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Contractors Pollution and Professional Liability Policy

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Contractors Pollution and Professional Liability Policy CONTRACTORS POLLUTION AND PROFESSIONAL LIABILITY POLICY THIS FORM PROVIDES CLAIMS-MADE COVERAGE FOR COVERAGE PARTS A and B. PLEASE READ THE ENTIRE FORM CAREFULLY. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us", and "our" refer to the Company providing this insurance. Other words and phrases that appear in bold have special meaning. Refer to Section VIII. Definitions. This policy provides coverage on a Claims Made and Reported basis and only applies to a claim that is first made against you during the policy period and first reported to us during the policy period or applicable Extended Reporting Period. The application is the basis of this policy and is incorporated in and constitutes a part of this policy. A copy of the application is attached hereto. Any material received with the application will be maintained on file with the Company and will be deemed to be attached thereto as if physically attached. It is agreed by all insureds that the statements in the application are their representations, that they are material and that this policy is issued in reliance upon the truth of such representations. Please note defense costs under Coverages A and B.5 shall be applied against the deductible and will erode the Limits of Insurance. This policy includes all of the agreements existing between the insureds and the Company or any of its agents relating to this policy. The coverages described below are in effect only if scheduled on the Declarations. Any coverage not shown on the Declarations or listed as “Not Provided” is not a part of this policy and is excluded. I. INSURING AGREEMENTS COVERAGE A – PROFESSIONAL LIABILITY a. We will pay those sums that the insured becomes legally obligated to pay as damages in excess of the deductible, if any, that result from professional services to which this insurance applies. The damages must result from an actual or alleged negligent act, error or omission in the performance of professional services rendered by the insured or by a person or entity retained by you and for whom you are legally liable. We will have the right and duty to defend the insured against any suit seeking those damages. However, we will have no duty to defend the insured against any suit seeking damages to which this insurance does not apply. We may, at our discretion, investigate any actual or alleged negligent act, error or omission and settle any claim or suit that may result, but: (1) The amount we will pay for damages and defense costs is limited as described in Section IV. Limits Of Insurance; and (2) Our right and duty to defend ends under Coverage A when we have used up the applicable limit of insurance in the payment of judgments or settlements for damages under Coverage A, or loss under Coverage B and/or payment of defense costs under Coverages A and, if applicable, B.5. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Section III. Supplementary Payments. b. This insurance shall only apply if: (1) The claim is first made against the insured during the policy period and reported to us, in writing, during the policy period, or Extended Reporting Period, if applicable; and (2) The actual or alleged negligent act, error or omission takes place in the coverage territory; and (3) The actual or alleged negligent act, error or omission takes place on or after the retroactive date, shown in the Declarations, and before the end of the policy period; and (4) Prior to the effective date of the first policy issued to you by us and continuously renewed, no responsible insured had knowledge of any circumstances which could be expected to give rise to a claim or suit to which this insurance applies. Notwithstanding the above, this policy will not respond to damages, loss or defense costs covered in whole or in part by other valid and collectible insurance in force prior to this policy period. COVERAGE B – ENVIRONMENTAL IMPAIRMENT LIABILITY COVERAGE B.1 – CONTRACTORS POLLUTION LIABILITY a. We will pay those sums that the insured becomes legally obligated to pay for loss from bodily injury or property damage in excess of the deductible, directly caused by pollution conditions that result from your covered operations and/or completed operations of your covered operations to which this insurance applies. CPP 9001 02 19 Page 1 of 24 We will have the right and duty to defend the insured against any suit seeking payment for loss caused by pollution conditions resulting from your covered operations or completed operations of your covered operations; However, we will have no duty to defend the insured against any suit seeking payment for loss to which this insurance does not apply. We may, at our discretion, investigate any pollution condition and settle any claim or suit that may result, but: (1) The amount we will pay for loss and defense costs is limited as described in Section IV. Limits Of Insurance; and (2) Our right and duty to defend ends under Coverage B when we have used up the applicable limit of insurance in the payment of judgments or settlements for damages under Coverage A, or loss under Coverage B, and/or defense costs under Coverages A and, if applicable, B.5. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Section III. Supplementary Payments. b. This insurance apples to bodily injury and property damage to the extent caused by a pollution condition only if: (1) The bodily injury or property damage is caused by a pollution condition that takes place in the coverage territory and is the result of your covered operations and/or completed operations of your covered operations; and (2) The claim or suit alleging bodily injury or property damage is first made against the insured during the policy period and reported to us, in writing, during the policy period, or the extended reporting period, if applicable; and (3) The pollution condition first commences on or after the retroactive date shown in the Declarations, if any, and was unexpected and unintended from the standpoint of the insured; and (4) Your covered operations, or completed operations of those covered operations, that resulted in the claim commenced on or after the retroactive date shown in the Declarations, if any, and before the end of the policy period. Notwithstanding the above, this policy will not respond to damages, loss(es) or defense costs covered in whole or in part by other valid and collectible insurance in force prior to this policy period. COVERAGE B.2 – TRANSPORTATION POLLUTION LIABILITY a. We will pay those sums the Named Insured becomes legally obligated to pay for loss from bodily injury or property damage in excess of the deductible, that results from a claim made against the Named Insured by a third party, to the extent directly caused by a pollution condition occurring during the course of transportation by the Named Insured or by a carrier, including any loading or unloading, to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking payment for loss caused by pollution conditions occurring during the course of transportation; however, we will have no duty to defend the Insured against any suit seeking payment for loss to which this insurance does not apply. We may, at our discretion, investigate any pollution condition and settle any claim or suit that may result, but; (1) The amount we will pay for loss and defense costs is limited as described in Section IV. Limits Of Insurance; and (2) Our right and duty to defend ends under Coverage B when we have used up the applicable limit of insurance in the payment of judgments or settlements for damages under Coverage A, or loss under Coverage B, and/or payment of defense costs under Coverages A and B.5. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Section III. Supplementary Payments. b. This insurance applies to bodily injury and property damage to the extent caused by a pollution condition only if: (1) The bodily injury or property damage is caused by a pollution condition that takes place in the coverage territory and is the direct result of the transportation of your products, materials or waste by the Named Insured, or by a carrier on behalf of the Named Insured; and (2) The claim for bodily injury or property damage is first made against the insured during the policy period and reported to the insurer, in writing, during the policy period, or Extended Reporting Period, if applicable; and (3) The pollution condition first commences on or after the retroactive date shown in the Declarations, if any, and was unexpected and unintended from the standpoint of the insured; and (4) The Named Insured and/or the carrier are properly licensed to transport your products, materials or wastes that cause the pollution condition. Notwithstanding the above, this policy will not respond to loss or defense costs covered in whole or in part by other valid and collectible insurance in force prior to this policy period. CPP 9001 02 19 Page 2 of 24 It is also hereby agreed and understood that the coverage provided under this COVERAGE B.2 – TRANSPORTATION POLLUTION LIABILITY shall not constitute or be evidence of financial responsibility under any federal, state or local law(s).
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