NCD986187094_20070615_Reasor Chemical Company_FRBCERCLA SPD_Contractor Insurance Policies-OCR

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AMERICAN INTERNATIONAL SPECIAL TY LINES
INSURANCE COMPANY
C'oltAp,._~◄
(A Capital Stock Company, herein called the Company)
70 Pina Streat
A Member Company of
American lnternatioru: l Group, Inc.
New York, N.Y. 10270
COMMERCIAL GENERAL LIABILITY AND PROFESSIONAL LIABILITY POLICY
POLICY NUMBl'R: PROP6712691 RENEWAL OF: 6712691
,<
NOTICE: COVEl~AGE DIS CLAIMS MADE -PLEASE READ THE ENTIRE FORM CAREFULLY. UNDER COVER-
AGE D (PROFESSIONAL LIABILITY) OF THIS POLICY, AMOUNTS INCURRED FOR LEGAL DEFENSE SHALL
BE APPLIED A '.;AINST THE DEDUCTIBLE AMOUNT ANO ALSO SHALL REDUCE THE LIMIT OF LIABILITY
AVAILABLE TO PAY OTHER COSTS COVERED BY THIS INSURANCE. Pt:EASE READ CAREFULLY.
IN RETURN FOR THE PAYMENT OF PREMIUM, ANO SUBJECT .JO ALL TERMS OF THIS POLICY, WE AGREE
WITH YOU TO l'ROVIOE THE INSURANCE AS STATED IN THIS POLICY.
DECLARATIONS
Item 1. NAMEI) INSURED: APEX COMPANIES, LLC
AODRl:SS: 15850 CRBBS BR WAY STE 20
DERWOOD, MD 20855-2616
Item 2. POLICf PERIOD: FROM: June 15, 2007 TO: June 15, 2008
at 12:01 A.M. Standard Time at the address of the Named Insured shown above.
Item 3. LIMIT~; OF INSURANCE:
GENER~L AGGREGATE LIMIT (Other than Products-Completed Operations)
PRODUCTS-COMPLETED OPERATIONS AGGREGATE LIMIT
PERSO ~AL & ADVERTISING INJURY LIMIT
EACH C>CCURRENCE LIMIT
EACH l OSS LIMIT (Coverage D)
FIRE D11MAGE LIMIT
MEDIC/IL EXPENSE LIMIT
$2,000,000
$2,000,000
$1,000,000
$1,000,000
Excluded
$100,000 Any One Fire
$5,000 Any One Person
Item 4. DEDUCTIBLES: COVERAGE A & B: See Deductible Liability Endorsement
COVERAGE 0: Not Applicable
Item 5. RETR(IACTIVE OATES: Coverage D of this Insurance does not apply to acts, errors or omissions which occur
before the Retroactive Date, if any, shown below:
· RETROACTIVE DATE: EXCLUDED
Item 6. FORMto OF BUSINESS :
D lndiv dual D Partnership D Joint Venture
Business Description:
Locatior• of All Premises You Own, Rent or OcCtJpy:
Item 7. POLICf PREMIUM: $109,000.00
IXI Organization (Other than Partnership or Joint Venture)
AS PER APPLICATION
AS PER APPLICATION
Premiu 11 tor Certified Acts ot Terrorism Coverage Under Terrorism Risk Insurance Act 2002:
Not Applicable, Coverage Rejected By Insured
77792 (8/04) PAGE 1 OF 2
Cl2546
NOTICE: THIS IN~;URER IS NOT LICENSED IN THE STATE OF NEW YORK AND IS NOT SUBJECT TO ITS SUPERVISION
Named lns11red:
FORMS SCHEDULE
APEX COMPANIES, LLC
Polley Number: PROP6712691
Effective 12:01 AM: June 15, 2007
End't. No.
1
2
3
4.
5
6
7
8
9
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CIFMSC
Form Name
AISLIC Comm, Gen. Uab.&Prof. Liab. Dec
AISLIC Comm. Gen. Liab. & Prof. Liab. Pol.
Notice of Loss/Notice of Claim
Terrorism Exel -All (Incl Cert Acts Of Terrorism)
Microbial Matter -Defined Endorsement
Common Policy Conditions Endorsement
Additional Insured -Manager/Lessors of Premises
Scheduled Watercraft Endorsement
Additional Insured / Primary Coverage Endorsement
Named Insured Endorsement
Condition Of Payment Endorsement
Per Project Gen. Aggregate (Excluding Poll. & E&O)
Waiver Of Subrogation-Specific Person or Org.
Minimum Earned Premium Endorsement
War Exclusion Endorsement
Deductible Uab. Insurance Split Deductible
Exel -Viol Stat -Send, Trans, Comm Mat or Info
Ea Loss Lim Amended To Incl Mull Claims Limit End
Accident Insurance Endorsement
Additional Insured Endorsement Coverage A. B and C
Deletion of Coverage D
Employee Benefits Liab. Ins. Provides CM' Coverage.
Add'I Insured -Owners, Lessees or Contractors
Add'! Insured -Owners, Lessees or Contractors
Add'I Insured-Owners, Lessees or Contractors
Form Number/
Edition Date
777':r}.
7TT93
Cl1141
81268
81678
IL0017
78009
78008
90667
90520
90365
78035
78011
78018
79108
78010
87993
86811
89129
78025
65405
51767
MNSCPT
MNSCPT
MNSCPT
(08104)
(08/04)
(09/00)
(12/02)
(03.'03)
(11198)
(05101)
(05/01)
(04/06)
(02/06)
(01/06)
(05101)
(05101)
(05/01)
(12/01)
(05101)
(04/05)
(10/04)
(05/05)
(05/01)
(05/96)
(04191)
(06107)
(06/07)
(06/07)
POLICYHOLDER DISCLOSURE STATEMENT
UNDER
TERRORISM RISK INSURANCE ACT OF 2002
You are hel'eby notified that under the federal Terrorism Risk Insurance Act of 2002 (the "Act") effective
November 26, 2002, you now have a right to purchase insurance coverage for losses arising out of an Act of
Terrorism, which is defined in the Act as an act certified by tha Secretary of the Treasury (i) to be an act of
terrorism, (ii) to be a violent act or an act that is dangerous to (A) human life; (B) property or (C) infrastructure, (iii)
to have resulted in damage within the United States, or outside of the United States in case of an air carrier or
vessel or the prsmises of a U.S. mission and (iv) to have been committed by an individual or individuals acting on
behalf of any le reign person or foreign interest, as part of an effort to coerce the civilian population of the United
States or to inf uence the policy or affect the conduct of the United States Government by coercion. You should
read the Act for a complete description of its coverage. The Secretary s decision to certify or not to certify an
event as an Ac: of Terrorism and thus covered by this law is final and not subject to review. There is a $100
billion dollar annual cap on all losses resulting from Acts of Terrorism above which no coverage will be provided
under this poliC\' and under the Act unless Congress makes some other determination.
For your inf>rmation, if such coverage is purchased, coverage provided by the policy for losses caused by an
Act of Terrorism may be partially reimbursed by the United States under a formula established by the Act. Under
this formula the United States pays 90% .of terrorism losses covered by this law exceeding a statutorily established
deductible that 11ust be met by the insurer, and which deductible is based on a percentage of the insurers direct
earned premiumi for the year preceeding the Act of Terrorism.
Coverage for Acts of Terrorism is not included in the policy referenced below as the insured has rejected the
offer to purchas 3 such insurance.
AMERICAN INTl:RNATIONAL SPECIALTY LINES INS. CO.
NAMED INSURED: APEX COMPANIES, LLC
POLICY#: PROP 6712691
EFFECTIVE DATES: 06/15/2007 TO 06/15/2008
BINDER WITH NO CERTIFIED ACT INSURANCE (COVERAGE REJECTED BY INSURED)
81273 112/02)
Cl1960
Producer: WACHOVIA INSURANCE SERVICES INC
1660 W 2ND ST# 700
CLEVELAND, OH 44113-1441
Forms and Endorsements made a part of this policy: Application and Schedule (attached)
77792 (8104)
Cl2646
AUTH IZED REPRESENTATIVE
or countersignature (in states where applicable)
PAGE 2 OF 2
AIAERICAN INTERNATIONAL SPECIAL TY LINES INSURANCE COMPANY
COIVIMERCIAL GENERAL LIABILITY AND PROFESSIONAL LIABILITY POLICY
NOTICE: C:OVERAGE D PROVIDES "CLAIMS-MADE-AND-REPORTED" COVERAGE, AND HAS REPORTING
REQUIREMENTS DIFFERENT FROM THOSE FOR COVERAGES A AND B. COVERAGE D REQUIRES THAT
A CLAIM BE FIRST MADE UPON THE INSURED AND REPORTED IN WRITING TO US DURING THE SAME
POLICY PERIOD OR EXTENDED REPORTING PERIOD, IF ANY.
PLEASE READ THE ENTIRE FORM CAREFULLY.
Throughout this Policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any
other perso11 or organization qualifying as a Named Insured under this Policy. The words "we", "us" and "our"
refer to the 1 ::Ompany providing this insurance.
The word "i11sured" means any person or organization qualifying as such under WHO IS AN INSURED (Section II).
Other words and phrases that appear in bold have special meaning. Refer to DEFINITIONS (Section VI).
The statem1,nts in the lnsured"s application for this Policy are the lnsured's representations, are hereby deemed
material and are hereby made a part of this Policy. This Policy has been issued based upon the truth and accuracy
of such representations. This Policy includes all of the agreements existing between the Insured and the Company
or any of its agents relating to this Policy.
In any endo1 sement to this policy, all references to COMMERCIAL GENERAL LIABILITY COVERAGE PART shall
be deemed to be replaced with the following reference on each occasion: COMMERCIAL GENERAL LIABILITY
AND PROFLSSIONAL LIABILITY POLICY .
SECTION I • COVERAGES
COVERAGE A. -BODILY INJURY AND PROPERTY DAMAGE LIABILITY
1, lnsurln~ Agreement
a. We Nill pay those sums that the insured becomes legally obligated to pay as damages because of bodlly
lnju1y or property damage to which this insurance applies. We will have the right and duty to defend the
insu1 ed against any suit seeking those damages. However, we will have no duty to defend the insured
against any suit seeking damages for bodlly Injury or property damage to which this insurance does not
appt,. We may at our discretion investigate any occurrence and settle any claim or suit that may result
but:
(1) The amount we will pay for damages is limited as described in Section Ill • LIMITS OF INSURANCE
,\ND DEDUCTIBLE; and
(2) 1)ur right and duty to defend end when we have used up the applicable limit of insurance in the pay-
inent of judgments or settlements under Coverage A or B, medical expenses under Coverage C, or loss
11nder Coverage D.
No c,ther obligation or liability to pay sums or perform acts or services is covered unless explicitly provided
for under SUPPLEMENTARY PAYMENTS· COVERAGES A AND B.
b. This insurance applies to bodlly Injury and property damage only if:
77793 (08/CM)
Cl2446
Copyrigh~ American International Group, Inc. 2001
Includes cqJyrighted material of lnsuranco Services Offices, Inc. with its permission.
Copyngh~ lnsurarce Services Office, Inc. 1997.
Page 1
NOTICE: THIS IN!:URER IS NOT LICENSED IN THE STATE OF NEW YORK AND IS NOT SUBJECT TO ITS SUPERVISION
(1) lhe bodily Injury or property damage is caused by an occurrence that takes place in the coverage
Hrrltory; and
(2) The bodily Injury or property damage occurs during the policy period.
c. Damages because of bodily Injury include damages claimed by any person or organization for care, Joss of
servi,:es or death resulting at any time from the bodily Injury.
2. Exclusions
This insurance does not apply to:
a. ExpE cted Or Intended Injury
BOdl ly Injury or property damage expected or intended from the standpoint of the insured. This exclusion
does not apply to bodily Injury resulting from the use of reasonable force to protect persons or property.
b. Contractual Llablllty
Bodily Injury or property damage for which the insured is obligated to pay damages by reason of the
assu nption of liability in a contract or agreement. The exclusion does not apply to liability for damages:
( 1) That the insured would have in the absence of the contract or agreement; or
(2) IISSumed in a contract or agreement that is an Insured contract provided the bodily Injury or pro-
l•erty damage occurs subsequent to the execution of the contract or agreement Solely tor the pur-
i •oses of liability assumed in an Insured contract, reasonable attorney fees and necessary litigation
E•xpenses incurred by or tor a party other than an insured are deemed to be damages because of
toodlly Injury or property damage, provided:
(a) Liability to such party tor, or tor the cost of, that party's defense has also been assumed in the
same Insured contract; and
(b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative
dispute resolution proceeding in which damages to which this insurance applies are alleged.
c. Llqu or Llablllty
BOdl ly Injury or property damage for which any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication of any person;
(2) · -he turniShing of alcoholic beverages to a person under the legal drinking age or under the influence of
1~cohol; or
(3) , \ny statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages.
This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or fur-
nishing alcoholic beverages.
d. wor•,ers Compensation And Similar Laws
Any obligation of the insured under a workers compensation, disability benefits or unemployment compen-
saticn law or any Similar law.
77793 (08/0.1)
Cl2446
Copyrigh~ Amoriean lntemallonal Group, Inc. 2001
Includes copyrighted material at Insurance Services Offices, Inc. with its permission.
COpyright, Insurance SeMCOS Office, Inc. 1997.
Page2
e. Employer's Liability
Bod lly Injury to:
(1) 'In employee of the insured, arising out of and in the course of:
:a) Employment by the insured; or
:b) Perlorming duties related to the conduct of the insured's business; or
(2) The spouse, child, parent, brother or sister of that employee as a consequence of paragraph (1) above.
This exclusion applies:
(1) Nhether the insured may be liable as an employer or in any other capacity; and
(2) To any obligation to share damages with or repay someone else who must pay damages because of the
njury.
This exclusion does not apply to liability assumed by the insured under an Insured conuact .
f. Poll Jtlon
(1) 3odlly Injury or property damage arising out of the actual, alleged, or threatened discharge, dispersal,
,eepage, migration, release or escape oJ pollutants at any time.
(2) . 'lily loss, cost or expense arising out of any:
:a) Request, demand or order that any insured or others test for, monitor, clean up, remove, contain,
treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; or
:b) Claim or suit by or on behalf of a governmental authority for damages because of testing for,
monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way re-
sponding to, or assessing the effects of pollutants.
(3) ~art (1) of this exclusion does not apply to:
;e) Bodily Injury or property damage arising out of heat, smoke or fumes from a hostile fire at or
from any premises, site or location which is or was at any lime owned or occupied by, or rented or
loaned to, any insured. This applies only when such premises, site or-location has never at anytime
been used by anyone tor the handling,. storage, disposal, processing or treatment of waste.
;b) Bodlly Injury if sustained within a building and caused by smoke, fumes, vapor or soot from equip-
ment used to heat that building.
(4) This exclusion does not apply to bodlly Injury or property damage when:
:a) The actual or alleged discharge, dispersal, seepage, migration, release or escape of pollutants
arises out of your work and takes place at a job site where you or your subcontractors are working;
and
:b) Such job site was never at any time owned or occupied by, or rented or loaned to any insured,
other than an insured which is an additional insured or qualifies as an insured under Section II,
paragraph 5.
77793 (0810.1)
Cl2446
Copyrighi American International Group, Inc. 2001
Includes copyrighted material of Insurance Services Offl08S, Inc. with its permission.
Copyrlghi Insurance Services Office, Inc. 1997.
Page 3
(5) 711is exclusion does not apply to bodily Injury or property damage when the actual or alleged dis-
charge, dispersal, soopage, migration, release or escape of pollutants arises out of the products-
< ompleted operations hazard of your work, as desetibed in Section VI -DEFINITIONS, paragraph
~:3.
(6) With respect to paragraphs (4) and (5) of this exclusion, in determining whether bodily Injury or pro-
f ,erty damage has occurred during the policy period, the following rules apply:
(a) Progressive, indivisible bodily Injury or property damage over a period of days, weeks, months or
longer, caused by related or continuous exposure to substantially the same general harmful condi-
tions or substances, shall be deemed to have occurred only on the date of first exposure to such
conditions or substances.
(J) However, ii the data of first exposure cannot be determined, or is before the inception date of the
first policy we issued to you which provides coverage substantially similar to that provided under
paragraphs (4) and (5) above, but the progressive, indivisible bodily Injury or property damage
continues in tact to exist during this policy period, it will be deemed to have occurred only on the
inception date of the first such Policy.
(:) An occurrence may result in bodily Injury or property damage which occurs during the policy
periods of different policies we issued to you which provide coverage substantially similar to that
provided under paragraphs (4) and (5) of this exclusion. In that case, all bodily Injury and pro-
perty damage resulting from such occurrence shall be subject to the Each Occurrence Limit
applicable to the first such Policy during which any of such bodily Injury or property damage
occurred.
g. Airer aft, Auto Or Watercraft
Bodily Injury or property damage arising out of the ownership, maintenance, use or entrustment to others
of ar y aircraft, auto or watercraft owned or operated by or rented or loaned to any insured. Use includes
operation and loading or unloading.
This exclusion does not apply to:
( 1) J, watercraft while ashore on premises you own or rent,
(2) J, watercraft you do not own that is:
( a) Less than 26 feet long; and
( J) Not being used to carry persons or property for a charge;
(3) f'arking an auto on, or on the ways next to, premises you own or rent, provided the auto is not owned
t,y or rented or loaned to you or the insured;
(4) Uability assumed _under any Insured contract for the ownership, maintenance or use of aircraft or
,iatercralt;
(5) llodlly Injury or property damage arising out of the operation of any of the equipment listed in para-
11raph f. (2) or I. (3) of the definition of mobile equipment (Section VI); or
(6) llodlly Injury or property damage within the exceptions described in sub-paragraphs (4) and (5) of
Exclusion f., Pollution, of SECTION 1. -COVERAGE A· BODILY INJURY AND PROPERTY DAMAGE
LIABILITY, Paragraph 2. EXCLUSIONS, and which is caused by:
77793 (08/0,)
Cl2446
Copyrlgh~ American International Group, Inc. 2001
Includes copyrighled material al Insurance 5eNices Off1C88, Inc. wilh its permission.
Copyrigh~ Insurance services Office, Inc. 1997.
Page4
(a) Loading or unloadlng of any aircraft, auto or watercraft owned or operated by or rented or loaned
to any insured; or
(b) Transportation of materials on the job site where you are performing your work-
h. Mobile Equipment
Bodily Injury or property damage arising out of:
(1) ·ne transportation of moblle equipment by an auto owned or operated by or rented or loaned to any
i 1sured; or
(2) ·ne use of mobile equipment in, or while in practice tor, or while being prepared for, any prearranged
racing speed, demolition or stunting activity.
i. War
Bodily Injury or property damage due to war, whether or not declared, or any act or condition incident to
war. War includes civil war, insurrection, rebellion or revolution. This exclusion applies only to liability
assumed under a contract or agreement.
j. Damage To Property
Pro~ arty damage to:
( 1) Property you own, rent, or occupy;
(2) Premises you sell, give away or abandon, if the property damage arises out of any part of those
11remises;
(3) Property IOaned to you;
(4) Personal property in the care, custody or control at the insured;
(5) ··hat particular part at real property on which you or any contractors or subcontractors working directly
or indirecUy on your behalf are performing operations, if the property damage arises out of thOse
"perations; or
(6) · "hat particular part of any property that must be restored, repaired or replaced because your work was
i 1correctty performed on it.
ParaJraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire)
to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive
days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section
Ill -LJMITS OF INSURANCE AND DEDUCTIBLE.
Paraaraph (2) of this exclusion does not apply if the premises are your work and were never occupied,
rentEd or held for rental by you.
Para~raphs (3), (4), (5) and (6) at this exclusion do not apply to liability assumed under a sidetrack
agre3ment.
Para araph (6) of this exclusion does not apply to property damage included in the products-completed
oper atlons hazard.
77793 (0810<!)
Cl2446
Copyrighi American International Groop, Inc. 2001
Includes copyrighted malerial of Insurance Sen,ices Offices, Inc. with its permi.-.
Copyright, Insurance Services OffiC8, Inc. 1997.
Pago 5
k. Damage to your product
Pro :>arty damage to your product arising out of it or any part of it.
I. Danage To Your Work
Property damage to your work arising out of it or any part of it and included in the products-completed
ope -ations hazard.
Thi~ exclusion does not apply if the damaged work or the work out of which the damage arises was
per! Jr med on your behalf by a subcontractor.
m. Damage To Impaired Property Or Property Not Physically Injured
Property damage to Impaired property or property that has not been physically injured, arising out of:
(1) I\ defect, deficiency, inadequacy or dangerous condition in your product or your work, or
(2) I\ delay or tailwe by you or anyone acting on your behalf to perform a contract or agreem accord with
ts terms.
This exclusion does not apply to the loss of use of other property arising out of sudden and accidental
phyi:ical injury to your product or your work after it has been put to its intended use.
n. Rec 111 01 Products, Work Or Impaired Property
Darr ages claimed for any loss, cost or expense incurred by you or others tor the loss of use, withdrawal,
recall, inspection, repair, replacement, adjustment, removal or disposal of:
(1) Your 'product;
(2) Your work; or
(3) Impaired property;
if su ~h product, work, or property is withdrawn or recalled from the market or from use by any person or
orga 1ization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it.
o. Personal And Advertising Injury
Bod ly Injury arising out of personal and advertising Injury .
p. Asbostos
(1) 3odlly Injury arising out of the presence, ingestion or inhalation of, or exposure to, asbestos In any
· orm or products containing asbestos; or
(2) 1•roperty damage arising out of the presence of, or exposure to, asbestos in any form or products
, :ontaining asbestos.
This exclusion does not apply to bodily Injury or prop'l!rty damage within the exceptions described in
sub-paragraphs (4) and (5) of Exclusion I., Pollution of Section 1. · COVERAGE A • BODILY INJURY AND
PROPERTY DAMAGE LIABILITY, Paragraph 2. EXCLUSIONS.
77793 (08/0<)
Cl2446
Copyright, American International Group, Inc. 2001
Includes copylighted matetiel ol Insurance Services Offices, Inc. wi1h ils permission.
Copyrigh~ Insurance ServiceS Office, Inc. 1997.
Page6
q. Leacl
(1) llodily lnlury arising out of the presence, ingestion, inhalation or absorption of, or exposure to, lead in
my form or products containing lead; or
(2) l'roperty damage arising out of the presence of, or exposure to, ead in any form or products contain-
i:1g lead.
This exclusion does not apply to bodily Injury or property damage within the exceptions described in
sub-paragraphs (4) and (5) of Exclusions f., Pollution of Section 1. -COVERAGE A -BODILY INJURY AND
PRO~ERTY DAMAGE LIABILITY, Paragraph 2. EXCLUSIONS.
r. Employment -Related Practices
Bodily Injury to:
( 1) J. person arising out of any:
( 3) Refusal to employ that person;
( l) Termination of that person's employment; or
( :) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation,
reassignment, discipline, defamation,harassment, humiliation or discrimination directed at that per-
son; or
(2) l he spouse, child, parent, brother or sister of that person as a consequence of bodlly Injury to that
~arson at whom any of the employment-related practices described in paragraphs (a), (b), or (c) above
in directed.
This exclusion applies:
(1) ~ilhether the insured may be liable as an employer or in any other capacity; and
(2) lo any obligation to share damages with or repay someone else who must pay damages because of the
injury. '
s. Profusslonal Services
Bodily Injury or property damage arising out of the rendering of or failure to render any professional
servl ces by or tor you by any engineer, architect, consultant or surveyor who is either employed by you or
performing work on your_ behalf in such capacity.
t. Nuclaar Material
Any , :lalm for bodily Injury or property damage resulting from the radioactive, toxic or explosive proper-
ties of nuclear material, and for which the United States Department of Energy or any other government
authc,rity has indemnified the Named Insured, or for which the Price Anderson Act provides protection for
the I\ amed Insured.
u. was1e Disposal Site
Any ,:lalm based upon or arising out of any waste or products or materials which have been delivered to a
wasu disposal site, beyond the boundaries of a site at which your work is being performed
ms3 (oa,04)
Cl2446
Copyrigh~ American International Group. Inc. 2001
includes copyrighted rna18rial of Insurance $"1\/ices Offices, Inc. with i1s perm"'6ion.
Copyrigh~ Insurance Services Office, Inc 1997.
Pege7
v. Co, •ered by Other Coverages
Any claim or part thereof which may be alleged as covered under this Coverage of this Policy if we have
ace ipted coverage or coverage has been held to apply for such claim or part thereof under any other
cov irage in this Policy. This exclusion does not apply to any claim for medical expenses under Coverage
C c.1used by bodlly Injury which is covered under Coverage A.
"
Exclusic ns c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied
by you with permission of the owner. A separate limit of insurance applies to this coverage as described in
Section Ill -LIMITS OF INSURANCE AND DEDUCTIBLE .
COVERAGE B. -PERSONAL AND ADVERTISING INJURY LIABILITY
1. lnsurlnu Agreement
a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal
and advertising Injury to which this insurance applies. We will have the right and duty to defend the
insu•ed against any suit seeking those damages. However, we will have no duty to defend the insured
agai1st any suit seeking damages for personal and advertising Injury to which this insurance does not
applf. We may, at our discretion, investigate any offense and settle any claim or suit that may result. But:
(1) rhe amount we will pay for damages is limited as described in Section Ill -LIMIT OF INSURANCE AND
)EDUCTIBLE; and
(2) )ur right and duty to defend end when we have used up the applicable limit of insurance in the pay-
nent of judgments or settlements under Coverage A or B, medical expenses under Coverage C, or
I oss under Coverage D.
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided
for Lnder SUPPLEMENTARY PAYMENTS -COVERAGES A AND B.
b. This insurance applies to personal and advertising Injury caused by an offense arising out of your
business but only if the offense was committed in the coverage territory during the policy period.
2. Excluslc •ns
This insl ranee does not apply to:
a. Personal and advertising Injury:
(1) Gaused by or at the direction of the insured with the knowledge that the act would violate the rights of
Hnother and would inflict personal and advertising Injury;
(2) 1\rising out of oral or written publication of material, if done by or at the direction of the insured with
l:nowledge of its falsity;
(3) 11rising out of oral or written publication of material whose first publication took place before the
beginning of the policy period;
(4) /vising out of a criminal act committed by or at the direction of any insured;
(5) For which the insured has assumed liability in a contract or agreement. This exclusion does not apply
t l liability for damages that the insured would have in the allsence of the contract or agreement;
77793 (08/04)
Cl2446
Copyrighi American International Group. Inc. 2001
Includes copyrightoo ma18rial of Insurance Services Offooes, Inc. with its pem,ission.
Copyrigh~ Insurance SOMOOS Office, Inc. 1997.
Page8
(6) Arising out of a breach of contract, except an implied contract to use another's advertising idea in your
a:lvertlsement;
(7) Arising out of the failure of goods, products or services to conform wijh any statement of quality or
p3rlormance made in your advertisement;
(8) A rising out of the wrong description of the price of goods, products or services stated in your adver-
tisement;
(9) Committed by an insured whose business is advertising, broadcasting, publishing or telecasting. How-
e,er, this exclusion does not apply to Paragraphs 19.a., b.and c. of personal and advertising Injury
under Section VI • DEFINITIONS; .
(10) /Irising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or
escape of pollutants at any time;
(11) hising out of the presence, ingestion or inhalation of, or exposure to, asbestos in any form or products
containing asbestos;
(12) hising out of the presence, ingestion, inhalation or absorption of, or exposure to, lead in any form or
~ roducts containing lead;
(13) Irising ·out of:
(.1) An error, omisSion, defect or deficiency in:
(i) any test performed;
(ii) an evaluation, a consultation or advise given by, or on behalf of, any insured;
( J) The reporting of or reliance upon any such test, evaluation, consultation or advise; or
p) An error, omission, .defect or deficiency in experimental data or the insured's interpretation ol that
data.
(14) Hesulting from the radioactive, toxic or explosive properties of nuclear material, and for which the
United States Department or Energy or any other government authority has indemnified the Named
I 1sured, or for which the Price Anderson Act provides protection for the Named Insured.
b. Any : oss, cost or expense arising out of any:
(1) Hequest, demand or order that any insured or others test for, monitor, clean up, remove, contain, treat,
cletoxify or neutralize, or in any way respond to, or assess the effects of pollutants; or
I
(2) J "1r/ claim or suit by or on behalf of a governmental authority for damages because of testing for, moni-
toring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding
to or assessing the effects of pollutants.
c. Personal and advertising Injury to:
(1) A person arising out of any:
I a) Refusal to employ that person;
1b) Termination of that person's employment; or
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(:) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation,
reassignment, discipline, defamation, harassment, humiliation or discrimination directed at that per-
son; or
(2) ··he spouse, child, parent, brother or sister of that person as a consequence of personal and adver-
tising Injury to that person at whom any of the employment-related practices described in paragraphs
(a), (b), or (c) above is directed.
This exclusion applies:
(1) Whether the insured may be liable as an employer or in any other capacity; and
(2) ··o any obligation to share damages with or repay someone else who must pay damages because of the
i,jury.
d. _Personal and advertising Injury arising out of the rendering or failure to render any professional ser-
vlce:1 by or for you.
e. Any claim or part thereof which may be alleged as covered under this Coverage of this Policy if we have
accepted coverage or coverage has been held to apply tor such claim under any other coverage in this
Policy.
COVERAGE C. -MEDICAL PAYMENTS
1. Insuring Agreement
a. We will pay medical expenses as described below tor bodily Injury caused by an accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or rent; or
(3) I3ecause of your operations;
prov ded that:
(1) The accident takes place in the coverage territory and during the policy period;
(2) The expenses are incurred and reported to us within one year of the date of theaccident; and
(3) The injured person submits to examination, at our expense, by physicians of our Choice as ofte as we
, easonably require.
b. We Nill make these payments regardless of fault These payments will not exceed the applicable limit of
insu,ance. We will pay reasonable expenses for:
(1) 'irst aid administered at the time of an accident;
(2) ~ecessary medical, surgical, x-ray and dental services, including prosthetic devices; and
(3) ~ecessary ambulance, hospital, professional nursing and funeral services.
2. Exclusions.
We will 1101 pay expenses for bodily Injury:
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a. To any insured.
b. To 3 person hired to do work for or on behalf of any insured or a tenant of any insured.
c. To 3 person injured on that part of premises you own or rent that the person normally occupies.
d. To a person, whether or not an employee of any insured, if benefits for the bodily Injury are payable or
mu:;t be provided under a workers compensation or disability _benefits law or a similar law.
e. To -t person injured while taking part in athletics.
f. Inell ded within the products-completed operations hazard.
g.. Excluded under Coverage A.
h. Due to war, whether or not declared, or any act or condition incident to war. War includes civil war,
insl rrection, rebellion or revolution.
COVERAGI: 0. -PROFESSIONAL LIABILITY
1. Insurln11 Agreement
A. Co\erage
We will pay on behalf of the insured, loss that the insured is legally obligated to pay as a result of claims
first made against the insured and reported to the Company in writing during the pollcy period for actual or
alle!Jad errors or omissions arising out of professional services rendered by or on behatt of the insured
pro,ided:
1. The professional services which result in a claim must commence on or attar the Retroactive Date
stated in the Declarations; and
2. The insured must report the claim to the Company in accordance with Section IV. 2. of this Policy
:luring the policy period, within sixty (60) days immediately following the and of the policy period, or
:luring the Extended Reporting Period if applicable.
B. Oefunse
When a claim is made against the insured to which Paragraph 1 .A. above applies, we have the right to
appoint counsel and the duty to defend such claim, even if groundless, false, or fraudulent.
Upo, the insured's satisfaction of any applicable deductible amounts, claim expenses shallbe paid by us
and such payments shall be included as Joss and reduce the available Limit of Insurance. We shall not be
oblit ated to defend or continue to defend any claim attar the applicable Limit of Insurance has been
exhi.usted by payment of Joss.
C. Settiement
We will not settle or compromise a claim without the consent of the insured. tt the insured refuses to
com ent to a settlement or compromise recommended by the us and elects to contest such clalm or
cont nue legal proceedings in connection with such clalm, our Limit of Liability for the claim shall not
exce ad the amount for which the claim could have been so settled plus claim expenses incurred up to the
date of such refusal, subject to the applicable Limits of Insurance of this Policy.
2. ExclusJc,ns
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This insurance does not apply to:
a. An~ clalm based upon or arising out of professional services rendered prior to the inception date of this
Poli:y, if any of your managers, supervisors, officers, directors, or partners knew or reasonably could have
foreseen that such professional services could give rise to a claim under this Policy.
b. (1) Any claim based upon or arising out of any fraudulent, criminal, or malicious act or omission, or those
of a knowingly wrongful nature committed intentionally by or at the direction of an insured; or
(2) Any clalm based upon or arising out of your knowing, willful or deliberate noncompliance with an
statute, regulation, ordinance, administrative complaint, notice of violation, notice ·letter, executive order,
or instruction of any governmental agency or body.
Thi! exclusion shall not apply to an insured who did not commit, participate in or have knowledge of such
act, omission or noncompliance.
c. Any clalm brought by one insured against any other insured.
d. Any claim based upon or arising out of discrimination by an insured on the basis of race, creed, national
orig:n, disability, age, marital status, sex, or sexual orientation.
e. Any clalm based upon or arising out of any insured's involvement as a partner, officer, director,
stockholder, employ8f or employee of any business enterprise not named in the Declarations.
f. Any claim based upon or arising out of an insured's involvement in professional services rendered to, or
on hehalf of, any organization, or subsidiary or affiliate thereof, not named in the Declarations, which an
insu •ed controls, manages, operates or holds more than a 25% ownership interest in, or which controls,
manages, operates or holds more than a 25% ownership interest in an insured.
g. Any claim based upon or arising out of the design or manufacture of your product.
h. Any claim based upon or arising out of express warranties or guarantoos, provided that this exclusion shall
not apply if loss would have resulted in the absence of such express warranties or guarantees.
i. Any clalm arising out of the insured's requiring, obtaining, maintaining, advising or failing to require, obtain,
mair,tain or advise .at any bond, suretyship or any form of insurance.
j. Any claim arising out of the cost to repair or replace faulty workmanship, assembly, construction, erection,
fabri :ation, installation or remediation if such work is performed in whole or in part by:
(1) .~ insured; or
(2) .~y organization, or subsidiary or affiliate thereof, which an insured controls, manages, operates or
I ,olds more than a 25% ownership interest in, or which controls, manages, operates or holds more than
a 25% ownership interest in an insured.
k. Any clalm based upon or arising out of liability of others assumed by you under any contract or agreement
This exclusion does not apply to liability:
(1) For actual or alleged errors or omissions arising out of professional services rendered by or on behalf
of the insured;
(2) ··hat you would have in the absence of the contract or agreement.
I. Any clalm for any civil, administrative or criminal fines or penalties imposed directly against an insured.
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m. Any •:lalm based upon or arising out of the bankruptcy or insolvency of an insured or of any other person,
firm or organization.
n. Any :lafm for bodily Injury sustained by any of your employees .while employed by you, or by any
pars, ,n whose right to assert a claim against you arises by reason ot any employment, blood, marital, or
any Uher relationship with the employee.
o. Any ,:lalm based upon or arising out of any obligation tor which an insured or any party may be held liable
unde· any employment, workers' compensation, disability benefits, or other similar laws.
p. Any claim based upon or arising out of the entrustment, maintenance, operation, use, loading or
unlo1dlng of any watercraft, aircraft, auto, mobile equipment or rolling stock of any kind, which is owned,
opemted, rented by or loaned to an insured.
q. Any :lalm based upon or arising out of any waste or products or materials which have been delivered to a
locaton beyond the boundaries of a site for which an insured is rendering professional services.
r. Any claim in connection with any real property or facility which is or was at any time owned, operated,
rented, or occupied by you or by any entity that
(1) Wholly or par1Iy owns, operates, manages, or otherwise controls you; or
(2) I ; wholly or partly owned, operated, managed, or otherwise controlled by you.
s. Any :lalm or par1 thereof which may be alleged as covered under this Coverage of this Policy, if we have
acce~ted coverage or coverage has been held to apply for such claim or part thereof under any other
Covt·rage in this Policy.
t. Any -:laim for bodily Injury or property damage resulting from the radioactive toxic or explosive properties
of nuclear material, and for which you are indemnified by the United States Department of Energy or any
othe, government authority, or for which you are provided protection by the Price Anderson Act.
SUPPLEME1'TARY PAYMENTS
1. With res1>ect to Coverages A and 8, we will pay, with respect to any claim we investigate or settle, or any suit
against en insured we defend:
a. All e:cpenses we incur.
b. Up t> $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the
use :lf any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these
bones.
c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of
insuiance. We do not have to furnish these bonds.
d. All masonable expenses incurred by you at our request to assist us in the investigation or defense of the
claim or suit, including actual loss of earnings up to $250 a day because of time off from work, except as
prov dad in paragraph 3, below.
e. All c >sts taxed against you in the suit.
f. Prejudgment interest awarded against you on that part of the judgment we pay. If we make an offer to pay
the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after
the offer.
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g. All interest on the lull amount of any judgment that accrues after entry of the judgment and before we have
pai•l, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of
ins1Jrance.
These payments will not reduce the limits of insurance.
2. With re ,peel to Coverages A and B, if we defend an insured against a suit and an indemnitee of the insured is
also named as a party to the suit, we will defend that indemnitee if all of the following conditions are met:
a. The· suit against the indemnitee seeks damages for which the insured has assumed the liability of the
indumnitee in a contract or agreement that is an Insured contract;
b. Thi,; insurance applies to such liability assumed by the insured;
c. The obligation to defend, or· the cost of the defense of, that indemnitee has also been assumed by the
insL red in the same Insured contract;
d. The allegations in the suit and the information we know about the occurrence are such that no conflict
app9ars to exist between the interests of the insured and the interests of the indemnitee;
e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such
suit and agree that we can assign the same counsel to defend the insured and the indemnitee; and
t. . The indemnitee:
(1) Agrees in writing to:
(a) Cooperate with us in the investigation, settlement or defense of the suit;
(b) Immediately send us copies of any demands, notices, summonses or legal papers received in
connection with the suit;
(c) Notify any other insurer whose coverage is available to the indemnitee; and
;d) Cooperate with us with respect to coordinating other applicable insurance available to the
indemnitee; and
(2) >rovides us with written authorization to:
:a) Obtain records and other information related to the suit; and
•b) Conduct and control the defense of the indemnitee in such suit.
:'lo long as the above conditions are met, attorneys' fees incurred by us in the defense of that
indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by
1 he indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions
of Paragraph 2.b.(2) of Section I • COVERAGE A • BODILY INJURY AND PROPERTY DAMAGE
LIABILITY, such payments will not be deemed to be damages for bodily Injury and property damage
and will not reduce the limits of insurance.
Our obligation to defend an insured's indemnitee and to pay tor attorneys' tees and necessary litigation
uxpenses as SupplementaryPayments ends when:
a. We have used up the applicable limit of insurance in the payment of judgments or settlements; or
Ii. The conditions set forth above, or the terms of the agreement described in Paragraph I. above, are
no longer met.
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3. With resp 1ct to Coverages A, B and D, we will pay up to $500 to each insured for each day or part of a day that
any insur,ld attends as a witness at any trial, deposition, or interrogatory at which we have requested the
insured's attendance, or when such attendance is required by court. This payment shall only apply to appear-
ances inv Jiving claims against an insured. The maximum payalJle amount for such appearances made during
the policy period shall not exceed $5,000 as a total aggregate regardless of how many appearances are actually
made dur ng the policy period, or how many different insureds make appearances, and regardless of any other
tact, circumstance, or situation.
These pa:,ments will not reduce the limits of insurance.
INDEPENDEl~T COUNSEL· COVERAGES A, B AND D
In the event 1,e insured is en@ed by law to select independent counsel to defend the insured at our expense, the
attorney fees and all other litigation expenses we must pay to that counsel are limited to the rates we actually pay to
counsel we rutain in the ordinary course of business in the defense of similar claims in the community where the
claim arose c r is being defended.
Additionally, 110 mayexercise the right to require that such counsel have certain minimum qualffications with respect
to their comp itency including experience in defending claims similar to the one pending against the insured and to
require such :ounsel to have errors and omissions insurance coverage. As respects any such counsel, the insured
agrees that cuunsel will timely respond to our requests for information regarding the claim.
Furthermore, the insured mayat any time, by the insured's signed consent, freely and fully waive its right to select
independent c:ounsel.
SECTION II. , WHO IS AN INSURED
1. Under Cc verages A, B and C, if you are designated .in the Declarations as:
a. An irdividual, you and your spouse are insureds, but only with res~t to the conduct of a business of
whict, you are the sole owner.
b. A pa, tnership or joint venture, you are an insured. Your members, your partners, and their spouses are also
insur,1ds, but only with respect to the conduct of your business.
c. A lim ted lialJility company, you are an insured. Your members are also insureds, but only with respect to the
cond 1ct of your business. Your managers are insureds, but only with respect to their duties as your
man,.gers.
d. An o, ganization other than a partnership, joint venture or limited liability company, you are an insured. Your
executive officers and directors are insureds, but only with res~t to their duties as your officers or
direc:ors. Your stockholders are also insureds, but only with respect to their liability as stockholders.
2. Under Cllverages A, B and C, each of the following is also an insured:
a. Your employees, other than either your executive officers (if you are an organization other than a
partnership, joint venture or limited liability company) or your managers (if you are a limited lialJility
company), but only for acts within the scope of their employment by you or while performing duties related
to thu conduct of your business. However, none of these employees is an insured for:
(1) Bodily Injury or personal and adverttslnglnjury:
(a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if
you are a limited lialJility company), or to another employee while that other employee is either in
the course of his or her employment or while performing duties related to the conduct of your
business;
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(b) To the spouse, child, parent, brother or sister of that other employee as a consequence of
Paragraph (1 )(a) above;
(c) For which there is any obligation to share damages with or repay someone else who must pay
damages because of the injury described in paragraphs (1)(a) or (b) above; or
(d) Arising out of his or her providing or failing to provide professional health care services.
(2) Property damage to property:
(a) Owned, occupied or used by,
(b) Rented to, in the care, custody or control of, or over which physical control is being exercised for
any purpose by
you, any of your employees, any partner or member (if you are a partnership or joint venture) or, any
member (if you are a limited liability company).
b. Any person (other than your employee) or any organization while acting as your real estate manager.
c. Any person or organization having proper temporary custody of your property if you die, but only:
(1) With respect to liability !IJ'iSing out of the maintenance or use of that property; and
(2) Until your legal representative has been appointed.
d. You· legal representative if you die, but only with respect to duties as such. That representative will have all
your rights and duties under the applicable Coverage Section.
3. Under Coverages A, B and C, with respect to mobile equipment registered in your name under any motor
vehicle registration law, any person is an insured while driving such equipment along a public highway with your
permission. Any other person or organization responsible for the conduct of such person is also an insured, but
only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any
kind is available to that person or organization for this liability. However, no person or organization is an insured
with respect to:
a. Bodily Injury to another employee, employed along with the person driving the equipment; or
b. Property damage to property owned by, rented to, in the charge of or occupied by you or the employer of
any :>arson who is an insured under this provision.
4.. Under Coverages A, B and C, any organization you newly acquire or form, other than a partnership, joint
venture Jr limited liability company, and over which you maintain ownership or majority interest, will qualify as a
Named I ,sured if there is no other similar insurance available to that organization. However:
a. Covorage under this provision is afforded only until the 90th day after you acquire or form the organization
or the end of the policy perlOd, whichever is earlier.
b. Covorage A does not apply to bodily Injury or property damage that occurred before you acquired or
formed the organization.
c. Covorage B does not apply to personal and advertising Injury arising out of an offense committed before
you 1cquired or formed the organization.
No person or organization is an insured with respect to the conduct ol any current or past partnership, joint
venture o>r limited liability company that is not shown as the Named Insured in llem 1 of the Declarations.
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5. Under Coverage A, all clients whom you have agreed, by written contract, to include as additional insureds, but
only for liability arising out of your work, and excluding liability arising out of such clients own negligence.
6. Under Coverage D., each of the following is an insured:
a. The person or entity designated as the Named Insured in Item 1 of the Declarations;
b. Any person who is or was a partner, officer, director, stockholder or employee of the Named Insured but
onl~ while rendering professional services on behalf of the Named Insured; and
c. The heirs, executors, administrators, and legal representatives of each insured as defined in paragraphs a.,
and b. above in the event of death, incapacity or bankruptcy of the insured, but only wi!J;l respect to liability
arising out of professional services • rendered by the Named Insured prior to such insured's death,
incapacityor bankruptcy,
SECTION Ill· LIMITS OF INSURANCE AND DEDUCTIBLE
1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the
number Of:
a. lnsu ·eds;
b. Clal 'l'IB made or suits brought; or
c. Per! ons or organizations making claims or bringing suits.
2. The Ger,eral Aggregate Limit is the most we will pay for the sum of:
a, Medical expenses under Coverage C;
b. Darr ages under Coverage A, except damages, other than those covered under paragraph (5) of Exclusion
f., Follution, in Section I., Coverage A, because of bodily lnJury or property damage included in the
proclucts-completed operations hazard ;
c. Darr ages under Coverage B; and
d. LOSH under Coverage D.
3, The Pro lucts-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages
because Of bodily Injury and property damage included in the prOducts-completed operations hazard .
4, Subject · o 2, above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the
sum of all damages because of all personal and advertising Injury sustained by any one person or
organiza· ion.
5, Subject lo 2. or 3, above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of:
a. Damages under Coverage A; and
b, Medical expenses under Coverage C,
because of all bodily Injury and property damage arising out of any one occurrence,
6. Subject to 5, above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A
for damages because of property damage to any one premises while rented to you, or in case of damage by
fire, whil11 rented to you or temporarily occupied by you with permission of the owner.
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7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical ex-
penses because of bodlly Injury sustained by any one person.
8. Subject to 2. above, the Each Loss Limit is the most we will pay under Coverage D for all loss for each covered
claim. If a claim is first made against the insured and reported to us in accordance with Section IV. 2. of this
Policy curing the policy period, within 60 days immediately following the end of the pollcy period, or during
the Extunded Reporting Period, if applicable, any claims reported under a subsequent Policy issued by us or
our affili3te arising out of the same, related, continuous negligent act, error or omission shall be deemed to have
been fir ;t made against the insured and reported to us during the Policy period when the first of such claims
was ma je and reported. The Each Loss Limit of liability of the Policy in effect when the first such claim was
made a11ainst you and reported to us shall apply to an such claims.
Such SL bsequent claims will not be covered under this Policy unless you have maintained Professional Liability
lnsuranc e with us or another member company of American International · Group, Inc. on a successive and
uninterrupted basis since the date the first of such claims was made against you and reported to us.
9. The Deductible amount shown in the Declarations applies to each occurrence or each loss, as the case may
be. Thu Limits of Insurance apply in excess of the Deductible amount You shall promptly reimburse us· for
advanci11g any amounts within your Deductible.
If you and we jointly agree to utilize mediation as a means to resolve a claim made against you, and if such
claim is resolved as a direct result of the mediation, your Deductible obligation shall be reduced by 50% subject
to a ma ,imum reduction of $5,000. We shall reimburse you for any such reimbursable deductible payment
made pr or to the mediation as soon as practicable after the conclusion of the mediation.
10. The Lim ts of Insurance of this Policy apply separately to each consecutive annual period and to any remaining
period c,f less than twelve (12) months, starting with the beginning of the policy period shown in the
Declarat ons. If the pollcy period is extended after Policy inception for an additional period of less than twelve
(12) mouths, the additional period will be deemed part of the last preceding period for purposes of determining
the Limits of Insurance.
SECTION I\', CONDITIONS
1. Bankruptcy
Your ban <ruptcy or insolvency or that of your estate will not relieve us of our obligations under this Policy.
2. Duties Ir, the Event of Occurrence, Offense, Claim or Sult
a. You must see to it that we are notified as soon as practicable in writing of an occurrence, offense or error
or onission which may result in a claim. Notice should include:
(1) How, when and where the occurrence, offense or error or omission took place;
(2) The names and addresses of any injured persons and witnesses; and
(3) The nature and location of any injury or damage arising out of the occurrence, offense or error or
emission.
Notice of an occurrence, offense, or act, error or omission is not notice of a claim.
b. If a claim is made or suit is brought against any insured, you must
(1) Immediately record the specifics of the claim or suit and the date received; and
(2) ~lotify us as soon as practicable.
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You must see to it that we receive written notice of the claim or suit as soon as practicable. If notice is
given verbally, you must confirm such notice to us in writing as soon as practicable, but not later than sixty
(60) days from the date you received the claim.
c. You and any other involved insured must:
(1) lrnmediately send us copies of any demands, notices, summonses or legal papers received in con-
nection with the claim or suit;
(2) t.uthorize us to obtain records and other information;
(3) Cooperate with us in the investigation.or settlement of the claim or defense against the suit; and
(4) tssist us, upon our request, in the enforcement of any right against any person or organization which
may be liable to the insured because of injury or damage to which this insurance may also apply.
d. No ir sureds will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any
expe11se, other than for first aid, without our consent.
3. Reporting of a Possible Claim under Coverage D
If during the policy period, you first become aware of a possible claim, you may provide written notice to us
during the policy period at the address set forth in paragraph 4. below, containing all the information listed
below. J11y possible claim that subsequently becomes a claim shall be deemed for the purpose of this Policy
to have ::,een made during the policy period of this Policy, and such claim shall be subject to the terms,
condition, and limits of coverage of this Policy. You shall cooperate fully with us and any investigation
conducted by us or our authorized representatives and you shall be subject to the terms set forth in Section IV.
paragrapl1 2., above, applicable to a claim.
It is a condition precedent to the coverage afforded by this Section that written notice contain all of the following
information:
1. The ,:ircumstances of the actual or alleged errors or omissions which are the subject of the possible claim;
2. The I>1ofesslonal services which gave rise to 1. above;
3. The ,late(s) of such conduct;
4. The injury or damage which has or may result from such conduct;
5. The identity(s) of the insured(s) who may be subject of the possible claim:
6. The identity(s) of any potential claimant(s);
7. The anticipated location(s) of any such possible claim; and
8. The ,:ircumstances by which you first became aware of the possible claim.
If all the above information is not so provided or is, in our reasonable judgment, deemed inadequate, we shall
inform yc,u in writing that any claim made attar the policy period relating to the circumstances described in the
written noitice will not be considered as covered under this Policy.
4. To WhoIn Notice Shall be Delivered
All NoticE s required under this Section IV. 2. and 3. shall be. reported to:
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Mam.gar, Pollution Insurance Products Unit
AIG · ·echnical Services, Inc.
Envir Jnmental Claims Department
101 Hudson Street, 31st Floor
Jerse,y City, NJ 07302
Fax: [phone]
or other nddress(es) as substiMed by the Company in writing.
5. Legal Ac tlon Against Us
No person or organization has a right under this POiicy:
a. To join us as a party or otherwise bring us into a suit asking for damages from an insured; or
b. To sue us on this Policy unless all of its terms have been fully complied with.
A persor or organization may sue us to recover on an agreed settlement or on a final judgment against an
insured c btained after an actual trial; but we will not be liable for damages that are not payalJle under the terms
of this F'olicy or that are in excess of the applicable limit of insurance. An agreed settlement means a
settleme11t and release of liability signed by us, the insured and the claimant or the claimant's legal
rep re sen ative.
6. Other Insurance
Appllcat le to Coverages A and B
If other valid and collectible insurance is availalJle to an insured for a loss we cover under Coverages A or B of
this Policy, our obligations are limited as follows:
a. Prim 1ry Insurance
This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not
affecIed unless any of the other insurance is also primary. Then, we will share with all that other insurance
by the method described in c. below.
b. Exceas Insurance
This insurance is excess over:
(1) h1y of the other insurance, whether primary, excess, contingent or on any other basis:
(3) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage tor your work;
( J) That is Rre insurance tor premises rented to you or temporarily occupied by you with permission of
the owner;
( :) That is insurance purchased by you to cover your liability as a tenan1 for property damage to
premises rented to you or temporarily occupied by you with permission of the owner; or
( :l) tt the loss arises out of the maintenance or use of aircraft, autos or watercraft to the extent not
subject to Exclusion g. of Section I • COVERAGE A • BODILY INJURY AND PROPERTY DAMAGE
LIABILITY.
( a) Where you are an insured on a Policy for your work performed at a specific job site and that
applies to a specific job site.
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(2) 11ny other primary insurance available to you covering liability for damages arising out of the premises or
operations for which you have been added as an additional insured by attachment of an endorsement to
HJCh other primary insurance.
Whe, this insurance is excess, we will have no duty under Coverage A or B to defend the insured against
any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer
defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other
insurers.
Whe, this insurance is excess over other insurance, we will pay only our share of the amount of the loss,
if an~•. that exceeds the sum of:
(1) ··he total amount that all such other insurance would pay for the loss in the absence of this insurance;
,ind
(2) • ·he total of all deductible and self-insured amounts under such other insurance.
We · Nill share the remaining loss, if any, with any other insurance that is not described in this Excess
Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in
the C >eclarations of this Policy.
C. Mett 10d Of Sharing
If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this
approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of
the loss remains, whichever comes first
If any of the other insurance does not permit contribution by equal shares, we will contribute by limits.
Und1 ,r this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total
appli :able limits of insurance of all insurers.
Appllcat,le to Coverage D
If other , alid insurance, whether callectible or not, is available to the insured for loss covered under the terms
and conclitions of Coverage D., our obligation to the insured shall be as follows:
a. This insurance shall apply as excess insurance over any other valid insurance, whether collectible or not, be
it pr mary or excess including, but not limited to insurance where you are an insured on a Policy
professional services performed by or on your behalf as a specific job site and that applies to a specific job
site. This excess insurance shall in no way be increased or expanded as a result of the receivership,
insol ,ency, or inability to pay of any insurer with respect to beth the duty to indemnify and the duty to
defend.
b. Whe·e this insurance is excess insurance, we will pay only our share of the amount of loss, if any, that
exce 3ds the total anicunt of all such valid insurance, including any applicable deductible or self-insured
amounts under such insurance coverage(s).
You shall promptly upon our request provide us with copies of all policies potentially applicable to loss covered
by Cover age D.
7. Representations
By accepting this Policy, you agree:
a. The ,tatements in the Declarations are accurate and complete;
b. Thoie statements are based upon representations you made to us; and
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c. We, have issued this Policy in reliance upon your representations.
8. Sepamtlon Of Insureds
Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Policy to
the firs· Named Insured, this insurance applies:
a. As if each Named Insured were the only Named Insured; and
b. Separately to each insured against whom claim is made or suit is brought.
9. Subr~atlon
If there is a payment made by the Company under this Policy, the Company shall be subrogated to all the
insured s rights of recovery against any person or organization. The insured shall cooperate with the Company
and do whatever is necessary to secure these rights. The insured shall do nothing after a claim or occurrence
to waivo or prejudice such rights.
Ally rec ovary as a result of subrogation proceedings arising out of payment under this Policy (net of expenses
incurrec in making such recovery) shall accrue first to you to the extent of any payment in excess of the limit of
coverage of the Policy, then pro-rata to you and us in proportion to the amount each actually paid as a result of
judgme11t, settlement or defense of a clalm.
We agrue to waive this right of subrogation against your client to the extent that the you had, prior to a claim or
occurrE nee, a written agreement to waive such rights.
10. Service of Sult
It is agrued that in the event of our failure to pay any amount claimed to be due hereunder, we, at your request,
will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this
conditio11 constitutes or should be understood to constitute a waiver of our rights to commence an action in any
court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to
seek a lransfer of a case to another court as permitted by the laws of the United States or of any state in the
United !itates. It is further agreed that service of process in such suit may be made upon General Counsel,
Legal D1partment, American International Specialty Lines Insurance Company, 70 Pine Street, New York; NY
10270, c,r his Of her representative, and that in any suit instituted against us upon this contract, we will abide by
the final decision of such court or of any appellate court in the event of any appeal.
Further, pursuant to any statute of any state, territory, or district of the United States which makes provision
therefor, we herebydesignate the Superintendent, Commissioner, Director of Insurance, or other officer specified
for that r>urpose in the statute, or his or her successor or successors in office as our true and lawful attorney
upon whom may be served any lawful process in any action, suit or proceeding instituted by or on your behalf
or any b 3neficiary hereunder arising out of this contract of insurance, and hereby designates the above named
General Counsel as the person to whom the said officer is authorized to mail such process or a true copy
thereof.
11. When We Do Not Renew
If we decide not to renew this POiicy, we will mail or deliver to the first Named Insured shown in the
Declarati·>ns written notice of the nonrenewal not less than 30 days before the expiration date. If notice is
mailed, proof of mailing will be sufficient proof of notice.
SECTION V • EXTENDED REPORTING PERIOD • COVERAGE D
1. You may purchase an optional sixty (60) month Extended Reporting Period as described in paragraph 3 below,
only if:
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a. Co ,erage D is cancelled or not renewed for any reason except non-payment of premium;
b. We renew or replace Coverage D with other insurance that provides claims-made coverage with a Retro-
act ve Date later than the one shown in the Declarations; or
c. We replace this Coverage D with other insurance that applies on other than a claims-made basis.
The o~ tional Extended Reporting Period will not reinstate orincrease the Limits of Insurance or extend the
policy >erlod.
2. If you purchase the optional Extended Reporting Period Endorsement, the Extended Reporting Period will be
sixty (&l) months, starting with the end of the pollcy period. We will issue that Endorsement if the first Named
Insured shown in the Declarations:
(1) Mal:es a written request for it which we receive within sixty (60) days after the end of the pollcy period;
and
(2) Promptly pays the additional premium when due.
This op1 ional Extended Reporting Period Endorsement will not take effect unless the additional premium is paid
when dl1e. If that premium is paid when due, the Endorsement may not be cancelled.
The opt anal Extended Reporting Period Endorsement will also amend Section IV. 6. (Other Insurance) so that
the insurance provided will be excess over any other valid and collectible insurance availal>le to the insured,
whether primary, excess, contingent or _on any other basis, whose policy period begins or continues after the
effective date of the Extended Reporting Period Endorsement.
We will :letermine the actual premium for the optional Extended Reporting Period Endorsement in accordance
with our rules and rates. In doing so, we may take into account the following:
a. The oxposuras insured;
b. Previ >us types and amounts of insurance;
c. Limit!; of insurance available under this Coverage Part for future payment of damages; and
d. Othe, related factors.
The prer,ium for the optional sixty (60) month Extended Reporting Period Endorsement will not exceed 200% of
the annual premium and will be fully earned when the Endorsement takes effect.
SECTION VI • DEFINITIONS
1. AdvertJs,1ment means a notice that is broadcast or published to the general public or specific market segments
about yo1Jr goods, products or services for the purpose of attracting customers or supporters.
2. Auto me ans a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any
attached machinery or equipment. But auto does not include mobile equipment.
3. Bodily lr,Jury means, with respect to Coverages A, B, and C, bodily injury, sickness or disease sustained by a
person, iricluding mental anguish or death resulting from any of these at any time.
With respect 10 Coverages D and within the exceptions described in paragraphs (4) and (5) of Exclusion f., Pollution
of Section 1. -COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragrap 2. EXCLUSIONS;
Bodily lnJur)· means physical injury, or sickness, disease, mental anguish or emotional distress sustained by any
person, incluc ing death resulting therefrom.
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4. Ctalm mE ans a written demand received by the insured seeking a remedy and alleging liability. or responsibility on
the part of the insured for compensatory damages under Coverage A or B, or loss under Coverage D. Claim
includes ,, suit. A claim does not include a possible claim that has been reported under a prior policy and, which
has become a claim during the policy period of this Policy as described in Section IV. 3.
5. Claim expenses means:
a. Fees :harged by any lawyer designated by us; and
b. All ot 1er fees, costs and expenses resulting from the investigation, adjustment, defense and appeal of a
claim, tt authorized by us.
Ctalm ex1>Bnses shall not include:
a. The salaries of any employee of ours; and
b. Costs, charges or other expenses incurred by the insured for goods supplied or services performed by or
on behalf of the staff or salaried employees of the insured or its parent, subsidiary or affiliate, unless such
costs charges or other expenses are incurred with the prior written approval of us at our sole discretion.
6. Coveragu territory means:
a. The United States, its territories or possessions, or Canada; or
b. All parts of the world, excluding: Angola, Cuba, Haiti, Iran, Iraq, Libya, Afghanistan, the Democratic Republic
of Su jan or the or the Federal Republic of Yugoslavia (Serbia and Montenegro) if:
(1) T1e injury or damage arises out of goods or products made or sold by you in the territory described in
(!.) above
(2) T 18 insured's responsibility to pay damages is determined in a suit on the merits, in the territory
d 1scribed in a. above or in a settlement to which we agree; or
c. International waters or airspace, provided the injury or damage does not occur in the course of travel or
transportation to or f!om any place not included in a. or b. above.
With respalCt to claims subject to Paragraph b. above:
a. We s 1all have the right but not the duty to investigate, defend, or settle such claims. If we do not exercise
this right, you shall, under the our supervision, make such investigation and defense as is reasonably
necei,sary. Subject to prior written authorization by us, you may also effect settlement. We shall reimburse
you for the reasonable costs of such actions, subject to all other provisions of this Policy.
b. This nsurance shall not serve as proof of insurance: (i) in any country where non-admitted insurance is
prohihited by local applicable law; or (ii) without our prior written consent.
c. In ou, sole discretion we may issue proof of insurance documents to a third party upon your request, but we
are n•>t obligated to do so.
7. Employe I includes a leased worker and a temporary worker.
8. Executlv• t officer means a person holding any of the officer positions created by your charter, constitution,
by-laws o • any other similar governing document.
9. Hostile fire means one which becomes uncontrollable or breal<s out from where it was intended to be.
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10. lmpalrec property means tangible property, other than your product or your work, that cannot be used or is
less use!JI because:
a. It incorporates your product or your work that is known or thought to be defective, deficient, inadequate
or de ngerous; or
b. You :,ave tailed to fulfill the terms of a contract or agreement; if such property can be restored to use by:
(1) 1 he repair, replacement, adjustment or removal of your product or your work or
(2) Your fulfilling the terms of the contract or agreement.
11. Insured contract means:
a. A cc ntract for a lease of premises. However, that portion of the contract for a lease of premises that
indemnifies any person or organization for damage by fire to premises while rented to you or temporarily
occL pied by you with permission of the owner is not an Insured contract;
b. A sicletrack agreement;
c. Any easement or license agreement, except in connection with construction or demolition operations on or
withi, fifty (50) feet of a railroad;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a
muni :ipality;
e. An e evator maintenance agreement;
f. That part Of any Other contract or agreement pertaining to your business (including an indemnification. of a
muni :ipality in connection with work performed for a municipality) under which you assume the tort liability
of another party to pay for bodily Injury or property damage to a third person or organization. Tort liability
mear,s a liability that would be imposed by law in the absence of any contract or agreement.
Para,1raph f. does not include that part of any contract or agreement:
(1) That indemnifies a railroad for bodily Injury or property damage arising out of construction or
c emolitlon operations, within fifty (50) feet of any railroad property and affecting any railroad bridge or
t·estie, tracks, road-beds, tunnel, underpass or crossing;
(2) 7 'hat indemnifies an architect, engineer or surveyor for injury or dan,age arising out of:
(a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports,
surveys, field orders, change orders or drawings, or specifications; or
( b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or
damage; or
(3) Under which the insured, if an architect, engineer or surveyor, assumes liability for any injury or
clamage arising out of the insured's rendering or failure to render professional services, including those
I sted in (2) above and supervisory, inspection, architectural or engineering activities.
12. Leased ·Norker means a person leased to you by a labor leasing firm under an agreement between you and the
labor lea,lng fim,, to perform duties related to the conduct of your business. Leased worker does not include
a temporary worker .
13. Loading or unloading means the handling of property:
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a. Alter t is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or
auto;
b. While it is in or on an aircraft, watercraft or auto; or
c. While it is being moved from an aircraft, watercraft or auto to the place where it is finally delivered;
but lcadlng or unloading does not include the movement of property by means of a mechanical device,
other than a hand truck, that is not attached to the aircraft, watercraft or auto.
14. Loss, as Jsed in Coverage D, means:
a. Mone l3ry awards or settlements of compensatory damages, but does not include injunctive or equitable
relief, or the return of fees or other charges for services rendered;
b. Costs, charges and expenses incurred in the defense, investigation or adjustment of claims for such com-
pensltory damages.
15. Mobile Equipment means any of the following types of land vehicles, including any attached machiner equip-
ment:
a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads;
b. Vehicles maintained for use solely on or next to premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted:
(1) Fower cranes, shovels, loaders, diggers or drills; or
(2) F .oad construction or resurfacing equipment such as graders, scrapers or rollers;
e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained primarily to
provi,le mobility to permanently attached equipment of the following types:
(1) ~ir compressors, pumps and generators, including spraying, welding, building cleaning, geophysical
exploration, lighting and well servicing equipment; or
(2) C:herry pickers and similar devices used to raise or lower workers;
f. Vehic:les not described in a., b., c., or d. above maintained primarily for purposes other than the transpor-
tatior of persons or cargo.
Howover, sell-propelled vehicles with the following types ot permanently attached equipment are not moblle
equl1>ment but will be considered autos:
(1) E:quipment designed primarily for:
( a) Snow removal;
(b) Road maintenance, but not construction or resurfacing;·
(c) Street cleaning;
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(2) Charry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower
workers; and
(3) p.jr compressors, pumps and generators, including spraying, welding, building cleaning, geophysical
exploration, lighting and well servicing equipment.
16. Natural resource damage means physical injury to or destruction of, including the resulting loss of value of,
land, fis1, wildlife, biota, air, water, groundwater, drinking water supplies, and other such resources belonging to,
manage:! by, held in trust by, appertaining to, or otherwise controlled by the United States (including the
resourcos of the fishery conservation zone established by the Magnuson-Stevens Fishery Conservation and
Manage nant Act (16 U.S.C. 1801 at seq.)), any state or local government, any foreign government, any Indian
tribe, or, if such resources are subject to a trust restriction on alienation, any member of an Indian tribe.
17. Nuclear material means source material special nuclear material, or by-product material.
18. Cecum nee means an accident, including continuous or repeated exposure to substantially the same genera
harmful :onditions.
19. Persom,I and advertising Injury means injury, including consequential bodily Injury, arising out of one or
more of the following offenses:
a. Fals,i arrest, detention or imprisonment;
b. Mali,:ious prosecution;
c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room,
dwelling or premises that a person occupies by or on behalf of its owner, landlord or lessor;
d. Oral or written publication of material that slanders or libels a person or organization or disparages a
per~>n's or organization's goods, products or services; or
a. Oral or written publication of material that violates a person's right of privacy.
f. The Jse of another's advertising idea in you, advertisement; or
g. Infringing upon another's copyright, trade dress or slogan in your advertisement.
20. Polley period means the period set forth in Item 2 of the Declarations, or any shorter period arising as a result
of cancellation of this Policy.
21. Pollutan 18 mean any solid, liquid, gaseous or
fumes, 1.cids, alkalis, chemicals and waste.
reclaime<I.
thermal irritant or contaniinant, including smoke, vapor, soot,
Waste includes materials to be recycled, reconditioned or
22. Possible claim means actual or alleged errors or omissions arising out of professional services commencing
on or aftor the Retroactive Date stated in the Declarations which are reasonably expected to result in a claim
under Coverage D. and as referenced in Section IV. Paragraph 3. Reporting of a Possible Claim under
Coverage D.
23. Product&. -completed operations hazard:
a. lnciu1 las all bodily Injury and property damage occurring away from premises you own or rent and arising
out o·' your product or your work except: ·
(1) Froducts that are still in your physical possession; or
(2) V fork that has not yet been completed or abandoned. However your work will be deemed completed
a: the earliest of the following times:
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(a) \Vhen all of the work called !or in your contraci has been completed;
(b) \Vhen all of the work to be done at the job site has been completed if your contract calls for work at
r nore than one job site; or
(c) \Vhen that part of the work done at a job site has been put to its intended use by any person or
c,rganization other than another contractor or subcontractor working on the same projeci.
\Vork that may need service, maintenance, correction, repair or replacement, but which is otherwise
c:omplete, will be treated as completed.
b. Doe,i not include bodily Injury or property damage arising out of:
(1) ·110 transportation of property, unless the injury or damage arises out of a condition in or on a vehicle
riot owned or operated by you, and that condition was created by the loading or unloading of that
1 ·ehicle by any insured;
(2) ·110 existence of tools, uninstalled equipment or abandoned or unused materials; or
(3) Products or perations for which the classification in this Coverage Part or in our manual of rules
i,icludes products or completed operations.
24. Profesal )nal services means those architeciural, engineering, consulting, project management or construction
managec1ent services, including those as set forth in the application, or other services as specifically defined by
endorser,ent to this Policy, that are performed for a fee by you or on your behalf.
25. Prope~ damage means:
a. Physical injury to or destruction of tangible property of parties other than the insured, including all resulting
loss )f use and diminution of value thereof. All such loss of use shall be deemed to occur at the time of the
phys cal injury that caused it; or
b. Loss of use of tangible property, but not diminution of value, that is not physically injured. All such Joss of
use ::hall be deemed to occur at the time of the occurrence that caused it;
c. Natural resource damage; or
d. Solely with respect to coverage within the scope of paragraphs (4) and (5) of Exclusion f., Pollution, in
Section I., Coverage A, 2. Exclusions, property damage also means those costs or expenses arising out of
the t3sting, monitoring, clean up, removal, containment, treatment, detoxification, neutralization or other re-
sponse to or assessment of the effect of pollutants.
26. Source naterlal, special nuclear material and by-product material have the meanings given them in the
Atomic Energy Aci.
27. Sult merns a civil proceeding in which damages are alleged. Sult includes:
a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does
subn ,it with our consent; or
b. Any )!her alternative dispute resolution proceeding in which such damages are claimed and to which the
insur 3d submits with our consent.
28. Tempomry worker means a person who is furnished to you to substitute for a permanent employee on leave
or to me11t seasonal or shOrt • term workload conditions.
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29. Waste I llsposal sites means sites utilized for the purpose of the disposal, handling, storage, processing, or
treatmer t of any waste, whether hazardous or not and whether authorized or not.
30. Your product means:
a. Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed by:
(1) 'fou;
(2) )thers trading under your name; or
(3) .~ person or organization whose business or assets you have acquired; and
b. Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or
prod Jets. ·
Your product includes:
a. Warranties or representa1ions made at any time with respect to the fitness; qualtty, durability, performance
or u!:e of your product; and
b. The providing of or failure to provide warnings or instructions.
Your product does not include vending machines or other property rented to or located for the use of others
but not said.
31. Your work means:
a. Worl: or operations performed by you or on your behalf; and
b. Mate rials, parts or equipment furnished in connection with such work or operations.
Your we rk includes:
a. Warr3nties or representations made at any time with respect to the fitness, quality, durability, performance
or urn of your work; and
b. The ,roviding of or failure to provide warnings or instructions.
The remaind,ir of this page has been intentionally lelt blank. Policy Signature Page shall immediately follow.
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POLICY SIGNATURE PAGE
This Polley S gnature Page,
forms a part of Polley No: PROP 6712691
By signing bel 1w, the President and the Secretary of the Insurer agree on behalf of the Insurer to all the terms of this
Policy.
~~-»(. ?IUJt..
··----1... ---...
l, Secretary
American International Specialty
Lines Insurance Company
President
American International Specialty
Lines Insurance Company
This Policy shall not be valid unless signed at the time of issuance by an authorized representative of the Insurer, either
below or on the Declarations page of the Policy.
/~.:~--;«?
Authori d Rep •esentative
86697 (9/04)
Cl2469
AIG ENVIRONMENTAL
NOTICE OF LOSS/NOTICE OF CLAIM
INSTRUCTIONS: PLEASE ATTACH ALL CORRESPONDENCE RELATING TO THIS NOTICE OF LOSS AND MAIL
COPIES OF THIS IIOTICE TO THE ADDRESS BELOW:
Date of Notice:
Manager, Pollution Insurance Products Unit
AIG Technical Services, Inc.
Environmental Claims Department
101 Hudson Street, 31st Floor
Jersey City, NJ 07302 •
NAMED INSUREC•: APEX COMPANIES, LLC
ADDRESS OF
INSURED: 15850 CRBBS BR WAY STE 20
DERWOOD, MD 20855-2616
TELEPHONE: ( ) _____ _
CONTACT:
BROKER NAME: WACHOVIA INSURANCE SERVICES INC
BROKER
ADDRESS: 1660 W 2ND ST # 700
CLEVELAND, OH 44113-1441
TELEPHONE: ( · ) _____ _
CONTACT:
POLICY INFORM,TION:
Policy Number: PHOP6712691
Policy Period: Fron,: June 15, 2007
Loss Information:
Loss Location:
To: June 15, 2008
Date & Description of Loss: -------------------------------
For AIG Use Only:
Date Claim Notice Received: _________ _
Date of Claim:
Company/Person Filing Suit (if applicable): _________________________ _
NOTE: Any per sen who knowingly files a Statement of Claim containing any false or misleading information is subject to
criminal and civil ,.en a/ties.
Cl1141 (09100)
ENDORSEMENT NO. 1
This endorsemHnt, effective 12:01 AM, June 15, 2007
Forms a part ol Polley No: PROP 6712691
Issued to:. APEX COMPANIES, LLC
By: AMERICA!\ INTERNATIONAL SPECIALTl' LINES INS. CO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TERRORISM EXCLUSION -ALL TERRORISM {INCLUDING CERTIFIED ACTS OF TERRORISM)
EXCLUSION ENDORSEMENT
Pursuant to the ·equirements of the Terrorism Risk Insurance Act of 2002, the "Act," the Insured has been provided
notice that the lr,sured may elect to purchase coverage for loss covered under this Policy arising directly or indirectly
as a result of a certified "act of terrorism" as defi,:,ed by Section 102. Definitions, of the Act and any revisions or
amendments the, eto and the premium charge for such coverage.
After receiving such notice, the Insured has elected not to purchase coverage for such certified "acts of terrorism" and
has agreed to t,e inclusion of a Terrorism Exclusion. Therefore, this Policy is amended to include the following
exclusion:
The Com pan I has no obligation to make any payment or to provide or to pay for a defense under this Policy due to
or arising di, ectly or indirectly as a result of or in connection with Terrorism including but not limited to, any
contemporan 3ous or ensuing loss caused by fire, looting, or theft.
Terrorism means the use or threatened use of force or violence against person or property, or commission of an
act dangeroLs to human life or property, or commission of an act that interferes with or disrupts an electronic or
communication system, undertaken by any person or group, whether or not acting on behalf of or in connection with
any organia ion, government, power, authority or military force, when the effect is to intimidate, coerce or harm a
government, the civilian population or any segment thereof, or to disrupt any segment of the economy.
The defined · arm Terrorism shall specifically include, but is not limited to, the following definition of a certified "Act
of Terrorism" defined by Section 102. Definitions, of the Terrorism Risk Insurance Act of 2002 and any revisions or
amendments thereto:
(1) Act of Terrorism -
(A) Certilication. -The term "act of terrorism" means any act that is certified by the Secretary of the Treasury
of th•! United States, in concurrence with the Secretary of State, and the Attorney General of the United
States -
(i) Ill be an act of terrorism;
(ii) Ill be a violent act or an act that is dangerous to -
(I) human lije;
(II) property; or
(111) infrastructure;
(iii) to have resulted in damage within the United States, or outside of the United States in the case of -
81268 (12/02)
Cl1966
(I) an air carrier or vessel described in paragraph (5)(8); for the convenience of this endorsement,
paragraph (S)(B) reads: occurs to an air carrier (as defined in Section 40102 of title 49, United
States Code) to a United States flag vessel (or a vessel based principally in the United States, on
which United States income tax is paid and whose insurance coverage is subject to regulation in the
United States), regardless of where the less occurs, or at the premises of any United States
misSion;
(II) the premises of a United States misSion; and
PAGE 1 OF 2
FOR USE TO EXCLUDE ALL TERRORISM REJECTION OF CERTIFIED ACTS OF TERRORISM.
ENDORSEMENT NO. 1 (Continued)
(iv) tc have been committed by an individual or individuals acting on behalf of any foreign person or foreign
interest, as part of an effort to coerce the civilian population of the Un~ed States or to influence the
p<>licy or affect the conduct of the United States Government by coercion.
(B) Lim~Hion. • No act shall be certified by the Secretary as an act of terrorism ~ •
(i) tt e act is committed as part of the course of a war declared by the Congress, except that this clause
sl1all not apply with respect to any coverage for workers' compensation; or
(ii) p ·operty and casualty insurance losses resulting from Iha act, in the aggregate, do not exceed
$ ;,000,000.
(C) Detarninations Final. • Arly certification of, or determination not to ·certify, an act as an act of terrorism
under this paragraph shall be final, and shall not be subject to judicial review.
(D) Nond ilegation. • The Secretary may not delegate or designate to any other officer, employee, or person,
any c etermination under this paragraph of whether, during the -effective period of the Program, an act of
terror sm has occurred.
'" --,ooo,m, """-,~.,, """' .-""-·h .p...,,.;,;;,
AUTH IZED REPRESENTATIVE
or countersignature (in states where applicable)
81268 (12/02)
Cl1966
FOR USE TO ECCLUDE ALL TERRORISM REJECTION OF CERTIFIED ACTS OF TERRORISM.
PAGE 2 OF 2
ENDORSEMENT NO. 2
This endorsemmt, effective 12:01 AM, June 15, 2007
Forms a pan 01 Polley No: PROP 6712691
Issued to: APl:X COMPANIES, LLC
By: AMERICMI INTERNATIONAL SPECIAL TY LINES INS. CO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MICROBIAL MATTER· DEFINED ENDORSEMENT
This endorseme11t modifies insurance provided under the following:
It is hereby agreud as follows:
COMMERCIAL GENERAL LIABILITY AND
PROFESSIONAL LIABILITY COVERAGE FORM
1. Section VI, [1EFINITIONS, Paragraph 21, pollutants, is deleted in its entirety and replaced with the following:
21. Pollutants mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapors, soot,
fumes, E cids, alkalis, toxic chemicals, medical waste and waste materials. Waste includes materials to be
recycled, reconditioned or reclaimed. Pollutants shall include microbial matter.
2. Section VI, llEFINITIONS, Paragraph 24, Professional services, is deleted in its entirety and replaced with the
following:
24. Professl,,nal services means those architectural, engineering, consulting, project management or construction
management services, including those as set forth in the application, or other services as specificaJly defined by
endorsement to this Policy, that are performed for a fee by you or on your behalf. Professional services shall
include SJCh services rendered involving microbial matter.
3. The following is added as microbial matter, of Section VI, DEFINITIONS:
32. Mlcrobla I matter means fungi, bacterial or viral matter which reproduces through the release of spores or the
splitting 111 cells or other means, including but not limned to, mOld, mildew and viruses, whether or not such
mlcrobla I matter is living .
• , ,.., "=· ·-·· .. ='"'""' '""' """",. ·-~
--~A~U"cT-H=""1z=E:::D--:R=-=E=P:-::R:-::Ec::S-=EN'"'T:::-A:-::T=1v:-::E=---
81678 (3/03)
Cl2038
or countersignature (in states where applicable)
PAGE 1 OF 1
ENDORSEMENT NO. 3
This endorsemont, effecdve 12:01 AM, June 15, 2007
Forms a part of Polley No: PROP 6712691
Issued to: APEX COMPANIES, LLC
By: AMERICA!\ INTERNATIONAL SPECIAL TY LINES INS. CO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMON POLICY CONDITIONS ENDORSEMENT
All Coverage Par ts included in this Policy are subject to the following conditions.
A Cance Ila Lion
1. The first Named Insured shown in the Declarations may cancel this Policy by mailing or delivering to us
adva nee written notice of cancellation.
2. We may cancel this Policy by mailing or delivering to the first Named Insured written notice of cancellation
at least:
11. 1 O days before the effective date of cancellation if we cancel for nonpayment of premium; or
II. 30 days before the effective date of cancellation if we cancel for any other reason.
3. We will mail or deliver our notice to the first Named lnsured's last mailing address known to us.
4. Notic:a of cancellation will state the effective date of cancellation. The Policy period will end on that data.
5. If thi l Policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the
rafur,d will be pro rata. If the first Named Insured cancels, the refund may be lass than pro rata. The cancal-
latior I will be affective even if we have not made or offered a ralund.
6. If no· ice is mailed, proof of mailing will be suHiciant proof of notice.
8. Changes
This Policy contains all the agreements between you and us concerning the insurance afforded. The first
Named Insured shown in the Declarations is authorized to make changes in the terms of this Policy with our
consent. This Policy's terms can be amended or waived only by endorsement issued by us and made a part of
this Policy.
C. Examina::ion Of Your Books And Records
We may examine and audit your books and records a:s they relate to this Policy at any time during the Policy
period and up to three years afterward.
D. lnspecticns And Surveys
1. We heve the right to:
IL 00 17 11 98
Cl1436
PAGE 1 OF 2
Copyright, Insurance Services Office, Inc., 1998
ENDORSEMENT NO. 3 (Continued)
a. Make inspections and surveys at any time;
b. Give you reports on the conditions we find; and
c. Recommend changes.
2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions
we do undertake relate only to insurability and the premiums to be charged. We do not make safety
ins~ actions. We do not undertake to perform the duty of any person or organization to provide for the health
or safety of workers or the public. And we do not warrant that conditions:
a. Are sate or healthful; or
b. Comply with laws, regulations, codes or standards.
3. Pamgraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or
simi ar organization which makes insurance inspections, surveys, reports or recommendations.
4. Par,,graph 2. of this condition does not apply to any inspections, surveys, reports or recommendations we
may make relative to ·certification, under state or municipal statutes, ordinances or regulations, of boilers,
pressure vessels or elevators.
E. Premiums
The first Named Insured shown in the Declarations:
1. Is responsible for the payment of all premiums; and
2. Will le the payee for any return premiums we pay.
F. Transfer Of Your Rights And Duties Under This Policy
Your rights and duties under this Policy may not be transferred without our written consent except in the case of
death of an individual named insured.
If you di,1, your rights and duties will be transferred to your legal representative but only while acting within the
scope 01 duties as your legal representative. Until your legal representative is appointed, anyone having proper
tempora,y custody of your property will have your rights and duties but only with respect to that property.
All other terms, conditions, and exclusions shall remain the same. _/
,{ ~ -P-u,a·u4
IL00171198
Cl1436
---=--"'--,C..,;1-------------A UT H IZEO REPRESENTATIVE
or countersignature (in states where applicable)
PAGE 2 OF 2
Copyright, Insurance Services Office, Inc .. 1998
ENDORSEMENT NO. 4
This endorsemEnt, effective 12:01 AM, June 15, 2007
Forms a pan of Polley No: PROP 6712691
Issued to: APEX COMPANIES, LLC
By: AMERICAN INTERNATIONAL SPECIAL TY LINES INS. CO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -MANAGERS OR LESSORS OF PREMISES
This endorsemer t modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
1. Designation of Premises ( Part Leased to You): Blanket where required by written contract
2. Name of Penon or Organization ( Additional Insured): Blanket where required by written contract
3. Additional Pr,imium: 0
(If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
WHO IS AN IN SURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule but on y with respect to liability arising out of the ownership, maintenance or use of that part of the premises
leased to you an,! shown in the Schedule and subject to the following additional exclusions:
This insurance d•>BS not apply to:
1. Any "occurrrnce" which takes place after you cease to be a tenant in that premises.
2. Structural alterations, new construction or demolition operations performed by or on behalf of the person or organ-
ization shown in the Schedule.
All other terms, c:onditions, and exclusions shall remain the same.
78009 (5/01)
Cl1440
CG 20 11 01 96
AUTH IZEO REPRESENTATIVE
or counterSignature (in states where applicable)
PAGE 1 OF 1
Copyright, Insurance Services Office, Inc .. 1994
ENDORSEMENT NO. 5
This endorsement, effective 12:01 AM, June 15, 2007
Forms a pan of Policy No: PROP 6712691
Issued to: APEX COMPANIES, LLC
By: AMERICAN INTERNATIONAL SPECIALTY LINES INS. CO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SCHEDULED WATERCRAFT ENDORSEMENT
This endorsemer t modifies insurance provided under the following:
Description of ,vatercraft:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
1991 20 Foot Ocean Scout DCM20010D191
Addltlonal Prerr lum:
(If no entry app<iars above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
1. Exclusion g. of COVERAGE A (Section I) does not apply to any watercraft owned or used by or rented to the
insured shov,n in the Schedule.
2. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization legally respon-
sible for the use of any such watercraft you own, provided the actual use is with your permission.
All other terms, ;onditions, and exclusions shall remain the same. . -/J ~ 1'~'4·«4
78008 (6/01)
Cl1439
CG 24 12 11 BE
----'A'-U"'-T-~--,,,;.l,,__Z_E_D_R_E_P_R_E_S_E_N_T_AT_I_VE __ _
or countersignature (in states where applicable)
PAGE 1 OF 1
Copyright, Insurance Services Office, Inc. 1984
ENDORSEMENT NO. 6
This endorsemont, effective 12:01 AM, June 15, 2007
Forms a pan of Polley No: PROP 6712691
Issued to: APEX COMPANIES, LLC
By: AMERICAN INTERNATIONAL SPECIAL TY LINES INS. CO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED / PRIMARY COVERAGE ENDORSEMENT
This endorsemer t modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY AND
PROFESSIONAL LIABILITY POLICY
In consideration of an additional premium of $0 it is hereby agreed that the following is included as an Additional Insured
as respects Covurage A and B but only as respects liability arising out of your work for the Additional Insured by or for
you.
Additional lnsure<I:
Blanket where re, 1uired by written contract
This does not apply to bodily Injury or property damage arising out of the sole negligence or willful misconduct of, or
for defects in des gn furnished by, the Additional Insured.
As respects the coverage afforded the Additional Insured, this insurance is primary and non-contributory, and our
obligations are rot affected by any other insurance carried by such Additional Insured whether primary, excess,
contingent, or on any other basis.
This endorsemen-· does not increase the Company's limits of liability as specified in the Declarations of this policy.
All other terms, cnnditions, and exclusions shall remain the same. ✓
~,/~"'·M
90667 (04/06)
Cl2791
---=-A-=Ue._T_~__,,-:,JIZc....E_D_R_E_P_R_E_S_E_NT_A_T_I_VE __ _
or countersignature (in states where applicable)
\
PAGE 1 OF 1
ENDORSEMENT NO. 7
This endorsemunt, effective 12:01 AM, June 15, 2007
Forms a part of POiiey No: PROP 6712691
Issued to: APEX COMPANIES, LLC
By: AMERICAN INTERNATIONAL SPECIALTY LINES INS. CO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
NAMED INSURED ENDORSEMENT
It is agreed the following are added to Item 1 of the Declaration as Named Insureds:
Apex Environmental, Inc.
Apex Companies, LLC
Apex Shares, LLC
BPCP Apex Holdings, Inc.
Bluepex Hold,ngs, LLC
Apex Engineering, PC
SI Utility Group, LLC
Southeast Utilities, Inc.
SI Group, Inc.
All other terms, conditions, and exclusions shall remain the same.
AUTH IZED REPRESENTATIVE
or countersignature (in states where applicable)
90520 (02/06)
Cl2780
Page 1 of 1
ENDORSEMENT NO. 8
This endorsemrnt, effective 12:01 AM, June 15, 2007
Forms a part of Polley No: PROP 6712691
Issued to: APEX COMPANIES, LLC
By: AMERICAN INTERNATIONAL SPECIALTY LINES INS. CO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONDITION OF PAYMENT ENDORSEMENT
It is hereby agre lei that any payment under this Policy shall only be made in full compliance with all United States of
America aconom c and trade sanction laws or regulations, including, but not limited to, sanctions, laws and regulations
administered and enforced by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC").
All other terms, oinditions, and exclusions shall remain the same. _/ ~ • •
A 4_ 3/--'U'4~
AUTH IZED REPRESENTATIVE
or countersignature (in states where applicable)
.90365 ( 1/06)
Cl2770
PAGE 1 OF 1
ENDORSEMENT NO. 9
This endorsem11nt, effective 12:01 AM, June 15, 2007
Forms a part of Polley No: PROP 6712691
Issued to: APEX COMPANIES, LLC
By: AMERICAN INTERNATIONAL SPECIALTY LINES INS. CO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PER PROJECT GENERAL AGGREGATE (Excluding Pollution & E&O)
In consideration •>f $0 additional premium, the General Aggregate Limit under LIMITS OF INSURANCE (SECTION Ill)
applies separate! 1 to each of your projects away from premises owned by or rented to you; except with respect to loss
arising out of Co· ,erage D, and to bodily Injury or property damage within the exceptions described in sub-paragraphs
(4) and (5) of Ex:luslon f., Pollution of SECTION 1. -COVERAGE A-BODILY INJURY AND PROPERTY DAMAGE
LIABILITY, ParaJraph 2. EXCLUSIONS.
All other ierms, c Jnditions, and exclusions shall remain the same. _/
~j~o-M
78035 (5/01)
Cl1466
. __ ..c.A_,Ue...T-~-A~IZc....E_D_R_E_P_R_E_S_E_NT_A_TI_V_E __ _
or countersignature (in states where applica!Jle)
PAGE 1 OF 1
ENDORSEMENT NO. 10
This endorsem,int, effective 12:01 AM, June 15, 2007
Forms a pan of Policy No: PROP 6712691
Issued to: APEX COMPANIES, LLC
By: AMERICAN INTERNATIONAL SPECIAL'TY LINES INS. CO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF SUBROGATION • SPECIFIC PERSON OR ORGANIZATION
This endorsemerit modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY AND PROFESSIONAL LIABILITY POLICY
SCHEDULE
Name of Pers<ir1 or Organization:
Where required lly written contract
(If no entry app11ars above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement)
It is hereby agreuf that SECTION IV, Conditions, paragraph 9. Subrogation is amended to include the following:
We agree to waive this right of subrogaijon against the person or organization shown in the Schedule above to the
extent that you had, prior to an occurrence or claim, a written agreement to waive such rights.
All other terms, conditions, and exclusions shall remain the same.
AUTH IZEO REPRESENTATIVE
or countersignature (in states where applicable)
78011 (5/01)
Ci1442
Includes copyrighted material of Insurance Services
Otticas, Inc., with its permission.
Insurance Services Office, Inc., 1992
PAGE 1 OF 1
ENDORSEMENT NO. 11
This endorsement, effective 12:01 AM, June 15, 2007
FOrms a part Of Polley No: PROP 6712691
Issued to: APEX COMPANIES, LLC
By: AMERICAN INTERNATIONAL SPECIALTY LINES INS. CO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUUY.
MINIMUM EARNED PREMIUM ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY AND PROFESSIONAL LIABILITY POLICY
It is hereby agreed that in the event of cancellation by the insured, or cancellation by the insurer for non-payment of
premium, this Po icy shall be subject to a minimum earned premium of 25% of the amount shown in Item 7 of the
Declarations.
All other terms, conditions, and exclusions shall remain the same. -/
~,/~aa-~
78018 (5/01)
Cl1449
· ---'A'--u"'T-~-s.1""z_E_D_R_E_P_R_E"""'S-cEc-Nc-T-A-=T=-1vc-E---
or countersignature (in states where applicable)
PAGE 1 OF 1
ENDORSEMENT NO. 12
This endorsem1,nt, effective 12:01 AM, June 15, 2007
Forms a part of Policy No: PROP 6712691
Issued to: APl:X COMPANIES, LLC
By: AMERICAN INTERNATIONAL SPECIALTY LINES INS. CO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAR EXCLUSION ENDORSEMENT
1. It is hereby agreed that the following exclusion is added to SECTION I -COVERAGES, COVERAGE B. • PER-
SONAL ANCI ADVERTISING INJURY LIABILITY, Subsection 2,, Exclusions:
Arising direc Jy or indirectly as a result of or in connection with war, whether declared or not, or any act or condition
incident to war. War includes civil war, insurrection, act of foreign enemy, civil commotion, factional civil commotion,
military or usurped power, rebellion or revolution.
2. It is hereby agreed that the following exclusion is added to SECTION I -COVERAGES, COVERAGE C.
MEDICAL P.WMENTS, Subsection 2., Exclusions:
Arising direc ly or indirectly as a result of or in connection with war, whether declared or not, or any act or condit[on
incident to W!ll'. War includes civil war, insurrection, act of foreign enemy, civil commotion, factional civil commotion,
military or usurped power, rebellion or revolution.
3. It is hereby c greed that the following exclusion is added to SECTION I -COVERAGES, COVERAGE D. - PROFES-
SIONAL LIABILITY, Subsection 2., Exclusions:
Arising direc·ty or indirectly as a result of or in connection with war, whether declared or not, or any act or condition
incident to ,iar. War includes civil war, insurrection, act of foreign enemy, factional civil commotion, military or
usurped power, rebellion or revolution.
All other terms, conditions, and exclusions shall remain the same.
AUTH IZED REPRESENTATIVE
or countersignature (in states where applicable)
79108 (12/01)
Cl1635
PAGE 1 OF 1
ENDORSEMENT NO. 13
This endorsem,mt, effective 12:01 AM, June 15, 2007
Forms a part ol POiiey NO: PROP 6712691
Issued to: APl:X COMPANIES, LLC
By: AMERICAA INTERNATIONAL SPECIALTY LINES INS. CO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DEDUCTIBLE LIABILITY INSURANCE
SPLIT DEDUCTIBLE
This endorseme11t modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Coverage Amount and Basis ol Deductlble
Bodily Injury Liability
Property Damag1, Liability
Bodily Injury Liability and Property
Coverage A & B Claims
(except pollution claims)
per clalm
per occurrence
per claim
per occurrence
per clalm
Damage Liability Combined $0.00 per occurrence
Coverage A
Pollution Claims
$75,000.00
(If no entry apl)foars above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
APPLICATION •JF ENDORSEMENT (Enter below any limitations on the application of this endorsement. If no
limitation is enter-3d, the deductibles apply to damages for all bodlly Injury and property damage hOwever caused):
Appllcab le to Coverage A & B only,
A. Our obligation under the Bodily Injury Liability and
Property Damage Liability Coverages to pay dam-
ages on your behalf applies only to the amount of
damages in excess of any deductible amounts
stated in th11 Schedule above as applicable to
such coverages.
B. You may set act a deductible amount on either a
"per claim" or a "per occurrence" basis. Your se-
1ao1 o (5/01)
Cl1441
!acted deductible applies to the coverage option
and to the basis of the deductible indicated by the
placement of the deductible amount in the Sche-
dule above. The deductible amounts stated in the
Schedule apply as follows:
1. PER CLAIM BASIS · If the deductible amount
indicated in the Schedule above is on a per
claim basis, that deductible applies as follows:
PAGE 1 OF 2
ENDORSEMENT NO. 13 {Continued)
a. l nder the Bodily Injury Liability Cover-
a~e. to all damages sustained by any
one person because of bodily In-
jury;
b. l lnder Property Damage Liability Cov-
e rage, to all damages sustained by
any one person because of property
<lamage; or
c. Linder Bodily Injury Liability and/or
F roperty Damage Liability Coverage
combined, to all damages sustained
ty any one person because of:
( I) bOdily Injury;
(:!) property damage; or
(-1) bodily Injury and property dam-
age combined as the result of any
one occurrence.
II damages are claimed for care, loss
cf services or death resulting at any
time from bodily Injury, a separate
c eductible amount will be applied to
Each person making a claim for such
carnages.
With respect to property damage, per-
son i 1cludes an organization.
2. PER OCCURRENCE BASIS. If the deduct-·
ible amo 1nt indicated in the Schedule above
is on a "per occurrence• basis, that deduct-
ible amount applies as follows:
a. Under the Bodily Injury Liability Coverage,
to all damages because of bOdily Injury;
b. Under Property Damage Liability Cover-
age, to all damages because of property
damage; or
c. Under Bodily Injury Liability and/or Proper-
ty Damage Liability Coverage combined,
to all damages because of:
(1) bodily Injury;
(2) property damage; or
(3) bodily Injury and property damage
combined as the result of any one
occurrence, regardless of the num-
ber of persons or organizations who
sustain damages because of that oc-
currence.
C. The terms of this insurance, including those with
respect to:
1. Our right and duty to defend any suits seek-
ing those damages; and
2. Your duties in the event of an occurrence,
claim or suit apply irrespective of the appli-
cation of the deductible amount.
D. We may pay any part or all of the deductible
amount to effect settlement of any claim or suit
and, upon notification of the action taken, you
shall promptly reimburse us for such part of the
deductible amount as has been paid by us.
All other terms, conditions, and exclusions shall rAmain the same.
78010 (5101)
Cl1441
AUTH IZED REPRESENTATIVE
or countersignature {in states where applicable)
PAGE 2 0F2
ENDORSEMENT NO. 14
This endorseme,1t, effective 12:01 AM, June 15, 2007
Forms a part of >ollcy No: PROP 6712691
Issued to: APE< COMPANIES, LLC
By: AMERICAN INTERNATIONAL SPECIALTY LINES INS. CO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION -VIOLATION OF STATUTES IN CONNECTION WITH SENDING,
TRANSMITTING OR COMMUNICATING ANY
MATERIAL OR INFORMATION
This insurance d,ies not apply to any bodily Injury, property damage, personal and adverdslng Injury, clean-up
costs, claim, suit, loss, cost or expense arising out of or resulting from, caused directly or indirectly, in whole or in
part by, any act t 1at violates any statute, ordinance or regulation of any federal, state or local government, including any
amendment of llr addition to such laws, that includes, addresses or applies to the sending, transmitting or
communicating ol any material or information, by any means whatsoever.
To the extent a 1y coverage may otherwise be available under this Policy, the provisions of this Exclusion shall
supercede the sa 11e and exclude such coverage .
. AIJ other terms, conditions, and exclusions shall remain the sa_m_e.--'~~:....,.,~;,L--~~-.,,-~~:e:~,,..'-"~•,-cc~cc;,---
AUTH IZED REPRESENTATIVE
87993 (4/05)
Cl2672
or countersignature On states where applicable)
PAGE 1 OF 1
I
I
ENDORSEMENT NO. 15
This endorsemunt, effective 12:01 AM, June 15, 2007
Forms a pan of Polley No: PROP 6712691
Issued to: APEX COMPANIES, LLC
By: AMERICA!\ INTERNATIONAL SPECIAL TY LINES INS. CO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EACH LOSS LIMIT AMENDED TO INCLUDE MULTIPLE CLAIMS LIMITATION ENDORSEMENT
This endorsemer ,t modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY ANO
PROFESSIONAL LIABILITY POLICY
It is hereby agreed that SECTION Ill -LIMITS OF INSURANCE ANO DEDUCTIBLE, Paragraph 8. is deleted in its
entirety and repl, ced with the following:
8. Subject to 2. above, the Each Loss Umit is the most we will pay under Coverage D for all loss regardless of the
number of insureds, claimants or claims that are made and reported during one or more policy periods and arise
out of the same, related or continuous actual or alleged errors or omissions.
If a claim is nrst made against the insured and reported to us in accordance with Section IV. 2. of this Policy during
the policy period, within 60 days immediately following the end of the policy period, or during the Extended
Reporting Period, if applicable, any claims reported under a subsequent Policy issued by us or our affiliate arising
out of the sane, related or continuous actual or alleged errors or omissions shall be deemed to have been first
made agains·: the insured and reported to us during the Policy period when the first of such claims was made and
reported. Tt,e Each Loss Limit of liability of the Policy in effect when the first such claim was made against you
and reported to us shall apply to such subsequent claims. Nothing in this End0tsement shall increase the amount
of total cove rage available tor claims arising out of the same, related or continuous actual or alleged errors or
omissions to an amount greater than the Each Loss Umit of Liability in effect when the first of such claims was
made against you and reported to us.
Any subseqLent clalm will not be covered under this Policy unless you have maintained Professional Liability
Insurance with us or another member company of American International Group, Inc. on a successive and
uninterrupted basis since the date the first of such claims was made against you and reported to us.
All other terms, c•>nditions, and exclusions shall remain the same. /::L,p~,;,.,
AUTHIZEDREPRESENTATIVE
or countersignature (in states where applicable)
86811 (10/04)
Cl2565
PAGE 1 OF 1
ENDORSEMENT NO. 16 (Continued)
Fur Loss of: percentage of Principal Sum Amount payable
B >th Hands or Both Feet ..................................................................................... 100%
S ght of Both Eyes ............................................................................................... 100%
010 Hand and One Foot .. .. .. .... .. .. .. .. ........ ...... ...... .. .. ......... .... . .. . .. . .. . .. ............ ..... . 100%
0 ,e Hand and the Sight of One Eye ................................................................... 100%
One Foot and the Sight of One Eye ..................................................................... 100%
S ,eech and Hearing in Both Ears ........................................................................ 100%
0 ne Hand or One Foot ... . .... ...... ... ...... .... ........... ...... ... .... .. . .. .. . .. . ... .. . .... .. ...... ... ... . 50%
S ght of One Eye . ..................... ...... .. ... ... .. . .. .. ... ... ....... ... .... ..... ........ ..... . .. .. .. . .. . ..... 50%
S ,eech or Hearing in Both Ears .......................................................................... 50%
H 3aring in One Ear .. .. .. ... .. .. . .. .. . .. . .... .. .... . .. .. .. .. .... . .. .. .. ...... .. .. .. .. .. .. . .. . .. ... .. ... .... .... .. 26%
T 1umb and Index Finger of Same Hand .............................................................. 25%
Luss of a hand or toot means complete severance through or above the wrist or ankle joint. Loss of
si ~ht of an aye means total and irrecoverable loss of Iha entire sight in that eye. Loss of hearing in an
ear means total and irrecoverable loss of the entire ability to hear in that ear. Loss of speech means
tctal and irrecoverable Joss of the entire ability to speak. Loss of thumb and index finger means
complete severance through or above the metacarpophalangeal joint of both digits.
If more than one loss is sustained by a Covered Person as a result of Iha same accident, only one
amount, Iha largest, will be paid.
3. Severe E urn Benefit If a Covered Person sulfers a Severe Burn, we will pay a benefit to that Covered
Person. '"ha amount of the benefit payable is explained below and will be based on Iha Percentage of Severa
Burn Ma>imum Amount shown below with respect to the applicable Specified Body Area burned as shown
below:
S :,eclfled Body Area Percentage of Severe Burn MaxlmumAmount
Face and Nack and Head ................... ............. ....... ........ ......... ...... ......... .... ..... .... 99%
Hand and Forearm Balow Elbow Joint (Right) ..................................................... 22.5%
Hand and Forearm Balow Elbow Joint (Left) ........................................................ 22.5%
UJper Arm Balow Shoulder Joint to Elbow Joint (Right) ...................................... 13.5%
UJper Arm Balow Shoulder Joint to Elbow Joint (Left) ........................................ 13.5%
T >rso Below Nack to ShOuldar Joints and Hip Joints (Front) .............................. 36%
T·>rSO Below Nack to Shoulder Joints and Hip Joints (Back) ............................... 36%
T 1igh Balow Hip Joint to Knoo Joint (Right) ........................................................ 9%
T1igh Balow Hip Joint to Knee Joint (Left) .......................................................... 9%
F•lDI and Lower Leg Balow Knee Joint (Right) ..................................................... 27%
F•lOt and Lower Leg Balow Knee Joint (Left) ....................................................... 27%
The bena ft amount payable under the Severe Burn Benefit will be determined as follows:
a. If onl:• one of the Covered Person's Specified Body Areas described above is Severely Burned in an
accidunt and 100% of the surface of that Specified Body Area is Severely Burned, the benefit payable is
100% of the Percentage of Severe Burn Maximum Amount shown for that Specified Body Area.
(For oxampla: The Percentage of Severe Burn Maximum Amount shown for the •toot and lower lag
below knoo joint (right)" Specified Body Area is 27%. If 100% of the surface of that Spec~ied Body Area is
Sevel'ely Burned, the benefit payable is 100% of 27%, or 27%, of the Severe Burn Maximum Amount.)
b. If onl:• one of the Covered Person's Specified Body Areas described above is Severely Burned in an
accid,mt and a lesser proportion of the surface of that Specified Body Area is Severely Burned, the benefit
payat la is that same lesser proportion ol the Percentage of Severe Burn Maximum Amount Shown above
for that Specified Body Area.
89129 (5/05)
Cl2703
PAGE 2 of 6
ENDORSEMENT NO. 16 (Continued)
(For 3xample: The Percentage of Severe Burn Maximum Amount shown for the ··toot and lower leg
belo"' knee joint (right)" Specified Body Area is 27%. If 50% of that surface is Severely Burned, the
benelit payable is 50% of 27%, or 13.5%, of the Severe Burn Maximum Amoum. If 1/3 of that surface is
Severely Burned, the benefit payable is 1/3 of 27%, or 9%, of the Severe Burn Maximum Amount.)
c. If mo ·e than one of the Covered Person's Specified Body Areas described above is Severely Burned as
a result of the same accident, the benefit payable is the lesser of: (1) the sum of the benefit amounts
calcu ated separately, according to the above rules, wnh respect to each such Specified Body Area; or (2)
100% of the Severe Burn Maximum Amount.
The determination of whether or not a Specified Body Area described above is Severely Burned, and what
propc rtion of its surface is Severely Burned, must be made by a Physician. We retain the right, at our
own 11xpense, to have the determination verified by a Physician of our chOice.
B. ACCIDEMT INSURANCE EXCLUSIONS
No coverage shall be provided under this endorsement and no payment shall be made for any loss resulting in
whole or in Iiart from, or contributed to by, or as a nmural and probable consequence of any of the following
excluded risk,; even if the proximate or precipitating cause of the loss is an accidental bodily injury:
suicide o· any attempt at suicide or intentionally self-inflicted Injury or any attempt at intentionally self-inflicted
Injury or my act of autoeroticism.
sickness or disease, or mental incapacity or bodily infirmity whether the loss results directly or indirectly from
any eithe · of these.
the Covered Person's commission of or attempt to commit a felony crime.
· declared or undeclared war, or any act of declared or undeclared war regardless of whether the Policy to which
this endo ·sement is attached provides such coverage.
infections of any kind regardless of how contracted, except bacterial infections that are directly caused by
botulism, ptomaine poisoning or an accidental cut or wound independent and in the absence of any underlying
sickness, disease or condition including but not limited to diabetes.
participation in any team sport or any other athletic activity, except participation in a Covered Activity.
any loss incurred while outside the United States, ~s territories or Canada.
full-time active duty in the armed forces, National Guard or organized reserve corps of any country or
internatio 1al author~. (Loss caused while on short-term National Guard or reserve duty for regularly scheduled
training p ;rposes is not excluded).
• travel or · light in or on (including getting in or out of, or on or off of) any vehicle used for aerial navigation, if the
Covered Person is:
• riding as a passenger in any aircraft not intended or licensed for the transportation of passengers; or
• perfo -ming, learning to perform or instructing others to perform as a pilot or crew member of any aircraft; or
• riding as a passenger in an aircraft owned, leased or operated by the Named Insured or the Covered
Person's employer.
the Covured Person being under the influence of intoxicants while operating any vehicle or means of
transport: 1tion.
89129 (5/05)
Cl2703
PAGE 3 of 6
ENDORSEMENT NO. 16 (Continued)
the Cov11red Person being under the influence of drugs unless taken under the advice of and as specified by a
Physlcli ,n.
the med cal or surgical treatment of sickness, disease, mental incapacity or bodily infirmity whether the loss
results d rectly or indirectly from the treatment.
stroke o · cerebrovascular accident or event; cardiovascular accident or event; myocardial infarction or heart
attack; c Jronary thrombosis; aneurysm.
the Covored Person riding in or driving any type of motor vehicle as part of a speed contest or scheduled race,
including testing such vehicle on a track, speedway or proving ground.
C. ACCIDEl~T INSURANCE LIMITATIONS
Accident Insurance Aggregate Umlt • The maximum amount payalJle under the Accidental Death Benefit,
Accidental D'smemberment Benefit and Severe Burn Benefit combined may be reduced if more than one Covered
Person suffms a loss as a result of the same accident. The maximum amount payaiJle for all such losses for all
Covered Pusons will not exceed the amount shown as the Accident Insurance Aggregate Umlt in the
Schedule .. If the combined maximum amount otherwise payable for all Covered Persons must be reduced to
comply with ·his provision, the reduction will be taken by applying the same percentage of reduction to the individual
maximum ar,ount otherwise payalJle for each Covered Person for all such losses. The Accident Insurance
Aggregate Limit is in addition to the Policy's General Aggregate Limit.
Accident lnnurance Reduction Schedule -The amount payaiJle tor a loss will be reduced if a Covered Person
is age 70 or older on the date of the accident causing the loss. Toe amount payable for that Covered Person's
loss is a pert entage of the amount that would otherwise be payable, according to the following schedule:
AGE ON DA"rE OF ACCIDENT
70-7•1
76-7!1
80-S.I
86 ar ,d older
PERCENTAGE OF AMOUNT OTHERWISE PAYABLE
65%
46%
30%
15%
Premium for a Covered Person· age 70 or older is based on 100% of the coverage that would be in effect if the
Covered Pei son were under ege 70.
"Age" as usod above refers to the age of the Covered Person on the Covered Person's most recent birthday,
regardless of the actual time of birth.
D. ACCIDEUT INSURANCE DEFINITIONS
Covered Ac11vlty (les) • means those activities set out as Covered Activity (les) in the Schedule with respect to
which Cover,ld Persons are provided coverage under this endorsement.
Covered Pe,·son -means a person: (1) who is a member of an eligible class of persons as described in the
Classlflcatlon of Eligible Persons section of the Schedule; and (2) tor whom premium has been paid; and (3)
while such pE,rson's coverage under this endorsement is in force.
Immediate Family Member -means a person who is related to the Covered Person in any of the following ways:
spouse, brother-in-law, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, parent (ineludes
stepparent), brother or sister (includes stepbrother or stepsister), or child (includes legally adopted or stepchild).
89129 (5/05)
Cl2703
PAGE 4 of 6
ENDORSEMENT NO. 16 (Continued)
Injury • mea1s an injury to the body: (1) which is sustained as a direct result of an unintended, unanticipated
accident that is external to the body and that occurs while the injured person's accident coverage is in force; (2)
which occurs under the Circumstances described in a Covered Activity applicable to that person; and (3) which
directly (inde, endent of sickness, disease, mental incapacity, bodily infirmity or any other cause) causes a covered
loss under thi:; endorsement.
Physician • means a licensed practitioner of the healing arts acting within the scope of his or her license who is
not: (1) the C>vered Person; (2) an Immediate Famlly Member; or (3) retained by the Named Insured.
Schedule • means the Accident Insurance Declarations section of this endorsement.
Severe Burn Severely Burned -means cosmetic disfigurement of the surface of a body area due to an Injury that
is a full-thickress or third-degree burn, as determined by a Physician. (A full-thickness or third-degree burn is the
destruction of the skin through the entire thickness or depth of the dermis and possibly into underlying tissues, with
loss of fluid a11d sometimes shock, by means of exposure to fire, heat, caustics, electricity or radiation).
E. ACCIDENT INSURANCE CLAIMS PROVISIONS
Notice of Cl elm. Written notice of a claim for benefits must be given to us within 60 days after a Covered
Person's los:1, or as soon thereafter as reasonably possible. Notice given by or on behalf of the claimant to us at
AIG Claims ~ervices, Accident & Health Division, P.O. Box 15701, Wilmington, DE 19850-5701, with information
sufficient to identify the Covered Person, is deemed notice to us. Notice of Claim may" also be given to us by
telephone witltin the time period above by calling 1-800-551-0824.
Claim Forms. We will send claim forms to the claimant upon receipt of a written notice of claim. If such forms are
not sent withi1 15 days after the giving of notice of a claim, the claimant will be deemed to have met the proof of
loss requirements upon submitting, within the time fixed herein for filing proof of loss, written proof covering the
occurrence, the character and the extent of the loss for which claim is made. The notice should include the
Covered Per:1on's name, the Named lnsured's name and the Policy number.
Proof of Loss. Written proof of loss must be furnished to us within 90 days after the date of the loss. tt the loss is
one for whlcl I this endorsement requires continuing eligibility for periodic benefit payments, subsequent written
proofs of eligiJility must be furnished at such intervals as we may reasonably require. Failure to furnish proof within
the time required neither invalidates nor reduces any claim ij it was not reasonably possible to give proof within such
time, providBil such proof is furnished as soon as reasonably possible and· in no event, except in the absence of
legal capacity of the claimant, later than one year from the time proof is otherwise required.
Payment of •::Jalms. Upon receipt of due written proof of death, payment for loss of life of a Covered Person will
be made, in Equal shares, to the survivors in the first surviving class of those that follow: the Covered Person's (1)
spouse; (2) <hildren; (3) parents; or (4) brothers and sisters. tt no class has a survivor, the beneficiary is the
Covered Per.ion's estate.
Upon receipt of due written proof of Joss, payments for all losses, except loss of life, will be made to (or on behalf
of, ii applicab e) the Covered Person suffering the loss. If a Covered Person dies before all payments due have
been made, the amount still payable will be paid as described above for loss of life.
If any payee is a minor or is not competent to give a valid release for the payment, the payment will be made to the
legal guardiar, of the payee's property. If the payee has no legal guardian for his or her property, a payment not
exceeding $1,000 may be made, at our option, to any relative by blood or connection by marriage of the payee,
who, in our Jpinion, has assumed the custody and support of the minor or responsibility for the incompetent
person's affai ·s.
Any payment we make in good faith fully discharges our liability to the extent of the payment made.
89129 (5/05)
Cl2703
PAGE 6 of 6
ENDORSEMENT NO. 16 (Continued)
Time of Pa) ment of Claims. Benefits payable will be paid as soon as possible upon our receipt of a fully
completed an i properly executed written proof of the toss.
Physical Exl ,mlnatlon and Autopsy. We at our own expense have the right and opportunity to examine the
person of an I individual whose loss is the basis of claim hereunder when and as often as we may reasonably
require during the pendency of the claim end to make an autopsy in case of death where it is not forbidden by law.
F. ACCIDENT INSURANCE ADDITIONAL PROVISIONS
Premiums. We may change the required premiums due on any premium due date by giving the first Named
Insured at least 31 days advance written notice. We may change the required premiums as a condition of any
renewal of th 3 coverage under this endorsement. We may also change the required premiums at any time when
any coverage change affecting premiums is made in the coverage provided by this endorsement.
Accident Insurance Termination Date. This coverage terminates automatically on the date the Policy terminates.
Termination , akes · effect at 12:01 AM Standard Time at the address Of the Named Insured on the date of
termination.
We may terminate the coverage provided by this endorsement on any premium due date by giving 30 days advance
written notice to the first Named Insured. This coverage terminates automatically on the earlier of: 1) the date the
Policy terminates; or 2) the premium due date if premiums for this coverage are not paid when due. Termination
takes effect al 12:01 AM Standard Time at the address of the first Named Insured on the date of termination .
Covered Per son's Effective Date. A Covered Person's coverage under this endorsement begins on the latest
of: (1) the Accident Insurance Effective Date; (2) the date the person becomes a member of an eligible class of
persons as described in the Classification of Eligible Persons section of the Schedule ; or (3) the date the
appropriate p1 emium is paid for the Covered Person .
Covered Person Termination Date. A Covered Person's coverage under this endorsement ends on the earliest
at. (1) the dite the Policy is terminated; (2) the date this endorsement is terminated; (3) the premium due date if
premiums for this coverage are not paid when due; or (4) the date the Covered Person ceases to be a member of
any eligible class of persons as described in the Classification of Eligible Persons section of the Schedule.
Termination of coverage will not affect a claim tor a covered loss that occurred while the Covered Person's
coverage under this endorsement was in force.
All other terms, c :mditions, and exclusions shall remain the same. .../ ~ • •
~ ~ 3/ .,.ata«4
AUTH IZED REPRESENTATIVE
or countersignature (in states where applicable)
89129 ( 5/05)
Cl2703
PAGE 6 of 6
ENDORSEMENT NO. 17
This endorseme lt, effective 12:01 AM, June 15, 2007
Forms a pan of •ollcy No: PROP 6712691
Issued to: APE( COMPANIES, LLC
By: AMERICAN INTERNATIONAL SPECIALTY LINES INS. CO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED ENDORSEMENT
COVERAGE A. B AND C
This endorsemen: modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY AND PROFESSIONAL LIABILITY POLICY
SCHEDULE
Name of Person or Organization:
Where required b I written contract
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement)
It is hereby agre3d that Section II of the policy, WHO IS AN INSURED is amended to include as an insured the
person or organil ation shown in the schedule above as respects Insuring Agreements A, B and C, but only with respect
to liability arising out of your ongoing operations performed by you or on your behatt for that insured. Coverage is not
afforded tor the ajditional insured's own liability, which arises solely out of its acts or omissions.
The entities sche:luled above are covered under this Policy only for limits of liability up to but not exceeding the amount
required by the written contract with the insured and subject to the limits of liability of this Policy.
All other terms, c lnditions, and exclusions shall remain the same. _/
A~ ~aa·M
78025 (5/01)
Cl1456
---=cA-c'U"::TccH:-""=,...IZ==E=-o--R:::E:::P:-R:-::E:-::S:=E::--:N=TA"""T=l::--:V-:-E-
or countersignature (in states where applicable)
PAGE 1 OF 1
ENDORSEMENT No. 18
This endorsem,mt, effective 12:01 AM: June 15, 2007
Forms a part ol policy no.: PROP 6712691
Issued to: APEX COMPANIES, LLC
By: AMERICA~ INTERNATIONAL SPECIAL TY LINES INS. CO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
DELETION OF COVERAGE D
It is hereby agrew that SECTION I., COVERAGE 0., PROFESSIONAL LIABILITY, is deleted in its entirety and shall
not apply to this nsurance.
All other terms a 1d conditions of the policy shall remain unchanged.
AUTH ZEDREPRESENTATIVE
or countersignature (where required by law)
65405 (6/96)
CI0377
PAGE 1 OF 1
ENDORSEMENT NO. 19
This endorsement, effective 12:01 AM, June 15, 2007
Forms a part of Polley No: PROP 6712691
Issued to: APEX COMPANIES, LLC
By: AMERICAN INTERNATIONAL SPECIAL TY LINES INS. CO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EMPLOYEE BENEFITS LIABILITY INSURANCE
PROVIDES CLAIMS MADE COVERAGE
This endorsement modifies insurance provided under the following:
ADDITIONAL DE ~LARATIONS
LIMIT OF LIABILITY
$1,000,000
$1,000,000
DEDUCTIBLE
$1,000
No. of Employee,;
Estimated Annua Premium:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Each Wrongful Act or series of related Wrongful acts.
Each Annual Aggregate
Each Wrongful Act or series of related Wrongful Acts
0-250
INCLUDED
INSURING AGREEMENTS
EMPLOYEE BEMEFITS LIABILITY
We will pay the "Insured" for those sums which the "Insured" shall become legally obligated to pay as damages
because of any ,:!aimed against the "Insured" due to any "Wrongful Act" of the "Insured", or any other person for
whose acts the "Insured" is legally liable, in the "Administration" of the "Insured'&" "Employee Benefits Pro-
grams", as defined in the Definitions section of this policy. This insurance applies only if a claim for damages covered
by this endorsement is first made against the "Insured" during the policy period. We have the right and duty to defend
any su~ against the "Insured" seeking damages on account ol such negligent act, error or omission, even if any of the
allegations of thE suit are groundless, false or fraudulent, and we may make such investigation and sett1ement of any
claim or suit as v. e deem expedient.
DEFINITIONS
DEFINITION OF "Insured"
With respect to the insurance afforded by this endorsement the unqualified word "Insured" includes the Named
Insured, provided that (a) if the Named Insured is designated as an individual, the insurance applies only to the conduct
of a business of which he is the sole proprietor and (b) the unqualified word " Insured" also includes the following:
A. If the Named Insured is or includes a partnership or joint venture, any partner or member thereof by only with re-
spect to his liability as such;
51767 (4191)
Cl1435
PAGE 1 OF 4
ENDORSEMENT NO. 19 (Continued)
B. Any executi"e officer, director or stockholder of the Named "Insured" while acting within the scope of his duties as
such;
C. Any employ 38, provided such employee is authorized to act in the "Administration" of the Named "lnsured's
Employee Eleneflts Program".
DEFINITION OF "Employee Benefits Programs"
The term "Emp oyee Benefits Programs"; means (a) group life insurance, group accident or health insurance, profit
sharing plans, pension plans, employee stock subscription plans, workmen's compensation, unemployment insurance,
social benefits, ,jisability benefits, and (b) any other similar employee benefits instituted attar the effective date of this
endorsement prc,vided we are notified within thirty (30) days after the institution of such benefhs.
DEFINITION OF "Administration"
The unqualified word "administration" wherever used shall mean:
A. Giving coum:el to employees with respect to the Employee Benefits Programs;
B. Interpreting the Employee Benefits Program;
C. Handling of , ecords in connection with the Employee Benefits Programs;
D. Effective enrollment, termination or cancellation of employees under the "Employee Benefits Programs", provided
all are acts vrhich are authorized by the Named " Insured".
DEFINITION OF "Wrongful Act"
"Wrongful Act ' means any actual or alleged negligent act, error or omission in the "Administration" of the Employee
Benefits Plan.
EXCLUSIONS
This endorsemerit does not apply to:
1. Any dishonenl, fraudulent, criminal or malicious act, libel, slander, discrimination or humiliation;
2. Bodily injury to or sickness, disease or death, of any person, or to injury to or destruction of any tangible property,
including the loss of use thereof;
3. Any claim to, failure of performance of contract by an insurer;
4. Any claim brned upon the "lnsured's" failure to comply with any law concerning workmen's compensation, unem-
ployment ins Jrance, social security or disability benefits;
5. Any claim based upon:
A. failure of any investment(s) including but not limited to stock 10 perform as represented by an" Insured";
B. advice g ven by an "Insured" to an employee to participate in any investment plan including but not limited to
stock subscription plans.
51767 (4191)
Cl1435
PAGE2 OF 4
ENDORSEMENT NO. 19 (Continued)
6. All sums which the "Insured" shall become legally obligated to pay as loss because of any Breach of Fiduciary
Duty (as de'ined below) or because of any Breach of Fiduciary Duty by any person for which the "Insured" is
legally respcnsible and arising out of the "lnsured's" activity as a fiduciary of any Plan covered by this· endorse-
ment. _The lerm, "Breach of Fiduciary Duty" Shall mean the violation of any of the responsibilities, obligations of
duties impo! ed upon fiduciaries by the EMPLOYEE RETIREMENT INCOME SECURITY ACT of 1974 or amend-
ments theretJ with respect to any Plan covered by this endorsement.
7. Any claim made against the "Insured" based on or attributable to any failure or omission on the part of the
"Insured" tc, effect and maintain insurance or bonding for Plan Property or Assets.
CONDITIONS
LIMITS OF LIAEIILITY
Regardless of the number of (a) "Insureds" under this policy (b) persons who sustain damage or (c) claims made or
suits brought for such damages; the limit of liability stated in the ADDITIONAL DECLARATIONS of this endorsement as
applicable. to each "Wrongful Act " or series of related "Wrongful Acts" is the limit of our liability for all claims made
on account of ar,y "Wrongful Acts" or series of related acts by this policy for the period of liability stated in the ADDI-
TIONAL DECLAHATIONS as "Each Annual Aggregate" is, subject to the above provision, the total limit of our liability
for all claims covered during the period this endorsement is in force.
PREMIUM
The premium stated in the ADDITIONAL DECLARATIONS is an estimated premium only. Upon termination of eaeh
annual period of this endorsement the "Insured", on request, will furnish us a statement of the total number of employ-
ees at the end cf the period. The earned premium shall be computed on the average of the number of employees at.
the end of the CC1verage period and that stated in the ADDITIONAL DECLARATIONS. tt the earned premium thus com-
puted exceeds U1e estimated premium paid, the "Insured" shall pay the excess to us; if less, we shall return to the
"Insured" the ur,earned portion paid by such" Insured". ·
DEDUCTIBLE
The deductible amount indicated in the ADDITIONAL DECLARATIONS shall be subtracted from the total amount of all
sums which we rne obligated to pay or incur on behatt of the "Insured" on account of each occurrence as stated in the
ADDITIONAL DE::LARATIONS.
The terms of thi:1 endorsement including those with respect to notice of claim or suit and our right to investigate and
negotiate any suc:h claim or suit, apply irrespective of the application of the deductible amount
OPTIONAL EXTl:NOED REPORTING ENDORSEMENT
The coverage under the Employee Benefits Liability Endorsement may end because one of us chooses to cancel it or
not renew it. If U 1is is not the result of non-payment of the premium you have the right to buy a reporting endorsement.
It extends the time to report covered claims. The claim must first be made against an "Insured" and reported to us
within 3 years after the Employee Benefits Liability Endorsement ends and while the reporting endorsement is in effect.
To obtain this reporting endorsement you must request it in writing and pay this additional premium within 30 days after
this agreement e,ds. It we don't receive written notice and payment within this period, you may not exercise this right
at a later date.
We'll sell you !hi!-endorsement for the additional premium. This· additional premium will not exceed 200% of the annual
premium for the Employee Benefits Liability Endorsement. Once you pay the premium we can't cancel the endorse-
ment. We will determine the additional premium taking into account the following:
61767 (4/91)
Cl1436
PAGE 3 OF 4
-----------------------------------
ENDORSEMENT NO, 19 (Continued)
a. The exposure "Insured";
b. Previous types and amounts of insurance;
c. Limits of liability available under Iha Employee Benefit Liability Insurance for future payment of damages; and
d. Other related factors.
The optional Extsnded Reporting Endorsement does not reinstate or increase the Limits of Liability applicable to any
claim to which Iha Employee Benefits Liability Endorsement applies,
CONFORMITY WITH STATUTE
Terms of this er dorsement which are in conflict with the statute of the state wherein this endorsement is issued are
hereby amended to confirm to such statutes.
OTHER TERMS OF POLICY
All other terms, c•>nditions, and exclusions shall remain the same. _/
A~ -p.~·,,;,
51767 (4/91)
Cl1435
__ ...!A'...,U~T=H=~1~z=Eo=-=R:-::E:=P=R=E=s=E::N=TA-:,n=-=ve=---
or countersignature (in states where applicable)
PAGE 40F 4
ENDORSEMENT NO. 20
This en-lorsement, effective 12:01 AM: June 15, 2007
Forms I part of pollcy no.: PROP6712691
Issued 10: APEX COMPANIES, LLC
By: MIERICAN INTERNATIONAL SPECIAL TY LINES INS. CO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -OWNERS. LESSEES OR CONTRACTORS -
COMPLETED OPERATIONS
This encorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY AND
PROFESSIONAL LIABILITY POLICY
It is henoby agreed as follows:
Solely vlith respect to Coverages A, B. and C SECTION II -WHO IS AN INSURED is amended to
include us on additional insured the person(s) or organizations(s) shown in the Schedule, but only .
with res ,ect to liability for bodily Injury and property damage caused, in whole or in part, by your
work at the location designated and described in the schedule of this endorsement performed for
that additional insured and included in the products-completed operetlons hazard.
Name ol Additional Insured person(s) or Organization(&):
Armada Hoffler Construction Company
Help I, LLC
Location and Description of Completed Op~rations :
800 Alic sanna Street
Baltimor,, MD 21202
Authorlz epresentatlve
or countersignature (where required by law)
ENDORSEMENT NO. 21
This endorsement, effective 12:01 AM: June 15, 2007
Forms a pan of policy no.: PROP6712691
Issued to: APEX COMPANIES, LLC
By: AMERICAN INTERNATIONAL SPECIAL TY LINES INS. CO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED · OWNERS, LESSEES OR CONTRACTORS ·
SCHEDULED PERSON($) OR ORGANIZATION(Sl
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY AND
PROFESSIONAL LIABILITY POLICY
SCHEDULE
Name 01' Additional Insured Person(s) or Organlzation(s):
Where r,quired by written contract
Locatlor (s) of Covered Operatlon(sl:
Where r,quired by written contract
I. :,olely as respects COVERAGE A. • . BODILY INJURY AND PROPERTY DAMAGE LIABILITY
,,nd COVERAGE B. • PERSONAL AND ADVERTISING INJURY LIABILITY, SECTION II. •
'NHO IS AN INSURED is amended to include as an additional insured the person(s) or
,,rganization(s) shown in the Schedule, but only with respect to liability for bodily Injury,
property damage or personal and advertising injury caused, in whole or in part, by:
.~. Your acts or omissions. or
3. The acts or omissions of those acting on your behalf,
in the performance of your ongoing operations for the additional insured(s) at the location(s)
designated above.
II. 'Nith respect to the insurance afforded to these additional insureds, the following additional
nxclusions apply:
This insurance does not apply to bodily Injury or property damage occurring after:
.~. All work. including materials, parts or equipment furnished in connection with such
work, on the project (other than service, maintenance or repairs to be performed by
ENDORSEMENT NO. 21 (Continued)
or on behalf of the additional insured(s) at the location of the covered operations has
been completed, or
B. That portion of your 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 operations for a principal as a part of the same
project.
All other terms, conditions and exclusions shall remain the same.
"' ..,. ~=, ~"""°'"'"" , ..... M ,-., ,Oo -· ~ p..,,..,•,;.,
Authorize epresentatlve
or countersignature (where required by law)
ENDORSEMENT NO. 22
This e11dorsement, effectlve 12:01 AM: June 15, 2007
Forms a part of policy no.: PROP6712691
Issued to: APEX COMPANIES, LLC
By: Al'1ERICAN INTERNATIONAL SPECIAL TY LINES INS. CO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -OWNERS. LESSEES OR CONTRACTORS -
COMPLETED OPERATIONS
This en,forsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY AND
PROFESSIONAL LIABILITY POLICY
It is her,by agreed as follows:
Solely v1ith respect to Coverages A, B. and C SECTION II -WHO IS AN INSURED is amended to
include as an additional insured the person(s) or organizations(s) shown in the Schedule, but only
with re, pact to liability for bodily Injury and property damage caused, in whole or in part, by your
work at the location designated and described in the schedule of this endorsement performed for
that adc itional insured and included in the products-completed operations hazard.
Name o·' Additional Insured person(s) or Organization(s ):
Where required by written contract
Locatiori and Description of Completed Operations :
Where r9quired by written contract'
All other terms, conditions and exclusions remain the same. -4<-JI,---;;,..,
Authorize epreaentatlve
or countersignature (where required by law)