|
4. "Bodily injury" means bodily injury,
<br />disability, sickness or disease sustained by
<br />a person, including death resulting from any
<br />of these at any time. "Bodily Injury" includes
<br />mental anguish or other mental injury
<br />resulting from "bodily iniury".
<br />5. Broad Form Property Damage - Borrowed
<br />Equipment, Customers Goods, Use of Elevators
<br />a. Under SECTION 11 - LIABILITY, B. 8
<br />Exclusions, paragraph 1.k., the following is
<br />added:
<br />Paragraph (4) does not apply to "property
<br />damage" to borrowed equipment while at a
<br />jobsite and not being used to perform
<br />operations.
<br />Paragraph (3), (4) and (6) do not apply to
<br />"property damage" to "customers goods"
<br />while on your premises nor to the use of
<br />elevators.
<br />b. Under SECTION II - LIABILITY, F. Liability
<br />and Medical Expenses Definitions, the
<br />following additional definition is added:
<br />"Customers goods" means property of your
<br />customer on your premises for the purpose
<br />of being:
<br />a. Worked on; or
<br />b. Used in your manufacturing process.
<br />c. The insurance afforded under this provision
<br />is excess over any other valid and
<br />collectible property insurance (including
<br />deductible) available to the insured whether
<br />primary, excess, contingent or on any other
<br />basis.
<br />6. Incidental Malpractice - Employed Nurses,
<br />EMT's and Paramedics
<br />Under SECTION II - LIABILITY, C. Who Is An
<br />Insured, paragraph 2.a.(1)(d) does not apply to a
<br />nurse, emergency medical technician or
<br />paramedic employed by you if you are not
<br />engaged in the business or occupation of
<br />providing medical, paramedical, surgical,
<br />dental, x-ray or nursing services.
<br />7. Personal and Advertising Injury - Broad Form
<br />Under SECTION 11 - LIABILITY, F. Liability and
<br />Medical Expenses Definitions, definition 15,
<br />"Personal and Advertising Injury", paragraph h.
<br />is added as follows:
<br />h. Discrimination or humiliation (unless
<br />insurance thereof is prohibited by law) that
<br />results in injury to the feelings or reputation
<br />of a natural person, but only if such
<br />discrimination or humiliation is:
<br />(1) Not done intentionally by or at the
<br />direction of:
<br />(a) The insured; or
<br />(b) Any officer of the corporation,
<br />director, stockholder, partner or
<br />member of the insured; and
<br />(2) Not directly or indirectly related to an
<br />"employee", nor to the employment,
<br />prospective employment or termination of
<br />any person or persons by an insured.
<br />Product Recall Expense
<br />a. Under SECTION II - LIABILITY, B.
<br />Exclusions, Paragraph 1. o. is replaced in its
<br />entirety by the following:
<br />o. Recall of Products, Work or Impaired
<br />Property
<br />Damages claimed for any loss, cost or
<br />expense incurred by you or others for
<br />the loss of use, withdrawal, recall,
<br />inspection, repair, replacement,
<br />adjustment, removal or disposal of:
<br />(1) "Your product";
<br />(2) "Your work"; or
<br />(3) "Impaired property";
<br />If such product, work or property is
<br />withdrawn or recalled from the market
<br />or from use by any person or
<br />organization because of a known or
<br />suspected defect, deficiency, inadequacy
<br />or dangerous condition in it, but this
<br />exclusion does not apply to "product
<br />recall expenses" that you incur for the
<br />"covered recall" of "your product". The
<br />exception to the exclusion does not
<br />apply to "product recall expenses"
<br />resulting from:
<br />(1) Failure of any products to
<br />accomplish their intended purpose;
<br />(2) Breach of warranties of fitness,
<br />quality, durability or performance;
<br />(3)
<br />Loss of customer approval, or any
<br />cost incurred to regain customer
<br />approval;
<br />(4)
<br />Redistribution or replacement of
<br />"your product" which has been
<br />recalled by like products or
<br />substitutes;
<br />(5)
<br />Caprice or whim of the insured;
<br />(6)
<br />A condition likely to cause loss of
<br />which any insured knew or had
<br />reason to know at the inception of
<br />this insurance;
<br />(7)
<br />Asbestos, including loss, damage
<br />or clean up resulting from asbestos
<br />or asbestos containing materials; or
<br />REVIEWED BY:
<br />e°"
<br />EUNICE HEREDIA (P OF )
<br />391-1006 06 09 Includes copyrighted material of Insurance Services Office, Inc. Page 3 of 5
<br />
|