Purpose of Training. Disclaimer

Transcription

1 Purpose of Training The Council of Contracting Agencies (CCA) Committee on Risk Management and Insurance recommends that public entities have a program of risk management and insurance so as to minimize the impact of claims upon the public entity related to contractor activity. An effective risk management program will include some combination of contractual protection and insurance requirements. For any risk management program to be effective, contracts should be enforced and compliance with insurance requirements should be verified. This training recommends the use of the newly-available ACORD 855 addendum, in combination with the standard ACORD 25 insurance certificate. Verification of contractor insurance will require a working knowledge of additional insured s and basic insurance policy provisions. The New York State Department of Transportation has volunteered to share with agencies the current guidance used to evaluate additional insured s. Disclaimer Neither the CCA nor the presenters can be responsible for assuring that insurance coverage meets the needs of a public entity. No attorney-client relationship exists between the presenters and the attendees or their agencies. No warranties are expressed or implied concerning the applicability of insurance policies or s as concerns any particular claim or possible claim; even policy language that is currently accepted or rejected by NYSDOT. Attendees are urged to consult an attorney and/or insurance professional concerning the adequacy of any particular insurance policy to the risks faced by a public entity. If necessary, order and read the contractor insurance policies.

2 COMMERCIAL GENERAL LIABILITY CLAIMS-MADE GEN'L AGGREGATE LIMIT APPLIES PER: PRO- POLICY JECT LOC AUTOMOBILE LIABILITY CERTIFICATE OF LIABILITY INSURANCE OCCUR EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DATE (MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES T AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES T CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an. A statement on this certificate does not confer rights to the certificate holder in lieu of such (s). PRODUCER INSURED Insured name should match contractor name COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. TWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER? POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS GENERAL LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS N-OWNED AUTOS Policy # CONTACT NAME: PHONE (A/C, No, Ext): ADDRESS: INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : Coverage period INSURER(S) AFFORDING COVERAGE Carrier name(s) COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) FAX (A/C, No): $ $ Date NAIC # NAIC # Limits match contract requirements UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS-MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A Workers compensation and disability to be provided on NYS form WC STATU- TORY LIMITS E.L. EACH ACCIDENT OTHER E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Description, project number, aditional insured attached CERTIFICATE HOLDER Include name and address of certificate holder CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, TICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Signed ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD * This information is provided as general guidance and is not intended to be legal advice. Consult with your agency s legal counsel to determine if responses received on the ACORD form are appropriate.

3 AGENCY CUSTOMER ID: NEW YORK CONSTRUCTION CERTIFICATE OF LIABILITY INSURANCE ADDENDUM DATE (MM/DD/YYYY) THIS ADDENDUM SUMMARIZES SOME OF THE POLICY PROVISIONS IN THE REFERENCED INSURANCE POLICIES AND IS ISSUED AS A MATTER OF INFORMATION ONLY; IT CONFERS RIGHTS UPON THE CERTIFICATE HOLDER. ALL TERMS, EXCLUSIONS AND CONDITIONS IN THE ACTUAL POLICY SHOULD BE CONSULTED FOR A MORE DETAILED ANALYSIS OF COVERAGE, AS THIS ADDENDUM DOES T AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES. AGENCY NAMED INSURED(S) Must match Acord 25 form POLICY NUMBER EFFECTIVE DATE CARRIER NAIC CODE ADDENDUM INFORMATION CERTIFICATE NUMBER: REVISION NUMBER: A. Insurer Admitted / authorized Excess line or free trade zone B. General Liability (GL) policy form ISO / ISO modified Other C. Specific operations excluded or restricted (GL policy) Location: Type of construction: Building height: Review any exclusions against the requirements of the contract Classifications Designated work [see attached declarations / ] [see attached ] D. Additional insured (GL policy) CG CG CG CG CG CG Other: #: Title: If other, review with your counsel E. According to the terms of this GL policy, the additional insured has primary and noncontributory coverage Yes No and no other option is available with this insurer F. Additional insured will receive advance notice if insurer cancels (GL policy) Yes No and no other option is available with this insurer G. Blanket contractual liability located in the "insured contract" definition (Section V, Number 9, Item f. in the ISO CGL policy) is removed or restricted Yes and no other option is available with this insurer No changes made * H. "Insured contract" exception to the employers liability exclusion is removed or modified (GL policy) Yes and no other option is available with this insurer No changes made * I. GL policy (including s) does not cover the additional insured for claims involving injury to employees of the named insured or subcontractors (not workers' compensation) Yes and no other option is available with this insurer No changes made

4 ADDENDUM INFORMATION (continued) AGENCY CUSTOMER ID: J. Earth movement, excavation or explosion / collapse / underground property damage is excluded or restricted (GL policy) Yes and no other option is available with this insurer No changes made * K. Insured vs. insured suits (cross liability in the ISO CGL policy) are excluded or restricted (other than named insured vs. named insured) Yes and no other option is available with this insurer No changes made L. Property damage to work performed by subcontractors (exception to the "damage to your work" exclusion in the ISO CGL policy) is excluded or restricted Yes and no other option is available with this insurer No changes made M. Excess / umbrella policy is primary and non-contributory for additional insureds Yes, by specific policy provision Yes, by No and no other option is available with this insurer This information is provided as general guidance and is not intended to be legal advice. Consult with your agency s legal counsel to determine if responses received on the ACORD form are appropriate. AUTHORIZED REPRESENTATIVE SIGNATURE DATE (MM/DD/YYYY)

5 * Form Number Policy Language Contracts Consultant Permits CG CG SCHEDULE Name of Person or Organization: (If no entry appears above, information required to complete this will be shown in the Declarations as applicable to this.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Who is an insured? shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. CG Who is an insured? shown in the Schedule, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. This is for tenants This is for tenants This is for tenants CG Who is an insured? any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. YES This is for permits This is for permits CG SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Section II Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. * Disclaimer Neither the CCA nor the presenters can be responsible for assuring that insurance coverage meets the needs of a public entity. No attorney-client relationship exists between the presenters and the attendees or their agencies. No warranties are expressed or implied concerning the applicability of insurance policies or s as concerns any particular claim or possible claim; even policy language that is currently accepted or rejected by NYSDOT. Attendees are urged to consult an attorney and/or insurance professional concerning the adequacy of any particular insurance policy to the risks faced by a public entity. If necessary, order and read the contractor insurance policies. March 2016

6 CG Additional Insured Lessor of Leased Equipment SCHEDULE Section II Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). Covers only equipment lessors Covers only equipment lessors Covers only equipment lessors L SCHEDULE A. Section II- WHO IS AN INSURED is, amended to include as an additional, insured any, person(s) or organization(s) you are required, by a 'written contract" to add as an additional insured on this Coverage Part. The written contract" requirement for additional insured status is automatically fulfilled for any additional insured shown in the Schedule above. B. Coverage provided to such additional insured(s) is limited as follows: 1. ONGOING OPERATIONS: Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury or property damage or personal and advertising injury caused in whole or in part by (a) Your acts or omissions; or (b) The acts. or omissions of those acting on your behalf; In the performance of your ongoing operations as specified in the "written contract". 2. COMPLETED OPERATIONS: CG SCHEDULE Section II- Who Is An Insured is amended to include as an additional insured the architects, engineers or surveyors shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. Such architects, engineers or surveyors, while not engaged by you, are contractually required to be added as an additional insured to your policy. * *This MAY be added to policies to provide coverage to consultants on the project but it is not sufficient by itself. * CG Who is an insured? any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured March 2016 Page 2

7 CG Who is an insured? any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. CG Who is an insured? the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. * *This refers only to the completed operations coverage. The may be included, but alone is insufficient. * *This refers only to the completed operations coverage. The may be included, but alone is insufficient. * *This refers only to the completed operations coverage. The may be included, but alone is insufficient. CG CG Peerless/ Liberty Mutual Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above. I. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy to provide insurance such as is afforded under this Coverage Part. Such person or organization is an additional insured only with respect to liability arising out of: a. Your ongoing operations performed for that person or organization; or b. Premises or facilities owned or used by you. March 2016 Page 3

8 CG Liberty Mutual CG Liberty Mutual LC Liberty Mutual ADDITIONAL INSUREDS OWNERS, LESSEES OR CONTRACTORS A. Paragraph 2. under SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract or written agreement. Such person or organization is an additional insured but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by: 1. Your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured that are the subject of the written contract or written agreement. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization whom you have agreed and as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for bodily injury, property damage or personal advertising injury caused in whole or in part by: a. Your acts or omissions, or acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured that are the subject of the written contract or written agreement provided that the bodily injury or property damage occurs, or the personal and advertising injury is committed, subsequent to the signing of such written contract or agreement; or b. Premises or facilities owned or used by you Item 14 Blanket ADDITIONAL INSURED Where Required by Written Contract e. Paragraph 2 of SECTION II - WHO IS AN INSURED is amended to add the following: (4) Owners, Lessees or Contractors: any person or organization whom you are obligated by a written agreement to procure additional insured coverage, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations. Item 15 Blanket ADDITIONAL INSURED- Grantors of Permits LN Liberty Mutual SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization for whom you have agreed in writing to provide liability insurance. But: The insurance provided by this amendment: 1. Applies only to bodily injury or property damage arising out of (a) your work or (b) premises or other property owned or rented by you; 2. Applies only to coverage and minimum limits of insurance required by the written agreement, but in no event exceeds either the scope of coverage or the limits of insurance provided by this policy; and 3. Does not apply to any person or organization for whom you have procured separate liability insurance while such insurance is in effect, regardless of whether the scope of coverage or limits of insurance of this policy exceed those of such other insurance or whether such other insurance is valid and collectible. * If an OCP policy was also required * If an OCP policy was also required YES March 2016 Page 4

9 CG A. Paragraph 2. under SECTION II - WHO IS AN INSURED is amended to include any person or organization when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy, but only with respect to liability for bodily injury, property damage 1. Caused by your work performed for that additional insured that is the subject of the written contract or agreement; and 2. Included in the products-completed operations hazard. *this refers only to the completed operations coverage. The may be included, but alone is insufficient *this refers only to the completed operations coverage. The may be included, but alone is insufficient *this refers only to the completed operations coverage. The may be included, but alone is insufficient CG D St. Paul/ Travelers CG F Travelers WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization that you agree in a written contract requiring insurance to include as an additional insured on this Coverage Part, but: a) Only with respect to liability for bodily injury, property damage or personal injury ; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of your work to which the written contract requiring insurance applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization you are required to include an additional insured on this policy by written contract or written agreement in effect during the policy period and signed and executed by you prior to the loss for which coverage is sought. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The person or organization is only an additional insured with respect to liability caused by your work for that additional insured. March 2016 Page 5

10 CG D Travelers CG D Travelers G D29 CNA WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization that you agree in a written contract requiring insurance to include as an additional insured on this Coverage Part, but: c) Only with respect to liability for bodily injury, property damage or personal injury ; and d) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of your work to which the written contract requiring insurance applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. I. BLANKET ADDITIONAL INSURED- STATES OR POLITICAL SUBDIVISIONS- PERMITS The following is added to SECTION II WHO IS AN INSURED: Any State or political subdivision that has issued a permit in connection with operations performed by you or on your behalf that you are required by any ordinance, law or building code to include as an additional insured, but only with respect to liability for bodily injury, or property damage, personal injury or advertising injury arising out of such operations. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal injury caused in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with your work and included within the productscompleted operations hazard. A. Section II Who is an insured is amended to include as an additional insured: 1. Any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part; 2. Any state, political subdivision, or governmental agency which has issued you a permit or authorization for operations you perform for someone other than the state, political subdivision, or governmental agency; and 3. The particular person or organization, if any, scheduled above. YES YES YES YES March 2016 Page 6

11 G D31 CNA Rev. 01/13 Berkley Custom ECC BP A. Section II Who is an insured is amended to include as an additional insured: 1. Any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part; and 2. The particular person or organization, if any, scheduled above. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for bodily injury, property damage, or personal advertising injury caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the written contract ; or b. Your work that is specified in the written contract but only for bodily injury or property damage included in the productscompleted operations hazard, and only if: (1) The written contract requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. Who is an insured? Any person or organization whom the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in the contract. A. The following is added to Paragraph C. Who Is An Insured: Any person(s) or organization(s) shown in the Schedule is also an additional insured, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this performed for that additional insured and included in the "products-completed operations hazard". YES YES BP The following is added to Paragraph C. Who Is An Insured in Section II- Liability Any person(s) or organization(s) shown in the Schedule is also an additional insured, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations in connection with your premises owned or rented by you. YES, but ONLY if the consultant is working only at their premises. YES PCIC (If no entry appears above, the information required to complete this will be shown in the Declarations as applicable to this.) A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf In the performance of your work for the additional insured(s) at the location(s) designated above performed for that insured and included in the products-completed operations hazard in accordance with this policy. YES* *Warning- This carrier is known to employ action over exclusion for employee claims YES* *Warning- This carrier is known to employ action over exclusion for employee claims YES* *Warning- This carrier is known to employ action over exclusion for employee claims March 2016 Page 7

12 BP Liability is amended as follows: A. The following is added to Paragraph C. Who Is An Insured: 3. Any person(s) or organization(s) for whom you are performing operations is also an additional insured, if you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be included as an additional insured on your policy. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. YES CA With respect to coverage provided by this, the provisions of the Coverage Form apply unless modified by this. This identifies person(s) or organization(s) who are insureds under the Who is an Insured Provision of the Coverage Form. * *Not alone. This modifies the commercial auto policy * *Not alone. This modifies the commercial auto policy Zurich U-GL E CW (4/12) Commercial General Liability Coverage Part A. Section II Who Is An Insured is amended to include as an insured any person or organization who you are required to add as an additional insured on this policy under a written agreement. However, if you have entered into a construction contract or construction agreement with an additional insured person or organization, the insurance afforded to such additional insured only applies to the extent permitted by law. B. The insurance provided to the additional insured, insured person or organization applies only to bodily injury, property damage or personal and advertising injury covered under Section I - Coverage A Bodily Injury And property Damage Liability and Section I Coverage B Personal And Advertising Injury Liability, but only with respect to liability for bodily injury, property damage or personal advertising injury caused in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, and resulting directly from your ongoing operations or your work as included in the products-completed operations hazard, which is the subject of the written contract or written agreement. YES YES March 2016 Page 8

13 Zurich U-GL E CW (4/12) Zurich U-GL B CW (4/13) BPM Commercial General Liability Coverage Part A. The insurance provided to the additional insured, insured person or organization applies only to bodily injury, property damage or personal and advertising injury covered under Section I - Coverage A Bodily Injury And property Damage Liability and Section I Coverage B Personal And Advertising Injury Liability, but only with respect to liability for bodily injury, property damage or personal advertising injury caused in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, In the performance of your ongoing operations or your work as included in the products-completed operations hazard, which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that to which you are required by the written contract or written agreement to provide for such additional insured. General Liability Supplemental Coverage Endorsement Technology F. Additional Insured- Managers or Governmental Entity 1. Section II Who Is An Insured is amended to include as an insured any person or organization who is a manager, lessor or governmental entity who you are required to add as an additional insured on this policy under a written contract, written agreement or permit, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf, and resulting directly from a. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit Contractors Extension Endorsement A. Additional Insureds Each of the following is added to Paragraph C. Who is An Insured of BPM P2- Section II- Liability but only as specifically described by the following: 1. Any person(s) or organization(s) for whom you are performing operations is also an additional insured, when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization ia an additional insured only with respect to liability for bodily injury, property damage, personal and advertising injury caused in whole or in part by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations or your work included within the products-completed operations hazard for the additional insured at the location designated and described in the written contract or agreement. YES YES YES YES March 2016 Page 9

14 CG *amends insured contract definition Who is an insured?* "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. However, such part of a contract or agreement shall only be considered an "insured contract" to the extent your assumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. YES This is for primarily for tenants This is for tenants YES ECP Berkley Specialty Underwriting Section III Who is an insured is amended to include as an insured, with respect to Coverage A, B and D, any person(s) or organization(s) when you and such person(s) or organization(s) have agreed in a written contract or written agreement that such person(s) or organization(s) be added as an additional insured in your policy. Such written contract or written agreement must be in effect prior to the performance of your work which is the subject of such written contract or written agreement. Such additional insured status applies only: 1. Under Coverage A Bodily Injury and Property Damage Liability and Coverage B Personal and Advertising Injury Liability for claims or suits resulting from: a. Your work performed for such person(s) or organization(s) in the performance of your ongoing operations for the additional insured; or b. Your work performed for such person(s) or organization(s) and included in the products-completed operations hazard. March 2016 Page 10

15 ECP Berkley Specialty Underwriting Hanover CG Harleysville [SCHEDULE] Section III Who is an insured is amended to include as an insured, with respect to Coverage A, B and D, any person(s) or organization(s) shown in the schedule above. Such additional insured status applies only: 2. Under Coverage A Bodily Injury and Property Damage Liability and Coverage B Personal and Advertising Injury Liability for claims or suits resulting from: a. Your work performed for such person(s) or organization(s) in the performance of your ongoing operations for the additional insured; or b. Your work performed for such person(s) or organization(s) and included in the products-completed operations hazard. 1. Additional Insured by Contract, Agreement or Permit The following is added to SECTION II WHO IS AN INSURED: Additional Insured by Contract, Agreement or Permit a. Any person or organization with whom you agreed in a written contract, written agreement or permit that such person or organization to add an additional insured on your policy is an additional insured only with respect to liability for bodily injury, property damage, or personal and advertising injury caused, in whole or in part, by your acts or omissions, or the acts or omissions of those acting on your behalf, but only with respect to: (1) "Your work" for the additional insured(s) designated in the contract, agreement or permit; (2) Premises you own, rent, lease or occupy; or (3) Your maintenance, operation or use of equipment leased to you. A. Section II Who Is An Insured is amended to include as an insured any person or organization for whom you are performing operations only as specified under a written contract (for purposes of this referred to as the written contract ) that requires that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability caused, in whole or in part, by the acts or omissions of the Named Insured, or those acting on behalf of the Named Insured, in the performance of the Named Insured s ongoing operations for the additional insured only as specified under the written contract. A person's or organization's status as an insured under this ends when your ongoing operations for that insured are completed. March 2016 Page 11

16 BPM MU Merchants Insurance VCG 761 NY OneBeacon 2004 Ed. Section II ---- Liability is amended as follows: The following is added to Paragraph C. Who Is An Insured: 4. Any person(s) or organization(s) shown in the Schedule is also an additional insured, but only with respect to liability for "bodily injury," "property damage," "personal or advertising injury" caused in whole or part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations or "your work" included within the "products-completed operations" hazard for the additional insured(s) at the location(s) designated above and described in the written contract or agreement. 8. ADDITIONAL INSUREDS BY CONTRACT, AGREEMENT OR PERMIT SECTION II WHO IS AN INSURED is amended to include as an additional insured: 4. a. Any person or organization when you and such person or organization have agreed in writing in a contract, agreement or permit that was executed prior to the bodily injury, property damage or personal advertising injury, that such person or organization be added as an additional insured on your policy. 1. ADDITIONAL INSURED BROAD FORM VENDORS 2. ADDITIONAL INSURED CONTRACT, AGREEMENT OR PERMIT YES March 2016 Page 12