Document 5bxy0LYRRjzgy6Lp1xVbZME1N

CNA f For All the Commitments You Make* PLAINTIFF'S EXHIBIT CFB-40 Commercial Casualty Policy The company designated m the declarations (a stock insurance company, herein called the company) m consideration of the payment of the premium, m reliance upon the statements in the declarations made a pan hereof and subject to all of the terms of the policy, agrees with the named insured as follows DEFINITIONS When used in this policy (including endorsements forming a part hereof): The completed operations hazard does not include bodily injury or property damaga arising out ofA "automobile" means a land motor vehicle, trailer or semitrailer designed for travel on public roads (including any machinery or apparatus attached thereto), but does not include mobile equipment; "bodily injury'* means bodily injury, sickness or disease sus tained by any person which occurs during the policy period, including death at any time resulting therefrom; (a) operations in connection with the transportation of property unless the bodily injury or property damage arises out of a condition in or on a vehicle created by the loading or unloading thereof. (b) the existence of tools, uninstalled equipment or aoandoneo or unused materials, or "eoilapse hazard" includes structural property damage'' as defined herein and properly damage to any other property at any time resulting therefrom "Structural property damage" means the collapse of or structural injury to any building or structure due to (1) grading of land, excavating, Borrowing, filling. Pack filling, tunnelling, pile driving, cofferdam work or caisson work or (2) moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support thereof The collapse hazard does not include properly damaga (t) arising out of operations performed for the named insured by independent contractors, or (2) included within the completed operations hazard or the underground property damaga hazard, or (3) for which liability is assumed by the insured under an incidental contract; "completed operations hazard" includes bodily injury and prop erty damaga arising out of operations or reliance upon a repre sentation or warranty made at any time with respect thereto, but only if the bodily injury or proparty damage occurs after such operations have been completed or abandoned ancf'occurs away from premises owned by or rented to the named insured. "Oper auons" include materials, parts or equipment furnished m con nection therewith Operations shall be deemed completed at the earliest of the following times (t) when a<i operations to be performed by or on behalf of the namad insured under the contract have been completed. (2) when all operations to be performed by or on behalf of the namad insurad at the site of the operations have been completed, or (3) when the portion of the work out of which the miury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged m performing operations for a prin cipal as a part of the same project Operations which may require further service or maintenance work, or correction, repair or replacement because of any defect or deficiency, but which are otherwise complete, shall be deemed completed (c) operations for which the classification stated m the pc<<cv or in the company s manual specifies "including comp efeo operations '. ' elevator'' means any hoisting or lowering device to connec floors or landings, whether or not in service, and an appliances thereof including any tar. platform, shaft hoistway, stairway run way, power equipment and machinery: but does no* include automobile servicing hoist, or a hoist without a platform outsio: a building if without mechanical power or if not attached *c building wails, or a hod or material hoist used m alteration construction or demolition operations, or an inclined conveyor used exclusively for carrying properly or a dumbwaiter used e clusivefy for carrying properly and having a compartment heign* not exceeding four feet, "explosion hazard" includes property damage arising out o' blasting or explosion The explosion hazard does not mc'ude property damage (1) arising out of the explosion of air or ste^m vessels, piping under pressure, prime movers, machinery or powe' transmitting equipment, or (2) arising out of operations pertormed for the named insured by independent contractors, or r3> included within the completed operations hazard or the underground property damage hazard, or i4j for which liability is assumed by the insured under an incidental contract; "incidental contract" means any written (1) 'ease of premises (2) easement agreement, excepl m connection with construc*<on or demolition operations on or adjacent to a railroad. (3| under*a* to indemnify a municipality required by municipal ordinance e*cep< in connection with work for the municipal ordinance, except in connection with work lor the municipality, (*) sidetrack agreement or (5) elevator maintenance agreement, "insured" means any person or organization qualifying as an insured in the "Persons Insured'' provision of the applicable insurance coverage The insurance afforded applies separately *o each Insured against whom clatm is made or suit is brought except with respect to the limits of the company's liability. G 39000-B Cliicnijo l-'irc Brick Ann'.inl Reports and Insonino.' OOOOdO "mottle equipment" means a land vehicle (including any machinery or apparatus attached thereto, whether or not selfpropelled, (1} not suOtect to motor vehicle registration, or (2) maintained tor use exclusively on premises owned by or rented to the named insured, including (he ways immediately adjoining, or (3) designed for use principally off public roads, or (4} designed or maintained for the sole purpose of affording mobility to eauipment of the following types forming an integral part of or permanently attached to such vehicle: power cranes, shovels, loaders, diggers and drills, concrete mixers (other than the mix-m-transit type), graders, scrapers, rollers and other road construction or repair equipment, air-compressors, pumps and generators, including spraying, welding and building cleaning equipment, and geophysical exploration and well servicing equipment; "named insured" means the person or organization named in Hem t of the declarations of this policy; "named insured's products" means goods or products manu factured, sold, handled or distributed by the named insured or by others trading under his name, including any container thereof (other than a vehicle), but "named Insured's produets" shatl not include a vending machine or any property other than such con tainer, rented to or located lor use of others but not sold. "occurrence" means an accident, including continuous or re peated exposure to conditions, which results in bodily injury or property damage neither expected nor intended from the standpoint af (He Insured; "policy territory" means Ml the United States of America, its territories or possessions, or Canada, or (2) international waters or air space, provided the bodily Injury or property damage does not occur in the course or travel or transportation to or from any other country, state or nation, or (3) anywnere in the wortd with respect to damages because of bodily injury or properly damage arising out of a proauc: which was sold for use or consumption within the territory described m paragraph (1) above, provided the original suit for such damage.3 is brought within such territory "products hazard" includes bodily injury and proparty damage arising out of tne named insured's products or reliance upon i representation or warranty made at any time with respect `.Hereto but only if the bodily injury or property damage occurs away `'on premises owned by or rented to the named insured ana a"e' physical possession of such products has been retmquisnea 1 * others. "property damage" means (1) physical miury to or destruction of tangible property which occurs during the policy period eluding the loss of use thereof at any time resulting meretrom or (2) loss of use of tangible property which has not been onys<ca>` injured or destroyed provided such loss of use is caused Ov 3^ occurrence during the policy period. "underground properly damage hazard" includes property damage as defined herein and property damage tc other property at any time resulting therefrom Undergone property damage" means property damage to wires conduits, pipes mams, sewers, tanks, tunnels, any similar property and an, ap paratus in connection therewith, beneath the surface of tne grouse or water, caused by and occurring during the use oi mecnanica equipment for the purpose of grading land, paving exca^a- -g drilling, borrowing, lilting, back-filling or pile driving The under ground property damage hazard does not include property damage ft) arising out of operations performed for the named insured cv independent contractors, or (2) included within tne completed operations hazard, or (3) for which liability is assumed Oy 'he Insured under an incidental contract. SUPPLEMENTARY PAYMENTS The company will pay. m addition to the applicable limit of fra&rfrty' (a) ail expenses incurred by the company, all costs taxed against the insured m any suit defended by the company and ail interest on the entire amount of any judgment therein which accrues after entry of the judgment and before the company nas paid or tendered or deposited *n court that part of the judgment which does not exceed the limit of the company's liability thereon, (c) of the insured because of accident or traffic law vioiaiion arising out of the use of any vehicle to which this poncr applies, not to exceed $250 per bail bond, but the company shall have no obligation to apply for or furnish any suen bonds, expenses Incurred by the Insured for first aid to others a' the time of an accident, for bodily Injury to which this policy applies; lb) premiums on appeal bonds required in any such suit, premiums on bonds to release attaenments in any such suit lor an amount not in excess of the applicable limit of liability of this policy, and the cost of bail bonds required (d) reasonable expenses incurred by the Insured at the com pany's request In assisting the company in the investigation or defense of any claim or suit, including actual loss of earnings not to exceed $25 per day Chicago rirc Brick ,V.;;Repons mill Insurance 000091 CONDITIONS 1. Premium AH premiums for this policy shall be computed in accordance with the company's rules, rates, rating plans, premiums and minimum premiums applicable to the insurance afforded herein Premium designated <n this policy as "advance premium" is a deposit premium only which shall be credited to the amount of the earned premium due at the end of the policy period. At the close of each period (or part thereof terminating with the end of the policy period) designated m the declarations as the audit period the earned premium shall be computed for such period and. upon notice thereof to the named insured, shall become due and payable if the total earned premium for the policy period is less than the premium previously paid, the company shall return to the named Insured the unearned portion paid by the named insured. The named insured shall maintain records of such information as is necessary (or premium computation, 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 but not obligated to inspect the named Insured's property and operations at any time Neither the com pany s right to make inspections nor the making thereof nor any report thereon shall constitute an undertaking, on behalf of or for the benefit of the named insured or others, to determine or warrant that such property or operations are safe or healthful, or are in compliance with any law. rule or regulation The company may examine and audit the named Insured's books and records at any time during the policy period and extensions thereof and within three years after the final termination of this policy, as far as they relate to the subject matter of this insurance. 3. Financial Responsibility Laws When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, such insurance as is afforded by this policy for bodily injury liability or for property damage liability shall comply with the provisions of such law to the extent of the coverage and limits of liability required by such law The Insured agrees to reimburse the company for any payment made by the company which it would not have been obligated to make under the terms of this policy except for the agreement contained in this paragraph. 4. Insured's Dulles in the Event of Occurrence, Claim or Suit (a) In the event of an occurrence, written notice containing particulars sufficient to identify the insured and also rea sonably obtainable information with respect to the time, place and circumstances thereof, and the names and ad dresses of the injured and of available witnesses, shall be given by or for the insured to the company or any of its authorized agents as soon as practicable. (b) it 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 (c) The Insured shall cooperate with the company and, upon the company's request, assist in making settlements, in the conduct of suits and in enforcing any right of contribution or indemnity against any person or organization- who may be liable to the insured because of injury or damage with respect to which insurance is afforded under this policy, and the Insured shall attend hearings and trials and assist m securing and giving eviaence and obtaining the attend ance of witnesses The insured shall not, except at his own cost, voluntarily make any payment, assume any obligation or incur any expense other than for first aid to others at the time of accident S. Action Against Company No action shall lie against the company unless, as a condition precedent thereto, there shad have been full compliance with ad of the terms of this policy, nor until the amount of the insured's obligation to pay shad have been finally determined either by judgment against the Insured after actual trial or by written agreement of the insured, the claimant and the company Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall there after be entitled to recover under this policy to the extent of the insurance afforded by this policy No person or organization shall have any right under this policy to join the company as a party to any action against the insured to determine the insured's liability nor shad the company be impleaded by the insured or his legat representative Bankruptcy or insolvency of the insured or the insured's estate shall not relieve the company of any of its obligations hereunder 6. Other Insurance The insurance afforded by this policy is primary insurance, except wnen stated to apply in excess of or contingent upon the absence of other insurance When this insurance is primary and the insured nas other insurance which is stated to be applicable to the loss on an excess or contingent basis, the amount of the company's .bility under this policy shall not be reduced by the existence of such other insurance. When both this insurance and other insurance apply to the loss on the same basis, whether primary, excess or contingent, the company shall not be liable under this policy for a greater proportion of the loss than that stated in the applicable contribution provision below: (a) Contribution by Equal Shares. If ail of such other valid and collectible insurance provides for contribution by equal shares, the company shall not be liable for a greater proportion of such loss than would be oayaDie ' eacn insurer contributes an equal share until the share o' eacn insurer equals the lowest applicable limit of liability uncer any one policy or the full amount of the toss is paid and with respect to any amount of loss not so paid the remaining insurers then continue to contribute equal shares of me remaining amount of the loss until each such insurer nas paid its limit in full or the full amount of the loss is paid (b) Contribution by Limits, tf any of such other insurance does not provide for contribution by equal shares, the company shall not be liable for a greater proportion of such loss than the applicable limit of liability under this policy <or such loss bears to the total applicable limit of iiaoiiity o' all valid and collectible insurance against such loss 7. Subrogation In the event of any payment under this poncy. the company shall be subrogated to ait the in sured's rights of recovery therefor against any person or organi zation and the insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such ngnts The Insured shall do nothing after loss to prejudice such ngnts S. Changes Notice to any agent or knowledge possessed by any agent or by any other person snail not effect a waiver or a change m any part of this policy or stop the company or asserting any right under the terms of this policy, nor snail me terms of this policy be waived or changed, except by endorsement issued to form a part of this policy. B. Assignment Assignment of interest under this poncy mail not bind the company until its consent is en dorsed hereon, it, however, the named Insured shall die. suen insurance as is afforded by this policy shah apply (t) to me named Insured's legal representative, as the named Insured, but only while acting within the scope of his duties as such, and (2) with respeci to the properly of the named Insured, to the person having proper temporary custody thereof, as insured, but only until the appoint ment and qualification of the legal representative Chicago Fire Brick AaiinrJ Reports and insurance 000092 10. Three Year Policy H this poticy is issued (or a period of three years any limit of the company's liability stated in this policy as 'aggregate" shall apply separately to each consecutive annual period thereof 11- CMcefetton This policy may be cancelled by the named Insured by surrender thereof to the company or any of 11s authorized agents or by mailing to the company written notice stating when thereafter the cancellation shaft be effective. This policy may be cancelled by the company by mailing to the named insured at the address shown in this policy, written notice stating when not less than ten days thereafter such can cellation shall be effective. The mailing of notice as aforesaid shaft be sufficient proof of notice. The time of surrender or the effective date and hour of cancellation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the nemad Intiwed or by the company shall be equivalent to mailing. If the named inured cancels, earned premium snail be com puted m accordance with the customary short rale table ana procedure If the company cancels, earned premium snail be computed pro rata Premium adjustment may be made errner at the time cancellation is effective or as soon as practicable alter cancellation become effective, but payment or tender of unearned premium is not a condition of cancellation. 12. Declarations By acceptance of this policy, the named In sured agrees that the statements in the dec larations are his agreements and representations, that this policy is issued In reliance upon the truth of such representations and that this policy embodies all agreements existing between himself and the company or any of its agents relating to this insurance NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAO FORM) This endorsement modifies the provisions of this policy relating to ALL AUTOMOBILE LIABILITY, GENERAL LIABILITY, UMBRELLA LIABILITY AND MEDICAL PAYMENTS MSURANCE (OTHER THAN FAMILY AUTOMOBILE, COMPREHENSIVE PERSONAL AND FARMER S COMPREHENSIVE PERSONAL INSURANCE). N Is agreed that: I. This policy does not apply: It. As used in this endorsement: A. Under any Liability Coverage, to damage (1) with respect to which an Insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear En ergy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nu clear Insurance Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its hmtt of liability; or (2) resulting from the hazardous properties of nu clear material and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amen datory thereof, or (b) the insured is, or had this policy not been issued would be, entitled to indemnity from the United States of Amer ica. or any-agency thereof, under any agree ment entered into by the United States of Amenca. or any agency thereof, with any person or organization B Under any Medical Payments Coverage, or under any Supplementary Payments provision relating to first aid, to expenses incurred with respect to damage resulting from the hazardous properties of nueloar materia! and arising out of the operation of a nueloar facrirty by any person or organization. C Under any Liability Coverage, to damage resulting from the hazardous preportios of nueloar material, if (1) the nuclear material (a) is at any nuclear facility owned by, or operated by or on behalf of. an Insured or (b) has been discharged or dis persed therefrom; (2) the nuclear malarial is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or dis posed of by or on behalf of an Insured; or (3) the damage arises out of the funishing by an Insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to properly damage to such nuclear facility and any property thereat "hazardous properties" include radioactive, toxic or explo sive properties, "nuclear malarial" means source material, special nuclear material or by-preduct material; "source material", "spedal nuclear material", and "by-prod uct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof "spent fuel" means any fuel element or fuel ccmponen;. solid or liquid, which has been used or exposec io 'aoiahon in a nuclear reactor; "waste" means any waste material (1) containing by-product material other than the tailings or wastes produces oy the extraction or concentration Of uranium or Ihorium trom anv ore processed primarily tor its source material content anc (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (a) or (by thereof, "nuclear facility" means (a) any nuclear reactor, (b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing spam fuei< or (3) handling, processing or packaging waste, tc) any equipment or device used for me poc essing, fabricating or alloying of special nu clear material if at any time the total amount of such material in the custody ot the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of ptutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, ail operations conducted on such site and an premises used for such operations: "nuclaar reactor" means any apparatus designed or used to sustain nuctear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material, "preparty damage" includes alt forms of radioactive con tamination ot property. Chicago Fire Brie',; Aiiiiiial Reports and liiS'irancc 00009:'- COMMERCIAL CASUALTY POUCY DECLARATIONS POUCY NUMBER 00 240 17 15 NAMED INSURED & AOORESS (Number & Street. Town. County. State & Zip Code) Chicago fire Brick Company, Etal (See Endt. #1) 1467 North Elston Ave. Chicago, IL 60622 BUSINESS OF INSURED: Brick Mfg. INDIVIDUAL PARTNERSHIP SJ CORPORATION O JOINT VENTURE OTHER_________________________________ Policy Period: 1/1/86 To 1/1/87 g-41 A M . STANDAftO TIME AT DC AOORESS Of THE IN SURED AS STATE0 HEREIN OVA For All the i jnitments You Make* CNA Insurance Companies CNA Plaza Chicago. Illinois 60685 INSURANCE IS PROVIDED BY THE COMPANY DESIGNATED BELOW (A Mock insurance company, herein called the company) 1x1 Continenlal Casualty Company | | National Fire Insurance Company of Hartford | | American Casualty Company of Reading, Pa. | | Transportation Insurance Company |~~1 Transcontinental Insurance Company f~| Valley Forge Insurance Company 3. Audit Period: Annual, unless otherwise stated. 4. The insurance afforded is only with respect to the following Coverage Part(s) indicated by specific premium charge(s). ADVANCE r PREMIUMS COVERAGE PARTfSI ADVANCE PREMIUMS COVERAGE PARTfSI % 31,260. Comprehensive General Liability Insurance $ Completed Operations and Products Liability Insurance * Comprehensive Automobile Liability Insurance i Comprehensive Personal insurance $ Automobile Medical Payments Insurance $ Garage Insurance i Uninsured Motorists insurance S Owners and Contractors' Protective Liability Insurance $ Automobile Physical Damage Insurance $ Premises Medical Payments Insurance $ Contractual Liability Insurance $ Uninsured Motorists Insurance S Manufacturers and Contractors' Liability Insurance i Sasic Automobile Liability Insurance i Owners'. Landlords and Tenants' Liability Insurance t Automobile Medical Payments Insurance $ 4,689. S $ 35,949. Liability Extension t Uninsured Motorists Insurance Form numbers ol endorsements attached at issuance include G39008-A, G39001-B, G39543-A, G31670-B, Total Advance Premium lor this policy. GL0404, GL0200, GL9918, GL9919, GL0031, GL0032, IL0928 5 If Policy Period more than one year $ Gross Premium $ Discount $ Net Premium Premium is payable $ On effective date of Policy $ 1st Anniversary $ 2nd Anniversary 6 This declarations page is issued in coniunction with and forms a part of an insurance policy which is completed with the addition ol the coverage part(s) indicated above by an advance premium and if any. by additional declarations, schedulels). and endorsement!;} Such Coverage Part(s). and if any. additional declarations, schedulels) and endorsements) disclose all hazards insured hereunder known to exist at the ettective date ot this policy, unless otherwise stated herein 7 During the past three years no insurer has canceled insurance, issued to the named insured, similar to that allorded hereunder, unless otherwise stated herein .usma or u estst hubs -so iiEcnna- irts n t set vniuiu is mssoum IN WITNESS WHEREOF, the Company designated on this declarations page has executed and unless countersigned by the duly authorized agent ot this Company at the agency herembetore men] presents, but this policy shall not be valid V G-31995-B Countersigned by Chicago Fire Brick Anitna,1 Report:; and In-urance 000094 For a ment to PoliqpXoJcCP 00 240 17 15 CVA For All the Commitments You Make* COMPREHENSIVE GENERAL LIABILITY INSURANCE (Combined Limits of Liability) CGS 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 8. property damage to which this insurance applies, caused by an occurrence, 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 fraudulent, 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 judg ments 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 this exclusion does not apply to a warranty of fitness or quality of the named insured's products or a warranty that work per formed by or on behalf of the named insured will be done m a workmanlike manner; (b) to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unload ing 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 m the course of his employment by any insured; but this exclusion -does not apply to the parking of an automobile on premises owned by, rented to or controlled by the named insured or the ways immediately adjoining, 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, maintenance, operation, use, loading or unload ing of any mobile equipment while being used in any prearranged or organized racing, speed or demolition contest or m 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 transporation 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 unload ing 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 hfis employment by any insured; but this exclusion does not apply to watercraft while ashore on premises owned by, rented to or controlled by the named insured; (f) to bodily injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapors. soot, tumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollu tants 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 Pay ments provision; (h) to bodily injury or property damage for vrfiich the insured or his indemnitee may be held liable (1) a$ a person or organization engaged in the business of manufacturing, distributing, 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 pertaining to the sale, gift, distribution or use of any alcoholic beverage, or (ii) by reason of the selling, serving or giving of any alchohc 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 paa In) of this exefusion does not apply with respect to liability of the insured or his indemnitee as an owner or lessor described in (2) above; (i) to any obligation for which the insured or any earner as his insurer may be held liable under any workmen's compensa tion, 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 another because of damages arising out of such injury; but this exclusion does not apply to liability assumed by the insured under an incidental contract; (k) to 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 premises owned by, rented to or controlled by the named insured; 0) 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 G-39008-A Chicago Fire Brick Annual Reports and Insurance 000095 (l) a delay in or lack of performance or on behalf of the named insured of any contract or agreement, or 12) the failure of the named insured's products or work performed by or on behalf of the named insured to meet the level of performance, quality, fitness or durability warranted or represented by the named insured, but this 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 oo behatt of the named insured after 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; (o) to property damage to work performed by or on behalf of the named insured arising out of the work or any portion thereof, or out of materials, parts or equipment furnished in connection therewith; (p) to damages claimed for the withdrawal, inspection, repair, replacement, or 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; (q) to property damage included within: (1) the explosion hazard in connection with operations identified m this policy by a classification code number which includes the symbol "x", (2) the collapse hazard inconnection with operations identified m this policy by a classification code number which includes the symbol "c", (3) the underground property damage hazard in con nection with operations identified in this policy by a classification code number which includes the symbol "u'\ II. PERSONS INSURED Each of the following is an insured under this insurance to the extent set forth below: (a) <f 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) <f 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 individual, partnerhip 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 loco motion upon a public highway, of mobile equipment registered under any motor vehicle registration law, (i) an employee of the named insured while operating any such equipment in the course of his employment, and (m) 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 th. o person or organization shad be an insured under this paragraph (e) with respect to: M) bodily injury to any fellow employee of such perion 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 subparagraph lit). 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 II) insured under this policy, (2) persons or organizations who sustain bodily injury or property damage, 13) claims made or suits brought on account of bodily injury or property damage to which this insurance applies, the company's liability is limited as follows: Coverages A and B Combined--The limit of liability stated m the schedule as applicable to "each occurrence" is the total limit of the company's liability under Coverages A and B combined for all damages as the result of any one occurrence, provided that with respect to any occurrence for which notice of this policy is given in heu of security or when this policy is certified as proof of financial responsibiity under the provisions of the motor vehicle financial responsibility law of any state or province, such limit of liability shall be applied to provide the separate limits required by such law for bodily injury liability and property damage liability to the extent of the coverage required by such law, but the separate application of such limit shall not increase the total limit of the company's liability. Subject to the above provision respecting "each occurrence", the total liability of the Company for all damages because of all bodily injury and property damage to which this coverage applies and described m any of the numbered subparagraphs below shall not exceed the limit of liability stated m the schedule as "aggregate": (1) all property damage arising out of premises or opera tions rated on a remuneration basis or contractor s equipment rated on a receipts basis, including property damage for which liability is assumed under any incidental contract relating to such premises or operations, but excluding property damage included m subparagraph (2) below; (2) all property damage arising out of and occurring m the course of operations performed for the named insured by independent contractors and general supervision thereof by the named insured, including any such property damage for which liability is assumed under any incidental contract relating to such operations, but this subparagraph (2) does not include property damage arising out of maintenance or repairs at premises owned by or rented to the named insured or structural alterations at such premises which do not involve changing the size of or moving buildings or other structures; (3) all bodily injury and property damage included within the completed operations hazard and all bodily in|ury and proparty damage included within the products hazard. Such aggregate limit shall apply separately (i) to the property damage described in subparagraphs (1) and (2), In) to the sum of the damages for ail bodily injury and all property damage described in subparagraph (3) and (iii) separately with respect to each project away from premises owned by or rented to the named insured. Coverages A and B--For the purpose of determining the limit of the company's liability, ail bodily injury and property damage arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one occurrence. IV. POLICY TERRITORY This insurance applies only to bodily injury or property damage which occurs within the policy territory. Chicago Fire Brick Annual Reports and Insurance 000096 NAMED INSURED 1. Chicago Fire Brick Company 2. Wellsville Fire Brick Company 3. C & W Refractories, Ltd. This endorsement is a part of your policy and takes effect on the effective date of your policy, unless another effec tive date is shown below. Must Be Completed CNOT.ua POLICY NO. Complete Only When This Endorsement Is Not Prepend with the Policy Or Is Not to be Effective with the Policy ttSUCO TO EFFECTIVE OATE OF THIS ENDORSEMENT #1. CCP 00 240 17 15 GMA For All the Commitment* You Hake* G-39S43-A Insurance 000097 Foi attachment to Policy No. CCP 00 240 17 15 The Additional Declarations and Schedule Below Are Per Completion 01 The Coverage Part Indicated By An B In The Appropriate Box. Endt. 112 COMPLETED OPERATIONS AND PRODUCTS LIABILITY INSURANCE & COMPREHENSIVE 6ENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE ADDITIONAL DECLARATIONS Interest of named insured in such premises (check below) Location ol all premises owned by. rented to or controlled by the named insured. Owner General Lessee Tenant Other (Enter "same'' if same location as address shown in Item I of declarations) Part occupied by named insured (enter) SCHEDULE See Schedule Coverages LIMITS OF LIABILITY Each Occurrence Aggregate A--Bodily Injury Liability $ B--Property Damage Liability S S t Coverages LIMITS OF LIABILITY N Ctfflttnad UNS Apply For Cawoges A 4 6 Each Occurrence Aggregate A--Bodily Injury Liability and S 1,000,000. B--Property Damage Liability $ 1,000,000. DESCRIPTION OF HAZARDS CODE NO. Premises--Operations--Escalators (Number at Premises) PREMIUM BASES (a) Area (sq. ft.) (b) Frontage (c) Payroll (e) Number Insured RATES BODliy INJURY | PROPERTY 1 DAMAGE (a) Per 100 sq It or Area (b) Per linear 1. (e) Per S100 o Payroll (e) Per Landm ADVANCE PREMIUMS BODILY PROPERTY INJURY OAMAGE Brick or Clay Products Mfg. including Refractory Products #32502 See Schedule Attached 13,856. 6,264. Independent Contractors Operations N.O.C. Contractual (Extension Endt.) #17982 (g) Cost (h) Number g) If Any (g) Cost (h) Number (g) Per J1 00 ol Cost (h) Per C< ntract .069 .031 (g) Per Si 00 ol Cost (h) Per Contract Completed Operations--Products Brick or Clay Products Mfg. including Refractory Products #32603 (0) Receipts (0) Per *1,0C 0 ol Receipts d) 8,000,000 .792 .600 --w. .. i i i j 6,336. 4,804. G-39001 -B OVA Far Ml the Commitment* Voa Make" (OVER) Total Advance Premium 1 20.192. 11.068. Chicago Fire Brick Annual Reports and Insurance 00009R When used as a Premium Basis: "Receipt*" mean the gross amount of money charged by the named Insured, by the concessionaires of the named Insured or by others trading under his name for goods or products sold or operations performed. This does not include receipts for telecasting, broadcasting, motion pictures or taxes which the named Insured collects as a separate item and remits directly to the government. i / i "Coal" except as respect to Contractual Liability mean*: The total cost to the named Insured of all work let or sublet in connection with each specific project including the cost of all labor, materials and equipment furnished, used or delivered for use in th6 execution of the work and all fees, bonuses or commissions made, paid or due. "Cost" with reaped to Contradual Liability means: The total cost to any Indemnitee of all work let or sublet in connection with each specific project including the cost of all labor, materials and equipment furnished, used or delivered for use in the execution of the work and all fees, bonuses or commissions made, paid or due. "Payrotl" means the total remuneration for services rendered by an employee whether paid in money or substitutes for money sub/ect to the rules contained in the Commercial Lines Manual. Chicago Fire Brick Annual Reports and Insurance 000099 CNA For AU the Commitments You Make* MISCELLANEOUS LIABILITY EXTENSION SCHEDULE ANO ADDITIONAL DECLARATIONS lachment to Policy No. CCP 00 240 17 15 Endt. It3 (`S Tht Additional Declarations and Schedule Below Are an Extension of Those Issued in Connection With The Cove rate Part Indicated By An 0 In The Appropriate Box. COMPLETED OPERATIONS AND PROOUCTS LIABILITY INSURANCE G9 COMPREHENSIVE GENERAL LIABILITY INSURANCE CONTRACTUAL LIABILITY INSURANCE (Designated Contracts Only) MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE OWNERS'. LANDLORDS' AND TENANTS' LIABILITY INSURANCE utMrXirjivn up nJUAKU* {ano location it omerem from address sfiown to Item 1 of declarations) uxie No. Premium Bases As defined in the Schedule BODILT INJURY RATES PROPERTY DAMAGE ADVANCE PREMIUMS BODILY INJURY PROPERTY DAMAGE Loc. It 1 - Same & 7531 Ashland Ave. Chicago, IL 60620 #32502 c) 1,600,000. Loc. #2 - P.O. Box 71, W. Highway 19 Wellsville, MO 63384 #32502 c) 2,400,000. Loc. It3 - 12171 Coyle Ave. Detroit, MI 48010 #32502 c) 275,000. Loc. #4 - Terminal warehouse, Inc. P.O. Box 7006, 1779 Maroo Dr. -- Akron, Ohio 44306 #32502 c) 50,000. Loc. It5 - D & D Distribution Service 3029 N. 114th St. Wauwatosa, WI 53222 #32502 c) 30,000. Loc. #6 - Indiana #32502 c) 60,000. .391 .213 .782 . 178 .355 .248 . L23 . 148 . 189 .141 .133 . 189 6,255. 1,970. 5,106. 3,551. 2,150. 519. 89. 71. 107. 149. 40. 113. G 31670 B Subtotal 13,856. 6,264. (Inc ]uded) Chicago Fire Brick Annual Reports and Insurance 000100 m GL 04 04 {Ed. 541) This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective Policy No. ,,OIl nn 0/n , lc CCP 00 240 17 15 Endorsement No. #4. Named Insured Countersigned by <cb This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE BROAD FORM COMPREHENSIVE GENERAL LIABILITY ENDORSEMENT Schedule Personal Injury and Advertising Injury Liability Aggregate Limit shall be the per occurrence bodily injury liability limit unless otherwise indicated herein: Limit of Liability SAggregate. Limit of Liability--Premises Medical Payments Coverage: SI,000 each person unless otherwise indicated herein: Seach person. Limit of Liability--Fire Legal Liability Coverage: S50.000 per occurrence unless otherwise indicated herein: Sper occurrence. Premium Basis 15 -% of the Total Comorehensive General Liability Bodily Injury and Property Damage Premium as Otherwise Determined. MINIMUM PREMIUM % 25. Advance Premium * 4,689. (Incl.) I. CONTRACTUAL LIABILITY COVERAGE (A) The definition of incidental contract is extended to include any oral or written contract or agreement relating to the conduct of the named insured's business. (B) The insurance afforded with respect to liability assumed under an incidental contract is subject to the following additional exclusions: (1) to bodily injury or property damage for which the insured has assumed liability under any incidental contract, if such in|ury or damage occurred prior to the execution of the incidental contract; (2) if the insured is an architect, engineer or surveyor, to bodily injury or property damage arising out of the rendering of or the failure to render professional services by such insured, including (a) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, and (b) supervisory, inspection or engineering services. (3) if the indemnitee of the insured is an architect, engineer or surveyor, to the liability of the indemnitee, his agents or employees, arising out of (a) the preparation or approval of or the failure to prepare or approve maps, drawings, opinions, reports, surveys, change or ders, designs or specifications, or (b) the giving of or the failure to give directions or instructions by the indemnitee, his agents or employees, provided such giv ing or failure to give is the primary cause of the bodily injury or property damage; (4) to any obligation tor which the insured may be held liable in an action on a contract by a third party beneficiary for bodily iniury or property damage arising out of a protect for a public authority; but this exclusion does not apply to an action by the public authori ty or any other person or organization engaged in the protect: (5) to bodily injury or property damage arising out of construc tion or demolition operations, within 50 feet of any railroad prop erty, and affecting any railroad bridge or trestle, tracks, road beds, tunnel, underpass or crossing; but this exclusion does not apply to sidetrack agreements. (C) The following exclusions applicable to Coverages A (Bodily Iniury) and B (Property Damage) do not apply to this Contractual Liability Coverage: (b), (c) (2), (d) and (e). (0) The following additional condition applies: Arbitration The company shall be entitled to exercise all of the insured's rights in the choice of arbitrators and in the conduct of any arbitration proceeding. GL 04 04 05 81 Chicago Fire Brick Annual Reports and Insurance 000101 BROAD FORM COMPREHENSIVE GENERAL LIABILITY ENDORSEMENT-(Continued) GL 04 04 (Ed. S-81) It. PERSONAL INJURY AND ADVERTISING INJURY LIABILITY COVERAGE (A) The company will pay on behalf of the inured all sums which the insured shall become legally obligated to pay as damages because of personal injury or advertising injury to which this insurance applies, sustained by any person or organization and arising out of the conduct of the named insured's business, within the policy territory, and the company shall have the right and duty to defend any suit against the insured seeking damages on account of such injury, even if any of the allegations of the suit are groundless, false or fraudulent and may 'make such investigation and settlement of any claim or suit as it deems eipedient but the company shall not be obligated to pay any claim or ludgment or to defend any suit after the applicable limit of the compa ny's liability has been exhausted by payment of pidgments or settle ments. (B) This insurance does not apply: (1) to liability assumed by the insured under any contract or agree ment: (2) to personal injury or advertising injury arising out of the wilful violation of a penal statute or ordinance committed by or with the knowledge or consent of the insured; (3) to personal injury or advertising injury arising out of a publica tion or utterance of a libel or slander, or a publication or utterance m violation of an individual's right of privacy, if the first miurious publication or utterance of the same or similar material by or on behalf of the named insured was made prior to the effective date of this insurance: (4) to personal injury or advertising injury arising out of libel or slander or the publication or utterance of defamatory or disparag ing material concerning any person or organization or goods, prod ucts or services, or in violation of an individual's right of privacy, made by or at the direction of the insured with knowledge of the falsity thereof: (5) to personal injury or advertising injury arising out of the con duct of any partnership or |Oint venture of which the insured is a partner or member and whicn is not designated in the declarations of the policy as a named insured; (6) to advertising injury arising out of (a) failure of performance of contract but this exclusion does not apply to the unauthorized appropriation of ideas based upon alleged breach of implied contract, or (b) infringement of trademark, service mark or trade name, other than titles or slogans, by use thereof on or in connection with goods, products or services sold, offered for sale or adver tised. or (c) incorrect description or mistake in advertised price of goods, products or services sold, offered for sale or advertised: (7) with respect to advertising injury (a) to any insured in the business of advertising, broadcasting, publishing or telecasting, or (b) to any miury arising out of any act committed by the in sured with actual malice. (C) Limits of Liability Regardless of the number ol (1) insureds hereunder, (2) persons or organizations who sustain iniury or damage, or (3) claims made or suits brought on account of personal injury or advertising injury, the total limit ol the company's liability under this coverage for all damages shall not exceed the limit of liability stated in this en dorsement as "aggregate" (0) Additional Definitions "Advertising Injury" means miury arising out of an offense commit ted during the policy period occurring in the course of the named insured's advertising activities, if such miury arises out of libel, slander, defamation, violation of right of privacy, piracy, unfair competition, or infringement of copyright title or slogan. "Personal Injury" means miury arising out of one or more of the following offenses committed during the policy period: (1) false arrest detention, imprisonment, or malicious prosecu tion: GL 04 04 05 81 (2) wrongful entry or eviction or other invasion of the right of pri vate occupancy: (3) a publication or utterance (a) of a libel or slander or ether defamatory or disparaging material, or (b) in violation of an individual's right of privacy; except publications or utterances in the course of or related to advertising, broadcasting, publishing or telecasting activi ties conducted by or on behalf of the named insured shall not be deemed personal injury. III. PREMISES MEDICAL PAYMENTS COVERAGE The company will pay to or tor each person who sustains bodily injury caused by accident all reasonable medical expense incurred within one year from the date of the accident on account of such bodily injury, provided such bodily injury arises out of (a) a condition in the insured premises, or (b) operations with respect to which 'he named insured is afforded coverage for bodily injury liability under the policy. This insurance does not apply: (A) to bodily injury (1) arising out of the ownership, maintenance, operation, use, load ing or unloading of (a) any automobile or aircraft owned or operated by or rented or loaned to any insured, or (b) 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 the insured premises, if such automobile is not owned by or rented or loaned to any insured; (2) arising out of (a) the ownership, maintenance, operation, use. loading or un loading of any mobile equipment while being used in any prear ranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any such contest or activity, or (b) the operation or use of any snowmobile or trailer designed for use therewith; (i) owned or operated by or rented or loaned to any in sured, or (ii) operated by any person in the course of his employ ment by any insured; (3) arising out of the ownership, maintenance, operation, use. load ing or unloading of (a) any watercraft owned or operated by or rented or loaned to any insured, or (b) any other watercraft operated by any person in the course of his employment by any insured; but this eidusion does not apply to watercraft while ashore on the insured premises; (4) 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 the named insured; (B) to bodily injury (1) included within the completed operations hazard or the prod ucts hazard; (2) arising out of operations performed for the named insured by independent contractors other than (a) maintenance and repair of the insured premises, or (b) structural alterations at such premises which do not involve changing the size of or moving buildings or other structures: (3) resulting from the selling serving or giving of any alcoholic beverage (a) in violation of any statute, ordinance or regulation, (b) to a minor, (c) to a person under the influence of alcohol, or Chicago Fire Brick Annual Reports and Insurance 000102 BROAD FORM COMPREHENSIVE GENERAL LIABILITY ENDORSEMENT--(Continued) GL 04 04 (Ed. 5-81) (d) which causes or contributes to the intoncation ol any per son, if the named insured is a person or organization engaged in the business of manufacturing, distributing, selling or serving al coholic beverages, or if not so engaged, is an owner or lessor of premises used for such purposes, but only part (a) of this eidusion (B) (3) applies when the named insured is such an owner or lessor; (4) due to war, whether or not declared, civil war, insurrection, rebellion or revolution, or to any act or condition incident to any of fhe foregoing; (C) to bodily injury (1) to the named insured, any partner thereof, any tenant or other person regularly residing on the insured premises or any employee of any of the foregoing if the bodily injury arises out of and in the course of his employment therewith; (2) to any other tenant if the bodily injury occurs on that part of the insured premises rented from the named insured or to any employee of such a tenant if the bodily injury occurs on the ten ant's part of the insured premises and arises out of and in the course of his employment for the tenant; (3) to any person while engaged in maintenance and repair of the insured premises or alteration, demolition or new construction at such premises; (4) to any person if any benefits for such bodily injury are payable or required to be provided under any workmen's compensation, unemployment compensation or disability benefits law, or under any similar law; (5) to any person practicing, instructing or participating in any physical training, sport, athletic activity or contest whether on a formal or informal basis; (6) if the named insured is a club, to any member of the named insured; (7) if the named insured is a hotel, motel, or tourist court, to any guest of the named insured; (D) to any medical eipense for services by the named insured, any employee thereof-or any person or organization under contract to the named insured to provide such services. LIMITS OF LIABILITY The limit of liability for Premises Medical Payments Coverage is SI,000 each person unless otherwise stated in the schedule of this endorsement. The limit of liability applicable to "each person" is the limit of the compa ny's liability for all medical eipense for bodily injury to any one person as the result of any one accident: but subiect to the above provision respect ing "each person", the total liability of the company under Premises Medi cal Payments Coverage for all medical eipense for bodily injury to two or more persons as the result of any one accident shall not eiceed the limit of bodily injury liability stated in the policy as applicable to "each occur rence" When more than one medical payments coverage afforded by the policy applies to the loss, the company shall not be liable for more than the amount of the highest applicable limit of liability. ADDITIONAL DEFINITIONS When used herein: "insured premises" means all premises owned by or rented to the named insured with respect to which the named insured is afforded coverage for bodily injury liability under this policy, and includes the ways immediately adioming on land: "medical eipense" means expenses for necessary medical, surgical, x-ray and dental services, including prosthetic devices, and necessary ambu lance, hospital, professional nursing and funeral services. ADDITIONAL CONDITION Medical Reports; Proof and Payment of Claim As soon as practicable the injured person or someone on his behalf shall give to the company written proof of claim, under oath if required, and shall, after each request from the company, execute authorization to enable the company to obtain medical reports and copies of records. The inpjred person shall submit to physical examination by physicians selected by fhe company when and as often as the company may reasonably require. The company may pay the miured person or any person or organization render ing the services and the payment shall reduce the amount payable here under for such miury. Payment hereunder shall not constitute an admis sion of liability of any person or, except hereunder, of the company. IV. HOST LIQUOR LAW LIABILITY COVERAGE Exclusion (h) does not apply with respect to liability of the insured or his indemnitee arising out of the giving or serving of alcoholic bever ages at functions incidental to the named insured's business, provided the named insured is not engaged in the business of manufacturing, distributing, selling or serving of alcoholic beverages. V. FIRE LEGAL LIABILITY COVERAGE-REAL PROPERTY With respect to property damage to structures or portions thereof rent ed to or leased to the named insured, including fixtures permanently attached thereto, if such property damage arises out of fire (A) All of the exclusions of the policy, other than the Nuclear Energy Liability Exclusion (Broad Form), are deleted and replaced by the fol lowing; This insurance does not apply to liability assumed by the insured under any contract or agreement. (B) The limit of property damage liability as respects this Fire Legal Liability Coverage-Real Property is J50.000 each occurrence unless otherwise stated in the schedule of this endorsement. (C) The Fire Legal Liability Coverage--Real Property shall be excess insurance over any valid and collectible property insurance (including any deductible portion thereof), available to the insured, such as. but not limited to, Fire. Extended Coverage, Builder's Risk Coverage or Installation Risk Coverage, and the Other Insurance Condition of the policy is amended accordingly. VI. BROAD FORM PROPERTY DAMAGE LIABILITY COVERAGE (Including Completed Operations) The insurance for property damage liability applies, subiect to the tot lowing additional provisions: (A) Exclusions (k) and (o) are replaced by the following: (1) to property owned or occupied by or rented to the insured, or. except with respect to the use ol elevators, to property held by the insured for sale or entrusted to the insured for storage or salekeepmg; (2) except with respect to liability under a written sidetrack agree ment or the use of elevators (a) to property while on premises owned by or rented to the insured for the purpose of having operations performed on such property by or on behalf of the insured, (b) to tools or equipment while being used by the insured m performing his operations. (c) to property in the custody of the insured which is to be installed, erected or used in construction by the insured. (d) to that particular part of any property, not on premises owned by or rented to the insured, (i) upon which operations are being performed by or on behalf of the insured at the time of the property damage arising out of such operations, or (li) out of which any property damage arises, or (m) the restoration, repair or replacement of which has been made or is necessary by reason of faulty workmanship thereon by or on behalf of the insured; (3) with respect to the completed operations hazard and with re spect to any classification stated in the policy or in the company s manual as "including completed operations", to property damage to work performed by the named insured arising out of such work or any portion thereof, or out of such materials, parts or equipment furnished in connection therewith. (B) The Broad Form Property Damage Liability Coverage shall be excess insurance over any valid and collectible property insurance (including GL 04 04 05 81 Chicago Fire Brick Annual Reports and Insurance 000103 BROAD FORM COMPREHENSIVE GENERAL LIABILITY ENDORSEMENT--(Continued) GL 04 04 (Ed. 5-81) any deductible portion thereof) available to the insured, such as. but not limited to. Fire, Extended Coverage, Builder's Risk Coverage or Installation Risk Coverage, and the Other Insurance Condition of the policy is amended accordingly. VII. INCIDENTAL MEDICAL MALPRACTICE LIABILITY COVERAGE The definition of bodily injury is amended to include Incidental Medical Malpractice Injury. Incidental Medical Malpractice Injury means injury arising out of the rendering of or failure to render, during the policy period, the following services: (A) medical, surgical, dental, iray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or (B) the furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. This coverage does not apply to: (t) expenses incurred by the insured for first-aid to others at the time of an accident and the "Supplementary Payments" provision and the "Insured's Duties in the Event ot Occurrence, Claim or Suit" Condition are amended accordingly; (2) any insured engaged in the business or occupation of providing any of the services described under VII (A) and (B) above; (3) injury caused by any indemnitee if such indemnitee is engaged in the business or occupation of providing any of the services de scribed under VII (A) and (B) above. VIII. NON-OWNED WATERCRAFT LIABILITY C0VERA6E (under 26 feet in length) Exclusion (e) does not apply to any watercraft under 26 feet in length provided such watercraft is neither owned by the named insured nor being used to carry persons or property for a charge. Where the insured is. irrespective of this coverage, covered or protect ed against any loss or claim which would otherwise have been paid by the company under this endorsement, there shall be no contribution or participation by this company on the basis of excess, contributing, deficiency, concurrent, or double insurance or otherwise. IX. LIMITED WORLDWIDE LIABILITY.COVERAGE The definition ot policy territory is amended to include the following: (4) Anywhere in the world with respect to bodily injury, property damage, personal injury or advertising injury arising out of the activities ot any insured permanently domiciled in the United States of America though temporarily outside the United States of Ameri ca. its territories and possessions or Canada, provided the original suit for damages because of any such iniury or damage is brought within the United States of America, its territories or possessions or Canada. Such insurance as is afforded by paragraph (4) above shall not apply: (a) to bodily injury or property damage included within the com pleted operations hazard or the products hazard; (b) to Premises Medical Payments Coverage X. ADDITIONAL PERSONS INSURED As respects bodily injury, property damage and personal injury and advertising injury coverages, under the provision "Persons Insured", the following are added as insureds: (A) Spouse-Partnership-lf the named insured is a partnership, the spouse of a partner but only with respect to the conduct of the business of the named insured; (B) Employee--Any employee (other than executive officers) of the named insured while acting within the scope of his duties as such, but the insurance afforded to such employee does not apply; (1) to bodily injury or personal injury to another employee of the named insured arising out of or in the course of his employ ment (2) to personal injury or advertising injury to the named in sured or, if the named insured is a partnership or joint venture, any partner or member thereof, or the spouse of any of the foregoing; (3) to property damage to property owned, occupied or used by. rented to, in the care, custody or control of or over which physical control is being exercised for any purpose by another employee of the named insured, or by the named insured or. if the named insured is a partnership or joint venture, by any part ner or member thereof or by the spouse of any of the foregoing. XI. EXTENDED BODILY INIURr COVERAGE The definition of occurrence includes any intentional act by or at the direction of the insured which results in bodily injury, if such injury arises solely from the use of reasonable force for the purpose of pro tecting persons or property. XII. AUTOMATIC COVERAGE-NEWLY ACQUIRED ORGANIZATIONS (90 DAYS) The word insured shall include as named insured any organization which is acquired or formed by the named insured and over which the named insured maintains ownership or maionty interest, other than a joint venture, provided this insurance does not apply to bodily injury, property damage, personal injury or advertising injury with respect to which such new organization under this policy is also an insured under any other similar liability or indemnity policy or would be an insured under any such policy but for exhaustion of its limits of liability. The insurance afforded hereby shall terminate 90 days from the date any such organization is acquired or formed by the named insured. GL 04 04 05 81 Chicago Fire Brick Annual Repons and Insurance 000104 GL 02 00 (Ed. 01 76) This endorsemen! forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective Policy No. Endorsement No/ Named Insured Countersigned by ized Representative) GENERAL LIABILITY AMENDMENT OF TERMINATION PROVISIONS (Illinois) It is agreed that: A. The first paragraph of the Cancellation" Condition is replaced by the following: This policy may be cancelled by the named insured by surrender thereof to the company or any of its authorized agents or by mailing to the company written notice stating when thereafter the cancella tion shall be effective. This policy may be cancelled by the company by mailing to the named insured at the last mailing address known by the company, written notice stating when thereafter such cancellation shall be effective it the policy is cancelled by the company due to the failure of the named insured to discharge when due any of his obligations in connection with the payment of premium or any installment of such premium that is payable directly to the compa ny or its agent, written notice of cancellation must be mailed at least ten days prior to the effective dale of such cancellation. However, if the policy is cancelled by the company for any reason other than nonpayment of premium, written notice of cancellation must be mailed: 1 at least thirty days prior to the ettective date of cancellation it the policy has been in force for 181 days or more, or 2 at least fifteen days prior to the effective date of cancella tion if the policy has been in force for 180 days or less. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of surrender or the effective date and hour of cancellation stated in the notice shall become the end of the policy period. b. The following Condition is added: RENEWAL If the company elects not to renew this policy, it shall mail to the named insured at the last mailing address known by the company, written notice of such nonrenewal not less than thirty days prior to the expiration date: provided that, notwithstanding the failure of the com pany to comply with the loregoing provisions of this paragraph, this policy shall terminate 1. on such expiration date, if (a) the named insured has failed to discharge when due any of his obligations in connection with the payment of premium or any installment of such premium, that is payable directly to the company or its agent or (b) the company has by any means manifested its willing ness to renew directly to the named insured, or (c) the named insured has notified the company or its agent that he does not wish this policy to be renewed, or 2. on the effective date of any other insurance policy pro cured by the insured as a replacement for this policy. The mailing of notice as aforesaid shall be sufficient proof of notice. GL 02 00 (Ed. 0176) Chicago Fire Brick Annual Reports and Insurance 000105 t GL99 18 (Ed. 03 83) This endorsement forms a pari of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent lo preparation of policy.) Endorsement effective Named Insured Policy No. Authorized Representative! This endorsement modifies such insurance as is afforded by the provisions of the Policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE CONTRACTUAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE OWNERS. LANDLORDS AND TENANTS LIABILITY INSURANCE OWNERS AND CONTRACTORS PROTECTIVE LIABILITY INSURANCE AMENDMENT OF DEFINITION-INCIDENTAL CONTRACT It is agreed that the definition of incidental contract is amended to include any easement or license agreement in connection with vehicle or pedestrian private railroad crossing at grade. Instructions The provisions of this endorsement may be incorporated into General Liability policies. GL 99 18 03 83 Copyright, Insurance Services Office, 1984 Chicago Fire Brick Annual Reports and Insurance 000106 GL 99 19 (Ed. 03 83) This endorsement forms a part of the policy to which attached, elective on the inception date of the policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective Named Insured Policy No. Countersigned by ithorized Representative! This endorsement modifies such insurance as is afforded by the provisions of the Policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE BROAD FORM COMPREHENSIVE GENERAL LIABILITY ENDORSEMENT AMENDMENT OF BROAD FORM COMPREHENSIVE GENERAL LIABILITY ENDORSEMENT Section I. Contractual Liability Coverage, exclusion B. (5) is amended to read as follows: to bodily injury or properly damage arising out of construction or demolition operations, within 50 feet of my railroad property, and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing: but this exclusion does not apply to sidetrack agreements or easement or license agreements in connection with vehicle or pedestrian private railroad crossings at grade Instructions The provisions of this endorsement may be incorporated into the provisions of the Broad Form Comprehensive General Liability Endorsement. GL 99 19 03 83 Copyright, Insurance Services Office, Inc. 1984 Chicago Fire Brick Annual Reports and Insurance 000107 GL 00 31 (Ed. 4 84) This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein (The folowinf information Is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective Policy No. Endorsement No Named Insured Additional Premium $_____________ Countersigned by ^(Authorized Representative) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPLETED OPERATIONS AND PROOUCTS LIABILITY INSURANCE DRUGGISTS LIABILITY INSURANCE POLLUTION LIABILITY INSURANCE Amendatory Endorsement It is agreed that the exclusion relating to bodiy injury to any employee of the insured is deleted and replaced by the following: This insurance does not apply: (i) to bodly injury to any employee of the insured arising out of and in the course of his employment by the insured for which the insured may be held liable as an employer or in any other capacity; (li) to any obligation of the insured to indemnify or contribute with another because of damages arising out of the bodily injury; or (iii) to bodly injury sustained by the spouse, child, parent, brother or sister of an employee of the insured as a consequence of bodily injury to such employee arising out of and in the course of his employment by the insured; This exclusion applies to all claims and suits by any person or organization for damages because of such bodSy injury including damages lor care and loss of services. GL 00 31 04 84 Copyright, Insurance Services Office, Inc., 1983 Chicago Fire Brick Annual Reports and Insurance 000108 0.00 32 (Ed. 4 84) This endorsement forms i part of the policy to which itUched. effective on the inception date of the policy unless otherwise stated herein. (The Mowing information is requred only this endorsement is sued subsequent to preparation of potcy.) Endorsement effective Policy No. Endorsement No. Named insured Additional Premium S Countersigned by /^(Authorised Representative) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the foliowing: COMPREHENSIVE GENERAL UASIITT MSURANCE MANUFACTURERS AM) CONTRACTORS UABR.ITT MSURANCE OWNERS, LANDLORDS AND TENANTS UABR.ITT MSURANCE OWNERS AK> CONTRACTORS PROTECTIVE LIABILITY MSURANCE STOREKEEPERS MSURANCE SMP UABR.ITY MSURANCE Amendatory Endorsement It is agreed that the exclusion relating to botfly injury to any employee ol the bisured is deleted and replaced by the following: This insurance does not apply: (i) to botfly iijwy to any employee of the towed arising out of and in the course of his employment by the mured for which the mured may be held liable as an employer or in any other capacity: (ii) to any obligation of the toured to indemnify or contribute with another because of damages arising out of the botfly injury; or (iii) to bodly eijwy sustained by the spouse, child, parent brother or sister of an employee of the towed as a consequence ol botfly injury to such employee arising out of and m the course of his employment by the towed; This exclusion applies to all claims and suits by any person or organisation for damages because of such bodty njwy including damages lor care and loss of services. Thisjxdusion does not apply to liability assumed by the towed under an hicidentai contract GL 00 32 04 84 Copyright Insurance Services Office. Inc., 1983 Chicago Fire Brick Annual Reports and Insurance 000109 L M 21 (Ed 6-85) This indorsement terns i put of the pokey to wtoeli attached, effective on the inception date of the pokey unless otherwise stated herein. (The tofcwint Marmation k retired ady when Mi endorsement k ksued tubseqienf to prtpari Endorsement effective fofccy No. Named hsored Coenterncned by /(prihatttti Representative) The endorsement modifies such insurance as s afforded by the provisions of the policy retatmf to the todowinf BUSINESSOWNERS POLICY COMPREHENSIVE GENERAL LIABILITY INSURANCE CONTRACTUAL UAB.cfTY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE OWNERS AND CONTRACTORS PROTECTIVE LIABILITY INSURANCE OWNERS, LANDLORDS AND TENANTS LIABILITY INSURANCE BMP LIABILITY INSURANCE STOREKEEPERS INSURANCE POLLUTION EXCLUSION It is agreed that the exclusion relating to the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollu tants is replaced by the following: (1) to bodily Injury or properly damage arising out of the actual, alleged or threatened discharge, dispersal, release or escape of pollutants: (a) at or from premises owned, rented or occupied by the named insured; (b) at or from any site or location used by or for the named Insured or others for the handling, storage, disposal, processing or treatment of waste; (c) which are at any time transported, handled, stored, treated, disposed of. or processed as waste by or for the named Insured or any person or organization for whom the named Insured may be legally responsible: or (d) at or from any site or location on which the named Insured or any contractors or subcontractors working directly or indirectly on behalf of the named insured are performing operations (i) Tf the pollutants are brought on or to the site or location in connection with such operations, or (ii) if the operations are to test for, monitor, dean up. remove, contain, treat, detoxify or neutralize the pollutants. (2) to any loss, cost or expense arising out of any governmental direction or request that the named insured test for. monitor, dean up, remove, contain, treat, detoxify or neutralize pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, induding smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste indudes materials to be recycled, reconditioned or reclaimed IL 09 28 06 85 Copyright. Insurance Services Office. Inc.. 1985 Chicago Fire Brick Annual Repons and Insurance 000110