# Comprehensive General Liability Insurance Coverage Part

## I. Coverage A - Bodily Injury Liability

The company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of:

### Coverage A.1 Bodily Injury or

Coverage A.2 Property Damage

to which this insurance applies, arising out of an occurrence, and the company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily injury or property damage, even if any of the allegations of the suit are groundless, false, or fraudulent, and whether or not the suit is brought by the insured.

**Exclusions:**

This insurance does not apply:

(a) to liability assumed by the insured under any contract or agreement except an incidental contract; but this exclusion does not apply to a warranty of fitness or quality of the named insured's products or a warranty that work performed by or on behalf of the named insured was done in a workmanlike manner;

(b) to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of:

(1) any automobile or aircraft owned or operated by or rented or loaned to the named insured;

(2) any other automobile or aircraft operated by any person in the course of his employment by the named insured;

but this exclusion does not apply to the parking of any automobile on premises owned, by, rented to or controlled by the named insured or the ways immediately adjoining, if such automobile is not owned by or rented or loaned to the named insured;

(c) to bodily injury or property damage arising out of and in the course of the transportation of mobile equipment by an automobile owned or operated by or rented or loaned to the named insured;

(d) to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of any watercraft, if the bodily injury or property damage occurs away from premises owned, by, rented to or controlled by the named insured or the ways immediately adjoining, if such watercraft is not owned by or rented or loaned to the named insured;

(e) to bodily injury or property damage arising out of the conduct of operations performed for the named insured by independent contractors, including any such operations performed by the named insured itself, unless such operations are performed at the request of the named insured and are not part of the named insured's business of manufacturing, distributing, selling or serving alcoholic beverages or as an owner or lessor of premises used for such purposes, by reason of the selling, serving or giving of any alcoholic beverage by the named insured:

(1) in violation of any statute, ordinance or regulation,

(2) to a minor,

(3) to a person under the influence of alcohol, or

(4) which causes or contributes to the intoxication of any person;

(f) to any obligation for which the named insured or any carrier as its insurer may be held liable under any law or order of any governmental authority relating to the manufacture, distribution, selling or serving of alcoholic beverages or as an owner or lessor of premises used for such purposes, by reason of the selling, serving or giving of any alcoholic beverage by the named insured:

(1) in violation of any statute, ordinance or regulation,

(2) to a minor,

(3) to a person under the influence of alcohol, or

(4) which causes or contributes to the intoxication of any person;

(g) to any obligation for which the named insured or any carrier as its insurer may be held liable under any law or order of any governmental authority relating to unemployment compensation or disability benefits laws, or under any similar law;

(h) to bodily injury to any employee of the named insured arising out of and in the course of his employment by the named insured; but this exclusion does not apply to liability assumed by the named insured under an incidental contract.

(i) to property damage to:

(1) property owned or occupied by or rented to the named insured;

(2) property of the named insured;

(3) property in the care, custody or control of the named insured as to which the named insured is for any purpose a custodian, physical control, but not with respect to liability under a written sidecar agreement and part (3) of this exclusion does not apply with respect to property damage (other than to elevators) arising out of the use of an elevator or escalator owned or operated by the named insured;

(i) to property damage to premises alienated by the named insured arising out of such premises or any part thereof;

(k) to property damage to personal property resulting from the failure of the named insured's products or work completed by or for the named insured to perform the function or serve the purpose intended by the named insured (if such failure is due to a mistake or deficiency in any design, material, workmanship, specifications, materials, instructions, plans, drawings, patterns, molds, dies, tools, or equipment furnished or developed by any insured); but this exclusion does not apply to bodily injury or property damage resulting from the active malfunctioning of such products or work;

(l) to property damage to the named insured's products arising out of such products or any part of such products;

(m) to property damage to work performed by or on behalf of the named insured arising out of the use of any portion thereof, or of any materials, parts or equipment furnished in connection therewith;

(n) to damages claimed for the withdrawal, inspection, repair, replacement, or loss of use of the named insured's products or work completed by or for the named insured or of any property used in connection with the named insured's products, work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency therein;

(o) to bodily injury or property damage to the named insured;

(p) to the explosion hazard in connection with operations mentioned in this policy by a classification code number which includes the symbol "C";

(q) to the collapse hazard in connection with operations identified in this policy by a classification code number which includes the symbol "C";

(r) to the underground property damage hazard in connection with operations identified in this policy by a classification code number which includes the symbol "U".

## II. Persons Insured

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

(a) 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;

(b) If the named insured is designated in the declarations as a partnership or joint venture, only the partner(s) so designated and any partner or member thereof but only with respect to his liability as such;

(c) If the named insured is designated in the declarations as other than an individual, partnership, or joint venture, only the person(s) so designated or any individual, partner, director or stockholder thereof while acting within the scope of his duties as such:

(i) an officer (other than an employee of the named insured) or organization while acting as real estate manager for the named insured; and

(ii) with respect to the operation, for the purpose of accommodation upon a public highway, of a vehicle or vessel registered under motor vehicle registration law;

(iii) an employee of the named insured while operating any such equipment in the course of his employment, and

(iv) any other person who is acting with the permission of the named insured and who is registered in the name of the named insured and any person or organization legally responsible for such operation, but only if there is no other valid and collectible insurance available, either on a primary or excess basis.

Provided that no person or organization shall be an insured under this paragraph (e) with respect to:

(1) any bodily injury to any fellow employee of such person injured in the course of his employment, or

(2) property damage to property owned, by, rented to, in charge of or occupied by such person or any fellow employee of any person described in subparagraph (i).

This insurance does not apply to bodily injury or 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.

## III. Limits of Liability

Regardless of the number of (1) insureds under this policy, (2) persons or organizations which sustain bodily injury or property damage, or (3) claims made or suits brought on account of bodily injury or property damage, the company's liability is limited as follows:

### Coverage A - The limit of bodily injury liability stated in the declarations as applicable to "each person" is the limit of the company's liability for all damages because of bodily injury sustained by one person as the result of one occurrence. Each person's total liability of the company for all damages because of bodily injury sustained by two or more persons, as the result of any one occurrence shall not exceed the limit of bodily injury liability stated in the declarations as "aggregate".

Subject to the above provisions respecting "each person" and "each occurrence", the total liability of the company for all damages because of (1) all bodily injury incurred during the policy period, (2) all property damage incurred during the policy period within the products hazard shall not exceed the limit of bodily injury liability stated in the declarations as "aggregate".

### Coverage B - The total liability of the company for all damages because of all property damage sustained by one or more persons or organizations as the result of any one occurrence shall not exceed the limit of property damage liability stated in the declarations as "aggregate".

Subject to the above provisions respecting "each occurrence", the total liability of the company for all damages because of all property damage to which this coverage applies and described in any of the numbered subparagraphs below shall not exceed the limit of property damage liability stated in the declarations as "aggregate":

(1) all property damage arising out of or occurring in the course of operations performed for the named insured by independent contractors and general supervision thereof by the named insured, including any such property damage for which liability is assumed under a written sidecar agreement to such operations, but this subparagraph (2) does not include property damage arising out of maintenance or repairs of premises owned by or rented to the named insured or the ways immediately adjoining such premises, or do not involve changing the size of or moving buildings or other structures;

(2) all property damage arising out of and occurring in the course of operations performed for the named insured by independent contractors and general supervision thereof by the named insured, including any such property damage for which liability is assumed under a written sidecar agreement to such operations, but this subparagraph (2) does not include property damage arising out of maintenance or repairs of premises owned by or rented to the named insured or the ways immediately adjoining such premises, or do not involve changing the size of or moving buildings or other structures;

(3) all property damage included within the products hazard and all property damage included within the premises hazard.

Such aggregate limit shall apply separately to the property damage described in subparagraphs (1), (2) and (3) above, and under subparagraphs (1) and (2), separately, with respect to each project away from premises owned by or rented to the named insured.

### Coverages A and B - For the purpose of determining the limit of the company's liability, all bodily injury and property damage arising out of continuous or repetitive occurrence involving the same general conditions shall be considered as arising out of one occurrence.

## IV. Policy Period; Territory

This insurance applies only to bodily injury or property damage which occurs during the policy period within the policy territory.