Sample Umbrella Policy PDF

The Continental Insurance Company Admitted 151 N. Franklin St Chicago, IL 60606 INSURANCE POLICY Coverage afforded by this policy is provided by the Company (Insurer) name...

The Continental Insurance Company Admitted 151 N. Franklin St Chicago, IL 60606 INSURANCE POLICY Coverage afforded by this policy is provided by the Company (Insurer) named in the Declarations. PRODUCER AGENT OF RECORD PDP Group, Inc. Amynta Dealer Solutions 10909 McCormick Rd 10801 Mastin Blvd., Suite 1070 Hunt Valley, MD 21031 Overland Park, KS 66210  The Continental Insurance Company NOTICE TO POLICYHOLDERS CLAIM REPORTING Please immediately report a new claim under this policy to: Email: [email protected] Phone: (888) 501-9301 Fax: (800) 245-9927 For general claims inquiries after a claim has been reported, please email: [email protected] In order for us to expedite the handling of your claim and quickly refer it to the appropriate party, please have the following information available: Claim number (or report as new) Your name, contact information, and position with the Named Insured Date of loss Policy number and insured name Details of loss Our additional contact information are as follows: Broadspire A Crawford Company Toll Free Phone Number: 1-866-830-2383 [email protected] The Continental Insurance Company understands the importance of having knowledgeable claims professionals prepared to answer your questions with personal attention and expertise. That is why The Continental Insurance Company has partnered with a third-party company for claim reporting. Broadspire provides customized, integrated claims solutions to clients across the globe. With offices and claims adjusters located across the nation, you are sure to find the claims assistance you need – when you need it. PLEASE REFER TO THE POLICY FOR ANY NOTICE AND REPORTING PROVISIONS AND DUTIES IN THE EVENT OF LOSS OR DAMAGE TO COVERED PROPERTY. FORMS APPLICABLE TO ALL COVERAGE PARTS (SHOW NUMBERS): Page 2 of 2 © ISO Properties, Inc., 2007 IL DS 00 09 08  IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find; 1. The first Named Insured shown in the and Declarations may cancel this policy by mailing c. Recommend changes. or delivering to us advance written notice of 2. We are not obligated to make any inspections, cancellation. surveys, reports or recommendations and any 2. We may cancel this policy by mailing or such actions we do undertake relate only to delivering to the first Named Insured written insurability and the premiums to be charged. notice of cancellation at least: We do not make safety inspections. We do not a. 10 days before the effective date of undertake to perform the duty of any person or cancellation if we cancel for nonpayment of organization to provide for the health or safety premium; or of workers or the public. And we do not warrant that conditions: b. 30 days before the effective date of cancellation if we cancel for any other a. Are safe or healthful; or reason. b. Comply with laws, regulations, codes or 3. We will mail or deliver our notice to the first standards. Named Insured's last mailing address known to 3. Paragraphs 1. and 2. of this condition apply not us. only to us, but also to any rating, advisory, rate 4. Notice of cancellation will state the effective service or similar organization which makes date of cancellation. The policy period will end insurance inspections, surveys, reports or on that date. recommendations. 5. If this policy is cancelled, we will send the first 4. Paragraph 2. of this condition does not apply to Named Insured any premium refund due. If we any inspections, surveys, reports or cancel, the refund will be pro rata. If the first recommendations we may make relative to Named Insured cancels, the refund may be certification, under state or municipal statutes, less than pro rata. The cancellation will be ordinances or regulations, of boilers, pressure effective even if we have not made or offered a vessels or elevators. refund. E. Premiums 6. If notice is mailed, proof of mailing will be The first Named Insured shown in the sufficient proof of notice. Declarations: B. Changes 1. Is responsible for the payment of all premiums; This policy contains all the agreements between and you and us concerning the insurance afforded. 2. Will be the payee for any return premiums we The first Named Insured shown in the Declarations pay. is authorized to make changes in the terms of this F. Transfer Of Your Rights And Duties Under This policy with our consent. This policy's terms can be Policy amended or waived only by endorsement issued by us and made a part of this policy. Your rights and duties under this policy may not be transferred without our written consent except in C. Examination Of Your Books And Records the case of death of an individual named insured. We may examine and audit your books and If you die, your rights and duties will be transferred records as they relate to this policy at any time to your legal representative but only while acting during the policy period and up to three years within the scope of duties as your legal afterward. representative. Until your legal representative is D. Inspections And Surveys appointed, anyone having proper temporary 1. We have the right to: custody of your property will have your rights and duties but only with respect to that property. a. Make inspections and surveys at any time; IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1  Umbrella ENDORSEMENT CANCELLATION AND NON-RENEWAL ENDORSEMENT – KANSAS Wherever used in this endorsement: 1) Insurer means “we”, “us”, “our” or the “Company” as those terms may be defined in the policy; and 2) Named Insured means the first person or entity named on the declarations page; and 3) “Insured(s)” means all persons or entities afforded coverage under the policy. Any cancellation, non-renewal or termination provision(s) in the policy are deleted in their entirety and replaced with the following: CANCELLATION AND NON-RENEWAL I. CANCELLATION A. The Named Insured may cancel the policy at any time. To do so, the Named Insured must return the policy to the Insurer or any of its authorized representatives, indicating the effective date of cancellation; or provide a written notice to the Insurer, stating when the cancellation is to be effective. B. If the policy has been in effect for less than ninety (90) days the Insurer may cancel the policy for any reason by mailing or delivering written notice to the Named Insured, at the last mailing address known to the Insurer, at least: 1. ten (10) days prior to the effective date of cancellation, if the Insurer cancels for nonpayment of premium; or 2. sixty (60) days prior to the effective date of cancellation, if the Insurer cancels for any other reason. C. After the policy has been in effect for ninety (90) days or more, it may be canceled only for one of the following reasons: 1. nonpayment of premium; 2. the policy was issued because of a material misrepresentation; 3. the Named Insured or Insured(s) violated any of the material terms and conditions of the policy; 4. unfavorable underwriting factors, specific to the Named Insured or Insured(s), exist that were not present at the inception of the policy; 5. a determination by the commissioner that continuation of coverage could place the Insurer in a hazardous financial condition or in violation of the laws of this state; or 6. a determination by the commissioner that the Insurer no longer has adequate reinsurance to meet the Insurer's needs. The Insurer will mail or deliver written notice to the Named Insured, at the last mailing address known to the Insurer, at least: a. ten (10) days prior to the effective date of cancellation, if the Insurer cancels for nonpayment of premium; or b. sixty (60) days prior to the effective date of cancellation, if the Insurer cancels for any other permissible reason. D. The notice will state the actual reason for the cancellation. E. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. F. If notice is mailed, proof of mailing will be sufficient proof of notice. Form No: CNA62814KS (09-2012) Policy No: AYU737204354 Endorsement Effective Date: 3/1/2023 Policy Effective Date: 3/1/2023 Endorsement No: ; Page 1 of 2 Policy Page: x of y Underwriting Company: The Continental Insurance Company, 151 N. Franklin St Chicago, IL 60606 © Copyright CNA All Rights Reserved.  Umbrella ENDORSEMENT II. PREMIUM REFUND If this policy is cancelled, the Insurer will send the Named Insured any premium refund due. If the Insurer cancels the refund will be pro rata. If the Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if the Insurer has not made or offered a refund. III. NON-RENEWAL A. The Insurer can non-renew the policy by mailing or delivering written notice to the Named Insured, at the last mailing address known to the Insurer, at least sixty (60) days before the expiration date. B. The notice of non-renewal will state the actual reason for non-renewal. C. If notice is mailed, proof of mailing will be sufficient proof of notice. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA62814KS (09-2012) Policy No: AYU737204354 Endorsement Effective Date: 3/1/2023 Policy Effective Date: 3/1/2023 Endorsement No: ; Page 2 of 2 Policy Page: x of y Underwriting Company: The Continental Insurance Company, 151 N. Franklin St Chicago, IL 60606 © Copyright CNA All Rights Reserved.  Umbrella ENDORSEMENT STATE AMENDATORY ENDORSEMENT – KANSAS This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that the section entitled CONCEALMENT, MISREPRESENTATION and FRAUD is deleted and replaced by the following: D. Concealment, Misrepresentation and Fraud No concealment, misrepresentation or fraud shall avoid or defeat recovery under this Policy unless such concealment, misrepresentation or fraud was material. An act committed by an Insured who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer, broker or any agent thereof, any written statement as part of, or in support of, an application for the issuance of, or the rating of an insurance policy for commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial insurance which such person knows to contain materially false information concerning any material fact. Concealment, misrepresentation or fraud in the procurement of this Policy which if known by the Insurer would have led to refusal by the Insurer to make this contract or provide coverage, or to make this contract or provide coverage on different terms or conditions, will be deemed material. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA76602KS (03-2015) Policy No: AYU737204354 Endorsement Effective Date: 3/1/2023 Policy Effective Date: 3/1/2023 Endorsement No: ; Page 1 of 1 Policy Page: x of y Underwriting Company: The Continental Insurance Company, 151 N. Franklin St , Chicago, IL 60606 © Copyright CNA All Rights Reserved.  Umbrella POLICYHOLDER NOTICE POLICYHOLDER NOTICE – COUNTRYWIDE POLICY LIMITATION DISCLOSURE NOTICE EXCLUSION – LEAD This Disclosure Notice is not your policy. READ YOUR POLICY CAREFULLY to determine rights, duties, and what is and is not covered. Only the provisions of your policy determine the extent of your insurance protection. This policy contains an exclusion of coverage for claims arising out of lead. With this endorsement, coverage is excluded for: I. any actual or alleged liability arising out of the exposure to or presence of lead; or II. any loss, cost or expense arising out of any: A. request, demand, order or statutory or regulatory requirement that any Insured or others test for, monitor, clean up, remove, abate, contain, treat, detoxify or neutralize, or in any way respond to or assess the effects of, lead; or B. claim relating to testing for, monitoring, cleaning up, removing, abating, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of, lead. Please read this exclusion carefully. Form No: CNA76627XX (03-2015) Policy No: AYU737204354 POLICYHOLDER NOTICE Policy Effective Date: 3/1/2023 Underwriting Company: The Continental Insurance Company, 151 N. Franklin St , © Copyright CNA All Rights Reserved.  Umbrella POLICYHOLDER NOTICE POLICYHOLDER NOTICE – OFAC REQUIREMENTS POLICYHOLDER NOTICE CNA Commercial Insurance CNA Plaza Chicago, IL 60606 Regarding Your: CNA Commercial Insurance Coverage Dear CNA Policyholder: Ethics and proper business conduct has been the cornerstone of CNA since 1897. While much has changed during the last century, our commitment to these core values has not wavered. We strongly believe that proper business conduct is more than the practice of avoiding wrong; it is also a matter of choosing to do right. Nowhere is this more essential than helping in the fight against terrorism. As such, we are committed to complying with U.S. Department of Treasury Office of Foreign Asset Control (OFAC) requirements. Through a variety of laws, OFAC administers and enforces economic sanctions against countries and groups of individuals, such as terrorists and narcotics traffickers. These laws prohibit all United States citizens (including corporations and other entities) and permanent residents from engaging in transactions with sanctioned countries and with individuals and entities on the Specially Designated Nationals (SDN) list. Because all U.S. citizens and companies are subject to this law, we wanted to be sure you were aware of its scope and restrictions. If you haven't already done so, you may want to consider discussing this issue with your legal counsel to ensure you are in compliance. For insurance companies, accepting premium from, issuing a policy to, insuring property of, or making a claim payment to an individual or entity that is the subject of U.S.-imposed economic sanctions or trade embargoes usually are violations of these laws and regulations. Fines for violating OFAC requirements can be substantial. CNA has established an OFAC compliance program part which includes the use of exclusionary policy language. We believe this makes good business sense for CNA and you. The purpose of this letter is to advise you that your renewal policy includes OFAC exclusionary policy language, which may reduce or eliminate certain coverage. Specifically, if it is determined that your policy violates certain Federal or State laws or regulations, such as the U.S. list of Specially Designated Nationals or Blocked Persons (organizations or individuals associated with terrorist groups) any term or condition of your policy will be null and void to the extent it violates the applicable laws or regulations of the United States. We're sure you share our commitment to compliance and thank you for your cooperation. Form No: CNA76614XX (03-2015) Policy No: AYU737204354 POLICYHOLDER NOTICE Policy Effective Date: 3/1/2023 Underwriting Company: The Continental Insurance Company, «clad1» «clad2» «clcity», «cls» «clzip» © Copyright CNA All Rights Reserved.  Umbrella POLICYHOLDER NOTICE NOTICE – OFFER OF TERRORISM COVERAGE; CONFIRMATION OF REJECTION OF COVERAGE; DISCLOSURE OF PREMIUM IMPORTANT INFORMATION NOTICE – OFFER OF TERRORISM COVERAGE; CONFIRMATION OF REJECTION OF COVERAGE; DISCLOSURE OF PREMIUM THIS NOTICE DOES NOT FORM A PART OF THE POLICY, GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. The Named Insured is hereby notified that under the Terrorism Risk Insurance Act, as extended and reauthorized ("Act"), the Named Insured has a right to purchase insurance coverage of losses arising out of acts of terrorism, as defined in Section 102(1) of the Act, subject to all applicable policy provisions. The Terrorism Risk Insurance Act established a federal program within the Department of the Treasury, under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. This Notice is designed to alert the Named Insured to coverage restrictions and to certain terrorism provisions in the policy. If there is any conflict between this Notice and the policy (including its endorsements), the provisions of the policy (including its endorsements) apply. CHANGE IN THE DEFINITION OF A CERTIFIED ACT OF TERRORISM The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an act of terrorism. Originally, the Act provided that to be certified, an act of terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. However, the 2007 re-authorization of the Act removed the requirement that the act of terrorism must be committed by or on behalf of a foreign interest, and now certified acts of terrorism may encompass, for example, a terrorist act committed against the United States government by a United States citizen, when the act is determined by the federal government to be "a certified act of terrorism." In accordance with the Act, the Insurer is required to offer the Named Insured the ability to purchase coverage for losses resulting from an act of terrorism that is certified under the federal program. The other provisions of this policy, including nuclear, war or military action exclusions, will still apply to such an act. DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The Department of the Treasury will pay a share of terrorism losses insured under the federal program. In 2015, the federal share equals 85% of that portion of the amount of such insured losses that exceeds the applicable insurer retention, and shall decrease by 1 percentage point per calendar year until equal to 80%. LIMITATION ON PAYMENT OF TERRORISM LOSSES If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a Calendar Year (January 1 through December 31), the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion. Further, this coverage is subject to a limit on the Insurer’s liability pursuant to the federal law where, if aggregate insured losses attributable to terrorist acts certified under the Act exceed $100 billion in a Calendar Year (January 1 through December 31) and the Insurer has met its insurer deductible under the Act, the Insurer shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion. In such case, insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. CONFIRMATION OF REJECTION OF COVERAGE Form No: CNA75533XX (01-2021) Policy No: AYU737204354 POLICYHOLDER NOTICE Policy Effective Date: 3/1/2023 Underwriting Company: The Continental Insurance Company, 151 N. Franklin St , © Copyright CNA All Rights Reserved.  Umbrella POLICYHOLDER NOTICE In accordance with the Act, the Insurer offered the Named Insured the ability to purchase coverage for losses resulting from an act of terrorism that is certified under the federal program. This Notice confirms that the Named Insured has chosen to reject the Insurer’s offer of coverage for certified acts of terrorism to the extent possible. Consequently, if permitted by state law, a terrorism exclusion endorsement is attached to the policy. Certain states may not allow coverage for certified acts of terrorism to be rejected. If state law prohibits the Named Insured from rejecting certain coverage for certified acts of terrorism, the premium for such coverage is shown separately on the Declarations. Solely with respect to Property and Inland Marine coverages, by statute, for risks/locations in the states of: (i) CA, GA, HI, IA, IL, MA, ME, MO, NC, NJ, NY, OR, RI, WA, WI, and WV for Property, and (ii) CA; ME; MO; OR; and WI for Inland Marine, coverage is required to be provided for fire damage that results or follows from any cause of loss, even those that are otherwise excluded. As a result, if this policy provides Property or Inland Marine coverage and excludes terrorism, the Insurer nevertheless is statutorily required, with respect to such coverages, to insure against fire damage that might result from otherwise excluded acts of terrorism in the referenced states. Form No: CNA75533XX (01-2021) Policy No: AYU737204354 POLICYHOLDER NOTICE Policy Effective Date: 3/1/2023 Underwriting Company: The Continental Insurance Company, 151 N. Franklin St , © Copyright CNA All Rights Reserved.  Umbrella POLICYHOLDER NOTICE NOTICE – OFFER OF TERRORISM COVERAGE; DISCLOSURE OF PREMIUM IMPORTANT INFORMATION NOTICE – OFFER OF TERRORISM COVERAGE; DISCLOSURE OF PREMIUM THIS NOTICE DOES NOT FORM A PART OF THE POLICY, GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. The Named Insured is hereby notified that under the Terrorism Risk Insurance Act, as extended and reauthorized ("Act"), the Named Insured has a right to purchase insurance coverage of losses arising out of acts of terrorism, as defined in Section 102(1) of the Act, subject to all applicable policy provisions. The Terrorism Risk Insurance Act established a federal program within the Department of the Treasury, under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. This Notice is designed to alert the Named Insured to coverage restrictions and to certain terrorism provisions in the policy. If there is any conflict between this Notice and the policy (including its endorsements), the provisions of the policy (including its endorsements) apply. CHANGE IN THE DEFINITION OF A CERTIFIED ACT OF TERRORISM The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an act of terrorism. Originally, the Act provided that to be certified, an act of terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. However, the 2007 re-authorization of the Act removed the requirement that the act of terrorism must be committed by or on behalf of a foreign interest, and now certified acts of terrorism may encompass, for example, a terrorist act committed against the United States government by a United States citizen, when the act is determined by the federal government to be "a certified act of terrorism." In accordance with the Act, the Insurer is required to offer the Named Insured the ability to purchase coverage for losses resulting from an act of terrorism that is certified under the federal program. The other provisions of this policy, including nuclear, war or military action exclusions, will still apply to such an act. DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The Department of the Treasury will pay a share of terrorism losses insured under the federal program. In 2015, the federal share equals 85% of that portion of the amount of such insured losses that exceeds the applicable insurer retention, and shall decrease by 1 percentage point per calendar year until equal to 80%. LIMITATION ON PAYMENT OF TERRORISM LOSSES If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a Calendar Year (January 1 through December 31), the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion. Further, this coverage is subject to a limit on the Insurer’s liability pursuant to the federal law where, if aggregate insured losses attributable to terrorist acts certified under the Act exceed $100 billion in a Calendar Year (January 1 through December 31) and the Insurer has met its insurer deductible under the Act, the Insurer shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion. In such case, insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. CONFIRMATION OF ACCEPTANCE OF COVERAGE Form No: CNA75532XX (01-2021) Policy No: AYU737204354 POLICYHOLDER NOTICE Policy Effective Date: 3/1/2023 Underwriting Company: The Continental Insurance Company, 151 N. Franklin St , © Copyright CNA All Rights Reserved.  Umbrella POLICYHOLDER NOTICE In accordance with the Act, the Insurer offered the Named Insured coverage for losses resulting from an act of terrorism that is certified under the federal program. This notice confirms that the Named Insured has chosen to accept the Insurer’s offer of coverage for certified acts of terrorism. The policy's other provisions, including nuclear, war or military action exclusions, will still apply to such an act. The premium charge for terrorism coverage is shown separately on the Declarations. Form No: CNA75532XX (01-2021) Policy No: AYU737204354 POLICYHOLDER NOTICE Policy Effective Date: 3/1/2023 Underwriting Company: The Continental Insurance Company, 151 N. Franklin St , © Copyright CNA All Rights Reserved.  Umbrella POLICY PARAMOUNT UMBRELLA LIABILITY POLICY Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights, duties and what is and is not covered. The “Insurer” refers to the insurer providing this insurance as set forth on the Declarations of this Policy. Words and phrases that appear in bold have special meaning. Refer to the section entitled DEFINITIONS. I. COVERAGES A. Coverage A – Umbrella Liability The Insurer will pay on behalf of the Insured those damages in excess of the retained amount that an Insured becomes legally obligated to pay because of: 1. bodily injury, property damage or personal and advertising injury; 2. liability for bodily injury or property damage assumed under an insured contract, provided the bodily injury or property damage occurs subsequent to the execution of such insured contract; or 3. a negligent act, error or omission committed in the administration of the Named Insured’s employee benefit program but only if and to the extent that such liability is covered by underlying insurance: and provided that: a. the bodily injury or property damage occurs during the policy period; b. the bodily injury or property damage is caused by an occurrence that takes place in the coverage territory; c. the personal and advertising injury is caused by an offense arising out of the Named Insured’s business; d. the offense giving rise to personal and advertising injury was first committed during the policy period and in the coverage territory; and e. with respect to claims covered pursuant to paragraph 3. above: i. if the applicable underlying insurance is on an occurrence basis, the negligent act, error or omission committed in the administration of the Named Insured’s employee benefit program occurs during the policy period; or ii. if the applicable underlying insurance is on a claims made basis: (a) the negligent act, error or omission committed in the administration of the Named Insured’s employee benefit program occurs on or after any retroactive date under the underlying insurance and prior to the end of the policy period; and (b) the claim or suit for such negligent act, error or omission is first brought during the policy period. Provided, however, that this insurance applies only if prior to the effective date of the policy period, no authorized insured: (1) knew that such bodily injury or property damage had occurred, in whole or in part. If any authorized insured knew, prior to the policy period, that any such bodily injury or property damage had occurred, then any continuation, change or resumption of such bodily injury or Form No: CNA75500XX (03-2015) Policy No: AYU737204354 POLICY Policy Effective Date: 3/1/2023 Underwriting Company: The Continental Insurance Company, 151 N. Franklin St , © Copyright CNA All Rights Reserved.  Umbrella POLICY property damage during or after the policy period will be deemed to have been known prior to the policy period; or (2) knew that any offense giving rise to personal and advertising injury had occurred, in whole or in part. Bodily injury or property damage which occurs during the policy period and was not, prior to the policy period, known to have occurred by any authorized insured, includes any continuation, change or resumption of that bodily injury or property damage after the end of the policy period. An authorized insured will be deemed to know: 1. that such bodily injury or property damage occurred, at the earliest time when such authorized insured: a. reports the bodily injury or property damage to the Insurer or any other insurer; b. receives a claim arising out of the bodily injury or property damage; or c. becomes aware by any other means that the bodily injury or property damage has occurred or has begun to occur; 2. that such offense giving rise to personal and advertising injury occurred, on the date of the first utterance or dissemination or, if there is no utterance or dissemination on the first date of the activity giving rise to a claim. If prevented by law from paying the above described damages on behalf of the Insured, then the Insurer will, where permitted by law, indemnify the Insured for those damages. B. Coverage B – Crisis Management Expenses The Insurer will reimburse the Named Insured for crisis management expenses incurred by the Named Insured as a direct result of its response to a crisis management event that first occurs during the policy period, provided: 1. such crisis management event is reported to the Insurer as soon as reasonably practicable following the crisis management event, or within 72 hours after such crisis management event begins if such crisis management event is likely to give rise to bodily injury or property damage; 2. such crisis management expenses are incurred within 180 days after the crisis management event and reported to the Insurer as soon as reasonably practicable; and, 3. such crisis management expenses are approved in advance by the Insurer. The period of time for which the Insurer will pay crisis management expenses will not be limited by the expiration of the policy period. C. Coverage C – Key Employee The Insurer will reimburse the Named Insured for key employee replacement expenses due to the Named Insured’s permanent loss of the services of a key employee provided that: 1. the Named Insured would not have incurred such key employee replacement expenses if the Named Insured had not lost the services of the key employee; 2. such key employee replacement expenses are incurred by the Named Insured within 180 days of the covered accident and reported to the Insurer as soon as reasonably practicable; Form No: CNA75500XX (03-2015) Policy No: AYU737204354 POLICY Policy Effective Date: 3/1/2023 Underwriting Company: The Continental Insurance Company, 151 N. Franklin St , © Copyright CNA All Rights Reserved.  Umbrella POLICY 3. such loss of service is caused by a covered accident; 4. the covered accident occurs during the policy period; and 5. a replacement for such key employee is hired within 180 days after the covered accident. The period of time for which the Insurer will pay key employee replacement expenses will not be limited by the expiration of the policy period. II. DEFENSE COSTS PAYMENT AND RELATED DUTIES A. The Insurer has the: 1. right and duty to defend any suit against the Insured; and 2. right to investigate and settle any claim upon receipt by the Insurer of a claim to which Coverage A – Umbrella Liability applies. When the Insurer has the duty to defend any suit and the right to investigate any claim but is prevented by law from doing so, the Insured will undertake such defense and investigation, and the Insurer will reimburse the Insured for the defense costs. The Insurer’s obligation to defend any suit, or investigate any claim does not apply if any other insurer has a duty to defend. Further, any obligation to defend ceases upon exhaustion of the limits of insurance of this Policy. B. The Insurer may, at the Insurer’s sole discretion and at the Insurer’s own cost, elect to participate in the investigation, settlement or defense of any claim against any of the Insureds for matters covered by this Policy even if the applicable underlying limit has not been exhausted. C. The Insurer will pay defense costs with respect to a claim it investigates or settles, or a suit against the Insured it defends. Defense costs paid by the Insurer are in excess of and do not erode the limits of insurance or the self-insured retention as set forth in the Declarations of this Policy. Provided, however, if expenses incurred to investigate any claim or defend any suit reduce the applicable limits of the underlying insurance, then defense costs will reduce the applicable limits of insurance of this Policy. D. Where the Insurer investigates a claim or defends a suit, the Insurer will do so even if the allegations of a claim are groundless, false, or fraudulent, but only until the Insurer: 1. makes payment; or 2. offers to pay; or 3. deposits in court, that part of a judgment not exceeding the Insurer’s limits of insurance. E. No Insured shall admit liability, consent to any judgment, agree to any settlement or make any settlement offer which is reasonably likely to involve this Policy without the Insurer’s prior written consent, such consent not to be unreasonably withheld. The Insureds agree that they shall not knowingly take any action that increases the Insurer’s exposure for damages or defense costs under this Policy. III. EXCLUSIONS A. Coverage A - Umbrella Liability Exclusions Form No: CNA75500XX (03-2015) Policy No: AYU737204354 POLICY Policy Effective Date: 3/1/2023 Underwriting Company: The Continental Insurance Company, 151 N. Franklin St , © Copyright CNA All Rights Reserved.  Umbrella POLICY With respect to Coverage A- Umbrella Liability, this insurance does not apply to: 1. Access to or Disclosure of Confidential or Personal Information and Data-Related Liability any actual or alleged damages arising out of: a. any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or b. the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in paragraph a. or b. above. However, unless paragraph a. above applies, this exclusion does not apply to liability for bodily injury to the extent such liability is covered by underlying insurance. 2. Aircraft or Watercraft any actual or alleged bodily injury, property damage, or personal and advertising injury arising out of the ownership, maintenance, operation, use, loading or unloading or entrustment to others of any: a. aircraft owned by any Insured or rented, loaned or chartered by or on behalf of any Insured without crew; or b. watercraft. This exclusion applies even if such claim against an Insured alleges negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured. This exclusion does not apply to: i. watercraft while ashore on premises the Named Insured owns or rents; ii. watercraft the Named Insured does not own that is: (a) less than 55 feet long; and (b) not being used to carry persons or property for a charge; or iii. liability assumed under any insured contract for the ownership, maintenance or use of watercraft. 3. Asbestos a. any actual or alleged bodily injury, property damage, or personal and advertising injury arising out of any actual, alleged or threatened exposure at any time to asbestos; or b. any actual or alleged loss, cost or expense that may be awarded or incurred: i. by reason of a claim for any such injury or damage; or ii. in complying with a governmental direction or request to test for, monitor, clean up, remove, contain or dispose of asbestos. 4. Auto or Mobile Equipment Form No: CNA75500XX (03-2015) Policy No: AYU737204354 POLICY Policy Effective Date: 3/1/2023 Underwriting Company: The Continental Insurance Company, 151 N. Franklin St , © Copyright CNA All Rights Reserved.  Umbrella POLICY any actual or alleged bodily injury, property damage, or personal and advertising injury arising out of the ownership, maintenance, operation, use, loading or unloading or entrustment to others of any auto or mobile equipment. This exclusion applies even if such claim against an Insured alleges negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured. However, this exclusion does not apply to the extent such liability is covered by underlying insurance. 5. Contractual Liability any actual or alleged bodily injury, property damage or personal and advertising injury for which an Insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than an insured contract. This exclusion does not apply to liability that the Insured would have in the absence of such contract or agreement. 6. Damage to Impaired Property or Property not Physically Injured any actual or alleged property damage to impaired property or property that has not been physically injured, arising out of: a. a defect, deficiency, inadequacy or dangerous condition in your product or your work; or b. a delay or failure by the Named Insured or anyone acting on the Named Insured’s behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. 7. Damage to Property any actual or alleged property damage to: a. property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by the Named Insured, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another’s property; b. premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; c. property loaned to the Named Insured; d. personal property in the care, custody or control of an Insured; e. that particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on its behalf are performing operations, if the property damage arises out of those operations; or f. that particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraph b. of this exclusion does not apply if the premises are your work and were never occupied, rented or held for rental by the Named Insured. Paragraphs c., d., e. and f. of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph f. of this exclusion does not apply to property damage included in the products-completed operations hazard. 8. Damage to Your product Form No: CNA75500XX (03-2015) Policy No: AYU737204354 POLICY Policy Effective Date: 3/1/2023 Underwriting Company: The Continental Insurance Company, 151 N. Franklin St , © Copyright CNA All Rights Reserved.  Umbrella POLICY any actual or alleged property damage to your product arising out of it or any part of it. 9. Damage to Your work any actual or alleged property damage to your work arising out of it or any part of it and included in the products-completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on the Named Insured’s behalf by a subcontractor. 10. Distribution or Recording of Material or Information in Violation of Laws any actual or alleged bodily injury, property damage or personal and advertising injury arising directly or indirectly out of any actual or alleged: a. violation of: i. the Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; ii. the CAN-SPAM Act of 2003, including any amendment of or addition to such law; iii. the Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or iv. any statute, ordinance, regulation or law other than the TCPA, CAN-SPAM Act of 2003, or FCRA, including FACTA, and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information; or b. conversion or consumption of another’s tangible property or electronic assets. For the purpose of this provision, electronic assets include but are not limited to minute allowances, text message allowances, and other electronic consumables. 11. Employment Related Practices any actual or alleged bodily injury or personal and advertising injury to: a. a person arising out of any actual or alleged: i. refusal to employ that person; ii. termination of that person’s employment; iii. employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person; or b. the spouse, child, parent, brother or sister of that person as a consequence of such bodily injury or personal and advertising injury to that person at whom any of the employment-related practices described in paragraphs a. i., ii., or iii. above is directed. This exclusion applies: (a) whether the injury-causing event described in paragraphs a.i., ii., or iii. above occurs before employment, during employment or after employment of that person; (b) whether the Insured may be liable as an employer or in any other capacity; and (c) to any obligation to share damages with or repay someone else who must pay damages because of the injury. Form No: CNA75500XX (03-2015) Policy No: AYU737204354 POLICY Policy Effective Date: 3/1/2023 Underwriting Company: The Continental Insurance Company, 151 N. Franklin St , © Copyright CNA All Rights Reserved.  Umbrella POLICY 12. Employee Injury any actual or alleged bodily injury or personal and advertising injury to: a. an employee arising out of and in the course of employment by the Insured or performing duties related to the conduct of the Insured’s business; or b. the spouse, child, parent, brother or sister of that employee as a consequence of a. above. This exclusion applies: i. whether an Insured may be liable as an employer or in any other capacity; and ii. to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to: (a) liability assumed by the Insured under an insured contract; or (b) to the extent such liability is covered by underlying insurance. 13. ERISA any actual or alleged obligation of any Insured under the Employees Retirement Income Security Act of 1974 or any similar common or statutory law anywhere in the world including any amendments or additions thereto. 14. Expected or Intended injury any actual or alleged bodily injury or property damage arising out of an act or omission: a. intended by an Insured; or b. that would be expected from the standpoint of a reasonable person in the circumstances of the Insured; to cause bodily injury or property damage, even if the actual bodily injury or property damage is of a different degree or type than intended or expected. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 15. Fungi or Other Organic Pathogens a. any actual or alleged bodily injury, property damage or personal and advertising injury arising out of any actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or growth or presence of any fungi or other organic pathogens; b. any actual or alleged loss, cost or expense arising out of or relating to the testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating, or disposing of, or in any way responding to or assessing the effects of fungi or other organic pathogens by any Insured or by anyone else; or c. any actual or alleged property damage caused by water where there also exists any property damage arising out of or relating to, in whole or in part, the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or growth or presence of any fungi or other organic pathogens. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage, loss, cost or expense. 16. Liquor Liability Form No: CNA75500XX (03-2015) Policy No: AYU737204354 POLICY Policy Effective Date: 3/1/2023 Underwriting Company: The Continental Insurance Company, 151 N. Franklin St , © Copyright CNA All Rights Reserved.  Umbrella POLICY any actual or alleged bodily injury or property damage for which any Insured may be held liable by reason of: a. causing or contributing to the intoxication of any person including causing or contributing to the intoxication of any person because alcoholic beverages were permitted to be brought on the Insured’s premises for consumption on the Insured’s premises; b. the furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or c. any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in: i. the supervision, hiring, employment, training or monitoring of others by that Insured; or ii. providing or failing to provide transportation with respect to any person that may be under the influence of alcohol, if the occurrence which caused the bodily injury or property damage involved that which is described in paragraph a., b. or c. above. However, this exclusion does not apply to the extent such liability is covered by underlying insurance. 17. Nonemployment Related Discrimination any actual or alleged personal and advertising injury arising out of any actual or alleged nonemployment related discrimination committed intentionally against a person. 18. Nuclear Energy Liability any actual or alleged bodily injury, property damage or personal and advertising injury: a. 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, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of insurance; b. resulting from the hazardous properties of nuclear material and with respect to which: i. any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or ii. 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; or c. resulting from hazardous properties of nuclear material, if: i. 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; ii. the nuclear material is contained in spent fuel or nuclear waste at any time possessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an Insured; or Form No: CNA75500XX (03-2015) Policy No: AYU737204354 POLICY Policy Effective Date: 3/1/2023 Underwriting Company: The Continental Insurance Company, 151 N. Franklin St , © Copyright CNA All Rights Reserved.  Umbrella POLICY iii. the bodily injury, property damage or personal and advertising injury arises out of the furnishing 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 applies only to property damage to such nuclear facility and any property thereat; and d. under any Medical Payments coverage, to expenses 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. Solely as used in this exclusion: (1) property damage includes all forms of radioactive contamination of property; (2) hazardous properties includes but is not limited to radioactive, toxic or explosive properties; (3) source material, special nuclear material, and by-product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; (4) spent fuel means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor. 19. Personal and Advertising Injury any actual or alleged personal and advertising injury: a. Breach of Contract arising out of breach of contract, except an implied contract to use another's advertising idea in the Named Insured’s advertisement. b. Criminal Acts or Conduct arising out of any actual or alleged criminal act or omission committed by or at the direction of any Insured. This exclusion does not apply to the extent liability is imposed upon the Insured for acts or omissions of another committed without the knowledge or consent of the Insured. c. Electronic Chat Rooms or Bulletin Boards arising out of an electronic chat room or bulletin board the Insured hosts, owns, or over which the Insured exercises control. d. Infringement of Copyright, Patent, Trademark or Trade Secret arising out of infringement of copyright, patent, trademark, trade secret or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another's advertising idea in the Named Insured’s advertisement. However, this exclusion does not apply to infringement of copyright, trade dress or slogan in the Named Insured’s advertisement. e. Insureds in Media and Internet Type Businesses committed by an Insured whose business is: i. advertising, broadcasting, publishing or telecasting; ii. designing or determining content or web-sites for others; or iii. an Internet search, access, content or service provider. Form No: CNA75500XX (03-2015) Policy No: AYU737204354 POLICY Policy Effective Date: 3/1/2023 Underwriting Company: The Continental Insurance Company, 151 N. Franklin St , © Copyright CNA All Rights Reserved.  Umbrella POLICY However, this exclusion does not apply to paragraph A., B. or C. of personal and advertising injury as defined in the section entitled Definitions. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for the Named Insured or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. f. Knowing Violation of Rights of Another caused by an actual or alleged offense, act or omission by or at the direction of the Insured if the Insured knew or should have known that such offense, act or omission would cause such personal and advertising injury. g. Material Published Prior To Policy Period arising out of oral or written publication, in any manner, of material whose first publication took place before the beginning of the policy period. h. Material Published with Knowledge of Falsity arising out of written publication in any manner of material, if the Insured knew or should have known the material was false. i. Quality or Performance of Goods – Failure to Conform to Statements arising out of any failure of goods, products or services to conform to any statement of quality or performance made in the Named Insured’s advertisement. j. Unauthorized Use of Another's Name or Product arising out of unauthorized use of another's name or product in the Named Insured’s e-mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers. k. Wrong Description of Prices arising out of the wrong description of the price of goods, products or services stated in the Named Insured’s advertisement. 20. Pollution a. any actual or alleged bodily injury or property damage arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants: i. at or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any Insured except that this subparagraph does not apply to: (a) bodily injury or property damage arising out of heat, smoke or fumes from a hostile fire; or (b) bodily injury if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building’s occupants or their guests; ii. at or from any premises, site or location which is or was at any time used by or for any Insured or others for the handling, storage, disposal, processing or treatment of waste; Form No: CNA75500XX (03-2015) Policy No: AYU737204354 POLICY Policy Effective Date: 3/1/2023 Underwriting Company: The Continental Insurance Company, 151 N. Franklin St , © Copyright CNA All Rights Reserved.  Umbrella POLICY iii. which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for any Insured or any person or organization for whom the Named Insured may be legally responsible; or iv. at or from any premises, site or location on which any Insured or any contractors or subcontractors working directly or indirectly on any Insured's behalf are performing operations: (a) If the pollutants are brought on or to the premises, site or location in connection with such operations by such Insured, contractor or subcontractor; except that this subparagraph does not apply to bodily injury or property damage arising out of: (1) the escape of fuels, lubricants, or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for operation of mobile equipment or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such Insured, contractor or subcontractor; or (2) heat, smoke or fumes from a hostile fire; or (b) If the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; v. that are, or that are contained in property that is: (a) being transported or towed by, or handled for movement into, onto or from a covered auto; (b) otherwise in the course of transit; or (c) being stored, disposed of, treated or processed in or upon the covered auto except that this subparagraph does not apply to fuels, lubricants, fluids, exhaust, gases or other similar Pollutants that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered auto or its parts if the pollutants escape or are discharged, dispersed or released directly from an auto part designed by its manufacturer to hold, store, receive or dispose of such pollutants; vi. before the pollutants or property in which the pollutants are contained are moved from the place where they are accepted by the Insured for movement into or onto the covered auto; or vii. after the pollutants or property in which the pollutants are contained are moved from the covered auto to the place where they are finally delivered, disposed of or abandoned by the Insured. Subparagraphs vi. and vii. do not apply if the pollutants or property in which the pollutants are contained are upset, overturned or damaged as a result of the maintenance or use of a covered auto and the discharge, dispersal, release or escape of the pollutants is caused directly by such upset, overturn or damage. b. any actual or alleged personal and advertising injury arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time. c. any actual or alleged loss, cost or expense arising out of any: Form No: CNA75500XX (03-2015) Policy No: AYU737204354 POLICY Policy Effective Date: 3/1/2023 Underwriting Company: The Continental Insurance Company, 151 N. Franklin St , © Copyright CNA All Rights Reserved.  Umbrella POLICY i. request, demand, order or statutory or regulatory requirement that any Insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; or ii. claim by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of pollutants. However, if liability for damages because of property damage is not excluded by paragraph a. above of this exclusion, then neither will paragraph c. above serve to exclude such damages. 21. Recall of Products, Work or Impaired Property any actual or alleged loss, cost or expense incurred by the Named Insured or any person or entity for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of your product, your work or impaired property, if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. 22. Silica a. any actual or alleged bodily injury arising, in whole or in part, out of the actual, alleged or threatened respiration or ingestion at any time of silica; or b. any actual or alleged property damage arising in whole or in part out of the actual, alleged or threatened presence of silica. c. any actual or alleged personal and advertising injury arising, in whole or in part, out of the actual, alleged or threatened: i. exposure at any time to; or ii. presence at any time of; silica. 23. Terrorism any actual or alleged bodily Injury, property damage or personal and advertising injury arising out of any act of terrorism. However, this exclusion does not apply to the extent such liability is covered by underlying insurance. 24. Unfair Competition/Antitrust Claims/RICO Claims any actual or alleged liability arising out of: a. unfair competition, dilution, deceptive trade practices, or civil actions for consumer fraud; b. charges of price fixing, monopolization or restraint of trade; or c. any violation of: i. the Federal Trade Commission Act; ii. the Sherman Act, the Clayton Act, or any federal statutory provision regarding anti-trust, monopoly, price fixing, price discrimination, predatory pricing or restraint of trade; iii. the Racketeer Influenced and Corrupt Organizations Act; iv. any rules or regulations promulgated under or in connection with the above statutes; or Form No: CNA75500XX (03-2015) Policy No: AYU737204354 POLICY Policy Effective Date: 3/1/2023 Underwriting Company: The Continental Insurance Company, 151 N. Franklin St , © Copyright CNA All Rights Reserved.  Umbrella POLICY v. any state, federal or local statute or other law which similarly regulates business practices. 25. Uninsured/Underinsured Motorists any actual or alleged obligations under an uninsured/underinsured motorist law, a personal injury protection law, a reparations benefit law or other similar law. 26. War any actual or alleged bodily injury, property damage or personal and advertising injury, however caused, arising, directly or indirectly, out of any: a. war, including undeclared or civil war; b. warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. 27. Workers’ Compensation and Similar Laws /Nonsubscriber Status any actual or alleged obligation of any Insured: a. under a workers’ compensation, disability benefits or unemployment compensation law or any similar law. b. by reason of a statement of non-subscription on file with any applicable Worker’s Compensation authority of any State indicating the Named Insured has chosen not to participate in the Workers Compensation system in accordance with laws of such state. B. Coverage C - Key Employee Exclusions With respect to Coverage C – Key Employee, this insurance does not apply to any actual or alleged: 1. Death or Disability death or permanent disability of a key employee relating to, or arising out of: a. nuclear reaction or radiation or radioactive contamination, however caused; b. sickness or disease, including mental illness or mental injury; c. pregnancy, childbirth, miscarriage or abortion; d. suicide, attempted suicide or self inflicted bodily injury, while sane or insane; e. the key employee’s intoxication, impairment or otherwise being under the influence of alcohol or controlled substances; f. war, including undeclared or civil war; g. warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or h. insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. 2. Other Expenses Form No: CNA75500XX (03-2015) Policy No: AYU737204354 POLICY Policy Effective Date: 3/1/2023 Underwriting Company: The Continental Insurance Company, 151 N. Franklin St , © Copyright CNA All Rights Reserved.  Umbrella POLICY a. expenses the Named Insured incurs which the Named Insured would not have incurred if the Named Insured had used all reasonable means to: i. find a permanent replacement for the key employee; and ii. reduce or discontinue the key employee replacement expense; as soon as possible after the Named Insured’s permanent loss of the services of the key employee caused by a covered accident. b. additional expenses incurred due to the Named Insured’s loss of the services of a permanent replacement appointed or hired to replace a key employee, however caused. However, this exclusion does not apply if the replacement employee is included in the definition of a key employee and the Named Insured’s loss of the services of the replacement employee is caused by a covered accident. IV. WHO IS AN INSURED The following persons or organizations are Insureds. A. With respect to the Coverage A - Umbrella Liability: 1. If the Named Insured is designated in the Declarations of this Policy as: a. an individual, the Named Insured and the Named Insured’s spouse are Insureds, but only with respect to the conduct of a business of which the Named Insured is the sole owner. b. a partnership or joint venture, the Named Insured is an Insured. The Named Insured’s members, the Named Insured’s partners, and their spouses are also Insureds, but only with respect to the conduct of the Named Insured’s business. c. a limited liability company, the Named Insured is an Insured. The Named Insured’s members are also Insureds, but only with respect to the conduct of the Named Insured’s business. The Named Insured’s managers are Insureds, but only with respect to their duties as the Named Insured’s managers. d. an organization other than a partnership, joint venture or limited liability company, the Named Insured is an Insured. The Named Insured’s executive officers and directors are Insureds, but only with respect to their duties as the Named Insured’s officers or directors. The Named Insured’s stockholders are also Insureds, but only with respect to their liability as stockholders. e. a trust, the Named Insured is an Insured. The Named Insured’s trustees are also Insureds, but only with respect to their duties as trustees. 2. Each of the following is also an Insured: a. The Named Insured’s volunteer workers but only while performing duties related to the conduct of the Named Insured’s business. b. The Named Insured’s employees, other than either the Named Insured’s executive officers (if the Named Insured is an organization other than a partnership, joint venture or limited liability company) or the Named Insured’s managers (if the Named Insured is a limited liability company), but only for acts within the scope of their employment by the Named Insured or while performing duties related to the conduct of the Named Insured’s business. However, none of these employees or volunteer workers is an Insured for: i. bodily injury or personal and advertising injury: Form No: CNA75500XX (03-2015) Policy No: AYU737204354 POLICY Policy Effective Date: 3/1/2023 Underwriting Company: The Continental Insurance Company, 151 N. Franklin St , © Copyright CNA All Rights Reserved.  Umbrella POLICY (a) to the Named Insured, to the Named Insured’s partners or members (if the Named Insured is a partnership or joint venture), to the Named Insured’s members (if the Named Insured is a limited liability company), to a co-employee while in the course of his or her employment or performing duties related to the conduct of the Named Insured’s business, or to the Named Insured’s other volunteer workers while performing duties related to the conduct of the Named Insured’s business; (b) to the spouse, child, parent, brother or sister of that co-employee or volunteer worker as a consequence of paragraph i.(a). above; (c) for which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph i.(a) or (b) above; or (d) arising out of his or her providing or failing to provide professional health care services. ii. property damage to property: (a) owned, occupied or used by; (b) rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; the Named Insured, any of the Named Insured’s employees, volunteer workers, any partner or member (if the Named Insured is a partnership or joint venture), or any member (if the Named Insured is a limited liability company). c. Any organization, other than a partnership, joint venture or limited liability company, the Named Insured acquires, forms or gains management control of during the policy period, but only with respect to bodily injury, property damage, personal and advertising injury, crisis management events and covered accidents that occur after the Named Insured acquires, forms or gains control of the organization. However, no person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations of this Policy. d. A person or organization for whom a Named Insured is required, by virtue of a written contract entered into prior to bodily injury or property damage occurring, to provide the insurance that is afforded by Coverage A – Umbrella Liability. This insurance applies only to bodily injury or property damage arising out of your work or facilities the Named Insured owns or uses, and subject to the following conditions: i. if the written contract specifies limits of insurance that are equal to or less than the limits of insurance provided by the underlying insurance, then no coverage is provided to that person or organization under this Policy; or ii. if the written contract specifies limits of insurance that are greater than the limits of insurance provided by the underlying insurance, then this insurance is excess over the insurance provided by the underlying insurance. The limits of insurance provided under this Policy to that person or organization are the lesser of: (a) the limits of insurance specified in the written contract less the limits of the underlying insurance; or (b) the limits of insurance of this Policy; and iii. if paragraph ii. above applies, the coverage provided to that person or organization under this Policy is no broader than: Form No: CNA75500XX (03-2015) Policy No: AYU737204354 POLICY Policy Effective Date: 3/1/2023 Underwriting Company: The Continental Insurance Company, 151 N. Franklin St , © Copyright CNA All Rights Reserved.  Umbrella POLICY (a) the maximum permitted by law; (b) that required by such contract; or (c) that afforded to the Named Insured under this Policy whichever is less. e. Any other person or organization not described above that is included as an insured under the provisions of underlying insurance and then only for coverage, except for limits of insurance, that is no broader than that afforded under such underlying insurance. B. With respect to the Coverage B - Crisis Management Expenses and the Coverage C - Key Employee, the Named Insured is the Insured. V. LIMITS OF INSURANCE A. Multiple Insureds, claims, claimants The limits of insurance shown in the Declarations of this Policy and the rules below fix the most the Insurer will pay regardless of the number of: 1. Insureds; 2. claims made or brought against the Insured; 3. persons or organizations making claims or bringing claims; and 4. coverages under this Policy. B. Aggregate Limit Subject to paragraphs D. and E. below, the limit of insurance shown in the Declarations of this Policy as the Aggregate limit is the most that the Insurer will pay as damages under this Policy except for: 1. damages covered by any auto liability policy listed in the Schedule of Underlying Insurance where the limits of insurance of such auto liability policy are not aggregated; and 2. damages covered under the products-completed operations hazard. The Aggregate limit shown in the Declarations of this Policy shall be applied in the same manner as the applicable Aggregate limits in the Underlying Insurance. C. Aggregate Products-Completed Operations Hazard Subject to paragraphs D. and E. below, the limit of insurance shown in the Declarations of this Policy as the Aggregate Products-Completed Operations Hazard limit is the most that the Insurer will pay as damages arising out of the products-completed operations hazard. D. Policy Aggregate Limit Subject to paragraphs B. and C. above and paragraph E. below, the Policy Aggregate is the most the Insurer will pay as damages under this Policy, except for damages covered by any auto liability policy listed in the Schedule of Underlying Insurance where the limits of insurance for such auto liability policy are not aggregated. E. Each Incident Subject to paragraphs B., C. and D. above, the limit of insurance shown in the Declarations of this Policy as the Each Incident limit is the most the Insurer will pay for the sum of all damages arising out of any one incident under this Policy. Form No: CNA75500XX (03-2015) Policy No: AYU737204354 POLICY Policy Effective Date: 3/1/2023 Underwriting Company: The Continental Insurance Company, 151 N. Franklin St , © Copyright CNA All Rights Reserved.  Umbrella POLICY F. Crisis Management Solely with respect to Coverage B – Crisis Management Expenses, the most the Insurer will pay is the limit of insurance shown on the Declarations of this Policy as the Crisis Management Expenses Aggregate limit, regardless of the number crisis management events for which crisis management expenses are incurred. Crisis management expenses are not subject to the retained amount. The Crisis Management Expenses Aggregate limit of insurance is in addition to and will not erode any other limits of this Policy. The Crisis Management Expenses Aggregate limit of insurance shall be excess of any other limits of insurance available to the Insured for the same expenses. G. Key Employee Replacement Expenses Solely with respect to Coverage C – Key Employee, the most the Insurer will pay for key employee replacement expenses is the Key Employee Aggregate limit shown on the Declarations of this Policy, regardless of the number key employees for which key employee replacement expenses are incurred. Key employee replacement expenses are not subject to the retained amount. The Key Employee Replacement Expenses Aggregate limit of insurance is in addition to and will not erode any other limits of this Policy. The Key Employee Replacement Expenses Aggregate limit of insurance shall be excess of any other limits of insurance available to the Insured for the same expenses. H. Application of Limits of Insurance The limits of insurance apply to the entire policy period, regardless of length. I. Exhaustion or Reduction of Applicable Underlying Limit In the event of reduction or exhaustion of the total applicable li