Res 1980-019 - Laserfiche WebLink

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- --- I. COVERAGE A-BODILY INJURY LIABILITY COVERAGE B-PROPERTY DAMAGE LIABILITY The company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of A. bodily injury or B. property damage to which this insurance applies, caused by an occurrence, if the bodily injury or property damage is included within the completed operations hazard or the prod- ucts hazard, and the company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily injury or property damage, even if any of the allegations of the suit are groundless, false or fraudu- lent, and may make such investigation and settlement of any claim or suit as it deems expedient, but the company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the company's liability 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; but this exclusion does not apply to a warranty of fitness or quality of the named insured's products or a warranty that work performed by or on behalf of the named insured will be done in a workmanlike manner; (b) to bodily injury or property damage for which the insured 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 of the violation of, any statute, ordinance or regulation per- taining to the sale, gift, distribution or use of any alcoholic beverage, or Iii} 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, ut part (ii) of this exclusion does not apply with respect to liability of the insured as an owner or lessor described in (2) above, (c) 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; (d) 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 another because of damages arising out of such injury; (e) to loss of use of tangible property which has not been physically injured or destroyed resulting from (1) a delay in or lack of performance by or on behalf of the named insured of any contract or agreement, or (2) the failure of the named insured's products or work performed by or ~n behalf of the ~~med insured to meet the level of performance, quality, fitness or durability warranted or represented by the named insured; but t~is exclusion does not apply to loss of use of other tangible property resulting from the sudden and accidental physical injury to or destruction of the named insured's products or work performed by or on behalf of the named insured after such products or work have been put to use by any person or organization other than an insured; (f) to property damage to the named insured's products arising out of such prod- ucts or any part of such products; (g) to property damage to work performed by or on behalf of the named insured aris.ing out of ~he w~rk or anx portion thereof, or out of materials, parts or equipment furnrshed 10 connection therewith; (h) to damages claimed for the withdrawal, inspection, repair, replacement, or DA'~'-i=~'~~~icO ~"a SIJP.l~ D,~'5\O" I . loss of use of the named insured's products or work completed by or for the named insured or of any property of which such products or work form a part, if such products, work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency therein, (i) to bodily injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chem. icals, 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. 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 conduct 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 h is 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. 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" . Subject to the above provision respecting "each occurrence", the total liability of the company for all damages because of all bodily injury to which this coverage applies shall not excee~ the limit of bodily injury liability stated in the schedule as "aggregate ". 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". Subject to the above provision respecting "each occurrence", the total liability of the company for all damages because of all property damage to which this cov- erage applies shall not exceed the limit of property damage liability stated in the schedule as "aggregate". 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. lV POLICY TERRITORY This insurance applies only to bodily injury or property damage which occurs within the policy territory. e