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COMMERCIAL LIABILITY UMBRELLA <br />CU 00 01 04 13 <br />CU 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 18 <br />COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM <br />Various provisions in this policy restrict coverage. <br />Read the entire policy carefully to determine rights, <br />duties and what is and is not covered. <br />Throughout this policy the words "you" and "your" <br />refer to the Named Insured shown in the Declarations, <br />and any other person or organization qualifying as a <br />Named Insured under this policy. The words "we", <br />"us" and "our" refer to the company providing this <br />insurance. <br />The word "insured" means any person or organization <br />qualifying as such under Section II – Who Is An <br />Insured. <br />Other words and phrases that appear in quotation <br />marks have special meaning. Refer to Section V – <br />Definitions. <br />SECTION I – COVERAGES <br />COVERAGE A – BODILY INJURY AND PROPERTY <br />DAMAGE LIABILITY <br /> 1. Insuring Agreement <br />a. We will pay on behalf of the insured the <br />"ultimate net loss" in excess of the "retained <br />limit" because of "bodily injury" or "property <br />damage" to which this insurance applies. We <br />will have the right and duty to defend the <br />insured against any "suit" seeking damages for <br />such "bodily injury" or "property damage" when <br />the "underlying insurance" does not provide <br />coverage or the limits of "underlying insurance" <br />have been exhausted. When we have no duty <br />to defend, we will have the right to defend, or <br />to participate in the defense of, the insured <br />against any other "suit" seeking damages to <br />which this insurance may apply. However, we <br />will have no duty to defend the insured against <br />any "suit" seeking damages for "bodily injury" <br />or "property damage" to which this insurance <br />does not apply. At our discretion, we may <br />investigate any "occurrence" that may involve <br />this insurance and settle any resultant claim or <br />"suit" for which we have the duty to defend. <br />But: <br />(1) The amount we will pay for the "ultimate net <br />loss" is limited as described in Section III – <br />Limits Of Insurance; and <br />(2) Our right and duty to defend ends when we <br />have used up the applicable limit of <br />insurance in the payment of judgments or <br />settlements under Coverages A or B. <br />No other obligation or liability to pay sums or <br />perform acts or services is covered unless <br />explicitly provided for under Supplementary <br />Payments – Coverages A and B. <br />b.This insurance applies to "bodily injury" or <br />"property damage" that is subject to an <br />applicable "retained limit". If any other limit, <br />such as a sublimit, is specified in the <br />"underlying insurance", this insurance does not <br />apply to "bodily injury" or "property damage" <br />arising out of that exposure unless that limit is <br />specified in the Declarations under the <br />Schedule of "underlying insurance". <br />c.This insurance applies to "bodily injury" and <br />"property damage" only if: <br />(1) The "bodily injury" or "property damage" is <br />caused by an "occurrence" that takes place <br />in the "coverage territory"; <br />(2) The "bodily injury" or "property damage" <br />occurs during the policy period; and <br />(3)Prior to the policy period, no insured listed <br />under Paragraph 1.a.of Section II – Who Is <br />An Insured and no "employee" authorized <br />by you to give or receive notice of an <br />"occurrence" or claim, knew that the "bodily <br />injury" or "property damage" had occurred, <br />in whole or in part. If such a listed insured <br />or authorized "employee" knew, prior to the <br />policy period, that the "bodily injury" or <br />"property damage" occurred, then any <br />continuation, change or resumption of such <br />"bodily injury" or "property damage" during <br />or after the policy period will be deemed to <br />have been known prior to the policy period. <br />d."Bodily injury" or "property damage" which <br />occurs during the policy period and was not, <br />prior to the policy period, known to have <br />occurred by any insured listed under <br />Paragraph 1.a. of Section II – Who Is An <br />Insured or any "employee" authorized by you to <br />give or receive notice of an "occurrence" or <br />claim, includes any continuation, change or <br />resumption of that "bodily injury" or "property <br />damage" after the end of the policy period. <br />POLICY NUMBER: A826708 <br />DocuSign Envelope ID: DC5B2AF0-5D05-4958-9D51-19C713A82630