Orange County NC Website
Browse       Search
Page 2 of 18 © Insurance Services Office, Inc., 2012 CU 00 01 04 13 <br />e. "Bodily injury" or "property damage" will be <br />deemed to have been known to have occurred <br />at the earliest time when any insured listed <br />under 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: <br />(1) Reports all, or any part, of the "bodily injury" <br />or "property damage" to us or any other <br />insurer; <br />(2) Receives a written or verbal demand or <br />claim for damages because of the "bodily <br />injury" or "property damage"; or <br /> (3) Becomes aware by any other means that <br />"bodily injury" or "property damage" has <br />occurred or has begun to occur. <br /> f. Damages because of "bodily injury" include <br />damages claimed by any person or <br />organization for care, loss of services or death <br />resulting at any time from the "bodily injury". <br /> 2. Exclusions <br />This insurance does not apply to: <br /> a. Expected Or Intended Injury <br />"Bodily injury" or "property damage" expected <br />or intended from the standpoint of the insured. <br />This exclusion does not apply to "bodily injury" <br />resulting from the use of reasonable force to <br />protect persons or property. <br /> b. Contractual Liability <br />"Bodily injury" or "property damage" for which <br />the insured is obligated to pay damages by <br />reason of the assumption of liability in a <br />contract or agreement. This exclusion does not <br />apply to liability for damages: <br /> (1) That the insured would have in the absence <br />of the contract or agreement; or <br /> (2) Assumed in a contract or agreement that is <br />an "insured contract", provided the "bodily <br />injury" or "property damage" occurs <br />subsequent to the execution of the contract <br />or agreement. Solely for the purposes of <br />liability assumed in an "insured contract", <br />reasonable attorneys' fees and necessary <br />litigation expenses incurred by or for a party <br />other than an insured are deemed to be <br />damages because of "bodily injury" or <br />"property damage", provided: <br /> (a) Liability to such party for, or for the cost <br />of, that party's defense has also been <br />assumed in the same "insured contract"; <br />and <br />(b) Such attorneys' fees and litigation <br />expenses are for defense of that party <br />against a civil or alternative dispute <br />resolution proceeding in which damages <br />to which this insurance applies are <br />alleged. <br /> c. Liquor Liability <br />"Bodily injury" or "property damage" for which <br />any insured may be held liable by reason of: <br /> (1) Causing or contributing to the intoxication of <br />any person; <br /> (2) The furnishing of alcoholic beverages to a <br />person under the legal drinking age or <br />under the influence of alcohol; or <br /> (3) Any statute, ordinance or regulation relating <br />to the sale, gift, distribution or use of <br />alcoholic beverages. <br />This exclusion applies even if the claims <br />against any insured allege negligence or other <br />wrongdoing in: <br /> (a) The supervision, hiring, employment, <br />training or monitoring of others by that <br />insured; or <br /> (b) Providing or failing to provide <br />transportation with respect to any <br />person that may be under the influence <br />of alcohol; <br />if the "occurrence" which caused the "bodily <br />injury" or "property damage" involved that <br />which is described in Paragraph (1), (2) or (3) <br />above. <br />However, this exclusion applies only if you are <br />in the business of manufacturing, distributing, <br />selling, serving or furnishing alcoholic <br />beverages. For the purposes of this exclusion, <br />permitting a person to bring alcoholic <br />beverages on your premises, for consumption <br />on your premises, whether or not a fee is <br />charged or a license is required for such <br />activity, is not by itself considered the business <br />of selling, serving or furnishing alcoholic <br />beverages. <br />This exclusion does not apply to the extent that <br />valid "underlying insurance" for the liquor <br />liability risks described above exists or would <br />have existed but for the exhaustion of <br />underlying limits for "bodily injury" and <br />"property damage". To the extent this exclusion <br />does not apply, the insurance provided under <br />this Coverage Part for the liquor liability risks <br />described above will follow the same <br />provisions, exclusions and limitations that are <br />contained in the applicable "underlying <br />insurance", unless otherwise directed by this <br />insurance. <br />DocuSign Envelope ID: DC5B2AF0-5D05-4958-9D51-19C713A82630