with work for a municipality;
<br />e. An elevator maintenance agreement;
<br />f. That part of any other contract or agreement
<br />pertaining to your business (including an
<br />indemnification of a municipality in connection
<br />with work performed for a municipality) under
<br />which you assume the tort liability of another
<br />party to pay for "bodily injury" or "property
<br />damage" to a third person or organization. Tort
<br />liability means a liability that would be imposed
<br />by law in the absence of any contract or
<br />agreement.
<br />An "insured contract" does not include that part of
<br />any contract or agreement:
<br />a. That indemnifies any person or organization for
<br />"bodily injury" or "property damage" arising out
<br />of construction or demolition operations, within
<br />50 feet of any railroad property and affecting
<br />any railroad bridge or trestle, tracks, road-beds,
<br />tunnel, underpass or crossing;
<br />b. That indemnifies an architect, engineer or
<br />surveyor for injury or damage arising out of:
<br />(1) Preparing, approving or failing to prepare or
<br />approve maps, drawings, opinions, reports,
<br />surveys, change orders, designs or
<br />specifications; or
<br />(2) Giving directions or instructions, or failing
<br />to give them, if that is the primary cause of
<br />the injury or damage;
<br />c. Under which the insured, if an architect,
<br />engineer or surveyor, assumes liability for an
<br />injury or damage arising out of the insured's
<br />rendering or failure to render professional
<br />services, including those listed in b. above and
<br />supervisory, inspection or engineering services;
<br />or
<br />d. That indemnifies any person or organization for
<br />damage by fire to premises rented or loaned to
<br />you.
<br />7. "Loading or unloading" means the handling of
<br />property:
<br />a. After it is moved from the place where it is
<br />accepted for movement into or onto an aircraft,
<br />watercraft or "auto;"
<br />b. While it is in or on an aircraft, watercraft or
<br />"auto;" or
<br />c. While it is being moved from an aircraft,
<br />watercraft or "auto" to the place where it is
<br />finally delivered;
<br />but "loading or unloading" does not include the
<br />movement of property by means of a mechanical
<br />device, other than a hand truck, that is not attached to
<br />the aircraft, watercraft or "auto."
<br />8. "Mobile equipment" means any of the following
<br />types of land . vehicles, including any attached
<br />machinery or equipment:
<br />a. Bulldozers, farm machinery, forklifts and other
<br />vehicles designed for use principally off public
<br />roads;
<br />b. Vehicles maintained for use solely on or next to
<br />premises you own or rent;
<br />c. Vehicles that travel on crawler treads;
<br />d. Vehicles, whether self-propelled or not, main-
<br />tained primarily to provide mobility to perma-
<br />nently mounted:
<br />(1) Power cranes, shovels, loaders, diggers or
<br />drills; or
<br />(2) Road construction or resurfacing equipment
<br />such as graders, scrapers or rollers;
<br />e. Vehicles not described in a., b., c. or d. above
<br />that are not self-propelled and are maintained
<br />primarily to provide mobility to permanently
<br />attached equipment of the following types:
<br />(1) Air compressors, pumps and generators,
<br />including spraying, welding, building
<br />cleaning, geophysical exploration, lighting
<br />and well servicing equipment; or
<br />(2) Cherry pickers and similar devices used to
<br />raise or lower workers;
<br />f. Vehicles not described in a., b., c. or d. above
<br />maintained primarily for purposes other than the
<br />transportation of persons or cargo.
<br />However, self-propelled vehicles with the
<br />following types of permanently attached
<br />equipment are not "mobile equipment" but will
<br />be considered "autos:"
<br />(1) Equipment designed primarily for:
<br />(a) Snow removal;
<br />(b) Road maintenance, but not construction
<br />or resurfacing;
<br />(c) Street cleaning;
<br />(2) Cherry pickers and similar devices mounted
<br />on automobile or truck chassis and used to
<br />raise or lower workers; and
<br />(3) Air compressors, pumps and generators,
<br />including spraying, welding, building
<br />cleaning, geophysical exploration, lighting
<br />and well servicing equipment.
<br />9. "Occurrence" means an accident, including
<br />continuous or repeated exposure to substantially the
<br />same general harmful conditions.
<br />10. "Personal injury" means injury, other than "bodily
<br />injury," arising out of one or more of the following
<br />offenses:
<br />a. False arrest, detention or imprisonment;
<br />b. Malicious prosecution;
<br />c. The wrongful eviction from, wrongful entry into,
<br />or invasion of the right of private occupancy of a
<br />room, dwelling or premises that a person
<br />occupies by or on behalf of its owner, landlord
<br />or lessor;
<br />d. Oral or written publication of material that
<br />slanders or libels a person or organization or
<br />disparages a person's or organization's goods,
<br />products or services; or
<br />e. Oral or written publication of material that
<br />Page 8 of 9
<br />CG 0001 (11/88)
|