General Liability Bodily Injury
Resume:
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
CONTRACTORS GENERAL LIABILITY ENHANCEMENT
ENDORSEMENT
This endorsement does not extend, expand, or increase coverage to any person or organization(s) except as provided herein.
ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU A. Section II – Who Is An Insured is amended to include as an Additional Insured any person or organization for whom you are performing operations under a written contract or agreement which 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 your 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 operations for the Additional Insured under the contract or 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 which you are required by the contract or agreement to provide for such Additional Insured.
A person’s or organization’s status as an Additional Insured under this endorsement ends when your operations for that Additional Insured are completed or the contract or agreement terminates for any reason.
B. With respect to the insurance afforded to these Additional Insureds, the following additional exclusions apply:
This insurance does not apply to:
1. “Bodily Injury”, “property damage”, or “personal and advertising injury” arising or resulting directly or indirectly from the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; or
b. supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured or Additional Insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by the insured or Additional Insured when: 1. the “occurrence” which caused the “bodily injury” or “property damage”; or 2. the offense which caused the “personal and advertising injury”; L 830 (03-22) Page 2 of 4
involved the rendering of or the failure to render any professional architectural, engineering or surveying services as specified above.
2. “Bodily injury” or “property damage” occurring after: a. all work, including labor, materials, parts or equipment furnished in connection with your operations (other than service, maintenance or repairs required by the contract or agreement) to be performed by or on behalf of the Additional Insured(s) at the location of the covered operations has been completed; or b. that portion of “your work” out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; or
c. the contract or agreement to which this endorsement applies terminates for any reason.
C. With respect to the insurance afforded to these Additional Insureds, the following is added to Section III – Limits of Insurance:
The most we will pay on behalf of the Additional Insured is the amount of insurance: 1. required by the contract or agreement you have entered into with the Additional Insured to which this endorsement applies; or
2. available under the applicable Limits of Insurance shown in the Declaration, if any; whichever is less.
This endorsement shall not increase the applicable Limit of Insurance shown in the Declarations or restore any Limits of Insurance which have been exhausted by the payment of claims.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Section IV – Commercial General Liability Conditions, paragraph 8. Transfer of Rights of Recovery Against Others to Us is amended by the addition of the following: We waive rights of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or “your work” performed under a written contract or agreement to which this endorsement applies, if: 1. the waiver of such rights is required in a written contract or agreement with that person or organization executed prior to the injury or damage occurring; and 2. the provisions of “ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – AUTOMATIC STATUS WHEN REQUIRED IN
CONSTRUCTION AGREEMENT WITH YOU” apply to the contract or agreement. If, under the contract or agreement the “insured” retains certain rights of recovery which are not required to be waived, these rights are transferred to “us” and are not waived by “us”. PRIMARY AND NON-CONTRIBUTORY STATUS FOR ADDITIONAL INSUREDS Section IV – Commercial General Liability Condition, paragraph 4. Other Insurance a. Primary Insurance is amended to add the following: L 830 (03-22) Page 3 of 4
This insurance is primary to and will not seek contribution from any other insurance available to an Additional Insured under your policy provided that: 1. the Additional Insured is a Named Insured under such other insurance; and 2. you have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the Additional Insured; and
3. the loss to be covered occurs on or after the effective date of the written contract or agreement; and
4. the loss to be covered resulted solely and exclusively from your ongoing acts or omissions or the ongoing acts or omissions of those acting on your behalf in performing
“your work” under a written contract or agreement. However, the coverage provided by this endorsement does not apply to any coverage provided for an “auto”, “non-owned auto” or “hired auto”. Coverage does not apply to uninsured motorist coverage, underinsured motorist coverage, personal injury protection, property protection or similar no-fault coverage by whatever name called and/or an “auto” coverage of any type. The following definitions have been added to Section V – Definitions 1. “Hired auto” means any “auto” you lease, hire, rent or borrow. This does not include any
“auto” you lease for a period of more than thirty (30) consecutive days nor does it include any “auto” you lease, hire, rent, or borrow from any of your: a. “employees”;
b. partners;
c. “executive officers”; or
d. member of your household.
2. “Non-owned auto” means any “auto” you do not own, lease, hire, rent or borrow which is used in connection with your business. However if you are a partnership, a “non-owned auto” does not include any “auto” owned by any partner. CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT
A. For all sums which the insured becomes legally obligated to pay as damages caused by
“occurrences” under Section I – Coverage A, and for all medical expenses caused by accidents under Section I – Coverage C, which is attributed only to ongoing operations at a single construction project:
1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations.
2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damage under Coverage A, except damages because of “bodily injury” or
“property damage” included in the “products-completed operations hazards” and for medical expenses under Coverage C regardless of the number of: a. Insureds;
b. Claims made or “suits” brought; or
c. Persons or organizations making claims or bringing “suits”. 3. Any payment made under Coverage A for damages under Coverage C for medical expenses shall reduce the Construction Project General Aggregate Limit for that L 830 (03-22) Page 4 of 4
construction project. Such payment shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declaration for Each Occurrence, Damage to Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project Limit.
B. For all sums which the insured becomes legally obligated to pay as damages caused by
“occurrences” under Section I – Coverage A, and for all medical expenses caused by accidents under Section I – Coverage C, which cannot be attributable only to ongoing operations at a single construction project:
1. Any payment made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit; whichever is applicable; and 2. Such payment shall not reduce any Construction Project General Aggregate Limit. C. When coverage for liability arising out of the “products-completed operations hazard” is provided, any payments for damages because of “bodily injury” or “property damage” included in the “products-completed operations hazard” will reduce the Products-completed Operations Aggregate Limit and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit.
D. If the applicable construction project has been abandoned, delayed or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section III – Limits of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. All other terms and conditions of this policy remain unchanged. This endorsement is a part of the policy. It takes effect on the effective date of your policy unless another effective date is shown.
Contact this candidate