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Last modified
10/29/2024 10:45:13 AM
Creation date
10/29/2024 8:43:32 AM
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Contracts
Company Name
CUMMING MANAGEMENT GROUP
Contract #
A-2024-159
Agency
Public Works
Council Approval Date
10/1/2024
Expiration Date
9/30/2027
Insurance Exp Date
12/31/2024
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CNA CNA PARAMOUNT <br />General Liability Extension Endorsement <br />The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give <br />the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's <br />reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, <br />the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the <br />Named Insured is aware that this insurance may apply to such occurrence, offense or claim. <br />Em-A:187a1rl:/e1Jd4rlh6411114F. <br />WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: <br />3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has <br />management control: <br />a. on the effective date of this Coverage Part; or <br />b, by reason of a Named Insured creating or acquiring the organization during the policy period, <br />qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, <br />contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have <br />provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or <br />narrower than that provided by this insurance. <br />But this BROAD NAMED INSURED provision does not apply to: <br />(a) any partnership, limited liability company or joint venture; or <br />(b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. <br />For the purpose of this provision, management control means: <br />A. owning interests representing more than 50% of the voting, appointment or designation power for the <br />selection of a majority of the Board of Directors of a corporation; or <br />B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or <br />sell property held by a trust. <br />4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance <br />does not apply to: <br />a. bodily injury or property damage that first occurred prior to the date of management control, or that first <br />occurs after management control ceases; nor <br />b. personal or advertising injury caused by an offense that first occurred prior to the date of management <br />control or that first occurs after management control ceases. <br />5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names <br />or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to <br />employ. <br />6. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES <br />The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this <br />policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for <br />claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks <br />damages from marital community property, jointly held property or property transferred from such natural person <br />Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal <br />representative, or spouse outside the scope of such person's capacity or status as such, provided however that the <br />spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership <br />Named Insureds are Insureds with respect to such spouses' acts, errors or omissions iI "" <br />Insured's business. <br />CNA74879XX (1-15) <br />Page 6 of 13 <br />Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office, Inc., with <br />j� <br />'11 <br />Rick MvftvnmtDM,(on <br />REVIEV%EDd,APPRCNm9Y: <br />��� <br />°'lei11 <br />Fl A <br />Nw�. <br />Risk Management Spedalist <br />
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