BERRYMAN AND HENIGAR 082- 2003 - Laserfiche WebLink

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COMMERCIAL GENERAL LIABILITIO would be imposed by law in the absence (3) Arising out of the willful violation of a of any contract or agreement. statute or ordinance committed penal with the consent of the insured. 3, This Provision G. does not apply if COVER - by or for which the insured AGE B. PERSONAL AND ADVERTISING IN- b. "Personal injury" or JURY LIABILITY is excluded by endorse- has assumed liability in a contract This exclusion does not apply ment. agreement. to liability: H. EXTENSION OF COVERAGE — BODILY IN- (1) Assumed in a contract or agreement JURY "insured contract ", provided The definition of "bodily injury" (DEFINITIONS — that is an "personal injury" arises out of an Section V) is deleted and replaced by the follow - the committed subsequent to the ing: offense execution of the contract or agree - "Bodily injury" means bodily injury, mental an- ment; or guish, mental injury, shock, fright, disability, hu- (2) That the insured would have in the miliation, sickness or disease sustained by a per - absence of the contract or agree- son, including death resulting from any of these at ment. any time. "Advertising injury": I. INJURY TO CO- EMPLOYEES C. (1) Arising out of breach of contract, 1. It is agreed that your "employees" are in- "bodily other than misappropriation of adver- sureds with respect to injury" to a co- tising ideas under an implied con- "employee" in the course of the co- tract; "employee's" employment by you, provided of the failure of goods, that this coverage for your "employees" does (2) Arising out or services to conform with not apply to acts outside the scope of their du products employment by you or while performing advertised quality or performance; ties unrelated to the conduct of your busi- (3) Arising out of the wrong description of ness. the price of goods, products or serv- 2 Subparagraphs 2.a.(1)(a), (b) and (c) and ices; 3.a. of WHO IS AN INSURED (Section II) do (4) Arising out of an offense committed not apply to "bodily injury" for which insurance by an insured whose business is ad- is provided by paragraph 1. above. vertising, broadcasting, publishing or AIRCRAFT CHARTERED WITH CREW telecasting; or which the insured has assumed J. 1 following (5) For in or agreement. contained in exclusion g. of COVERAGE A. liability a contract BODILY INJURY AND PROPERTY DAMAGE This exclusion does not apply to li- LIABILITY (Section I — Coverages): ability for damages that the insured would have in the absence of the (This exclusion does not apply to:) Aircraft contract or agreement. chartered with crew to any insured. 2. Subparagraph f. of the definition of "insured 2. This Provision J. does not apply if the char - contract" (DEFINITIONS — Section V) is de- tered aircraft is owned by any insured. leted and replaced by the following: 3. The insurance provided by this Provision J. f. That part of any other contract or agree- shall be excess over any other valid and col - pertaining to your business (includ- lectible insurance available to the insured, ment ing an indemnification of a municipality in whether primary, excess, contingent or on connection with work performed for a any other basis, except for insurance pur- municipality) under which you assume the chased specifically by you to be excess of tort liability of another party to pay for this policy. "bodily injury", "property damage" or "per- K. NON -OWNED WATERCRAFT sonal injury" to a third party or organiza- 1 exception of tion. Tort liability means a liability that son g of A. BODILY INJURY Copyright, The Travelers Indemnity Company, 1999 CG D1 86 09 99 Page 4 of 5