Res 1980-019 - Laserfiche WebLink

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MAGE"j,"AliiLlTY half of the insured all sums which the insured shall as damages because of A. bOdily injury or B. property damage , rance applies, caused by an occurrence and arising out of the Intenance or use of the insured premises and all operations neces- t' d~ntal the~eto, and the. company shall have the right and duty to defend t ~gamst the Insured seeking damages on account of such bOdily injury or f~rU~UI:~agae~de~;yi~~k~ of thhe, allegt~tio~s of the suit are groundless, false .' . suc lOves Igat/on and settlement of any claim or as I~ deems expedient, but the company shall not be obligated to a an ~I' or Judgment or to defend any suit after the applicable limit of the co~~ny'~ , ,ty has been exhausted by payment of judgments or settlements, Exclusions This insurance does not apply: (a) to liability assumed by the insured under any contract or agreement except an incidental contract; but with respect to bodily injury or property damage occurring while work performed by the named insured is in progress, this ""clusion does not apply to a warranty that such work will be 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 any insured, or (2) any other automobile or aircraft operated by any person in the course of his employment by any insured; but this exclusion does not apply to the parking of an automobile on insured premises, if such automobile is not owned by or rented or loaned to any insured; (c) to bodily injury or property damage arising out of (1) the ownership, mainte- nance, operation, use, loading or unloading of any mobile equipment while being used in any prearranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any such contest or activity or (2) the operation or use of any snowmobile or trailer designed for use therewith; (d) 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 any insured; (e) to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of (1) any watercraft owned or operated by or rented or loaned to any insured, or (2) any other watercraft operated by any person in the course of his employ- I ment by any insured; but t.his exclusion does not apply to watercraft while ashore on the insured remises; o bodily injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemi- cals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water; but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental; (g) to bOdily injury or property damage due to war, whether or not declared, civil war, insurrection, rebellion or revolution or to any act or condition incident to any of the foregoing, with respect to (1) liability assumed by the insured under an incidental contract, or (2) expenses for first aid under the Supplementary Payments provision; (h) to bodily injury or property damage for which the insured or his indemnitee may be held liable (1) as a person or organization engaged in the business of manufacturing, distri- buting, selling or serving alcoholic beverages, or (2) if not so engaged, as an owner or lessor of premises used for such purposes, if such liability is imposed (i) by, or because ofthe violation of, any statute, ordinance or regulation pertaining to the sale, gift, distribution or use of any alcoholic beverage, or (ii) by reason of the selling, serving or giving of any alcoholic beverage to a minor or to a person under the influence of alcohol or which causes or contributes to the intoxication of any person; but part (ii) of this exclusion does not apply with respect to liability of the insured or his indemnitee as an owner or lessor described in (2) above; (j) to any obligation for which the insured or any carrier as his insurer may be held liable under any workmen's compensation, unemployment compensation or disability benefits law, or under any similar law; (j) to bodily injury to any employee of the insured arising out of and in the course of his employment by the insured or to any obligation of the insured to indemnify Inother because of d2mages arising out of such injury; but this exclusion does not pply to liability assumed by the insured under an incidental contract; o property damage to 1) property owned or occupied by or rented to the insured, (2) property used by the insured, or (3) property in the care, custody or control of the insured or as to which the insured is for any purpose exercising physical control; but parts (2) and (3) of this exclusion do not apply with respect to liability under a written sidetrack 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 at the insured premises; (I) to property damage to premises alienated by the named insured arising out of such premises or any part thereof; (m) to loss of use of tangible property which has not been physically injured or destroyed resulting from OA'~'';:~'~~~icO ""~ SUp,," 0'01,,0" . . . .. (1) af delay in or lack of performance by or on behalf of the named insured o any. contract or agreement, or (2) the failure of the named insured's products or work performed by or on ~ehalf of the n~~ed insured to meet the level of performance uafit fitness or durability warranted or represented by the named insurel y, but t~is exclusion does not apply to loss of use of other tan ible rd ert ~~sultmg ~0!'1 the ~udden and accidental physical injury to or ~estru~tign J e na".le Insured s products or work performed by or on behalf of the named Insured. aft~r such products or work have been put to use by any person or organization other than an insured; (n) to property damage to the named insured's products arising out of such products or any part of such products; (0) to, p,roperty damage to work performed by or on behalf of the named insured allSmg out of the work or any portion thereof, or out of materials parts or equipment furnished in connection therewith; , (p) to bOdily injury or prope~ damage included within the completed operations hazard or the products hazard; (q) to bodily injUry or property damage arising out of operations on or from premises (other than the insured premises) owned by, rented to or controlled by the named insured, or to liability assumed by the insured under any con- tract or agreement relating to such premises; (r) to bodily injury or property damage arising out of structural alterations which involve changing the size of or moving buildings or other structures, new construction or demolition operations performed by or on behalf of the named insured. 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, and the spouse of the named insured with respect to the con- duct of such a business; (b) if the named insured is designated in the declarations as a partnership or joint venture, the partnership or joint venture 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 in. dividual, partnership or joint venture, the organization so designated and any executive officer, director or stockholder thereof while acting within the scope of his duties as such; (d) any person (other than an employee of the named insured) or organization while acting as real estate manager for the named insured; and (e) with respect to the operation, for the purpose of locomotion upon a public highway, of mobile equipment registered under any motor vehicle registration law, (j) an employee of the named insured while operating any such equipment in the course of his employment, and (iD any other person while operating with the permission of the named insured any such equipment 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, to such person or organization; provided that no person or organization shall be an insured under this para- graph (e) with respect to: (1) 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 the named insured or the employer of any person described in sub. paragraph (j D. 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 organi- zations who 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 total liability of the company for all damages, including damages for care and loss of services, because of bodily injury sustained by one or more persons as the result of anyone occurrence shall not exceed the limit of bodily injUry liability stated in the schedule as applicable to "each occurrence". 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 anyone occurrence shall not exceed the limit of property damage liability stated in the schedule as applicable to "each occurrence". 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 re- peated exposure to substantially the same general conditions shall be considered as arising out of one occurrence. IV. ADDITIONAL DEFINITION When used in reference to this insurance (including endorsements forming a part of the policy): "insured premises" means (1) the premises designated in the declarations, (2) premises alienated by the named insured (other than premises constructed for sale by the named insured), if possession has been relinquished to others, and (3) premises as to which the named insured acquires ownership or control and reports his intention to insure such premises under this policy and no other within 30 days after such acquisition; and includes the ways immediately ad- joining such premises on land. V. POLICY TERRITORY This insurance applies only to bodily injury or prope~ damage which occurs within the pOlicy territory. e . .