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SECTION
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AAIS CU 0002 09 10 EDITION
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ISO CU 00 01 04 13 EDITION
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Table of Contents
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Explains how this policy is organized and
assists in locating certain items.
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A separate form, CU R 001 03 22, provides the
table of contents.
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Introduction Statement
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Explains there is a state-specific
endorsement that applies. Other schedules and endorsements are identified on
the declarations. Additionally, it
refers to definitions for words and phrases with special meanings.
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A statement is provided with various
provisions and definitions, and suggests reading the coverage form.
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Agreement
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Explains that the coverage provided is
subject to various terms, and the insured is paying the premium.
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No corresponding section in the coverage form,
but is provided on the declarations.
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Definitions
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Located at the beginning of the policy.
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Located at the end of the policy.
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You and your
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The named insured person or persons,
organization, or entity on the declarations.
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Similar, but in the introduction.
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You and your
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Newly acquired entities for up to 90 days.
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Same, but located under Section II–Who Is An
Insured.
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We, us, and our
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The insurance company providing the coverage.
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Same, but located in the introduction.
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Advertisement
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Any type of public notice or announcement offering
the named insured's merchandise or services to the public.
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Similar
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Auto
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A land motor vehicle, trailer, or
semi-trailer for public road use. In addition, vehicles subject to financial
responsibility laws. Excludes mobile equipment.
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Similar
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Bodily injury
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Bodily harm, sickness, or disease of a
person, including death. Excludes mental or emotional injury, suffering, or
distress that does not result from the bodily injury.
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Similar, but includes mental anguish or other
mental injury.
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Claims-made
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Liability insurance only covering claims made
during the policy term and on or after the retroactive date.
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Not a defined term.
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Coverage territory
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The world, except jurisdictions, nations, or
countries subject to United States economic sanctions or embargoes.
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Same
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Covered auto
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Autos covered by liability under the underlying
insurance.
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Same
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Covered contract
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Specifically defined contracts. Subject to
certain limitations.
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Same, but refers to it as “insured contract.”
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Damages
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Monetary compensation for persons or parties
that sustain injury.
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Not a defined term.
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Declarations
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Pages labeled declarations, supplemental
declarations, or schedules.
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Not a defined term.
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Designated insured
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Certain individuals in the definition of
insured and employees authorized to handle claims.
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Not a defined term.
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Employee
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Includes leased workers but not temporary
workers.
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Same
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Executive officer
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A person who holds an officer position that
was created by one of the named insured's governing documents.
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Same
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Impaired property
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Property neither damaged nor useful.
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Same
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Indemnitee
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Under a contract or agreement, a person or
organization for whom an insured has assumed liability for damages due to
bodily injury or property damage.
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Not a defined term
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Insured (Other than
Auto)
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Based on the named insured's type of business
entity.
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Not a defined term,
but addressed under Section II–Who Is An Insured.
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Insured (Auto)
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Based on underlying coverage.
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Not a defined term,
but addressed under Section II–Who Is An Insured. Does not refer to
underlying coverage.
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Leased worker Insured
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A person the named
insured leases from a labor leasing business to perform duties related to the
insured's business under a contract, excluding temporary workers.
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Same
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Limit
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The amount of
coverage that applies.
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Not a defined term.
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Loading or unloading
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Property moved to,
on, and from an auto, aircraft, or watercraft.
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Same
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Mobile equipment
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Extensive list of
equipment.
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Same
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Occurrence
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An accident,
including continuous or repeated exposure to similar conditions.
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Similar, but uses "substantially"
in place of "similar" and "general harmful" precedes the
word "conditions.”
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Personal and advertising injury occurrence
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Injury due to certain offenses.
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Same
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Pollutant
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Any solid, liquid, gaseous, thermal, or
radioactive irritant or contaminant. Includes visible and invisible
electrical, magnetic, or electromagnetic particles and fields.
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Similar, but does not include radioactive or refer
to visible or invisible electrical, magnetic, or electromagnetic particles
and fields.
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Products
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Goods or
merchandise the named insured manufactures, sells, handles, disposes of, or
distributes.
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Similar, referred to as “Your Product.”
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Products/completed work hazard
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Bodily injury or property damage from
products or completed work.
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Similar, but referred to as “Products-Completed
Operations Hazard.”
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Property damage
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Damage or
destruction of or loss of use of tangible property, including loss, cost, or
expense related to pollutants with respect to owning, maintaining, or using
covered autos.
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Similar, but limits pollution coverage with
respect to covered autos to the extent of underlying coverage, and specifically
lists property that Electronic Data includes.
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Recreational
vehicle
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A golf cart, snowmobile, or land motor
vehicle designed for recreational use off public roads.
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Not a defined term.
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Retained limit
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Either the self-insured retention or the
available limits of underlying insurance on the declarations.
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Same
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Self-insured
retention
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The dollar amount the insured pays before
this insurance triggers when underlying coverage is not provided.
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Same
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Silica
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All forms of silicon dioxide, silica mixed
with other compounds, and silica dust mixed with other dust particles.
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Not a defined term.
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Suit
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Suits include alternative dispute or
arbitration proceedings.
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Same
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Temporary worker
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Temporary
substitute, seasonal, or short-term worker.
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Same
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Terms
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Provisions,
limitations, exclusions, conditions, and definitions applying to the policy.
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Not a defined term.
Essentially included by inference in the
coverage form's opening sentence.
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Underlying
insurance
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Liability coverages listed on the schedule of
underlying insurance, including replacement policies.
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Similar, but does not include replacement
policies.
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Underlying insurer
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Insurance companies issuing underlying
insurance coverage forms or policies.
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Same
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Volunteer worker
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A person who donates their time or services.
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Similar
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Your work
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Work or operations
plus materials, warnings, and warranties.
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Same
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Pollution cost or
expense
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Not a defined term,
but included in the exclusions.
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Any loss, cost, or expense that arises from
any requirement for the named insured to respond to the effects of pollutants.
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Ultimate net loss
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Not a defined term.
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This term is used in the Limits of Insurance section.
It refers to legally obligated damages minus recoveries.
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COMMERCIAL UMBRELLA LIABILITY COVERAGES
SECTION I–COVERAGES
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INSURING AGREEMENT
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AAIS CU 0002 09 10 EDITION
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ISO CU 00 01 04 13 EDITION
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Coverage
L–Bodily Injury Liability and Property Damage Liability
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Coverage
A–Bodily Injury and Property Damage Liability
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Pays
covered damages the insured is legally obligated to pay in excess of the
retained limit.
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Similar,
but refers to the ultimate net loss.
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The
right and duty to defend against suits when underlying insurance does not
apply or its limits are exhausted.
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Similar
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The
company can participate with the insured or the underlying carrier to defend.
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Same
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Duty
to defend includes the right to investigate and settle claims or suits.
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Similar
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The
damages amount payable is limited, as outlined under How Much We Pay.
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Similar,
but refers to ultimate net loss as Section III–Limits of Insurance describes.
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Payment
of limits ends the duty to defend.
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Similar
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No
other obligation or liability unless provided for under Supplemental Payments.
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Similar
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Coverage
applies only to bodily injury or property damage from occurrences taking
place in the coverage territory, must take place during the policy period,
and must not be part of previous losses that took place before this
coverage’s inception date.
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Similar
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The
coverage provided for bodily injury or property damage includes continuation,
resumption of, or change in such injury or damage after this policy period
ends.
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Similar
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Bodily
injury damages include those claimed for care, loss of services, or death
that results from the bodily injury.
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Similar
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The
most paid on behalf of an additional insured covered by underlying insurance
due to a requirement in a contract or agreement is the amount required in the
contract or agreement.
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Similar,
but located in Section II–Who Is An Insured.
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Injury
or damage covered by underlying insurance may be subject to a separate limit.
This insurance applies only if that limit is on the Schedule Of Underlying
Insurance.
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Addresses
retained limits and sub-limits in underlying insurance and how this insurance
applies in those cases.
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BODILY INJURY AND PROPERTY DAMAGE LIABILITY
EXCLUSIONS
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SECTION
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AAIS CU 0002 09 10 EDITION
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ISO CU 00 01 04 13 EDITION
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Expected or intentional acts
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Excluded
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Excluded
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Contractual Liability
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Excluded, but covered contracts are included.
Refers to an “indemnitee” as an additional insured.
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Similar, but refers to covered contracts as
insured contracts. Refers to “a party” as an additional insured.
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ERISA violations
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Excluded for fiduciaries.
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Excluded for any obligation of the insured.
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Workers compensation or similar laws
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Excluded
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Excluded
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Employed master of a vessel or crew
member
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Excluded
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No corresponding exclusion.
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Auto Coverages – Not Covered Auto
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Excluded
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Excluded
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Pollution
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Excluded
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Excluded
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Pollution cleanup expense
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Excluded
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Excluded
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War
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Excluded
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Excluded
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Aircraft
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Excluded
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Excluded
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Watercraft
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Excluded
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Excluded
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Liquor liability
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Excluded
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Excluded
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Employers liability
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Excluded
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Excluded
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Professional services
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Excluded
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Excluded. Lists examples. Also, excludes
claims that allege negligence or other wrongdoing.
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Employment-related practices
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Excluded
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Excluded
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Fellow employee auto
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Excluded
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No corresponding exclusion.
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Racing Activities
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Excluded, and includes recreational vehicles.
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Excluded, but does
not mention recreational vehicles.
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Property damage to owned, occupied or
rented property
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Excluded
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Excluded
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Property damage to property
transported on autos
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Excluded
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Excluded
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Property damage to sold or abandoned
property
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Excluded
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Excluded
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Property damage to loaned property
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Excluded
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Excluded
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Property Damage to property in care,
custody or control
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Excluded
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Excluded
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Property damage to property that
arises from work
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Excluded
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Excluded
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Property damage due to insured’s
faulty work
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Excluded
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Excluded
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Property damage to products
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Excluded
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Excluded
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Property damage to insureds work
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Excluded
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Excluded
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Property damage to impaired property
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Excluded
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Excluded
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Product recall expenses
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Excluded
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Excluded
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Personal and advertising injury
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Excluded
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Excluded
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Electronic data
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Excluded
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Excluded for property damage only.
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Violation of communication laws or regulations
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Excluded
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Excluded
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Lead
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Excluded
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No corresponding exclusion.
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Silica
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Excluded
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No corresponding exclusion.
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Asbestos
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Excluded
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No corresponding exclusion.
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PERSONAL AND
ADVERTISING INJURY LIABILITY
INSURING AGREEMENT
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AAIS CU 0002 09 10 EDITION
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ISO CU 00 01 04 13 EDITION
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Coverage
P–Personal and Advertising Injury Liability
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Coverage
B–Personal and Advertising Injury Liability
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Pays covered damages the insured is legally
obligated to pay in excess of the retained limit.
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Similar, but refers to the ultimate net loss.
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Right and duty to defend the insured against
suits seeking such damages when underlying insurance does not apply or its
limits are exhausted.
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Similar
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The company can participate with the insured
or the underlying carrier to defend.
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Same
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Duty to defend comes with the right to
investigate and settle claims or suits.
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Similar
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The damages amount payable is limited, as
outlined under How Much We Pay.
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Similar, but refers to ultimate net loss as
Section III–Limits of Insurance describes.
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Payment of limits ends the duty to defend.
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Similar
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No other obligation or liability unless
provided for under Supplemental Payments.
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Similar
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Coverage applies only to personal and
advertising injury offenses taking place in the coverage territory and during
the policy period.
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Similar
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PERSONAL AND
ADVERTISING INJURY LIABILITY
EXCLUSIONS
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SECTION
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AAIS CU 0002 09 10 EDITION
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ISO CU 00 01 04 13 EDITION
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Pollution
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Excluded
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Excluded
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Pollution
testing expense
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Excluded
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No corresponding exclusion.
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War
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Excluded
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Excluded
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Professional
services
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Excluded
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Excluded. Lists examples. Also excludes
claims that allege negligence or other wrongdoing.
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Employment-related
services
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Excluded
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Excluded
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Intentional
acts
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Excluded
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Excluded
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Criminal
acts
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Excluded
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Excluded
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Prior
publication or knowingly false information
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Excluded
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Excluded, but uses two separate exclusions.
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Breach
of contract
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Excluded
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Excluded
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Quality
or performance
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Excluded
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Excluded
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Insured’s operation is media or
internet business
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Excluded
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Excluded
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Wrong description of prices
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Excluded
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Excluded
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Contractual liability
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Excluded
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Excluded, but includes liability for false
arrest, detention, or imprisonment assumed in a contract or agreement.
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Infringement of copyright, patent,
trademark, or trade secret
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Excluded
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Excluded
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Electronic chatrooms or bulletin
boards
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Excluded
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Excluded
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Misleading use of another’s name in
electronic media
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Excluded
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Excluded
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Violation of communication laws or
regulations
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Excluded
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Excluded
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Lead
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Excluded
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No corresponding exclusion.
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Silica
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Excluded
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No corresponding exclusion.
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Asbestos
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Excluded
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No corresponding exclusion.
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SUPPLEMENTAL PAYMENTS
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SUPPLEMENTARY PAYMENTS – COVERAGES A
AND B
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SECTION
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AAIS CU 0002 09 10 EDITION
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ISO CU 00 01 04 13 EDITION
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The insurance
company pays for all items listed in this section if it has the duty to
defend.
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Yes
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Yes
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WHAT MUST BE DONE IN CASE OF LOSS
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SECTION
IV–CONDITIONS – 3. DUTIES IN THE EVENT OF OCCURRENCE OFFENSE, CLAIM, OR SUIT
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SECTION
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AAIS CU 0002 09 10 EDITION
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ISO CU 00 01 04 13 EDITION
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Cooperation
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The named insured
must cooperate with underlying carriers.
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Similar, but does
not mention underlying carrier.
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Notice
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Inform carrier of
occurrence or offence that may or may not result in a claim as soon as
practicable.
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Same
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Voluntary
payments
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Voluntary payments
the insured makes do not obligate the insurance company.
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Similar, but
includes first aid as a voluntary payment without the company’s consent.
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Other
duties
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Must give the
insurance company copies of all legal papers, demands, and notices that
relate to a claim or suit brought against any insured and cooperate with the
company in all respects.
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Similar, but with
subtle differences.
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HOW MUCH WE PAY
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SECTION III–LIMITS OF INSURANCE
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SECTION
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AAIS CU 0002 09 10 EDITION
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ISO CU 00 01 04 13 EDITION
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Limits
of insurance
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The most paid is
listed on the declarations, regardless of the number of insureds, persons or
organizations sustaining injury or damage, claims made, suits brought, or
vehicles or watercraft involved in an accident.
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Similar, but does
not mention watercraft.
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Aggregate
limit
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The Aggregate Limit
is the most paid under Coverages L – BI/PD Liability and P –
Personal/Advertising Injury Liability. It does not apply to use of autos or
loading or unloading autos.
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Similar, but refers
to ultimate net loss and does not mention loading or unloading a covered
auto.
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Each
occurrence limit
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The most paid under
Coverage L for a single occurrence.
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Similar, but refers
to ultimate net loss.
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Personal
and advertising injury limit
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The Personal and
Advertising Injury Limit is the most under Coverage P.
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Similar, but refers
to ultimate net loss.
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Non-concurrency
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Limited to only
losses within policy period.
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Same
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Application
of aggregate
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The Aggregate
applies per 12- month policy period with exceptions.
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Same
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CONDITIONS
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SECTION IV–CONDITIONS
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SECTION
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AAIS CU 0002 09 10 EDITION
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ISO CU 00 01 04 13 EDITION
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Appeals
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At the company's
expense, it may pursue an appeal even if the underlying insurer or insured
does not.
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Similar, but this
provision does not increase the company’s liability beyond the limits that
apply to Section III–Limits of Insurance.
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Assignment
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The policy cannot
be transferred to another without the company's consent.
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Similar to IL 00
17–Common Policy Conditions–Transfer of Your Rights and Duties Under This
Policy.
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Bankruptcy
of an insured
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The insurance
company is not relieved of its obligations if an insured becomes bankrupt or
insolvent.
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Similar, but also
mentions the insured's estate.
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Bankruptcy
of underlying insurer
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This insurance does
not replace underlying insurance written by a carrier that becomes bankrupt
or insolvent. It continues to apply as if the underlying insurance was still
in force.
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Similar, but also
states the insurance company is not relieved of its obligations if an
underlying carrier becomes bankrupt.
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Cancellation
and nonrenewal
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Refers to a separate
state-specific amendatory endorsement.
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Similar to
Cancellation in IL 00 17–Common Policy Conditions. However, state-specific
endorsement may take precedence.
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Change,
modification, or waiver of policy terms
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To be valid,
changes must be made in writing by the insurer.
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Similar to IL 00
17–Common Policy Conditions–Changes.
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Conformity
with statute
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Any terms in the
coverage form that conflict with state laws are amended to conform to those
laws.
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No corresponding
condition.
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Examination
of books and records
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The insurance
company may examine the named insured's records related to this insurance any
time during the policy period and up to three years after.
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Similar to IL 00
17–Common Policy Conditions–Examination of Your Books and Records.
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Inspections
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Inspecting the
property and operations is an option for the insurance company. Doing so is
for the company's benefit, but it does not guarantee safety or compliance
with laws.
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Similar to IL 00
17–Common Policy Conditions–Inspections and Surveys.
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Knowledge
of bodily injury/property damage
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Outlines the
earliest times when such knowledge is understood to have occurred.
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Similar, but listed
in Section I – Insuring Agreement.
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Legal
action against us
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Outlines the terms
and conditions that must be met before the insurance company can be sued.
|
Similar
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Maintenance
of underlying insurance
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Underlying
insurance must be maintained. If it is not, the company treats it as though
it is still in force. The named insured must notify, in writing, the
insurance company of any changes in the underlying insurance.
|
Similar, but in
addition, states any underlying
insurance broadening coverage during the policy term is treated as being
unchanged.
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Misrepresentation,
concealment, or fraud
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Any of these or
similar acts voids coverage.
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Similar, but referred
to as Representations or Fraud.
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Subrogation
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An insured's rights
of recovery against others are assigned to the insurance company to the
extent of its payment and cannot be impaired or waived after a loss. Written
waivers can be completed before a loss occurs.
|
Similar, but referred
to as Transfer of Rights of Recovery Against Others to Us. It adds that the
insurance company can ask the insured to bring suit or transfer the rights
and help enforce them.
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Transfer
of defense
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The duty to defend
transfers to the umbrella company when the underlying limit has been
exhausted for paying judgments and settlements. It cooperates with the
underlying carrier in all aspects of the transfer.
|
Similar
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Separate
insureds
|
Coverage applies
separately to each insured subject to a claim or suit but does not increase the
limits.
|
Similar, but referred
to as Separation of Insureds.
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Premium
|
States the premium
charge is based on the company's rules and rates at inception, and details
how additional and return premiums are handled.
|
Similar, but referred
to as Premium Audit.
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Insurance
under more than one policy
|
Details that this
insurance is excess over all other insurance (unless specifically written as
excess over this coverage) and the amounts it pays.
|
Similar, but referred
to as Other Insurance and refers to ultimate net loss.
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Loss
payable
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Outlines the
insurance pays only after the underlying carrier or insured's obligations are
determined.
|
Similar, but refers
to ultimate net loss.
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Extended
coverage territory
|
Describes the
actions of the insurance company when incidents occur outside the coverage
territory, including how claims or lawsuits are handled.
|
Similar, but referred
to as Expanded Coverage Territory.
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When we
do not renew
|
No corresponding
condition, but may be addressed in the separate state-specific amendatory
endorsement.
|
States that the
insurance company mails or delivers notice of non-renewal to the first named
insured at least 30 days before the expiration date.
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Nuclear
Energy Liability
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Excluded
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Similar to IL 00
21–Nuclear Energy Liability Exclusion Endorsement.
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