Preview
Filing # 191633996 E-Filed 02/09/2024 11:30:54 AM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
LENNAR HOMES, LLC and LEN-CG
SOUTH, LLC
Plaintiffs,
CASE NO.
v.
THE CINCINNATI SPECIALTY
UNDERWRITERS INSURANCE COMPANY;
QBE SPECIALTY INSURANCE COMPANY;
UNDERWRITERS AT LLOYD’S, LONDON;
SOUTHERN-OWNERS INSURANCE
COMPANY; UNITED SPECIALTY
INSURANCE COMPANY; JAMES RIVER
INSURANCE COMPANY; and CLEAR BLUE
INSURANCE COMPANY;
Defendants.
EXHIBIT 19
FLORIDA POLICYHOLDER NOTICE
626.924 (2)
This policy is issued by a nonadmitted or surplus lines insurer. In order to comply with Florida Statutes,
the following notice is given:
SURPLUS LINES INSURERS’ POLICY RATES AND FORMS ARE NOT
APPROVED BY ANY FLORIDA REGULATORY AGENCY.
PN-01US 04-10 Page 1 of 1
COMMERCIAL GENERAL LIABILITY DECLARATIONS
POLICY NUMBER
JAMES RIVER INSURANCE COMPANY 00087717-0
6641 WEST BROAD STREET, SUITE 300
RICHMOND, VA 23230
1. NAMED INSURED AND MAILING ADDRESS: PRODUCER: 21166
DM Construction Limited Inc Bass Underwriters, Inc. (Plantation)
PO Box 561248 6951 West Sunrise Boulevard
Orlando, FL 32856 Plantation, FL 33313
2. POLICY PERIOD: From 12/14/2018 to 12/14/2019 12:01 A.M. Standard Time at your Mailing Address above.
IN RETURN FOR THE PAYMENT OF THE PREMIUM, IN RELIANCE UPON THE STATEMENTS IN THE
APPLICATION(S) AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO
PROVIDE THE INSURANCE AS STATED IN THIS POLICY.
LIMITS OF INSURANCE
EACH OCCURRENCE LIMIT $ 1,000,000
DAMAGE TO PREMISES RENTED TO YOU LIMIT $ 50,000 Any one premises
MEDICAL EXPENSE LIMIT $ 1,000 Any one person
PERSONAL & ADVERTISING INJURY LIMIT $ 1,000,000 Any one person or organization
GENERAL AGGREGATE LIMIT $ 2,000,000
PRODUCTS/COMPLETED OPERATIONS $ 2,000,000
AGGREGATE LIMIT
RETROACTIVE DATE (CG 00 02 ONLY)
THIS INSURANCE DOES NOT APPLY TO "BODILY INJURY", "PROPERTY DAMAGE" OR "PERSONAL AND
ADVERTISING INJURY" WHICH OCCURS BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN BELOW.
RETROACTIVE DATE: NONE; THIS IS NOT A CLAIMS MADE POLICY
(ENTER DATE OR "NONE" IF NO RETROACTIVE DATE APPLIES)
DESCRIPTION OF BUSINESS
FORM OF BUSINESS: Corporation
BUSINESS DESCRIPTION: Residential Stucco Contractor
MC0001US 04-16 Page 1 of 2
ALL PREMISES YOU OWN, RENT OR OCCUPY
LOCATION NUMBER ADDRESS OF ALL PREMISES YOU OWN, RENT OR OCCUPY
1 3700 Curry Ford Rd, Orlando, FL 32856
CLASSIFICATION AND PREMIUM
LOCATION CLASSIFICATION CODE PREMIUM RATE ADVANCE
NUMBER NO. BASE $ PREMIUM
$
1 Contractors executive 91580 I
supervisors or executive
superintendents
1 Contractors - 91583 I
subcontracted work - in
connection with building
construction,
reconstruction, repair or
erection - one or two
family dwellings
1 Plastering or Stucco Work 98449
TOTAL PREMIUM (SUBJECT TO AUDIT)
If checked, premium shown is flat and not Company Fee
subject to audit
TOTAL SHOWN IS PAYABLE: AT INCEPTION
AUDIT PERIOD (IF APPLICABLE) FREQUENCY: Annual
ENDORSEMENTS
ENDORSEMENTS ATTACHED TO THIS POLICY:
See attached schedule A – Schedule of Forms
THESE DECLARATIONS, TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE
FORM(S) AND ANY ENDORSEMENT(S), COMPLETE THE ABOVE NUMBERED POLICY.
MC0001US 04-16 Page 2 of 2
SCHEDULE A
FORMS AND ENDORSEMENTS THAT APPLY TO THIS POLICY:
POLICY NO. 00087717-0
FORM NUMBER DESCRIPTION
PN-01US-0410 Florida Policyholder Notice
MC0001US-0416 Commercial General Liability Declarations
AP0001US-0403 Schedule A
CG0001-1207 Commercial General Liability Coverage Form
AP2103US-0607 Minimum Policy Premium
AP2300US-1106 Composite Rate Endorsement
AP5012US-1203 Policy Limitation - Amended Aggregate Limits of Insurance per Project
MC2105US-1016 Deductible Endorsement - Damages and Expenses
MC2126US-0913 Premium Base Endorsement
CG2404-0509 Waiver of Transfer of Rights of Recovery Against Others to Us
CG2404-0509 Waiver of Transfer of Rights of Recovery Against Others to Us
AP5031US-0410 Primary and Non Contributory Endorsement
AP5031US-0410 Primary and Non Contributory Endorsement
CG2010-0704 Additional Insured - Owners, Lessees or Contractors - Scheduled Person or
Organization
CG2010-0704 Additional Insured - Owners, Lessees or Contractors - Scheduled Person or
Organization
CG2037-0704 Additional Insured - Owners, Lessees or Contractors - Completed Operations
CG2037-0704 Additional Insured - Owners, Lessees or Contractors - Completed Operations
AP1013US-0516 Premium Audit Conditions Amended
AP2033US-0310 Independent Contractors - Special Provisions - Specified Limits
AP2104US-1012 Common Policy Conditions
AP2107US-0403 Binding Arbitration
CG0068-0509 Recording and Distribution of Material or Information in Violation of the Law
Exclusion
CG2107-0514 Exclusion - Access or Disclosure of Confidential or Pers Info and Data-Related
Liability - Limited BI Exc not Included
CG2136-0305 Exclusion - New Entities
CG2147-1207 Employment-Related Practices Exclusion
CG2167-1204 Fungi or Bacteria Exclusion
CG2186-1204 Exclusion - Exterior Insulation and Finish Systems
IL0021-0908 Nuclear Energy Liability Exclusion
AP1007US-0514 Exclusion Operations Covered by a Consolidated Insurance Program (Wrap-Up,
OCIP, CCIP)
AP2029US-1210 Combined Policy Exclusions
AP2031US-0411 Exclusion - Cross Suits
AP2036US-1105 Absolute Pollution and Pollution Related Liability - Exclusion
AP2111US-1105 Exclusion - Punitive Damages
AP5018US-0604 Exclusion - Work Performed in New York State
AP5039US-1209 Tainted Drywall Material Exclusion
GC2131US-0403 Fiduciary Exclusion
MC2104US-0810 Exclusion - Work on Behalf of Condominium Owners Association
AP1014US-1005 Florida Policy Changes
AP5027R-0115 Rejection of Coverage for Certified Acts of Terrorism Coverage
CG2175-0115 Exclusion of Certified Acts of Terrorism and Exclusion of Other Acts of Terrorism
AP0001US 04-03 1 of 2
Committed Outside the United States
ILP001-0104 US Treasury Departments Office of Foreign Assets Control (OFAC) Advisory
Notice to Policyholders
AP0100US-0403 Privacy Policy
AP0001US 04-03 2 of 2
COMMERCIAL GENERAL LIABILITY
CG 00 01 12 07
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage. b. This insurance applies to "bodily injury" and
Read the entire policy carefully to determine rights, "property damage" only if:
duties and what is and is not covered. (1) The "bodily injury" or "property damage" is
Throughout this policy the words "you" and "your" caused by an "occurrence" that takes place
refer to the Named Insured shown in the Declarations, in the "coverage territory";
and any other person or organization qualifying as a (2) The "bodily injury" or "property damage"
Named Insured under this policy. The words "we", occurs during the policy period; and
"us" and "our" refer to the company providing this
insurance. (3) Prior to the policy period, no insured listed
under Paragraph 1. of Section II – Who Is
The word "insured" means any person or organization An Insured and no "employee" authorized
qualifying as such under Section II – Who Is An In- by you to give or receive notice of an "oc-
sured. currence" or claim, knew that the "bodily in-
Other words and phrases that appear in quotation jury" or "property damage" had occurred, in
marks have special meaning. Refer to Section V – whole or in part. If such a listed insured or
Definitions. authorized "employee" knew, prior to the
SECTION I – COVERAGES policy period, that the "bodily injury" or
"property damage" occurred, then any con-
COVERAGE A BODILY INJURY AND PROPERTY tinuation, change or resumption of such
DAMAGE LIABILITY "bodily injury" or "property damage" during
1. Insuring Agreement or after the policy period will be deemed to
a. We will pay those sums that the insured be- have been known prior to the policy period.
comes legally obligated to pay as damages c. "Bodily injury" or "property damage" which
because of "bodily injury" or "property damage" occurs during the policy period and was not,
to which this insurance applies. We will have prior to the policy period, known to have oc-
the right and duty to defend the insured against curred by any insured listed under Paragraph
any "suit" seeking those damages. However, 1. of Section II – Who Is An Insured or any
we will have no duty to defend the insured "employee" authorized by you to give or re-
against any "suit" seeking damages for "bodily ceive notice of an "occurrence" or claim, in-
injury" or "property damage" to which this in- cludes any continuation, change or resumption
surance does not apply. We may, at our discre- of that "bodily injury" or "property damage" af-
tion, investigate any "occurrence" and settle ter the end of the policy period.
any claim or "suit" that may result. But: d. "Bodily injury" or "property damage" will be
(1) The amount we will pay for damages is deemed to have been known to have occurred
limited as described in Section III – Limits at the earliest time when any insured listed un-
Of Insurance; and der Paragraph 1. of Section II – Who Is An In-
(2) Our right and duty to defend ends when we sured or any "employee" authorized by you to
have used up the applicable limit of insur- give or receive notice of an "occurrence" or
claim:
ance in the payment of judgments or set-
tlements under Coverages A or B or medi- (1) Reports all, or any part, of the "bodily injury"
cal expenses under Coverage C. or "property damage" to us or any other in-
surer;
No other obligation or liability to pay sums or
perform acts or services is covered unless ex- (2) Receives a written or verbal demand or
plicitly provided for under Supplementary Pay- claim for damages because of the "bodily
ments – Coverages A and B. injury" or "property damage"; or
(3) Becomes aware by any other means that
"bodily injury" or "property damage" has oc-
curred or has begun to occur.
CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 1 of 16
e. Damages because of "bodily injury" include c. Liquor Liability
damages claimed by any person or organiza- "Bodily injury" or "property damage" for which
tion for care, loss of services or death resulting any insured may be held liable by reason of:
at any time from the "bodily injury".
(1) Causing or contributing to the intoxication of
2. Exclusions any person;
This insurance does not apply to: (2) The furnishing of alcoholic beverages to a
a. Expected Or Intended Injury person under the legal drinking age or un-
"Bodily injury" or "property damage" expected der the influence of alcohol; or
or intended from the standpoint of the insured. (3) Any statute, ordinance or regulation relating
This exclusion does not apply to "bodily injury" to the sale, gift, distribution or use of alco-
resulting from the use of reasonable force to holic beverages.
protect persons or property. This exclusion applies only if you are in the
b. Contractual Liability business of manufacturing, distributing, selling,
"Bodily injury" or "property damage" for which serving or furnishing alcoholic beverages.
the insured is obligated to pay damages by d. Workers' Compensation And Similar Laws
reason of the assumption of liability in a con- Any obligation of the insured under a workers'
tract or agreement. This exclusion does not compensation, disability benefits or unem-
apply to liability for damages: ployment compensation law or any similar law.
(1) That the insured would have in the absence e. Employer's Liability
of the contract or agreement; or
"Bodily injury" to:
(2) Assumed in a contract or agreement that is
an "insured contract", provided the "bodily (1) An "employee" of the insured arising out of
injury" or "property damage" occurs subse- and in the course of:
quent to the execution of the contract or (a) Employment by the insured; or
agreement. Solely for the purposes of liabil-
(b) Performing duties related to the conduct
ity assumed in an "insured contract", rea-
of the insured's business; or
sonable attorney fees and necessary litiga-
tion expenses incurred by or for a party (2) The spouse, child, parent, brother or sister
other than an insured are deemed to be of that "employee" as a consequence of
damages because of "bodily injury" or Paragraph (1) above.
"property damage", provided: This exclusion applies whether the insured
(a) Liability to such party for, or for the cost may be liable as an employer or in any other
of, that party's defense has also been capacity and to any obligation to share damag-
assumed in the same "insured contract"; es with or repay someone else who must pay
and damages because of the injury.
(b) Such attorney fees and litigation ex- This exclusion does not apply to liability as-
penses are for defense of that party sumed by the insured under an "insured con-
against a civil or alternative dispute res- tract".
olution proceeding in which damages to
which this insurance applies are alleged.
Page 2 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07
f. Pollution (d) At or from any premises, site or location
(1) "Bodily injury" or "property damage" arising on which any insured or any contractors
out of the actual, alleged or threatened dis- or subcontractors working directly or in-
charge, dispersal, seepage, migration, re- directly on any insured's behalf are per-
lease or escape of "pollutants": forming operations if the "pollutants" are
brought on or to the premises, site or lo-
(a) At or from any premises, site or location cation in connection with such opera-
which is or was at any time owned or tions by such insured, contractor or sub-
occupied by, or rented or loaned to, any contractor. However, this subparagraph
insured. However, this subparagraph does not apply to:
does not apply to:
(i) "Bodily injury" or "property damage"
(i) "Bodily injury" if sustained within a arising out of the escape of fuels,
building and caused by smoke, lubricants or other operating fluids
fumes, vapor or soot produced by or which are needed to perform the
originating from equipment that is normal electrical, hydraulic or me-
used to heat, cool or dehumidify the chanical functions necessary for the
building, or equipment that is used to operation of "mobile equipment" or
heat water for personal use, by the its parts, if such fuels, lubricants or
building's occupants or their guests; other operating fluids escape from a
(ii) "Bodily injury" or "property damage" vehicle part designed to hold, store
for which you may be held liable, if or receive them. This exception does
you are a contractor and the owner not apply if the "bodily injury" or
or lessee of such premises, site or "property damage" arises out of the
location has been added to your pol- intentional discharge, dispersal or re-
icy as an additional insured with re- lease of the fuels, lubricants or other
spect to your ongoing operations operating fluids, or if such fuels, lub-
performed for that additional insured ricants or other operating fluids are
at that premises, site or location and brought on or to the premises, site or
such premises, site or location is not location with the intent that they be
and never was owned or occupied discharged, dispersed or released as
by, or rented or loaned to, any in- part of the operations being per-
sured, other than that additional in- formed by such insured, contractor
sured; or or subcontractor;
(iii) "Bodily injury" or "property damage" (ii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes sustained within a building and
from a "hostile fire"; caused by the release of gases,
(b) At or from any premises, site or location fumes or vapors from materials
which is or was at any time used by or brought into that building in connec-
for any insured or others for the han- tion with operations being performed
dling, storage, disposal, processing or by you or on your behalf by a con-
treatment of waste; tractor or subcontractor; or
(c) Which are or were at any time trans- (iii) "Bodily injury" or "property damage"
ported, handled, stored, treated, dis- arising out of heat, smoke or fumes
posed of, or processed as waste by or from a "hostile fire".
for: (e) At or from any premises, site or location
(i) Any insured; or on which any insured or any contractors
or subcontractors working directly or in-
(ii) Any person or organization for whom directly on any insured's behalf are per-
you may be legally responsible; or forming operations if the operations are
to test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or
in any way respond to, or assess the ef-
fects of, "pollutants".
CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 3 of 16
(2) Any loss, cost or expense arising out of (5) "Bodily injury" or "property damage" arising
any: out of:
(a) Request, demand, order or statutory or (a) The operation of machinery or equip-
regulatory requirement that any insured ment that is attached to, or part of, a
or others test for, monitor, clean up, re- land vehicle that would qualify under the
move, contain, treat, detoxify or neutral- definition of "mobile equipment" if it were
ize, or in any way respond to, or assess not subject to a compulsory or financial
the effects of, "pollutants"; or responsibility law or other motor vehicle
(b) Claim or "suit" by or on behalf of a gov- insurance law in the state where it is li-
ernmental authority for damages be- censed or principally garaged; or
cause of testing for, monitoring, cleaning (b) the operation of any of the machinery or
up, removing, containing, treating, de- equipment listed in Paragraph f.(2) or
toxifying or neutralizing, or in any way f.(3) of the definition of "mobile equip-
responding to, or assessing the effects ment".
of, "pollutants". h. Mobile Equipment
However, this paragraph does not apply to "Bodily injury" or "property damage" arising out
liability for damages because of "property of:
damage" that the insured would have in the
absence of such request, demand, order or (1) The transportation of "mobile equipment" by
statutory or regulatory requirement, or such an "auto" owned or operated by or rented or
claim or "suit" by or on behalf of a govern- loaned to any insured; or
mental authority. (2) The use of "mobile equipment" in, or while
g. Aircraft, Auto Or Watercraft in practice for, or while being prepared for,
any prearranged racing, speed, demolition,
"Bodily injury" or "property damage" arising out or stunting activity.
of the ownership, maintenance, use or en-
trustment to others of any aircraft, "auto" or wa- i. War
tercraft owned or operated by or rented or "Bodily injury" or "property damage", however
loaned to any insured. Use includes operation caused, arising, directly or indirectly, out of:
and "loading or unloading".
(1) War, including undeclared or civil war;
This exclusion applies even if the claims
(2) Warlike action by a military force, including
against any insured allege negligence or other
action in hindering or defending against an
wrongdoing in the supervision, hiring, employ-
actual or expected attack, by any govern-
ment, training or monitoring of others by that
ment, sovereign or other authority using
insured, if the "occurrence" which caused the military personnel or other agents; or
"bodily injury" or "property damage" involved
the ownership, maintenance, use or entrust- (3) Insurrection, rebellion, revolution, usurped
ment to others of any aircraft, "auto" or water- power, or action taken by governmental au-
craft that is owned or operated by or rented or thority in hindering or defending against any
loaned to any insured. of these.
This exclusion does not apply to: j. Damage To Property
(1) A watercraft while ashore on premises you "Property damage" to:
own or rent; (1) Property you own, rent, or occupy, including
(2) A watercraft you do not own that is: any costs or expenses incurred by you, or
any other person, organization or entity, for
(a) Less than 26 feet long; and repair, replacement, enhancement, restora-
(b) Not being used to carry persons or tion or maintenance of such property for
property for a charge; any reason, including prevention of injury to
(3) Parking an "auto" on, or on the ways next a person or damage to another's property;
to, premises you own or rent, provided the (2) Premises you sell, give away or abandon, if
"auto" is not owned by or rented or loaned the "property damage" arises out of any
to you or the insured; part of those premises;
(4) Liability assumed under any "insured con- (3) Property loaned to you;
tract" for the ownership, maintenance or (4) Personal property in the care, custody or
use of aircraft or watercraft; or control of the insured;
Page 4 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07
(5) That particular part of real property on This exclusion does not apply to the loss of use
which you or any contractors or subcontrac- of other property arising out of sudden and ac-
tors working directly or indirectly on your cidental physical injury to "your product" or
behalf are performing operations, if the "your work" after it has been put to its intended
"property damage" arises out of those op- use.
erations; or n. Recall Of Products, Work Or Impaired
(6) That particular part of any property that Property
must be restored, repaired or replaced be- Damages claimed for any loss, cost or ex-
cause "your work" was incorrectly per- pense incurred by you or others for the loss of
formed on it. use, withdrawal, recall, inspection, repair, re-
Paragraphs (1), (3) and (4) of this exclusion do placement, adjustment, removal or disposal of:
not apply to "property damage" (other than (1) "Your product";
damage by fire) to premises, including the con-
tents of such premises, rented to you for a pe- (2) "Your work"; or
riod of 7 or fewer consecutive days. A separate (3) "Impaired property";
limit of insurance applies to Damage To Prem-
if such product, work, or property is withdrawn
ises Rented To You as described in Section III
or recalled from the market or from use by any
– Limits Of Insurance.
person or organization because of a known or
Paragraph (2) of this exclusion does not apply suspected defect, deficiency, inadequacy or
if the premises are "your work" and were never dangerous condition in it.
occupied, rented or held for rental by you.
o. Personal And Advertising Injury
Paragraphs (3), (4), (5) and (6) of this exclu-
"Bodily injury" arising out of "personal and ad-
sion do not apply to liability assumed under a
vertising injury".
sidetrack agreement.
p. Electronic Data
Paragraph (6) of this exclusion does not apply
to "property damage" included in the "products- Damages arising out of the loss of, loss of use
completed operations hazard". of, damage to, corruption of, inability to access,
or inability to manipulate electronic data.
k. Damage To Your Product
As used in this exclusion, electronic data
"Property damage" to "your product" arising out
means information, facts or programs stored as
of it or any part of it.
or on, created or used on, or transmitted to or
l. Damage To Your Work from computer software, including systems and
"Property damage" to "your work" arising out of applications software, hard or floppy disks, CD-
it or any part of it and included in the "products- ROMS, tapes, drives, cells, data processing
completed operations hazard". devices or any other media which are used
with electronically controlled equipment.
This exclusion does not apply if the damaged
work or the work out of which the damage aris- q. Distribution Of Material In Violation Of
es was performed on your behalf by a subcon- Statutes
tractor. "Bodily injury" or "property damage" arising di-
m. Damage To Impaired Property Or Property rectly or indirectly out of any action or omission
Not Physically Injured that violates or is alleged to violate:
"Property damage" to "impaired property" or (1) The Telephone Consumer Protection Act
property that has not been physically injured, (TCPA), including any amendment of or
arising out of: addition to such law; or
(1) A defect, deficiency, inadequacy or danger- (2) The CAN-SPAM Act of 2003, including any
ous condition in "your product" or "your amendment of or addition to such law; or
work"; or (3) Any statute, ordinance or regulation, other
(2) A delay or failure by you or anyone acting than the TCPA or CAN-SPAM Act of 2003,
on your behalf to perform a contract or that prohibits or limits the sending, transmit-
agreement in accordance with its terms. ting, communicating or distribution of mate-
rial or information.
CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 5 of 16
Exclusions c. through n. do not apply to damage c. Material Published Prior To Policy Period
by fire to premises while rented to you or tempo- "Personal and advertising injury" arising out of
rarily occupied by you with permission of the own- oral or written publication of material whose
er. A separate limit of insurance applies to this first publication took place before the beginning
coverage as described in Section III – Limits Of of the policy period.
Insurance.
d. Criminal Acts
COVERAGE B PERSONAL AND ADVERTISING
INJURY LIABILITY "Personal and advertising injury" arising out of
a criminal act committed by or at the direction
1. Insuring Agreement of the insured.
a. We will pay those sums that the insured be- e. Contractual Liability
comes legally obligated to pay as damages
because of "personal and advertising injury" to "Personal and advertising injury" for which the
which this insurance applies. We will have the insured has assumed liability in a contract or
right and duty to defend the insured against agreement. This exclusion does not apply to li-
any "suit" seeking those damages. However, ability for damages that the insured would have
we will have no duty to defend the insured in the absence of the contract or agreement.
against any "suit" seeking damages for "per- f. Breach Of Contract
sonal and advertising injury" to which this in-
"Personal and advertising injury" arising out of
surance does not apply. We may, at our discre-
a breach of contract, except an implied con-
tion, investigate any offense and settle any
tract to use another's advertising idea in your
claim or "suit" that may result. But:
"advertisement".
(1) The amount we will pay for damages is
g. Quality Or Performance Of Goods – Failure
limited as described in Section III – Limits
To Conform To Statements
Of Insurance; and
"Personal and advertising injury" arising out of
(2) Our right and duty to defend end when we
the failure of goods, products or services to
have used up the applicable limit of insur-
conform with any statement of quality or per-
ance in the payment of judgments or set-
formance made in your "advertisement".
tlements under Coverages A or B or medi-
cal expenses under Coverage C. h. Wrong Description Of Prices
No other obligation or liability to pay sums or "Personal and advertising injury" arising out of
perform acts or services is covered unless ex- the wrong description of the price of goods,
plicitly provided for under Supplementary Pay- products or services stated in your "advertise-
ments – Coverages A and B. ment".
b. This insurance applies to "personal and adver- i. Infringement Of Copyright, Patent,
tising injury" caused by an offense arising out Trademark Or Trade Secret
of your business but only if the offense was "Personal and advertising injury" arising out of
committed in the "coverage territory" during the the infringement of copyright, patent, trade-
policy period. mark, trade secret or other intellectual property
2. Exclusions rights. Under this exclusion, such other intellec-
tual property rights do not include the use of
This insurance does not apply to: another's advertising idea in your "advertise-
a. Knowing Violation Of Rights Of Another ment".
"Personal and advertising injury" caused by or However, this exclusion does not apply to in-
at the direction of the insured with the fringement, in your "advertisement", of copy-
knowledge that the act would violate the rights right, trade dress or slogan.
of another and would inflict "personal and ad- j. Insureds In Media And Internet Type
vertising injury". Businesses
b. Material Published With Knowledge Of "Personal and advertising injury" committed by
Falsity an insured whose business is:
"Personal and advertising injury" arising out of (1) Advertising, broadcasting, publishing or
oral or written publication of material, if done by telecasting;
or at the direction of the insured with
knowledge of its falsity. (2) Designing or determining content of web-
sites for others; or
Page 6 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07
(3) An Internet search, access, content or (3) Insurrection, rebellion, revolution, usurped
service provider. power, or action taken by governmental au-
However, this exclusion does not apply to Par- thority in hindering or defending against any
agraphs 14.a., b. and c. of "personal and ad- of these.
vertising injury" under the Definitions Section. p. Distribution Of Material In Violation Of
For the purposes of this exclusion, the placing Statutes
of frames, borders or links, or advertising, for "Personal and advertising injury" arising direct-
you or others anywhere on the Internet, is not ly or indirectly out of any action or omission
by itself, considered the business of advertis- that violates or is alleged to violate:
ing, broadcasting, publishing or telecasting. (1) The Telephone Consumer Protection Act
k. Electronic Chatrooms Or Bulletin Boards (TCPA), including any amendment of or
"Personal and advertising injury" arising out of addition to such law; or
an electronic chatroom or bulletin board the in- (2) The CAN-SPAM Act of 2003, including any
sured hosts, owns, or over which the insured amendment of or addition to such law; or
exercises control. (3) Any statute, ordinance or regulation, other
l. Unauthorized Use Of Another's Name Or than the TCPA or CAN-SPAM Act of 2003,
Product that prohibits or limits the sending, transmit-
"Personal and advertising injury" arising out of ting, communicating or distribution of mate-
the unauthorized use of another's name or rial or information.
product in your e-mail address, domain name COVERAGE C MEDICAL PAYMENTS
or metatag, or any other similar tactics to mis- 1. Insuring Agreement
lead another's potential customers.
a. We will pay medical expenses as described
m. Pollution below for "bodily injury" caused by an accident:
"Personal and advertising injury" arising out of (1) On premises you own or rent;
the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or es- (2) On ways next to premises you own or rent;
cape of "pollutants" at any time. or
n. Pollution-Related (3) Because of your operations;
Any loss, cost or expense arising out of any: provided that:
(1) Request, demand, order or statutory or (a) The accident takes place in the "cover-
regulatory requirement that any insured or age territory" and during the policy peri-
others test for, monitor, clean up, remove, od;
contain, treat, detoxify or neutralize, or in (b) The expenses are incurred and reported
any way respond to, or assess the effects to us within one year of the date of the
of, "pollutants"; or accident; and
(2) Claim or suit by or on behalf of a govern- (c) The injured person submits to examina-
mental authority for damages because of tion, at our expense, by physicians of
testing for, monitoring, cleaning up, remov- our choice as often as we reasonably
ing, containing, treating, detoxifying or neu- require.
tralizing, or in any way responding to, or b. We will make these payments regardless of
assessing the effects of, "pollutants". fault. These payments will not exceed the ap-
o. War plicable limit of insurance. We will pay reason-
"Personal and advertising injury", however able expenses for:
caused, arising, directly or indirectly, out of: (1) First aid administered at the time of an
(1) War, including undeclared or civil war; accident;
(2) Warlike action by a military force, including (2) Necessary medical, surgical, x-ray and
action in hindering or defending against an dental services, including prosthetic devic-
actual or expected attack, by any govern- es; and
ment, sovereign or other authority using (3) Necessary ambulance, hospital, profes-
military personnel or other agents; or sional nursing and funeral services.
CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 7 of 16
2. Exclusions f. Prejudgment interest awarded against the
We will not pay expenses for "bodily injury": insured on that part of the judgment we pay. If
we make an offer to pay the applicable limit of
a. Any Insured insurance, we will not pay any prejudgment in-
To any insured, except "volunteer workers". terest based on that period of time after the of-
b. Hired Person fer.
To a person hired to do work for or on behalf of g. All interest on the full amount of any judgment
any insured or a tenant of any insured. that accrues after entry of the judgment and
before we have paid, offered to pay, or depos-
c. Injury On Normally Occupied Premises ited in court the part of the judgment that is
To a person injured on that part of premises within the applicable limit of insurance.
you own or rent that the person normally occu- These payments will not reduce the limits of insur-
pies. ance.
d. Workers Compensation And Similar Laws 2. If we defend an insured against a "suit" and an
To a person, whether or not an "employee" of indemnitee of the insured is also named as a party
any insured, if benefits for the "bodily injury" to the "suit", we will defend that indemnitee if all of
are payable or must be provided under a work- the following conditions are met:
ers' compensation or disability benefits law or a a. The "suit" against the indemnitee seeks dam-
similar law. ages for which the insured has assumed the li-
e. Athletics Activities ability of the indemnitee in a contract or
agreement that is an "insured contract";
To a person injured while practicing, instructing
or participating in any physical exercises or b. This insurance applies to such liability as-
games, sports, or athletic contests. sumed by the insured;
f. Products-Completed Operations Hazard c. The obligation to defend, or the cost of
Preview
Filing # 191633996 E-Filed 02/09/2024 11:30:54 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA LENNAR HOMES, LLC and LEN-CG SOUTH, LLC Plaintiffs, CASE NO. v. THE CINCINNATI SPECIALTY UNDERWRITERS INSURANCE COMPANY; QBE SPECIALTY INSURANCE COMPANY; UNDERWRITERS AT LLOYD’S, LONDON; SOUTHERN-OWNERS INSURANCE COMPANY; UNITED SPECIALTY INSURANCE COMPANY; JAMES RIVER INSURANCE COMPANY; and CLEAR BLUE INSURANCE COMPANY; Defendants. EXHIBIT 19 FLORIDA POLICYHOLDER NOTICE 626.924 (2) This policy is issued by a nonadmitted or surplus lines insurer. In order to comply with Florida Statutes, the following notice is given: SURPLUS LINES INSURERS’ POLICY RATES AND FORMS ARE NOT APPROVED BY ANY FLORIDA REGULATORY AGENCY. PN-01US 04-10 Page 1 of 1 COMMERCIAL GENERAL LIABILITY DECLARATIONS POLICY NUMBER JAMES RIVER INSURANCE COMPANY 00087717-0 6641 WEST BROAD STREET, SUITE 300 RICHMOND, VA 23230 1. NAMED INSURED AND MAILING ADDRESS: PRODUCER: 21166 DM Construction Limited Inc Bass Underwriters, Inc. (Plantation) PO Box 561248 6951 West Sunrise Boulevard Orlando, FL 32856 Plantation, FL 33313 2. POLICY PERIOD: From 12/14/2018 to 12/14/2019 12:01 A.M. Standard Time at your Mailing Address above. IN RETURN FOR THE PAYMENT OF THE PREMIUM, IN RELIANCE UPON THE STATEMENTS IN THE APPLICATION(S) AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. LIMITS OF INSURANCE EACH OCCURRENCE LIMIT $ 1,000,000 DAMAGE TO PREMISES RENTED TO YOU LIMIT $ 50,000 Any one premises MEDICAL EXPENSE LIMIT $ 1,000 Any one person PERSONAL & ADVERTISING INJURY LIMIT $ 1,000,000 Any one person or organization GENERAL AGGREGATE LIMIT $ 2,000,000 PRODUCTS/COMPLETED OPERATIONS $ 2,000,000 AGGREGATE LIMIT RETROACTIVE DATE (CG 00 02 ONLY) THIS INSURANCE DOES NOT APPLY TO "BODILY INJURY", "PROPERTY DAMAGE" OR "PERSONAL AND ADVERTISING INJURY" WHICH OCCURS BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN BELOW. RETROACTIVE DATE: NONE; THIS IS NOT A CLAIMS MADE POLICY (ENTER DATE OR "NONE" IF NO RETROACTIVE DATE APPLIES) DESCRIPTION OF BUSINESS FORM OF BUSINESS: Corporation BUSINESS DESCRIPTION: Residential Stucco Contractor MC0001US 04-16 Page 1 of 2 ALL PREMISES YOU OWN, RENT OR OCCUPY LOCATION NUMBER ADDRESS OF ALL PREMISES YOU OWN, RENT OR OCCUPY 1 3700 Curry Ford Rd, Orlando, FL 32856 CLASSIFICATION AND PREMIUM LOCATION CLASSIFICATION CODE PREMIUM RATE ADVANCE NUMBER NO. BASE $ PREMIUM $ 1 Contractors executive 91580 I supervisors or executive superintendents 1 Contractors - 91583 I subcontracted work - in connection with building construction, reconstruction, repair or erection - one or two family dwellings 1 Plastering or Stucco Work 98449 TOTAL PREMIUM (SUBJECT TO AUDIT) If checked, premium shown is flat and not Company Fee subject to audit TOTAL SHOWN IS PAYABLE: AT INCEPTION AUDIT PERIOD (IF APPLICABLE) FREQUENCY: Annual ENDORSEMENTS ENDORSEMENTS ATTACHED TO THIS POLICY: See attached schedule A – Schedule of Forms THESE DECLARATIONS, TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORM(S) AND ANY ENDORSEMENT(S), COMPLETE THE ABOVE NUMBERED POLICY. MC0001US 04-16 Page 2 of 2 SCHEDULE A FORMS AND ENDORSEMENTS THAT APPLY TO THIS POLICY: POLICY NO. 00087717-0 FORM NUMBER DESCRIPTION PN-01US-0410 Florida Policyholder Notice MC0001US-0416 Commercial General Liability Declarations AP0001US-0403 Schedule A CG0001-1207 Commercial General Liability Coverage Form AP2103US-0607 Minimum Policy Premium AP2300US-1106 Composite Rate Endorsement AP5012US-1203 Policy Limitation - Amended Aggregate Limits of Insurance per Project MC2105US-1016 Deductible Endorsement - Damages and Expenses MC2126US-0913 Premium Base Endorsement CG2404-0509 Waiver of Transfer of Rights of Recovery Against Others to Us CG2404-0509 Waiver of Transfer of Rights of Recovery Against Others to Us AP5031US-0410 Primary and Non Contributory Endorsement AP5031US-0410 Primary and Non Contributory Endorsement CG2010-0704 Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization CG2010-0704 Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization CG2037-0704 Additional Insured - Owners, Lessees or Contractors - Completed Operations CG2037-0704 Additional Insured - Owners, Lessees or Contractors - Completed Operations AP1013US-0516 Premium Audit Conditions Amended AP2033US-0310 Independent Contractors - Special Provisions - Specified Limits AP2104US-1012 Common Policy Conditions AP2107US-0403 Binding Arbitration CG0068-0509 Recording and Distribution of Material or Information in Violation of the Law Exclusion CG2107-0514 Exclusion - Access or Disclosure of Confidential or Pers Info and Data-Related Liability - Limited BI Exc not Included CG2136-0305 Exclusion - New Entities CG2147-1207 Employment-Related Practices Exclusion CG2167-1204 Fungi or Bacteria Exclusion CG2186-1204 Exclusion - Exterior Insulation and Finish Systems IL0021-0908 Nuclear Energy Liability Exclusion AP1007US-0514 Exclusion Operations Covered by a Consolidated Insurance Program (Wrap-Up, OCIP, CCIP) AP2029US-1210 Combined Policy Exclusions AP2031US-0411 Exclusion - Cross Suits AP2036US-1105 Absolute Pollution and Pollution Related Liability - Exclusion AP2111US-1105 Exclusion - Punitive Damages AP5018US-0604 Exclusion - Work Performed in New York State AP5039US-1209 Tainted Drywall Material Exclusion GC2131US-0403 Fiduciary Exclusion MC2104US-0810 Exclusion - Work on Behalf of Condominium Owners Association AP1014US-1005 Florida Policy Changes AP5027R-0115 Rejection of Coverage for Certified Acts of Terrorism Coverage CG2175-0115 Exclusion of Certified Acts of Terrorism and Exclusion of Other Acts of Terrorism AP0001US 04-03 1 of 2 Committed Outside the United States ILP001-0104 US Treasury Departments Office of Foreign Assets Control (OFAC) Advisory Notice to Policyholders AP0100US-0403 Privacy Policy AP0001US 04-03 2 of 2 COMMERCIAL GENERAL LIABILITY CG 00 01 12 07 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. b. This insurance applies to "bodily injury" and Read the entire policy carefully to determine rights, "property damage" only if: duties and what is and is not covered. (1) The "bodily injury" or "property damage" is Throughout this policy the words "you" and "your" caused by an "occurrence" that takes place refer to the Named Insured shown in the Declarations, in the "coverage territory"; and any other person or organization qualifying as a (2) The "bodily injury" or "property damage" Named Insured under this policy. The words "we", occurs during the policy period; and "us" and "our" refer to the company providing this insurance. (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II – Who Is The word "insured" means any person or organization An Insured and no "employee" authorized qualifying as such under Section II – Who Is An In- by you to give or receive notice of an "oc- sured. currence" or claim, knew that the "bodily in- Other words and phrases that appear in quotation jury" or "property damage" had occurred, in marks have special meaning. Refer to Section V – whole or in part. If such a listed insured or Definitions. authorized "employee" knew, prior to the SECTION I – COVERAGES policy period, that the "bodily injury" or "property damage" occurred, then any con- COVERAGE A BODILY INJURY AND PROPERTY tinuation, change or resumption of such DAMAGE LIABILITY "bodily injury" or "property damage" during 1. Insuring Agreement or after the policy period will be deemed to a. We will pay those sums that the insured be- have been known prior to the policy period. comes legally obligated to pay as damages c. "Bodily injury" or "property damage" which because of "bodily injury" or "property damage" occurs during the policy period and was not, to which this insurance applies. We will have prior to the policy period, known to have oc- the right and duty to defend the insured against curred by any insured listed under Paragraph any "suit" seeking those damages. However, 1. of Section II – Who Is An Insured or any we will have no duty to defend the insured "employee" authorized by you to give or re- against any "suit" seeking damages for "bodily ceive notice of an "occurrence" or claim, in- injury" or "property damage" to which this in- cludes any continuation, change or resumption surance does not apply. We may, at our discre- of that "bodily injury" or "property damage" af- tion, investigate any "occurrence" and settle ter the end of the policy period. any claim or "suit" that may result. But: d. "Bodily injury" or "property damage" will be (1) The amount we will pay for damages is deemed to have been known to have occurred limited as described in Section III – Limits at the earliest time when any insured listed un- Of Insurance; and der Paragraph 1. of Section II – Who Is An In- (2) Our right and duty to defend ends when we sured or any "employee" authorized by you to have used up the applicable limit of insur- give or receive notice of an "occurrence" or claim: ance in the payment of judgments or set- tlements under Coverages A or B or medi- (1) Reports all, or any part, of the "bodily injury" cal expenses under Coverage C. or "property damage" to us or any other in- surer; No other obligation or liability to pay sums or perform acts or services is covered unless ex- (2) Receives a written or verbal demand or plicitly provided for under Supplementary Pay- claim for damages because of the "bodily ments – Coverages A and B. injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has oc- curred or has begun to occur. CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 1 of 16 e. Damages because of "bodily injury" include c. Liquor Liability damages claimed by any person or organiza- "Bodily injury" or "property damage" for which tion for care, loss of services or death resulting any insured may be held liable by reason of: at any time from the "bodily injury". (1) Causing or contributing to the intoxication of 2. Exclusions any person; This insurance does not apply to: (2) The furnishing of alcoholic beverages to a a. Expected Or Intended Injury person under the legal drinking age or un- "Bodily injury" or "property damage" expected der the influence of alcohol; or or intended from the standpoint of the insured. (3) Any statute, ordinance or regulation relating This exclusion does not apply to "bodily injury" to the sale, gift, distribution or use of alco- resulting from the use of reasonable force to holic beverages. protect persons or property. This exclusion applies only if you are in the b. Contractual Liability business of manufacturing, distributing, selling, "Bodily injury" or "property damage" for which serving or furnishing alcoholic beverages. the insured is obligated to pay damages by d. Workers' Compensation And Similar Laws reason of the assumption of liability in a con- Any obligation of the insured under a workers' tract or agreement. This exclusion does not compensation, disability benefits or unem- apply to liability for damages: ployment compensation law or any similar law. (1) That the insured would have in the absence e. Employer's Liability of the contract or agreement; or "Bodily injury" to: (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily (1) An "employee" of the insured arising out of injury" or "property damage" occurs subse- and in the course of: quent to the execution of the contract or (a) Employment by the insured; or agreement. Solely for the purposes of liabil- (b) Performing duties related to the conduct ity assumed in an "insured contract", rea- of the insured's business; or sonable attorney fees and necessary litiga- tion expenses incurred by or for a party (2) The spouse, child, parent, brother or sister other than an insured are deemed to be of that "employee" as a consequence of damages because of "bodily injury" or Paragraph (1) above. "property damage", provided: This exclusion applies whether the insured (a) Liability to such party for, or for the cost may be liable as an employer or in any other of, that party's defense has also been capacity and to any obligation to share damag- assumed in the same "insured contract"; es with or repay someone else who must pay and damages because of the injury. (b) Such attorney fees and litigation ex- This exclusion does not apply to liability as- penses are for defense of that party sumed by the insured under an "insured con- against a civil or alternative dispute res- tract". olution proceeding in which damages to which this insurance applies are alleged. Page 2 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 f. Pollution (d) At or from any premises, site or location (1) "Bodily injury" or "property damage" arising on which any insured or any contractors out of the actual, alleged or threatened dis- or subcontractors working directly or in- charge, dispersal, seepage, migration, re- directly on any insured's behalf are per- lease or escape of "pollutants": forming operations if the "pollutants" are brought on or to the premises, site or lo- (a) At or from any premises, site or location cation in connection with such opera- which is or was at any time owned or tions by such insured, contractor or sub- occupied by, or rented or loaned to, any contractor. However, this subparagraph insured. However, this subparagraph does not apply to: does not apply to: (i) "Bodily injury" or "property damage" (i) "Bodily injury" if sustained within a arising out of the escape of fuels, building and caused by smoke, lubricants or other operating fluids fumes, vapor or soot produced by or which are needed to perform the originating from equipment that is normal electrical, hydraulic or me- used to heat, cool or dehumidify the chanical functions necessary for the building, or equipment that is used to operation of "mobile equipment" or heat water for personal use, by the its parts, if such fuels, lubricants or building's occupants or their guests; other operating fluids escape from a (ii) "Bodily injury" or "property damage" vehicle part designed to hold, store for which you may be held liable, if or receive them. This exception does you are a contractor and the owner not apply if the "bodily injury" or or lessee of such premises, site or "property damage" arises out of the location has been added to your pol- intentional discharge, dispersal or re- icy as an additional insured with re- lease of the fuels, lubricants or other spect to your ongoing operations operating fluids, or if such fuels, lub- performed for that additional insured ricants or other operating fluids are at that premises, site or location and brought on or to the premises, site or such premises, site or location is not location with the intent that they be and never was owned or occupied discharged, dispersed or released as by, or rented or loaned to, any in- part of the operations being per- sured, other than that additional in- formed by such insured, contractor sured; or or subcontractor; (iii) "Bodily injury" or "property damage" (ii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes sustained within a building and from a "hostile fire"; caused by the release of gases, (b) At or from any premises, site or location fumes or vapors from materials which is or was at any time used by or brought into that building in connec- for any insured or others for the han- tion with operations being performed dling, storage, disposal, processing or by you or on your behalf by a con- treatment of waste; tractor or subcontractor; or (c) Which are or were at any time trans- (iii) "Bodily injury" or "property damage" ported, handled, stored, treated, dis- arising out of heat, smoke or fumes posed of, or processed as waste by or from a "hostile fire". for: (e) At or from any premises, site or location (i) Any insured; or on which any insured or any contractors or subcontractors working directly or in- (ii) Any person or organization for whom directly on any insured's behalf are per- you may be legally responsible; or forming operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the ef- fects of, "pollutants". CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 3 of 16 (2) Any loss, cost or expense arising out of (5) "Bodily injury" or "property damage" arising any: out of: (a) Request, demand, order or statutory or (a) The operation of machinery or equip- regulatory requirement that any insured ment that is attached to, or part of, a or others test for, monitor, clean up, re- land vehicle that would qualify under the move, contain, treat, detoxify or neutral- definition of "mobile equipment" if it were ize, or in any way respond to, or assess not subject to a compulsory or financial the effects of, "pollutants"; or responsibility law or other motor vehicle (b) Claim or "suit" by or on behalf of a gov- insurance law in the state where it is li- ernmental authority for damages be- censed or principally garaged; or cause of testing for, monitoring, cleaning (b) the operation of any of the machinery or up, removing, containing, treating, de- equipment listed in Paragraph f.(2) or toxifying or neutralizing, or in any way f.(3) of the definition of "mobile equip- responding to, or assessing the effects ment". of, "pollutants". h. Mobile Equipment However, this paragraph does not apply to "Bodily injury" or "property damage" arising out liability for damages because of "property of: damage" that the insured would have in the absence of such request, demand, order or (1) The transportation of "mobile equipment" by statutory or regulatory requirement, or such an "auto" owned or operated by or rented or claim or "suit" by or on behalf of a govern- loaned to any insured; or mental authority. (2) The use of "mobile equipment" in, or while g. Aircraft, Auto Or Watercraft in practice for, or while being prepared for, any prearranged racing, speed, demolition, "Bodily injury" or "property damage" arising out or stunting activity. of the ownership, maintenance, use or en- trustment to others of any aircraft, "auto" or wa- i. War tercraft owned or operated by or rented or "Bodily injury" or "property damage", however loaned to any insured. Use includes operation caused, arising, directly or indirectly, out of: and "loading or unloading". (1) War, including undeclared or civil war; This exclusion applies even if the claims (2) Warlike action by a military force, including against any insured allege negligence or other action in hindering or defending against an wrongdoing in the supervision, hiring, employ- actual or expected attack, by any govern- ment, training or monitoring of others by that ment, sovereign or other authority using insured, if the "occurrence" which caused the military personnel or other agents; or "bodily injury" or "property damage" involved the ownership, maintenance, use or entrust- (3) Insurrection, rebellion, revolution, usurped ment to others of any aircraft, "auto" or water- power, or action taken by governmental au- craft that is owned or operated by or rented or thority in hindering or defending against any loaned to any insured. of these. This exclusion does not apply to: j. Damage To Property (1) A watercraft while ashore on premises you "Property damage" to: own or rent; (1) Property you own, rent, or occupy, including (2) A watercraft you do not own that is: any costs or expenses incurred by you, or any other person, organization or entity, for (a) Less than 26 feet long; and repair, replacement, enhancement, restora- (b) Not being used to carry persons or tion or maintenance of such property for property for a charge; any reason, including prevention of injury to (3) Parking an "auto" on, or on the ways next a person or damage to another's property; to, premises you own or rent, provided the (2) Premises you sell, give away or abandon, if "auto" is not owned by or rented or loaned the "property damage" arises out of any to you or the insured; part of those premises; (4) Liability assumed under any "insured con- (3) Property loaned to you; tract" for the ownership, maintenance or (4) Personal property in the care, custody or use of aircraft or watercraft; or control of the insured; Page 4 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 (5) That particular part of real property on This exclusion does not apply to the loss of use which you or any contractors or subcontrac- of other property arising out of sudden and ac- tors working directly or indirectly on your cidental physical injury to "your product" or behalf are performing operations, if the "your work" after it has been put to its intended "property damage" arises out of those op- use. erations; or n. Recall Of Products, Work Or Impaired (6) That particular part of any property that Property must be restored, repaired or replaced be- Damages claimed for any loss, cost or ex- cause "your work" was incorrectly per- pense incurred by you or others for the loss of formed on it. use, withdrawal, recall, inspection, repair, re- Paragraphs (1), (3) and (4) of this exclusion do placement, adjustment, removal or disposal of: not apply to "property damage" (other than (1) "Your product"; damage by fire) to premises, including the con- tents of such premises, rented to you for a pe- (2) "Your work"; or riod of 7 or fewer consecutive days. A separate (3) "Impaired property"; limit of insurance applies to Damage To Prem- if such product, work, or property is withdrawn ises Rented To You as described in Section III or recalled from the market or from use by any – Limits Of Insurance. person or organization because of a known or Paragraph (2) of this exclusion does not apply suspected defect, deficiency, inadequacy or if the premises are "your work" and were never dangerous condition in it. occupied, rented or held for rental by you. o. Personal And Advertising Injury Paragraphs (3), (4), (5) and (6) of this exclu- "Bodily injury" arising out of "personal and ad- sion do not apply to liability assumed under a vertising injury". sidetrack agreement. p. Electronic Data Paragraph (6) of this exclusion does not apply to "property damage" included in the "products- Damages arising out of the loss of, loss of use completed operations hazard". of, damage to, corruption of, inability to access, or inability to manipulate electronic data. k. Damage To Your Product As used in this exclusion, electronic data "Property damage" to "your product" arising out means information, facts or programs stored as of it or any part of it. or on, created or used on, or transmitted to or l. Damage To Your Work from computer software, including systems and "Property damage" to "your work" arising out of applications software, hard or floppy disks, CD- it or any part of it and included in the "products- ROMS, tapes, drives, cells, data processing completed operations hazard". devices or any other media which are used with electronically controlled equipment. This exclusion does not apply if the damaged work or the work out of which the damage aris- q. Distribution Of Material In Violation Of es was performed on your behalf by a subcon- Statutes tractor. "Bodily injury" or "property damage" arising di- m. Damage To Impaired Property Or Property rectly or indirectly out of any action or omission Not Physically Injured that violates or is alleged to violate: "Property damage" to "impaired property" or (1) The Telephone Consumer Protection Act property that has not been physically injured, (TCPA), including any amendment of or arising out of: addition to such law; or (1) A defect, deficiency, inadequacy or danger- (2) The CAN-SPAM Act of 2003, including any ous condition in "your product" or "your amendment of or addition to such law; or work"; or (3) Any statute, ordinance or regulation, other (2) A delay or failure by you or anyone acting than the TCPA or CAN-SPAM Act of 2003, on your behalf to perform a contract or that prohibits or limits the sending, transmit- agreement in accordance with its terms. ting, communicating or distribution of mate- rial or information. CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 5 of 16 Exclusions c. through n. do not apply to damage c. Material Published Prior To Policy Period by fire to premises while rented to you or tempo- "Personal and advertising injury" arising out of rarily occupied by you with permission of the own- oral or written publication of material whose er. A separate limit of insurance applies to this first publication took place before the beginning coverage as described in Section III – Limits Of of the policy period. Insurance. d. Criminal Acts COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY "Personal and advertising injury" arising out of a criminal act committed by or at the direction 1. Insuring Agreement of the insured. a. We will pay those sums that the insured be- e. Contractual Liability comes legally obligated to pay as damages because of "personal and advertising injury" to "Personal and advertising injury" for which the which this insurance applies. We will have the insured has assumed liability in a contract or right and duty to defend the insured against agreement. This exclusion does not apply to li- any "suit" seeking those damages. However, ability for damages that the insured would have we will have no duty to defend the insured in the absence of the contract or agreement. against any "suit" seeking damages for "per- f. Breach Of Contract sonal and advertising injury" to which this in- "Personal and advertising injury" arising out of surance does not apply. We may, at our discre- a breach of contract, except an implied con- tion, investigate any offense and settle any tract to use another's advertising idea in your claim or "suit" that may result. But: "advertisement". (1) The amount we will pay for damages is g. Quality Or Performance Of Goods – Failure limited as described in Section III – Limits To Conform To Statements Of Insurance; and "Personal and advertising injury" arising out of (2) Our right and duty to defend end when we the failure of goods, products or services to have used up the applicable limit of insur- conform with any statement of quality or per- ance in the payment of judgments or set- formance made in your "advertisement". tlements under Coverages A or B or medi- cal expenses under Coverage C. h. Wrong Description Of Prices No other obligation or liability to pay sums or "Personal and advertising injury" arising out of perform acts or services is covered unless ex- the wrong description of the price of goods, plicitly provided for under Supplementary Pay- products or services stated in your "advertise- ments – Coverages A and B. ment". b. This insurance applies to "personal and adver- i. Infringement Of Copyright, Patent, tising injury" caused by an offense arising out Trademark Or Trade Secret of your business but only if the offense was "Personal and advertising injury" arising out of committed in the "coverage territory" during the the infringement of copyright, patent, trade- policy period. mark, trade secret or other intellectual property 2. Exclusions rights. Under this exclusion, such other intellec- tual property rights do not include the use of This insurance does not apply to: another's advertising idea in your "advertise- a. Knowing Violation Of Rights Of Another ment". "Personal and advertising injury" caused by or However, this exclusion does not apply to in- at the direction of the insured with the fringement, in your "advertisement", of copy- knowledge that the act would violate the rights right, trade dress or slogan. of another and would inflict "personal and ad- j. Insureds In Media And Internet Type vertising injury". Businesses b. Material Published With Knowledge Of "Personal and advertising injury" committed by Falsity an insured whose business is: "Personal and advertising injury" arising out of (1) Advertising, broadcasting, publishing or oral or written publication of material, if done by telecasting; or at the direction of the insured with knowledge of its falsity. (2) Designing or determining content of web- sites for others; or Page 6 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 (3) An Internet search, access, content or (3) Insurrection, rebellion, revolution, usurped service provider. power, or action taken by governmental au- However, this exclusion does not apply to Par- thority in hindering or defending against any agraphs 14.a., b. and c. of "personal and ad- of these. vertising injury" under the Definitions Section. p. Distribution Of Material In Violation Of For the purposes of this exclusion, the placing Statutes of frames, borders or links, or advertising, for "Personal and advertising injury" arising direct- you or others anywhere on the Internet, is not ly or indirectly out of any action or omission by itself, considered the business of advertis- that violates or is alleged to violate: ing, broadcasting, publishing or telecasting. (1) The Telephone Consumer Protection Act k. Electronic Chatrooms Or Bulletin Boards (TCPA), including any amendment of or "Personal and advertising injury" arising out of addition to such law; or an electronic chatroom or bulletin board the in- (2) The CAN-SPAM Act of 2003, including any sured hosts, owns, or over which the insured amendment of or addition to such law; or exercises control. (3) Any statute, ordinance or regulation, other l. Unauthorized Use Of Another's Name Or than the TCPA or CAN-SPAM Act of 2003, Product that prohibits or limits the sending, transmit- "Personal and advertising injury" arising out of ting, communicating or distribution of mate- the unauthorized use of another's name or rial or information. product in your e-mail address, domain name COVERAGE C MEDICAL PAYMENTS or metatag, or any other similar tactics to mis- 1. Insuring Agreement lead another's potential customers. a. We will pay medical expenses as described m. Pollution below for "bodily injury" caused by an accident: "Personal and advertising injury" arising out of (1) On premises you own or rent; the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- (2) On ways next to premises you own or rent; cape of "pollutants" at any time. or n. Pollution-Related (3) Because of your operations; Any loss, cost or expense arising out of any: provided that: (1) Request, demand, order or statutory or (a) The accident takes place in the "cover- regulatory requirement that any insured or age territory" and during the policy peri- others test for, monitor, clean up, remove, od; contain, treat, detoxify or neutralize, or in (b) The expenses are incurred and reported any way respond to, or assess the effects to us within one year of the date of the of, "pollutants"; or accident; and (2) Claim or suit by or on behalf of a govern- (c) The injured person submits to examina- mental authority for damages because of tion, at our expense, by physicians of testing for, monitoring, cleaning up, remov- our choice as often as we reasonably ing, containing, treating, detoxifying or neu- require. tralizing, or in any way responding to, or b. We will make these payments regardless of assessing the effects of, "pollutants". fault. These payments will not exceed the ap- o. War plicable limit of insurance. We will pay reason- "Personal and advertising injury", however able expenses for: caused, arising, directly or indirectly, out of: (1) First aid administered at the time of an (1) War, including undeclared or civil war; accident; (2) Warlike action by a military force, including (2) Necessary medical, surgical, x-ray and action in hindering or defending against an dental services, including prosthetic devic- actual or expected attack, by any govern- es; and ment, sovereign or other authority using (3) Necessary ambulance, hospital, profes- military personnel or other agents; or sional nursing and funeral services. CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 7 of 16 2. Exclusions f. Prejudgment interest awarded against the We will not pay expenses for "bodily injury": insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of a. Any Insured insurance, we will not pay any prejudgment in- To any insured, except "volunteer workers". terest based on that period of time after the of- b. Hired Person fer. To a person hired to do work for or on behalf of g. All interest on the full amount of any judgment any insured or a tenant of any insured. that accrues after entry of the judgment and before we have paid, offered to pay, or depos- c. Injury On Normally Occupied Premises ited in court the part of the judgment that is To a person injured on that part of premises within the applicable limit of insurance. you own or rent that the person normally occu- These payments will not reduce the limits of insur- pies. ance. d. Workers Compensation And Similar Laws 2. If we defend an insured against a "suit" and an To a person, whether or not an "employee" of indemnitee of the insured is also named as a party any insured, if benefits for the "bodily injury" to the "suit", we will defend that indemnitee if all of are payable or must be provided under a work- the following conditions are met: ers' compensation or disability benefits law or a a. The "suit" against the indemnitee seeks dam- similar law. ages for which the insured has assumed the li- e. Athletics Activities ability of the indemnitee in a contract or agreement that is an "insured contract"; To a person injured while practicing, instructing or participating in any physical exercises or b. This insurance applies to such liability as- games, sports, or athletic contests. sumed by the insured; f. Products-Completed Operations Hazard c. The obligation to defend, or the cost of