Orange County NC Website
Browse       Search
ENV-CPL 00003 00 (02/12) Page 7 of 22 <br />Includes copyrighted material of Insurance Services Offices, Inc. with its permission. <br />b.Coverage under this policy does not apply to bodily injury, property damage, environmental <br />damage or emergency response expense that took place before you acquired or formed the <br />organization; <br />4.Any person or organization with whom you agree to include as an insured in a written contract or <br />written agreement, but only with respect to bodily injury, property damage, environmental <br />damage or emergency response expense arising out of your work. <br />5.Any person or organization that has at least a 50% controlling interest in you but only with respect to <br />bodily injury, property damage, environmental damage or emergency response expense <br />arising out of their financial control of you. <br />No person or organization is an insured with respect to the conduct of any current or past partnership, <br />joint venture or limited liability company that is not shown as a Named Insured in the Declara tions. <br />SECTION III – EXCLUSIONS <br />This insurance does not apply to: <br />1.Contractual Liability <br />Bodily injury, property damage, environmental damage or emergency response expense for <br />which the insured is obligated to pay damages by reason of the assumption of liability in a contract or <br />agreement. This exclusion does not apply to liability for damages: <br />a.That the insured would have in the absence of the contract or agreement; or <br />b.Assumed in a contract or agreement that is an insured contract, provided the bodily injury, <br />property damage, environmental damage or emergency response expense occurs <br />subsequent to the execution of the contract or agreement. Solely for th e purposes of liability <br />assumed in an insured contract, reasonable attorneys’ fees and necessary litigation expenses <br />incurred by or for a party other than an insured are deemed to be damages because of bodily <br />injury, property damage, environmental damage or emergency response expense, <br />provided: <br />(1)Liability to such party for, or for the cost of, that party’s defense has also been assumed in <br />the same insured contract; and <br />(2)Such attorneys’ fees and litigation expenses are for defense of that party against a civil or <br />alternative dispute resolution proceeding in which damages to which this insurance applies <br />are alleged. <br />2.Criminal Fines, Penalties and Assessments <br />Any criminal fines, criminal penalties or criminal assessments. <br />3.Damage to Conveyance <br />Property damage to any conveyance utilized during transportation. This exclusion does not apply <br />to claims made by third-party carriers for such property damage arising from the insured’s <br />negligence. <br />4.Damage to Property <br />Docusign Envelope ID: 03EC0D15-D674-4D12-9ED3-8A2C214EE218