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COMMERCIAL GENERAL LIABILITY <br />CG 00 0107 98 <br />COMMERCIAL GENERAL LIABILITY COVERAGE FORM <br />Various provisions in this policy restrict coverage. <br />Read the entire policy carefully to determine rights, <br />duties and what is and is not covered. <br />Throughout this policy the words "you" and "your" refer <br />to the Named Insured shown in the Declarations, and <br />any other person or organization qualifying as a <br />Named Insured under this policy. The words "we", "us" <br />and "our" refer to the company providing this insur- <br />ance. <br />The word "insured" means any person or organization <br />qualifying as such under Section II — Who Is An In- <br />sured. <br />Other words and phrases that appear in quotation 2. <br />marks have special meaning. Refer to Section V — <br />Definitions. <br />SECTION I — COVERAGES <br />COVERAGE A BODILY INJURY AND PROPERTY ` <br />DAMAGE LIABILITY \\\71 <br />1. Insuring Agreement <br />a. We will pay those sums that the insured be- <br />comes legally obligated to pay as damages be- <br />cause of "bodily injury' or "property damage" to <br />which this insurance applies. We will have the <br />right and duty to defend the insured against any <br />"suit" seeking those damages. However, we will <br />have no duty to defend the insured against any <br />"suit" seeking damages for "bodily injury' or <br />"property damage" to which this insurance does <br />not apply. We may, at our discretion, investi- <br />gate any "occurrence" and settle any claim or <br />"suit" that may result. But: <br />(1) The amount we will pay for damages is <br />limited as described in Section III — Limits <br />Of Insurance; and <br />(2) Our right and duty to defend end when we <br />have used up the applicable limit of insur- <br />ance in the payment of judgments or set- <br />tlements under Coverages A or B or medi- <br />cal expenses under Coverage C. <br />No other obligation or liability to pay sums or <br />perform acts or services is covered unless ex- <br />plicitly provided for under Supplementary Pay- <br />ments — Coverages A and B. <br />b. This insurance applies to "bodily injury" and <br />"property damage" only if: <br />(1) The "bodily injury" or "property damage" is <br />caused by an "occurrence" that takes place <br />in the "coverage territory'; and <br />(2) The "bodily injury" or "property damage" <br />occurs during the policy period. <br />c. Damages because of "bodily injury' include <br />damages claimed by any person or organiza- <br />tion for care, loss of services or death resulting <br />at any time from the "bodily injury". <br />Exclusions <br />This insurance does not apply to: <br />a. Expected Or Intended Injury <br />"Bodily injury" or "property damage" expected <br />or intended from the standpoint of the insured. <br />This exclusion does not apply to "bodily injury" <br />resulting from the use of reasonable force to <br />protect persons or property. <br />b. Contractual Liability <br />"Bodily injury" or "property damage" for which <br />the insured is obligated to pay damages by <br />reason of the assumption of liability in a con- <br />tract or agreement. This exclusion does not <br />apply to liability for damages: <br />(1) That the insured would have in the absence <br />of the contract or agreement; or <br />(2) Assumed in a contract or agreement that is <br />an "insured contract", provided the "bodily <br />injury' or "property damage" occurs subse- <br />quent to the execution of the contract or <br />agreement. Solely for the purposes of liabil- <br />ity assumed in an "insured contract", rea- <br />sonable attorney fees and necessary litiga- <br />tion expenses incurred by or for a party <br />other than an insured are deemed to be <br />damages because of "bodily injury" or <br />"property damage", provided: <br />(a) Liability to such party for, or for the cost <br />of, that party's defense has also been <br />assumed in the same "insured contract", <br />and <br />CG 00 01 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 13 ❑ <br />