# Zurich Insurance Company

## INSURING AGREEMENT

### Coverage A: Personal Injury Liability
### Coverage B: Property Damage Liability
### Coverage C: Advertising Liability

The company will indemnify the insured for ultimate net loss in excess of the retained limit hereinafter stated which the insured becomes legally obligated to pay as damages because of:

A. personal injury or
B. property damage or
C. advertising liability

to which this policy applies, caused by an occurrence.

## EXCLUSIONS

This policy does not apply:

(a) to any obligation for which the insured or any carrier as his insurer may be held liable under any workmen's compensation, unemployment compensation or disability benefits law, or under any similar law;

(b) to property damage to (1) property owned by the insured, or (2) the insured's products arising out of such products or part of such products, or (3) work performed by or on behalf of the insured arising out of the work or any portion thereof or out of materials, parts or equipment furnished in connection therewith, or (4) property rented to, occupied or used by the insured in the care, custody or control of the insured to the extent the insured is under contract to provide insurance therefor;

(c) to personal injury or property damage resulting from the failure of the insured's products or work completed by or for the insured to perform the function or serve the purpose intended by the insured, if such failure is due to a misstatement or defect in any design, formula, plan specifications, advertising material or printed instructions prepared or developed by any person, but this exclusion does not apply to bodily injury or property damage resulting from the active malfunctioning of such products or work;

(d) to damages claimed for the withdrawal, inspection, repair, replacement or loss of the use of the insured's products or completed by or for the insured or of any property of which such products or work form a part, if such products, work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency therein;

(e) to damages arising out of advertising liability for (1) failure in performance of contract, (2) infringement of trademark, service mark or trade name by use thereof as the trademark, service mark or trade name of goods or services sold, offered for sale or advertised, but this shall not relate to titles or slogans, (3) incorrect description of any article or commodity, (4) mistake in advertised price,

(f) to damages arising out of a claim by a named insured against another named insured hereunder for property damage to property rented to, used by, or property in the care, custody or control of the other named insured or as to which the name insured is for any purpose exercising physical control when the named insured is the owner or lessee of the property;

(g) to damages arising out of invasion, acts of foreign enemies, hostilities (whether war to be declared or not), civil war, rebellion, revolution or insurrection or to any act or condition incident to any of the foregoing, with respect to 'liability' assumed by the insured under contract;

(h) except with respect to occurrences taking place in the United States of America, its territories or possessions, or Canada, damages arising out of military or usurped power or confiscation or nationalization or requisition or destruction of or damage to property by or under the order of any government or public or local authority:

Form 933.