Document O3V4wB37Oz1vaD7ppqVZ7db31

= GENERAL LIABILITY-AUTOMOBILE POUCY O Bituminous CASUALTY CORPORATION FIRE & MARINE INSURANCE CO. CAPITAL STOCK INSURANCE COMPANIES--ROCK ISLANO, ILLINOIS 61201 No. 9L1 215 012 POLICY PROVISIONS -- PART A THE INSURANCE COMPANY WHOSE NAME IS DESIGNATED ON THE DECLARATIONS BY [xj IS THE COMPANY PROVIDING THE INSURANCE. In consideration of the payment of the premium, in reliance upon the statements in the declarations made a part hereof and subject to all of the terms of this policy, agrees with the named insured as follows: DEFINITIONS When used in this policy (including endorsements forming a part hereof): "aotemebile" means a land motor vehicle, trailer or semi trailer designed for travel an public roads (including any machinery or apparatus attached thereto), but does not include mobile equipment; "bodily injury" means bodily injury, sickness or disease sustained by any person which occurs during the policy period, including death at any time resulting therefrom; "collapse hazard" includes "structural property damage" as defined herein and property 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, back-filling, tunnelling, pile driving, cofferdam work or caisson work or 12) moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support thereof. The eollapso hazard does not include preperty damage 111 arising out of operations performed for the named insured by independent contractors, or (2) included within the completed eperations hazard or the underground property damage hazard, or (3) for which liability is assumed by the insured under an incidental contract; "completed operations hazard" includes bodily iijary and property damage arising out of operations or reliance upon a representation or warranty made at any time with respect thereto, but only if the bedHy injury or preperty damage occurs after such operations have been completed or abandoned and occurs away from premises owned by or rented to the earned insured. "Operations" include materials, parts or equipment furnished in connection therewith. Operations shall be deemed com pleted at the earliest of the following times: ID when all operations to be performed by or on behalf of the named insured under the contract have been completed, (2) when all operations to be performed by or on behalf of the named insured at the site of the operations have been completed, or (3) when the portion of the work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Operations which may require further service or maintenance work, or correc tion. repair or replacement because of any defect or deficiency, but which are otherwise complete, shall be deemed completed. The etmpleted iperatians hazard does not include badily injury or property damage arising out of la) operations in connection with the transportation of property, unless the btdily injury or pruperty 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 abandoned or unused ma terials. or (cl operations for which the classification stated in the policy or in the company's manual specifies "including completed operations"; "elevatar" means any hoisting or lowering device to connect floors or landings, whether or not in service, and all appliances thereof including any car, platform, shaft, hoistway, stairway, runway, power equipment and machinery; but does not include an autamebile servicing hoist, or a hoist without a platform outside a building if without mechanical power or if not attached to building walls, or a hod or material hoist used in alteration, construction or demolition operations, or an inclined conveyor used exclusively for carrying property or a dumbwaiter used exclusively for carrying property and having a compartment height not exceeding four feet; "explosion hazard" includes property damage arising out of blasting or explosion. The explosion hazard does not include preperty damage (1) arising out of the ex plosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment, or (2) arising out of operations performed for the named insured by independent contractors, or (3) included within the com pleted operations hazard or the underground property damage hazard, or (4) for which liability is assumed by the insured under an incidental contract; "incidental contract" means any written (1) lease of premises, (2) easement agreement except in connection with construction or demolition operations on or adjacent to a railroad, (3) undertaking to indemnify a municipality required by municipal ordinance, except in connection with work for the municipality, (4) side track agreement, or (5) elevator maintenance agreement; "insured" means any person or organization qualifying as an insured in the "fer sons Insured" provision of the applicable insurance coverage. The insurance afforded applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the company's liability; "mobile equipment" means a land vehicle (including any machinery or apparatus attached thereto), whether or not self-propelled. (I) not subject to motor vehicle registration, or (2) maintained for use exclusively on premises owned by or rented to the named insured, including the ways immediately adjoining, or (31 designed for use principally off public roads, or (4) designed or maintained for the sole purpose of affording mobility to equipment of the following types forming an in tegral 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; aircompressors, 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 Item 1. of the decla rations of this policy; "named insured's preduets" means goods or products manufactured, 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 praducts" shall not include a vending machine or any property other than such container, rented to or located for use of others but not sold; GA6300XF (1-1-731 112-821 AG-00-01 Ptd mUSA Chicago Fire Brick Annual Reports and Insurance 000131 "Ktirrenci" meins an accident, including continuous or repeated exposure to conditions, wtuch results m bodily injoty or property dasage neither expected nor intended from the standpoint of the inured; "policy territory" means: (1) the United States of America, its territories or possessions, or Canada, or (21 international waters or air space, provided the bed!hr tojury or property don ate does not occur in the course of travel or transportation to or from any other country, state or nation, or (3) anywhere in the worjd with respect to damages because of bodily injury or property damage arising out of a product which was sold for use or consump tion within the territory described in paragraph ID above, provided the original suit for such damages is brought within such territory; "products hazard" includes bedily iujery and praperty daeuge arising out of the named iusured's predicts or reliance upon a representation or warranty made at any time with respect thereto, but only if the bedily Injury or property daeuge occurs away from premises owned by or rented to the used inured and after physical possession of such products has been relinquished to others; "property damage'' means (1) physical injury to or destruction of tangible prop erty which occurs during the policy period, including the loss of use thereof at any time resulting therefrom, or (2) loss of use of tangible property which has not been physically iniured or destroyed provided such loss of use is caused by an tccuiroucd during the policy period; "uadergreund praperty damage hazard" includes underground property damage as defined herein and property damage to any other property at any time resulting therefrom. "Underground property damage" means praperty damage to wires, conduits, pipes, mams, sewers, lanks. tunnels, any similar property, and any apparatus in connection therewith, beneath the surface of the ground or water, caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, excavating, drilling, borrowing, filling, back-tilling or pile driving. The vadergraund praperty damagp hazard does not include praperty dam age (D arising out of operations performed for the earned insured by independent contractors, or (2) included within the completed eperatieai hazard, or (3) for which liability is assumed by the iasared under an incidental contract SUPPLEMENTARY PAYMENTS The company will pay, in addition to the applicable limit of liability- la) all expenses incurred by the company, all costs taxed against the insured in any suit defended by the company and all interest on the entire amount of any judgment therein which accrues after entry af the judgment and before the company has paid or tendered or deposited in court that part of the judgment which does not exceed the limit of the company's liability thereon; of the iasared because of accident or traffic law violation arising out of the use of any vehicle to which this policy applies, not to exceed 3250 per bail bond, but the company shall have no obligation to apply lor or furnish any such bonds; (cl expenses incurred by the insured for first aid to others at the time of an acci dent, for bodily injury to which this policy applies; (b) premiums on appeal bonds required in any such suit, premiums on bonds to release attachments in any such suit for 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 company'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. CONDITIONS t. Premium: All premiums .or this policy shall be computed In accordance with 5. Action Against Company; No action shall lie against the company unless, as a the company's rules, rates, rating plans, premiums and minimum premiums appli condition precedent thereto, there shall have been lull compliance with all of the cable to the insurance afforded herein. terms of this policy, nor until the amount of the insured's obligation to pay shall Premium designated in this policy as ``advance premium" is a deposit premium only which shall be credited to the amount of the earned premium due at the 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. end of the policy period. At the dose of each period (or part thereof terminating Any person or organization or the legal representative thereof who has secured with the end of the policy period) designated m the declarations as the audit such judgment or written agreement shall thereafter be entitled to recover under period the earned premium shall be computed for such period and, upon notice this policy to the extent of the insurance afforded by this policy. No person or thereof to the named insured, shall became due and payable. If the total earned organization shall have any right under this policy to |Oin the company as a party premium for the policy period is less than the premium previously paid, the to any action against the insured to determine the insured's liability, nor shall company shall return to the named Insured the unearned portion paid by the the company be impleaded by the insured or his legal representative. Bankruptcy named insured. or insolvency of the insured or of the insured's estate shall not relieve the com The named iasared shall maintain records of such information as is necessary pany of any of its obligations hereunder. for premium computation, and shall send copies of such records to the company at the end o( the policy period and at such times during the policy period as the company may direct. 6. Other Insurance: The insurance afforded by this policy is primary insurance, except when staled to apply in excess of or contingent upon the absence of other insurance. When this insurance is primary and the insured has other insurance 2. Iiupectidi and Audit; The company shall be permitted but not obligated to which is stated to be applicable to the loss on an excess or contingent basis, the inspect the named insartd'i property and operations at any time. Neither the amount of the company's liability under this policy shall not be reduced by the company's right to make inspections nor the making thereof nor any report there existence of such other insurance. on 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 lew, role or regulation. 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 m the The company may examine and audit the named insured's books and records at applicable contribution provision below: ar.y 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. (a) Cantributiuu by Equal Shares. If all of such other valid and collectible insur ance provides for contribution by equal shares, thecompany shall not be liable (or a greater proportion of such loss than would be payable it each insurer 1. Financial Responsibility taws: When this policy is certified as proof of anemia! 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 com contributes an equal share until the share of each insurer equals the lowest applicable limit of liability under any one policy or the full amount of the loss is paid, and with respect to any amount of loss not so paid the remaining insurers then continue to contribute equal shares of the remaining amount of the loss until each such insurer has paid its limit in full ar the lull amount of the loss is paid. pany which it would not have been obligated to make under the terms of this policy except for the agreement contained in this paragraph. (bl Contribution by Limits. If any of such other insurance does not provide for contribution by equal shares, the company shall not be liable for a greater 4. Insured'. Duties iu the Event of Occurrence, Claim ur (ait: (al In the event of an occurrence, written notice containing particulars sufficient to identify the insured and also reasonably obtainable information with respect to the time, place and circumstances thereof, and the names and addresses 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! If claim is made or suit is brought against the insured, the insured shall im mediately forward to the company every demand, notice, summons or other process received by him or his representative. (cl The itiired shall cooperate with the company and, upon the compands 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 at iniury or damage with respect to which insurance Is afforded under this policy; and the Iasared shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. The insured shall not, except at his own cast, voluntarily make any payment assume any obligation or incur any expense other than for first aid to others at the time of accident. proportion of such ioss than the applicable limit of liability under this policy for such loss bears to the total applicable limit of liability of all valid and collectible insurance against such loss. 7. Subrogation: In the event of any payment under this policy, Ihe company shall be subrogated to ail 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 iasared shall do nothing after loss to prejudice such rights. I. Cbangei. 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 (rom 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. J. Assignment. Assignment of interest under this policy shall not bind the com pany until its consent is endorsed hereon; if, however, the named insured snail die, such insurance as is afforded by this policy shall apply (D to the named insured's legal representative, as the named insured, but only while acting witnin the scope of his duties as such, and (2) with respect to the property of the Chicago Fire Brick Annual Reports and Insurance 000132 GEN AL AMENDMENT ENDORSEMENT -- In consideration of: iy) The premium for which this policy is written, .BILITY Endt. #12 An additional premium of: $________ B.l. (Cov. ), __________ P.D. (Cov. ),M.P. (Cov. E) (Tout) A return premium of: $________ B.l. (Cov. ), P.D. (Cov. ),M.P. (Cov. E) (Total) A premium adjustment at audit, it is agreed that the policy, Declarations, is amended as follows: itemi. Names of insured: add (3) C & W Refractories, Ltd. Address: Corporation Individual Partnership Joint Venture Item 2. Policy Period: Fromto Other Pay Basis: Fromto This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: Item 3. Coverage, premiums, rates, and or classifications, as respects the below listed coverage part(s) are amended as shown: FORM OR COVERAGE PART NO PREMIUM Bl. P.D. RATE B.l. P.D. PREMIUM BASIS CODE NO. CLASSIFICATION Location of all premises owned by, rented to or controlled by the named insured as respects the following coverage parts, is amended to: The following endorsements are added: The following endorsements are deleted: Replaced by: ("jxj" designates provisions applicable) This endorsement is effective from January 1, 1984 , at 12:01 A.M., standard time at the named insured's address, and subject to all the exclusions, conditions and other terms of the policy except as specifically amended herein, forms a part of policy # 1 215 012 issued to Chicago Fire Brick Company, Etal Q BITUMINOUS CASUALTY CORPORATION BITUMINOUS FIRE AND/ COMPANY ("0" designates the insuring company) Countersigned Feb. 23, 19 84, at Chicago, Illinois GL966C (6-81} by' Chicago Fire Brick Annual Reports and Insurance 000133 PART B GENERAL 11AP ' AUTOMOBILE POLICY - this part e, with poucy pp ons--part a", and coverage PART(S) AND ENOOASMt.nr(S). (IF ANY), ISSUED TO FORM A PART THEREOF, COMPLETES) THE BELOW NUMBERED POLICY. Bituminous CASUALTY CORPORATION g'S fire & MARINE INSURANCE CO. CAPITAL STOCK INSURANCE COMPANIES--ROCK ISLAND, ILLINOIS 61201 References * ties potcy !6 to Ccnoeey mm fee Cooney tafiutf beta* Oy fee ner t yji BITUMINOUS CASUALTY CORPORATION ~] BITUMINOUS FIRE AND MARINE INSURANCE COMPANY No. GL 1 215 012 DECLARATIONS Iten 1. r Named Insured and Address.- (No., strt, Town or city, county, state, zip) Chicago Fire Brick Company H (See Endt. #1) 1467 North Elston Avenue Chicago, Cook, i 11 inois 60622 L J Item 2. From to Policy Period: [in. Mo. Day Yr. CLOW | January 1, 1984 January 1, 1985 12:01 A.M., standard time at the address of the named insured as stated herein. RENEWAL OF NO. GL 1 202 307 The named insured ls: P Corporation Q Joint Venture Individual I I Other: I I Partnership Business of the named insured is: (CNTCK BELOW) Audit Period: Annual, unless otherwise stated. S&ecia ties__________________________ Item 3. The insurance afforded is only with respect to such of the following coverage parts as are indicated herein by specific premium charge or charges and such of the coverages under each such coverage part as are indicated therein by specific premium charge or charges. Advance Premiums Coverage Part(s) J Automobile Medical Payments Insurance J Automobile Physical Damage Insurance (OealersJ $ Automobile Physical Damage Insurance (Fleet Automatic) $ Automobile Physical Damage Insurance (Non-Fleet) i Basic Automobile Liability Insurance i Completed Operations and Products Liability Insurance $ Comprehensive Automobile Liability Insurance J17.943. Comprehensive General Liability Insurance % Comprehensive Personal Insurance % Contractual Liability Insurance Form numbers of endorsements attached to policy at Issue P34i L6394Xa GL9917 GL0404 GL0019 GL0200 GL2011 GL2011 P34i P34i L142e (4/82) (1/73) 3/81) 5/81) (7/78) (1/76) (7/66) (7/66) (4/82) (4/82) (7/80) J Garage Insurance $ -Manufacturers' and Contractors' Liability Insurance % Owner's and Contractor's Protective Liability Insurance G01185b Attached i Owners', Landlords' and Tenants' Liability Insurance % Personal Injury Liability Insurance If the Policy Period is more than one year and the premium is to be paid in % Premises Medical Payments Insurance installments, premium is payable on: % Uninsured Motorists insurance Effective Date %$ % 1st Anniversary %$ 2nd Anniversary S17.943. Total Advanca Premium (or this policy $_______ _______________ _______________ *Not applicable m Tens_____ Countersigned ienter mo. Day Yr. n.o' February 1, 1984 at Chicago, Illinois GA622? 5 31: by IESCNTATIVE Chicago Fire Brick Annual Reports and Insurance 000134 Item #1 ENDORSEMENT NAMED INSURED AND ADDRESS: Chicago Fire Brick Company 1467 North Elston Avenue Chicago, Cook, i11inois 60622 and Wellsvi11e Fire Brick Company WeiIsville, Montgomery, Missouri 63384 End. # 1 This endorsement is effective from January 1, 1984 , ot 12:01 A.M., standard time at the named insured's address, and subject to all the exclusions, conditions and other terms of the policy except as specifically amended herein, forms a part of policy # GL 1 215 012 issued to Chicago Fire Brick Company, ETAL. 1771 BITUMINOUS CASUALTY CORPORATION BITUMINOUS FIRE AND MARINE INSURANCE-COMPANY (" " designates the insuring company) ' Countersigned February 1, 1984 , at Chicago, Illinois by Authorized Representative P34. (4-821 Chicago Fire Brick Annual Reports and Insurance 000135 COMPREHENSIVE GENERAL LIABILITY flft(J` For attachment to Policy No. 1 ?l-5 01?to complete said poncy Endt. n COVERAGE PART L 6394Xa (Hd. 1-73) ADDITIONAL DECLARATIONS Location ol all premises owned by. rented to or controlled by the aimed insured m (> , , , SEE, ENDT. #3 interest^' named insured in sucn premises cntc Sci.ow> .... Part occupied by named insured ML9Hi The following discloses all hazards insured hereundeHnownfo exist at the effective dale pi ibis policy, unlessotherwise slated herein SCHEDULE The insurance afforded is only with respect to such ol the following Coverages as are moicated by specific premium charge or charges The limit of the company s tiaoii-ty against eacn such Coverage shall be as stated herein, subject to all the terms of this poncy navmg reference thereto Advance Premiums Limits of Liability each occurrence j aggregate 17,943. ?______________ * I* 1___ Incl. s p \i * * A -- Sooily Iniury Liability B-Property Damage Liability s 17,943. Total Advance Premium | ___*See Endt. 42 - GL9917 General Liability Hazards Advance Premiums Bodily Injury Properly Damage Premium Basesf ;j^* P.O. Coverages Form numbers ol endorsements attached (issue i Description of Hazards 3,809. Incl. .083 Incl. 14,134. Incl. .308 Incl. (c) 4,589,000. (c) 4,589,000. Premises - Operations / 20050 - Manufacturing - All Operations in Progress 39982 - Product Liability f :aa ArtKsq 1| :ci Aemuneriw MI|J lOC M fi ol Art* <ci r S'OO 01 flemun*<ion t bi R'ontag* (l Racoon ttibl PtrLmaarfo . id) RarS100 al Racnou !i unit* ii R*f Umi (h Numbar inturwl it) Rf Landing Pcsi a SK30 }i Post M Racoon m Per SiOOO o> Raoiou >} Sac, ') Par S1000 Ol SUM 'j> Emissions ij) Par 100 Admissions When used as a premium basis. 11 "admissions" means the total number ol oersons other lhan employees of the named insured, admitted to the event insured or tc events ccnouctec on *he I premises whether on paid admission ticxets. complimentary ticxets or passes. j 2 "cost" means the total cost to the named insured with resoect to ooeraiions performed lor the named insured fluting the oolicy period by independent connc- , tors of all work let or sub-let m connection with each specific project, nciuding the cost of all labor materials and equipment lurmsheo used or deuvereo "or use in the execution of such work, whether furnished by the owner, contractor or subcontractor including all lees, allowances, bonuses or commissions mace i paid or sue. 3 "receipts" means the gross amount ol money charged by the named insured lor such operations by the named insured or by others during tne poncy per cc l as are rated on a receipts basis other than receipts Irom telecasting, broadcasting or motion pictures, and includes taxes, other lhan taxes wmen the named | insured collects as a separale item and remits directly to a governmental division. 14 remuneration'' means the entire remuneration earned dunng the oolicy period by proprietors and by all employees ol Ihe named insured.other than pnauifeurs (except operators ot mobile equipment) anc aircraft pilots and co-pilots suOiect to any overtime earnings or limitation ol remuneration ;uie applicable in ac cordance with ine manuals in use by the company. 5 "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 disinbutec | dunng the policy period and charged flunng the policy period for installation, servicing or repair, and includes taxes, other than taxes which the named insured i and sucn others colled as a separate item and remit directly to a governmental division __________ __ ________________________________ BITUMINOUS CASUALTY CORPORATION - BITUMINOUS FIRE AND MARINE INSURANCE COMPANY - ROCK ISLAND. ILLINOIS COVERAGE PART COMPREHENSIVE GENERAL LIABILITY INSURANCE i over) l 63941a Chicago Fire Brick Annual Reports and Insurance 0001 36 I. COVERAGE A--ftffllYIWOTTUABHJTY coverage i--property damjlcc liability named Insured after such products or work have been put to use by any person or organization other than an insured; The company will pay on behalf of the Insured all sum which the Insured shall become legally obligated to pay as damages because of A. badfly fafury or B. property damp (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, 3r :ut of materials, parts or equipment furnished m connection therewith; to which thu 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 judgments or settlements. (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 wtuch 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 in this policy by a classification code number which includes the symbol "x". (2) the ealiapse hazard in connection with operations identified in this Exelasicnt 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 earned insured's products or a warranty that work performed by or on behalf of the named Insured will be done in a workmanlike manner; kl to bedfly injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of 11) any automobile or aircraft owned or operated by or rented or loaned to any insured, or (2) any other automobile or aircraft operated by any person in the course of his employment by any iesored; but this exefusion does not apply to the parking of an automobile on premises owned by, rented to or controlled by the earned Insured or the ways immediateiy adjoining, if such aatomobila is not owned by or rented or loaned to any insured; (d to bodily infury or property damage arising out of (1) the ownership, main tenance, operation, use, loading or unloading of any mobile equipment while being used in any prearranged or orgtniied racing, speed or demolition contest or in any stunting activity or in practice or preparation for any such contest or activity or (2) the operation or use of any snowmobile or trailer designed for use therewith; (dl to bedify injury or property damage arising out of and in the course of the transportation of mobile equipment by in avtomobilo owned or operated by or rented or loaned to any insured; (el to bodily injury or property damage arising out of the ownership, maintenance, operation, use. loading or unloading of dl 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 (us em ployment 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; to bodily Injury or property damage arising out of 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 pollutants into or upon land, the atmosphere or any water course or body of water, but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental; policy by a classification code number which includes the symbot "c". (3) the underground property damage hazard m connection with operations identified in this policy by a classification code number which includes the symbol `V'. II. PERSONS INSURED Each of the following is an insured under this insurance to the extent set forth below: (a) if the named Insured is designated m the declarations as an individual, the person so designated but only with resoect to the conduct of a business of which he is the sole proprietor, and the soouse of `he named insured with respect to the conduct of such a business, Cb) if the named insared 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 is such: (cl if the named insured is designated m the declarations as other than an in dividual. partnership or joint venture, the organization so designated and any executive officer, director or stockholder thereof while acting withm the scope of his duties as such; (d) any person (other than an employee of the named insured) or organization while acting as real estate manager for the named Insured and (e) with respect to the operation, for the purpose of locomotion upon a public highway, of mobile equipment registered under any motor vehicle registration law, (i) an employee of the named insured white operating any such equipment in the course of his employment and (ii) any other person while operating with the permission of the named insared any such equipment registered in the name of the named insured and any person or organization legally responsible for such operation, but only if there is no other valid and collectible insurance available, either on a primary or excess basis, to such person or organization; provided that no person or organization shall be an Insured under this para graph (e) with respect to; (1) budlly injury to any fellow employee of such person injured in the course of his employment, or (2) property damage to property owned by. rented to, in charge of or occupied by the named insured or the employer of any person described m subparagraph (ill. 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. (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 dl liability assumed by the insured under an Incidental contract, or (2) expenses for first aid under the Supplementary Payments provision-, ih) to bedify injury or property damaga for which the insured or his indemnitee may be held liable (1) as a person or organization engaged in the business of manufacturing, distributing, selling or serving alcoholic beverages, or (21 if not so engaged, as an owner or lessor of premises used for such purposes, if such liability i$ imposed (1) by. or because of the violation of, any statute, ordinance or regulation pertaining to the safe, gift, distribution or use of any alcoholic beverage, or in) by reason of the selling, serving' or giving of any aicohblic' beverage to a minor or to a person under the influence of alcohol or which causes or contributes to the intoxication of any person; but part In) of this exclusion does not apply with respect to liability of the insured or his indemnitee as art 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 compensation, unemployment compensa tion or disability benefits law, or under any similar law; <|) to bodlty Injury to any employee of the insured arising out of and m the course of tus 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 aoply to liability assumed by the insured under an incidental contract; (k) to property damage to 11) property owned or occupied by or rented to the Insured, (2) property used by the insured, or (31 property m ttje care, custody or' control of the iesored or as to which the insured is lor 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 alevators) arising out of the use of an elevatar at premises owned by, rented to or controlled by the named insured; (it to property damage to premises alienated by the named intend arising out of such premises or any part thereof; (mi to loss of use of tangible property which has not been physically injured or destroyed resulting from (1) a delay in or lack of performance by or on behalf of the named Insared of any contract or agreement, or (2) the failure of the named insored's products or work performed by or on behalf of tbe 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 III. LIMITS OF LIABILITY Regardless of the number of (L Insureds under this policy. (21 persons or organi zations who sustain bodily injury or property damage, or 3) claims made or suits brought on account of bodily injury or property damage, the company's liability is limited as follows: Coverage A--The total liability of the company for all damages, including damages for care and loss of services, because of bodily injury sustained by one or more persons as the result of any one occurrence shall not exceed the limit of bodily iiijsry liability stated in the schedule as applicable to "each occurrence Subject to the above provision respecting "each occurrence", the total liability of the company for all damages because of (11 all bodily injury included within the completed eparations hazard and (2) all bodily injury included within the products hazard shall not exceed the limit of bodily injury liability stated m the schedule as "aggregate". Coverage B--The total liability of the company for all damages because af all property Varnafe sustained by one or more persons or organizations as the result of any one occurrence shall not exceed the limit of property damage liability stated In the schedule as applicable to "each occurrence ' Subiect to the above provision respecting "each occurrence", the total liability of the company-for all damages because of all property damaga lo which this coverage applies and described' in'any of the- numPered suboaragraphs below shall not exceed the limit of property damage liability stated m the schedule as "aggregate"- (L) all property damage arising out of premises or operations rated on a re muneration basis or contractor's equipment rated on a reccpts basis, including property damage for which liability ,s assumed under any in cidental contract relating to such premises or operations, but excluding property damage included in suboaragraoh '2) aelow, (2! ail property damage arising out of and occurring m the course of coeraV-ons 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 oremises owned by or rented to the named insared or structural alterations at such premises which do not involve changing the size ol or moving buildings or other structures; (3) all property damage included withm the products hazard and all property damage included within the completed operations hazard. Such aggregate limit shall apply separately to the property damage described in subparagraphs (1), (29 and (3) above, and under subparogTaphs ;i) and 12). separately with respect to each project away from premises owned by or rented to the named insared. Coverages A and B--For the purpose of determining the limit of the company's liability, all bodily injury and property damage arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one occurrence. IV. POLICY TERRITORY resulting from the sudden and accidental physical injury to or destruction of This insurance applies only to bodily Injury or property damage which occurs the named insured's products or work performed by or on behalf of the within the policy territory. 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. jjidocjement f|o, 3 Named Insured c^ . Countersigned by (Authorized Representative) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE COMPLETED OPERATIONS AND PRODUCTS LIABILITY INSURANCE CONTRACTUAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE OWNERS AND CONTRACTORS PROTECTIVE LIABILITY INSURANCE OWNERS, LANDLORDS AND TENANTS LIABILITY INSURANCE AMENDMENT--LIMITS OF LIABILITY (Single Umit) (Individual Coverage Aggregate Umit) SCHEDULE Coverage Bodily Injury Lability and Property Damage Liability Lmits of Liability $1,000' eaeh occurrence Jl .non,000 aggregate It is agreed that the provisions of the policy captioned "LIMITS OF LIABILITY" relating to Bodily Injury Liability and Property Damage La bility are amended to read as follows: LIMITS OF LIABILITY Regardless of the number of (1) insureds under this policy, (2) persons or organizations who sustain bodily injury or property damage, or (3) claims made or suits brought on account of bodily injury or property damage, the company's liability is limited as follows: Bodily Injury Liability and Property Damage Liability: (a) The limit of liability stated in the Schedule of this endorsement as applicable to "each occurrence" is the total limit of the com pany's liability for all damages including damages for care and loss of services because of bodily injury and property damage sustained by one or more persons or organizations as a result of any one occurrence, provided that with respect to any occurrence for which notice of this policy is given in lieu of security or when this policy is certified as proof of financial responsibility 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 sepa rate limits required by such law for Bodily Injury Lability and Property Damage Lability 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. (b) 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 which occurs during each annual period while this policy is in force commencing from its effective date and which is described in any of the numbered subparagraphs below shall not exceed the limit of liability stated in the Schedule of this endorsement as "aggregate": (1) all property damage arising out of premises or operations rated on a remuneration basis or Contractor's equipment rat ed 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 in subparagraph (2) below; (2) all property damage arising out of and occurring in the course of operations performed for the named insured by independ ent contractors and general supervision thereof by the named insured, including any such property damage for which liabili ty is assumed under any incidental contract relating to such operations, but this subparagraph (2) does not include prop erty damage arising out of maintenance or repairs at premises owned by or rented to the named insured or structural altera tions at such premises which do not involve changing the size of or moving buildings or other structures; (3) if Products--Completed Operations insurance is afforded, all bodily injury and property damage included within the comp leted operations hazard and all bodily injury and property damage included within the products hazard; (4) if Contractual Lability Insurance is afforded, all property damage for which liability is assumed under any contract to which the Contractual Lability Insurance applies. Such aggregate limit shall apply separately: (i) to the property damage described in subparagraphs (1) and (2) and separately with respect to each project away from premises owned by or rented to the named insured; (ii) to the sum of the damages for all bodily injury and property damages described in subparagraph (3); and (iii) to the property damage described in subparagraph (4) and separately with respect to each project away from premises owned by or rented to the named insured. (c) For the purpose of determining the limit of the company's liability, all bodily injury and property damage arising out of continuous or repeated exposure to substantially the same general condition shall be considered as arising out of one occurrence. GL 99 17 03 81 Chicago Fire Brick Annual Reports and Insurance 000138 GL 04 04 (Ed. 5-81) 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. Endorsement No. 4 Named Insured Countersigned by (Authorized 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 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: 41,000 each person unless otherwise indicated herein: Seach person. Limit of Liability-Fire Legal Liability Coverage: J50.000 per occurrence unless otherwise indicated herein: Sper occurrence. Premium Basis T nr InH art % of the Total Comorehensive General Liability Bodily Injury and Property Damage Premium as Otherwise Determined. minimum premium j Included Advance Premium t Included 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. (6) The insurance afforded with respect to liability assumed under an incidental contract is subiect 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 injury 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 for which the insured may be held liable in an action on a contract by a third party beneficiary for bodily injury or property damage arising out of a project 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). (D) 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 1 rtf 1 Chicago Fire Brick Annual Reports and Insurance 0001 TO BROAD FORM COMPREHENSIVE GENERAL LIABILITY ENDORSEMENT--(Continued) GL 04 04 (Ed. 5-81) II. 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 espedient but the company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the compa ny's liability has been eihausted by payment of ludgments 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 in violation of an individual's right of privacy, if the first injurious 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 joint venture of which the insured is a partner or member and which 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 unauthorised 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 of (1) insureds hereunder, (2) persons or organizations who sustain injury or damage, or (3) claims made or suits brought on account of personal injury or advertising injury, the total limit of the company's liability under this coverage for all damages shall not exceed the limit of liability stated in this en dorsement as "aggregate". (D) Additional Definitions "Advertising Injury" means injury arising out of an offense commit ted during the policy period occurring in the course of the named insured's advertising activities, if such injury arises out of libel, slander, defamation, violation of right of privacy, piracy, unfair competition, or infringement of copyright title or slogan. "Personal Injury" means injury 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 other 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 for 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 the 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 exclusion does not apply to watercraft while ashore on the insured premises; (4) arising out of and in the course ol 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 Pr- ' ` Chicago Fire Brick Annual Reports and Insurance 000140 BROAD FORM COMPREHENSIVE GENERAL LIABILITY ENDORSEMENT--(Continued) GL 04 04 (Ed. 5-81) (d) which causes or contributes to the intoxication of 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 exclusion (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 the 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 it 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 $1,000 each person unless otherwise stated m 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 exceed 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 tor 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 iniured 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 injured person shall submit to physical examination by physicians selected by the company when and as often as the company may reasonably require. The company may pay the iniured person or any person or organization render ing the services and the payment shaft 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. (V. 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 $50,000 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 fol 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 of elevators, to property held bv the insured for sale or entrusted to the insured for storage or safekeep ing; (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, (0 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 (n) 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 ol 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 Page 3 of 4 Chicago Fire Brick Annual Reports and Insurance 000141 BROAD FORM COMPREHENSIVE 6ENERAL LIABILITY ENDORSEMENT-(Continued) GL 04 Q4 (Ed. 5-81) . any deductible portion thereof) available to the injured, 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 Iniury. Incidental Medical Malpractice Iniury means injury arising out of the rendering of or failure to render, during the policy period, the following services: (A) medical, surgical, dental, x-ray or nursing service or treatment or the furnishing ol 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: (1) 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 of 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) iniury 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 COVERAGE (under 26 feet in length) Exclusion (e) does not apply lo 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 C0VERA6E The definition of 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 of any insured permanently domiciled in the United States ot 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 injury 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--If 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 insured 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 INJURY COVERAGE The definition of occurrence includes any intentional act by or at the direction of the insured which results in bodily injury, il such injury arises solely from the use ol 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 majority 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. j : ' i i GL 04 04 05 81 I Chicago Fire Brick Annual Reports and Insurance 000142 Endt. #5 1 GL 00 19 07 78 This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. (The Mowing information is required only when this endorsement is issued subsequent to preparation of policy.) endorsement Effective Policy No. Named Insured This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: GENERAL LIABILITY INSURANCE SMP LIABILITY INSURANCE BUSINESSOWNERS POLICY AMENDATORY ENDORSEMENT--ADDITIONAL DEFINITION It is agreed that the following definition is added: "loading or unloading", with respect to an automobile, means the handling of property after it is moved from the place where it is accepted for movement into or onto an automobile or while it is in or on an automobile or while it is being moved from an automobile to the place where it is finally delivered, but "loading or unloading" does not include the movement of property by means of a mechanical device (other than a hand truck) not attached to the automobile. GL 00 19 07 78 Chicago Fire Brick Annual Reports and Insurance 000143 "-\ Endt. #6 GL 02 00 (Ed. 01 76) This endorsement forms a port of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. (The foHowinf information is required only when this endorsement is issued subsequent te preparation of policy.) Endorsement effective Policy No. Endorsenfent No. Named Insured Countersigned by (Authorized Representative) GENERAL LIABILITY AMENDMENT OF TERMINATION PROVISIONS (Illinois) It is agreed that: A. The first paragraph oi the "Cancellation'' Condition is replaced by the following: This policy r ay 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 II 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 date 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 effective date of cancellation if the policy has been in force lor 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: RENEWAt. 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 espiration date; provided that notwithstanding the failure ol the com pany to comply with the foregoing provisions of this paragraph, this policy shall terminate 1. on such espiration date, if (a) the named insured has failed to discharge then due any ot his obligations in connection with the payment of premium or any installment ol 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. GL0200 (Ed. 0176) Chicago Fire Brick Annual Reports and Insurance 000144 m GL 20 11 (Ed. 07 66) 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 Endorsement No. 7 t* Named Insured Additional Premium 1 IflCl Uded Countersigned by ^^'twfhoriaed Representative) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE OWNERS, LANDLORDS AND TENANTS LIABILITY INSURANCE SMP LIABILITY INSURANCE STOREKEEPERS INSURANCE ADDITIONAL INSURED (Premises leased to the Named Insured) It is agreed that the "Persons Insured" provision is amended to include as an insured the person or organization designated below, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises designated below leased to the named insured, and subiect to the following additional exclusions: The insurance does not apply: 1. to any occurrence which takes place after the named insured ceases to be a tenant in said premises: 2. to structural alterations, new construction or demolition operations performed by or on behalf of the person or organization designated below SCHEDULE Designation of Premises (Part Leased to Named Insured) 1779 Marvo Drive Akron, Ohio 44306 Name of Person or Organization (Additional insured) Terminal Warehouse, Inc. Annual Premiums Bodily Property Injury Damage liability Liability Included in Composite Rate GL 20 11 07 66 Chicago Fire Brick Annual Reports and Insurance 000145 GL 20 11 (Ed. 07 66) This endorsement torms a pert 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. EndorsemenyNo. 8 Named Insured Additional Premium $ Included Countersigned by (Authorized Representative) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE OWNERS, LANDLORDS AND TENANTS LIABILITY INSURANCE SMP LIABILITY INSURANCE STOREKEEPERS INSURANCE ADDITIONAL INSURED (Premises leased to the Named Insured) It is agreed that the "Persons Insured'" provision is amended to include as an insured the person or organization designated below, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises designated below leased to the named insured, and subject to the following additional eidusions: The insurance does not apply: 1. to any occurrence which fakes place after the named insured ceases to be a tenant in said premises: 2. to structural alterations, new construction or demolition operations performed by or on behalf of the person or organization designated below. SCHEDULE Designation of Premises (Part Leased to Named Insured) Name of Person or Organization (Additional Insured) Annual Premiums Bodily Property Injury Damage Liability Liability 3029 North 114th Street Wauwatosa, Wisconsin 53222 D & S Distribution Service Included In Composite Rate GL 20 11 07 66 Chicago Fire Brick Annual Reports and Insurance 000146 <u ENDORSEMENT L. End. # CLAIM OFFICES 222 South River side Plaza Suite 2270 Chicago, Illinois 60606 Crown Center, Suite 670 2400 Pershing Road Kansas City, Missouri 64108 10139 Corporate Square St. Louis, Missouri 63132 26600 Telegraph Road Suite 201 Southfield, Michigan 48034 This endorsement is effective from January 1, 1984 , ot 12:01 A.M., standard time at the named insured's address, and subject to all the exclusions, conditions and other terms of the policy except as specifically amended herein, forms a port of policy # issued to Chicago Fire Brick Company, Etal. GL 1 215 012 PpH BITUMINOUS CASUALTY CORPORATION BITUMINOUS FIRE AND ("0 " designates thfi insuring company) CountersignedFebruayr 1, 1<B4 , at Chicago, Illinois by P34. 14-82) Authorized Representative Chicago Fire Brick Annual Reports and Insurance 000147 ENDORSEMENT LOCATION OF ALL PREMISES End.# 10 5,0 1) 1467 North Elston Avenue, Chicago, Illinois 60622 2) 7531 Ashland Avenue, Chicago, Illinois 60620 3) P. 0. Box 71 West Highway 19, Wellsville, Missouri 63384 4) 12171Coyle Avenue, Detroit, Michigan 48010 5) Terminal Warehouse, Inc., P. 0. Box 7006 1779 Marvo Drive, Akron, Ohio 44306 6) C & W Refractories LTD. 191 Victoria Avenue Hamilton, Ontario, Canada L8N3C8 7) D & D Distribution Service 3029 North 114th Street, Wauwatosa, Wisconsin 53222 8) Various Parcels of Land in Illinois and Missouri 9) Various Parcels of Land in Michigan and Indiana This endorsement is effective from January 1, 1984 , at 12:01 A.M., standard time at the named insured's address, and subject to all the exclusions, conditions and other terms of the policy except as specifically amended herein, forms a part of policy # GL 1 215 012 issued to Chicago Fire Brick Company, Etal. E BITUMINOUS CASUALTY CORPORATION BITUMINOUS FIRE AND MARINE INSURANCE COMPANY (" " designates the insuring company) Countersigned February 1, 19 84 , at Chicago, Illinois by thorized Representative Chicago Fire Brick Annual Reports and Insurance 000148 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) This endorsement modifies the provisions of this policy relating to ALL AUTOMOBILE LIABILITY. GENERAL LIABILITY ANO MEDICAL PAYMENTS INSURANCE OTHER THAN FAMILY AUTOMOBILE, SPECIAL PACKAGE AUTOMOBILE, COMPREHENSIVE PERSONAL AND FARMER S COMPREHENSIVE PERSONAL INSURANCE. It is agreed that: I. This policy does not apply-. A. Under any Liability Coverage, to badily injury or property damage 111 with respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association. Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an insured under any such policy but (or its termination upon exhaustion ot its limit of liability; or (2) resulting from the hazardeus properties of nuclear 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 amendatory thereof, or (b) the insured is. or had this policy not been issued would be. entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. _ B Under any Medical Payments Coverage, or under any Supplementary Pay ments provision relating to first aid, to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any Liability Coverage, to bodily injury or property damage resulting from the hazardous properties of nuclear material, it ID 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 dispersed therefrom; 12) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an insured; or (3) the bodily injury or property damage arises out of the furnishing by 3n 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 exctusion (3) applies only to property damage to such nuclear facility and any property thereat. If. As used in this endorsement: "hazardaus properties" me ide radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or by product material; "source material", "special nuclear material", and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or m any law amendatory thereof: "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (1) containing byproduct material ana (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 lb) 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 spent fuel, or ,3) handling, processing or packaging waste, lc) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such ma terial in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, ld) 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 all premises used for such operations; "nuclear reactor" means any apparatus designed or used to sustain nuciear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. "property damage" includes all forms of radioactive contamination of property NEW YORK EXCEPTION; The "Nuclear Energy Liability Exclusion Endorsement (Broad Form)" does not apply to Automobile liability Insurance in New York. Chicago Fire Brick Annual Reports and Insurance 000149 serl ,'art B here that top edge hutts against al fold Attach Coverage Partfs) and Endorsement(s) (If Any) Here named insured, to the person having proper temporary custody thereof, as iusured, but only until the appointment and qualification of the legal representative. 10. Three Tear Policy: If this policy is issued for a period of three years any limit of the company s liability stated in this policy as "aggregate" snail apply separately to each consecutive annual period thereof. 11. Cncellatio*: This policy may be cancelled by the named insured by sur render thereof to the company or any of its authorized agents or by mailing to the company written notice staling when thereafter the cancellation shall 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 cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of surrender or the ef fective 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 named insur or by the company shall be equivalent to mailing. If the named insured cancels, earned premium shall be computed in accordan with the customary short rate table and procedure. If the company cance earned premium shall be computed pro rata. Premium adjustment may be ma either at the time cancellation is effected or as soon as practicable after canc lation becomes effective, but payment or tender of unearned premium is not condition of cancellation. 12. Oecfaratiins: By acceptance of this policy, the named insured agrees ti the statements in the declarations are his agreements and representations. It this policy is issued in reliance upon the truth of such representations and ti this policy embodies all agreements existing between himself and the compa or any of its agents relating to this insurance. TEXAS: Dividend Provision--Participating Companies: The named insured shall be entitled to participate in a distribution of the surplus of the Company, as del mined by its Board of Directors from time to time, after approval in accordance with the provisions of the Texas Insurance Code, of 1951, as amended. In Witness Whereof, the company has caused this policy to be executed and attested, but this policy shall not be valid unless countersigned by a authorized representative of the company. Secretary. Preside Chicago Fire CriCK Annual Reports and Insurance 0001 aO