INSURANCE POLICY INFORMATION POLICY NUMBER 509JL9974
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RECEIVED
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CIT-XCL.ERl(
April 6, 1984
C.earwater Hls_fca' Soc'fl'y, . ne.
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919 Bay Esplanede
Clearwater Beach, Fl. 3""
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Introduction I
Your pol icy protects your business against a variety
of losses, It's written in plain, easy-to,understand
English. We encourage you to read it.
The words you, your and yours mean the insured
named here:
Clearwater Historical Society, Inc.
c/o David Perkins, Treas.
919 Bay Esplanade
Clearwater, Florida 33515
Which is a
o co-partnersh ip
129 corporation
o joint venture
We, us, our and ours mean the St. Paul Fire and
Marine Insurance Company. We're a capital stock
company located in St. Paul, Minnesota,
o individual
o other:
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A true and certified copy of
~.OT!-,_~~!~BL~ StJte of rror;-:~_ ~~~I~.
~)u-~ Notary
Your policy is composed of General Rules, an
. explanation of What To Do If You Have A Loss,
and one or more Agreements explaining your
coverage. It may also include one or more
endorsements. Endorsements are documents that
change your policy. The agreements and
endorsements you have are I isted below.
This policy will begin on 3-7-84
and continue until 3-7-85
Your former policy, number New
is automatically cancelled on the date this
policy begins.
In return for your premium, we'll provide the
protection stated in this policy.
Your premium is
$436.
Title
Agreements And Endorsements Included In This Policy
Form number and
edition date
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General Liability Coverage Summary
Comprehensive General Liability Protection
Insuring Agreement #36
General Liability Broadening Endorsement
Additional Insured Endorsement
Liabili ty Protection For Autos You Don I t OWn
Florida Auto Cancellation Change Endorsement
43059
43000
43236
44011
44028
(10-81)
(10-81)
( 7-83)
3-83)
1-83)
This policy is not effective unless it's signed
by an authorized representative of The St. Paul.
Auth":!j;;:/~".1S '
Signature date
3-7-84
40504 Rev, 7.82 Printed in U.S.A.
3-28-84 ek
<l:lSt. Paul Fire and Marine Insurance Comoanv Ig82
Name and address of authorized representative
Bruce Taylor, Inc.
P.O. Box 119
Clearwater, FL. 33517
#090011-5
Introduction.
Page 1 of 1.
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General
'Rules 1
These rules apply to the entire policy unless
you're notified otherwise.
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Your Policy Period
Insuring agreements in this policy begin at 12:01
a.m., standard time, on the effective date, If this
policy replaces policies ending at noon, rather than
12:01 a.m" you'll be covered starting at noon when
coverage under the old policy ends.
Insuring agreements added to this policy after its
effective date go into force on the date shown in
the added agreement.
Your coverage is scheduled to end at 12:01 a.m.,
standard time, on the expiration date. If all or
part of this policy is cancelled for any reason
before that date, that coverage will end at 12:01
a.m., standard time, on the cancellation date.
Estimated Premiums
We compute the premium you pay for this policy
using information available at the time. So, all or
part of your premium may be based on estimates.
If estimates are used, we'll compute your actual
premium when complete information is available
at the end of the pol icy period. If it's more than
you've already paid, you'll owe us the difference.
If it's less, we'll pay you back the difference, But
you won't pay less than any minimum annual
premium agreed on,
You must keep accurate records of the information
we'll need to compute your premium. Your agent
can explain the type of records we'll need. You
agree to send us copies of these records at the end
of each pol icy period - or any other time we
request them.
Our Right To Inspect And Audit
You agree to let us inspect your property and
business operations during normal business hours
while this policy is in force. We're not, however,
required to make inspections. Nor will we
guarantee that your property or operations are
safe, or that they conform to any laws, rules
or regulations,
This policy is signed by the President and Secretary
of the company named on the Introduction Page,
One of our authorized representatives must also
countersign the policy before it is valid,
40500 Ed. 1,80 Printed in U.S.A,
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(j;>St. Paul Fire and Marine Insurance Company. 1980.
You also agree to allow us to examine and audit
your financial books and records that relate to
this insurance at any time up to 3 years after
th is pol icy ends,
Policy Changes
This policy can only be changed by a written
form included as part of the policy, The
form must be signed by one of our
authorized representatives,
Nothing else, including notice to one of our
agents or knowledge of an agent or someone
else, will change this policy or waive any of its
terms or stop us from asserting any of our rights
under it.
We make changes in our standard insurance policy
forms from time to time, These changes must
conform to state law and are filed with insurance
supervisory authorities for approval. While your
coverage is in force we can make any change in
the form of th is pol icy that broadens or ex tends
your coverage. If we do, and the change can be
added to your policy without increasing your
premium, you'll automatically receive the benefit
of the extended or broadened coverage, The same
procedure applies to any changes we make in the
45 days before your policy goes into effect,
As~ignment And Transfers
Neither you nor anyone else covered under this
policy can assign or turn over your interest in
it without our written consent attached to
the policy.
If you die, however, your interest will be
transferred to your legal representative and he or
she will be covered until the end of the policy
period. Until a legal representative is appointed,
the person who has temporary custody of your
insured property will be covered,
Secretary
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President
General Rules.
Page 1 of 2.
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,General Liability
Coverage SLtnmary
This Summary shows the limits and other features
of your liability protection. You only have the
coverage or feature for which a limit or other
entry is shown.
Other liability agreements and endorsements may
be a part of your policy.
I
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Comprehensive General Liability
Protection
Limits of coverage. You may have either a
combined single limit or separate limits. See the
Limits Of Coverage section of your agreement
for an explanation.
~ Single limit applies.
$ 300,000.
Combined
single limit
o Separate limits apply.
For bodily injury claims:
$
$
Each accidental
event limit
Total limit
For property damage claims:
$
$
Each accidental
event limit
Total limit
Optional exclusions. The first two exclusions are
explained in the insuring agreement. Other
exclusions are explained in a
separate endorsement.
~ Products - completed work exclusion.
o Professional services exclusion.
o Explqsion hazard exclusion.
o Collapse hazard exclusion.
o Underground exclusion.
o
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.
If issued after the date your policy begins, these
spaces must be completed and our representative
must sign below.
Auth~
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43059 Ed. 10.81 Printed il\ U.S.A.
3-28-84 ek
~St. Paul Fire and Marine Insurance Company. 1981.
Property Damage Deductible
o If this box is checked, the deductible in your
agreement appl ies.
$
per claim
o If this box is checked, see separate liability
deductible endorsement.
Premium Adjustment Endorsement
o If this box is checked, the Premium
Adjustment Endorsement applies.
General Liability Broadening
Endorsement
o Does not apply.
rn Applies. See the attached endorsement.
~ Employment-related claims exclusion. If this
box is checked, the Employment-related claims
exclusion in the Personal Injury and Advertising
I njury Coverage section is deleted.
Pol icy issued to
Coverage takes effect
Policy Number
509JL9974
Coverage Summary.
Page 1 of 1
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What To Do 1
If You Have A Loss
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Loss Or Damage To Covered Property
If an accident or incident causes a property loss
that's covered under this policy you must:
1. Tell us or our agent what happened as soon as
possible. Include the time and place of the event
and names and addresses of any witnesses.
2. Notify the police if a law may have been broken.
3. Do everything possible to protect the property
from further damage.
4. Make any reasonable and necessary repairs and
keep a record of your expenses.
5. Separate the damaged personal property from
the undamaged and make an inventory of the
damaged items.
6. Show us the damaged property and any records
you have to prove your loss.
7. Allow us to question you under oath about your
claim. You agree to sign a copy of your answers.
You must also do your best to get your employees,
members of your household and others with a
financial interest in the property to do the same.
8. Send us or our agent a sworn "Proof of Loss
"Statement" detailing your loss and interest in the
property. Payments will be made within 30 days
after we reach agreement with you.
Someone Is Injured Or Something
Happens Which Can Result In A
liability Claim
If there's an accident or incident covered under
this policy you or any other protected person
involved must:
1. Tell us or our agent what happened as soon as
possible. Do this even though no claim has been
made but you or another protected person is aware
of having done something that may later result in a
claim. This notice should include:
. The time and place of the event;
· The protected persons involved;
. The specific nature of the incident including the
type of claim that may result; and
'The name and addresses of any injured people
and witnesses.
2. Notify the police if a law may have been broken.
3. Send us copies of all demands or legal documents
if someone makes a claim or starts a lawsuit.
4. Cooperate and assist us in securing and giving
evidence, attending hearings and trials, and
obtaining the attendance of witnesses.
5. Refrain from taking on any financial obligations
or paying out any money without our authorization.
Doing so may result in our not making
reimbursement of the payment even though the
cost is covered by the policy. But this rule doesn't
apply to money spent for emergency first aid to
others at the time of an accident.
40501 Rev. 7.82 Printed in U.S.A.'
Page 1 of 1.
IClSt. Paul Fire and Marine Insurance Company. 1982.
What To Do If You Have A Loss
Cqmprehensive General
Liability Prote1tion
We've designed this agreement to protect against
two kinds of liability claims:
1. Claims resulting from bodily injury to others.
2. Claims resulting from damage to other
people's property.
Of course there are some limitations which are
explained later in this agreement.
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Table Of Contents
What This Agreement Covers
Who Is Protected Under This Agreement
Financial Responsibility Laws
Where We Cover
Limits Of Coverage
Property Damage Deductible
Exclusions - Claims We Won't Cover
Optional Exclusions
Other I nsu ranee
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6
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What This Agreement Covers
This agreement covers the type of claim - Bodily
Injury or Property Damage - for which a limit is
shown in the Coverage Summary. We'll pay amounts
you and others protected under this agreement are
legally required to pay as damages for a covered
bodily injury or property damage claim resulting
from an accidental event.
Bodily injury means any physical harm to a person's
health including sickness or disease that happens
while this agreement is in effect. If a bodily injury
is covered, we'll cover damages for care, loss of
services or death resulting from the injury.
Property damage means any damage to tangible
property of others that happens while this
agreement is in effect. This includes loss of use of
the damaged property resulting from the damage.
Property damage also includes loss of use of others'
property that hasn't been physically damaged if
caused by an accidental event that happens while
this agreement is in effect.
Injury or damage. When we say "injury or damage"
we mean bodily injury or property damage.
Accidental event means any event that results in
bodily injury or property damage that the
protected person didn't expect or intend to happen.
Additional benefits. All the following benefits are
in addition to the limits of coverage.
Defending lawsuits. We'll defend any suit brought
against you or any other protected person for
covered claims, even if the suit is groundless or
fraudulent. We have the right to investigate,
negotiate and settle any suit or claim if we believe
that is proper. We'll pay all costs of defending the
suit, including interest on that part of any
judgment that doesn't exceed the limit of coverage
that applies. But we won't defend a suit or pay a
claim after the limit of coverage has been used up
in paying judgments or settlements.
Legal bonds. We'll pay premiums for appeal bonds,
or bonds to release property that's being used to
secure a legal obligation, that are required in a suit
we defend. However, we'll only pay for bonds
valued up to the limit of coverage that applies and
we have no obligation to apply for or furnish
these bonds.
Expenses related to defense. We'll also pay all
reasonable costs that you or any protected person
incur at our request while helping us investigate or
defend a claim or suit. This includes up to $50.00
per day for actual loss of earnings. For example, if
someone sues you, we may ask you to be a witness
in a trial. If you lose earnings as a result, we'll pay
up to $50.00 per day for earnings you actually lose.
First aid. We'll pay the cost of first aid given to an
injured person if the injury is covered under
this agreement.
Who Is Protected Under This Agreement
Besides you, certain other persons are protected
under this agreement. Some are protected because
of how your business is owned: by an individual,
partnership or joint venture, or other organization
such as a corporation. Others are protected
regardless of how it's owned: real estate managers
and mobile equipment operators.
Individual. If this policy is in your name as an
individual, you and your spouse are protected
against claims resulting from conducting your
business as a sole proprietor.
43000 Ed. 10-81 Printed in U.S.A.
Insuring Agreement 36.
Page 1 of 7.
Liability Coverage.
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~St. Paul FIre and MarIne Insurance Company. 1981.
.IBuI
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Partnership. If this policy is in the name of a
partnership or joint venture, that organization is
protected. Individual partners or co-venturers are
also protected for their liability as members of
the named organization.
Corporation. If this policy is in the name of a
corporation, or some other type of organization,
its executive officers, directors and stockholders
are protected while they're acting within the scope
of their duties for the named organization.
Real estate manager. Any organization or person,
other than one of your employees, is protected
while acting as a real estate manager for you.
Mobile equipment operators. Your business may
use mobile equipment registered under a motor
vehicle registration law on public roads.
If so, your employees are protected while operating
such mobile equipment within the scope of their
duties for you.
Other persons are protected only while they
operate mobile equipment registered to you with
your permission. Any person or organization
legally responsible for these operators is protected
too. But this protection won't apply if other valid
and collectible insurance is available to cover
their liability.
There are other limits on this protection for
mobile equipment operators. They are not
protected for:
· injuries to fellow employees while on the job; or
· damage to property owned, rented or controlled
by you or the employer of anyone you let use
your equipment.
We explain what we mean by mobile equipment
on page 5.
financial Responsibility Laws
If this agreement is certified by us as proof of
financial responsibility for the future under any
motor vehicle financial responsibility law, it will
comply with the law to the extent of the required
protection. If we make any payment that isn't
requ i red by any other part of th is agreement but
is required by a financial responsibility law, you
agree to reimburse us for that payment.
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Where We Cover
We cover accidental events that take place in the
United States of America, its territories or
possessions, Puerto Rico or Canada. And events
that happen in international waters or air space
that don't involve travel to or from any
other country.
We also cover accidental events that take place
anywhere in the world that are caused by one of
your products sold for use in the United States of
America or Canada. But we only cover such events
if the original suit for damages is brought within
either of these two countries.
Limits of Coverage
The coverage under this agreement may be subject
to a Combined Single Limit or to Separate Limits,
depending on which is shown in the Coverage
Summary. If the Combined Single Limit is shown, it
is the most we'll pay for the combined total of all
bodily injury and property damage claims that
result from anyone accidental event.
This same amount is also the combined total limit.
This means it's the most we'll pay for the combined
total of all bodily injury and property damage
claims that are subject to the total limit. How the
total limit works is explained below.
If Separate Limits are shown, two types of limits-
an accidental event limit and a total limit - apply
to the amount we'll pay. One pair of these limits
apply to bodily injury claims and another pair
apply to property damage claims.
Each accidental event limit. This is the most we'll
pay for all claims that result from anyone
accidental event. This limit applies no matter how
many persons protected under this agreement are
involved or'how many claims are made.
We'll consider all injury and damage caused by
continuous or repeated exposure to basically the
same conditions to be the result of one
accidental event.
Total limit. The total limit is the most we'll pay
for all claims resulting from all accidental events
that take place in a policy year. By policy year,
we mean each consecutive annual period of the
policy. If Separate Limits apply and a total limit is
left blank, that total limit is the same as the limit
for each accidental event or $50,000, whichever
IS more.
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Page 2 of 7.
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<l:lSt. Paul Fire and Marine Insurance Company, 1981.
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, The bodily injury total limit applies only to
claims described in the "Products - completed
work" section below. Of course, if the optional
"Products - completed work" exclusion applies,
there is no coverage for claims described in the
"Products - completed work" section.
The property damage total limit applies only to
claims described in the following 3 sections:
"Manufacturer - Contractor," "Independent
contractor" and "Products - completed work."
The property damage total limit applies separately
to each of these sections.
1. Manufacturer - Contractor. The total limit
applies to property damage claims resulting from
your activities as a manufacturer or contractor. This
includes claims related to the material you provide
or contractors' equ ipment you rent to others. The
total limit also applies to property damage for
which you've assumed liability under any contract
in connection with such activities. We'll apply the
total limit separately to each project away from
the prem ises you own or rent from others.
2. Independent contractor. The total limit applies
to claims for property damage resulting from work
done for you by independent contractors. This
includes damage that results from your direct
supervision of the work. The total limit also applies
to property damage for which you've assumed
liability under any contract in connection with such
work. But the total limit doesn't apply to a contract
for maintenance, repair or remodeling of a building
you own or rent. We'll apply the total limit
separately to each project away from premises you
own or rent from others.
3. Products - completed work. The total limits
apply to bodily injury and property damage that
happens away from your premises and is caused by
your products, your completed work, or people
relying on statements or warranties you've made
about your products or completed work.
Your products mean any product or its container
which you or others using your name have
manufactured, sold, handled or distributed, if the
injury or damage occurs after you've given physical
possession of the product or container to others.
We won't consider a vehicle to be a container. We
won't consider items rented to others to be your
products. Nor will we consider your products to
include an item you haven't sold but which you
allow others to use - like a vending machine.
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Completed work means work you've completed,
had completed for you or abllndoned. Completed
work includes the condition of a vehicle or cargo
when that cond i t ion is created by the load i ng or
unloading of the vehicle.
When we consider work to be completed. We'll
consider work to be completed at the earl iest of
the following, even though further service,
maintenance, correction, repair or replllcement is
required because of a defect:
.When all work contracted to be done by you or on
your behalf has been finished.
.When all work to be done by you or on your behalf
at the site of the work which causes the injury or
damage has been finished.
.When the part of the work which causes the injury
or damage has been put to its intended use by
someone other than another contractor who is
working for a principal on the same project.
However, we won't consider uninstalled or
abandoned materials or tools to be completed work.
Nor will we consider any work done in connection
with transporting property - other than a condition
created by the loading or unloading of a vehicle -
to be completed work.
Property Damage Deductible
If a deductible is shown in the Coverage Summary,
you or another protected person wi II be responsible
up to that amount for each property damage claim.
We'll pay covered claims over the deductible amount
up to the limit of property damage coverage that
applies. We can pay the deductible to settle a claim.
If we do, you agree to repay us as soon as we notify
you of the settlement.
You're responsible for $5,000 damage to Mr.
Green's property. Your deductible is $100. We pay
Mr. Green the $5,000 and notify you. You must
then pay us $100 for your deductible.
Exclusions-Claims We Won't Cover
Employment contracts. We won't cover liabilities
assumed under any contract or agreement between
you and your employees or their representative to
pay for bodily injuries your employees receive on
the job.
Architect, engineer or surveyor. We won't cover
liability assumed under any contract or agreement
with architects, engineers or surveyors if the injury
or damage results from their performance of or
failure to perform any professional service.
43000 Ed. 10.81 Printed in U.S.A.
,
Insuring Agreement 36.
Page 3 of 7.
Liability Coverage.
<l:lSt. Paul Fire and Marine Insurance Company. 1981.
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There is one exception. This exclusiut won't
apply when the giving of or the failure to give
directions or instructions by such architects,
engineers or surveyors, their employees or agents
is not the primary cause of the injury or damage.
Professional service includes the preparation or
approval of maps, plans, opinions, reports, surveys,
designs or specifications; and supervisory, inspection
or engineering services.
Public authorities. If you've contracted to do a
project for a public authority, we won't cover any
liability claim brought against you by someone not
a party to the contract if the claim is based on a
provision of that contract. But we will protect you
if you're sued by the public authority or by
someone else engaged in the project.
Employer's liability. We won't cover bodily injuries
received on the job by anyone employed by a
protected person. There is one exception. We'll
cover liability for such injuries assumed under any
contract or agreement that's not excluded in the
"Employment contracts," "Architect, engineers or
surveyor" or "Public authorities" exclusions above.
Workers' compensation. We won't cover obligations
that protected persons or their insurance companies
have under workers' compensation, unemployment
compensation, disability benefits or similar laws.
This exclusion applies whether or not the claim is
based on liability assumed under any contract
or agreement.
Product recall. We won't cover losses based on the
recall or withdrawal of your products from the
market for any reason. Nor will we cover losses
resulting from the recall or withdrawal of any
work you've completed or had completed for you
or of any item of which your products or work
forms a part.
This exclusion applies whether or not the claim is
based on liability assumed under any contract
or agreement.
Damage to your products or work. We won't cover
damage to your products caused by the product
itself or by any of its parts. Nor will we cover
damage to your work or work done for you that's
caused by the work itself or by materials or
equipment connected with it. For example, we
won't cover damage to an air conditioner that
results because you improperly installed it.
.,
This exclusion applies 'vhether or not the claim is
based on liability assumed under any contract
or agreement.
"
Business risk. We won't cover loss of use of tangible
property that hasn't been physically damaged when
the loss of use is caused by your failure to live up to
a contract or by the failure of your products or work
to live up to your promises. But we will cover loss
of use of tangible property of others that's caused
by sudden or accidental damage or destruction of
your products or work after they've been used by
another person. For example:
You supply a customer with a motor that is part of
a conveyor belt. You give a one-year warranty
against breakdown of the motor. It breaks down
after six months. Although the conveyor isn't
damaged, your customer has losses due to loss of
use of the belt. We won't cover this loss. However,
if the motor had suddenly caught fire, we would
cover your liability for the loss of use of the belt.
This exclusion applies whether or not the claim is
based on liability assumed under any contract
or agreement.
Pollution. We won't cover injury or damage caused
by the discharge, dispersal, release or escape of
pollutants such as:
.smoke, vapor, soot or fumes;
.acids, alkalis, toxic chemicals, liquids or gases; or
· waste material or other irritants or contam inants.
But this exclusion won't apply to sudden accidents
involving pollutants.
This exclusion applies whether or not the claim is
based on liability assumed under any contract
or agreement.
liquor liability. We won't cover anyone in the
liquor business - including companies or
corporations - against liabilities for violation of any
law or regulation concerning alcoholic beverages.
This includes those in the business of manufacturing,
distributing, selling or serving alcoholic beverages.
Nor will we cover them against liability claims for
selling, serving or giving away alcoholic beverages.
For example, claims for selling to a minor or
drunk patron.
Moreover, we won't cover claims for violation of
any alcoholic beverage law brought against any
protected persons who allow premises they own
or rent to be used by people in the liquor business.
This exclusion applies whether or not the claim is
based on liability assumed under any contract
or agreement.
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Page 4 of 7.
cSt. Paul Fire and Marine Insurance Company. 1981.
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Control of property. We won't cover damage to
property you or any other protected persons own,
rent, occupy, use or physically control. Nor will we
be responsible for any damage to premises you've
sold or transferred to someone else. However, we'll
cover damage to property of others that you use or
control if you've assumed liability for it under a
written sidetrack agreement. We'll also cover damage
caused by an elevator on your premises to property
of others that you control. But we won't cover
damage to the elevator itself.
This exclusion applies whether or not the claim is
based on liability assumed under any contract
or agreement.
Mobile equipment. We won't cover injury or
damage caused by mobile equipment while it's
being used in any:
- organized or prearranged race;
- speed contest, demolition contest or stunt; or
- in practice for such events.
This exclusion applies whether or not the claim is
based on liability assumed under any contract
or agreement.
Mobile equipment means the following types of
land vehicles:
- Those that don't have to be licensed.
- Those designed for use mainly off public roads.
- Those kept for use only on your premises or that
part of a road or other access adjacent to
your premises.
-Those used only to provide mobility for
permanently attached specialized equipment. For
example, these include well drilling rigs, power
cranes, concrete mixers that remain on a job site
and similar equipment.
- Specia I ized equ i pment like bu Ildozers, rollers,
graders, farm machinery and similar equipment.
Transporting mobile equipment. We won't cover
injury or damage caused by mobile equipment
while it's being transported by any auto that's
owned, operated, rented or borrowed by you or
any other protected person.
But this exclusion does not apply to liability
assumed under any contract or agreement.
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tlStalul
Snowmobiles. We won't cover injury or damage
due to the use of snowmobiles or snowmobile
trailers you or any other protected person own,
operate, rent or borrow. Nor will we cover any
snowmobile operated by any of your employees.
But this exclusion does not apply to liability
assumed under any contract or agreement.
Aircraft. We won't cover injury or damage due to
the ownership, maintenance, use, loading or
unloading of:
- any aircraft owned, operated, rented or borrowed
by any protected person; or
-any other aircraft operated by anyone in the
course of his or her employment by any
protected person.
But this exclusion does not apply to liability
assumed under any contract or agreement.
Autos. We won't cover injury or damage due to the
ownership, maintenance, use, loading or
unloading of:
-any auto owned, operated, rented or borrowed by
any protected person; or
- any other auto operated by anyone in the course of
his or her employment by any protected person.
But this exclusion does not apply to:
-the parking of autos on your premises or adjacent
access ways - provided the auto isn't owned, rented
or borrowed by any protected person; or
-to liability assumed under any contract or agreement.
Autos are cars, trucks, trailers and other land
vehicles designed for travel on public roads - but
not mobile equipment.
*What do we mean by loading or unloading? Loading
or unloading an auto means the handling of property
after it's moved from the place where it's accepted
for transportation by auto - until it's unloaded and
set in the place where it's finally delivered. Here's
an example:
*You send a shipment from Dallas to Mr. Sm'ith in
Detroit. We won't cover claims involving handling
of the property from the time the trucker first
moves it for shipment, while it's on the truck, and
until it's placed at the spot requested by Mr. Smith.
Insuring Agreement 36.
Page- 5 of 7.
Liability Coverage.
~
.lOul
*But loading or unloading an auto doesn't include
moving property by a mechanical device not
attached to the auto. For example, a forklift or a
conveyor. We won't consider a hand truck to be a
mechanical device.
*These paragraphs don't apply in New York.
Nuclear energy liability. We won't cover liability
for which you or other protected persons are
covered under a nuclear energy liability policy
issued by a group such as one of the following:
- The American Nuclear Insurers;
- The Mutual Atomic Energy Liability Underwriters; or
- The Nuclear Insurance Association of Canada.
Nor will we cover a liability that would have been
covered by a policy of one of those groups if .its
limit hadn't been used up. .
We won't cover claims resulting from radioactive,
toxic, explosive or other hazardous properties of
nuclear material in any of these four situations:
1. You or other protected persons are requ ired by
law to maintain financial protection for nuclear
events. Or you or they are entitled, or would have
been entitled had this policy not been issued, to
indemnity for nuclear events from the
United States.
2. The injury or damage arises out of services or
materials you or any protected person furnish in
connection with the planning, construction.
maintenance, operation or use of a nuclear facility.
I f the nuclear faci I ity is in the United States of
America, its territories or possessions or Canada,
this paragraph applies only to damage to the
facility and any property at its site. Such damagE
includes all forms of radioactive contamination.
3. The nuclear material is located at, or at any time
discharges from, any nuclear facility that is owned
or operated by you or any protected person. Nor
will we cover such claims if the nuclear facility
owned by you or any protected person is
operated by others.
4. The nuclear material is contained in spent fuel
or waste that you/ any protected person, or others
acting for either, have at any time possessed,
transported or disposed of.
This exclusion applies whether or not the claim is
based on liability assumed under any contract
or agreement.
Nuclear material means source material, special
nuclear material or by-product material as defined
under the federal Atomic Energy Act.
.....
Nuclear facilities are any of the following:
. Nuclear reactors.
. Enrichment plants.
. Fuel or spent fuel handling or processing plants.
· A location used for handling, storing or disposing
of nuclear waste.
· A location containing more than 25 grams of
plutonium or uranium 233 combined, or more than
250 grams of uranium 235.
Nuclear waste is waste from any of the first three
nuclear facilities named above which contains
by-product material. But we won't consider waste
to include tailings or other wastes from the
processing of ore to extract or concentrate uranium
or thorium to produce source material.
Spent fuel is any fuel element or component,
whether solid or liquid, which has been used or
exposed to radiation in a nuclear reactor.
War. We won't cover any injury or damage caused
by: War (declared or undeclared). Invasion.
Insurrection. Rebellion. Revolution. Civil war. Or
seizure of power. Or by anything done to hinder or
defend these actions. This exclusion only applies to:
-liability assumed under a covered contract or
agreement; or to
.medical expenses under the "First aid" section of
II Additional benefits".
Optional Exclusions
The following exclusions apply when indicated in
the Coverage Summary.
Products - completed work exclusion. We won't
cover injury or damage that happens away from
your premises and is caused by any of the following:
. A product or its container which you or others using
your name have manufactured, sold, handled or
distributed, if the injury or damage occurs after
you've given physical possession of the product or
container to others. We won't consider a vehicle to
be a container. We won't consider items rented to
others to be your products. Nor will we consider
your 'products to include an item you haven't sold
but which you allow others to use - like a
vending machine.
Page 6 of 7.
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C>~t. Paul Fire anc1 Marine Insurance Company. 1981.
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.Work you've completed, had completed for you or
abandoned. We explain "When we consider work
to be completed" on page 3. Completed work
includes the condition of a vehicle or its cargo when
that condition was created by the loading or
unloading of the vehicle.
.People relying on statement or warranties you've
made about your products or completed work.
This exclusion applies whether or not the claim is
based on liability assumed under any contract
or agreement.
Professional services exclusion. We won't cover
injury or damage resulting from the performance
of or the failure to perform any professional service.
This exclusion applies whether or not the claim is
based on liability assumed under any contract
or agreement.
Other Insurance
This agreement is primary insurance. If other
insurance is available that is excess or contingent, it
won't affect our payment under this agreement.
Excess insurance applies after primary coverage has
been used up. Contingent insurance applies only
when there is no other coverage. This agreement
may be changed by endorsement to an excess or
contingent basis.
When this agreement and other collectible insurance
apply to a loss on the same primary, excess, or
contingent basis, our payment may be different.
Each policy, including this agreement, will share the
loss equally until it's paid. If a policy reaches its
limit before the whole loss is paid, the remaining
policies will share the balance equally. But no policy
will pay more than its limit. For example:
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.lStalul
You have a $600,000 loss. This limit of coverage on
this agreement is $500,000 but you have two other
policies that cover your loss and provide for
contribution by equal shares. Policy A's limit is
$100,000 and Policy B's limit is $300,000. First,
we figure how much we'd have to pay if each
contributed equally until your whole loss was
covered or we each paid the limit of Policy A. That
works out to $100,000. Three $100,000 payments
wouldn't cover your loss, so we have to figure how
much we'd have to pay if this agreement and Policy
B contributed equally until your whole loss was
paid or we each reached our limits. Since the unpaid
portion of the loss would be $300,000, we'd each
pay another $150,000 without reaching out limits.
Our total payment under this agreement would
be $250,000.
If the other insurance doesn't provide for
contribution by equal shares, we'll figure our
payment this way: We'll pay that portion of the
loss equal to our percentage of the total amount of
insurance covering the loss. But we won't pay more
than our limit. For example:
The limit of coverage under this agreement is
$300,000. You have another policy covering the
loss with a limit of $100,000. We'll pay up to 75%
($300,000/$400,000) of the loss, but not more
than $300,000.
43000 Ed. 10.81 Printed in U.S.A.
,
Insuring Agreement 36.
Page 7 of 7.
Liability Coverage.
ItlSt. Paul Fire and Marine Insurance Company. 1981.
G'ENERAL L1ABILlT1 BROADENING ENDORSEMENT I
Th is endorsement changes your:
IX Comprehensive General Liabil ity
Protection
o
cS~ul
Table of Contents
Page How Your Coverage Is Changed
How Your Coverage Is Changed
Personal I njury and Advertising
I njury Coverage
Limit Of You r Personal I njury And
Advertising Injury Coverage
Exclusions - Personal Injury or
Advertising Claims We Won't Cover
Mental Harm Coverage
Extended Bodily Injury Coverage
Medical Expense Coverage
People Whose Medical Expenses
Aren't Covered
Medical Reports And Examinations
Exclusions - Medical Expense
Claims We Won't Cover
Recovering Damages From A Third
Party
Additional Protected Persons
Spouse Of A Partner
Employees
Newly Acquired Organizations
Limited Worldwide liability Coverage
Tenant's Fire or Explosion
Liability Coverage
Limit Of Coverage
Exclusions - Tenant's Fire or
Explosion Claims We Won't Cover
I ncidental Medical Services Coverage
Host liquor liability Coverage
Broad Form Property Damage
Coverage
Other Terms
1 Your General Liability Protection is
broadened by adding some coverages and
changing some exclusions. However, this
1 endorsement only appl ies to accidental
events or acts of interference with a per-
2 son's rights that happen while this en-
dorsement is in effect.
2
2
Personal Injury and Advertising Injury
3 Coverage
3
We'll pay amounts you and other protected
3 persons are legally required to pay as
3 damages for covered personal injury or
advertising injury claims resulting from
4 your business activities.
4 Personal injury means any of the following
acts of interference with a person's .
4 rights.
4
4 -False arrest, detention or imprisonment,
5 or mal icious prosecution.
5 -Libel, slander, defamation or other writ-
ten or spoken statements which violate an
individual's right of privacy.
5
5 -Wrongful entry, wrongful eviction, or
other invasion of the right of private oc-
5 cupancy.
6 Advertising injury means any of the fol-
lowing acts of interference with a per-
6 son's rights resulting from any
advertisement, advertising or publicity
article, broadcast or telecast.
6
- Libel, slander or defamation.
7
43236 Ed.7-83 Printed i1<l U.S.A. 3~28-84 ekEndorsement-L-to Insuring Agreement36-.
@St. Paul Fire and Marine Insurance Co. 1983 Page 1 of 7
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'.:' . '-Violation of the right of privlCY.
-Piracy.
- Unfair competition.
-I nfringement of copyright, title or slo-
gan.
Limit Of Your Personal Injury And
Advertising I njury Coverage
The mostwe'll pay for all personal Injury
and advertising injury claims covered un-
der th is endorsement is equal to the each.
accidental event limit that applies to your
General Liabil ity Protection for:
-bodily injury, if' you have separate
I imits.; or .
-bodily injury and property 'damage com-
bined, if you have a combined limit.
Th is I imit is shown in the General Liabil-
ity Coverage Summary. It appl ies no mat-
ter how many protected persons are
involved,or how many claims are made.
However, if you r General Liabil ity Pro-
tection is issued for more than one year,
the limit applies separately to each policy
year.
Exclusions - Personal I njury or
Advertising Claims We Won't Cover
Employment-related claims. We won't cov-
er personal injury claims made by anyone
because of personal injury related to his
or her employment by you or application
for employment with you. .
False statements. We won't cover personal
injury or advertising injury claims that
result from statements made by or for any
protected person: .
-about any organization or its goods,
products or services; or
-in violation of an individual's right of
privacy;
when the statements are known to be
false.
Prior statements. We won't cover personal
injury or advertising injury claims that
result from statements (or the first of
statements) made blfore th is endorse~ent'
went into effect.
Contract liab1lity. We won't cover per-
sonal injury or aqvertising injury liability
assumed under any contract or
ag reement.
Deliberately breaking the law. We won't
cover personal injury or advertising inju-
ry claims that result if you or any other
protected person knowingly brea ks any
criminal law. Or if someone else breaks
such a law with the consent or knowledge
of a protected person.
Advertising claims. We won't cover adver-
tising injury claims brought against any
protected person who is in the business
of advertising, broadcasting, publishing
or public relations. Nor will we cover ad-
vertising injury claims that result from:
-fail ure to perform you r obi igations under
a contract. (But this exclusion won't ap-
ply to the unauthorized appropriation of
ideas based on alleged breach of an im-
'pl ied contract.)
-infringement of trademark, service mark
or trade name by using any of them on or
with the goods, products or services you
sell, advertise, or offer for sale (But th is
exclusion will not apply to infringement of
titles or slogans.);
- incorrect description of goods, products
or services;
-mistakes in the advertised price of
goods, pro.ducts or services;
-acts committed with intent to harm.
Mental Harm Coverage
The term "bodily injury" as used in your
General Liability Protection is expanded
to cover mental harm, mental anguish or
mental illness whether or not there has
been physical harm or ill ness.
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Page 2 of 7
@St. Paul Fire and Marine Insurance Co. 1983
"
Extended Bodily InJury Coverage
z
The term "accidental event" as used in
you r General Liabil ity Protection is ex-
panded to cover any intentional act by or
at the direction of any protected person
that results in bodily injury solely from
the use of reasonable force while prevent-
ing or removing a danger to people or
property.
Medical Expense Coverage
Even if you aren't legally responsible;
we'll pay up to $1,000 for first aid and
medical expenses for each person who
sustains bodily injury in an accidental
event. However, no matter how many
claims result from one event, we won't
pay more than your policy's each acci-
dental event limit.
You may have coverage for medical pay-
ments under one or more agreements in
this pol icy. If you do, the most we'll pay
is the highest limit of coverage you have.
The event must happen at your place of
business and result from a condition of
you r premises or arise from some activity
related to your business. For example:
It's rained most of the morning. Your
secretary takes an umbrella al.Jng to the
post office to purchase stamps. While
rounding a corner, your secretary's um-
brella accidentally pokes a pedestrian's
shoulder. The pedestrian, knocked off
balance, falls to the sidewalk. Since your
secretary was on business when the acci-
dent occurred, we'll cover medical
expenses the injured pedestrian may have
up to $1 , 000 .
We'll cover reasonable expenses for nec-
essary medical, surgical, x-ray and den-
tal services, and for artificial limbs and
organs. We'll also pay for necessary am-
bulance, hospital and professional nurs-
ing services and for funeral services. To
be covered, these expenses must be in-
curred within one year of the accidental
event.
People Jose Medical
Covered
&istalul
Expenses Aren't
We won't cover medical expenses of any of
the following people:
,<
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-You or your partner~.-,-
-An employee of yours or your partners,
if the employee is injured in the course of
his or her employment by you.
-A tenant who lives on your premises or
employees of such tenants who are injured
in the course of their employment by the
tenant.
-Any tenant or any employee of a tenant
who is injured on the part of the premises
rented from you.
-Employees of such other tenants who are
injured in the course of their employment
and on the part of the premises thei rem-
ployer rents from you.
-Any person who builds new structures
or who repairs, maintains or demolishes
any structure on your property or adja-
cent roads.
-Any person to whom benefits are payable
or for whom benefits are required to be
provided under a workers' compensation,
unemployment compensation, disability
benefits or similar law.
-Any person practicing, teaching or tak-
ing part in physical training, a sport or
an athletic activity or contest.
Medical Reports And Examinations
The injured person must do several
things before we will pay a claim. These
are:
-give us written proof of the claim as
soon as possible;
-make the claim under oath at our
request;
43236 Ed.7-83 Printed in U.S.A.. 3_2.A-84.AJrEndorsement~to Insuring Agreem~n~.
@St. Paul Fire and Marif'te Insurance Co. 1!J~ Page 3 of 7
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-give us authorization to obtain
medical reports and records;
copies of
-be examined by doctors of our choice as
often as we may reasonably request.
We will pay for such examinations, but
these payments will be treated as part of
the ,I jmits of coverage.
The fact that we make payments to an in-
jured person for. these services doesn't
mean you've admitted responsibility for
the i.njury.
Exclusions - Medical Expense Claims We
Won't Cover
All of the exclusions that apply to your
General Liabil ity Protection apply to th is
coverage. The following exclusions also
apply.
Medical s~rvices you provide. We won't
cover expenses for medical services pro-
vided by any protected persons; their
employees; or, any person or organization
. under contract to you .to provide such
services.
Work by independent contractors. We
won 't cover medical expenses for injury
caused by work done for you by any in-
dependent contractor. But this exclusion
won't apply to maintenan'ce and repair of
your insured premises. Nor will it apply
to structural alterations at insured prem-
ises that don't change the size ofa struc-
ture or involve moving of a structure.
Recovering Damages From A Third Party
, '
The Recovering Damages From A Third
Party section of the General Rules doesn't
apply to this medical expense coverage.
I
Additional Protected Persons
The Who Is Protected Under This Agree-
ment section of your General Liabil ity
Protection is changed by adding the fol..:
lowing.
Spouse Of A Partner
If you are a partnership, spouses of
partners are protected against claims re-
sulting from conducting your business as
, a partnership. '
, Emp loyees
Yo.ur employees are protected while they
are working for you within the scope of
thei r duties. '
Limitations on employee protection.. We
won't cover your employees for the follow-
ing:
-Claims for bodily injury or personal InJu-
ry to a fellow employee occu rring on the
job.,
-Claims for personal injury or advertising
injury to you; a protected partner or
,co-venturer; or the spouse of any of
these protected persons.
-Claims for damage to property owned,
rented, occupied, used or physically con-
trolled by you; a protected partner or
co-ventur.er; a fellow employee, 'or the
spouse of any of these protected persons.
This employees protection section doesn't
apply to your executive officers because
they are specifically protected in the
Corporation protection section above.
Page 4 of 7 ~
@St. Paul Fire and Marine Insurance Co. 1983
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Newly Acquired Organizations
aie'll protect organizations that you newly
acquire or form in which you maintain
ownership or majority interest. To be
covered these organizations must be ac-
quired or formed while this endorsement
is in effect. We'll protect them for 90 days
from the date you acquire them.
However, we won't protect a joi nt ventu re
unless it is named in the Introduction.
Other:- insurance for newly acquired
organization,s. If a newly acquired or
formed organ ization is covered for bodily
injury, property damage, personal injury
or advertising injury claims under any
other pol icy, the coverage provided by.
th is endorsement does not apply, nor
does th is coverage apply as excess.
Limited Worldwide Liability Coverage'
The Where We Cover section of your Gen-
eral Liabil ity Protection is extended as
follows:
-If you .are permanently headquartered in
the United States of America, we also
cover accidental events that ta ke place
anywhere in the world that result from
your business activities while a protected
person is temporarily outside the United
States of America.
-If products are covered, we'll also cover
accidental events that are caused by one
of your products sold anywhere in the
world. ',.
But we only cover all of the above types
of events if the original suit is brought
within the United States of America, its
territories or possessions, Puerto Rico or
Canada.
Tenant's tire or Explosion
erage
estil!ul
Liability Cov-
If your General Liability Protection pro-
vides property damage coverage, we'll
protect you for property damage claims
caused by fire or explosion to that por-
tion of property that you rent or lease.
But this is so only when you or other
protected persons are legally at fault for
the damage. We won't cover damage to
such property when it isn't any protected
person's fault, even if responsibility for
the damage has been assumed under a
contract or agreement. For example, .
You rent office space in another building.
Your lease makes you responsible for all
damage caused by fire or explosion to
your office even though you're not to
blame.
Suppose your employee carelessly throws
a lighted match into the wastebasket.
We'll pay up to the limit of coverage for
the fire damage you're legally responsible
for because of the carelessness.
But, if through no fault of yours, the
furnace explodes and starts your prem-
ises on fire, we won't pay for the damage
even though your lease makes you re-
sponsible for it.
Limit Of Coverage
The most we'll pay for covered tenant's
fire or explosion claims is $50,000 for
each accidental event, no matter how
many protected persons are involved or
how many claims are made.
Exclusions - Tenant's Fire or Explosion
Claims We Won't Cover
Only the "Nuclear energy liability" exclu-
sion in your General Liability Protection
applies to this coverage.
43236 Ed.7-83 Printed in U.S.A. It-2A-IM.....Endorsement~to Insuring Agreement3&-'
eSt. Paul Fire and Mari'r'le Insurance Co.l~tlJ Page 5 of 7
.5sta1ul
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I ncidental Medical Services Coverage
We'll cover claims for bodily injury that
result when a physician, dentist or nurse
you employ provides or fails to provide
professional services. But we won't pro-
tect the doctor or nurse against malprac-
tice claims.
The "Employer's liability" exclusion in
your General Liability Protection does not
, apply to th is coverage. '
Host Liquor Liability Coverage
If you aren't in the liquor business, we'll
cover. claims for bodily injury or property.
damage that result when you or someone
acting for you serves or gives away alco-
holic beverages. This includes claims for
loss ,of support due to'bodily injury. By
,liquor business we mean. the business of
manufacturing, distributing, selling or
se,rving ~Icohol ic beverage's. ' '
Broad Form Property Damage Coverage,
If your General Liability Protection pro-
vides property damage coverage, the
"Control of property" and "Damage to
your products or work" exclusions in
you r agreement are replaced by those ,
shown below. This expands coverage for
certain property damage claims.
Control of property. We won't cover,dam-
age to any of the following:
1. Property any protected person owns,
rents, occupies or holds for sale or safe-
keeping.
2. Property any protected person con-
trols which is to be installed, erected or
used in construction.
3. Tools and equipment while any pro-
tected person is actually using them to do
work.
I
4. Property on your premises or premises
of any other p,rotected person for the
purpose of being worked on by you or on",
your behalf.
(
5. Premises you've sold or transferred to
someone else.
However, we will cover the above de-
scribed property you use or control that
you've assumed liability for under a writ"7
ten sidetrack agreement. We'll also cover
, damage caused by an elevator on your
premises to property of others that you
control. But we won't cover damage to the
elevator itself.
6. A particular part of property, you or
oth'ers working for you may work on while,
away from premises owned or rented by
you. This includes the following:
-Property being worked on. We won't
cover damages to the particular part ac-
tually being worked on at the time of the'
accident if the damage results from tre .
work itself while the work is still go~ng
on.
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-Source of damage. We won't coverdam-'
age to the particular part out of which
the' damage arises.
-Faulty workmanship. We won't cover re-
pair or replacement of the particular part
because of faulty workmanship.
Damage to your products or work. We
won 't cover damage to your products
caused by.the product itself or by any of
its parts. For example, we won't cover
damage to an air conditioner that occurs
'because you improperly manufactured it.
Nor will we cover damage to your work or
work done for you that's caused by the
work itself or by materials or equipment
connected with it. But, if your General
Liability Protection provides completed
work ,coverage, this exclusion won't apply
toc.laims for the following:
-Damage to any completed work which re-
sults from work done for you by others.
For example:
Page 6 of 7 "-
@St.'Paul Fire and Marine Insurance Co. 1983
eo
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You construct a building as a general
contractor. Some of the work is done by
~ou while the rest is done for you by
subcontractors. Later, after the building
is accepted by the owner, it is damaged
by a fire caused by faulty electrical wir-
ing installed by a subcontractor. You're
covered for the damage to any of your
completed work and the completed work
done for you by subcontractors.
-Damage to the completed work of others
wh ich results from work done by you. For
example:
You construct a building as a general
contractor. Some of the work is done by
you while the rest is done for you by ,
subcontrators. Later, after the building
is accepted by the owner, it is damaged
by a fire caused by faulty electrical wir-
ing you directly installed. You're not
covered for the damage to any of your
completed work, but you are covered for
estalul
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damage to the completed work of subcon-
tractors.
/
When we consider work to be completed is
explained in the Limits of Coverage sec-
tion of your General Uabil ity Protection.
Other insurance for property damage.
Additional protection provided by the
Broad Form Property Damage Coverage
section of th is endorsement is excess over
any val id property insu rance on wh ich
you can collect. We won't pay until all
Builder's Risk, Fire, Extended Coverage,
Installation or similar coverages, includ-
ing any deductibles, have been used up.
Other Terms
All other terms of your pol icy remain the
same.
43236 Ed.7-83 Printed in U.S.A. S-2Jt.-84 Endorsement'*-to Insuring Agreemen36-'
@St. Paul Fire and Marme Insurance Co. 19~ Page 7 of 7
LIABILITY PROTE<trION FOR AUTOS YOU DON'T I
OWN
We've designed this agreement to protect
against two kinds of I iabil ity claims:
1. Claims resulting from bodily injury to
others.
2. Claims resulting from damage to
property of others.
.s stilIul
This agreement is excess insurance and
covers claims after any other insu rance
that applies to the claim has been used
up. Of course there are some limitations
which are explained later in this
agreement.
Coverage Summary
If no entry is shown here see separate
Coverage Summary.
Limit of coverage.
$ 300,000.
Property damage means any damage to
tangible property of others. This in-
cludes loss of use of the damaged proper-
ty.
Injury or damage. When we say injury or
damage we mean bod)ly injury or property
Each Accident damage.
Autos covered.
Coverage appl ies when indicated by an X
in the box.
[!l Hired autos only.
00 Non-owned autos only.
D Optional partnership coverage.
What This Agreement Covers
Th is agreement provides excess insu rance
for any covered auto. Excess insurance
appl ies after primary coverage has been
used up.
We'll pay damages you and others pro-
tected under this agreement are legally
required to pay for covered bodily injury
or property damage claims caused by an
accident resulting from the use of or the
loading or unloading of a covered auto.
Bodily injury means any physical harm to
a person's health including si'ckness or
disease. If a bodily injury is covered,
we'll cover damages for care, loss of ser-
vices or death resulting from the injury.
Accident means any event that results in
bodily injury or property damage that the
protected person didn't expect or intend
to happen.
Autos are cars, trucks, trailers and other
land vehicles designed for travel on pub-
lic roads-but not mobile equipment.
Mobile equipment means the following
types of land vehicles:
-Those that don't have to be licensed.
-Those designed for use mainly off public
roads. '
-Those kept for use only on you r prem-
ises or that part of a road or other access
adjacent to you r premises.
-Those used only to provide mobility for
permanently attached special ized equ ip-
ment. For example, these include well
drilling rigs, power cranes, concrete mix-
ers that remain on a job site and similar,
equipment.
-Specialized equipment like bulldozers,
rollers, graders, farm machinery and sim-
ilar equipment.
If issued after the date your policy
begins, these spaces must be completed
and our representative must sign below.
~
Pol icy issued to
Agreement takes effect Policy Number
SOQ.TT,Qq711
44011 Ed.3-83 Printed 1-n U.S.A. 3-28-84 ek Insuring Agreement 63
@St. Paul Fire and Marine Insurance Co. 1983
Page 1 of 4
liabil ity Coverage
eSl"alUl-
What do we mean by loadinglr unloading?
Loading means the hand I ing of property
after it's moved from the place where it's
accepted for transportation by auto until
placed in or on a covered auto. Unloading
means the handling of property after it's
moved from the covered auto until set in
the place where it is finally del ivered.
But loading or unloading an auto doesn't
include moving property by a mechanical
device not attached to the auto. For ex-
ample, a forkl ift or a conveyor. We won't
consider a hand truck to be a mechanical
device.
You've been asked to give an audio-visual
presentation at your company's annual
business meeting, held in another build-
ing across town. You arrive with your
equipment and discover you've forgotten
your projector at your office. You call
your assistant and ask him to use his own
car to rush it over to you. He pulls up to
the curb, lifts the projector out of his car
and trips, dropping the projector on a
pedestrian's foot. If you've got
non-owned auto coverage, we'll defend
you and cover any damages you're re-
quired to pay - up to the limit of
coverage. But we won't protect the owner
of the auto. And since this is excess in-
surance, we'll cover only after any other
insurance that applies to the loss has
been used up.
Additional benefits. All of the following
benefits are in addition to the limit of
coverage. However, we won't defend a
suit or pay a claim after the limit of cov-
erage has been used up in paying judg-
ments or settlements.
Defending lawsuits.' We'll defend any suit
brought against you or any other pro-
tected person for covered claims, even if
the suit is groundless or fraudulent. We
have the right to investigate, negotiate
and settle any suit or claim if we believe
that is proper. We'll pay all costs of de-
fending the suit, including interest on
that part of any judgment that doesn't
exceed the I imit of coverage.
I
Legal bonds. We'll pay premiums for ap-
peal bonds, or bonds to release property
that's being used to secure a legal obli-
gation, that are required in a suit we de-
fend. We'll pay premiums for bonds
valued up to the limit of coverage. We'll
also pay up to $250.00 for bail bonds re-
quired because of a covered accident, in-
cluding bonds for related traffic law
violations. But we're not obligated to
furnish these bail bonds.
Expenses related to defense. We'll also
pay all reasonable costs that you or any
protected person incur at our request
while helping us investigate or defend a
claim or suit. This includes up to $50.00
per day for actual loss of earnings. For
example, if someone sues you, we may ask
you to be a witness in a trial. If you lose
earnings as a result, we'll pay up to
$50.00 per day for earnings you actually
lose.
Which Autos Are Covered
The types of autos covered are indicated
in the Coverage Summary.
(
Hired autos only. We'll cover autos you
hire, rent or borrow. This doesn't in-
clude autos you lease, hire, rent or bor-
row from any of your employees or
members of their households.
Non-owned autos only. We'll cover autos
you don't own, lease, hire or borrow
which are used in connection with your
business. This includes autos owned by
your employees or members of their
households' but only while used in your
business or personal affairs. If you are a
partnership, we won't consider any auto
owned by a partner or by a member of his
or her household to be a non-owned auto.
Optional partnership coverage. We'll pro-
tect you r partnersh ip against I iabil ity
claims that result when any of you r part-
ners uses an auto owned by the partner
or by a member of his or her household
for your business. We'll also protect the
remaining partners against I iabil ity
claims, but we won't protect the owner of
the auto.
'''-/
Page 2 of 4
@St. Paul Fire and Marine (nsa-rance Co. 1983
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Additional Insured Endorsement
How your coverage is changed
This endorsement extends coverage of your Comprehensive General Liability
Protection Agreement to the people named below:
City of Clearwater, P.O. Box 4748, Clearwater, Florida 33518
Their interest is now covered under your agreement, but only as respects the
Historical Dwelling Located: 1350 South Greenwood Avenue
Clearwater, Florida 33515
Other terms
All other terms of your policy remain the same.
".
If we issue this form after the date your policy
takes effect, we must complete these spaces and
our representative must sign below.
Authorized representative
Pol icy issued to
Clearwater Historical Society, Inc.
c/o David Perkins, Treas.
Agreement takes effect
1-7-R4
Policy number
509JL9974
3-28-84 ek
Insuring Agreement
Endorsement number---2-.-to Insuring Agreement~.
Endorsement number _to
CSt. Paul Fire and Marine Insurance C~pany, 1980.
Wh'o Is Protected urLer This Agreement
Protected persons are people and organ-
izations protected under this pol icy.
You're protected for claims involving any
covered auto. Anyone responsible for the
actions of a protected person is also pro-
tected to the extent he or she is respon-
sible. We won't, however, protect the
owner of a covered auto under any cir-
cumstances.
When "hired autos" are covered, people
using a hired auto with your permission
are also protected. This includes the fol-
lowing persons:
-Anyone while working in the business of
selling, servicing, repairing or parking
autos but only if the business is yours.
-Anyone while moving property to or from
a covered auto but only if he or she is
one of you r employees, a person who
leases or borrows a hired auto from you,
or any of that person's employees.
Where And When We Cover
We cover accidents that take place in the
United States of America, its territories
or possessions, Puerto Rico or Canada or
wh ile covered autos are being transported
between these places while this agreement
is in effect.
Limits Of Coverage
The limit shown in the Coverage Summary
is the most we'll pay for all claims that
result from anyone accident. The I jmit
appl ies no matter how many persons pro-
tected under this agreement are involved
or how many claims are made.
We'll consider all bodily injury and prop-
erty damage caused by continuous or re-
peated exposure to basically the same
conditions to be the result of one
accident.
.s stiIIul
Exclusiol - Claims We Won't Cover
Contractual liability. We won't cover any
liability .you've assumed under a contract
or agreement.
Workers' compensation. We won't cover
obi igations that protected persons or
their insurance companies have under
workers' compensation, unemployment
compensation, disability benefits or simi-
lar laws. Nor will we cover your obli-
gation to repay money someone el.se paid
because of bodily inju ry to an employee of
yours or any protected person.
On-the-job. We won't cover any claim for
bodily injury to an employee of yours or
any protected persons' arising out of his
or her job. But we will cover injury that
occu rs in the cou rse of domestic employ-
ment, unless the employment is covered
by workers' compensation.
Injury to a fellow employee. We won't
cover any claim for bodily injury to a fel-
low employee of any protected person
arising out of his or her job.
Property in your care. We won't cover
any claim for damage to property owned
by, transported by or in the care, custo-
dy or control of a protected person.
Pollution. We won't cover injury or dam-
age caused by the discharge, dumping,
dispersal, release or escape of:
-smoke, vapor, soot or fumes;
-acids, alkalis, toxic chemicals, liquids or
gases; or
-waste material or other irritants or con-
taminants.
But this exclusion won't apply if dis-
charge, dispersal, release or escape is
sudden and accidental.
Nuclear energy liability. We won't cover
liability for which you or other protected
persons are covered under a nuclear en-
ergy liability policy issued by a group
such as one of the following:
-The American Nuclear Insurers;
-The Mutual Atomic Energy Liability Un-
derwriters; or
44011 Ed .3-83 Printed in U. S. A.
@St. Paul Fire and Marine Insurance Co. 1983
"
Insuring Agreement 63 Page 3 of 4
Liabil ity Coverage
.sstillul
,
-The Nuclear Insurance Association of
Canada.
Nor will we cover a liability that would
have been covered by a pol icy of one of
those groups if its limit hadn't been used
up.
We won't cover claims resulting from ra-
dioactive, tox ic, explosive or other haz-
ardous properties of nuclear material in
any of these fou r situations:
1. You or other protected persons are
required by law to maintain financial pro-
tection for nuclear events. Or you or
they are entitled or would have been enti-
tled had this policy not been issued, to
indemnity for nuclear events from the
United States.
2. The injury or damage arises out of
services or materials you or any protected
person fu rn ish in connection with the
planning, construction, maintenance, op-
eration or use of a nuclear facH ity. If the
nuclear facility is in the United States of
America, its territories or possessions or
Canada, this paragraph applies only to
damage to the facil ity and any property at
its site. Such damage includes all forms of
radioactive contamination.
3. The nuclear material is located at, or
at any time discharges from, any nuclear
facility that is owned or operated by you
or any protected person. Nor will we cov-
er such claims if the nuclear facility
owned by you or any protected person is
operated by others.
4. The nuclear material is contained in
spent fuel or waste that you, any pro-
tected person, or others acting for'
either, have at any time possessed,
transported or disposed of.
Nuclear material means source material,
special nuclear material or by-product ma-
terial as defined under the federal Atomic
Energy Act.
I
Nuclear facilities are any of the following:
-Nuclear reactors.
-Enrichment plants.
-Fuel or spent fuel handling, storing or
disposing of nuclear waste.
-A location containing more than 25 grams
of plutonium or uranium 233 combined, or
more than 250 grams of uranium 235.
--.-:
Nuclear waste is waste from any of the
first th ree nuclear facil ities named above
wh ich contains by-product material. But
we won't consider waste to include tail-
ings or other wastes from the processing
of ore to extract or concentrate uranium
or thorium to produce sou rce material.
Spent fuel is any fuel element or compo-
nent, whether solid or liquid, which has
been used or exposed to radiation in a
n uclea r reactor.
Other Insurance
This agreement provides excess insurance
for any covered auto. Excess insurance
appl ies after primary coverage has been
used up.
I nsurance written with another company.
When this agreement and other insurance
collectible from someone else apply to a
loss on the same excess basis, we'll pay
only ou r share of you r loss. We'll pay the
same proportion of your loss that our limit
is of the total of all appl icable pol icy I im-
its. But we won't pay more than our limit.
I nsurance written under another policy
with our company. When th is agreement
and other insurance written by us, both
apply to the same loss, the most we will
pay is the highest limit of coverage that
appl ies under anyone pol icy. When the
other insurance written by us is intended
to be excess over this agreement, th is
paragraph does not apply.
''--"~''''
Page 4 of 4 "
@St. Paul Fire and Marine Insurance Co. 1983