as described in
Section III – Limits Of Insurance.
Paragraph (2) of this exclusion does not apply
if the premises are “your work” and were never
occupied, rented or held for rental by you.
Paragraphs (3), (4), (5) and (6) of this exclu-
sion do not apply to liability assumed under a
sidetrack agreement.
Paragraph (6) of this exclusion does not apply
to “property damage” included in the “prod-
ucts-completed operations hazard”.
k. Damage To Your Product
“Property damage” to “your product” arising
out of it or any part of it.
l. Damage To Your Work
“Property damage” to “your work” arising out of
it or any part of it and included in the “prod-
ucts-completed operations hazard”.
This exclusion does not apply if the damaged
work or the work out of which the dam-
age arises was performed on your behalf by a
subcontractor.
m. Damage To Impaired Property Or Property
Not Physically Injured
“Property damage” to “impaired property” or
property that has not been physically injured,
arising out of:
(1) A defect, deficiency, inadequacy or dan-
gerous condition in “your product” or “your
work”; or
(2) A delay or failure by you or anyone acting
on your behalf to perform a contract or
agreement in accordance with its terms.
This exclusion does not apply to the loss of
use of other property arising out of sudden and
accidental physical injury to “your product” or
“your work” after it has been put to its intended
use.
n. Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or ex-
pense incurred by you or others for the loss of
use, withdrawal, recall, inspection, repair, re-
placement, adjustment, removal or disposal of:
(1) “Your product”;
(2) “Your work”; or
(3) “Impaired property”;
if such product, work, or property is withdrawn
or recalled from the market or from use by any
person or organization because of a known or
suspected defect, deficiency, inadequacy or
dangerous condition in it.
o. Personal And Advertising Injury
“Bodily injury” arising out of “personal and ad-
vertising injury”.
p. Electronic Data
Damages arising out of the loss of, loss of use
of, damage to, corruption of, inability to ac-
cess, or inability to manipulate electronic data.
However, this exclusion does not apply to lia-
bility for damages because of “bodily injury”.
As used in this exclusion, electronic data
means information, facts or programs stored
as or on, created or used on, or transmitted
to or from computer software, including sys-
tems and applications software, hard or floppy
disks, CD-ROMs, tapes, drives, cells, data
processing devices or any other media
which are used with electronically controlled
equipment.
q. Recording And Distribution Of Material Or
Information In Violation Of Law
“Bodily injury” or “property damage” arising di-
rectly or indirectly out of any action or omis-
sion that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act
(TCPA), including any amendment of or
addition to such law;
(2) The CAN-SPAM Act of 2003, including any
amendment of or addition to such law;
(3) The Fair Credit Reporting Act (FCRA), and
any amendment of or addition to such law,
including the Fair and Accurate Credit
Transactions Act (FACTA); or
(4) Personal property in the care, custody or
control of the insured;
(5) That particular part of real property on
which you or any contractors or subcon-
tractors working directly or indirectly on
your behalf are performing operations, if
the “property damage” arises out of those
operations; or
(6) That particular part of any property that
must be restored, repaired or replaced be-
cause “your work” was incorrectly per-
formed on it.
Paragraphs (1), (3) and (4) of this exclusion
do not apply to “property damage” (other than
damage by fire) to premises, including the
contents of such premises, rented to you for a
period of seven or fewer consecutive days. A
separate limit of insurance applies to Damage
To Premises Rented To You as described in
Section III – Limits Of Insurance.
Paragraph (2) of this exclusion does not apply
if the premises are “your work” and were never
occupied, rented or held for rental by you.
Paragraphs (3), (4), (5) and (6) of this exclu-
sion do not apply to liability assumed under a
sidetrack agreement.
Paragraph (6) of this exclusion does not apply
to “property damage” included in the “prod-
ucts-completed operations hazard”.
k. Damage To Your Product
“Property damage” to “your product” arising
out of it or any part of it.
l. Damage To Your Work
“Property damage” to “your work” arising out of
it or any part of it and included in the “prod-
ucts-completed operations hazard”.
This exclusion does not apply if the damaged
work or the work out of which the dam-
age arises was performed on your behalf by a
subcontractor.
m. Damage To Impaired Property Or Property
Not Physically Injured
“Property damage” to “impaired property” or
property that has not been physically injured,
arising out of:
(1) A defect, deficiency, inadequacy or dan-
gerous condition in “your product” or “your
work”; or
(2) A delay or failure by you or anyone acting
on your behalf to perform a contract or
agreement in accordance with its terms.
This exclusion does not apply to the loss of
use of other property arising out of sudden and
accidental physical injury to “your product” or
“your work” after it has been put to its intended
use.
n. Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or ex-
pense incurred by you or others for the loss of
use, withdrawal, recall, inspection, repair, re-
placement, adjustment, removal or disposal of:
(1) “Your product”;
(2) “Your work”; or
(3) “Impaired property”;
if such product, work, or property is withdrawn
or recalled from the market or from use by any
person or organization because of a known or
suspected defect, deficiency, inadequacy or
dangerous condition in it.
o. Personal And Advertising Injury
“Bodily injury” arising out of “personal and ad-
vertising injury”.
p. Electronic Data
Damages arising out of the loss of, loss of use
of, damage to, corruption of, inability to ac-
cess, or inability to manipulate electronic data.
However, this exclusion does not apply to lia-
bility for damages because of “bodily injury”.
As used in this exclusion, electronic data
means information, facts or programs stored
as or on, created or used on, or transmitted
to or from computer software, including sys-
tems and applications software, hard or floppy
disks, CD-ROMs, tapes, drives, cells, data
processing devices or any other media
which are used with electronically controlled
equipment.
q. Recording And Distribution Of Material Or
Information In Violation Of Law
“Bodily injury” or “property damage” arising di-
rectly or indirectly out of any action or omis-
sion that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act
(TCPA), including any amendment of or
addition to such law;
(2) The CAN-SPAM Act of 2003, including any
amendment of or addition to such law;
(3) The Fair Credit Reporting Act (FCRA), and
any amendment of or addition to such law,
including the Fair and Accurate Credit
Transactions Act (FACTA); or
Page 6 of 16 Copyright, Insurance Services Office, Inc., 2012 CG 00 01 04 13
(4) Any federal, state or local statute, ordi-
nance or regulation, other than the TCPA,
CAN-SPAM Act of 2003 or FCRA and
their amendments and additions, that
addresses, prohibits, or limits the print-
ing, dissemination, disposal, collecting,
recording sending, transmitting, com-
municating or distribution of material or
information.
Exclusions c. through n. do not apply to damage
by fire to premises while rented to you or tempo-
rarily occupied by you with permission of the
owner. A separate limit of insurance applies to this
coverage as described in Section III – Limits Of
Insurance.
COVERAGE B – PERSONAL AND ADVERTISING
INJURY LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured be-
comes 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 “per-
sonal and advertising injury” to which this
insurance does not apply. We may, at our dis-
cretion, 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 in-
surance in the payment of judgments or
settlements under Coverages A or B or
medical expenses under Coverage C.
No other obligation or liability to pay sums or
perform acts or services is covered unless ex-
plicitly provided for under Supplementary Pay-
ments – Coverages A and B.
b. This insurance applies to “personal and adver-
tising 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.
2. Exclusions
This insurance does not apply to:
a. Knowing Violation Of Rights Of Another
“Personal and advertising injury” caused by or
at the direction of the insured with the knowl-
edge that the act would violate the rights of
another and would inflict “personal and adver-
tising injury”.
b. Material Published With Knowledge Of
Falsity
“Personal and advertising injury” arising out of
oral or written publication, in any manner, of
material, if done by or at the direction of the in-
sured with knowledge of its falsity.
c. Material Published Prior To Policy Period
“Personal and advertising injury” arising out of
oral or written publication, in any manner, of
material whose first publication took place be-
fore the beginning of the policy period.
d. Criminal Acts
“Personal and advertising injury” arising out of
a criminal act committed by or at the direction
of the insured.
e. Contractual Liability
“Personal and advertising injury” for which
the insured has assumed liability in a contract
or agreement. This exclusion does not apply
to liability for damages that the insured
would have in the absence of the contract or
agreement.
f. Breach Of Contract
“Personal and advertising injury” arising out of
a breach of contract, except an implied con-
tract to use another’s advertising idea in your
“advertisement”.
g. Quality Or Performance Of Goods – Failure
To Conform To Statements
“Personal and advertising injury” arising out of
the failure of goods, products or services to
conform with any statement of quality or per-
formance made in your “advertisement”.
h. Wrong Description Of Prices
“Personal and advertising injury” arising out
of the wrong description of the price of
goods, products or services stated in your
“advertisement”.
(4) Any federal, state or local statute, ordi-
nance or regulation, other than the TCPA,
CAN-SPAM Act of 2003 or FCRA and
their amendments and additions, that
addresses, prohibits, or limits the print-
ing, dissemination, disposal, collecting,
recording sending, transmitting, com-
municating or distribution of material or
information.
Exclusions c. through n. do not apply to damage
by fire to premises while rented to you or tempo-
rarily occupied by you with permission of the
owner. A separate limit of insurance applies to this
coverage as described in Section III – Limits Of
Insurance.
COVERAGE B – PERSONAL AND ADVERTISING
INJURY LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured be-
comes 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 “per-
sonal and advertising injury” to which this
insurance does not apply. We may, at our dis-
cretion, 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 in-
surance in the payment of judgments or
settlements under Coverages A or B or
medical expenses under Coverage C.
No other obligation or liability to pay sums or
perform acts or services is covered unless ex-
plicitly provided for under Supplementary Pay-
ments – Coverages A and B.
b. This insurance applies to “personal and adver-
tising 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.
2. Exclusions
This insurance does not apply to:
a. Knowing Violation Of Rights Of Another
“Personal and advertising injury” caused by or
at the direction of the insured with the knowl-
edge that the act would violate the rights of
another and would inflict “personal and adver-
tising injury”.
b. Material Published With Knowledge Of
Falsity
“Personal and advertising injury” arising out of
oral or written publication, in any manner, of
material, if done by or at the direction of the in-
sured with knowledge of its falsity.
c. Material Published Prior To Policy Period
“Personal and advertising injury” arising out of
oral or written publication, in any manner, of
material whose first publication took place be-
fore the beginning of the policy period.
d. Criminal Acts
“Personal and advertising injury” arising out of
a criminal act committed by or at the direction
of the insured.
e. Contractual Liability
“Personal and advertising injury” for which
the insured has assumed liability in a contract
or agreement. This exclusion does not apply
to liability for damages that the insured
would have in the absence of the contract or
agreement.
f. Breach Of Contract
“Personal and advertising injury” arising out of
a breach of contract, except an implied con-
tract to use another’s advertising idea in your
“advertisement”.
g. Quality Or Performance Of Goods – Failure
To Conform To Statements
“Personal and advertising injury” arising out of
the failure of goods, products or services to
conform with any statement of quality or per-
formance made in your “advertisement”.
h. Wrong Description Of Prices
“Personal and advertising injury” arising out
of the wrong description of the price of
goods, products or services stated in your
“advertisement”.
CG 00 01 04 13 Copyright, Insurance Services Office, Inc., 2012 Page 7 of 16
i. Infringement Of Copyright, Patent,
Trademark Or Trade Secret
“Personal and advertising injury” arising out of
the infringement of copyright, patent, trade-
mark, trade secret or other intellectual prop-
erty rights. Under this exclusion, such other
intellectual property rights do not include
the use of another’s advertising idea in your
“advertisement”.
However, this exclusion does not apply to in-
fringement, in your “advertisement”, of copy-
right, trade dress or slogan.
j. Insureds In Media And Internet Type
Businesses
“Personal and advertising injury” committed by
an insured whose business is:
(1) Advertising, broadcasting, publishing or
telecasting;
(2) Designing or determining content of web
sites for others; or
(3) An Internet search, access, content or
service provider.
However, this exclusion does not apply to
Paragraphs 14.a., b. and c. of “personal
and advertising injury” under the Definitions
section.
For the purposes of this exclusion, the placing
of frames, borders or links, or advertising, for
you or others anywhere on the Internet, is not
by itself, considered the business of advertis-
ing, broadcasting, publishing or telecasting.
k. Electronic Chatrooms Or Bulletin Boards
“Personal and advertising injury” arising out of
an electronic chatroom or bulletin board the in-
sured hosts, owns, or over which the insured
exercises control.
l. Unauthorized Use Of Another’s Name Or
Product
“Personal and advertising injury” arising out of
the unauthorized use of another’s name or
product in your e-mail address, domain name
or metatag, or any other similar tactics to mis-
lead another’s potential customers.
m. Pollution
“Personal and advertising injury” arising out of
the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or es-
cape of “pollutants” at any time.
n. Pollution-related
Any loss, cost or expense arising out of any:
(1) Request, demand, order or statutory or
regulatory requirement that any insured or
others test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or in
any way respond to, or assess the effects
of, “pollutants”; or
(2) Claim or suit by or on behalf of a govern-
mental authority for damages because of
testing for, monitoring, cleaning up, re-
moving, containing, treating, detoxifying or
neutralizing, or in any way responding to,
or assessing the effects of, “pollutants”.
o. War
“Personal and advertising injury”, however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any govern-
ment, sovereign or other authority using
military personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
p. Recording And Distribution Of Material Or
Information In Violation Of Law
“Personal and advertising injury” arising di-
rectly or indirectly out of any action or omis-
sion that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act
(TCPA), including any amendment of or
addition to such law;
(2) The CAN-SPAM Act of 2003, including any
amendment of or addition to such law;
(3) The Fair Credit Reporting Act (FCRA), and
any amendment of or addition to such law,
including the Fair and Accurate Credit
Transactions Act (FACTA); or
(4) Any federal, state or local statute, ordi-
nance or regulation, other than the TCPA,
CAN-SPAM Act of 2003 or FCRA and
their amendments and additions, that
addresses, prohibits, or limits the print-
ing, dissemination, disposal, collecting,
recording, sending, transmitting, com-
municating or distribution of material or
information.
i. Infringement Of Copyright, Patent,
Trademark Or Trade Secret
“Personal and advertising injury” arising out of
the infringement of copyright, patent, trade-
mark, trade secret or other intellectual prop-
erty rights. Under this exclusion, such other
intellectual property rights do not include
the use of another’s advertising idea in your
“advertisement”.
However, this exclusion does not apply to in-
fringement, in your “advertisement”, of copy-
right, trade dress or slogan.
j. Insureds In Media And Internet Type
Businesses
“Personal and advertising injury” committed by
an insured whose business is:
(1) Advertising, broadcasting, publishing or
telecasting;
(2) Designing or determining content of web
sites for others; or
(3) An Internet search, access, content or
service provider.
However, this exclusion does not apply to
Paragraphs 14.a., b. and c. of “personal
and advertising injury” under the Definitions
section.
For the purposes of this exclusion, the placing
of frames, borders or links, or advertising, for
you or others anywhere on the Internet, is not
by itself, considered the business of advertis-
ing, broadcasting, publishing or telecasting.
k. Electronic Chatrooms Or Bulletin Boards
“Personal and advertising injury” arising out of
an electronic chatroom or bulletin board the in-
sured hosts, owns, or over which the insured
exercises control.
l. Unauthorized Use Of Another’s Name Or
Product
“Personal and advertising injury” arising out of
the unauthorized use of another’s name or
product in your e-mail address, domain name
or metatag, or any other similar tactics to mis-
lead another’s potential customers.
m. Pollution
“Personal and advertising injury” arising out of
the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or es-
cape of “pollutants” at any time.
n. Pollution-related
Any loss, cost or expense arising out of any:
(1) Request, demand, order or statutory or
regulatory requirement that any insured or
others test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or in
any way respond to, or assess the effects
of, “pollutants”; or
(2) Claim or suit by or on behalf of a govern-
mental authority for damages because of
testing for, monitoring, cleaning up, re-
moving, containing, treating, detoxifying or
neutralizing, or in any way responding to,
or assessing the effects of, “pollutants”.
o. War
“Personal and advertising injury”, however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any govern-
ment, sovereign or other authority using
military personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
p. Recording And Distribution Of Material Or
Information In Violation Of Law
“Personal and advertising injury” arising di-
rectly or indirectly out of any action or omis-
sion that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act
(TCPA), including any amendment of or
addition to such law;
(2) The CAN-SPAM Act of 2003, including any
amendment of or addition to such law;
(3) The Fair Credit Reporting Act (FCRA), and
any amendment of or addition to such law,
including the Fair and Accurate Credit
Transactions Act (FACTA); or
(4) Any federal, state or local statute, ordi-
nance or regulation, other than the TCPA,
CAN-SPAM Act of 2003 or FCRA and
their amendments and additions, that
addresses, prohibits, or limits the print-
ing, dissemination, disposal, collecting,
recording, sending, transmitting, com-
municating or distribution of material or
information.
Page 8 of 16 Copyright, Insurance Services Office, Inc., 2012 CG 00 01 04 13
COVERAGE C – MEDICAL PAYMENTS
1. Insuring Agreement
a. We will pay medical expenses as described
below for “bodily injury” caused by an
accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or rent;
or
(3) Because of your operations;
provided that:
(a) The accident takes place in the “cov-
erage territory” and during the policy
period;
(b) The expenses are incurred and re-
ported to us within one year of the
date of the accident; and
(c) The injured person submits to exami-
nation, at our expense, by physicians
of our choice as often as we reason-
ably require.
b. We will make these payments regardless of
fault. These payments will not exceed the ap-
plicable limit of insurance. We will pay reason-
able expenses for:
(1) First aid administered at the time of an
accident;
(2) Necessary medical, surgical, X-ray and
dental services, including prosthetic de-
vices; and
(3) Necessary ambulance, hospital, profes-
sional nursing and funeral services.
2. Exclusions
We will not pay expenses for “bodily injury”:
a. Any Insured
To any insured, except “volunteer workers”.
b. Hired Person
To a person hired to do work for or on behalf
of any insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of prem-
ises you own or rent that the person normally
occupies.
d. Workers’ Compensation And Similar Laws
To a person, whether or not an “employee”
of any insured, if benefits for the “bodily injury”
are payable or must be provided under a
workers’ compensation or disability benefits
law or a similar law.
e. Athletics Activities
To a person injured while practicing, instruct-
ing or participating in any physical exercises or
games, sports, or athletic contests.
f. Products-Completed Operations Hazard
Included within the “products-completed oper-
ations hazard”.
g. Coverage A Exclusions
Excluded under Coverage A.
SUPPLEMENTARY PAYMENTS – COVERAGES A
AND B
1. We will pay, with respect to any claim we investi-
gate or settle, or any “suit” against an insured we
defend:
a. All expenses we incur.
b. Up to $250 for cost of bail bonds required be-
cause of accidents or traffic law violations aris-
ing out of the use of any vehicle to which the
Bodily Injury Liability Coverage applies. We do
not have to furnish these bonds.
c. The cost of bonds to release attachments, but
only for bond amounts within the applicable
limit of insurance. We do not have to furnish
these bonds.
d. All reasonable expenses incurred by the in-
sured at our request to assist us in the in-
vestigation or defense of the claim or “suit”, in
cluding actual loss of earnings up to $250 a
day because of time off from work.
e. All court costs taxed against the insured in the
“suit”. However, these payments do not in-
clude attorneys’ fees or attorneys’ expenses
taxed against the insured.
f. Prejudgment interest awarded against the in-
sured on that part of the judgment we pay. If
we make an offer to pay the applicable limit of
insurance, we will not pay any prejudgment
interest based on that period of time after the
offer.
COVERAGE C – MEDICAL PAYMENTS
1. Insuring Agreement
a. We will pay medical expenses as described
below for “bodily injury” caused by an
accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or rent;
or
(3) Because of your operations;
provided that:
(a) The accident takes place in the “cov-
erage territory” and during the policy
period;
(b) The expenses are incurred and re-
ported to us within one year of the
date of the accident; and
(c) The injured person submits to exami-
nation, at our expense, by physicians
of our choice as often as we reason-
ably require.
b. We will make these payments regardless of
fault. These payments will not exceed the ap-
plicable limit of insurance. We will pay reason-
able expenses for:
(1) First aid administered at the time of an
accident;
(2) Necessary medical, surgical, X-ray and
dental services, including prosthetic de-
vices; and
(3) Necessary ambulance, hospital, profes-
sional nursing and funeral services.
2. Exclusions
We will not pay expenses for “bodily injury”:
a. Any Insured
To any insured, except “volunteer workers”.
b. Hired Person
To a person hired to do work for or on behalf
of any insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of prem-
ises you own or rent that the person normally
occupies.
d. Workers’ Compensation And Similar Laws
To a person, whether or not an “employee”
of any insured, if benefits for the “bodily injury”
are payable or must be provided under a
workers’ compensation or disability benefits
law or a similar law.
e. Athletics Activities
To a person injured while practicing, instruct-
ing or participating in any physical exercises or
games, sports, or athletic contests.
f. Products-Completed Operations Hazard
Included within the “products-completed oper-
ations hazard”.
g. Coverage A Exclusions
Excluded under Coverage A.
SUPPLEMENTARY PAYMENTS – COVERAGES A
AND B
1. We will pay, with respect to any claim we investi-
gate or settle, or any “suit” against an insured we
defend:
a. All expenses we incur.
b. Up to $250 for cost of bail bonds required be-
cause of accidents or traffic law violations aris-
ing out of the use of any vehicle to which the
Bodily Injury Liability Coverage applies. We do
not have to furnish these bonds.
c. The cost of bonds to release attachments, but
only for bond amounts within the applicable
limit of insurance. We do not have to furnish
these bonds.
d. All reasonable expenses incurred by the in-
sured at our request to assist us in the in-
vestigation or defense of the claim or “suit”, in
cluding actual loss of earnings up to $250 a
day because of time off from work.
e. All court costs taxed against the insured in the
“suit”. However, these payments do not in-
clude attorneys’ fees or attorneys’ expenses
taxed against the insured.
f. Prejudgment interest awarded against the in-
sured on that part of the judgment we pay. If
we make an offer to pay the applicable limit of
insurance, we will not pay any prejudgment
interest based on that period of time after the
offer.
CG 00 01 04 13 Copyright, Insurance Services Office, Inc., 2012 Page 9 of 16
g. All interest on the full amount of any judgment
that accrues after entry of the judgment and
before we have paid, offered to pay, or depos-
ited in court the part of the judgment that is
within the applicable limit of insurance.
These payments will not reduce the limits of
insurance.
2. If we defend an insured against a “suit” and an in-
demnitee of the insured is also named as a party to
the “suit”, we will defend that indemnitee if all of the
following conditions are met:
a. The “suit” against the indemnitee seeks dam-
ages for which the insured has assumed the
liability of the indemnitee in a contract or
agreement that is an “insured contract”;
b. This insurance applies to such liability as-
sumed by the insured;
c. The obligation to defend, or the cost of the de-
fense of, that indemnitee, has also been as-
sumed by the insured in the same “insured
contract”;
d. The allegations in the “suit” and the information
we know about the “occurrence” are such that
no conflict appears to exist between the inter-
ests of the insured and the interests of the
indemnitee;
e. The indemnitee and the insured ask us to
conduct and control the defense of that indem-
nitee against such “suit” and agree that we can
assign the same counsel to defend the insured
and the indemnitee; and
f. The indemnitee:
(1) Agrees in writing to:
(a) Cooperate with us in the investigation,
settlement or defense of the “suit”;
(b) Immediately send us copies of any de-
mands, notices, summonses or legal
papers received in connection with the
“suit”;
(c) Notify any other insurer whose cover-
age is available to the indemnitee; and
(d) Cooperate with us with respect to co-
ordinating other applicable insurance
available to the indemnitee; and
(2) Provides us with written authorization to:
(a) Obtain records and other information
related to the “suit”; and
(b) Conduct and control the defense of
the indemnitee in such “suit”.
So long as the above conditions are met, attor-
neys’ fees incurred by us in the defense of that in-
demnitee, necessary litigation expenses incurred
by us and necessary litigation expenses incurred
by the indemnitee at our request will be paid as
Supplementary Payments. Notwithstanding the
provisions of Paragraph 2.b.(2) of Section I – Cov-
erage A – Bodily Injury And Property Damage Li-
ability, such payments will not be deemed to be
damages for “bodily injury” and “property damage”
and will not reduce the limits of insurance.
Our obligation to defend an insured’s indemnitee
and to pay for attorneys’ fees and necessary litiga-
tion expenses as Supplementary Payments ends
when we have used up the applicable limit of insur-
ance in the payment of judgments or settlements
or the conditions set forth above, or the terms of
the agreement described in Paragraph f. above,
are no longer met.
SECTION II – WHO IS AN INSURED
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are insur-
eds, but only with respect to the conduct of a
business of which you are the sole owner.
b. A partnership or joint venture, you are an in-
sured. Your members, your partners, and their
spouses are also insureds, but only with re-
spect to the conduct of your business.
c. A limited liability company, you are an insured.
Your members are also insureds, but only with
respect to the conduct of your business. Your
managers are insureds, but only with respect
to their duties as your managers.
d. An organization other than a partnership, joint
venture or limited liability company, you are an
insured. Your “executive officers” and directors
are insureds, but only with respect to their
duties as your officers or directors. Your stock-
holders are also insureds, but only with re-
spect to their liability as stockholders.
e. A trust, you are an insured. Your trustees are
also insureds, but only with respect to their du-
ties as trustees.
g. All interest on the full amount of any judgment
that accrues after entry of the judgment and
before we have paid, offered to pay, or depos-
ited in court the part of the judgment that is
within the applicable limit of insurance.
These payments will not reduce the limits of
insurance.
2. If we defend an insured against a “suit” and an in-
demnitee of the insured is also named as a party to
the “suit”, we will defend that indemnitee if all of the
following conditions are met:
a. The “suit” against the indemnitee seeks dam-
ages for which the insured has assumed the
liability of the indemnitee in a contract or
agreement that is an “insured contract”;
b. This insurance applies to such liability as-
sumed by the insured;
c. The obligation to defend, or the cost of the de-
fense of, that indemnitee, has also been as-
sumed by the insured in the same “insured
contract”;
d. The allegations in the “suit” and the information
we know about the “occurrence” are such that
no conflict appears to exist between the inter-
ests of the insured and the interests of the
indemnitee;
e. The indemnitee and the insured ask us to
conduct and control the defense of that indem-
nitee against such “suit” and agree that we can
assign the same counsel to defend the insured
and the indemnitee; and
f. The indemnitee:
(1) Agrees in writing to:
(a) Cooperate with us in the investigation,
settlement or defense of the “suit”;
(b) Immediately send us copies of any de-
mands, notices, summonses or legal
papers received in connection with the
“suit”;
(c) Notify any other insurer whose cover-
age is available to the indemnitee; and
(d) Cooperate with us with respect to co-
ordinating other applicable insurance
available to the indemnitee; and
(2) Provides us with written authorization to:
(a) Obtain records and other information
related to the “suit”; and
(b) Conduct and control the defense of
the indemnitee in such “suit”.
So long as the above conditions are met, attor-
neys’ fees incurred by us in the defense of that in-
demnitee, necessary litigation expenses incurred
by us and necessary litigation expenses incurred
by the indemnitee at our request will be paid as
Supplementary Payments. Notwithstanding the
provisions of Paragraph 2.b.(2) of Section I – Cov-
erage A – Bodily Injury And Property Damage Li-
ability, such payments will not be deemed to be
damages for “bodily injury” and “property damage”
and will not reduce the limits of insurance.
Our obligation to defend an insured’s indemnitee
and to pay for attorneys’ fees and necessary litiga-
tion expenses as Supplementary Payments ends
when we have used up the applicable limit of insur-
ance in the payment of judgments or settlements
or the conditions set forth above, or the terms of
the agreement described in Paragraph f. above,
are no longer met.
SECTION II – WHO IS AN INSURED
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are insur-
eds, but only with respect to the conduct of a
business of which you are the sole owner.
b. A partnership or joint venture, you are an in-
sured. Your members, your partners, and their
spouses are also insureds, but only with re-
spect to the conduct of your business.
c. A limited liability company, you are an insured.
Your members are also insureds, but only with
respect to the conduct of your business. Your
managers are insureds, but only with respect
to their duties as your managers.
d. An organization other than a partnership, joint
venture or limited liability company, you are an
insured. Your “executive officers” and directors
are insureds, but only with respect to their
duties as your officers or directors. Your stock-
holders are also insureds, but only with re-
spect to their liability as stockholders.
e. A trust, you are an insured. Your trustees are
also insureds, but only with respect to their du-
ties as trustees.
Page 10 of 16 Copyright, Insurance Services Office, Inc., 2012 CG 00 01 04 13
2. Each of the following is also an insured:
a. Your “volunteer workers” only while performing
duties related to the conduct of your business,
or your “employees”, other than either your
“executive officers” (if you are an organization
other than a partnership, joint venture or lim-
ited liability company) or your managers (if you
are a limited liability company), but only for
acts within the scope of their employment by
you or while performing duties related to the
conduct of your business. However, none of
these “employees” or “volunteer workers” are
insureds for:
(1) “Bodily injury” or “personal and advertising
injury”:
(a) To you, to your partners or members
(if you are a partnership or joint ven-
ture), to your members (if you are a
limited liability company), to a co-“em-
ployee” while in the course of his or
her employment or performing duties
related to the conduct of your busi-
ness, or to your other “volunteer
workers” while performing duties re-
lated to the conduct of your business;
(b) To the spouse, child, parent, brother
or sister of that co-“employee” or “vol-
unteer worker” as a consequence of
Paragraph (1)(a) above;
(c) For which there is any obligation to
share damages with or repay some-
one else who must pay damages
because of the injury described in
Paragraph (1)(a) or (b) above; or
(d) Arising out of his or her providing or
failing to provide professional health
care services.
(2) “Property damage” to property:
(a) Owned, occupied or used by;
(b) Rented to, in the care, custody or con-
trol of, or over which physical control
is being exercised for any purpose by;
you, any of your “employees”, “volunteer
workers”, any partner or member (if
you are a partnership or joint venture), or
any member (if you are a limited liability
company).
b. Any person (other than your “employee” or
“volunteer worker”), or any organization while
acting as your real estate manager.
c. Any person or organization having proper tem-
porary custody of your property if you die, but
only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has been
appointed.
d. Your legal representative if you die, but only
with respect to duties as such. That represen-
tative will have all your rights and duties under
this Coverage Part.
3. Any organization you newly acquire or form, other
than a partnership, joint venture or limited liability
company, and over which you maintain ownership
or majority interest, will qualify as a Named Insured
if there is no other similar insurance available to
that organization. However:
a. Coverage under this provision is afforded only
until the 90th day after you acquire or form the
organization or the end of the policy period,
whichever is earlier;
b. Coverage A does not apply to “bodily injury” or
“property damage” that occurred before you
acquired or formed the organization; and
c. Coverage B does not apply to “personal and
advertising injury” arising out of an offense
committed before you acquired or formed the
organization.
No person or organization is an insured with respect to
the conduct of any current or past partnership, joint
venture or limited liability company that is not shown as
a Named Insured in the Declarations.
SECTION III – LIMITS OF INSURANCE
1. The Limits of Insurance shown in the Declarations
and the rules below fix the most we will pay regard-
less of the number of:
a. Insureds;
b. Claims made or “suits” brought; or
c. Persons or organizations making claims or
bringing “suits”.
2. The General Aggregate Limit is the most we will
pay for the sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except damages
because of “bodily injury” or “property dam-
age” included in the “products-completed op-
erations hazard”; and
c. Damages under Coverage B.
2. Each of the following is also an insured:
a. Your “volunteer workers” only while performing
duties related to the conduct of your business,
or your “employees”, other than either your
“executive officers” (if you are an organization
other than a partnership, joint venture or lim-
ited liability company) or your managers (if you
are a limited liability company), but only for
acts within the scope of their employment by
you or while performing duties related to the
conduct of your business. However, none of
these “employees” or “volunteer workers” are
insureds for:
(1) “Bodily injury” or “personal and advertising
injury”:
(a) To you, to your partners or members
(if you are a partnership or joint ven-
ture), to your members (if you are a
limited liability company), to a co-“em-
ployee” while in the course of his or
her employment or performing duties
related to the conduct of your busi-
ness, or to your other “volunteer
workers” while performing duties re-
lated to the conduct of your business;
(b) To the spouse, child, parent, brother
or sister of that co-“employee” or “vol-
unteer worker” as a consequence of
Paragraph (1)(a) above;
(c) For which there is any obligation to
share damages with or repay some-
one else who must pay damages
because of the injury described in
Paragraph (1)(a) or (b) above; or
(d) Arising out of his or her providing or
failing to provide professional health
care services.
(2) “Property damage” to property:
(a) Owned, occupied or used by;
(b) Rented to, in the care, custody or con-
trol of, or over which physical control
is being exercised for any purpose by;
you, any of your “employees”, “volunteer
workers”, any partner or member (if
you are a partnership or joint venture), or
any member (if you are a limited liability
company).
b. Any person (other than your “employee” or
“volunteer worker”), or any organization while
acting as your real estate manager.
c. Any person or organization having proper tem-
porary custody of your property if you die, but
only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has been
appointed.
d. Your legal representative if you die, but only
with respect to duties as such. That represen-
tative will have all your rights and duties under
this Coverage Part.
3. Any organization you newly acquire or form, other
than a partnership, joint venture or limited liability
company, and over which you maintain ownership
or majority interest, will qualify as a Named Insured
if there is no other similar insurance available to
that organization. However:
a. Coverage under this provision is afforded only
until the 90th day after you acquire or form the
organization or the end of the policy period,
whichever is earlier;
b. Coverage A does not apply to “bodily injury” or
“property damage” that occurred before you
acquired or formed the organization; and
c. Coverage B does not apply to “personal and
advertising injury” arising out of an offense
committed before you acquired or formed the
organization.
No person or organization is an insured with respect to
the conduct of any current or past partnership, joint
venture or limited liability company that is not shown as
a Named Insured in the Declarations.
SECTION III – LIMITS OF INSURANCE
1. The Limits of Insurance shown in the Declarations
and the rules below fix the most we will pay regard-
less of the number of:
a. Insureds;
b. Claims made or “suits” brought; or
c. Persons or organizations making claims or
bringing “suits”.
2. The General Aggregate Limit is the most we will
pay for the sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except damages
because of “bodily injury” or “property dam-
age” included in the “products-completed op-
erations hazard”; and
c. Damages under Coverage B.
CG 00 01 04 13 Copyright, Insurance Services Office, Inc., 2012 Page 11 of 16
3. The Products-Completed Operations Aggregate
Limit is the most we will pay under Coverage A for
damages because of “bodily injury” and “property
damage” included in the “products-completed op-
erations hazard”.
4. Subject to Paragraph 2. above, the Personal And
Advertising Injury Limit is the most we will pay
under Coverage B for the sum of all damages be-
cause of all “personal and advertising injury” sus-
tained by any one person or organization.
5. Subject to Paragraph 2. or 3. above, whichever ap-
plies, the Each Occurrence Limit is the most we will
pay for the sum of:
a. Damages under Coverage A; and
b. Medical expenses under Coverage C
because of all “bodily injury” and “property dam-
age” arising out of any one “occurrence”.
6. Subject to Paragraph 5. above, the Damage To
Premises Rented To You Limit is the most we will
pay under Coverage A for damages because
of “property damage” to any one premises, while
rented to you, or in the case of damage by fire,
while rented to you or temporarily occupied by you
with permission of the owner.
7. Subject to Paragraph 5. above, the Medical Ex-
pense Limit is the most we will pay under Cover-
age C for all medical expenses because of “bodily
injury” sustained by any one person.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended after
issuance for an additional period of less than 12
months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.
SECTION IV – COMMERCIAL GENERAL LIABILITY
CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of the
insured’s estate will not relieve us of our obliga-
tions under this Coverage Part.
2. Duties In The Event Of Occurrence, Offense,
Claim Or Suit
a. You must see to it that we are notified as soon
as practicable of an “occurrence” or an offense
which may result in a claim. To the extent pos-
sible, notice should include:
(1) How, when and where the “occurrence” or
offense took place;
(2) The names and addresses of any injured
persons and witnesses; and
(3) The nature and location of any injury or
damage arising out of the “occurrence” or
offense.
b. If a claim is made or “suit” is brought against
any insured, you must:
(1) Immediately record the specifics of the
claim or “suit” and the date received; and
(2) Notify us as soon as practicable.
You must see to it that we receive written
notice of the claim or “suit” as soon as
practicable.
c. You and any other involved insured must:
(1) Immediately send us copies of any de-
mands, notices, summonses or legal pa-
pers received in connection with the claim
or “suit”;
(2) Authorize us to obtain records and other
information;
(3) Cooperate with us in the investigation or
settlement of the claim or defense against
the “suit”; and
(4) Assist us, upon our request, in the enforce-
ment of any right against any person or
organization which may be liable to the in-
sured because of injury or damage to
which this insurance may also apply.
d. No insured will, except at that insured’s own
cost, voluntarily make a payment, assume any
obligation, or incur any expense, other than for
first aid, without our consent.
3. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us into
a “suit” asking for damages from an insured; or
b. To sue us on this Coverage Part unless all of its
terms have been fully complied with.
A person or organization may sue us to recover on
an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this Coverage Part or that are in excess of the ap-
plicable limit of insurance. An agreed settlement
means a settlement and release of liability signed
by us, the insured and the claimant or the
claimant’s legal representative.
3. The Products-Completed Operations Aggregate
Limit is the most we will pay under Coverage A for
damages because of “bodily injury” and “property
damage” included in the “products-completed op-
erations hazard”.
4. Subject to Paragraph 2. above, the Personal And
Advertising Injury Limit is the most we will pay
under Coverage B for the sum of all damages be-
cause of all “personal and advertising injury” sus-
tained by any one person or organization.
5. Subject to Paragraph 2. or 3. above, whichever ap-
plies, the Each Occurrence Limit is the most we will
pay for the sum of:
a. Damages under Coverage A; and
b. Medical expenses under Coverage C
because of all “bodily injury” and “property dam-
age” arising out of any one “occurrence”.
6. Subject to Paragraph 5. above, the Damage To
Premises Rented To You Limit is the most we will
pay under Coverage A for damages because
of “property damage” to any one premises, while
rented to you, or in the case of damage by fire,
while rented to you or temporarily occupied by you
with permission of the owner.
7. Subject to Paragraph 5. above, the Medical Ex-
pense Limit is the most we will pay under Cover-
age C for all medical expenses because of “bodily
injury” sustained by any one person.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended after
issuance for an additional period of less than 12
months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.
Scottsdale General Liability Policy
SECTION IV – COMMERCIAL GENERAL LIABILITY
CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of the
insured’s estate will not relieve us of our obliga-
tions under this Coverage Part.
2. Duties In The Event Of Occurrence, Offense,
Claim Or Suit
a. You must see to it that we are notified as soon
as practicable of an “occurrence” or an offense
which may result in a claim. To the extent pos-
sible, notice should include:
(1) How, when and where the “occurrence” or
offense took place;
(2) The names and addresses of any injured
persons and witnesses; and
(3) The nature and location of any injury or
damage arising out of the “occurrence” or
offense.
b. If a claim is made or “suit” is brought against
any insured, you must:
(1) Immediately record the specifics of the
claim or “suit” and the date received; and
(2) Notify us as soon as practicable.
You must see to it that we receive written
notice of the claim or “suit” as soon as
practicable.
c. You and any other involved insured must:
(1) Immediately send us copies of any de-
mands, notices, summonses or legal pa-
pers received in connection with the claim
or “suit”;
(2) Authorize us to obtain records and other
information;
(3) Cooperate with us in the investigation or
settlement of the claim or defense against
the “suit”; and
(4) Assist us, upon our request, in the enforce-
ment of any right against any person or
organization which may be liable to the in-
sured because of injury or damage to
which this insurance may also apply.
d. No insured will, except at that insured’s own
cost, voluntarily make a payment, assume any
obligation, or incur any expense, other than for
first aid, without our consent.
3. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us into
a “suit” asking for damages from an insured; or
b. To sue us on this Coverage Part unless all of its
terms have been fully complied with.
A person or organization may sue us to recover on
an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this Coverage Part or that are in excess of the ap-
plicable limit of insurance. An agreed settlement
means a settlement and release of liability signed
by us, the insured and the claimant or the
claimant’s legal representative.
Page 12 of 16 Copyright, Insurance Services Office, Inc., 2012 CG 00 01 04 13
4. Other Insurance
If other valid and collectible insurance is available
to the insured for a loss we cover under Cover-
ages A or B of this Coverage Part, our obligations
are limited as follows:
a. Primary Insurance
This insurance is primary except when Para-
graph b. below applies. If this insurance is pri-
mary, our obligations are not affected unless
any of the other insurance is also primary.
Then, we will share with all that other insurance
by the method described in Paragraph c.
below.
b. Excess Insurance
(1) This insurance is excess over:
(a) Any of the other insurance, whether
primary, excess, contingent or on any
other basis:
(i) That is Fire, Extended Coverage,
Builder’s Risk, Installation Risk or
similar coverage for “your work”;
(ii) That is Fire insurance for premises
rented to you or temporarily occu-
pied by you with permission of the
owner;
(iii) That is insurance purchased by
you to cover your liability as a ten-
ant for “property damage” to
premises rented to you or tempo-
rarily occupied by you with per-
mission of the owner; or
(iv) If the loss arises out of the main-
tenance or use of aircraft, “autos”
or watercraft to the extent not sub-
ject to Exclusion g. of Section I – Coverage A – Bodily Injury And
Property Damage Liability.
(b) Any other primary insurance available
to you covering liability for damages
arising out of the premises or opera-
tions, or the products and completed
operations, for which you have been
added as an additional insured.
(2) When this insurance is excess, we will
have no duty under Coverages A or B to
defend the insured against any “suit” if any
other insurer has a duty to defend the in-
sured against that “suit”. If no other insurer
defends, we will undertake to do so, but
we will be entitled to the insured’s rights
against all those other insurers.
(3) When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that exceeds
the sum of:
(a) The total amount that all such other in-
surance would pay for the loss in the
absence of this insurance; and
(b) The total of all deductible and self-
insured amounts under all that other
insurance.
(4) We will share the remaining loss, if any,
with any other insurance that is not de-
scribed in this Excess Insurance provision
and was not bought specifically to apply in
excess of the Limits of Insurance shown in
the Declarations of this Coverage Part.
c. Method Of Sharing
If all of the other insurance permits contribu-
tion by equal shares, we will follow this method
also. Under this approach each insurer con-
tributes equal amounts until it has paid its ap-
plicable limit of insurance or none of the loss
remains, whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this method, each insurer’s
share is based on the ratio of its applicable
limit of insurance to the total applicable limits
of insurance of all insurers.
5. Premium Audit
a. We will compute all premiums for this Cover-
age Part in accordance with our rules and
rates.
b. Premium shown in this Coverage Part as ad-
vance premium is a deposit premium only. At
the close of each audit period we will compute
the earned premium for that period and send
notice to the first Named Insured. The due date
for audit and retrospective premiums is the
date shown as the due date on the bill. If the
sum of the advance and audit premiums paid
for the policy period is greater than the earned
premium, we will return the excess to the first
Named Insured.
c. The first Named Insured must keep records of
the information we need for premium compu-
tation, and send us copies at such times as we
may request.
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are accu-
rate and complete;
4. Other Insurance
If other valid and collectible insurance is available
to the insured for a loss we cover under Cover-
ages A or B of this Coverage Part, our obligations
are limited as follows:
a. Primary Insurance
This insurance is primary except when Para-
graph b. below applies. If this insurance is pri-
mary, our obligations are not affected unless
any of the other insurance is also primary.
Then, we will share with all that other insurance
by the method described in Paragraph c.
below.
b. Excess Insurance
(1) This insurance is excess over:
(a) Any of the other insurance, whether
primary, excess, contingent or on any
other basis:
(i) That is Fire, Extended Coverage,
Builder’s Risk, Installation Risk or
similar coverage for “your work”;
(ii) That is Fire insurance for premises
rented to you or temporarily occu-
pied by you with permission of the
owner;
(iii) That is insurance purchased by
you to cover your liability as a ten-
ant for “property damage” to
premises rented to you or tempo-
rarily occupied by you with per-
mission of the owner; or
(iv) If the loss arises out of the main-
tenance or use of aircraft, “autos”
or watercraft to the extent not sub-
ject to Exclusion g. of Section I – Coverage A – Bodily Injury And
Property Damage Liability.
(b) Any other primary insurance available
to you covering liability for damages
arising out of the premises or opera-
tions, or the products and completed
operations, for which you have been
added as an additional insured.
(2) When this insurance is excess, we will
have no duty under Coverages A or B to
defend the insured against any “suit” if any
other insurer has a duty to defend the in-
sured against that “suit”. If no other insurer
defends, we will undertake to do so, but
we will be entitled to the insured’s rights
against all those other insurers.
(3) When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that exceeds
the sum of:
(a) The total amount that all such other in-
surance would pay for the loss in the
absence of this insurance; and
(b) The total of all deductible and self-
insured amounts under all that other
insurance.
(4) We will share the remaining loss, if any,
with any other insurance that is not de-
scribed in this Excess Insurance provision
and was not bought specifically to apply in
excess of the Limits of Insurance shown in
the Declarations of this Coverage Part.
c. Method Of Sharing
If all of the other insurance permits contribu-
tion by equal shares, we will follow this method
also. Under this approach each insurer con-
tributes equal amounts until it has paid its ap-
plicable limit of insurance or none of the loss
remains, whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this method, each insurer’s
share is based on the ratio of its applicable
limit of insurance to the total applicable limits
of insurance of all insurers.
5. Premium Audit
a. We will compute all premiums for this Cover-
age Part in accordance with our rules and
rates.
b. Premium shown in this Coverage Part as ad-
vance premium is a deposit premium only. At
the close of each audit period we will compute
the earned premium for that period and send
notice to the first Named Insured. The due date
for audit and retrospective premiums is the
date shown as the due date on the bill. If the
sum of the advance and audit premiums paid
for the policy period is greater than the earned
premium, we will return the excess to the first
Named Insured.
c. The first Named Insured must keep records of
the information we need for premium compu-
tation, and send us copies at such times as we
may request.
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are accu-
rate and complete;
CG 00 01 04 13 Copyright, Insurance Services Office, Inc., 2012 Page 13 of 16
b. Those statements are based upon representa-
tions you made to us; and
c. We have issued this policy in reliance upon
your representations.
7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this in-
surance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
claim is made or “suit” is brought.
8. Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover all or part of any
payment we have made under this Coverage Part,
those rights are transferred to us. The insured must
do nothing after loss to impair them. At our re-
quest, the insured will bring “suit” or transfer those
rights to us and help us enforce them.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we
will mail or deliver to the first Named Insured
shown in the Declarations written notice of the
nonrenewal not less than 30 days before the expi-
ration date.
If notice is mailed, proof of mailing will be sufficient
proof of notice.
SECTION V – DEFINITIONS
1. “Advertisement” means a notice that is broadcast
or published to the general public or specific mar-
ket segments about your goods, products or ser-
vices for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notices that are published include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding web sites, only that part of a web
site that is about your goods, products or ser-
vices for the purposes of attracting customers
or supporters is considered an advertisement.
2. “Auto” means:
a. A land motor vehicle, trailer or semitrailer de-
signed for travel on public roads, including any
attached machinery or equipment; or
b. Any other land vehicle that is subject to a com-
pulsory or financial responsibility law or other
motor vehicle insurance law where it is li-
censed or principally garaged.
However, “auto” does not include “mobile
equipment”.
3. “Bodily injury” means bodily injury, sickness or dis-
ease sustained by a person, including death result-
ing from any of these at any time.
4. “Coverage territory” means:
a. The United States of America (including its ter-
ritories and possessions), Puerto Rico and
Canada;
b. International waters or airspace, but only if the
injury or damage occurs in the course of travel
or transportation between any places included
in Paragraph a. above; or
c. All other parts of the world if the injury or dam-
age arises out of:
(1) Goods or products made or sold by you in
the territory described in Paragraph a.
above;
(2) The activities of a person whose home is in
the territory described in Paragraph a.
above, but is away for a short time on your
business; or
(3) “Personal and advertising injury” offenses
that take place through the Internet or sim-
ilar electronic means of communication;
provided the insured’s responsibility to pay
damages is determined in a “suit” on the mer-
its, in the territory described in Paragraph a.
above or in a settlement we agree to.
5. “Employee” includes a “leased worker”. “Employee”
does not include a “temporary worker”.
6. “Executive officer” means a person holding any of
the officer positions created by your charter, con-
stitution, bylaws or any other similar governing
document.
7. “Hostile fire” means one which becomes uncontrol-
lable or breaks out from where it was intended to
be.
8. “Impaired property” means tangible property, other
than “your product” or “your work”, that cannot be
used or is less useful because:
a. It incorporates “your product” or “your work”
that is known or thought to be defective, defi-
cient, inadequate or dangerous; or
b. You have failed to fulfill the terms of a contract
or agreement;
if such property can be restored to use by the re-
pair, replacement, adjustment or removal of “your
product” or “your work” or your fulfilling the terms
of the contract or agreement.
b. Those statements are based upon representa-
tions you made to us; and
c. We have issued this policy in reliance upon
your representations.
7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this in-
surance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
claim is made or “suit” is brought.
8. Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover all or part of any
payment we have made under this Coverage Part,
those rights are transferred to us. The insured must
do nothing after loss to impair them. At our re-
quest, the insured will bring “suit” or transfer those
rights to us and help us enforce them.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we
will mail or deliver to the first Named Insured
shown in the Declarations written notice of the
nonrenewal not less than 30 days before the expi-
ration date.
If notice is mailed, proof of mailing will be sufficient
proof of notice.
SECTION V – DEFINITIONS
1. “Advertisement” means a notice that is broadcast
or published to the general public or specific mar-
ket segments about your goods, products or ser-
vices for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notices that are published include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding web sites, only that part of a web
site that is about your goods, products or ser-
vices for the purposes of attracting customers
or supporters is considered an advertisement.
2. “Auto” means:
a. A land motor vehicle, trailer or semitrailer de-
signed for travel on public roads, including any
attached machinery or equipment; or
b. Any other land vehicle that is subject to a com-
pulsory or financial responsibility law or other
motor vehicle insurance law where it is li-
censed or principally garaged.
However, “auto” does not include “mobile
equipment”.
3. “Bodily injury” means bodily injury, sickness or dis-
ease sustained by a person, including death result-
ing from any of these at any time.
4. “Coverage territory” means:
a. The United States of America (including its ter-
ritories and possessions), Puerto Rico and
Canada;
b. International waters or airspace, but only if the
injury or damage occurs in the course of travel
or transportation between any places included
in Paragraph a. above; or
c. All other parts of the world if the injury or dam-
age arises out of:
(1) Goods or products made or sold by you in
the territory described in Paragraph a.
above;
(2) The activities of a person whose home is in
the territory described in Paragraph a.
above, but is away for a short time on your
business; or
(3) “Personal and advertising injury” offenses
that take place through the Internet or sim-
ilar electronic means of communication;
provided the insured’s responsibility to pay
damages is determined in a “suit” on the mer-
its, in the territory described in Paragraph a.
above or in a settlement we agree to.
5. “Employee” includes a “leased worker”. “Employee”
does not include a “temporary worker”.
6. “Executive officer” means a person holding any of
the officer positions created by your charter, con-
stitution, bylaws or any other similar governing
document.
7. “Hostile fire” means one which becomes uncontrol-
lable or breaks out from where it was intended to
be.
8. “Impaired property” means tangible property, other
than “your product” or “your work”, that cannot be
used or is less useful because:
a. It incorporates “your product” or “your work”
that is known or thought to be defective, defi-
cient, inadequate or dangerous; or
b. You have failed to fulfill the terms of a contract
or agreement;
if such property can be restored to use by the re-
pair, replacement, adjustment or removal of “your
product” or “your work” or your fulfilling the terms
of the contract or agreement.
Page 14 of 16 Copyright, Insurance Services Office, Inc., 2012 CG 00 01 04 13
9. “Insured contract” means:
a. A contract for a lease of premises. However,
that portion of the contract for a lease of prem-
ises that indemnifies any person or organiza-
tion for damage by fire to premises while
rented to you or temporarily occupied by you
with permission of the owner is not an “insured
contract”;
b. A sidetrack agreement;
c. Any easement or license agreement, except in
connection with construction or demolition op-
erations on or within 50 feet of a railroad;
d. An obligation, as required by ordinance, to in-
demnify a municipality, except in connection
with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement
pertaining to your business (including an in-
demnification of a municipality in connection
with work performed for a municipality) under
which you assume the tort liability of another
party to pay for “bodily injury” or “property
damage” to a third person or organization.
Tort liability means a liability that would be im-
posed by law in the absence of any contract or
agreement.
Paragraph f. does not include that part of any
contract or agreement:
(1) That indemnifies a railroad for “bodily in-
jury” or “property damage” arising out of
construction or demolition operations,
within 50 feet of any railroad property and
affecting any railroad bridge or trestle,
tracks, road-beds, tunnel, underpass or
crossing;
(2) That indemnifies an architect, engineer or
surveyor for injury or damage arising out
of:
(a) Preparing, approving, or failing to pre-
pare or approve, maps, shop draw-
ings, opinions, reports, surveys, field
orders, change orders or drawings
and specifications; or
(b) Giving directions or instructions, or
failing to give them, if that is the pri-
mary cause of the injury or damage; or
(3) Under which the insured, if an architect,
engineer or surveyor, assumes liability for
an injury or damage arising out of the in-
sured’s rendering or failure to render pro-
fessional services, including those listed
in (2) above and supervisory, inspection,
architectural or engineering activities.
10. “Leased worker” means a person leased to you by
a labor leasing firm under an agreement between
you and the labor leasing firm, to perform duties re-
lated to the conduct of your business. “Leased
worker” does not include a “temporary worker”.
11. “Loading or unloading” means the handling of
property:
a. After it is moved from the place where it is ac-
cepted for movement into or onto an aircraft,
watercraft or “auto”;
b. While it is in or on an aircraft, watercraft or
“auto”; or
c. While it is being moved from an aircraft, water-
craft or “auto” to the place where it is finally
delivered;
but “loading or unloading” does not include the
movement of property by means of a mechanical
device, other than a hand truck, that is not at-
tached to the aircraft, watercraft or “auto”.
12. “Mobile equipment” means any of the following
types of land vehicles, including any attached ma-
chinery or equipment:
a. Bulldozers, farm machinery, forklifts and other
vehicles designed for use principally off public
roads;
b. Vehicles maintained for use solely on or next
to premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, main-
tained primarily to provide mobility to perma-
nently mounted:
(1) Power cranes, shovels, loaders, diggers or
drills; or
(2) Road construction or resurfacing equip-
ment such as graders, scrapers or rollers;
e. Vehicles not described in Paragraph a., b., c.
or d. above that are not self-propelled and are
maintained primarily to provide mobility to per-
manently attached equipment of the following
types:
(1) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment; or
(2) Cherry pickers and similar devices used to
raise or lower workers;
f. Vehicles not described in Paragraph a., b., c.
or d. above maintained primarily for purposes
other than the transportation of persons or
cargo.
9. “Insured contract” means:
a. A contract for a lease of premises. However,
that portion of the contract for a lease of prem-
ises that indemnifies any person or organiza-
tion for damage by fire to premises while
rented to you or temporarily occupied by you
with permission of the owner is not an “insured
contract”;
b. A sidetrack agreement;
c. Any easement or license agreement, except in
connection with construction or demolition op-
erations on or within 50 feet of a railroad;
d. An obligation, as required by ordinance, to in-
demnify a municipality, except in connection
with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement
pertaining to your business (including an in-
demnification of a municipality in connection
with work performed for a municipality) under
which you assume the tort liability of another
party to pay for “bodily injury” or “property
damage” to a third person or organization.
Tort liability means a liability that would be im-
posed by law in the absence of any contract or
agreement.
Paragraph f. does not include that part of any
contract or agreement:
(1) That indemnifies a railroad for “bodily in-
jury” or “property damage” arising out of
construction or demolition operations,
within 50 feet of any railroad property and
affecting any railroad bridge or trestle,
tracks, road-beds, tunnel, underpass or
crossing;
(2) That indemnifies an architect, engineer or
surveyor for injury or damage arising out
of:
(a) Preparing, approving, or failing to pre-
pare or approve, maps, shop draw-
ings, opinions, reports, surveys, field
orders, change orders or drawings
and specifications; or
(b) Giving directions or instructions, or
failing to give them, if that is the pri-
mary cause of the injury or damage; or
(3) Under which the insured, if an architect,
engineer or surveyor, assumes liability for
an injury or damage arising out of the in-
sured’s rendering or failure to render pro-
fessional services, including those listed
in (2) above and supervisory, inspection,
architectural or engineering activities.
10. “Leased worker” means a person leased to you by
a labor leasing firm under an agreement between
you and the labor leasing firm, to perform duties re-
lated to the conduct of your business. “Leased
worker” does not include a “temporary worker”.
11. “Loading or unloading” means the handling of
property:
a. After it is moved from the place where it is ac-
cepted for movement into or onto an aircraft,
watercraft or “auto”;
b. While it is in or on an aircraft, watercraft or
“auto”; or
c. While it is being moved from an aircraft, water-
craft or “auto” to the place where it is finally
delivered;
but “loading or unloading” does not include the
movement of property by means of a mechanical
device, other than a hand truck, that is not at-
tached to the aircraft, watercraft or “auto”.
12. “Mobile equipment” means any of the following
types of land vehicles, including any attached ma-
chinery or equipment:
a. Bulldozers, farm machinery, forklifts and other
vehicles designed for use principally off public
roads;
b. Vehicles maintained for use solely on or next
to premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, main-
tained primarily to provide mobility to perma-
nently mounted:
(1) Power cranes, shovels, loaders, diggers or
drills; or
(2) Road construction or resurfacing equip-
ment such as graders, scrapers or rollers;
e. Vehicles not described in Paragraph a., b., c.
or d. above that are not self-propelled and are
maintained primarily to provide mobility to per-
manently attached equipment of the following
types:
(1) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment; or
(2) Cherry pickers and similar devices used to
raise or lower workers;
f. Vehicles not described in Paragraph a., b., c.
or d. above maintained primarily for purposes
other than the transportation of persons or
cargo.
CG 00 01 04 13 Copyright, Insurance Services Office, Inc., 2012 Page 15 of 16
However, self-propelled vehicles with the fol-
lowing types of permanently attached equip-
ment are not “mobile equipment” but will be
considered “autos”:
(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not construc-
tion or resurfacing; or
(c) Street cleaning;
(2) Cherry pickers and similar devices
mounted on automobile or truck chassis
and used to raise or lower workers; and
(3) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment.
However, “mobile equipment” does not include any
land vehicles that are subject to a compulsory or
financial responsibility law or other motor vehicle
insurance law where it is licensed or principally ga-
raged. Land vehicles subject to a compulsory or
financial responsibility law or other motor vehicle
insurance law are considered “autos”.
13. “Occurrence” means an accident, including contin-
uous or repeated exposure to substantially the
same general harmful conditions.
14. “Personal and advertising injury” means injury, in-
cluding consequential “bodily injury”, arising out of
one or more of the following offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
c. The wrongful eviction from, wrongful entry
into, or invasion of the right of private occu-
pancy of a room, dwelling or premises that a
person occupies, committed by or on behalf of
its owner, landlord or lessor;
d. Oral or written publication, in any manner, of
material that slanders or libels a person or or-
ganization or disparages a person’s or organi-
zation’s goods, products or services;
e. Oral or written publication, in any manner, of
material that violates a person’s right of
privacy;
f. The use of another’s advertising idea in your
“advertisement”; or
g. Infringing upon another’s copyright, trade
dress or slogan in your “advertisement”.
15. “Pollutants” mean any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled, re-
conditioned or reclaimed.
16. “Products-completed operations hazard”:
a. Includes all “bodily injury” and “property dam-
age” occurring away from premises you own
or rent and arising out of “your product” or
“your work” except:
(1) Products that are still in your physical pos-
session; or
(2) Work that has not yet been completed or
abandoned. However, “your work” will be
deemed completed at the earliest of the
following times:
(a) When all of the work called for in your
contract has been completed.
(b) When all of the work to be done at the
job site has been completed if your
contract calls for work at more than
one job site.
(c) When that part of the work done at a
job site has been put to its intended
use by any person or organization
other than another contractor or
subcontractor working on the same
project.
Work that may need service, maintenance,
correction, repair or replacement, but
which is otherwise complete, will be
treated as completed.
b. Does not include “bodily injury” or “property
damage” arising out of:
(1) The transportation of property, unless the
injury or damage arises out of a condition
in or on a vehicle not owned or operated
by you, and that condition was created by
the “loading or unloading” of that vehicle
by any insured;
(2) The existence of tools, uninstalled equip-
ment or abandoned or unused materials;
or
(3) Products or operations for which the
classification, listed in the Declarations or
in a policy Schedule, states that products-
completed operations are subject to the
General Aggregate Limit.
17. “Property damage” means:
a. Physical injury to tangible property, including
all resulting loss of use of that property. All
such loss of use shall be deemed to occur at
the time of the physical injury that caused it; or
b. Loss of use of tangible property that is not
physically injured. All such loss of use shall be
deemed to occur at the time of the “occur-
rence” that caused it.
For the purposes of this insurance, electronic data
is not tangible property.
However, self-propelled vehicles with the fol-
lowing types of permanently attached equip-
ment are not “mobile equipment” but will be
considered “autos”:
(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not construc-
tion or resurfacing; or
(c) Street cleaning;
(2) Cherry pickers and similar devices
mounted on automobile or truck chassis
and used to raise or lower workers; and
(3) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment.
However, “mobile equipment” does not include any
land vehicles that are subject to a compulsory or
financial responsibility law or other motor vehicle
insurance law where it is licensed or principally ga-
raged. Land vehicles subject to a compulsory or
financial responsibility law or other motor vehicle
insurance law are considered “autos”.
13. “Occurrence” means an accident, including contin-
uous or repeated exposure to substantially the
same general harmful conditions.
14. “Personal and advertising injury” means injury, in-
cluding consequential “bodily injury”, arising out of
one or more of the following offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
c. The wrongful eviction from, wrongful entry
into, or invasion of the right of private occu-
pancy of a room, dwelling or premises that a
person occupies, committed by or on behalf of
its owner, landlord or lessor;
d. Oral or written publication, in any manner, of
material that slanders or libels a person or or-
ganization or disparages a person’s or organi-
zation’s goods, products or services;
e. Oral or written publication, in any manner, of
material that violates a person’s right of
privacy;
f. The use of another’s advertising idea in your
“advertisement”; or
g. Infringing upon another’s copyright, trade
dress or slogan in your “advertisement”.
15. “Pollutants” mean any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled, re-
conditioned or reclaimed.
16. “Products-completed operations hazard”:
a. Includes all “bodily injury” and “property dam-
age” occurring away from premises you own
or rent and arising out of “your product” or
“your work” except:
(1) Products that are still in your physical pos-
session; or
(2) Work that has not yet been completed or
abandoned. However, “your work” will be
deemed completed at the earliest of the
following times:
(a) When all of the work called for in your
contract has been completed.
(b) When all of the work to be done at the
job site has been completed if your
contract calls for work at more than
one job site.
(c) When that part of the work done at a
job site has been put to its intended
use by any person or organization
other than another contractor or
subcontractor working on the same
project.
Work that may need service, maintenance,
correction, repair or replacement, but
which is otherwise complete, will be
treated as completed.
b. Does not include “bodily injury” or “property
damage” arising out of:
(1) The transportation of property, unless the
injury or damage arises out of a condition
in or on a vehicle not owned or operated
by you, and that condition was created by
the “loading or unloading” of that vehicle
by any insured;
(2) The existence of tools, uninstalled equip-
ment or abandoned or unused materials;
or
(3) Products or operations for which the
classification, listed in the Declarations or
in a policy Schedule, states that products-
completed operations are subject to the
General Aggregate Limit.
17. “Property damage” means:
a. Physical injury to tangible property, including
all resulting loss of use of that property. All
such loss of use shall be deemed to occur at
the time of the physical injury that caused it; or
b. Loss of use of tangible property that is not
physically injured. All such loss of use shall be
deemed to occur at the time of the “occur-
rence” that caused it.
For the purposes of this insurance, electronic data
is not tangible property.
Page 16 of 16 Copyright, Insurance Services Office, Inc., 2012 CG
Scottsdale General Liability Policy
Medicar insurance up to $1,000,000
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