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ST. PAUL LIABILITY POLICY DECLARATIONS - POLICY SCHEDULE - ENDORSEMENT 0/ I CITY 6F CLEARWATER Interdepartment Correspondence Sheet TO: FROM: Tom Bustin, City Attorney Elizabeth S. Haeseker, Assistant City Manager ~ Lucille Williams, City Clerk COPIES: SUBJECT: Insurance - Car1oue1 Garden & Improvement Association, Inc. DATE: April 22, 1981 Attached is a copy of the insurance policy submitted to the City by the Carloue1 Garden and Improvement Association, Inc. pursuant to our agreement with them. Will you please review the policy and if it meets the City's needs, forward it to Lucille Williams for filing. ~LUCille - Let me know when you get this. 6/c t/l) 16 ~L/ () 1.A-fJ 1-/ RECEIVED, I.. " ;. J \33\ crr.Y AT:LORN_~ S()'jJL7'146 Former Policy No. , ST. PAUL fiRE and MARINE NSURANCE COMPANY ST""'I'UL, L1ABI.L1TY POL CY DECLARATI1NS ~ -!'. ITEM ONE. NAMED INSURED ANf) ADDRESS (No., Street, City, State and Zip Code) . POLICY PERIOD: From l. J' I N S U PI Ii D . I To 4-10-81 '1-10-82 _._._......_..._....._..1........_... ........ ..._____ 12:01 A.M. Standard Time at the address of the Named Insured c. u::; (- :::c IT) r'-.:: OJ W Carlouel Garden & Improvement Association, Inc. P.O. Box 3442 Clearwater, Florida 33515 AUDIT PERIOD: Annual unless stated . . A Condon-Meek G IE P.O. Box K N Clearwater, C Y . . . Inc. 090009-3 FORM OF NAMED INSURED'S BUSINESS: OCorporation; 0 Partnership; 0 Individual OR: ~i{. Florida 33518 NAMED INSURED'S BUSINESS: . THIS IS A TRUE AND CERTIFIED COPY (: ITEM TWO. COVERAGE - LIMITS - PREMIUM T is olicy provides coverage only where a charge is shown in the premium colump -. :'1 ,. AUTOMOBI LE: 0 Business Auto 0 Garage 0 Truckers Cov.rwllutosllre thoserepreltlnttld LIMIT - The most we will pay for anyone COVERAGE by the entry ofontf or more symbols from ITEM THREE. accident or l'lss. i:STliVi . l'nUvii'lii {doll"...; 'ili"', Liability Insurance Basic No.Fault Type Coverage Medical Payments Insurance Uninsured Motorists Insurance PHYSICAL DAMAGE INSURANCE: $ $ $ each insured $ --'------ ._,------ $ 1.$------- $ See state endorsement Specified Perils Coverage _ _ _ _ _ _ _ _ _ . _ Comprehensive _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . Collision _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . Garagekeeper's Insurance Trailer Interchange GENERAL LIABILITY: COVERAGIE FORMS See Supplementary Declarations See Supplementary Declarations See Supplementary Declarations See Supplementary Declarations See Supplementary Declarations $ $ --..-.-.. $ $ $ LIMITS Of LIABILITY E~ch Occurrence Aggregate Bodily injury $ $ Property Damage $ $ Bodily Injury $ See Endt ~~;:;;>>:; ..------.- Owners' Landlords and Tenants' . '''~~.:i.P:-:~ Prop~~y Damage $ # 1 ,~~6'Si~. $ . .~.QQ. ..9.~__ . Manufacturers' and Contractors' Liability Bodily Injury $ $ . I Proporty Damage $ $ ~; "~---~._--- -_.~.__._----- Property Damage coverage is not included unless a limit of liability is shown. If an "X" is inserted in the box ofJPositl1 onu of the I following OPtional exclusions, then such exclusion, as set forth in the Coverage Form, shall apply to the insurance afforded. , Exclusion: 01 - Explosion 02 - Collapse 03 - Underg,nund Property Damage ! Personal Injury Liability -Ea~hP.rwn $ --:;h ~~cld~~~-=-1~-~~=-=~~-= Premises Medical Payments Comprehensive General Liability $ $ $ ~ Endorsements made part of this Policy at time of issue: See Coverage Form ------.---------.--- See Covera e !"orm (Identify by form number or title) .~ . ____. '__~_R__ $ ~; ~~.:.~ TOTAL ADVANCE PREMIUM $ I) Secrll12ry. ~~ \\.\~Q... G",,,J,.,. 4-10-[;1 19s CountersltNlture o.w ';;ih*.HL~~..-;-- 26633 Ed. 3-78 Printed In U.S.A. INSURED Policy No. 509JHE5263 ST. P~UL LlA8IUTY POUCY sctIIpULE, Questions iI"W Type .re for OlT. Q"e5tiem in ,feIia cu-lfor M & c. - Complete QUitstion 4 for 011 cover~s. .Slillui propety &lJabdlly Insurance This Schedule applies to the following Coverage Forms indicated by an @. ~ 0 L & T including Construction Operations - Form %S1<J8C29639 DOL & T excluding Construction Operations - Farm 16109 o M & C including Independent Contractors - Form 16119 OM & C excluding Independent Contractors - Form 21216 1. Location 01 ClII prflmisfls ownH, rflntH or control"-lIy the N~ '"tur.: Locotion .f insu"cI ,rellli...: o Completed Operations and Products - Form 16121 o Comprehensive General Brood Form - Form 16111 o Comprehensive General Bureau Form - Form 16103 Carlouel. Subdivision Int.,.st 01 thfl Nomftd Insurftfl in such prltmiSfls: 3. 1'ort occupied by the Named Insu;~: Interest .f the NOllie" Insur.1II in tho insure" P"IIIi1..: 'ort i.....re4: Owner 4. The rating classifications hereunder do not modify the Exclusions or other terms of the Policy. PREMIUM I!lASIS RATES 19.1. I P.O. .) Per 100 S... Ft. b) F> er S 1 00 CODE DESCRIPTION OF HAZARDS ADVANCE PREMIUMS B.I. I P.O. .) area b) remuneration escalators c) number insured Premises - Operations c) Per Landini d) frontage d) 60 .075 .016 65150 Vacant Land-excluding real esta~e deve- lopment property. 53.00 HP GO.OO Single Limit Discount -5.00 .-------- .---- ---- .---- ----------------------------- ------- Cost Per $100. IndepMdent ContrM:tors - Construction Operations --------- -------- Receipts Per $1,000. ---- ------Pr~~as/Co~p1;t.;doP;;.;t;~~------- ------- --------- --------. ----1---------------------------- --------- -------- Cost '.r $100. Contractual ---------------------------~~i~l~m~7&.~,-------------- 16102 Rev. 7-7' Printed in U.S.A. INSURED "Mul property & liability Insurance ,I. ENDORSEMENT I The following spaces preceded by an asterisk (*) need not be completed if this endorsement ancl the policy have the same inception date. ATTACHED TO AND FORMING 'EFFECTIVE DATE . ISSUED TO PART OF POLICY NO. OF ENDORSEMENT In consideration of the premium charged, it is agreed that the City of Clearwater, is included as an additional Insured as respects the Decorative Columns, Barricades and Gate. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the above mentioned Policy, other than as above stated. Agency Name and Address . III Witness Whereoj; Ihe Company has caused this endorsement to be signed by a duly authorized rep- resentative of the Company. . Condon-Meek Inc. 090009-3 P.O. Box K Clearwater, Florida 33518 19s ~ ;j.H . AUTH liED REPRESENTATIVE . . 14600 REV. 8-64 PRINTED IU U.$.A. THE ST. PAUL c<o M PAN I ~ ~.. ENDCRSEMENT I I The following spaces preceded by an asterisk (*) need not be completed if this endorsement and the policy have same inception date, ATT~~~~DO~Op~tl~~~~~INGI ! ~fFf~gZ~;~~~~~ I .ISSlTEOTO 509JE6263 4/10/81 ~a=louel Garden & I~np=ovemcnt Assoc., Inc. It is asreed':hat policy includes liability covera;e J:or thE: Decorative Co1lli~ns, Barricades ana Ga~e. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of tht. above mentioned Policy, other than as above stated. Agehcy Name and Address Condon-r-'leek, Inc. P. O. D.::-awe::- K Clearwa::e:=, FL 33518 In Witness Whereof, the Company has caused this endorsement to be signed by its President and countersigned by a duly authorized rep- resentative of the Company. . . . 0ML~. ~,~~ f\ -....................... "'^~';;;;;;;.'J'1~~;~~i~;""'" ....... l070:l lJi::S Hev. '}.(,J "i.,.d i. U. S. A. .lDul f>rcper1y &l.llIbdlly InsU'lwice OWNERS' l~NDLOROS' and lENANTS' LlA,LlTV ,COVERAGE fORM COVER~GJ FOA' DESIGNATED PREMISES AND RELATED C?ERATIONS IN PROGRESS INCLUDING STRUCTURAL ALTERATIONS, NEW CONSTRUCTION AND DEMOLITION. For ilttachment to The St. PilUl Liability Policy I. COVERAGE A-BODILY INJURV LIABILITY COVERAGE B-PROPIPlTY DAMAGE LIABILITY The Company will pay on behalf of the IMUM all sums which the Insured shall become I..ally oblilated to pay as dllm.... because of Coverll\'le A. bodily injury or Cover. I!l. proJNrtY hrnaee to which this insurance applies, caused by an OCClur~ end arisi", out of the ownership. maintenance or use of the in__ ftremi_ and all operations necessary or incidenUlI thereto. and the Company shall haw the right and duty to defend any suit ...inst the InsuM seeki", ..--.. on account of such bodily injury or ftroJIWtY d~, even if any of the allegations of the suit are groundless. false or fraudulent, and Il1rf make such investigation and settlement of any claim or suit as it deeml expedient, but the Company shall not be obli,ated to pay any claim or judgment or to defend any suit after the applicable limit of the Company's liability has been exhausted by payment of judgments or senlements. Exclusions This insurence does not apply: la) to liability IsSUmed by the Insured under any contract or ..ement except an inciclenUlI centr..t; but with respect to lMMIity injury or property dem..e occurrin, while work performed by or on behelf of the Nametl Insured is in protlrtlSS, this exclusion does not apply to a warranty that such work will be done in a workmanlike manner; Ib) to bodily injury or prOlMrty am..e arising out of the owner$hip. maintenance. operation. use. loadi", or unloading of (1) any autom&bile or aircraft owned or operated by or rented or loaned to eny Insured, or (2) any other automobile or aircraft operated by any person in the course of his employment by any Insured; but this exclusion does not apply to the parking of an automobile on insured p~i_. if such automobile .s not owned by or rented or loaned to any InlUred; (c) to bodily injury or property damage arising out 01 (1) the ownership. maintenance, operation. use. loadong or unloading of any mobile equipment while being used in any prearranged or organized racing; speed or demOlition contest or in any stunting activity or in practice or preparation for any such contest or activity or (2) the operation or use of any snowmobile or trailer designed for use therewith; (dl to bodily injury or property damage arising out of and in the course of the transportation of mobile equipment by an automobile owned or operated by or rented or loaned to any Insured; (et to bodily injury or property damage arising out of the ownership. maintenance. operation. use. 10000ing or unloading of (1) any watercraft owned or operated by or rented or loaned to any Insured, or (2) any other watercraft operated by any person in the course of his employment by any Insured; but this exclusion does not apply to watercraft while ashore on the insured premises; (f) to bodily injury or property dam... arising out of the discharge. dispersal. release or escape of smoke. vapors, soot. fumes. acids, alkalis. toxic chemicals, liquids or gases, waste materials or other irritants. conUlminants or pollutants into or upon land, the atmas- 29639 Ed. ',10 Printed In U.S.A. phere or any water course or body of water; but this exclusion does not apply if such discharll8. dispersal, release or escape is sudden and accidental; II) to lIIotIily injury or property dam... due to war, whether or not declared. civil war. insurrection, rebellion or reVOlution or to any act or condition incident to eny of the foregoing, with respect to ; 1 I liability assumed by the InSUM under an incidenUlI contract, or 121 expenses for first aid under the Supplementary Payments provision; (hI to ~"i1y injury or Jlro...rty dam... for which the Insured or his indemnit.. Il1rf be held liable (1) as a ~son or orpnization entllged in the business of manufactur- i'll, distributint. selling or serving alcoholic beverages. or 121 if not 10 e~, as en owner or lessor of premises used for such purpo-, if such liability is imposed Ii) by, or because of the violation of. any statute. oroinalle" Ii' r...llation pertainin, to the sale. lift, distribution or use lit any alcoholic bever.... or ' (iil by realOn of the selling. serving or givin, of any alcoholic bever... to a minor or to a person under the influence lit alcohol or which causes or contributes to the intoxication "r any person; but pert (ii) of this exclusion does not apply with respect to liability of the Insured or his indemnitee as owner or lessor described in (2) above; (i) to i1ny obligation for which the Insured or any carrier as his insurer may be held liable under any workmen's compensation, unemploy- ment compensation or disability benefits law; or under any similar law; Ijl I') bodily injury to any employee of the Insured arising oul of and III the course of his employment by the Insured or to any obligation of Ihe Insured to indemnify another because of damages arising out of such onjury; but this exclusion does not apply 10 liability assumed lJy the Insured under an incidental contract; (k) to property damage to (1) property owned or occupied by or renwd to the Insured. (2) property used by the Insured. or (3) property in the care. custody or control of the Insured or as to which the Insured is for any purpose exercising physical control; but parts (2) and (3) of this exclusion do not apply with respect to liability under a written sidetrack agreement and part (3) of this exclusion does root apply with respect to property damage lother than to "evatOnJ arISIng out of the use of an elevator at the insured premises; (I) to property dama.. to premises allenaled by the Named Insured arising out of such premlSUS or anv part theftJ"I; Iml to loss of use of tangible property which has not been physically injured or de1troyed resulting from (11 a delay on or lack of performance lJy or on lJehalf of the Na~ Insured of any contract or agreement. or (2) the failure of the Named Insured's products or work performed by or on behalf of the Named Insured to meet the Ielll!f of performance, Quality, fitness or durability warranteli or repre. sented by the Named Insured; I but thi, exclusion does not IIPPly to Iou of uti of other tIIn,ible property r"ulting from the sudelen 8f1d eccldental physIcaJ injury to or destruction of the NIfn...lnauret!.......... or work performed by or on behalf of theNamecl Insu..... Ifter IUctl products or work have been put to use by any person or organization other thin In Insunllf; In) to property dim... to the Nlmld Insu....... products arising Out of such products or any pa" of such products; (0/ to property da:n. to work performed by or on behelf of the NIn\lHI Insured arising out of the work or any portion thereof. or out of materials, parts or equipment furnished in connection therewith; (p) to bodily injury or property dllm8lle included within the completed operations hazard or the products hazard; (ql . _ "odiiv injury or proper:', iam8lla arising out of the operations on or from premi!ies (other than the insured premisesl owned by. rented to or controlled by the Named Insured, or to liability auumed by the I nsured under any contract or agreement relating to such premises; II. PERSONS INSURED f',.rh of the following is an Insured under this insurance to the extent ~t~ t hJI tf, helow: (ill if the Named Insured is designated in the Declarations as an individual, the person SO designated but only with respect to the conduct of a husiness of which he is the sole proprietor Ind the spouse of the "'amed Insured with respect to the conduct of such a business; (b' if the Named Insured is designated in the Declarations _ I partnership or jOint venture, the partnership or joint venture so dftign.red Ind any partner or member thereof but only with respect to his liability as such; lei if the NHmed Insured is designated in the Declarltions IS other than an individual, partnership or joint venture, the organization so desifnlted and any executive officer, director or stockholder thereof while Ktin, within the scope of his duties, as such; ld) any person (other than an employee of the Namld Insurell) or organization while acting as real estate manager for the NItnH Insured; and "~,) with respect to the operation. for the ~"rpose of locomotion upon a public highway, of mobile equipment registered under any motor \\'hicle registration law, (,I an employee of the Nlmed Insured while operating any such equipment in the course of his employment, and ':' I any other person while operating with the permission of the I\L'I1\1'cl I'1<lInm any such equipment registered in the name of the '\I''''l~d Insured and any person or organization 'egally responsible for such operation, but only if there is no other valid and collectIble insurance available, either on a primary or excess basis, 1(> .uch person or organization; I provided that no penon or orpniution shill be an Insured under this par....aph (.) with respect to: (1) Itodlly Injury to Iny f.llow employee of such person injured in the course of his employment, or (2) property d-. to property owntd by, rented to. in ch.rge of or occupied by the Nlm" Insured or the employer of any person described in subparagraph Ii i) . This insurance dOft not apply to bodily injury or property dlmlga arising out of the conduct of any partnership or joint venture of which the Insured is I partner or member and which is not designated in this Policy IS a Named Insured. "" LIMITS OF LIABILITY Regardless of the number of (1) Insureds under this Policy, (2) persons or organizations who sustain bodily injury or property dlmage, or (3) claims made or suits brought on account of bodily injury or property damqe, the Compa'IY's liability is limited as follows: Coverage A-The total liability of the Company for all damages, including dam.s for care Ind loss of services, because of bodily injury sustained by one or more persons as the result of anyone occurrence shall not exceed the limit of bodilV injury liability stated in the Declarations as applicable to "each occurrence". Coverage B- The total liability of the Company for all damages because of III property dam... sustained by one or more persons or organizations as the result of anyone occurrence shall not exceed the limit of property dam... Iilbility stated in the Declarations as applicable to "each occurrence". Cover.... A and B-For the purpose of determining the limit of the Company's liability, III bodily injury and property damage arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one occurrence. IV. ADDITIONAL DEFINITIO~ When used in reference to this insurance (including endorsements forming a part of the Policy): "insured premises" means (11 the pramisas designated in the Schtclule, (2) premise, alienated by the Named Insured (other than premises constructed for sale by the Named Insured). if possession has been relinquished to others, and (3) premises as to which the Named Insurecl acquires ownership or control Ind reports his intention to insure such premises under this Policy and no other within 30 days after such acquisition; and includes the ways immediately adjoining such premises on land. "loading or unloading", with respect to an automobile, means the han- dling of property after it is moved from the place ~h~re, it,is Iccepted for movement into or onto an automobile or while It IS 10 or on an automobile or while it is being moved from an automobile to the place where it is finally delivered, but "'oading or unloacling" does not in-iclude the movement of property by means of a mechanicII device (other than a hand truck) not attached to the automobila. V. POLICY TERRITORY This insurance appl!es o"ly to bodily injury or property damage which occurs within the policy totrritory. , IDul f'ropeny I!. Uabtllly Insurance I I SINGLE LIMIT OF LIABILITY - LIABILITY OTHER THAN AUTO ENDORSEMENT #1 This endorsement modifies such insurance as is afforded by the provisions of the Policy relating to COMPREHENSIVE GENERAL LIABILITY INSURANCE. The following s;>>ces pree<<led by an asterisk(*) Med not be completed if this endorsement and the Policy have same inception date. ATTACHED TO AND FORMING PART OF POLICY NO. ~~FlJ86~~~~~~~ *ISSUED TO 509JH6263 IN WITNESS WHEREOF, the Company has caused this endorsement to be signed bV a dulV authorized reprtl5entative of the Company. Authorized Representati f;o In consideration of the premium charged it is agreed that the limit of liability stated below is the total limit of the Company's liability under Coverage A and Covera.e 8, combined, for all damages, including damages for care, loss of services and loss of use as the result of anyone occurrence. Such limit shall also apply as a combined qgregate limit for all coverage under the Policy which is subject to .lggr~galc iir.,i accordance with the terms of the Policy conditions. Limit of Liabllity $ 500,000 Each Occurrence Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limita- tions of the above mentioned Policy, other than as above stated. 15515 Ed. 12-66 Printed In U.S.A. INSURED I ST. PAUL LIABILITY POLICY I This Policy is not complete unless a Declarations Page and Coverage Form is included. In consideration of the payment of the Premium. in reliance Jpon the statements made to the Company by application and subject to the terms set forth herein. the Company designated on the Declarations page (A Capital Stock Company). herein called the Company. AGREES with the Insured: SUPPLEMENTARY PAYMENTS The Company will pay, in addition to the applicable limit of liability: (a) all expenses incurred by the Company, all costs tax~ .,.inst the Insured in any suit defended by the Company and all interest on the entire amount of any judgment therein which accrues after entry of the judgment and before the Company has paid Of tendered or de- posited in court that part of the judgment which does not exceed the limit of the Company's liability thereon; (bl premiums on appeal bonds required in any such suit, premiums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of liability of this Policy, and the cost of bail bonds required of the Insured because of accident or traffic law violation arising out of the use of any vehicle to which this Policy applies, not to exceed $250 per bail bond, but the Company shall have no obligation to apply for or furnish eny such bonds; Icl expenses incurred by the Insured for first aid to others at the time of an accident, for bodily injury to which this Policy applies; (dl reasonable expenses incurred by the Insured al the Company's requesl in usistin, the Company in the investigation or defense of any claim or suit, includinl actual loss of earnings not to exceed $25 per day. NUCLEAR ENERGY LIABILITY EXCLUSION I. The Policy does not apply; A. Under any Liability Coverage, to bodily injury or property damage (1) with respect to which an Insured under the Policy is also an Insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Ener!ly Liability Underwriters or Nuclear Insurance Association of Canada, or would be an Insured under any such Policy but for its terminalion under exhaustion of its limit of liability; or (2) resulting from the hazardous properties of nuclear material and with respect to which Ie) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof. or (b) the Insured is, or, had this Policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of Ameril.:lI. or any agency theraof, with any person or organization. B. Under any Medice' Peyments Coverage, or under any Supple. mentary Payments provision relating to first aid, to expenses incurred with raspect to bodily injury resultill1iJ from the hazardous pro~rties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any Liability Coverage, to bodily injury or property damage resulting from the hazardous pt'operties of nuclear material, if 111 the nuclear material la) is at any nuclear facility owned by, or operated by or on behalf. of an Insurwd or Ibl has been discharged or dispersed therefrom; (2) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used. processed. stored. transported or disposed of by or on behalf of an Insured; or (3) the bodily injury or property dam... arises out of the furnishing by an Insured of services, materials, parts or equipment in connectIon with the planning, construction, maintenance, operation or use of any nucleer facility. but if such facility is located within the United Statl's of America, its territories or possessions or Canada, this exclUSion 131 26632 Rev. 1-81 Prlntecl in U.S.A. applies only to property dam... to such nuclear facility Jnd any property thereat. II. As used in this exclusion: "hazardous pro~rties" include radioactive, tOl;ic or explos;'.;> properties; "nuclear mater;.I" means source material, special nuclear matorial 01' byproduct material; "source material." "special nuclear material," and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid, which hes been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (1) containing byproduct matllrial and 121 resultillfl from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (al or (bl thereof; "nuclear facility" means lal any nuclear reactor. (bl any equipment or device designed or used for (1) soparatl n9 the isotopes of uranium or plutonium, (21 processing or utilizing spent fuel. or 131 handling, processing or packaging waste, lcl any equipment or device used for the processing, fabricatin9 or alloyi", of special nuclear material if at any time the total amount of such material in the custOdy of the Insured at the premises where such equipment or device IS located consists of or contains mon; than 25 grams of plutonium or uranium 233 Of any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises, or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premiSltS used for such operations; "nucle. reactor" means any apparatus designed or used to sustain nuclear fission 10 a self.supportlOg chain reaction or to contain a critical mass of fissionable material; "property damllle" includes all forms of radioactive contamination of property . I I -" DEFINITIONS When used in this Policy (including Coverage Forms or Endorsements forming a part hereof): "automobile" means a land motor vehicle, trailer or semi-trailer designed for travel on public roads (including any machinery or apparatus attached thereto), but does not include mobile equipment; "bodily injury" means bodily injury, sickness or disease sustained by any person which occurs during the policy period, including death at any time resulting therefrom; "collapse hazard" includes "structural property damage" as defined herein and property damage to any other property at any time resulting therefrom. "Structural property damage" mt.'tns the collapse of or structural injury to any building or structurl' due to (11 grading of land, excavating, borrowing, filling, back.filling, tunnelling, pile driving. cofferdam work or caisson work or (2) moving, shoring. underpinning, raising or demolotion of any building or structure or removal or rebuilding of any structural support thereof. The collapse hazard does not indude property damage (1) arising out of operations performed for the Named Insured by independent contractors, or (2) included WIthin the completed operations hazard or the underground property damage hazard, or (3) for which liability is assumed by the Insured under an incidental contract; "completed operations hazard" includes bodily injury and property damage arising out of operations or reliance upon a representation or warranty made at any time with respect thereto, but only if the bodily injury or property damawe occurs after such operations have been completed or abandoned and occurs away from premises owned by or rented to the Named Insured. "Operations" include materials, parts or equipment furnished in connection therewith. Operations shall be deemed completed at the earliest of the following times: (1) when all operations to be performed by or on behalf of the Named Insured under the contract have been completed, (2) when all operations to be performed by or on behalf of the Named Insured at the site of the operations have been completed, or (3) when the portion of the work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operation for a principal as a part of the same project. Operations which may require further service or maintanance work, or correction, repair or replacement because of any defect or deficiencv, but which are otherwise complete, shall be deemed completed. The completed operations hazard does not include bodily injury or property damage arising out of (a) operations in connection with the transportation of property, unless the bodily injury or property damllfle arises out of a condition in or on a vehicle created by the loading or unloading thereof; (b) the existence of tools, uninstalled equipment or abandoned or unused materials, or (c) operations for which the classification stated in the Policy or in the Company's manual specifies "including completed operations"; "elevator" means any hoisting or lowering device to connect floors or landings, whether or not in service, and all appliances thereof including any cer, platform, shaft, hOistway, stairway, runway, power equipment and machinery; but does not include an automobile serviC'lng hoist. or a hoist without a platform outside a building if without mechanical power or if not attached to building walls, or a hod or material hoist used in alteration, construction or demolotion operations, or an inclined conveyor used exclusively for carrying property or a dumbwaiter used exclusively for cerrying property and having a compartment height not exceeding four feet; "explosion hazard" includes property damage arising out of blasting or explosion. The explosion hazard does not include property damage (11 arising out of the explosion of air or steam vessels, piping under pressure, prime movers, machInery or power transmitting equipment, or (2) arising out of operations performed for the Named Insured by independent contractors, or (3) included within the completed opet"ations hazard or the underground property da~e hazard. or (4) for which liability is assumed by the Insured under an incidental contract; . "incidental contract" means any written (1) lease of premises, (2) easement agreement, except in connection with construction, or demolition operations on or adjacent to a railroad, (3) undertaking to indemnify a municipality required by municipl"l ordinance, except in connection with work for the municipality, (4) sidetrack agreement. or (51 elevator maintenance agreement; "Insured" means any person or organization 4ualifyin\1 as an Insured in the "Persons Insured" provision of the applicable ii1surancc coverage, The insurance afforded applies separately to each Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability; "loading or unloading", with respect to an automobile, means the handling of property after it is moved from the place where it is accepted for movement into or onto an automobile or while it is in or on an automobile or while it is being moved from an automobile 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) not attached to the automobile. "mobile equipment" means a land vehicle (including any machinery or apparatus attached thereto), whether or not self-propelled, (1) not subject to motor vehicle registration, or (2) maintained for use exclusively on premises owned by or rented to the Named Insured. including the ways immediately adjoining, or (31 designed for use principally off pubhc roads. or (4) designed or maintained for the sole purpose of nHording mobility to equipment of the following types formIng an integral part of ,If permanently attached to such vehicle: power cranes, shovels, loaders, diggers and drills; concrete mixers (other than the mix-in-transit tv pe); graders, scrapers, rollers and other road construction or repair equlprn"", ; air.compressors, pumps and generators. including sprilvin'J..~,'I, i building cleaning equipment; and geophYSical e,,-pi0'.Jtll.'" d"'. servicing equipment; "Named Insur..... means the person or organization named i,' I"" Declarations of this Policy; "Named Insured's products" means goods or products malllJtaclill,'d, sold, handled or distributed by the Named Insured or hy uthl'" tI."ii'''1 under his name, including any container thereof (other than a vehICle!.;)I;[ "Named Insured's products" shall not include a vending machine or '"IV property other than such container, rented to or located for use of oth", S but not sold; "occurrence" means an acetdent, including continuous or n!pt~.:ItPd exposure to conditions, which results in bodily injury or property dilmilU6 neither expected nor intended from the standpoint of the Insured; "policy territory" means: (11 the United States of America, Its "'rritoll'" or pOS""S10IlS. 01 C'"likl". or (2) international waters or air space. provided the bodily injury or property damaee does not occur III tht! course of travel or transportation to or from any other country, state or nation. or (31 anywhere in the world with respect to damages because of bodily injury or property damage arising out of a product which was sold for use or consumption WIthin the territory described in paragraph (1) above, provided the original suit for such dam.,ges IS brought wlth"l such territory; "products hazard" includes bodily injury and property damage aminu out of the Nameel Insured's products or reliance upon a representation or warranty made at any time with respect thereto, but only if the bodily injury or property damB18 occurs away from the premises owned by or rented to the Named Insured and after physical possession of such products has been relinquished to others; "property damage" means (1) physical injury to or destruction of tangible property which occurs ouring the pOlicy period, IIlcllldi,.,'! t':~ loss of use thereof at any time resulting thcrcrrom. or (2) loss of u,., of '''''9'ble property which has not been physically injured or destroy(~d provided such loss of use is ceused by an occurrence dUllng th.! policy ~rood; "underground property damage hazard" inCludes underground property damage as defoned hereon and property damage to any other property at any time resultong therefrom. "Underground property damage" means property damllfle to wires, conduits. pIpeS, mains, sewers, t.:r,o.s, tunnels, any similar property, and any apparatus in connectIon there\l\" ,I. beneath the surface of the ground or water, cauSt.'d by and occurrong du,,"'Y the use of mechanicel equIpment lor the purpose of gradIng land, paving, excavating. drilling, borrowing, fillIng, back-filling or pile drIving. The underground property damage hazard does not includl1 property damage (1) arising out of the operations performL'\J lor the Named Insurlld bv independent contractors, or (2) included within the completed operations hazard, or (31 for which liability is assumed by the Insured under an incidental contract. - ---- . I . , " ~ 8. Changes Notice to any lItent or knowledtl possnsed by any ...nt or by any other person s".,1 not effect I Wli"., or I chlnge in any plrt of this Policy or estop the Compeny from asserti", eny right under the terms of this Policy; nor shill the ter,," of this Policy be waived or changed, except by endorsement issued to form a pert of this Policy. 9. Assignment Assignment of interest under this Polley ,hili not bind the Company until its consent is endorsed hereon; if. however. the Named Insured shall die, such insurance.s is afforded by this Policy shall apply (1) to the Named Insured's lepl representltill8, .. the Named Insured, but only while acting within the scope of his duties as such, and 121 with respect to the property of the Named Insured, to the person having proper temporary cU1tody thereof, as Insured but only until the appointment and qualificlltion of the legal representative. iiJ ~~;;;>: Year Policy i, this Policy is issued for a period of three years any limit of the Compeny's lilbility stated in this policy as "aggregate" shall apply separately to each consecutive annual period thereof. 11. CanCflllatlon Thi~ "nlicy mllY he cancellec1 by the Named Insured by sur, render thereof to the Company or any 01 its authorized agents or by mailing to the Company wrillen notice stating when thereafter the cancellation shall be effective. This Policy may be cancelled by the Company by : '-'-"" I mailing totha Nametllrsured at the address shown in this Policy, written notice Slating when not less than ten days thereafter such cancellation shall be effec- tive, The mailing of notice u aforesaid shall be sufficient proof of notice. The time of surrender or the effective date and hour of cancellation stated in the notice shl"l become the end 01 the policy period, Delivery of such written notice either by the Named Insured or by the Company shall be equivalent to mailing. If the Named IMUred ancels, earned premium shall be computed in accordance with the customary short rate table and procedure. If the Company ancels, earned premium shall be computed pro rata, Premium adjustment mey be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effectill8, but payment or tender of unearned premium is not a condition of cancellation. 12. Daclarations By acceptance of this Policy. the Named Insured agrees that the statements in the Declarations are his 8F"ments and representations, that this Policy is issued in reliance upon the truth of such representations and that this Policy embodies all ...ments existing between himself and the Company or any of its agents, relating to this insurance, 13. Special Statutes Any and all provisions of this Policy which are in conflict with the statutes ot the State wherein this Policy is inued are understood. declared and acknOWledged by this Company to be amended to conform to such statutes. TEXAS EXCEPTION - 158L {\~; ",speels bodily injury liability coverage and property damage liability coverage, unless the Company is prejudiced by the Insured's failure to comply with the requirement, any provision of this Policy requiring the Insured to give notice of action. occurrence or loss, or requiring the In. sured to lorward demands, notices, summons or other legal process, shall not bar liability unde, this Policy. ST. PAUL MERCURY INSURANCE COMPANY ONL Y: "DIVIDEND PROVISION - PARTICIPATING COMPANIES ! The Named Insured shall be entitled to participate in a distribution of the surplus of the Company. as determined by its Board 01 Directors from time to time, after approval in accordance with the provisions of the Texas Insurance Code, of 1951 as amended," ST. PAUL FIRE AND MARINE INSURANCE COMPANY ONLY: PROVISIONS REQUIRED BY LAW TO BE STATED IN THIS POLICY:-"This Policy is issued under and in pursuance of the laws of the State or Minnesota. relating to Guaranty Surplus and Special Reserve Funds," Chapter 437. General Laws of 1909. This provision does not apply in Texas: