CGL – Liquor Liability Excluded

PAL Insurance Brokers Ltd.

ENDORSEMENT NO. 1


ENDORSEMENT NO. 1

Attached to and forming part of the Contract Number:

Notwithstanding anything contained elsewhere in this policy to the contrary, it is understood and agreed that:

A. “Coverage Territory” as defined in the definitions is amended to read “Canada only”.

B. The coverage provided under this policy does not apply to:

1. liability for any person instructing, practicing for or participating in any athletic or sports contest or exhibition

2. liability arising from bodily injury to any participant arising from:

(a) the use or operation of mountain slides, water slides or other similar recreational devices, including but not limited

to ski lifts or tows.

(b) skiing, snow boarding, hang gliding, swimming , any other related activities, para-sailing, parachuting, hot air

ballooning, tubing, tobogganing , luge bobsledding, skate boarding, trampolines or any other ariel maneuvers

performed with the knowledge or consent of the Insured or any concessionaires using the premises insured,

(c) the use or operation of saddle animals or animal-drawn vehicles,

(d) the use or operation of any recreational vehicle, seadoo, all terrain vehicle, snowmobile or any other similar vehicle.

(e) the use or operation of any inflatables, trampolines or other similar devices.

3. liability arising out of the rendering of or failure to tender any “Professional Service”

4. liability arising from corporal punishment, sexual or physical abuse, sexual exploitation or other harmful acts by the insured.

5. liability arising out of the forcible ejection of any person or persons from the insured premises. This exclusion does not apply to

bodily injury resulting from the use of reasonable force to protect persons or property.

6. liability arising from the use or sale of, whether negligent or otherwise, of fireworks, or damages arising from the use or sale of

fireworks.

7. liability arising as a result of selling, serving, consumption or offering of alcoholic beverages,

8. liability arising out of damage caused by cigarette burns.

9. liability resulting from any intentional or criminal act or failure to act by:

a) any person insured by this policy; or

b) any other person insured by this policy;

C. The definition of the Named Insured is amended to include:

1. the named insured’s volunteers or auxiliary workers who are not also members of the named insured but only for acts within

the scope of their activities as volunteers for the insured.

D. Notwithstanding anything contained elsewhere in this policy it is understood and agreed that the insurer shall not have its rights

of recourse under the law restricted in any way, in any contact, verbal or written, between the insured and any independent third

party contractors or individuals who may do work or provide services or materials on behalf of the insured during the term and

within the scope of this policy.

E. Any injury/injuries resulting from animal bite(s) is/are excluded from this policy

F. Participant means any individual performer, player, entertainer, musician, or actor appearing at the Insured Event(s), or any

company or organization of which he or she is an employee, agent or representative

 

IDENTIFICATION OF INSURER / ACTION AGAINST INSURER

Lloyd’s Approved Coverholder :

P.A.L. Insurance Brokers Ltd.

IDENTIFICATION OF INSURER / ACTION AGAINST INSURER

This insurance has been effected in accordance with the authorization granted to the office indicated on the Declarations

page by certain Lloyd’s Underwriters, whose names and proportions underwritten by them can be ascertained by reference

to contract No. (PI ) which bears the seal of Lloyd’s policy signing office and has been certified by the Attorney in

Fact in Canada for Lloyd’s Underwriters and may be seen at the office indicated on the Declarations page. The Underwriters

identified in the said contract shall be liable hereunder each for his own part and not for another in proportion to the several

sums by each of them subscribed to the said contract.

In any action to enforce the obligations of the Underwriters liable hereunder they can be designated or named as "Lloyd's

Underwriters" and such designation shall be binding on the Underwriters liable hereunder as if they had each been

individually named as defendant. Service of such proceedings may validly be made upon the Attorney In Fact in Canada for

Lloyd’s Underwriters, whose address for such service is 1155, rue Metcalfe, Suite 1540, Montréal, Québec H3B 2V6.

 

NOTICE

Any notice to the Insurer may be validly given to the office indicated on the declarations page.

  

CGL – Liquor Liability Excluded

PAL Insurance Brokers Ltd.

ENDORSEMENT NO. 1

Page 2 of 2

 

TERRORISM EXCLUSION

Notwithstanding any provision to the contrary within this insurance or any

endorsement thereto it is agreed that this insurance excludes loss, damage, cost or

expense of whatsoever nature directly or indirectly caused by, resulting from or in

connection with any act of terrorism regardless of any other cause or event

contributing concurrently or in any other sequences to the loss.

For the purpose of this endorsement an act of terrorism means an act, including but

not limited to the use of force or violence and / or the threat thereof, of any person or

group(s) of persons, whether acting alone or on behalf of or in connection with any

organization(s) or government(s), committed for political, religious, ideological or

similar purposes including the intention to influence any government and / or to put

the public, or any section of the public, in fear.

This endorsement also excludes loss, damage, injury, cost or expense of whatsoever

nature directly or indirectly caused by, resulting from or in connection with any action

taken in controlling, preventing, suppressing or in any way relating to any act of

terrorism.

If the Underwriters allege that by reason of the exclusion, any loss, damage, cost or

expense is not covered by this insurance the burden of proving the contrary shall be

upon the Assured.

In the event any portion of this endorsement is found to be invalid or unenforceable,

the remainder shall remain in full force and effect.

 

MISINTERPRETATION OF DATE EXCLUSION

This insurance does not apply to loss or damage caused directly or indirectly by the

failure, malfunction or inadequacy of any of the following:

a) electronic data processing equipment, or other equipment,

including micro-chips embedded therein;

b) computer program or operating system;

c) software;

d) media;

e) data;

f) memory storage system;

g) memory storage device;

h) real time clock;

i) date calculator;

j) microprocessor (computer chips) not part of any computer

system;

k) computer network; or

l) any other computerized or electronic equipment, components, or

devices, or related system or process,

to correctly read, recognize, interpret, distinguish or process any encoded, abbreviated

or encrypted date, time or combined date/time data or data field. Such failure,

malfunction or inadequacy shall include any error in original or modified data entry or

programming. This exclusion does not apply to loss or damage caused directly by fire,

lightning, explosion, impact by aircraft, spacecraft, or land vehicle, riot, strike,

vandalism, malicious acts, smoke, windstorm or hail, if such perils are otherwise

insured and not excluded under the coverage form to which this endorsement

attaches.

 

WAR AND CIVIL WAR EXCLUSION CLAUSE

(Approved by Lloyd's Underwriters' Non-Marine Association)

Notwithstanding anything to the contrary contained herein this Policy does not cover

Loss or Damage directly or indirectly occasioned by, happening through or in

consequence of war, invasion, acts of foreign enemies, hostilities (whether war be

declared or not), civil war, rebellion, revolution, insurrection, military or usurped power

or confiscation or nationalisation or requisition or destruction of or damage to property

by or under the order of any government or public or local authority.

 

RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE -

PHYSICAL DAMAGE - DIRECT

This Policy does not cover any loss or damage arising directly or indirectly from

nuclear reaction nuclear radiation or radioactive contamination however such nuclear

reaction nuclear radiation or radioactive contamination may have been caused *

NEVERTHELESS if Fire is an insured peril and a Fire arises directly or indirectly from

nuclear reaction nuclear radiation or radioactive contamination any loss or damage

arising directly from that Fire shall (subject to the provisions of this Policy) be covered

EXCLUDING however all loss or damage caused by nuclear reaction nuclear radiation

or radioactive contamination arising directly or indirectly from that Fire.

* NOTE. - If Fire is not an insured peril under this Policy the words “NEVERTHELESS”

to the end of the clause do not apply and should be disregarded.

 

ASBESTOS EXCLUSION

This policy does not apply to or include legal liability for any loss, cost or expense

directly or indirectly arising out of, resulting as a consequence of, or related to the

manufacture, mining, processing, distribution, testing, remediation, removal, storage,

disposal, sale, use of or exposure to Asbestos or materials or products containing

Asbestos whether or not there is another cause of loss which may have contributed

concurrently or in any sequence to a loss.

Subject otherwise to the terms, Conditions and Exclusions of the Policy.

 

ELECTRONIC DATE RECOGNITION (E.D.R.) EXCLUSION

It is hereby understood and agreed that this Policy shall not indemnify the Insured for

any loss, damage, claim, expense or Defence Costs, whether preventative, remedial or

otherwise, or liability of whatever nature arising out of or relating directly or indirectly

to

1) Systems, whether the property of the Insured or not, which are E.D.R.

Compliant, or which have been affected in performance or functionality by any

implemented or attempted changes, alterations or modifications for the purpose of

making the Systems E.D.R. Compliant, nor

2) Any advice, design, specification, formula or any other service provided

by the Insured, or which the Insured failed to provide, in any way connected with the

above.

 

Definitions

· “E.D.R. Compliant” shall mean that neither the performance nor functionality is

adversely affected by dates prior to, during and after the Year 2000. In particular:

i) No value for current date will cause any interruption in operation

ii) Date-based functionality and performance must behave consistently for dates prior

to, during and after the Year 2000.

iii) In all interfaces and data storage, the century in any date must be specified either

explicitly or by unambiguous algorithms or interfacing rules.

iv) The Year 2000 must be recognized as a leap year.

 

· “Systems” include computers and other equipment for receiving, processing,

storing or retrieving data, hardware, software, firmware, microchips and

microprocessors and any equipment or products with contain or rely upon such.

 

SEVERAL LIABILITY NOTICE

The subscribing insurers' obligations under contracts of insurance to which they

subscribe are several and not joint and are limited solely to the extent of their

individual subscriptions. The subscribing insurers are not responsible for the

subscription of any co-subscribing insurer who for any reason does not satisfy all or

part of its obligations.

 

WORKERS COMPENSATION ACT

This insurance does not apply to bodily injury sustained by an employee of the

Insured when liability is imposed upon or assumed by the Insured under any worker’s

compensation statute or similar statute in effect elsewhere.

This exclusion does not apply to legal liability imposed upon the Insured by common

law as amended by statute or to liability assumed by the Insured under any written

contract or written agreement.

Subject otherwise to the terms, Conditions and Exclusions of the Policy.

 

TOTAL POLLUTION EXCLUSION

Underwriters will not be liable to pay any Defence Costs or indemnify the Insured

against any claim(s) for or arising out of or relating directly or indirectly to actual,

alleged or threatened seepage, pollution or contamination of any kind.

 

INJURY TO PARTICIPANTS EXCLUSION GPL112

This Insurance does not indemnify the Insured in respect of liability arising out of or

in connection with any person whilst participating in or practicing for any event

controlled organized sponsored or supervised by the Insured or for any immediate

medical or surgical relief to any person so injured.


COMPREHENSIVE GENERAL LIABILITY COVERAGE FORM

Various provisions in this Coverage Form restrict coverage. Read the entire Coverage Form carefully to determine rights, duties

and what is and is not covered. Throughout this Coverage Form the words “you” and “your” refer to the Named Insured shown in

the Declarations. The words “we”, “us” and “our” refer to the Company providing this insurance.

The word “insured” means any person or organization qualifying as such under SECTIONII -WHO IS AN INSURED.

Other words and phrases that appear in quotation marks have special meaning.

 

SECTION I - COVERAGES

COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY

1. Insuring Agreement

a. We will pay those sums that the insured becomes legally obligated to pay as compensatory damages because of

“bodily injury” or “property damage” to which this insurance applies. No other obligation or liability to pay sums or

perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS -

COVERAGES A, B AND D. This insurance applies only to “bodily injury” and “property damage” which occurs during

the policy period. The “bodily injury” or “property damage” must be caused by an “occurrence”. The “occurrence”

must take place in the “coverage territory”. We will have the right and duty to defend any “action” seeking those

compensatory damages but:

1) The amount we will pay for compensatory damages is limited as described in SECTION III - LIMITS OF

INSURANCE;

2) We may investigate and settle any claimor “action” at our discretion; and

3) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of

judgments or settlements under Coverages A, B or D or medical expenses under Coverage C.

b. Compensatory damages because of “bodily injury” included compensatory damages claimed by any person or

organization for care, loss of services or death resulting at any time fromthe “bodily injury”.

c. “Property damage” that is loss of use of tangible property that is not physically injured shall be deemed to occur at the

time of the “occurrence” that caused it.

 

2. Exclusions

This insurance does not apply to:

a. “Bodily injury” or “property damage” expected or intended from the standpoint of the insured. This exclusion does not

apply to “bodily injury” resulting fromthe use of reasonable force to protect persons or property.

b. “Bodily injury” or “property damage” for which the insured is obligated to pay compensatory damages by reason of the

assumption of liability in a contract or agreement. This exclusion does not apply to liability for compensatory

damages:

1) Assumed in a contract or agreement that is an “insured contract”; or

2) That the insured would have in the absence of the contract or agreement.

c. Any obligation of the insured under a workers compensation, disability benefits or unemployment compensation law

or any similar law.

pal\cgl\Oct 99 2

d. “Bodily injury” to an employee of the insured arising out of and in the course of employment by the insured.

This exclusion applies:

1) Whether the insured may be liable as an employer or in any other capacity; and

2) To any obligation to share compensatory damages with or repay someone else who must pay compensatory

damages because of the injury.

This exclusion does not apply:

1) To liability assumed by the insured under an “insured contract”; or

2) To employees on whose behalf contributions are made by or required to be made by the insured under the

provisions of any workers compensation law.

e. 1) “Bodily injury” or “property damage” arising out of the ownership, use or operation by or on behalf of any

insured of:

a) Any “automobile”;

b) Any motorized snow vehicle or its trailers;

c) Any vehicle while being used in any speed or demolition contest or in any stunting activity or in practice

or preparation for any such contest or activity; or

d) Any vehicle which if it were to be insured would be required by law to be insured under a contract

evidenced by a motor vehicle liability policy, or any vehicle insured under such a contract, but this

exclusion does not apply to the ownership, use or operation of machinery, apparatus or equipment

mounted on or attached to any vehicle while at the site of the use or operation of such equipment.

2) “Bodily injury” or “property damage” with respect to which any motor vehicle liability policy is in effect or would

be in effect but for its termination upon exhaustion of its limit of liability or is required by law to be in effect.

This Exclusion e. does not apply to “bodily injury” to an employee of the insured on whose behalf contributions are

made by or required to bemade by the insured under the provisions of any workers compensation law.

f. “Bodily injury” or “property damage” arising out of the ownership, maintenance, use, operation, loading or unloading,

or entrustment to others, by or on behalf of any insured of any watercraft.

This exclusion does not apply to:

1) A watercraft while ashore on premises you own or rent;

2) A watercraft you do not own that is:

a) Less than 8 metres long; and

b) Not being used to carry persons or property for a charge;

3) “Bodily injury” to an employee of the insured on whose behalf contributions are made by or required to be

made by the insured under the provisions of any workers compensation law.

g. 1) “Bodily injury” or “property damage” arising out of the ownership, maintenance, use, operation, loading or

unloading, or the entrustment to others, by or on behalf of any insured of:

a) Any aircraft; or

b) Any air cushion vehicle.

2) “Bodily injury” or “property damage” arising out of the ownership, existence, use or operation by or on behalf

of any insured of any premises for the purpose of an airport or aircraft landing area and all operations

necessary or incidental thereto.

h. “Bodily injury” or “property damage” arising out of the rendering or failure to render any professional services by or for

you.

pal\cgl\Oct 99 3

i. “Property damage” to:

1) Property you own, rent or occupy;

2) Premises you sell, give away or abandon, if the “property damage” arises out of any part of those premises;

3) Property loaned to you;

4) Personal property in your care, custody or control;

5) That particular part of real property on which you or any contractor or subcontractor working directly or

indirectly on your behalf is 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.

Paragraph 2) of this exclusion does not apply if the premises are “your work” and were never occupied, rented or held

for rental by you.

Paragraphs 3), 4) 5) and 6) of this exclusion do not apply to liability assumed under a sidetrack agreement.

Paragraph 6) of this exclusion does not apply to “property damage” included in the “products - completed operations

hazard”.

j. “Property damage” to “your product” arising out of it or any part of it.

k. “Property damage” to that particular part of “your work” arising out of it or any part of it and included in the “products -

completed operations hazard”.

This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on

your behalf by a subcontractor.

l. “Property damage” to “impaired property” or property that has not been physically injured, arising out of:

1) A defect, deficiency, inadequacy or dangerous condition in “your product” or “your work”; or

2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance

with its terms.

This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury

to “your product” or “your work” after it has been put to its intended use.

m. Any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair,

replacement, adjustment, removal or disposal of:

1) “Your product”;

2) “Your work”; or

3) “Impaired property”;

if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization

because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it.

n. “Property damage” arising out of:

1) The use of explosives for blasting;

2) Vibration from pile driving or caisson work; or

3) The removal or weakening of support of any property, building or land whether such support be natural or

otherwise.

This exclusion does not apply:

1) To “property damage” arising out of work performed on your behalf by any contractor or sub-contractor; or

2) To “property damage” included within the “products - completed operations hazard”.

o. Pollution Liability - See Common Exclusions.

p. Nuclear Liability - See Common Exclusions.

q. War Risks - See Common Exclusions.


COVERAGE B. PERSONAL INJURY LIABILITY

1. Insuring Agreement.

a. We will pay those sums that the insured becomes legally obligated to pay as compensatory damages because of

“personal injury” to which this insurance applies. No other obligation or liability to pay sums or perform acts or

services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS - COVERAGES A, B AND

D. We will have the right and duty to defend any “action” seeking those compensatory damages but:

1) The amount we will pay for compensatory damages is limited as described in SECTION III - LIMITS OF

INSURANCE;

2) We may investigate and settle any claimor “action” at our discretion; and

3) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of

judgments or settlements under Coverages A, B or D or medical expenses under Coverage C.

b. This insurance applies to “personal injury” only if caused by an offense:

1) Committed in the “coverage territory” during the policy period; and

2) Arising out of the conduct of your business, excluding advertising, publishing, broadcasting or telecasting

done by or for you.

 

2. Exclusions

This insurance does not apply to:

“Personal injury”:

a) Arising out of oral or written publication of material, if done by or at the direction of the 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 the willful violation of a penal statute or ordinance committed by or with the consent of the insured; or

d) For which the insured has assumed liability in a contract or agreement.

This exclusion does not apply to liability for compensatory damages that the insured would have in the absence of the

contract or agreement.

 

COVERAGE C. MEDICAL PAYMENTS

1. Insuring Agreement

a) We will pay medical expenses as described below for “bodily injury” caused by an accident:

1) On premises you own or rent;

2) On ways next to premises you own or rent; or

3) Because of your operations;

provided that:

1) The accident takes place in the “coverage territory” and during the policy period;

2) The expenses are incurred and reported to us within one year of the date of the accident; and

3) The injured person submits to examination, at our expense, by physicians of our choice as often as we

reasonably require.


b) We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance.

We will pay reasonable expenses for:

1) First aid at the time of an accident;

2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and

3) Necessary ambulance, hospital, professional nursing and funeral services.

 

2. Exclusions

We will not pay expenses for “bodily injury”:

a. To any insured;

b. To a person hired to do work for or on behalf of any insured or tenant of any insured;

c. To a person injured on that part of premises you own or rent that the person normally occupies;

d. To a person, whether or not an employee of any insured, who at the time of injury is entitled to benefits under any

workers compensation or disability benefits law or a similar law;

e. To a person injured while taking part in athletics;

f. The payment of which is prohibited by law;

g. Included within the “products - completed operations hazard”;

h. Excluded under Coverage A.

 

3. Limits of Liability

a. Maximum payable Limit per person: $ 2,500.00

b. Maximum payable Limit per “Accident”: $25,000.00

 

COVERAGE D. TENANTS’ LEGAL LIABILITY

1. Insuring Agreement

We will pay those sums that the insured shall become legally obligated to pay as compensatory damages because of

“property damage” caused by accident to structures or portions thereof rented to or occupied by the Named Insured and

described in the schedule or application, including fixtures permanently attached thereto.

 

2. Defence – Settlement – Supplementary Payments

As respects insurance afforded by this policy, the Insurer shall:

(1) defend in the name and on behalf of the Insured and at the cost of the Insurer any civil action which may at any time be

brought against the Insured on account of property damage but the Insurer shall have the right to make such

investigation, negotiation and settlement of any claim as may be deemed expedient by the Insurer;

(2) pay all premium on bonds to release attachments for an amount not in excess of the applicable limit of liability of this

policy, all premiums on appeal bonds required in any such defended suit, but without any obligation to apply for or

furnish such bonds;

(3) pay all costs taxed against the Insured in any civil action defended by the Insurer and any interest accruing after entry of

judgment upon that part of the judgement which is within the limits of the Insurer’s liability;

(4) pay reasonable expenses incurred by the Insured at the Insurer’s request in assisting the Insurer in the investigation or

defense of any claimor suit, including actual loss of earnings not to exceed $25. per day.

The amount so incurred except settlement of claims or suits are payable in addition to the applicable limits of liability

 

3. Persons Insured

Each of the following is an Insured under this insurance to the extent set forth below:

(1) if the Named Insured is designated in the declarations as an individual, the person so designated but only with respect

to the conduct of a business of which he is the sole proprietor;

(2) if the Named Insured is designated in the declarations as a partnership or joint venture, the partnership or joint venture

so designated and any partner or member thereof but only with respect to his liability as such;

(3) if the Named Insured is designated in the declarations as other than an individual, partnership or joint venture, the

organization so designated and any executive officer, director or stockholder thereof while acting within the scope of his

duties as such;

(4) employees of the Named Insured while acting within the scope of their duties as such;

pal\cgl\Oct 99 6

(5) any person or organization while acting as real estate manager for the Named Insured.

This insurance does not apply to property damage arising out of the conduct of any partnership or joint venture of which the

Insured is a partner or member and which is not designated in this policy as a Named Insured.

 

4. Exclusions

This insurance does not apply to:

a. liability assumed by the insured under any contract or agreement except liability which would attach in the absence of

such contract or agreement;

b. property damage due to war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war,

rebellion, revolution, insurrection or military power;

c. Pollution Liability - See Common Exclusions.

d. Nuclear Energy Liability - See Common Exclusions.

 

5. Limits of Liability

Regardless of the number of (1) Insureds under this policy (2) persons or organizations who sustain property damage or (3)

claims made or suits brought on account of property damage, the Insurer’s liability is limited as follows:

1. The limit of liability stated in the schedule is the total limit of the Insurer’s liability with respect to the location for all

compensatory damages as a result of any one accident or series of accidents arising out of one event;

2. (a) The Insurer’s obligation to pay compensatory damages on behalf of the Insured applies only to the amount of

compensatory damages in excess of the deductible amount stated in the schedule

(b) The deductible amount applies to all compensatory damages because of the property damage as the result of

any one accident;

(c) The terms of the policy, including those with respect to (I) the Insurer’s rights and duties with respect to the

defence of suits, and (ii) the Insured’s duties in the event of an accident, apply irrespective of the application of

the deductible amount;

(d) The Insurer may pay any part or all of the deductible amount to effect settlement of any claim or suit and, upon

notification of the action taken, the Named Insured shall promptly reimburse the Insurer for such part of the

deductible amount as has been paid by the Insurer.

 

COMMON EXCLUSIONS - COVERAGES A, CAND D

This insurance does not apply to:

1. Pollution Liability

a. “Bodily injury” or “property damage” arising out of the actual, alleged or threatened discharge, dispersal, seepage,

migration, release or escape of pollutants:

1. At or from premises owned, rented or occupied by an Insured;

2. At or from any site or location used by or for an Insured or others for the handling, storage, disposal,

processing or treatment of waste;

3. Which are at any time transported, handled, stored, treated, disposed of, or processed as waste by or for an

Insured or any person or organization for whom the Insured may be legally responsible; or

4. At or from any site or location on which an Insured or any contractors or subcontractors working directly or

indirectly on behalf of an Insured are performing operations:

a) if the pollutants are brought on or to the site or location in connection with such operations; or

b) if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize the

pollutants.

b. Any loss, cost, or expense arising out of any governmental direction or request that an Insured test for, monitor, clean

up, remove, contain, treat, detoxify or neutralize pollutants.


“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.

Sub-paragraphs 1) and 4)a) of paragraph a. of this exclusion do not apply to “bodily injury” or “property damage” caused by

heat, smoke or fumes from a hostile fire. As used in this exclusion, a “hostile fire” means one which becomes uncontrollable

or breaks out from where it was intended to be.

2. Nuclear Energy Liability

a. Liability imposed by or arising under the Nuclear Liability Act;

b. “Bodily injury” or “property damage” with respect to which an insured under this policy is also insured under a contract

of nuclear energy liability insurance (whether the insured is unnamed in such contract and whether or not it is legally

enforceable by the insured) issued by the Nuclear Insurance Association of Canada or any other insurer or group or

pool of insurers or would be an insured under any such policy but for its termination upon exhaustion of its limit of

liability;

c. “Bodily injury” or “property damage” resulting directly or indirectly from the nuclear energy hazard arising from:

1) the ownership, maintenance, operation or use of a nuclear facility by or on behalf of an insured;

2) the furnishing by an insured of services, materials, parts or equipment in connection with the planning,

construction, maintenance, operation or use of any nuclear facility;

3) the possession, consumption, use, handling, disposal or transportation of fissionable substances, or of other

radioactive material (except radioactive isotopes, away from a nuclear facility, which have reached the final

stage of fabrication so as to be useable for any scientific, medical, agricultural, commercial or industrial

purpose) used, distributed, handled or sold by an insured.

As used in this Coverage Form:

1) The term “nuclear energy hazard” means the radioactive, toxic, explosive, or other hazardous properties of

radioactive material;

2) The term “radioactive material” means uranium, thorium, plutonium, neptunium, their respective derivatives and

compounds, radioactive isotopes of other elements and any other substances that the Atomic Energy Control Board

may, by regulation, designate as being prescribed substances capable of releasing atomic energy, or as being

requisite for the production, use or application of atomic energy;

3) The term “nuclear facility” means:

a) any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a

critical mass of plutonium, thoriumand uranium or any one or more of them;

b) any equipment or device designed or used for (i) separating the isotopes of plutonium, thorium and uranium or

any one or more of them, (ii) processing or utilizing spent fuel, or (iii) handling, processing or packaging waste;

c) any equipment or device used for the processing, fabricating or alloying of plutonium, thorium or uranium

enriched in the isotope uranium 233 or in the isotope uranium 235, or any one or more of them if at any time

the total amount of such material in the custody of the insured at the premises where such equipment or

device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination

thereof, or more than 250 grams of uranium 235;

d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste

radioactive material;

and includes the site on which any of the foregoing is located, together with all operations conducted thereon and all

premises used for such operations.

4) The term “fissionable substance” means any prescribed substance that is, or from which can be obtained, a

substance capable of releasing atomic energy by nuclear fission.

3. War Risks

“Bodily injury” or “property damage” due to war, invasion, act of foreign enemy, hostilities (whether war be declared or not),

civil war, rebellion, revolution, insurrection or military power.

 

SUPPLEMENTARY PAYMENTS - COVERAGES A, BAND D

pal\cgl\Oct 99 8

We will pay, with respect to any claimor “action” we defend:

a. All expenses we incur.

b. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not

have to furnish these bonds.

c. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defence of the claim or

“action”, including actual loss of earnings up to $100.00 a day because of time off from work.

d. All costs taxed against the insured in the “action” and any interest accruing after entry of judgment upon that part of the

judgment which is within the applicable limit of insurance.

These payments will not reduce the limits of insurance.

 

SECTION II - WHO IS AN INSURED

1. If you are designated in the Declarations as:

a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are

sole owner.

b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also

insureds, but only with respect to the conduct of your business.

c. An organization other than a partnership or joint venture, you are an insured. Your executive officers and directors

are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds

but only with respect to their liability as stockholders.

2. Each of the following is also an insured:

a. Your employees, other than your executive officers, but only for acts within the scope of their employment by you.

However, none of these employees is an insured for:

1) “Bodily injury” or “personal injury” to you or to a co-employee while in the course of his or her employment; or

2) “Bodily injury” or “personal injury” to any person who at the time of injury is entitled to benefits under any

workers compensation or disability benefits law or a similar law; or

3) “Bodily injury” or “personal injury” arising out of his or her providing or failing to provide professional health

care services; or

4) “Property damage” to property owned or occupied by or rented or loaned to that employee, any of your other

employees, or any of your partners or members (if you are a partnership or joint venture).

b. Any person (other than your employee), or any organization while acting as your real estate manager.

c. Any person or organization having proper temporary custody of your property if you die, but only:

1) With respect to liability arising out of the maintenance or use of that property; and

2) Until your legal representative has been appointed.

d. 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.

3. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain

ownership or majority interest, will be deemed to be a Named Insured if there is no other similar insurance available to that

organization. However:

a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end

of the policy period, whichever is earlier;

pal\cgl\Oct 99 9

b. Coverages A and D do not apply to “bodily injury” or “property damage” that occurred before you acquired or formed

the organization; and

c. Coverage B does not apply to “personal injury” arising out of an offense committed before you acquired or formed the

organization.

No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not

shown as a Named Insured in the Declarations.

 

SECTION III - LIMITS OF INSURANCE

1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of:

a. Insureds;

b. Claims made or “actions” brought; or

c. Persons or organizations making claims or bringing “actions”.

2. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for compensatory damages

because of “bodily injury” and “property damage” included in the “products-completed operations hazard”.

3. The Personal Injury Limit is the most we will pay under Coverage B for the sum of all compensatory damages because of

“personal injury”.

4. Subject to 2. above, if applicable, the Each Occurrence Limit is the most we will pay for the sum of:

a. Compensatory damages under Coverage A and

b. Medical expenses under Coverage C;

because of all “bodily injury” and “property damage” arising out of any one “occurrence”.

5. Subject to 4. above, the Tenant’s Legal Liability limit is the most we will pay under Coverage D for compensatory damages

because of “property damage” to any one premise.

6. Subject to 4. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because

of “bodily injury” sustained by any one person.

The limits of this Coverage Form apply separately to each consecutive annual period and to any remaining period of less

than twelve (12) months, starting with the beginning of the policy period shown in the Declarations, unless the policy period

is extended after issuance for an additional period of less than twelve (12) months. In that case the additional period will be

deemed part of the last preceding period for the purpose of determining the Limits of Insurance.

 

SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS

1. Bankruptcy.

Bankruptcy or insolvency of the insured or of the insured’s estate will not relieve us of our obligations under this Coverage

Form.

2. Duties in the Event of Occurrence, Claim or Action.

a. You must see to it that we are notified promptly of an “occurrence” which may result in a claim.

Notice should include:

pal\cgl\Oct 99 10

1) How, when and where the “occurrence took place; and

2) The names and addresses of any injured persons and of witnesses.

b. If a claim is made or “action” is brought against any insured, you must see to it that we receive prompt written notice

of the claim or “action”.

c. You and any other involved Insured must:

1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with

the claim or “action”;

2) Authorize us to obtain records and other information;

3) Cooperate with us in the investigation, settlement or defense of the claim or “action”; and

4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be

liable to the insured because of injury or damage to which this insurance may also apply.

d. No insureds will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense,

other than for first aid, without our consent.

3. Legal Action Against Us.

No person or organization has a right under this policy;

a. To join us as a party or otherwise bring us into an “action” asking for compensatory damages froman Insured; or

b. To sue us on this policy unless all of its terms have been fully complied with.

A person or organization may sue us to recover on an agreed settlement or on a final judgment against an Insured obtained

after an actual trial; but we will not be liable for compensatory damages that are not payable under the terms of this policy or

that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability

signed by us, the Insured and the claimant or the claimant’s legal representative. Every “action” or proceeding against us

shall be commenced within one (1) year next after the date of such judgment or agreed settlement and not afterwards. If this

policy is governed by the law of Quebec every action or proceeding against us shall be commenced within three (3) years

fromthe time the right of action arises.

4. Other Insurance.

If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A, B, or D of this

Coverage Form our obligations are limited as follows:

a. Primary Insurance

This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected

unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method

described in c. below.

b. Excess Insurance

This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis:

1) That is Property Insurance such as, but not limited to, Fire, Extended Coverage, Builder’s Risk, Installation

Risk or similar coverage for “your work” or for premises rented to you; or

2) If the loss arises out of the maintenance or use of watercraft to the extent not subject to Exclusion f. of

Coverage A (Section I).

When this insurance is excess, we will have no duty under Coverage A, B or D to defend any claim or “action” that

any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled

to all the insured’s rights against all those other insurers.

When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that

exceeds the sum of:

1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and

2) The total of all deductible and self-insured amounts under all that other insurance.


We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance

provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of

this policy.

c. Method of Sharing

If all of the other insurance permits contribution by equal shares, we will followthis method also. Under this approach

each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains,

whichever comes first.

If any of the other insurance does not permit contribution by equal shares, 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.

 

5. PremiumAudit.

a. We will compute all premiums for this Coverage Formin accordance with our rules and rates.

b. Premium shown in this Coverage Form as advance premium is a deposit premium only. At the close of each audit

period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first

Named Insured. If the sum of the advance and audit premiums paid for the policy term is greater than the earned

premium, we will return the excess to the first Named Insured subject to the retention of the minimumpremium shown

in the Declarations of this Coverage Form.

c. The first Named Insured must keep records of the information we need for premium computation, and send us copies

at such times as we may request.

 

6. Representations.

By accepting this policy you agree:

a. The statements in the Declarations 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.

 

7. Separation of Insureds, Cross Liability.

Except with respect to the Limits of Insurance, and any rights or duties specifically assigned to the first Named Insured, this

insurance applies:

a. As if each Named Insured were the only Named Insured; and

b. Separately to each insured against whomclaimis made or “action” is brought.

 

8. 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 Coverage Form, those rights are

transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring “action” or

transfer those rights to us and help us enforce them.

 

SECTIONV - DEFINITIONS

1. “Action” means a civil proceeding in which compensatory damages because of “bodily injury”, “property damage” or

“personal injury” to which this insurance applies are alleged. “Action” includes an arbitration proceeding alleging such

damages to which you must submit or submit with our consent.

2. “Automobile” means any self-propelled land motor vehicle, trailer or semi-trailer (including machinery, apparatus, or

equipment attached thereto) which is principally designed and is being used for transportation of persons or property on

public roads.

pal\cgl\Oct 99 12

3. “Bodily injury” means bodily injury, sickness or disease sustained by a person, including death resulting from any of these

at any time.

4. “Coverage territory” means:

a. Canada and the United States of America (including its territories and possessions);

b. International waters or airspace, provided the injury or damage does not occur in the course of travel or transportation

to or from any place not included in a. above; or

c. All parts of the world if:

1) The injury or damage arises out of:

a) Goods or products made or sold by you in the territory described in a. above; or

b) 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; and

2) The insured’s responsibility to pay compensatory damages is determined in an “action” on the merits, in the

territory described in a. above or in a settlement we agree to in writing.

5. “Impaired property” means tangible property, other than “your product” or “your work”, that cannot be used or is less useful

because:

a. It incorporates “your product” or “your work” that is known or thought to be defective, deficient, inadequate or

dangerous; or

b. You have failed to fulfill the terms of a contract or agreement;

if such property can be restored to use by:

a. The repair, replacement, adjustment or removal of “your product” or “your work”; or

b. Your fulfilling the terms of the contract or agreement.

6. “Insured contract” means:

a. A lease of premises;

b. A sidetrack agreement;

c. An easement or license agreement in connection with vehicle or pedestrian private railroad crossings at grade;

d. Any other easement agreement;

e. An indemnification of a municipality as required by ordinance, except in connection with work for a municipality;

f. An elevator maintenance agreement; or

g. That part of any other contract or agreement pertaining to your business under which you assume the tort liability of

another to pay compensatory damages because of “bodily injury” or “property damage” to a third person or

organization, if the contract or agreement is made prior to the “bodily injury” or “property damage”. Tort liability

means a liability that would be imposed by lawin the absence of any contract or agreement.

An “insured contract” does not include that part of any contract or agreement;

1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:

a) Preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change

orders, designs or specifications; or

b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage;

2) Under which the insured, if an architect, engineer or surveyor, assumes liability for injury or damage arising out of the

insured’s rendering or failing to render professional services, including those listed in 1) above and supervisory,

inspection or engineering services.

7. “Occurrence” means an accident, including continuous or repeated exposure to substantially the same general harmful

conditions.

pal\cgl\Oct 99 13

8. “Personal injury” means injury, other than “bodily injury”, arising out of one or more of the following offences:

a. False arrest, detention or imprisonment;

b. Malicious prosecution;

c. Wrongful entry into, or eviction of a person from, a room, dwelling or premises that the person occupies;

d. Oral or written publication of material that slanders or libels a person or organization or disparages a person’s or

organization’s goods, products or services; or

e. Oral or written publication of material that violates a person’s right of privacy.

9. a. “Products-completed operations hazard” includes all “bodily injury” and “property damage” occurring away from

premises you own or rent and arising out of “your product” or “your work” except:

1) Products that are still in your physical possession; or

2) Work that has not yet been completed or abandoned.

b. “Your work” will be deemed completed at the earliest of the following times:

1) When all of the work called for in your contract has been completed.

2) When all of the work to be done at the site has been completed if your contract calls for work at more than one

site.

3) When that part of work done at a job site has been put to its intended use by any person or organization other

than another contractor or subcontractor working on the same project.

Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be

treated as completed.

c. This hazard does not include “bodily injury” or “property damage” arising out of the existence of tools, uninstalled

equipment or abandoned or unused materials.

10. “Property damage” means”:

a. Physical injury to tangible property, including all resulting loss of use of that property; or

b. Loss of use of tangible property that is not physically injured.

11. “Your product” means:

a. Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by:

1) You;

2) Others trading under your name; or

3) A person or organization whose business or assets you have acquired; and

b. Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products.

“Your product” includes warranties or representations made at any time with respect to the fitness, quality, durability or

performance of any of the items included in a. and b. above.

“Your product” does not include vending machines or other property rented to or located for the use of others but not sold.

12. “Your work” means:

a. Work or operations performed by you or on your behalf; and

b. Materials, parts or equipment furnished in connection with such work or operations.

“Your work” includes warranties or representations made at any time with respect to the fitness, quality, durability or

performance of any of the items included in a. and b. above.


STANDARD NON-OWNED AUTOMOBILE POLICY (S.P.F. 6)

WHEREAS AN APPLICATION HAS BEEN MADE BY THE APPLICANT (HEREINAFTER CALLED THE INSURED) TO THE

INSURER FOR A CONTRACT OF AUTOMOBILE INSURANCE AND THE SAID APPLICATION FORMS PART OF THIS

CONTRACT OF INSURANCE AND IS AS FOLLOWS: -

 

ITEMS APPLICATION

1. Full Name of the Applicant As Known to Company

Postal Address: As Known to Company

(Including County or District) As Known to Company

Applicant is: As Known to Company

2. Policy Period As shown on Declaration Form

12:01 a.m. Standard Time at the applicant’s address stated herein as to each of said dates

3. The automobiles in respect of which insurance is to be provided are those not owned in whole or in part by, nor licensed in

the name of the applicant, used in the applicant’s business of: AS PER DECLARATIONS

4. The Applicant’s partners, officers, employees and agents as of the date of this application are as follows:

Location As Known to Company

Partners, officers and employees who regularly use automobiles not owned by the applicant in the applicant’s

business

All other partners, officers and employees

All applicant’s agents

(Class “A1” Private Passenger) (Class “A2” Commercial) (Class “B”) (Class “C”)

| Number | Rate | Premium | Number | Rate | Premium | Number | Rate | Premium | Number | Rate | Premium |

C O V ER ED IF ANY T O BE R E PO R T E D

5. “Hired Automobiles” - The Automobiles hired by the applicant are as follows:

Type of Automobile

Estimated Cost of Hire

Rates per $100 of Cost of Hire

Advance Premium

C O V ER ED IF ANY T O BE R E P O R T E D

The advance premium is subject to adjustment at the end of the policy period as provided in the policy.

6. “Automobiles operated under Contract” on behalf of the applicant are as follows:

Type of Automobile and description of use

Estimated Contract Cost

Rates per $100 of Contract Co