Planned Unit Development Liability Coverage Form

Transcription

1 Please read the entire policy. Words in bold print, other than titles and headings, have the meaning given to them in the Definitions section. For the applicable limits of insurance refer to the Declarations Pages and the Limits of Insurance section of this coverage form. Representations By accepting this policy you agree that: A. the statements on the Declarations Pages are accurate and complete; B. those statements are based upon representations you made to us; and C. we have issued this policy in reliance upon your representations. Concealment, Misrepresentation or Fraud We will not pay for any loss or damage if you have, or any other insured shown on the Declarations Pages has, whether before or after a loss, intentionally concealed or misrepresented any material fact or circumstance or made false statements or engaged in fraudulent conduct relating to this insurance. Agreement We will provide the insurance described in this policy in return for the premium and your compliance with all provisions of this policy, including endorsements. DH (08-14) Page 1 of 15

2 Bodily Injury and Property Damage Liability Coverage A. We will pay all sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. This insurance applies only to bodily injury or property damage: 1. that first occurs during the policy period; 2. that is caused by an occurrence, which takes place in the coverage territory; and 3. that arises from the conduct of your business as a planned unit development. B. We have the right and duty to defend any claim or suit seeking covered damages. We may investigate and settle any claim or suit at our discretion but: 1. the amount we will pay for damages is limited as described in the Limits Of Insurance section; and 2. our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided under the Supplementary Payments section. Exclusions This insurance does not apply to: A. any amount payable by any insured to others as a result of a punitive or exemplary damages judgment against any insured. B. bodily injury or property damage expected or intended from the standpoint of any insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. C. bodily injury or property damage arising out of any contract or agreement. This exclusion does not apply to liability the insured would have in the absence of the contract or agreement. This exclusion does not apply to liability assumed in an insured contract provided that the bodily injury or property damage occurs subsequent to the execution of the insured contract. D. any obligation of any insured under a workers compensation, disability benefits or unemployment compensation law, or any similar law. E. bodily injury to: 1. a person arising out of and in the course of: a. employment by any insured; b. refusal to employ that person; c. termination of that person s employment; or DH (08-14) Page 2 of 15

3 d. employment related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person. 2. the spouse, child, parent, brother, or sister of that person as a consequence of a bodily injury to that person at whom any of the employment related practices described in a., b., c., and d. above. This exclusion applies whether any insured may be liable as an employer or in any other capacity and applies to any obligation to share damages with or repay someone else who must pay damages because of the injury, and whether the injury causing event described above in a., b., c., and d. occurs before, during, or after employment of that person. This exclusion does not apply to liability assumed by you under an insured contract. F. bodily injury or property damage arising out of the presence of or the actual, alleged or threatened release, discharge, escape, dispersal, seepage, or migration of pollutants. This exclusion does not apply to: 1. bodily injury or property damage caused by heat, smoke, or fumes from a hostile fire. A hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be; or 2. bodily injury that is sustained within a building at an insured location and that is caused by smoke, fumes, vapors, or soot from equipment used to heat, cool, or humidify such building. G. any loss, cost, or expense arising out of any governmental: 1. direction, demand, order, statutory or regulatory requirement or request that you test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize or in any way respond to, or assessing the effects of, pollutants. 2. claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, pollutants. H. bodily injury or property damage arising out of the ownership, maintenance, use, loading or unloading, or entrustment to others of any aircraft, auto, or watercraft owned or operated by or rented or loaned to any insured. This exclusion does not apply to a watercraft while ashore on an insured location. I. bodily injury or property damage arising out of nuclear reaction, radiation, or radioactive contamination, however caused. J. bodily injury or property damage arising out of war, whether or not declared, or any act or condition incident to war, including preparing or defending against an actual or expected attack. War includes civil war, insurrection, rebellion, or revolution. K. bodily injury or property damage arising out of any business or professional activities conducted by any insured. The conduct of your business as a planned unit development is not considered to be professional activities. DH (08-14) Page 3 of 15

4 L. property damage to: 1. property you own, rent or occupy; 2. property loaned to you; 3. personal property in the care, custody or control of any insured; 4. premises you have sold, given away or abandoned if the property damage arises out of any part of those premises; 5. that particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the property damage arises out of those operations; or 6. that particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. 1., 2., and 3. above do not apply to property damage (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. The Premises Rented To You limit shown in the Limits of Insurance section of the Declarations Pages applies. M. bodily injury or property damage sustained by any insured. N. bodily injury or property damage arising out of fraud committed by any insured. O. bodily injury or property damage arising out of willful injury by any insured to the property or person of another. P. bodily injury or property damage arising out of willful violation of a penal statute or ordinance committed by or with the consent of any insured. Q. bodily Injury or property damage arising out of any wrongful act, including any wrongful employment practices act. R. bodily injury arising out of communicable disease of any kind transmitted by any insured, including sexually transmitted disease. S. bodily injury arising out of: 1. the actual or threatened sexual molestation, corporal punishment, or abuse of any person; or 2. the negligent employment, retention, investigation, supervision, or reporting to proper authorities or failure to so report of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by 1. above. T. Bodily injury or property damage for which any insured may be held liable by reason of: 1. causing or contributing to the intoxication of any person; 2. the furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or 3. any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training, or monitoring of others by that insured; or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage, involved that which is described in 1., 2., or 3. above. DH (08-14) Page 4 of 15

5 However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving, or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving, or furnishing alcoholic beverages. U. Bodily injury or property damage arising out of the transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured. V. Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate: 1. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; 2. The CAN-SPAM Act of 2003, including any amendment of or addition to such law; 3. The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or 4. Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN- SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating, or distribution of material or information. W. Bodily injury or property damage arising out of organic pathogens or any other loss, cost or expense, including but not limited to, losses, costs, or expenses related to, arising from or associated with clean-up, remediation, containment, removal, or abatement, caused directly or indirectly, in whole or in part, by the organic pathogens regardless of any other cause, event, material, product, and/or building component that contributed concurrently or in any sequence to that bodily injury or property damage loss, cost, or expense. X. Bodily injury or property damage that is continuing or progressive and commenced before or after the policy period. This exclusion shall apply whether or not the insured s legal obligation to pay for the damages for bodily injury and property damage was established before the policy inception date. Y. Bodily injury or property damage or any other loss, cost, or expense arising out of the presence, ingestion, inhalation, or absorption of, or exposure to lead, asbestos, or silica in any form or products containing lead, asbestos, or silica. Z. Bodily Injury to any person arising out of any sporting event or practice, athletic contest, or exhibition you sponsor, host, or allow another entity to sponsor or host. Personal Injury and Advertising Injury Liability Coverage A. We will pay all sums that the insured becomes legally obligated to pay as damages because of personal injury or advertising injury to which this insurance applies. This insurance applies only to personal injury or advertising injury caused by an act which: 1. was committed in the coverage territory; 2. first committed during the policy period; and DH (08-14) Page 5 of 15

6 3. arises out of the conduct of your business as a planned unit development. B. We have the right and duty to defend any claim or suit seeking covered damages. We may investigate and settle any claim or suit at our discretion but: 1. the amount we will pay for damages is limited as described in the Limits of Insurance section; and 2. our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided under the Supplementary Payments section. Exclusions This insurance does not apply to any punitive or exemplary damages judgment against any insured, nor does it apply to personal injury or advertising injury: A. arising out of oral or written publication of material if done by or at the direction of any insured with knowledge of its falsity. B. arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. C. arising out of any business or professional activity conducted by you. The conduct of your business as a planned unit development is not considered to be professional activities. D. arising out of the willful violation of a penal statute or ordinance committed by or with the consent of the insured. E. for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. F. sustained by any insured. G. arising out of the presence of or the actual, alleged or threatened release, discharge, escape, dispersal, seepage, or migration of pollutants at any time. H. any loss, cost or expense arising out of any: 1. request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to, or assess the effects of, pollutants; or 2. claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing, or in any way responding to, or assessing the effects of, pollutants. I. arising out of nuclear reaction, radiation, or radioactive contamination, however caused. DH (08-14) Page 6 of 15

7 J. arising out of war, whether or not declared, or any act or condition incident to war, including preparing or defending against an actual or expected attack. War includes civil war, insurrection, rebellion, or revolution. K. caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal injury or advertising injury. L. arising out of a breach of contract, except an implied contract to use another's advertising idea in your advertisement. M. arising out of the failure of goods, products, or services to conform with any statement of quality or performance made in your advertisement. N. arising out of the wrong description of the price of goods, products, or services stated in your advertisement. O. arising out of the infringement of copyright, patent, trademark, trade secret, or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another's advertising idea in your advertisement. However, this exclusion does not apply to infringement, in your advertisement, of copyright, trade dress or slogan. P. arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. Q. arising out of the unauthorized use of another's name or product in your address, domain name or metatag, or any other similar tactics to mislead another's potential customers. R. arising directly or indirectly out of any action or omission that violates or is alleged to violate: 1. the Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; 2. the CAN-SPAM Act of 2003, including any amendment of or addition to such law; 3. the Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or 4. any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN- SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating, or distribution of material or information. S. arising out of: 1. the actual or threatened sexual molestation, corporal punishment, or abuse of any person; or 2. the negligent employment, retention, investigation, supervision, or reporting to proper authorities or failure to so report of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by 1. above. DH (08-14) Page 7 of 15

8 T. which is continuing or progressive and commenced before or after the policy period. This exclusion shall apply whether or not the insured s legal obligation to pay for the damages for personal injury or advertising injury was established before the policy inception date. U. or any other loss, cost, or expense arising out of the presence, ingestion, inhalation, absorption of, or exposure to lead, asbestos, or silica in any form or products containing lead, asbestos, or silica. V. arising out of any wrongful act, including any wrongful employment practices act. Premises Medical Payments Coverage We will pay reasonable medical and funeral expenses not to exceed the applicable limit of insurance as described in the Limits Of Insurance section and without regard to fault that result from bodily injury and caused by an accident provided that: A. the accident takes place during the policy period; B. the accident takes place at on, at, or on ways next to an insured location; C. the expenses are incurred and reported to us within 1 year of the date of the accident; and D. the injured person submits to examination, at our expense, by physicians of our choice as often as we require. Exclusions This insurance does not apply to bodily injury to any person: A. who is an insured. B. hired to do work for or on behalf of any insured. C. who is a tenant or hired to do work for or on behalf of a tenant of any insured. D. whether or not such person is an employee of any insured, if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. E. who is injured while practicing, instructing, or participating in any physical exercises or games, sports, or athletics. F. injured on that part of premises you own or rent that the injured person normally occupies. G. whose injuries arise out of any exclusion listed under the section Bodily Injury and Property Damage Liability, Exclusions. DH (08-14) Page 8 of 15

9 Supplementary Payments With respect to any claim or suit we defend under this policy and to which this insurance applies, we will pay in addition to the applicable Business Liability limit of insurance shown in the Limits of Insurance section of the Declarations Pages: A. all expenses we incur. B. up to $1,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which bodily injury liability coverage applies. We do not have to furnish or obtain these bonds. C. the premium for bonds to release attachments but only for bond amounts within the applicable Business Liability limit of insurance shown on the Declarations Pages. We do not have to furnish or obtain these bonds. D. all reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings of up to $250 a day because of time off from work. E. all court costs taxed against the insured in the suit. However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. F. pre-judgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any pre-judgment interest based on that period of time after the offer. G. all interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. Limits of Insurance A. Each Occurrence or Act The most we will pay for the sum of all damages to which this policy applies as a result of any one occurrence or any one act is the applicable Liability limit shown in the Limits of Insurance section of the Declarations Pages regardless of the number of: 1. Insureds; 2. claims made or suits brought; 3. persons or organizations making claims or bringing suits; 4. policies issued by us to any insured. If such other policies exist, the maximum limit of this Company's liability shall not exceed the highest applicable limit set forth in any one such policy where coverage applies; 5. coverages applicable to any occurrence or act. B. All Occurrences or Acts The most we will pay for all damages to which this policy applies, regardless of the number of occurrences or acts that take place during any consecutive policy period of 12 months or DH (08-14) Page 9 of 15

10 less, is the Aggregate Limit for Business Liability shown in the Limits of Insurance section of the Declarations Pages. If the policy period is extended for a period of less than 12 months, then the additional period will be deemed part of the last preceding period for purposes of determining the limit of insurance. This provision does not apply to Premises Medical Payments coverage. With respect to items A. and B. above, all bodily injury or property damage resulting from any one accident, including continuous or repeated exposure to the same harmful conditions, shall be considered to be the result of one occurrence. C. The most we will pay for medical and funeral expenses as provided under Premises Medical Payments coverage for any one accident is the Premises Medical Payments limit shown in the Limits of Insurance section of the Declarations Pages. Conditions Your Duties in the Event of an Occurrence, Act, Claim, or Suit A. You must promptly notify us of an occurrence or act that may result in a claim. To the extent possible, notice should include: 1. how, when, and where the occurrence or act took place; 2. the names and addresses of all injured persons and witnesses; and 3. the nature and location of any injury or damage arising out of the occurrence or act. B. If a claim is made or suit is brought against any insured, we must be notified promptly in writing and you and any other involved insured must: 1. immediately send us copies of any demands, notices, summonses, or other legal papers received in connection with the claim or suit; 2. authorize us to obtain records and other information; 3. cooperate with us in the investigation, settlement, or defense of the claim or suit; and 4. assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to any insured because of injury or damage to which this insurance may also apply. C. No insured shall, except at the insured's own cost, make a payment, assume any obligation or incur any expense, other than for first aid, without our consent. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover, our obligations are limited as follows: A. Excess Insurance The insurance provided by this policy is excess over any other insurance except insurance specifically written to cover as excess over the limits of this policy. We have no duty to defend any claim or suit that any other insurer has a duty to defend. If no other insurer DH (08-14) Page 10 of 15

11 defends, we will undertake to do so but we will be entitled to the insured's rights against any such other insurers. B. Method of Sharing If more than one insurer, including us, owes a defense to the insured, then we will contribute by limits. Under this method, each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. We will not contribute by equal shares. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this policy, those rights shall be transferred to us. The insured shall do nothing to impair said rights. At our request, the insured shall help us to enforce them. This condition does not apply to Premises Medical Payments coverage. Bankruptcy Bankruptcy or insolvency of any insured or any insured's estate will not relieve us of our obligations. Legal Action Against Us A. No person or organization has a right under this policy: 1. to join us as a party or otherwise bring us into a suit asking for damages from any insured. 2. to sue us on this policy unless all of its terms have been fully complied with. B. A person or organization may sue us to recover on an agreed settlement or on a final judgment against any insured obtained after an actual trial, but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limits of coverage. An agreed settlement means a settlement and release of liability signed by us, the insured, and the claimant or the claimant's legal representative. Separation Of Insureds Except with respect to the Limits of Insurance, this insurance applies separately to each insured against whom claim is made or suit is brought. DH (08-14) Page 11 of 15

12 Definitions Accident means an undesigned, unexpected and rapidly occurring event that is neither expected nor intended from the standpoint of the insured. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods, products, or services for the purpose of attracting customers or supporters. For the purposes of this definition: A. notices that are published include material placed on the Internet or on similar electronic means of communication; and B. regarding web sites, only that part of a web site that is about your goods, products, or services for the purposes of attracting customers or supporters is considered an advertisement. Advertising Injury means: A. injury resulting from an oral or written publication of material that disparages a person's or organization's goods, products, or services; B. the use of another's advertising idea in your advertisement; or C. infringing upon another's copyright, trade dress, or slogan in your advertisement. Auto means: A. a land motor vehicle, trailer or semi-trailer designed for travel on public roads, including any attached machinery or equipment; or B. any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, auto does not include mobile equipment. Bodily Injury means bodily injury and sickness or disease sustained by a person, including death resulting from any of these at any time. Coverage Territory means: A. the United States of America, its territories and possessions, Puerto Rico and Canada; B. international waters or airspace, provided the injury or damage occurs in the course of travel or transportation to or from any place included in A. above; or C. all parts of the world if the injury or damage arises out of: 1. the activities of a person whose home is in the territory described in A. above but is away for a short time on your business; 2. personal injury and advertising injury acts that take place through the Internet or similar electronic means of communication; or 3. goods or products made or sold by you in the territory described in A. above; provided the insured's responsibility to pay damages is determined in a suit on the merits in the territory described in A. above or in a settlement to which we agree. Insured means the following entities and persons, but only with respect to or arising out of the conduct of your business as a planned unit development: DH (08-14) Page 12 of 15

13 A. a partnership or joint venture shown on the Declarations Pages, its partners, members and their spouses; B. a trust shown on the Declarations Pages and its trustees as respects their duties as such; C. a limited liability company shown on the Declarations Pages and its members as respects their duties as such; D. any organization, other than a partnership, joint venture, trust, or limited liability company, shown on the Declarations Pages, its executive officers, stockholders, and members and managers, but only with respect to their duties as such; E. any of your members, but only with respect to their liability for your activities or activities they perform on your behalf; F. your employees, but only for acts within the course and scope of their employment by you; G. volunteer workers, but only while performing their authorized duties; H. any person or organization while acting as your property manager for an insured location. I. any person or organization having lawful, temporary custody of your property if you die. J. your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this policy. However, insured does not include any of the above entities or persons in its, his, or her fiduciary capacity as a board, board member, or an officer or director. Insured Contract means that part of any contract pertaining to the conduct of your business as a planned unit development under which you assume the tort liability of another to pay damages because of bodily injury or property damage to a third person or organization if the contract is made prior to the bodily injury or property damage. An insured contract does not include: A. a contract or agreement that indemnifies an architect, engineer, or surveyor for injury or damage arising out of: 1. preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs, or specifications. 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. B. a contract or agreement that pertains to the loan, lease, or rental of an auto to you. C. a contract with any other insured. Insured Location means the combined parcels, tracts, and lots that are included within the planned unit development boundary identified in a site plan and commonly referred to by the address listed under Location shown on the Declarations Pages. Mobile Equipment means any of the following types of land vehicles, including any attached machinery or equipment: A. bulldozers, farm machinery, forklifts, and other vehicles designed for use principally off public roads; B. vehicles maintained for use solely on or next to premises you own or rent; C. vehicles that travel on crawler treads; D. vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted power cranes, shovels, loaders, diggers, drills, road construction or resurfacing equipment such as graders, scrapers, or rollers; DH (08-14) Page 13 of 15

14 E. vehicles not described in Paragraph A., B., C., or D. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: 1. air compressors, pumps and generators, including spraying, welding, building, cleaning, geophysical exploration, lighting, and well servicing equipment; or 2. cherry pickers and similar devices used to raise or lower workers; F. vehicles not described in Paragraph A., B., C., or D. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos: A. equipment designed primarily for: 1. snow removal; 2. road maintenance, but not construction or resurfacing; or 3. street cleaning; B. cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and C. air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. Mobile Equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Occurrence means an accident, which includes continuous or repeated exposure to the same harmful conditions, but continuing or progressive injury or damage over any length of time shall be deemed to be one occurrence and shall be deemed to occur only when such injury or damage first commenced. Organic Pathogens means any bacteria, virus, fungus, mold, mushroom, yeast, mildew or mycotoxin or other metabolic products or their spores, toxin, scent, vapor or gas or byproducts, or any reproductive body they produce, or other emission or organic or inorganic body or substance produced by or arising out of it. Our means the company providing this insurance. Personal Injury means injury, other than bodily injury, arising out of one or more of the following acts: A. false arrest, detention, or imprisonment; B. malicious prosecution; C. wrongful entry into premises that a person or organization occupies or wrongful eviction of a person or organization from premises that the person or organization occupies; D. oral or written publication of material that slanders or libels a person or organization; E. oral or written publication of material that violates a person's right of privacy. DH (08-14) Page 14 of 15

15 Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, and waste. Waste includes materials to be recycled, reconditioned or reclaimed. Property damage means: A. physical injury to tangible property, including resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or B. loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts, or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, or any other media which are used with electronically controlled equipment. Us means the company providing this insurance. We means the company providing this insurance. Wrongful act means any actual or alleged error, misstatement, misleading statement, neglect or breach of duty, omission, or act by an insured or any matter claimed against an insured solely by reason of the insured serving as a former, present, or future director, officer, trustee, employee or volunteer of insured. Wrongful Employment Practices act means any actual or alleged: A. wrongful dismissal, discharge or termination of employment; B. breach of any implied employment contract; C. employment-related misrepresentation; D. violation of any federal, state or local statute, regulation, ordinance, or common law concerning employment or discrimination in employment; E. sexual harassment or other illegal workplace harassment; F. wrongful failure to promote or employ; G. wrongful reference, discipline, or deprivation of a career opportunity; H. failure to adopt adequate workplace or employment policies and procedures; or I. illegal retaliatory treatment. You and Your means the insured shown on the Declarations Pages. DH (08-14) Page 15 of 15