# CHUBB Enhanced Commercial Umbrella Liability Policy

## Section h
With respect to any coverages provided by this policy excess of a "scheduled retained limit", any person or organization that the "Named Insured" agrees to add as an additional "insured" to this policy by written contract or agreement, but only with respect to "occurrences" first taking place after the effective date of the contract or agreement and not for broader coverage than was required under the terms of such written contract or agreement.

Notwithstanding anything above:
1. No person or organization is an "insured" with respect to the conduct of any current or past partnership, joint venture, or limited liability company that is not a "Named Insured".
2. Where this policy is excess of "underlying insurance", if any person or organization that is an "insured" under this policy is not included as an "insured" under such applicable "underlying insurance", this policy will apply as if the person or organization were included as an insured under such "underlying insurance" excess of a self-insured retention equal to the highest applicable limit of such "underlying insurance". However, this provision shall not apply to coverages specifically designated to be excess of the "enhanced coverage self-insured retention" or excess of a "scheduled retained limit".

### Insured Contract
"Insured contract" means that part of any contract or agreement pertaining to your business under which any "insured" assumes the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.

"Insured contract" does not include that part of any contract or agreement:
1. That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations within fifty (50) feet of any railroad property and affecting any railroad bridge, trestle, tracks, road-beds, tunnel underpass or crossing;
2. That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
   a. preparing, approving or failing to approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or
   b. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or
3. Under which the "insured", if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the "insured's" rendering or failure to render professional services, including those shown in subparagraph 2. above and supervisory, inspection, architectural or engineering activities.

### Key Individual
"Key individual" means:
1. Each general partner (if the "Named Insured" is a partnership);
2. The sole proprietor (if the "Named Insured" is a sole proprietorship);
3. Any "employee" authorized by you to give or receive notice of an "occurrence", claim or "suit"; and
4. That one individual who is a payroll "employee" and "executive officer" of the "Named Insured" holding the senior-most position in each of the following categories at the time of the "occurrence":
   a. Chief Executive Officer;
   b. Chief Operating Officer;
   c. Chief Financial Officer;
   d. President;

XSE- 50762(05/18)
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