Document 0g6G5DoMNBpx5jDJ4DBMjVZdR
TWIpSg?. *-*-*^*>" -
Declare i ;c-3*
....-> . ~~* *#>.- ' V ' c- rCc.
.*t*n*s*
' ' ' -..i-'. .;.i.AinFwief*-J^r j ------ ---""* "~7~ ' ` " 1 *-*-,,
\Wvs' P.* t\*c .j :.;.
TheTravclers Insurance Company
TheTravelers Indemnity Company
Hartford, Connecticut
DECLARATIONS
376172Comprehensive General Liability Policy NumbeflSLG-----
Th. afforded is onlv with respect to such and so many of the following coverages as are indicated by specific premTM charge The Umh of the corapaoy^sUability against ead/such coverage sUll be a, stated herem. subject to all the terms of Urn
-ylicy having reference thereto. 11* - Name of insured
Addren ^rrlo. street. tows, county, state)
T
SOUTHERN ALKALI CORPORA!ION. ;
''CtJKFUS-utIKTfcm--rfcx.^- - ... L
Locations of all premises owned, rented or controlled by named insured {Eater "seme" tf aftme location as above address)
SEE SCHEDULES
Interest of named insured in such premises (Eater "Owner," "General Lessee" or "Tenant")
TENANT
2SMlby 0T 0 * SCLOSED
CAI.Business
Item 2.
of
the named insured is
Policy Period:
standard time at the
From
address of the
-CHElf'l
MFD >______________
J*JM go 19*9
to
nam^a uisutm a/stateS herein.
JUNE
38,1950
liam 3.
Coverages
Limits of Liability
Advene. Premiums ------------ --T
12:01 a, M.,
A. Bodily Injury Liability
* , , .100,000. each person 2 000 000 each accident
3 E
*2,000,000. <MEP^*te products
3661.42 225*48
*=s "See B. Property Damage Liability
*i,000,000. each accident
11,000,000. aggregate operations^
I,000,000. aggregate protective 11,000,000. aggregate products
aggregate contractual 1,00C, i)1. 'j <
1582.50 397.35
275?-36
The letter "X" in any premium pace shall mean that insurance is not afforded with respect to the coverage opposite thereto.
Symbol numbers of endorsements forming s part of th. polioy on Its effective data
Total" . Ad vs nils. Premium
Item 4. Thed5ationeam7mpirtedd?aAili!3(miauteldifcM&V-'^re. ^ a i
Item 5.
1 TO ^ ! t- Cl':?! 7P
The schedules stated:**
disclose
all
hazards
insured
hereunder
known
to
exist
at
the effective
date
of
this
policy,
except at
herein
Date of Issue A1 ,'G t Q i I ? ` b;1 "Absence of an entry in this Item means "No exceptions."
C-4S10 Ed. Dec. 1047 priutco im u
UtPW,U.U"M. (MW*** tri-f.'py Countersigned bv //)/^ A* /-/-> 0 ^______
i'l Vhv.-r-v*-
Page 1
I BB 0016321 l
-'iatt
V_ , rV.,
'v ' Tfc^HTfifimfS!? I ifsu rani?iC3{S|SSii.fL
'}&&>
to
. /
*,
* * *- *
and '
^
The Travelers Indemnity Company
fc. :. ^? Vs5) Hartford/Connecticut v ^ \V--
(Each Stock InmiiCf Company, Herein Called the Comply)
^l't E> Lj 1 ` ' V
.
-
`
Severally Agree with the insured, named in the declarations made a part hereof, in consideration of the payment of the premium and in reliance upon the statements in the declarations and subject to the limits of liability, exclusions, conditions
and other terms of this policy, provided The Travelers Insurance Company shall be the insurer with respect to Coverage A and no other and The Travelers Indemnity Company shall be the insurer with respect to Coverage B and no other:
Insuring Agreements
(Coverage A--Bodily Injury Liability
To pay on behalf of the insured ah sums which the insured shah become legally obligated to pay as damages because of bodily injury, sickness or disease, including death at any time resulting therefrom, natiiiiwl by any person and caused by accident. - , -
Coverage B--Property Damage Liability
`J : To pay on behalf of the insured ah sums which the insjired shah become legally obligated to pay as damages because or Injury to or destruction of property, including the loss of use thereof, caused by accident.
suit, but without any obligation to apply for or furnish any such
bonds;
-
(c) pay ah expenses incurred by the company, ah costs taxed
against the insured in any such suit and all interest accruing alter entry of judgment until the company has paid, tendered or deposited in court such part of such judgment as does not exceed the limit of the company's liability thereon;
(d)_pay expenses incurred by tha insured for roch immediate __mivliVsl s-a ugtcai relief to others as shall be imperative at the time of the accident;
(e) reimburse the insured for all reasonable expenses, other than loss of earnings, incurred at the company's request
II. Del nse, Settlement, Supplementary Payment*. As respects the insurance afforded by the other terms of this policy the com pany shall:
(a) defend any suit against the insured alleging such injury, sick ness, disease or destruction and seeking damages on account thereof, even if such suit is groundless, false or fraudulent; but the company may make such investigation, negotiation and settlement of any claim or suit as it deems expedient;
(b) pay all premiums on bonds to release attachments for an amount not in excess of the applicable limit of liability oi this policy, all premiums on appeal bonds required in any such defended
The amounts incurred under, this insuring agreement, except settlements of claims and suits, are payable by the company in addition to the applicable limit of liability of this policy.
L Definition of Insured. The unqualified word "insured" includes the named insured and also includes any. partner, executive officer, director or stockholder thereof while acting within the scope of his duties as such.
Policy Period, Territory. This policy applies only to accidents which occur during, the policy period within the United States of America, its territories or possessions, Canada or Newfoundland.
Exclusions
This policy does not apply:
(a) to liability assumed by the insured under any contract or agree ment except a contract as defined herein;
(b) except with respect to operations performed by independent contractors, to watercraft while away from premises owned, rented or controlled by the named insured, automobiles while away from such, premises or the ways immediately adjoining, or aircraft, or the loading or unloading thereof;
(c) under Coverage A, except with respect to liability assumed un der contract covered by this policy, to bodily injury to or sickness, disease or death of any employee of the insured while engaged in the employment of the insured, or to any obligation for which the in sured or any company as his insurer may be held liable under any workmen's compensation law;
(d) under Coverage B, to injury to or destruction of (!) property owned, occupied or used by or rented to the insured, or (2) except with respect to liability assumed under sidetrack agreements and < >
the use of elevators or escalators, property in the care, custody or control of the insured, or (3) any goods or products manufactured, sold, handled or distributed or premises alienated by the named insured, or work completed by Or for the named insured, out of which the accident arises;
(e) under Coverage B, except with respect to liability assumed under contract covered by this policy and except in so far as this exclusion is stated in the declarations to be inapplicable, to (1) the discharge, leakage or overflow of water or steam from plumbing, heating, refrigerating or air-conditioning systems, elevator tanks or cylinders, standpipes for fire hose, or industrial or domestic appli ances, or any substance from automatic sprinkler systems, (2) the collapse or fall of tanks or the component parts or supports thereof which form a part of automatic sprinkler systems, or (3) rain or snow admitted directly to the building interior through defective roofs, leaders or spouting, or open or defective'doors, windows, skylights, transoms or ventilators, in so far as any of these occur on or from premises owned or rented by the named insured and injure or destroy buildings or contents thereof.
Conditions
The conditions, except Conditions 8 and 9, apply to all coverages. Conditions 8 and 9 apply only to the coverage noted thereunder.
1 Premium. The premium bases and rates for the hazards described
When used as a premium basis:
in the declarations are stated therein. Premium bases and rates for
hazards not so described are those applicable in accordance with the manuals in use by the company.
(1) the word "remuneration" means (a) the entire remuner ation earned during the policy period by all employees of the named insured, other than drivers of teams or automobiles and
The premium stated in the declarations is an estimated premium only. Upon termination of this policy, the earned premium shall be.
computed in accordance with the company's rules, rates, rating plans, premiums and minimum premiums applicable to this insur
ance. If the earned premium thus computed exceeds the estimated advance premium paid, the named insured shall pay the excess to
aircraft pilots and co-pilots, subject to any overtime earnings
or limitation of remuneration rule applicable in accordance with the manuals in use by the company, and subject with respect to each executive officer to a maximum and a minimum
of $100 and $30 per week, and (b) the remuneration of mA proprietor at a fixed amount of $2,000 per annum;
^^ththie company; if less, the company shall return to the named insured
w-' ie unearned portion paid by such insured.
(2) the word "receipts", means the gross amount of money charged by the named insured for such operations by the named
(Continued on Paoe U
--22-2216322~7
*, -
+
D clarati ns Schedule__ L
I 4 A^
Desaipfloa of Huudi {a) Premise*--Operations
k\ k k
i t w>
Code No. Premium B*et
() Arcs (Sq. Ft.) (b) Frantss* (c) Knmmtbii
Rate*
Advance Premiums
Coversfl A | CovsrsgsB Covsfsgs AI Covsrsgs B
S) Per 100 Sq. Ft. of Area b) Per Linear Foot
;c) Per f100 of Remunera tion
SEE SCHEDULES 2945
3102. 362!3I .97 E3I2.76I 49.55
R I 072.55
PER ENDORSEMENT I72I*(B)
s 54.04 75.20
E 18.07 18.88 F I 31.23
(b) Elevators
NO EXPOSURE ON EFFECTIVE DATE OF POLICY
Number Injured
Pci Elevator
(c) Independent Contractor!--Let or Sublet Woric
NO EXPOSURE ON EFFECTIVE DATE OF POLICY
Per 0100 of CoM
(d) Products (Including Completed Operations)
CHEXICALS-N.0.C.-(MANUFACTURER )#033 8,000,000
(e) ContractusI
Number Insured
.a*zm 3200.0(' .124 *041 992.0C
fj. 194
Per Contract
1272.00 326.00
1552.00
NO EXPOSURE ON EFFECTIVE DATE OF POLICY______________
COMPREHENSIVE PREMIUM
s 5.00
E .65
3.33
rOr.# 'uirti),
Total Advance Premlui
MOf?fe- R2^59:o
3488
C-4933 PRINTED IN U.S.A.
-i"BToo2_i
DiElaratlonV Sd>dl^
THt^l KAVtLtK^
; - ' ' ' i ** ` >V ' < 1: '
Liability Policy Number RSLQ-576172
' ^ -rz
PicripWow of Htiwdi
(I)DRAUGHTSMEN ,.
Cede No. Prcnlwa 6mm
fUtM
Advance PrtnlwN
Comma* A Comma* B Comma* A Comma* >
3485
(B)STEVEDORING-BY HAND OR BY MEANS OF
HAND TRUCKS EXCLUSIVELY-NO HOIST
ING CF CARGO-N.P. D. WITH "STEVEDOR-
ING-N.O.C." IN CONNECTION WITH THE
LOADING OR UNLOADING OF ANY ONE
VESSEL-_LNLUD_LNG COVERAGE FOR ACC.I-
QENLS-. OTHER..THAN ACCIDENTS ON
BOARD VESSELS. WHICH OCCUR AT THE
SITE OF THE OPERATIONS AND AFTER
THE-_0.PERA-T-l.0NS. HAVE BEEN COMPLETED
(^ABANDONED.
3435
^MANUFACTURING OF VARIOUS ALKALI PROOUCTS INCLUDING CHLORJNE GAS RATED AS:
CHEMICAL MFG.-N.O.C.
2471
(4)CLERI CAL OFFICE EKPLOYEES-N.0.C. 3465
(5)SALESMEN, COLLECTORS OR MESSENGERS-
0UTS IDE
3484
(6}VESSELS-BARGES, SCOWS, CANAL BOATS
OR LIGHTERS, OR SAILING VESSELS-
N.O.C.-EXCLUDING WHARF AND WATER
FRONT PROPERTY OWNED BY OR RENTED
TO THE INSURED AND USED FOR FREIGHT
OR PASSENGER PURPOSES, AND WITH RE
SPECT TO BODILY INJURY LIABILITY,
EXCLUDING THE PASSENGER HAZARD-
(STEVEDORING OPERATIONS TO BE SE
PARATELY RATED),
3441
LOCATIONS STATE OF N.Y. #3!
ORERAT1ON ^(5) 33484
(4; 34.65
STATE OF LA. #17
(I ) 3485 {2)3-1 35
(C) (C) ;c)
P1* | GC0.3.0I .C I 9
:.oo5 .004
R.C24 ,600.:;.005 .006
I:.0087 .002
^.008
2.30 . 12
.06 .04
! F ANYS.005 006 :.0027 002
R.ooe IF ANY;?. 15 . ies
K.OSO .039
^243
4.37 ,, o;
5.52 . 10 .03 . 13
Date of Issue
6-6-49
2945 c-*00
Total Advance Premiums
_________ 7* BB- 00 16324_2
'"'i. D fclaration*
all,. Schedule
IHt :
Description of Heiards
iKAVtLtKb . Liability Policy Wb. MLO-aTtlW
Cad* No.
Premium Bsses
Rates
Coverage i Coverage B
Advence Premium* Coyereg. A Cwrw P
JTATI OF LA* >#17
(C0NT*D.)
orswim (O (O (c)
(8) 2471
100000. it. 085 *019 865.00 209.00
i:.oio6 .004 204.60 44.00
R.0S4
1034.00
(4) 3485 (6) 3441
100,000. 3.005 .006 li. 0027.002 R.008
IF ANi 3.65 f .438
:. 345 *r.m
s.oq 6.00
2.70
2. GO
8.00
Mlh I MUM
iO.OO 12.50
5.3 C 2.60
24. SO
Date of Issue
8-8-49
2945 02600 piiiMTce in u.t.K
------ 3^02.35 251.97 Total Advance Premium^'| 2. 76 49.55
'R-W2". 5c
I BB 0016325 J
*
Effective from-----J--U--N---E----2---8- ,11---9--4---9-------
Amending Policy numbered,. RSLG-376172
At 12 501 A. M. 6taad.nl Tim*
SOUTHERN ALKALI CORPORATION
Issued to-------------------------------------------------------------------------------------------
It is agreed that as of the effective date hereof the Policy is amended in the following particulars:
"OCCURRENCE" ENDORSEMENT
THE WORDS "AND CAUSED BY ACCIDENT" ARE ELIMINATED FROM COVERAGE A-BODILY INJURY LIABILITY AND THE WORDS "CAUSED BY ACCIDENT" ARE ELIMINATED FROM COVERAGE BPROPERTY DAMAGE LIABILITY.
THE WORO "ACCIOENT" WHEREVER |T APPEARS IN THE POLICY OR IN ENDORSEMENTS MADE A PART OF THE POLICY IS AMENDED TO READ "OCCURRENCE." THE WORD "OCCURRENCE" MEANS AN ACCI OENT OR A CONTINUOUS OR REPEATED EXPOSURE TO CONDITIONS, WHICH RESULTS IN INJURY DURING THE POLICY PERIOD. ALL DAM AGES ARISING JOT OF SUCH EXPOSURES TO SUBSTANTIALLY THE SAME GENERAL CONDITIONS SHALL BE CONSIDERED AS ARISING OUT OF ONE OCCURRENCE. THE POLICY DOES NOT APPLY TO INJURY INTENTIONALLY CAUSED BY THE INSURED.
ADVANCE PREMIUM. FOR THIS ENDORSEMENT-
COVERAGE A SS-54.04 $E-18.07
COVERAGE B
iS-75.20 SE-16.88 3R-I3I.S3
Date of Issue
8-8-49
Changes affecting insurance afforded by The Travelers Insurance Company are executed
for that Company only. Changes affecting insurance afforded by The Travelers Indemnity
Company are executed for that Company only. Changes affecting insurance afforded by The Travelers Fire Insurance Company are executed for that Company only.
The Travelers Insurance Company
The Travelers Indemnity Company
The Travelers Fire Insurance Company
' V!' : ` ' SG7, ,,' .***&>&
AJi
'
Secretary
C-444Y printed in u.s.a.
Countersigned by- 1~- -------- K G.HAU. VCT-FYfe.
| BD 0016326 i
Issued toSOUTHERN. ALUAL I -CORPORATION'
''
' It is agreed that as of the effective date hereof the Policy is amended in the following particulars:
COVERAGE PROVIDED BY THIS POLICY IS RESTRICTED TO LOCATIONS DEFINED IN THE DECLARATIONS OF THE POLICY.
Dta f kn
8-R-49
Changes affecting insurance afforded by The Travelers Insurance Company are executed for that Company only. Changes affecting insurance afforded by The Travelers Indemnity Company are executed for that Company only. Changes affecting insurance afforded by The Travelers Fire Insurance Company are executed for that Company only.
The Travelers Insurance Company The Travelers Indemnity Company The Travelers Fire Insurance Company
Secretary, Compensation and Liability Dept,
C444T SHALL PftlNTEO in y s *
7 BB 0016327 I
Effective from----B6/I94/9 _
At 12:01 A, M. Stnnd.nl Tlmt
Amending Policy nnmKprwl R3Lfl**3y617fl
Issued t,, SOUTHERN ALKALI CORPORATION_____________
It is agreed that as of the effective date hereof the Policy is amended in the following particulars:
EXCLUSION (A) DOES NOT APPLY TO BARGES OPERATED BY THE NAMED INSURED.
Dda *1 line
8-8-49
Changes affecting insurance afforded by The Travelers Insurance Company are executed lor that Company only. Changes affecting insurance afforded by The Travelers Indemnity Company are executed for that Company only. Changes affecting insurance afforded by The l ravelers Fire Insurance Company are executed for that Company only.
The Travelers Insurance Company The Travelers Indemnity Company The Travelers Fire Insurance Company
Secretary, Compensation and Liability Dtpt. C-444Y Small painted in u s.a
1 S<e?c*srre,itna,rry
Countersigned bys
,
-C hheM
' Secretary
W7U. HAli, Yu-P&.-
| BB 0016329 1
>,y.
Amending Policy numbered
^
Effective from-___ JUNE. 8 l 949
At 12:01 A. M. Sundird Time
Issued to-- SOUTHERN ALKALI CORPORATION It is agreed that as of the effective date hereof the Policy is amended in the following
particulars:
THE LIMITS OF LIABILITY STATED IN THIS POLICY SHALL IN NO EVENT BE CUMULATIVE WITH THE UMITS OF LIABILITY STATED IN CONCURRENT
LIABILITY POLICY RSLG-237537I.
NxMow
8-6-49
Changes affecting insurance afforded by The Travelers Insurance Company are executed for that Company only. Changes affecting insurance afforded by The Travelers Indemnity Company are executed for that Company only. Changes affecting insurance afforded by The Travelers Fire Insurance Company are executed for that Company only.
The Travelers Insurance Company The Travelers Indemnity Company The Travelers Fire Insurance Company
Secretary, Compensation and Liability Dipt.
C-444Y
1 PRINTED * u S.A
* ScCfCUtfy
ytCountersigned by..
' ' f* * V NCY,
C U-gM
w.C.HAU,Yic*Pr*
ScCTttQTy
l BB 0016330^1
m
Effective fmm . JUNE 8^949
RSLG-3761^2^ Amending Policy numbered-
Issued to.
At 1241 A- M. Standard Time
` 7'
- " ;, ` - . -
SOUTHERN ALKALI CORPOFiATIONf ^- V
- /
It is agreed that as of the effective date hereof the Policy is amended in the following,
particulars:
-
DEPOSIT PREMIUM ENDM3EMEN1
THE DEPOSIT PREMIUM STATED
. S-5235.59
XE-I6(9.a6
R-2755.78
IN THE POLICY
IS THE
SUM OF:
S- 8.33 A PERCENTAGE OF THE ANNUAL PREMIUM SUBJECT TO E- 3.57 AUDIT AND THE FLAT CHARGE PREMIUM PAYABLE IN
R- 3.58 ADVANCE.
Dal* *f Ion
e-8-49
Changes affecting insurance afforded by The Travelers Insurance Company are executed for that Company only. Changes affecting insurance afforded by The Travelers Indemnity Company are executed for that Company only. Changes affecting insurance afforded by The Travelers Fire Insurance Company are executed for that Company only.
The Travelers Insurance Company The Travelers Indemnity Company The Travelers Fire Insurance Company
Sc&etaryt Compensation and Liability Dept, C-U4T Small im in u s.i
<L.G*.W^U/v\S
aJL&
Secretary*
>Countersigned by -
-
- KnV, |(^tr Secretary
ft. C. HALL Yice-fw
PERIODICAL PREMIUM PAYMENT ' "
1. * Deposit Premium--In lieu of the payment in advance of the entire advance premium stated in this Policy, the Employer or Insured shall pay upon delivery of this Policy the sum expressed in the Declarations and hereinafter referred to as the deposit premium.
2. Premium Adjustment Days--Such one of the following sections of this endorsement applies as is in* dicated by entry of the endorsement symbol number 3578 and section symbol in the space in the De clarations of the Policy for "Symbol numbers of endorsements forming a part of the Policy on its effective date."
Section M (3578M)--Monthly--A date one calendar month after the date upon which this Policy Period begins shall be known as the first adjustment day and the corresponding date of each succes sive month thereafter, including the date of expiration of this Policy Period, shall be known as adjustment days.
Section Q (3578Q)--Quarterly--A date three calendar months after the date upon which this Policy Period begins shall be known as the first adjustment day and the corresponding date of each suc cessive third month thereafter, including the date of expiration of this Policy Period, shall be known as adjustment days.
Section S (3578S)--Semi-annual--A date six calendar months after the date upon which this Policy Period begins shall be known as the first adjustment day and the corresponding date of each succes sive sixth month thereafter, including the date of expiration of this Policy Period, shall be known as adjustment days.
3. Premium Due on Adjustment Days--Upon the first and all succeeding adjustment days, there shall be a further premium immediately due the Company when determined either by audit, as provided in the Policy, or by written statement to be furnished by the Employer or Insured upon written request ex hibiting the basis for premium computation as set forth in the Policy. The acceptance of such a state ment of premium basis by the Company or the receipt of premium thereon shall not operate as a waiver of the Company's right to audit the books of the Employer or Insured as provided in the Policy.
4. Application of Deposit Premium--The deposit premium shall be applied to the last settlement only. The provisions of this endorsement shall apply to any extension of this Policy Period.
This endorsement is executed by The Travelers Insurance Company as respects insurance afforded by that company only; it is executed by The Travelers Indemnity Company as respects insurance afforded by that company only.
The Travelers Insurance Company
The Travelers Indemnity Company
Pu
%ft
insured or by others during the policy period as are rated on a < > receipts basis, and includes taxes, other than taxes whidr the named insured collects as a separate item and remits directly to a governmen tal division
(3) the word "cost" means the total cost of all operations per* formed for the named insured during the policy period by independent contractors on each separate project, including materials used or delivered for use, except maintenance or ordinary alterations and repairs on premises owned or rented by the named insured;
(4) the word "sales" means the gross amount of money charged by the named insured or by others trading under his name for all goods and products sold or distributed during; the policy period, and charged during the policy period for installation, servicing or repair, and includes taxes, other than taxes which the named insured and such others collect as a separate item and remit directly to a governmental division.
after the insured has relinquished possession thereof to oth< and away from premises owned, rented or controlled by t insured or on premises for which the classification stated division (a) of the declarations or in the company's mam excludes any part of the foregoing;
(2) operations, if the accident occurs after such operations ha been completed or abandoned at the place of occurrence then and away from premises owned, rented or controlled by t insured, except (a) pick-up and delivery, (b) the existence tools, uninstalled equipment and abandoned or unused materi and (c) operations for which the classification stated in divisi (a) of the declarations or in the company's manual specifics includes completed operations; provided, operations shall not deemed incomplete because improperly or defectively p formed or because further operations may be required pursua to a service or maintenance agreement.
(d) Assault and Battery. Assault and battery shall be deem an accident unless committed by or at the direction of the insure
The named insured shall maintain for each hazard records of the information necessary for premium computation on the basis stated in the declarations, and shall send copies of such records, to the company at the end of the policy period and at such times during the policy period as the company may direct.
2. Inspection and Audit. The company shall be permitted to inspect the insured premises, operations and elevators and to examine and audit the insured's books and records at any time during the policy period and any extension thereof and within three years after the final termination of this policy, as far as they relate to the premium bases or the subject matter of this insurance.
3> Notice of Accident, When an accident occurs written notice shall be given by or on behalf of the insured to the company or any of its authorized agents as soon as practicable. Such notice shall contain particulars sufficient to identify the insured and also reason ably obtainable information respecting the time, place and circum stances of the accident, the names and addresses of the injured and of available witnesses.
At Notice of Claim or Suit. If claim is made or suit is brought against the insured, the insured shall immediately forward to the company every demand, notice, summons or other process received by him or his representative.
5. Assistance and Cooperation of the Insured. The insured shall cooperate with the company and, upon the company's request, shall attend hearings and trials and shall assist in effecting settlements, securing and giving evidence, obtaining the attendance of witnesses and in the conduct of suits. The insured shall not, except at his own cost, voluntarily make any payment, assume any obligation or incur any expense other than for such immediate medical and surgical relief to others as shall be imperative at the time of accident.
6. Definitions, (a) Contract. The word "contract" means a warranty of goods or products or, if in writing, a lease of premises, easement agreement, agreement required by municipal ordinance, sidetrack agreement, or elevator or escalator maintenance agreement.
(b) Automobile. The word "automobile" means a land motor vehicle, trailer o/ semitrailer, providing the following described equipment shall not be deemed an automobile except while towed by or carried on a motor vehicle not so described: any crawlertype tractor, farm implement, ditch or trench digger, power crane or shovel, grader, scraper, roller, well drilling machinery, asphalt spreader, concrete mixer, mixing and finishing equipment for high way work, other than a concrete mixer of the mix-in-transit type, and, if not subject to motor vehicle registration, any equipment used principally on premises owned by or rented to the named insured, farm tractor or trailer.
7. Limits of Liability. The inclusion herein of more than one insur shall not operate to increase the limits of the company's liability.
8. Limits of Liability. The limit of bodily injury liability stated
Coverage A
the declarations as applicable to "each pi
son" is the limit of the company's liability for all damages, includi;
damages for care and loss of services, arising out of bodily injur
sickness or disease, including death at any time resulting therefro:
sustained by one person in any one accident; the limit of such liabi
ty stated in the declarations as applicable to "each accident"
subject to the above provision respecting each .person, the tot
limit of the company's liability for all damages, including damag
for care and loss of services, arising out of bodily injury, sickness
disease, including death at any time resulting therefrom, sustained 1
two or more persons in any one accident.
9. Limits of Liability. The limit of property damage liability stat
Coverage B
in the declarations as "aggregate operation
is the total limit of the company's liability for all damages arisii
out of injury to or destruction of property, including the loss of u
thereof, caused by the ownership, maintenance or use of premia
or operations rated upon a remuneration premium basis or by co
tractors' equipment rated on a receipts premium basis.
The limit of property damage liability stated iq the dedaratio as "aggregate protective" is the total limit of the company's liabili
for all damages arising out of injury to or destruction of propert including the loss of use thereof, caused by operations performed f-
the named insured by independent contractors or omissions or supe visory acts of the insured in connection therewith, except mamt
nance or ordinary alterations and repairs on premises owned or renu by the named insured.
The limit of property damage liability stated in the declaration as "aggregate contractual" is the total limit of the company's liabili: for all damages arising out of injury to or destruction of propertincluding the loss of use thereof, with respect to each contract.
These limits apply separately to each project with respect t operations being performed away from premises owned or rented b the named insured.
10. Limits of Liability--Products. The limits of bodily injury lit bility and property damage liability stated in the declarations a "aggregate products" are respectively the total limits of the con pany's liability for all damages arising out of the products hazart All such damages arising out of one prepared or acquired lot of good or products shall be considered as arising out of one accident.
11* Other Insurance. If the insured has other insurance against loss covered by this policy the company shall not be liable under thi policy for a greater proportion of such loss than the applicable limi of liability stated in the declarations bears to the total applicabl limit of liability of all valid and collectible insurance against sue loss.
(c) Products Hazard. The term "products hazard" means
(1) the handling or use of, the existence of any condition in or a warranty of goods or products manufactured, sold, handled or distributed by the named insured, other than equipment rented to or located for use of others but not sold, if the accident occurs
1 2. Action Against Company. No action shall lie against the com pany unless, as a condition precedent thereto, the insured shall hav fully complied with all the terms of this policy, nor until the amoun
of the insured's obligation to pay shall have been finally determine< either by judgment against the insured after actual trial or by writtei
agreement of the insured, the claimant and the company.
(Continued on Page 4)
] BB 0016333 I
#4
Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter "be entitled to recover under this policy to the extent of the insurance ^afforded by this policy. Nothing contained in this policy shall give any person or organization any nght to join the company as a co-de fendant in any action against the insured to determine the insured's
^hbility.
Bankruptcy or insolvency of the insured or of the insured's ^Rate shall not relieve the company of any of its obligations here. under.
. Subrogati n. In the event of any payment under this policy, the company shall be subrogated to all the insured's rights of recovery therefor against any person or organization and the insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The insured shall do nothing after loss to prejudice such rights.
Changes. Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this policy or estop the company from asserting any right under the terms of this policy; nor shall the terms of this policy be waived or changed, except by endorsement issued to form a part of this policy, signed by the President, a Vice President, Secre tary, Assistant Secretary of the company, or a Registrar specially authorized; provided, however, changes may be made in the written portion of the declarations by a manager or general agent of the company when initialed by such manager or general agent.
>. Assignment. Assignment of interest under this policy shall not bind the company until its consent is endorsed hereon; if, however,
the named insured shall die or be adjudged bankrupt or insolvent within the policy period, this policy, unless canceled, shall, ifavritten notice be given to the company within sixty days after the^ale rf such death or adjudication, cover the named insured's legal rep*:sentative as the named insured.
*
16. Cancelation. This policy may be canceled by the named insured by mailing to the company written notice stating when thereafter sucn cancelation shall be effective. This policy may be canceled by the company by mailing to the named insured at the address shown in this policy written notice stating when not lets than five days there after such cancelation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice and the effective date and hour of cancelation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the named insured or by the company shall be equivalent to mailing.
If the named insured cancels, earned premium shall be computed in accordance with the customary short rate table and procedure. If the company cancels, earned premium shall be' computed pro rata. Premium adjustment may be made at the time cancelation is effected and, if not then made, shall be made as soon as practicable after cancelation becomes effective. The company's check or the check of its representative mailed or delivered as aforesaid shall be a sufficient tender of any refund of premium due to the named insured.
1 7. Declarations. By acceptance of this policy the named insured agrees that the statements in the declarations are his agreements and representations, that this policy is issued in reliance upon the truth of such representations ana that this policy embodies all agreements existing between himself and the company or any of its agents re lating to this insurance.
In witness whereof. The Travelers Insurance Company has caused this policy, with respect to Coverage A and such Othar parts of the policy at are applicable thereto, to be signed by Its President and a Secretary at Hartford, Connecticut, and countersigned on the declarations page by a duly authorized agent of the company.
aQjy ' nd Liability Dt(J.
President
In witness whereof. The Travelers Indemnity Company hat caused this policy, with respect to Coverage B and such other parti of the policy re applicable thereto, to be signed by its President and a Secretary at Hartfond, Connecticut, and countersigned on the declarations page by a duly orized agent of the company.
I Secretary C-4S19 Ed. Dec. 1947
President
I BB 0016334 jj