Insurance Certificates 2018/19 HubStor, Inc - GL Insurance PolicyHOW TO REPORT A CLAIM
About Trisura
Trisura Guarantee Insurance Company is a Canadian specialty lines insurance and surety company. Through a select network of national and
regional brokerage firms, Trisura Guarantee provides innovative solutions and expertise in Contract, Developer and Commercial Surety, Directors’
and Officers’ Liability, Fidelity, Professional Liability including Media, Technology and Cyber Liability, Property, Casualty and Warranty products.
Trisura Guarantee is rated A- (Excellent) by A.M. Best Company.
Trisura Guarantee is a subsidiary of Trisura Group Ltd., a leading international specialty insurance provider operating in the surety, risk solutions,
corporate insurance and reinsurance segments of the market. Trisura Group has three principal regulated subsidiaries: Trisura Guarantee Insurance
Company, Trisura International Insurance Ltd. and Trisura Specialty Insurance Company. Trisura Group is listed on the Toronto Stock Exchange
under the symbol “TSU”.
Refer to your policy for complete details. In case of inconsistency between this document and your policy, the policy terms, conditions and
limitations will apply.
Trisura Guarantee Insurance Company a step above
Please contact our claims team in writing or by telephone as soon as possible:
Trisura Guarantee Insurance Company
333 Bay Street, Suite 1610
Toronto, ON M5H 2R2
Toll free number: 1-866-856-9203
Email: claims@trisura.com
This policy contains a clause that may limit the amount payable
TCPPE.000 (10/17)Trisura Guarantee Insurance Company
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COMMERCIAL GENERAL LIABILITY INSURANCE POLICY
DECLARATIONS
Policy No.: TOP1002684
Named Insured:HubStor Inc.
Mailing Address:6378 Deer Valley Crescent
Greely ON K4P 0A9
Canada
Policy Period:From October 24, 2018 to October 24, 2019
12:01 a.m. standard time at the mailing address shown above
Broker:Smith, Petrie, Carr and Scott Insurance Brokers Ltd.
Broker Address:359 Kent Street
Suite 600,
Ottawa ON K2P 0R6
Description of Operations:Archiving
Premium:$1,000.00
Minimum Retained Premium:80% of the Annual Premium (minimum $250)
Transaction Description:Effective Date:
Renewal policy from quote October 24, 2018
These Declarations and the Policy together with Policy Conditions, forms, riders and endorsements, if any, shall
constitute the entire contract between the Insured and Trisura Guarantee Insurance Company.
In witness whereof, the Insurer has caused this Policy to be signed by its authorized officer.
TRISURA GUARANTEE INSURANCE COMPANY
Michael George
President & CEO
TCPPE.000 (10/17) Trisura Guarantee Insurance Company
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COVERAGES
Policy No.: TOP1002684
COMMERCIAL GENERAL LIABILITY COVERAGE
Form Number Form Name Deductible Limits of Insurance
TGLE.001 Commercial General Liability
Each Occurrence Limit $2,000,000
Personal and Advertising Injury Limit $2,000,000
Medical Payments Limit $5,000 any one person
General Aggregate Limit $5,000,000
Tenant's Legal Liability Limit $1,000 $250,000 any one premises
Products-Completed Operations Aggregate Limit $2,000,000
Coverage A Per Occurrence Deductible $1,000 Property Damage
$1,000 Bodily Injury
TGLE.011 Employee Benefits Liability $1,000 $1,000,000 each employee
$1,000,000 Aggregate
TGLE.012 Employers Bodily Injury Liability Extension $2,000,000
TGLE.017 Non-Accumulation Clause
TGLE.023 Professional Services Exclusion
TGLE.030 Blanket Additional Insured Endorsement
TSPFE.006 Standard Non-Owned Automobile - S.E.F. No. 6 $1,000,000
TOEFE.098B Reduction of Coverage for Lessees or Drivers of
Leased Vehicles Endorsement - O.E.F. No. 98B
TSEFE.094 Legal Liability For Damage To Hired Automobiles
Endorsement - S.E.F. No. 94
$1,000 $50,000
TSEFE.096 Contractual Liability Endorsement - S.E.F. No.
96
TSEFE.099 Excluding Long Term Leased Vehicle
Endorsement - S.E.F. No. 99
Total Premium:$1,000
TRISURA GUARANTEE INSURANCE COMPANY
TRISURA LEGAL ASSISTANCE HOTLINE
Your Trisura Guarantee Insurance Company policy includes access to unlimited legal advice by calling
1-866-945-5207. If you have any questions that require the assistance of a lawyer, the Trisura Legal Assistance Hotline is
available from 8 a.m. to midnight (local time), seven days per week. In emergency situations, your call will always be
answered.
What do I do if I require legal assistance?
1.Have your policy number ready
By having this information ready, we will be able to quickly confirm that you are a Trisura policyholder.
2.Call the Hotline 1-866-945-5207
The first voice you hear will be a customer service agent, who will take down basic information and direct you to the
correct area of law. You will then either speak directly to a lawyer or schedule the most convenient time for a lawyer
to call you back.
3.Speak with the Lawyer
Our lawyers are knowledgeable and courteous, and will provide you with information and clearly defined next steps.
There is no limit to the duration or number of calls. On the contrary, it is encouraged to call whenever you have a
legal concern to help minimize risk of more complicated future problems.
Legal Advice Examples
There are many scenarios in which an organization can run into legal strife. Here are some examples to better illustrate
the importance of obtaining legal assistance in the time of need.
The Troublesome Salesperson (Employment Dispute)
A men’s retail store has an underperforming sales person on staff that needs to be let go. Unfortunately, the
former store manager did not do a proper reference check and the owner finds out the salesperson has a history
of making Human Rights Complaints whenever threatened with termination. The owner wants to know what steps
can be taken to mitigate the chances of this happening.
The Restaurant Audit (Tax Related)
A restaurant owner receives a notice from the CRA that their business will be assessed. The owner has done the
business’s taxes using off the shelf software and does not believe they did anything wrong. They want to know
what their rights are when the auditor arrives at their place of business. Can the auditor interview employees?
Customer Testimonials
“The service was extremely efficient. Being
able to run the situation by the lawyer and
get help understanding the conditions of a
contract let me know I was understanding
all the options in my situation correctly and
helped me to manage it knowledgably
which saved my family a lot of money in
the long term. This service brings a lot of
peace of mind.” – Mila A
“Legal assistance provides me with the ability to obtain legal advice
not just for the big issues but for all small ones as well. The
professional and knowledgeable advice allows me to do my job with
a higher level of confidence.” – Gayle L
“Having telephone access to legal advice without the costly hourly
rate lawyers charge is wonderful. I was able to ask a question which
another lawyer quoted they would have charged $450 per hour.”
– Michelle F
TCPPE.000-Schedule (10/17) Trisura Guarantee Insurance Company
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SCHEDULE OF FORMS
Policy No.: TOP1002684
The following is a schedule of forms that together shall constitute the entire contract between the Insured and
Trisura Guarantee Insurance Company
Form Name Form No.
Commercial General Liability Insurance Policy TCGLE.001 (02/15)
Commercial General Liability Policy TGLE.001 (05/17)
Employee Benefits Liability Policy TGLE.011 (05/17)
Employers Bodily Injury Liability Coverage Extension TGLE.012 (05/17)
Non-Accumulation Clause TGLE.017 (05/17)
Professional Services Exclusion TGLE.023 (05/17)
Blanket Additional Insured Endorsement TGLE.030 (10/17)
Reduction of Coverage For Lessees or Drivers of Leased Vehicles Endorsement
- O.E.F. No. 98B
TOEFE.098B (05/17)
Legal Liability For Damage To Hired Automobiles Endorsement - S.E.F. No. 94 TSEFE.094 (05/17)
Contractual Liability Endorsement - S.E.F. No. 96 TSEFE.096 (05/17)
Excluding Long Term Leased Vehicle Endorsement - S.E.F. No. 99 TSEFE.099 (05/17)
Standard Non-owned Automobile Policy – S.P.F. No.6 TSPFE.006 (05/17)
TCPPE.000-D (05/17) Trisura Guarantee Insurance Company
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SCHEDULE OF ADDITIONAL NAMED INSUREDS
Policy No.: TOP1002684
In addition to the Named Insured listed in the Declarations, who is the first Named Insured, this Policy is extended to
include as an additional Named Insured each person or organization shown below:
1. HubStor LP
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COMMERCIAL GENERAL LIABILITY POLICY
Throughout this Policy the words Insured and Named Insured mean any person or organization qualifying as such
under SECTION II – WHO IS AN INSURED. The word Insurer refers to Trisura Guarantee Insurance Company.
Other words and phrases that appe ar in bold type have special meaning. Refer to SECTION V - DEFINITIONS.
Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights, duties and
what is and is not covered.
SECTION I – COVERAGES
COVERAGE A.BODILY INJURY AND PROPERTY DAMAGE LIABILITY
1.Insuring Agreement
a.The Insurer will pay those sums that the Insured becomes legally obligated to pay as Compensatory
Damages because of Bodily Injury or Property Damage to which this insurance applies. The Insurer will
have the right and duty to defend the Insured against any Action seeking those Compensatory Damages.
However, the Insurer will have no duty to defend the Insured against any Action seeking Compensatory
Damages for Bodily Injury or Property Damage to which this insurance does not apply. The Insurer may,
at the Insurer’s sole discretion, investigate any Occurrence and settle any claim or Action that may result.
But:
(1)the amount the Insurer will pay for Compensatory Damages is limited as described in SECTION III –
LIMITS OF INSURANCE and is subject to the Deductible Clause shown in SECTION III – LIMITS OF
INSURANCE; and
(2)the Insurer’s right and duty to defend ends when the Insurer has used up the applicable limit of
insurance in the payment of judgments or settlements under COVERAGES A, B or D or medical
expenses under COVERAGE C.
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided
for under SUPPLEMENTARY PAYMENTS – COVERAGES A, B and D.
b.This insurance applies to Bodily Injury and Property Damage only if:
(1)the Bodily Injury or Property Damage is caused by an Occurrence that takes place in the Coverage
Territory; and
(2)the Bodily Injury or Property Damage occurs during the policy period; and
(3)prior to the policy period, no Insured listed under Paragraph 1. of SECTION II – WHO IS AN INSURED
or any Employee authorized by the Named Insured to give or receive notice of an Occurrence, claim
or Action, knew or reasonably could have known that the Bodily Injury or Property Damage had
occurred, in whole or in part. If such a listed Insured or authorized Employee knew, prior to the policy
period, that the Bodily Injury or Property Damage occurred, then any continuation, change or
resumption of such Bodily Injury or Property Damage during or after the policy period will be deemed
to have been known prior to the policy period.
c.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 Insured listed under Paragraph 1. of SECTION II – WHO IS AN
INSURED or any Employee authorized by the Named Insured to give or receive notice of an Occurrence,
claim or Action, includes any continuation, change or resumption of that Bodily Injury or Property
Damage after the end of the policy period.
d.Bodily Injury or Property Damage will be deemed to have been known to have occurred at the earliest
time when any Insured listed under Paragraph 1. of SECTION II – WHO IS AN INSURED or any Employee
authorized by the Named Insured to give or receive notice of an Occurrence, claim or Action:
(1)reports all, or any part, of the Bodily Injury or Property Damage to the Insurer or any other Insurer;
(2)receives a written or verbal demand or claim for Compensatory Damages because of the Bodily
Injury or Property Damage; or
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(3)becomes aware by any other means that Bodily Injury or Property Damage has occurred or has
begun to occur.
e.Compensatory Damages because of Bodily Injury include Compensatory Damages claimed by any
person or organization for care, loss of services or death resulting at any time from the Bodily Injury.
2.Exclusions
This insurance does not apply to:
a.Expected or Intended Injury
Bodily Injury or Property Damage expected or intended from the standpoint of the Insured. This exclusion
does not apply to Bodily Injury or Property Damage resulting from the use of reasonable force to protect
persons or property.
b.Contractual Liability
Bodily Injury or Property Damage for which the Insured is obligated to pay Compensatory Damages by
reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for
Compensatory Damages:
(1)that the Insured would have in the absence of the contract or agreement; or
(2)assumed in a contract or agreement that is an Insured Contract, provided the Bodily Injury or
Property Damage occurs subsequent to the execution of the contract or agreement. Solely for the
purpose of liability assumed in an Insured Contract, reasonable legal fees and necessary litigation
expenses incurred by or for a party other than an Insured are deemed to be Compensatory Damages
because of Bodily Injury or Property Damage, provided:
(a)liability to such party for, or for the cost of, that party’s defence has also been assumed in the same
Insured Contract; and
(b)such legal fees and litigation expenses are for defence of that party against a civil or alternative
dispute resolution proceeding in which Compensatory Damages are alleged to apply to this
insurance.
c.Workers’ Compensation and Similar Laws
Any obligation of the Insured under a workers’ compensation, disability benefits or unemployment or
employment compensation law(s) or any similar law(s).
d.Employer’s Liability
Bodily Injury to:
(1)an Employee arising out of and in the course of:
(a)employment by the Insured; or
(b)performing duties related to the conduct of the Insured’s business; or
(2)The spouse, common law partner, domestic partner, child, parent, brother or sister of that Employee as
a consequence of Paragraph 2. d. (1).
This exclusion applies:
(i)whether the Insured may be liable as an employer or in any other capacity; and
(ii)to any obligation to share Compensatory Damages with or repay someone else who must pay
Compensatory Damages because of the injury.
This exclusion does not apply to:
(a)liability assumed by the Insured under an Insured Contract; or
(b)a claim made or an Action brought by a Canadian resident Employee on whose behalf contributions
are made by or required to be made by the Insured under the provisions of any Canadian provincial or
territorial workers’ compensation law, if cover or benefits have been denied by any Canadian Workers’
Compensation Authority.
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e.Aircraft or Watercraft
Bodily Injury or Property Damage arising directly or indirectly, in whole or in part, out of the ownership,
maintenance, operation, use or entrustment to others by or on behalf of any Insured of:
(1)any aircraft, air cushion vehicle or watercraft that is owned, operated by, rented or loaned to any
Insured; or
(2)any premises for the purpose of an airport or aircraft landing area and all operations necessary or
incidental thereto.
Use noted above includes Loading or Unloading.
This exclusion applies even if the claims made against any Insured allege negligence or other wrongdoing in
the supervision, hiring, employment, training or monitoring of others by that Insured, if the Occurrence
which caused the Bodily Injury or Property Damage involved the ownership, maintenance, use or
entrustment to others of any aircraft, air cushion vehicle or watercraft.
This exclusion does not apply to:
(1)a watercraft while ashore on premises the Named Insured owns or rents;
(2)a watercraft that is:
(a)less than 8 metres long; and
(b)not being used to carry persons or property for a charge;
(3)Bodily Injury to an Employee of the Named Insured on whose behalf contributions are made by or
required to be made by the Insured under the provisions of any Canadian provincial or territorial
workers’ compensation law, if the Bodily Injury results from an Occurrence involving watercraft.
This exclusion applies regardless of any other contributing or aggravating cause or event that contributes
concurrently or in any sequence to the Bodily Injury or Property Damage.
f.Automobile
Bodily Injury or Property Damage arising directly or indirectly, in whole or in part, out of the ownership,
maintenance, use or entrustment to others of any Automobile owned, operated by, on behalf of, rented or
loaned to any Insured.
This exclusion also applies to:
(1)any motorized snow vehicle or its trailers; and
(2)any vehicle while being used in any speed or demolition contest or in any stunting activity or in practice
or preparation for any such contest or activity.
This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in the
supervision, hiring, employment, training or monitoring of others by that Insured, if the Occurrence which
caused the Bodily Injury or Property Damage involved the ownership, maintenance, use or entrustment to
others of any Automobile that is owned, operated by, on behalf of, rented or loaned to any Insured.
Use in this exclusion includes all operations and any Loading or Unloading.
This exclusion applies regardless of any other contributing or aggravating cause or event that contributes
concurrently or in any sequence to the Bodily Injury or Property Damage.
This exclusion does not apply to:
(1)Bodily Injury to an Employee of the Named Insured on whose behalf contributions are made by or
required to be made by the Named Insured under the provisions of any Canadian provincial or territorial
workers’ compensation law.
(2)Bodily Injury or Property Damage arising out of a defective condition in, or improper maintenance of,
any Automobile that is owned by the Named Insured while leased to others for a period of 30 days or
more provided the lessee is obligated under contract to ensure that the Automobile is insured.
(3)Bodily Injury or Property Damage arising out of the ownership, use or operation of machinery,
apparatus or equipment mounted on or attached to any vehicle while at the site of the use or operation
of such equipment. This exception however does not apply when such equipment is mounted on or
attached to any Automobile and such equipment is used for the purpose of Loading or Unloading.
(4)Bodily Injury or Property Damage arising out of Loading or Unloading if such operations are
precluded from coverage under the motor vehicle section of any provincial or territorial act or regulation.
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g.Damage to Property
Property Damage to:
(1)property that is owned or occupied by or rented to the Named Insured, 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;
(2)premises the Named Insured sells, gives away or abandons, if the Property Damage arises out of any
part of those premises;
(3)property loaned to the Named Insured;
(4)tools or equipment used by the Named Insured or on the Named Insured’s behalf in performing The
Named Insured’s Work;
(5)property held by the Named Insured for sale or entrusted to the Named Insured for storage or
safekeeping;
(6)property being on premises that is owned or rented by the Named Insured for the purpose of having
operations performed on such property by the Insured;
(7)that particular part of real property on which the Named Insured or any contractors or subcontractors
working directly or indirectly on the Named Insured’s behalf are performing operations, if the Property
Damage arises out of those operations; or
(8)that particular part of any property that must be restored, repaired or replaced because The Named
Insured’s Work was incorrectly performed on it.
Paragraph (2) of this exclusion does not apply if the premises are The Named Insured’s Work and were
never occupied, rented or held for rental by the Insured.
Paragraphs (3), (5), (6), (7) and (8) of this exclusion do not apply to liability assumed under a sidetrack
agreement.
Paragraph (7) and (8) of this exclusion does not apply to Property Damage included in the Products-
Completed Operations Hazard.
h.Damage to The Named Insured’s Product
Property Damage to The Named Insured’s Product arising out of such product or any part of such
product.
i.Damage to The Named Insured’s Work
Property Damage to The Named Insured’s 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.
j.Damage to Impaired Property or Property Not Physically Injured
Property Damage to Impaired Property or property that has not been physically injured, arising out of:
(1)a defect, deficiency, inadequacy or dangerous condition in The Named Insured’s Product or The
Named Insured’s Work; or
(2)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 The Named Insured’s Product or The Named Insured’s Work after it has been put to its
intended use.
k.Recall of Products, Work or Impaired Property
Compensatory Damages claimed for any loss, cost or expense incurred by the Named Insured or others
for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of:
(1)The Named Insured’s Product;
(2)The Named Insured’s Work; or
(3)Impaired Property;
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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.
l.Explosion, Vibration, Removal or Weakening of Support
Property Damage arising out of, in whole or in part:
(1)the use of any explosives for blasting;
(2)vibration from pile driving or caisson work; or
(3)the removal or weakening of support of any property, building or land whether such support be natural
or otherwise.
This exclusion does not apply to:
(1)Property Damage arising out of work performed on behalf of the Named Insured by any contractor or
subcontractor; or
(2)Property Damage included within the Products-Completed Operations Hazard.
m.Electronic Data and Access or Disclosure of Confidential or Personal Information
Compensatory Damages arising out of:
(1)the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate
Electronic Data; or
(2)any access to or disclosure of any person’s or organization’s confidential or personal information,
including but not limited to patents, trade secrets, processing methods, customer lists, financial
information, credit card information, health information or any other type of nonpublic information.
n.Personal and Advertising Injury
Bodily Injury arising out of Personal and Advertising Injury.
o.Professional Services
Bodily Injury (other than Incidental Medical Malpractice Injury), or Property Damage due to the
rendering of or failure to render by the Named Insured or on the Named Insured’s behalf of any
Professional Services for others, or any error or omission, malpractice or mistake in providing those
services.
p.Abuse
(1)Claims or Actions arising directly or indirectly, in whole or in part from any Abuse committed or alleged
to have been committed by any Insured, including the transmission of disease arising out of any act of
Abuse;
(2)Claims or Actions based on the Named Insured’s practices of Employee hiring, acceptance of
Volunteer Workers or any supervision, investigation or retention of any person alleged to have
committed Abuse; or
(3)Claims or Actions alleging knowledge by an Insured of, or failure to report, the alleged Abuse to the
appropriate authority(ies).
q.Employment Related Practices
Bodily Injury to:
(1)a person arising out of any employment related act, omission, policy, practice, representation, or
direction at such person occurring in whole or in part at any time including any:
(a)failure or refusal to advance, compensate, employ or promote;
(b)termination of that person’s employment;
(c)policies, acts or omissions such as coercion, criticism, prosecution, retaliation, demotion,
evaluation, reassignment, discipline, defamation, disparagement, harassment, segregation,
humiliation or discrimination directed at that person;
(d)invasion or other violation of any right of privacy or publicity;
(e)breach of any implied or express covenant; or
(f)proceedings or actions under any Canadian federal, territorial, or provincial human rights code or
under Title VII of the 1964 Civil Rights Act of the United States of America, including any
amendments thereto; and
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(2)the spouse, common law partner, domestic partner, child, parent, brother or sister of that person as a
consequence of any injury or damage to the person in respect of whom any of the employment-related
practices described in Paragraphs (a), (b), (c), (d), (e) or (f) above are directed.
This exclusion applies:
(1)whenever the Insured may be held liable as an employer or in any other capacity; and
(2)to any obligation to share Compensatory Damages with or repay someone else who must pay
Compensatory Damages because of the injury.
r.Recording and Distribution of Material or Information in Violation of Law
Bodily Injury or Property Damage arising directly or indirectly out of any act or omission that violates or is
alleged to violate:
(1)any federal, provincial or territorial Consumer Protection Act, The Telephone Consumer Protection Act
(TCPA), including any similar laws and any amendments thereto;
(2)any federal, provincial or territorial Canadian Anti-Spam Law or The CAN-SPAM Act of 2003, including
any similar laws and any amendments thereto;
(3)any federal, provincial or territorial Credit Reporting Act or The Fair Credit Reporting Act (FCRA),
including any similar laws and any amendments thereto;
(4)any other federal, provincial or territorial statute, ordinance, regulation, law, and any amendments made
thereto, that address, prohibit or limit the printing, dissemination, disposal, collecting, recording,
sending, transmitting, communicating or distribution of material or information.
s.Asbestos – see Common Exclusions.
t.Fungi or Spores – see Common Exclusions.
u.Lead – see Common Exclusions.
v.Nuclear Energy Liability – see Common Exclusions.
w.Pollution Liability – see Common Exclusions.
x.Silica – see Common Exclusions.
y.Terrorism – see Common Exclusions.
z.War Risks – see Common Exclusions.
COVERAGE B.PERSONAL AND ADVERTISING INJURY LIABILITY
1.Insuring Agreement
a.The Insurer will pay those sums that the Insured becomes legally obligated to pay as Compensatory
Damages because of Personal and Advertising Injury to which this insurance applies. The Insurer will
have the right and duty to defend the Insured against any Action seeking those Compensatory Damages.
However, the Insurer will have no duty to defend the Insured against any Action seeking Compensatory
Damages for Personal and Advertising Injury to which this insurance does not apply. The Insurer may, at
the Insurer’s discretion, investigate any offence and settle any claim or Action that may result. But:
(1)the amount the Insurer will pay for Compensatory Damages is limited as described in SECTION III –
LIMITS OF INSURANCE; and
(2)the Insurer’s right and duty to defend ends when the Insurer has used up the applicable limit of
insurance in the payment of judgments or settlements under COVERAGES A, B or D or medical
expenses under COVERAGE C.
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided
for under SUPPLEMENTARY PAYMENTS – COVERAGES A, B and D.
b.This insurance applies to Personal and Advertising Injury caused by an offence arising out of the Named
Insured’s business but only if the offence was committed in the Coverage Territory during the policy period.
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2.Exclusions
This insurance does not apply to:
a.Knowing Violation of Rights of Another
Personal and Advertising Injury caused by or at the direction of the Insured with the knowledge that the
act would violate the rights of another and would inflict Personal and Advertising Injury.
b.Material Published With Knowledge of Falsity
Personal and Advertising Injury arising out of oral or written publication of material, if done by or at the
direction of the Insured with knowledge of its falsity.
c.Material Published Prior to Policy Period
Personal and Advertising Injury arising out of oral or written publication of material whose first publication
took place prior to the policy period.
d.Criminal Acts
Personal and Advertising Injury arising out of a criminal act which is committed by or at the direction of
any Insured.
e.Contractual Liability
Personal and Advertising Injury for which the Insured has assumed liability in a contract or agreement.
This exclusion does not apply to liability for Compensatory Damages that the Insured would have in the
absence of the contract or agreement.
f.Breach of Contract
Personal and Advertising Injury arising out of a breach of contract, except an implied contract to use
another’s advertising idea in the Named Insured’s Advertisement.
g.Quality or Performance of Goods – Failure to Conform to Statements
Personal and Advertising Injury arising out of the failure of goods, products or services to conform to any
statement of quality, use, warranty, durability, fitness or performance made in the Named Insured’s
Advertisement.
h.Wrong Description of Prices
Personal and Advertising Injury arising out of the wrong description of the price of goods, products or
services stated in the Named Insured’s Advertisement,
i.Infringement of Copyright, Patent, Trademark or Trade Secret
Personal and Advertising Injury arising out of the infringement of copyright, patent, trademark, trade
secret or other intellectual property rights.
However, this exclusion does not apply to infringement, in the Named Insured’s Advertisement, of
copyright, trade dress or slogan.
j.Insureds in Media and Internet Type Businesses
Personal and Advertising Injury committed by an Insured whose business is:
(1)advertising, broadcasting, publishing or telecasting;
(2)designing or determining content of web-sites for others; or
(3)an Internet search, access, content or service provider.
However, this exclusion does not apply to Paragraphs 24. a., b. and c. of Personal and Advertising Injury
under SECTION V - 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.
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k.Unauthorized Use of Another’s Name or Product
Personal and Advertising Injury arising out of the 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.
l.Interactive Websites, Electronic Chatrooms, Interactive Forums or Bulletin Boards
Personal and Advertising Injury arising out of an electronic interactive website, chatroom, interactive
forum or bulletin board the Insured hosts, owns, or over which the Insured exercises any control.
m.Employment-Related Practices
Personal and Advertising Injury to:
(1)a person arising out of any employment related act, omission, policy, practice, representation, or
direction at such person occurring in whole or in part at any time including any:
(a)failure or refusal to advance, compensate, employ or promote;
(b)termination of that person’s employment;
(c)policies, acts or omissions such as coercion, criticism, prosecution, retaliation, demotion,
evaluation, reassignment, discipline, defamation, disparagement, harassment, segregation,
humiliation or discrimination directed at that person;
(d)invasion or other violation of any right of privacy or publicity;
(e)breach of any implied or express covenant; or
(f)proceedings or actions under any Canadian federal, territorial, or provincial human rights code or
under Title VII of the 1964 Civil Rights Act of the United States of America, including any
amendments thereto; and
(2)the spouse, common law partner, domestic partner, child, parent, brother or sister of that person as a
consequence of any injury or damage to the person in respect of whom any of the employment-related
practices described in Paragraphs (a), (b), (c), (d), (e) or (f) above are directed.
This exclusion applies:
(1)whenever the Insured may be held liable as an employer or in any other capacity; and
(2)to any obligation to share Compensatory Damages with or repay someone else who must pay
Compensatory Damages because of the injury.
n.Recording and Distribution of Material or Information in Violation of Law
Personal and Advertising Injury arising directly or indirectly out of any act or omission that violates or is
alleged to violate:
(1)any federal, provincial or territorial Consumer Protection Act, The Telephone Consumer Protection Act
(TCPA), including any similar laws and any amendments thereto;
(2)any federal, provincial or territorial Canadian Anti-Spam Law or The CAN-SPAM Act of 2003, including
any similar laws and any amendments thereto;
(3)any federal, provincial or territorial Credit Reporting Act or The Fair Credit Reporting Act (FCRA),
including any similar laws and any amendments thereto;
(4)any other federal, provincial or territorial statute, ordinance, regulation, law, and any amendments made
thereto, that address, prohibit or limit the printing, dissemination, disposal, collecting, recording,
sending, transmitting, communicating or distribution of material or information.
o.Data-Related Liability and Access or Disclosure of Confidential or Personal Information
Personal and Advertising Injury arising out of any access to or disclosure of any person’s or
organization's confidential or personal information, including but not limited to patents, trade secrets,
processing methods, customer lists, financial information, credit card information, health information or any
other type of non-public information.
p.Asbestos – see Common Exclusions.
q.Fungi or Spores – see Common Exclusions.
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r.Lead – see Common Exclusions.
s.Nuclear Energy Liability – see Common Exclusions.
t.Pollution Liability – see Common Exclusions.
u.Silica – see Common Exclusions.
v.Terrorism – see Common Exclusions.
w.War Risks – see Common Exclusions.
COVERAGE C.MEDICAL PAYMENTS
1.Insuring Agreement
a.The Insurer will pay medical expenses as described below for Bodily Injury caused by an accident:
(1)on premises the Named Insured owns or rents;
(2)on ways next to premises the Named Insured owns or rents; or
(3)because of the Named Insured’s operations;
provided that:
(1)the accident takes place in the Coverage Territory and during the policy period;
(2)the expenses are incurred and reported to the Insurer within one (1) year of the date of the accident;
and
(3)the injured person submits to examination, at the Insurer’s expense, by physicians of the Insurer’s
choice as often as the Insurer reasonably requires.
b.The Insurer will make these payments regardless of fault. These payments will not exceed the applicable
limit of insurance as described in SECTION III – LIMITS OF INSURANCE. The Insurer will pay reasonable
expenses for:
(1)first aid administered at the time of an accident;
(2)necessary medical, surgical, x-ray and dental services, including prosthetic devices; and
(3)necessary ambulance, hospital, professional nursing and funeral services.
2.Exclusions
The Insurer will not pay expenses for Bodily Injury:
a.Any Insured
To any Insured, except Volunteer Workers.
b.Hired Person
To a person hired to do work for or on behalf of any Insured or a tenant of any Insured.
c.Injury on Normally Occupied Premises
To a person injured on that part of premises the Named Insured owns or rents that the person normally
occupies.
d.Workers’ Compensation and Similar Laws
To a person, whether or not an Employee of any Insured, if benefits for the Bodily Injury are payable or
must be provided under a workers’ compensation or disability benefits law or a similar law.
e.Athletics Activities
To a person injured while practicing, instructing or participating in any physical exercises or games, sports or
athletic contests.
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f.Products-Completed Operations Hazard
Included within the Products-Completed Operations Hazard.
g.Coverage A Exclusions
Excluded under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY.
COVERAGE D.TENANTS’ LEGAL LIABILITY
1.Insuring Agreement
a.The Insurer will pay those sums that the Insured becomes legally obligated to pay as Compensatory
Damages because of Property Damage to which this insurance applies. This insurance applies only to
Property Damage to premises of others rented to the Named Insured or occupied by the Named Insured.
The Insurer will have the right and duty to defend the Insured against any Action seeking those
Compensatory Damages. However, the Insurer will have no duty to defend the Insured against any Action
seeking Compensatory Damages for Property Damage to which this insurance does not apply. The
Insurer may, at the Insurer’s discretion, investigate any Occurrence and settle any claim or Action that may
result. But:
(1)the amount the Insurer will pay for Compensatory Damages is limited as described in SECTION III –
LIMITS OF INSURANCE and is subject to the Deductible Clause shown in SECTION III – LIMITS OF
INSURANCE; and
(2)the Insurer’s right and duty to defend ends when the Insurer has used up the applicable limit of
insurance in the payment of judgments or settlements under COVERAGES A, B, or D or medical
expenses under COVERAGE C.
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided
for under SUPPLEMENTARY PAYMENTS – COVERAGES A, B and D.
b.This insurance applies to Property Damage only if:
(1)the Property Damage is caused by an Occurrence that takes place in the Coverage Territory;
(2)the Property Damage occurs during the policy period; and
(3)prior to the policy period, no Insured listed under Paragraph 1. of SECTION II – WHO IS AN INSURED
or any Employee authorized by the Named Insured to give or receive notice of an Occurrence or
claim, knew that the Property Damage had occurred, in whole or in part. If such a listed Insured or
authorized Employee knew, prior to the policy period, that the Property Damage occurred, then any
continuation, change or resumption of such Property Damage during or after the policy period will be
deemed to have been known prior to the policy period.
c.Property Damage which occurs during the policy period and was not, prior to the policy period, known to
have occurred by any Insured listed under Paragraph 1. of SECTION II – WHO IS AN INSURED or any
Employee authorized by the Named Insured to give or receive notice of an Occurrence or claim, includes
any continuation, change or resumption of that Property Damage after the end of the policy period.
d.Property Damage will be deemed to have been known to have occurred at the earliest time when any
Insured listed under Paragraph 1. of SECTION II – WHO IS AN INSURED or any Employee authorized by
the Named Insured to give or receive notice of an Occurrence or claim:
(1)reports all, or any part, of the Property Damage to the Insurer or any other insurer;
(2)receives a written or verbal demand or claim for Compensatory Damages because of the Property
Damage; or
(3)becomes aware by any other means that Property Damage has occurred or has begun to occur.
2.Exclusions
This insurance does not apply to:
a.Expected or Intended Injury
Property Damage expected or intended from the standpoint of any Insured.
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b.Contractual Liability
Property Damage for which the Insured is obligated to pay Compensatory Damages by reason of the
assumption of liability in a contract or agreement. This exclusion does not apply to liability for
Compensatory Damages that the Insured would have in the absence of the contract or agreement.
c.Wear and Tear
Property Damage for wear and tear, gradual deterioration, normal up-keep, sudden or latent defect or
inherent vice.
d.Faulty Workmanship, Design and Material
Property Damage for the cost for making good:
(1)faulty or improper material(s);
(2)faulty or improper workmanship; or
(3)faulty or improper design.
Provided, however, to the extent otherwise insured and not otherwise excluded under this Policy, resultant
Property Damage is insured.
e.Asbestos – see Common Exclusions.
f.Fungi or Spores – see Common Exclusions.
g.Lead – see Common Exclusions.
h.Nuclear Energy Liability – see Common Exclusions.
i.Pollution Liability – see Common Exclusions.
j.Silica – see Common Exclusions.
k.Terrorism – see Common Exclusions.
l.War Risks – see Common Exclusions.
COMMON EXCLUSIONS – COVERAGES A, B, C and D
This insurance does not apply to:
1.Asbestos
Bodily Injury, Property Damage, or Personal and Advertising Injury related to or arising from any actual or
alleged liability for any legal remedy of any kind whatsoever (including but not limited to damages, interest,
mandatory or other injunctive relief, statutory orders or penalties, legal or other costs, or expenses of any kind) in
respect of actual or threatened loss, damage, cost or expense directly or indirectly caused by, resulting from, in
consequence of or in any way involving, asbestos or any materials containing asbestos in whatever form or
quantity.
This exclusion applies regardless of any other contributing or aggravating cause or event that contributes
concurrently or in any sequence to the Bodily Injury, Property Damage or Personal and Advertising Injury.
2.Fungi or Spores
a.Bodily Injury, Property Damage or Personal and Advertising Injury or any other cost, loss or expense
incurred by others, arising directly or indirectly from the actual, alleged or threatened inhalation of, ingestion
of, contact with, exposure to, existence of, presence of, spread of, reproduction, discharge or other growth of
any Fungi or Spores however caused, including any costs or expenses incurred to prevent, respond to, test
for, monitor, abate, mitigate, remove, cleanup, contain, remediate, treat, detoxify, neutralize, assess or
otherwise deal with or dispose of Fungi or Spores;
b.any supervision, instructions, recommendations, warnings, or advice given or which should have been given
in connection with a. above; or
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c.any obligation to pay damages, share damages with or repay someone else who must pay damages
because of such injury or damage referred to in a. or b. above.
This exclusion applies regardless of any other contributing or aggravating cause or event that contributes
concurrently or in any sequence to the Bodily Injury, Property Damage or Personal and Advertising Injury.
For the purpose of the following exception:
(i)Property Damage means physical injury to animals.
(ii)Products-Completed Operations Hazard means all Bodily Injury or Property Damage that arises out of
The Named Insured’s Product provided the Bodily Injury or Property Damage occurs after the Named
Insured has relinquished physical possession The Named Insured’s Product.
This exclusion does not apply to Bodily Injury or Property Damage included in the Products-Completed
Operations Hazard arising directly or indirectly from Fungi or Spores that are found in or on, or are, “The
Named Insured’s Product, and the Named Insured intends The Named Insured’s Product to be:
(1)applied topically to; or
(2)ingested by;
humans or animals.
3.Lead
Bodily Injury, Property Damage, or Personal and Advertising Injury or medical expenses related or
attributed to, arising out of, in whole or in part either directly or indirectly caused by the ingestion, use, mining,
distribution, handling, sale, abatement, enclosure, exposure or removal, inhalation or absorption of Lead or Lead
based products in any form.
This exclusion applies to any costs, including any Supplementary Payments, loss or expenses arising out of the
presence, ingestion, inhalation, or absorption of or exposure to Lead in any form or any products containing
Lead. The Insurer has no duty to defend the Insured or investigate any Action, claim or Occurrence which may
arise.
This exclusion applies, but is not limited to:
a.any liability assumed by the Insured under any written or oral contract or agreement;
b.any obligation to pay or comply with any request, demand, order or statutory or regulatory requirement, or
any other action authorized or required by law, or any loss cost or expense arising out of or relating to the
investigation of, abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying,
neutralizing, remediation or disposing of, or responding to or assessing the effects of Lead as well as any
cost, fees, expenses, penalties, judgements, fines or sanctions arising from or relating thereto;
c.any actual, alleged, or threatened exposure to, consumption of, ingestion of, inhalation of, absorption of,
existence of or presence of Lead in any manner or form whatsoever, either directly or indirectly or in whole
or in part;
d.any actual or alleged failure to advise, warn or instruct related to any Lead in any manner or form
whatsoever, either indirectly or indirectly or in whole or in part; and
e.any actual or alleged presence of Lead in any manner or form whatsoever, in any place whatsoever
including, but not limited to, within a building, product, building component or building structure including any
contents.
4.Nuclear Energy Liability
a.Liability imposed by or arising from any nuclear liability act, law or statute, or any law amendatory thereof;
b.Bodily Injury, Property Damage or Personal and Advertising Injury with respect to which an Insured
under this Policy who is also insured under a contract of nuclear energy liability insurance (whether the
Insured is unnamed in such contract and whether or not it is legally enforceable by the Insured) issued by
the Nuclear Insurance Association of Canada or any other insurer or group or pool of insurers or would be
an insured under any such policy but for its termination upon exhaustion of its limits of insurance;
c.Bodily Injury, Property Damage or Personal and Advertising Injury resulting directly or indirectly from
the Nuclear Energy Hazard arising from:
(1)the ownership, maintenance, operation or use of a Nuclear Facility by or on behalf of an Insured;
(2)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; or
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(3)the possession, consumption, use, handling, disposal or transportation of Fissionable Substances, or
of other Radioactive Material (except radioactive isotopes, away from a Nuclear Facility, which have
reached the final stage of fabrication so as to be useable for any scientific, medical, agricultural,
commercial or industrial purpose) used, distributed, handled or sold by an Insured.
This exclusion also applies regardless of any other contributing or aggravating cause or event that contributes
concurrently or in any sequence to the Bodily Injury, Property Damage or Personal and Advertising Injury.
5.Pollution Liability
a.Bodily Injury, Property Damage or Personal and Advertising Injury arising out of the actual, alleged or
threatened spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of
Pollutants:
(1)which occurred prior to the policy period shown in the Declarations;
(2)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. However, this subparagraph does not apply to:
(a)Bodily Injury if sustained within a building and caused by smoke, fumes, vapour or soot from
equipment 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;
(b)Bodily Injury or Property Damage for which the Named Insured may be held liable, if the Named
Insured is a contractor and the owner or lessee of such premises, site or location has been added
to the Named Insured’s policy as an additional insured with respect to the Named Insured’s
ongoing operations performed for that additional insured at that premises, site or location and such
premises, site or location is not and never was owned or occupied by, or rented or loaned to, any
Insured, other than that additional insured; or
(c)Bodily Injury or Property Damage arising out of heat, smoke or fumes from, or fire extinguishing
substances used to fight, a Hostile Fire;
(3)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;
(4)which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste
by or for:
(a)any Insured or;
(b)any person or organization for whom the Insured may be legally responsible; or
(5)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 if the Pollutants are
brought on or to the premises, site or location in connection with such operations by such Insured,
contractor or subcontractor. However, this subparagraph does not apply to:
(a)Bodily Injury or Property Damage arising out of the escape of fuels, lubricants or other operating
fluids which are needed to perform the normal electrical, hydraulic or mechanical functions
necessary for the operation of Mobile Equipment or its parts, if such fuels, lubricants or other
operating fluids escape from a permanent and integral mobile equipment 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;
(b)Bodily Injury or Property Damage sustained within a building and caused by the release of
gases, fumes or vapours from materials brought into that building in connection with operations
being performed by the Named Insured or on the Named Insured’s behalf by a contractor or
subcontractor; or
(c)Bodily Injury or Property Damage arising out of heat, smoke or fumes from, or fire extinguishing
substances used to fight, a Hostile Fire.
(6)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 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;
(7)to the extent that any Bodily Injury or Property Damage is included in the Products-Completed
Operations Hazard.
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b.Any fines or penalties assessed against or imposed upon any Insured arising out of the actual, alleged,
potential or threatened spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape
of Pollutants.
c.Any loss, cost or expense arising out of any:
(1)request, demand, order or statutory or regulatory requirement, or any other action authorized or
required by law, that any Insured or others investigate, test for, monitor, clean up, remove, dispose of,
contain, treat, abate, remediate, detoxify or neutralize, or in any way respond to, or assess the effects of
Pollutants; or
(2)claim or Action by or on behalf of a governmental authority for Compensatory 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, this section c. does not apply to liability for Compensatory Damages because of Property
Damage that the insured would have in the absence of such request, demand, order or statutory or
regulatory requirement, or such claim or Action by or on behalf of a governmental authority.
6.Silica
Bodily Injury, Property Damage, or Personal and Advertising Injury or medical expenses that arise out of,
relate to or result from:
a.the actual, alleged or threatened exposure to, consumption of, ingestion of, inhalation of or absorption of,
Silica, either directly or indirectly;
b.the actual, alleged or threatened exposure to, consumption of, ingestion of, inhalation of, absorption of,
existence of or presence of Silica Dust either directly or indirectly;
c.the actual or alleged failure to warn, advise or instruct related to Silica in any manner or form whatsoever; or
d.the actual or alleged failure to prevent exposure to Silica.
This exclusion includes but is not limited to compliance with any request, demand, order, or statutory or
regulatory requirement, or any other action authorized or required by law, or any other claim, Action, demand,
loss, cost or expense directly or indirectly arising out of, relating to or resulting from the investigation of, abating,
testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediation or
disposing of, or in any way responding to, or assessing the effects of Silica, as well as any costs, fees,
expenses, penalties, judgments, fines, or sanctions arising or resulting therefrom or relating thereto.
This exclusion also applies regardless of any other contributing or aggravating cause or event that contributes
concurrently or in any sequence to the Bodily Injury, Property Damage or Personal and Advertising Injury.
7.Terrorism
Bodily Injury, Property Damage or Personal and Advertising Injury arising directly or indirectly, in whole or in
part, out of Terrorism or out of any activity or decision of a government agency or other entity to prevent,
respond to or terminate Terrorism.
This exclusion applies regardless of any other contributing or aggravating cause or event that contributes
concurrently or in any sequence to the Bodily Injury, Property Damage or Personal and Advertising Injury.
8.War Risks
Bodily Injury, Property Damage or Personal and Advertising Injury arising directly or indirectly, in whole or in
part, out of war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion,
revolution, insurrection or military power.
This exclusion applies regardless of any other contributing or aggravating cause or event that contributes
concurrently or in any sequence to the Bodily Injury, Property Damage or Personal and Advertising Injury.
SUPPLEMENTARY PAYMENTS – COVERAGES A, B and D
1.The Insurer will pay, with respect to any claim the Insurer investigates or settles, or any Action against an
Insured that the Insurer defends:
a.All expenses the Insurer incurs.
b.The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance.
The Insurer does not have to furnish these bonds.
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c.All reasonable expenses incurred by the Insured at the Insurer’s request to assist in the investigation or
defence of the claim or Action, including actual loss of earnings up to $250 a day because of time off from
work.
d.All costs assessed or awarded against the Named Insured in the Action.
e.Any interest accruing after the entry of judgment upon that part of the judgment which is within the
applicable limit of insurance and before the Insurer has paid, offered to pay, or deposited in court the part of
the judgment that is within the applicable limit of insurance.
These payments will not reduce the limits of insurance.
2.If the Insurer defends an Insured against an Action and an indemnitee of the Insured is also named as a party to
the Action, the Insurer will defend that indemnitee if all of the following conditions are met:
a.the Action against the indemnitee seeks Compensatory Damages for which the Insured has assumed the
liability of the indemnitee in a contract or agreement that is an Insured Contract;
b.this insurance applies to such liability assumed by the Insured;
c.the obligation to defend, or the cost of the defence of, that indemnitee, has also been assumed by the
Insured in the same Insured Contract;
d.the allegations in the Action and the information the Insurer knows about the Occurrence are such that no
conflict appears to exist between the interests of the Insured and the interests of the indemnitee;
e.the indemnitee and the Insured ask the Insurer to conduct and control the defence of that indemnitee
against such Action and agree that the Insurer can assign the same counsel to defend the Insured and the
indemnitee; and
f.the indemnitee:
(1)agrees in writing to:
(a)cooperate with the Insurer in the investigation, settlement or defence of the Action;
(b)immediately send the Insurer copies of any demands, notices, summonses or legal papers
received in connection with the Action;
(c)notify any other insurer whose coverage is available to the indemnitee; and
(d)cooperate with the Insurer with respect to coordinating other applicable insurance available to the
indemnitee; and
(2)provides the Insurer with written authorization to:
(a)obtain records and other information related to the Action; and
(b)conduct and control the defence of the indemnitee in such Action.
So long as the above conditions are met, legal fees incurred by the Insurer in the defence of that indemnitee,
necessary litigation expenses incurred by the Insurer and necessary litigation expenses incurred by the
indemnitee at the Insurer’s request will be paid as Supplementary Payments. Notwithstanding the provisions of
Paragraph 2.b. (2) of SECTION 1 – COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY,
such payments will not be deemed to be Compensatory Damage for Bodily Injury and Property Damage and
will not reduce the limits of insurance.
The Insurer’s obligation to defend an Insured’s indemnitee and to pay for legal fees and necessary litigation
expenses as Supplementary Payments ends when:
a.the Insurer has used up the applicable limit of insurance in the payment of judgments or settlements; or
b.the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer
met.
SECTION II – WHO IS AN INSURED
1.If the Named Insured listed in the Declarations is:
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, limited liability 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.
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d.an organization other than a partnership, limited liability 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
shareholders are also Insureds, but only with respect to their liability as shareholders.
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 only while performing duties related to the conduct of the Named
Insured’s business, or 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, limited liability 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:
(1)Bodily Injury or Personal and Advertising Injury:
(a)to the Named Insured, to the Named Insured’s partners or members (if the Named Insured is a
partnership, limited liability partnership or joint venture), to the Named Insured’s members (if the
Named Insured is a limited liability company) the Named Insured’s trustees and Executive
officers;
(b)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 Worker(s)
while performing duties related to the conduct of the Named Insured’s business;
(c)to the spouse, common law partner, domestic partner, child, parent, brother or sister of any
Employee, co-Employee or Volunteer Worker as a consequence of Paragraph (1)(a) above;
(d)for which there is any obligation to share Compensatory Damages with or repay someone else
who must pay Compensatory Damages because of the injury described in Paragraphs (1)(a) or
(b) above;
(e)to any person who at the time of injury is entitled to benefits under any workers’ compensation or
disability benefits law or similar law; or
(f)arising out of his or her providing or failing to provide professional health care services.
(2)Property Damage to property that is:
(a)owned, occupied or used by; or
(b)rented to, loaned to, in the care, custody or control of, or over which physical control is being
exercised for any purpose by:
(i)the Named Insured;
(ii) any of the Named Insured’s Employees, Volunteer Workers;
(iii)any partner or member (if the Named Insured is a partnership, limited liability partnership or
joint venture);
(iv)the Named Insured’s trustees and Executive Officers; or
(v)any manager (if the Named Insured is a limited liability company).
b.Any person (other than the Named Insured’s Employee or Volunteer Worker), or any organization while
acting as the Named Insured’s real estate manager.
c.Any person or organization having proper temporary custody of the Named Insured’s property if the Named
Insured dies, but only:
(1)with respect to liability arising out of the maintenance or use of that property; and
(2)until the Named Insured’s legal representative has been appointed.
d.The Named Insured’s legal representative if the Named Insured dies, but only with respect to such duties.
That representative will have all of the Named Insured’s rights and duties under this Policy.
e. The Named Insured’s unit or strata lot owners and any tenants, but only with respect to the conduct of the
corporation for liability arising out of the common property, excluding liability arising out of the owner’s or
tenant’s possession, occupation or use of property designated for exclusive use.
3.Any organization the Named Insured newly acquires or forms, other than a partnership, limited liability
partnership or joint venture or limited liability company, and over which the Named Insured maintains ownership
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or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that
organization. However:
a.coverage under this provision is afforded only until the ninetieth (90th) day after the Named Insured acquires
or forms the organization or the end of the policy period, whichever is earlier;
b.COVERAGES A and D do not apply to Bodily Injury or Property Damage that occurred before the Named
Insured acquired or formed the organization; and
c.COVERAGE B does not apply to Personal and Advertising Injury arising out of an offence committed
before the Named Insured acquired or formed the organization.
4.No person or organization is an Insured with respect to the conduct of any current or past partnership, limited
liability partnership, joint venture, trust or limited liability company that is not shown as a Named Insured in the
Declarations.
SECTION III – LIMITS OF INSURANCE
1.The Limits of Insurance shown in the Declarations and the rules below fix the most the Insurer will pay
regardless of the number of:
a.Insureds;
b.claims made or Actions brought; or
c.persons or organizations making claims or bringing Actions.
2.The General Aggregate Limit, as shown in the Declarations, is the most the Insurer will pay for the sum of:
a.Compensatory Damages under COVERAGE A, except Compensatory Damages because of Bodily
Injury or Property Damage included in the Products-Completed Operations Hazard;
b.Compensatory Damages under COVERAGE B; and
c.medical expenses under COVERAGE C.
3.The Products-Completed Operations Aggregate Limit, as shown in the Declarations, is the most the Insurer will
pay under COVERAGE A for Compensatory Damages because of Bodily Injury and Property Damage
included in the Products-Completed Operations Hazard.
4.Subject to Paragraph 2. above, the Personal and Advertising Injury Limit, as shown in the Declarations, is the
most the Insurer will pay under COVERAGE B for the sum of all Compensatory Damages because of all
Personal and Advertising Injury sustained by any one person or organization.
5.Subject to Paragraphs 2. or 3. above, whichever applies, the Each Occurrence Limit, as shown in the
Declarations is the most the Insurer will pay for the sum of:
a.Compensatory Damages under COVERAGE A; and
b.medical expenses under COVERAGE C
because of all Bodily Injury and Property Damage arising out of any one Occurrence. Any sums the Insurer
pays will reduce the amount of applicable aggregate limit available for any other payment.
6.The Tenants’ Legal Liability Limit, as shown in the Declarations, is the most the Insurer will pay under
COVERAGE D for Compensatory Damages because of Property Damage to any one premises.
7.Subject to Paragraph 5. above, the Medical Payments Limit, as shown in the Declarations, is the most the
Insurer will pay under COVERAGE C for all medical expenses because of Bodily Injury sustained by any one
person.
The Limits of Insurance of this Policy apply separately to each consecutive annual period and to any remaining period
of less than twelve (12) months, starting with the beginning of the policy period shown in the Declarations, unless the
policy period is extended after issuance for an additional period of less than twelve (12) months. In that case, the
additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance.
8.Deductible
a.The Insurer’s obligation under Property Damage Liability, Bodily Injury Liability and Tenants' Legal Liability
to pay Compensatory Damages on behalf of the Named Insured applies only to the amount of
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Compensatory Damages in excess of any deductible amounts stated in the Declarations as applicable to
such coverages, and the limit of insurance applicable to each Occurrence for Property Damage Liability,
Bodily Injury Liability and any one premises for Tenants' Legal Liability coverage will be reduced by the
amount of such deductible.
b.The deductible amounts stated in the Declarations apply as follows:
(1)under COVERAGE A: to all Compensatory Damages because of Bodily Injury and Property
Damage as the result of any one Occurrence, regardless of the number of persons or organizations
who sustain Compensatory Damages because of that Occurrence.
(2) under COVERAGE D, Tenants' Legal Liability to all Compensatory Damages because of Property
Damage as the result of any one Occurrence, regardless of the number of persons or organizations
who sustain Compensatory Damages because of that Occurrence.
c.The terms of this insurance, including those in respect to:
(1)the Insurer’s right and duty to defend any Action seeking those Compensatory Damages; and
(2)the Named Insured’s duties in the event of an Occurrence, claim or Action;
apply irrespective of the application of the deductible amount.
d.The Insurer may pay any part or all of the deductible amount to effect settlement of any claim or Action and,
upon notification of the action taken, the Named Insured shall promptly reimburse the Insurer for such part of
the deductible amount as has been paid by the Insurer.
All damages arising out of one lot of goods or products prepared or acquired by the Named Insured, the Named
Insured’s Employees or by another trading under the Named Insured’s name, shall be considered as arising out
of one Occurrence as regards to Bodily Injury and Property Damage.
The Insurer may pay all or part of the applicable deductible amount to effect settlement of any claim or Action
and, upon notification of the action taken, the Named Insured shall promptly reimburse the Insurer for such part
of the deductible amount as has been paid by the Insurer. The Named Insured’s duties in the event of an claim
or Action apply irrespective of the application of the deductible amount.
SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS
1.Bankruptcy
Bankruptcy or insolvency of the Insured or of the Insured’s estate will not relieve the Insurer of the Insurer’s
obligations under this Policy.
2.Canadian Currency Clause
All limits of insurance, premiums and other amounts as expressed in this Policy are in Canadian currency.
3.Changes
This Policy contains all the agreements between the Named Insured and the Insurer concerning the insurance
afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this
Policy with the Insurer’s consent. This Policy’s terms can be amended or waived only by endorsement issued by
the Insurer and made a part of this Policy.
4.Duties in the Event of Occurrence, Offence, Claim or Action
a.The Named Insured must see to it that the Insurer is notified as soon as practicable of an Occurrence or an
offence, regardless of the amount, which may result in a claim. To the extent possible, notice should include:
(1)how, when and where the Occurrence or offence took place;
(2)the names and addresses of any injured persons and witnesses; and
(3)the nature and location of any injury or damage arising out of the Occurrence or offence.
Notice of an Occurrence or an offence is not notice of a claim or Action.
b.If a claim is made or Action is brought against any Insured, the Named Insured must:
(1)immediately record the specifics of the claim or Action and the date received; and
(2)notify the Insurer as soon as practicable.
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The Insured must see to it that the Insurer receive written notice of the claim or Action as soon as
practicable.
Any notice shall be deemed to have been given and received on the day and at the time it is so received by
the Insurer at the following address:
Casualty Claims Department
Trisura Guarantee Insurance Company
333 Bay Street, Suite 1610, Box 22
Toronto, Ontario M5H 2R2
Fax: (416) 214-9597
Email: claims@trisura.com
c.The Named Insured and any other involved Insured must:
(1)immediately send the Insurer copies of any demands, notices, summonses or any legal papers received
in connection with the claim or Action;
(2)authorize the Insurer to obtain records and other information;
(3)cooperate with the Insurer in the investigation or settlement of the claim or defence against the Action;
and
(4)assist the Insurer, upon the Insurer’s request, in the enforcement of any right against any person or
organization which may be liable to any insured because of injury or damage to which this insurance
may also apply.
d.No Insured will, except solely at that Insured’s own cost, voluntarily make a payment, assume any
obligation, or incur any expense, other than for first aid, without the Insurer’s consent.
5.Examination of the Named Insured’s Books and Records
The Insurer may examine and audit the Named Insured’s books and records as they relate to this Policy at any
time during the policy period and up to three (3) years afterward.
6.Governing Law and Service of Action
This Policy shall be construed according to the laws of the province or territory in Canada in which the Named
Insured has its head office.
In the event of the failure by the Insurer to pay any amount claimed to be due under this Policy or any dispute
whatsoever between any Insured and the Insurer relating to, arising from or involving this Policy (including but
not limited to, the interpretation or meaning of any defined or undefined terms or any other issue(s) of
interpretation impacting either the nature or scope of coverage provided by this Policy), it is hereby agreed and
understood that both the Insurer and all Insureds irrevocably submit and attorn to the jurisdiction of the provincial
or territorial superior court in Canada where either the Named Insured has its head office as listed in the
Declarations or where the Insurer has its head office in Canada.
Nothing in this condition constitutes or should be understood to constitute a waiver of the Insurer’s right to
commence a proceeding in any provincial or territorial superior court in Canada or to seek the stay or dismissal
of any proceeding against the Insurer to have the issues in that proceeding determined in a different provincial or
territorial superior court in Canada.
Further, no objection as to applicable law, forum or jurisdiction shall be raised by any Insured regardless of
where an Occurrence takes place, where the resulting Bodily Injury, Property Damage or Personal and
Advertising Injury is sustained or where the Action is commenced against any Insured.
Service of process in any Action may be made upon the Insurer’s Chief Executive Officer in Canada at the
Insurer’s address specified in Paragraph 10 of SECTION IV – COMMERCIAL GENERAL LIABILITY
CONDITIONS of this Policy.
7.Inspection
a.The Insurer has the right to:
(1)make inspections and surveys at any time;
(2)give the Named Insured reports on the conditions the Insurer finds; and
(3)recommend changes.
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b.The Insurer is not obligated to make any inspections, surveys, reports or recommendations and any such
actions the Insurer does undertake relate only to insurability and the premiums to be charged. The Insurer
does not make safety inspections. The Insurer does not undertake to perform the duty of any person or
organization to provide for the health or safety of workers or the public. The Insurer does not warrant that
conditions:
(1)are safe or healthful; or
(2)comply with any laws, regulations, codes or standards.
c.Paragraphs a. and b. of this condition apply not only to the Insurer, but also to any rating, advisory, rate
service or similar organization which makes insurance inspections, surveys, reports or recommendations.
8.Legal Action Against the Insurer
No person or organization has a right under this Policy:
a.To join the Insurer as a party or otherwise bring the Insurer into an Action asking for Compensatory
Damages from an Insured; or
b.To sue the Insurer on this Policy unless all of its terms have been fully complied with.
A person or organization may sue the Insurer to recover on an agreed settlement or on a final judgment against
any Insured; but the Insurer will not be liable for Compensatory Damages that are not payable under the terms
of this Policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement
and release of liability signed by the Insurer, the Named Insured and the claimant or the claimant’s legal
representative.
Every action or proceeding against an insurer for the recovery of insurance money payable under contract is
absolutely barred unless commenced within the time set out in the Insurance Act or other applicable legislation.
9.Named Insureds and Premiums
a.The first Named Insured shown in the Declarations:
(1)is responsible for all premiums due;
(2)is authorized to act on behalf of all persons or organizations insured under this Policy with respect to all
matters pertaining to their insurance afforded by this Policy; and
(3)will be the payee for any return premiums the Insurer pays;
b.Each Named Insured is jointly and severally liable for:
(1)all premiums due under this Policy;
(2)all obligations that arise due to any deductible or reimbursement amounts (as may be applicable)
including any claim expenses; and
(3)any other financial obligations of any Named Insured to the Insurer arising out of any agreements
contained in this Policy.
10.Notices
All notices, other than notice of occurrence, offence, claim or Action, shall be given in writing addressed to:
Casualty Solutions Department
Trisura Guarantee Insurance Company
333 Bay Street, Suite 1610, Box 22
Toronto, Ontario M5H 2R2
Fax: (416) 214-9597
11.Other Insurance
If other valid and collectible insurance is available to the Named Insured for a loss the Insurer covers under
COVERAGES A, B or D of this Policy, the Insurer’s obligations are limited as follows:
a.Primary Insurance
This insurance is primary except when b. below applies. If this insurance is primary, the Insurer’s obligations
are not affected unless any other insurance is also primary. Then, the Insurer will share with all that other
insurance by the method described in c. below.
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b.Excess Insurance
This insurance is excess over:
(1)Any of the other insurance, whether primary, excess, contingent or on any other basis:
(a)that is Property Insurance, including but not limited to Fire, Extended Coverage, Builder’s Risk,
Installation Floater or similar coverage for The Named Insured’s Work;
(b)that is Fire Insurance for premises rented to the Named Insured or temporarily occupied by the
Named Insured with permission of the owner;
(c)if the loss arises out of the maintenance or use of aircraft, Automobiles or watercraft to the extent
not subject to Exclusions e. or f. of SECTION I – COVERAGE A – BODILY INJURY AND
PROPERTY DAMAGE LIABILITY; or
(d)that is Professional or Medical Malpractice insurance.
(2)Any other primary insurance available to the Named Insured covering liability for Compensatory
Damages arising out of the premises or operations or products-completed operations for which the
Named Insured has been added as an additional insured by attachment of an endorsement.
When this insurance is excess, the Insurer will have no duty under COVERAGES A, B or D to defend the
Insured against any Action if any other insurer has a duty to defend the Insured against that Action. If no
other insurer defends, the Insurer will undertake to do so, but the Insurer will be entitled to the Insured’s
rights against all those other insurers.
When this insurance is excess over other insurance, the Insurer will pay only the Insurer’s share of the
amount of the loss, if any, that exceeds the sum of:
(1)the total amount that all such other insurance would pay for the loss in the absence of this insurance;
and
(2)the total of all deductible and self-insured amounts under all that other insurance.
The Insurer will share the remaining loss, if any, with any other insurance that is not described in this Excess
Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in
the Declarations of this Policy.
c.Method Of Sharing
If all of the other insurance permits contribution by equal shares, the Insurer will follow this method also.
Under this approach each insurer contributes equal amounts until each insurer has paid its applicable limit of
insurance or none of the loss remains, whichever comes first.
If any of the other insurance does not permit contribution by equal shares, the Insurer will contribute by
limits. Under this method, each insurer’s share is based on the ratio of its applicable limit of insurance to the
total applicable limits of insurance of all insurers.
12.Premium Adjustment
a.The Insurer will compute all premiums for this Policy in accordance with the Insurer’s rules and rates.
b.Premium shown in this Policy as advance premium is considered a deposit premium only. At the end of
each policy period the Insurer will compute the earned premium for that period, if such earned premium is
greater than the liability premium initially charged, the first Named Insured shall pay the excess to the
Insurer. If, however the earned premium is less than the liability premium initially charged, the Insurer will
return the excess to the first Named Insured subject to the minimum retained premium shown in the
Declarations.
c.The first Named Insured in the Declarations must keep records of the information the Insurer needs for
premium computation, and send the Insurer copies at such times as the Insurer may request.
13.Representations or Fraud
By accepting this Policy, the Named Insured agrees:
a.the statements in the Declarations are accurate and complete;
b.those statements are based upon representations the Named Insured made to the Insurer;
c.the Insurer has issued this Policy in reliance upon the Named Insured’s representations; and
d.this Policy is void in any case of fraud by the Named Insured as it relates to this Policy or any claim under
this Policy.
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14.Separation of Insureds, Cross Liability
Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Policy to the
first Named Insured, this insurance applies:
a.as if each Named Insured were the only Named Insured; and
b.separately to each Insured against whom claim is made or Action is brought.
15.Termination
a.The first Named Insured shown in the Declarations may terminate this Policy by mailing or delivering to the
Insurer advance written notice of termination.
b.The Insurer may terminate this Policy by mailing or delivering to the first Named Insured, written notice of
termination at least:
(1)fifteen (15) days before the effective date of termination if the Insurer terminates for non-payment of
premium; or
(2)thirty (30) days before the effective date of termination if the Insurer terminates for any other reason.
Except in Quebec if notice is mailed, termination takes effect 15 or 30 days after receipt of the letter by the
post office to which it is addressed depending upon the reason for termination. Proof of mailing will be
sufficient proof of notice.
c.The Insurer will mail the Insurer’s notice to the first Named Insured’s last known mailing address to the
Insurer.
d.Notice of termination will state the effective date of termination. The policy period will end on that date.
e.If this Policy is terminated, the Insurer will send the first Named Insured any premium refund due. If the
Insurer terminates, the refund will be pro rata. If the first Named Insured terminates, the refund may be less
than pro rata. The termination will be effective even if the Insurer has not made or offered a refund.
16.Transfer Of Rights Of Recovery Against Others To the Insurer
If the Insured has rights to recover all or part of any payment the Insurer has made under this Policy, those rights
are transferred to the Insurer. The Insured must do nothing after loss to impair the Insurer’s rights. At the
Insurer’s request, the Insured will bring Action or transfer those rights to the Insurer and help the Insurer enforce
them.
17.Transfer of the Named Insured’s Rights and Duties Under This Policy
The Named Insured’s rights and duties under this Policy may not be transferred without the Insurer’s written
consent except in the case of death of an individual Named Insured.
If the Named Insured dies, the Named Insured’s rights and duties will be transferred to the Named Insured’s
legal representative but only while acting within the scope of duties as the Named Insured’s legal representative.
Until the Named Insured’s legal representative is appointed, anyone having proper temporary custody of the
Named Insured’s property will have the Named Insured’s rights and duties but only with respect to that property.
SECTION V – DEFINITIONS
1.Abuse means, but is not limited to, any act or threat involving molestation, harassment, corporal punishment,
assault, battery, or any other form of physical, sexual, mental, psychological or emotional abuse.
2.Action means a civil proceeding in which Compensatory Damages because of Bodily Injury, Property
Damage or Personal and Advertising Injury to which this insurance applies are alleged. Action includes:
a.an arbitration proceeding in which such Compensatory Damages are claimed and to which the Insured
must submit or does submit with the Insurer’s consent; or
b.any other alternative dispute resolution proceeding in which such Compensatory Damages are claimed
and to which the Insured submits with the Insurer’s consent.
3.Advertisement means a notice that is broadcast or published to the general public or specific market segments
about the Named Insured’s goods, products or services for the purpose of attracting customers or supporters.
For the purposes of this definition:
a.notices that are published include material placed on the Internet or on similar electronic means of
communication; and
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b.regarding web-sites, only that part of a web-site that is about the Named Insured’s goods, products or
services for the purposes of attracting customers or supporters is considered an Advertisement.
4.Automobile means a self-propelled land motor vehicle, trailer or semitrailer (including machinery, apparatus or
equipment attached thereto) required by law to be insured under a contract evidenced by a motor vehicle liability
policy or any vehicle insured under such a contract.
5.Bodily Injury means bodily injury, sickness or disease sustained by a person and if arising out of the foregoing,
disability, emotional distress, mental anguish, mental injury, shock or death.
6.Compensatory Damages means damages due or awarded in payment for actual injury or economic loss.
Compensatory Damages does not include punitive or exemplary damages or the multiple portion of any
multiplied damage award.
7.Coverage Territory means:
a.Canada and the United States of America (including its territories and possessions);
b.International waters or airspace, but only if the injury or damage occurs in the course of travel or
transportation between any places included in a. above; or
c.All other parts of the world if the injury or damage arises out of:
(1)goods or products made or sold by the Named Insured in the territory described in a. above;
(2)the activities of an Insured person whose home is in the territory described in a. above, but is away for a
short time on the Named Insured’s business; or
(3)Personal and Advertising Injury offenses that take place through the Internet or similar electronic
means of communication
provided the Insured’s responsibility to pay Compensatory Damages is determined in an Action on the merits,
in the territory described in a. above or in a settlement the Insurer agrees to.
8.Electronic Data means information, facts or programs stored as or on, created or used on, or transmitted to or
from computer software, including but not limited to systems and applications software, hard or floppy disks, CD-
ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically
controlled equipment.
9.Employee includes a Leased Worker and a Temporary Worker.
10.Executive Officer means a person holding any of the officer positions created by the Named Insured’s charter,
constitution, by-laws or any other similar governing document.
11.Fissionable Substance means any prescribed substance that is, or from which can be obtained, a substance
capable of releasing atomic energy by nuclear fission.
12.Fungi includes, but is not limited to, any form or type of mould, yeast, mushroom or mildew whether or not
allergenic, pathogenic or toxigenic, and any substance, vapour or gas produced by, emitted from or arising out of
any Fungi or Spores or resultant mycotoxins, allergens or pathogens.
13.Hostile Fire means one which becomes uncontrollable or breaks out from where it was intended to be.
14.Impaired Property means tangible property, other than The Named Insured’s Product or The Named
Insured’s Work, that cannot be used or is less useful because:
a.it incorporates The Named Insured’s Product or The Named Insured’s Work that is known or thought to
be defective, deficient, inadequate or dangerous; or
b.the Named Insured has failed to fulfill the terms of a contract or agreement;
if such property can be restored to use by:
a.the repair, replacement, adjustment or removal of The Named Insured’s Product or The Named Insured’s
Work; or
b.the Named Insured fulfilling the terms of the contract or agreement.
15.Incidental Medical Malpractice Injury means Bodily Injury arising out of the rendering of or failure to render,
during the policy period, the following services:
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a.medical, surgical, dental, x-ray or nursing services or treatment or the furnishing of food or beverages in
connection therewith; or
b.the furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances;
by any Insured or any indemnitee causing the Incidental Medical Malpractice Injury who is not engaged in the
business or occupation of providing any of the services described in a. and b. above.
16.Insured Contract means:
a.a contract for a lease of premises. However, that portion of the contract for a lease of premises that
indemnifies any person or organization for damage to premises while rented to the Named Insured or
temporarily occupied by the Named Insured with permission of the owner is not an Insured Contract;
b.a sidetrack agreement;
c.an easement or license agreement in connection with vehicle or pedestrian private railroad crossings at
grade;
d.any other easement agreement;
e.an obligation, as required by ordinance or by-law, to indemnify a municipality, except in connection with work
for a municipality;
f.an elevator maintenance agreement;
g.that part of any other contract or agreement pertaining to the Named Insured’s business (including an
indemnification of a municipality in connection with work performed for a municipality) under which the
Named Insured assumes the tort liability of another party to pay for Compensatory Damages because of
Bodily Injury or Property Damage to a third person or organization, provided the Bodily Injury or
Property Damage is caused, in whole or in part, by the Named Insured or by those acting on the Named
Insured’s behalf. Tort liability means a liability that would be imposed by law in the absence of any contract
or agreement.
Paragraph g. does not include that part of any contract or agreement:
(1)that indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a)preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports,
surveys, field orders, change orders or drawings and specifications; or
(b)giving directions or instructions, or failing to give them, if that is the primary cause of the injury or
damage; or
(2)under which the Named Insured, if an architect, engineer or surveyor, assumes liability for an injury or
damage arising out of the Named Insured’s rendering or failure to render Professional Services,
including those listed in (1) above and any supervisory, inspection, architectural or engineering
activities.
17.Lead means, but is not limited to, Lead in any form, lead leachate, lead in any property or materials, heavy,
ductile, soft, solid, naturally occurring metallic element used in paints, pipes, solder, pottery and batteries and in
any substance, on land, in air, in water or any dust containing Lead.
18.Leased Worker means a person leased to the Named Insured by a labour leasing firm under an agreement
between the Named Insured and the labour leasing firm, to perform duties related to the conduct of the Named
Insured’s business. Leased Worker does not include a Temporary Worker.
19.Loading or Unloading means the handling of property:
a.after it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or
Automobile;
b.while it is in or on an aircraft, watercraft or Automobile; or
c.while it is being moved from an aircraft, watercraft or 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, that is not attached to the aircraft, watercraft or Automobile.
20.Nuclear Energy Hazard means the radioactive, toxic, explosive, or other hazardous properties of Radioactive
Material.
21.Nuclear Facility means:
a.any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a
critical mass of plutonium, thorium and uranium or any one or more of them;
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b.any equipment or device designed or used for:
(1)separating the isotopes of plutonium, thorium and uranium or any one or more of them;
(2)processing or utilizing spent fuel; or
(3)handling, processing or packaging waste;
c.any equipment or device used for the processing, fabricating or alloying of plutonium, thorium or uranium
enriched in the isotope uranium 233 or in the isotope uranium 235, or any one or more of them if at any time
the total amount of such material 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;
d.any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste
Radioactive Material;
and includes the site on which any of the foregoing is located, together with all operations conducted thereon and
all premises used for such operations.
22.Occurrence means an accident, including continuous or repeated exposure to substantially the same general
harmful conditions.
23.Personal and Advertising Injury means injury, including consequential Bodily Injury, arising out of one or
more of the following offences:
a.false arrest, detention or imprisonment;
b.malicious prosecution;
c.the wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room,
dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor;
d.oral or written publication, in any manner, of material that slanders or libels a person or organization or
disparages a person’s or organization’s goods, products or services;
e.oral or written publication, in any manner, of material that violates a person’s right of privacy;
f.the use of another’s advertising idea in the Named Insured’s Advertisement; or
g.infringing upon another’s copyright, trade dress or slogan in the Named Insured’s Advertisement.
All Personal and Advertising Injury arising out of the same or similar material, regardless of the mode in which
such material is communicated, including but not limited to publication by means of Internet, extra-net, email or
website, will be considered as arising solely out of one offence.
24.Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, odour, vapour,
soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or
reclaimed.
25.Products-Completed Operations Hazard:
a.Includes all Bodily Injury and Property Damage occurring away from premises the Named Insured owns
or rents and arising out of The Named Insured’s Product or The Named Insured’s Work except:
(1)products that are still in the Named Insured’s physical possession; or
(2)work that has not yet been completed or abandoned. However, The Named Insured’s Work will be
deemed completed at the earliest of the following times:
(a)when all of the work called for in the Named Insured’s contract has been completed.
(b)when all of the work to be done at the job site has been completed if the Named Insured’s contract
calls for work at more than one job site.
(c)when that part of the work done at a job site has been put to its intended use by any person or
organization other than another contractor or subcontractor working on the same project.
Work that may need service, maintenance, correction, repair or replacement, but which is otherwise
complete, will be treated as completed.
b.Does not include Bodily Injury or Property Damage arising out of:
(1)the transportation of property, unless the injury or damage arises out of a condition in or on a vehicle
that is not owned or operated by the Named Insured, and that condition was created by the Loading or
Unloading of that vehicle by the Named Insured; or
(2)the existence of tools, uninstalled equipment or abandoned or unused materials.
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26.Professional Services shall include but not be limited to:
a.medical, surgical, dental, x-ray or nursing service or treatment, or the furnishing of food or beverages in
connection therewith;
b.any professional service or treatment conducive to health;
c.professional services of a pharmacist;
d.the furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances;
e.the handling or treatment of deceased human bodies including autopsies, organ donations or other
procedures;
f.any cosmetic, body piercing, tonsorial, massage, physiotherapy, chiropody, hearing aid, optical or
optometrical services or treatments;
g.the preparation or approval of maps, shop drawings, opinions, reports, surveys, field orders, change orders
or drawings and specifications;
h.supervisory, inspection, architectural, design or engineering services;
i.accountant’s, advertiser’s, notary’s (Quebec), public notary’s, paralegal’s, lawyer’s, real estate broker’s or
agent’s, insurance broker’s or agent’s, travel agent’s, financial institution’s, or consultant’s professional
advices or activities;
j.any computer programming or re-programming, consulting, advisory or related services; or
k.claim investigation, adjustment, appraisal, survey or audit services.
27.Property Damage means:
a.physical injury to tangible property, including all resulting loss of use of that property. All such loss of use
shall be deemed to occur at the time of the physical injury that caused it; or
b.loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at
the time of the Occurrence that caused it.
For the purposes of this insurance, Electronic Data is not tangible property.
28.Radioactive Material means uranium, thorium, plutonium, neptunium, their respective derivatives and
compounds, radioactive isotopes of other elements and any other substances which may be designated by or
pursuant to any law, act or statute, or law amendatory thereof as being prescribed substances capable of
releasing atomic energy, or as being requisite for the production, use or application of atomic energy.
29.Silica means, but is not limited to, any substance containing silicon dioxide (SiO2), including, but not limited to,
crystalline or non-crystalline silica, silica particles, silica compounds, Silica Dust or synthetic silica, including but
not limited to precipitated silica, silica gel, fumed silica or silica flour.
30.Silica Dust means dust containing Silica alone or mixed with any other dust or fiber(s).
31.Spores includes, but is not limited to, any reproductive particle or microscopic fragment produced by, emitted
from or arising out of any Fungi.
32.Temporary Worker means a person who is furnished to the Named Insured to substitute for a permanent
Employee on leave or to meet seasonal or short-term workload conditions.
33.Terrorism means an ideologically motivated unlawful act or acts, including but not limited to the use of violence
or force or threat of violence or force, committed by or on behalf of any group(s), organization(s) or
government(s) for the purpose of influencing any government and/or instilling fear in the public or a section of the
public.
34.The Named Insured’s Product:
a.Means:
(1)any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of
by:
(a)the Named Insured;
(b)others trading under the Named Insured’s name; or
(c)a person or organization whose business or assets the Named Insured has acquired; and
(2)containers (other than vehicles), materials, parts or equipment furnished in connection with such goods
or products.
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b.Includes:
(1)warranties or representations made at any time with respect to the fitness, quality, durability,
performance or use of The Named Insured’s Product; and
(2)the providing of or failure to provide warnings or instructions.
c.Does not include vending machines or other property rented to or located for the use of others but not sold.
35.The Named Insured’s Work:
a.Means:
(1)work or operations performed by the Named Insured or on the Named Insured’s behalf; and
(2)materials, parts or equipment furnished in connection with such work or operations.
b.Includes:
(1)warranties or representations made at any time with respect to the fitness, quality, durability,
performance or use of The Named Insured’s Work; and
(2)the providing of or failure to provide warnings or instructions.
36.Volunteer Worker means a person who is not the Named Insured’s Employee, and who donates his or her
work and acts at the direction of and within the scope of duties determined by the Named Insured, and is not
paid a fee, salary or other compensation by the Named Insured or anyone else for their work performed for the
Named Insured.
SECTION VI – DESCRIPTION OF TERMS USED FOR PREMIUM BASIS
1.Area - the total number of square metres of the buildings to be insured excluding that portion of the basement
used exclusively for storage or that portion of the premises used for heating or air conditioning plant purposes.
Rates apply per 100 square metres of area.
2.Cost of Work - the total cost of all operations performed for the Named Insured during the policy period by
independent contractors, including materials used or delivered for use by whomsoever supplied, except
maintenance or ordinary alterations and repairs on premises owned or rented by the Named Insured.
Rates apply per $1,000 of cost of work.
3.Revenue - the gross amount of money charged for all work or services performed by or on behalf of the Named
Insured or goods and products sold and distributed by the Named Insured or by others trading under the Named
Insured’s name during the policy period.
Rates apply per $1,000 of revenue.
4.Payroll - the total earnings during the policy period for each owner, partner, Executive Officer or Employee.
For Employer’s Liability, payroll not to exceed $5,000.00 for each owner, partner, Executive Officer or
Employee, in any one policy year.
Rates apply per $1,000 of payroll.
5.Other - rates apply per designated article (i.e. person, object, event).
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EMPLOYEE BENEFITS LIABILITY POLICY
Throughout this Policy the words Insured and Named Insured mean any person or organization qualifying as such
under SECTION II – WHO IS AN INSURED. The word Insurer refers to Trisura Guarantee Insurance Company.
Other words and phrases that appear in bold type have special meaning. Refer to SECTION VI – DEFINITIONS.
Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights, duties and
what is and is not covered.
SECTION I – COVERAGES
1.Insuring Agreement
a.The Insurer will pay those sums that the Insured becomes legally obligated to pay as Compensatory
Damages because of any act, error or omission of the Insured, or of any person for whom the Insured is
legally liable, to which this insurance applies. The Insurer will have the right and duty to defend the Insured
against any Action seeking those Compensatory Damages. However, the Insurer will have no duty to
defend the Insured in any Action seeking Compensatory Damages to which this insurance does not apply.
The Insurer may, at the Insurer’s discretion, investigate any report of an act, error or omission and settle any
Claim or Action that may result. But:
(1)the amount the Insurer will pay for Compensatory Damages is limited as described in SECTION III –
LIMITS OF INSURANCE; and
(2)the Insurer’s right and duty to defend ends when the Insurer has used up the applicable limit of
insurance in the payment of judgments or settlements under this Policy.
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided
for under SUPPLEMENTARY PAYMENTS.
b.This insurance applies to Compensatory Damages only if:
(1)the act, error or omission is negligently committed in the Administration of the Insured’s Employee
Benefit Program and takes place in the Coverage Territory;
(2)the act, error or omission did not take place after the end of the policy period; and
(3)a Claim for Compensatory Damages, because of an act, error or omission is first made against any
Insured, in accordance with Paragraph c. below, during the policy period or an Extended Reporting
Period the Insurer provides under SECTION V – EXTENDED REPORTING PERIOD.
c.A Claim seeking Compensatory Damages will be deemed to have been made at the earlier of the following
times:
(1)when notice of such Claim is received and recorded by any Insured or by the Insurer, whichever
comes first; or
(2)when the Insurer makes settlement in accordance with Paragraph 1.a. above.
d.All Claims for Compensatory Damages made by an Employee because of any act, error or omission, or a
series of related acts, errors or omissions, including Compensatory Damages claimed by such
Employee’s dependents and beneficiaries, will be deemed to have been made at the time the first of those
Claims is made against any Insured.
2.Exclusions
This insurance does not apply to:
a.Any Compensatory Damages arising out of any intentional, dishonest, fraudulent, criminal or malicious act,
error or omission, committed by any Insured, including the wilful or reckless violation of any statute.
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b.Bodily Injury, Property Damage or Personal and Advertising Injury.
c.Compensatory Damages arising out of failure of performance of contract by any Insurer.
d.Compensatory Damages arising out of an insufficiency of funds to meet any obligations under any plan
included in the Employee Benefit Program.
e.Any Claim based upon:
(1)failure of any investment or stock to perform;
(2)errors in providing information on past performance of investment vehicles; or
(3)advice given to any person with respect to that person’s decision to participate or not to participate in
any plan included in the Employee Benefit Program.
f.Any Claim arising out of the Insured’s failure to comply with any workers’ compensation, unemployment or
employment insurance, social security, federal or provincial pension plans, disability benefits law or any
similar law.
g.Compensatory Damages for which any Insured is liable because of liability imposed on a fiduciary by the
Employee Retirement Income Security Act of 1974 or amendments hereto or any regulations as are
promulgated there under.
h.Any Claim for benefits to the extent that such benefits are available, with reasonable effort and cooperation
of the Insured, from the applicable funds accrued or other collectible insurance.
i.Compensatory Damages arising out of wrongful termination of employment, discrimination, or other
employment-related practices.
j.Any Claim, the result of circumstances which any Insured had knowledge at the effective date of this
insurance.
k.Any Claim, the result of circumstances which any Insured could reasonably have foreseen at the effective
date of this insurance.
l.Any Claim for Compensatory Damages arising out of the loss of, loss of use of, damage to, corruption of,
inability to access, erroneously entering, deleting or amending Electronic Data or inability to manipulate
Electronic Data.
m.Any Claim for Compensatory Damages:
(1)arising directly or indirectly from Abuse committed or alleged to have been committed by an Insured,
including the transmission of disease arising out of any act of Abuse.
(2)based on the Named Insured’s practices of Employee hiring, acceptance of Volunteer Workers or any
supervision, investigation or retention of any person alleged to have committed Abuse; or
(3)alleging knowledge by an Insured of, or failure to report, the alleged Abuse to the appropriate
authority(ies).
This exclusion applies regardless of any other contributing or aggravating cause or event that contributes
concurrently or in any sequence to the Compensatory Damages.
n.Any Claim for Compensatory Damages related to or arising from any actual or alleged liability for any legal
remedy of any kind whatsoever (including but not limited to damages, interest, mandatory or other injunctive
relief, statutory orders or penalties, legal or other costs or expenses of any kind) in respect of actual or
threatened loss, damage, cost or expense directly or indirectly caused by, resulting from, in consequence of
or in any way involving, asbestos or any materials containing asbestos in whatever form or quantity.
This exclusion applies regardless of any other contributing or aggravating cause or event that contributes
concurrently or in any sequence to the Compensatory Damages.
o.Any Claim for Compensatory Damages:
(1)arising directly or indirectly, from the actual, alleged or threatened inhalation of, ingestion of, contact
with, exposure to, existence of, presence of, spread of, reproduction, discharge or other growth of any
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Fungi or Spores however caused, including any costs or expenses incurred to prevent, respond to,
test for, monitor, abate, mitigate, remove, cleanup, contain, remediate, treat, detoxify, neutralize, assess
or otherwise deal with or dispose of Fungi or Spores;
(2)any supervision, instructions, recommendations, warnings, or advice given or which should have been
given in connection with a. above; or
(3)any obligation to pay damages, share damages with or repay someone else who must pay damages
because of such injury or damage referred to in a. or b. above.
This exclusion also applies regardless of any other contributing or aggravating cause or event that
contributes concurrently or in any sequence to the Compensatory Damages
p.Any Claim for Compensatory Damages related or attributed to, arising out of, in whole or in part either
directly or indirectly caused by the ingestion, use, mining, distribution, handling, sale, abatement, enclosure,
exposure or removal, inhalation or absorption of Lead or Lead based products in any form.
This exclusion applies to any costs, including any Supplementary Payments, loss or expenses arising out of
the presence, ingestion, inhalation, or absorption of or exposure to Lead in any form or any products
containing Lead. The Insurer has no duty to defend the Insured or investigate any Action, claim or
Occurrence which may arise.
This exclusion applies, but is not limited to:
(1)any liability assumed by the Insured under any written or oral contract or agreement;
(2)any obligation to pay or comply with any request, demand, order or statutory or regulatory requirement,
or any other action authorized or required by law, or any loss cost or expense arising out of or relating
to the investigation of, abating, testing for, monitoring, cleaning up, removing, containing, treating,
detoxifying, neutralizing, remediation or disposing of, or responding to or assessing the effects of Lead
as well as any cost, fees, expenses, penalties, judgements, fines or sanctions arising from or relating
thereto;
(3)any actual, alleged, or threatened exposure to, consumption of, ingestion of, inhalation of, absorption of,
existence of or presence of Lead in any manner or form whatsoever, either directly or indirectly or in
whole or in part;
(4)any actual or alleged failure to advise, warn or instruct related to any Lead in any manner or form
whatsoever, either indirectly or indirectly or in whole or in part; and
(5)any actual or alleged presence of Lead in any manner or form whatsoever, in any place whatsoever
including, but not limited to, within a building, product, building component or building structure including
any contents.
q.(1)Any Claim for Compensatory Damages imposed by or arising from any nuclear liability act, law or
statute, or any law amendatory thereof;
(2)Any Claim for Compensatory Damages with respect to which an Insured under this Policy who is also
under a contract of nuclear energy liability insurance (whether the Insured is unnamed in such contract
and whether or not it is legally enforceable by the Insured) issued by the Nuclear Insurance Association
of Canada or any other insurer or group or pool of insurers or would be an insured under any such
policy but for its termination upon exhaustion of its limits of insurance;
(3)Any Claim for Compensatory Damages resulting directly or indirectly from the Nuclear Energy
Hazard arising from:
(a)the ownership, maintenance, operation or use of a Nuclear Facility by or on behalf of an Insured;
(b)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; or
(c)the possession, consumption, use, handling, disposal or transportation of Fissionable
Substances, or of other Radioactive Material (except radioactive isotopes, away from a nuclear
facility, which have reached the final stage of fabrication so as to be useable for any scientific,
medical, agricultural, commercial or industrial purpose) used, distributed, handled or sold by an
Insured.
This exclusion also applies regardless of any other contributing or aggravating cause or event that
contributes concurrently or in any sequence to the Compensatory Damages.
r.Any Claim for Compensatory Damages arising out of the actual, alleged or threatened spill, discharge,
emission, dispersal, seepage, leakage, migration, release or escape of Pollutants arising out of any:
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(1)request, demand, order, or statutory or regulatory requirement, or any other action authorized or
required by law, that any Insured or others investigate, test for, monitor, clean up, remove, dispose of,
contain, treat, abate, remediate, detoxify or neutralize, or in any way respond to, or assess the effects of
Pollutants; or
(2)Claim or Action by or on behalf of a governmental authority for Compensatory 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
This exclusion also applies regardless of any other contributing or aggravating cause or event that
contributes concurrently or in any sequence to the Compensatory Damages
s.Any Claim for Compensatory Damages arising out of:
(1)the actual, alleged or threatened exposure to, consumption of, ingestion of, inhalation of or absorption
of, Silica or Silica Dust, either directly or indirectly;
(2)the actual or alleged failure to warn, advise or instruct related to Silica in any manner or form
whatsoever; or
(3)the actual or alleged failure to prevent exposure to Silica.
This exclusion includes but is not limited to compliance with any request, demand, order, or statutory or
regulatory requirement, or any other action authorized or required by law, or any other Claim, Action,
demand, loss, cost or expense directly or indirectly arising out of, relating to or resulting from the
investigation of, abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying,
neutralizing, remediation or disposing of, or in any way responding to, or assessing the effects of Silica, as
well as any costs, fees, expenses, penalties, judgments, fines, or sanctions arising or resulting therefrom or
relating thereto.
This exclusion also applies regardless of any other contributing or aggravating cause or event that
contributes concurrently or in any sequence to the Compensatory Damages.
t.Any Claim for Compensatory Damages arising directly or indirectly, in whole or in part, out of Terrorism or
out of any activity or decision of a government agency or other entity to prevent, respond to or terminate
Terrorism.
This exclusion also applies regardless of any other contributing or aggravating cause or event that
contributes concurrently or in any sequence to the Compensatory Damages.
u.Any Claim for Compensatory Damages arising directly or indirectly, in whole or in part, out of war,
invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution,
insurrection or military power.
This exclusion also applies regardless of any other contributing or aggravating cause or event that
contributes concurrently or in any sequence to the Compensatory Damages.
SUPPLEMENTARY PAYMENTS
The Insurer will pay, with respect to any Claim the Insurer investigates or settles, or any Action against an Insured
the Insurer defends:
1.All expenses the Insurer incurs.
2.The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. The
Insurer does not have to furnish these bonds.
3.All reasonable expenses incurred by the Insured at the Insurer’s request to assist in the investigation or defence
of the Claim or Action, including actual loss of earnings up to $250 a day because of time off from work.
4.All costs assessed or awarded against the Insured in the Action.
5.Any interest accruing after the entry of judgment upon that part of the judgment which is within the applicable
limit of insurance and before the Insurer has paid, offered to pay, or deposited in court the part of the judgment
that is within the applicable limit of insurance.
These payments will not reduce the limits of insurance.
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SECTION II – WHO IS AN INSURED
1.If the Named Insured listed in the Declarations is:
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, limited liability 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, limited liability partnership 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 shareholders are also Insureds, but only with respect to their liability as shareholders.
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.Each of the Named Insured’s Employees who is authorized to administer the Named Insured’s Employee
Benefit Program.
b.Any persons, organizations or Employees having proper temporary authorization to administer the Named
Insured’s Employee Benefit Program if the Named Insured dies, but only until the Named Insured’s legal
representative is appointed.
c.The Named Insured’s legal representative if the Named Insured dies, but only with respect to duties as such.
That representative will have all of the Named Insured’s rights and duties under this Policy.
3.Any organization the Named Insured newly acquires or forms, other than a partnership, limited liability
partnership or joint venture or limited liability company, and over which the Named Insured maintains ownership
or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that
organization. However:
a.coverage under this provision is afforded only until the ninetieth (90th) day after the Named Insured acquires
or forms the organization or the end of the policy period, whichever is earlier; and
b.coverage under this provision does not apply to any act, error or omission that was committed before the
Named Insured acquired or formed the organization.
No person or organization is an Insured with respect to the conduct of any current or past partnership limited
liability partnership, joint venture, trust or limited liability company that is not shown as a Named Insured in the
Declarations.
SECTION III – LIMITS OF INSURANCE
1.a.The Limits of Insurance shown in the Declarations and the rules below fix the most the Insurer will pay
regardless of, as may be applicable, the number of:
(1)Insureds;
(2)Claims made or Actions brought;
(3)persons or organizations making Claims or bringing Actions;
(4)acts, errors or omissions; or
(5)benefits included in the Insured’s Employee Benefit Program.
b.The Aggregate Limit shown in the Declarations is the most the Insurer will pay for all Compensatory
Damages because of acts, errors or omissions negligently committed in the Administration of the Insured’s
Employee Benefit Program.
c.Subject to the Aggregate Limit shown in the Declarations, the Each Employee Limit is the most the Insurer
will pay for all damages sustained by any one Employee, including damages sustained by such
Employee’s dependents and beneficiaries, as a result of:
(a)an act, error or omission; or
(b)a series of related acts, errors or omissions
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negligently committed in the Administration of the Insured’s Employee Benefit Program.
However, any amounts paid under this Policy shall not exceed, and will be subject to, the limits and
restrictions that apply to the payment of benefits in any plan included in the Employee Benefit Program.
2.a.The Insurer’s obligation to pay Compensatory Damages on behalf of the Insured applies only to the
amount of Compensatory Damages in excess of the deductible amount stated in the Declarations as
applicable to Employee Benefits Liability. The Employee Benefits Each Employee Limit will be reduced by
this amount. The Employee Benefits Aggregate Limit shall not be reduced by the amount of this deductible.
b.The deductible amount stated in the Declarations applies to all Compensatory Damages sustained by any
one Employee, including such Employee’s dependents and beneficiaries, because of all acts, errors or
omissions to which this insurance applies.
c.The terms of this insurance, including those with respect to:
(1)the Insurer’s right and duty to defend any Actions seeking those damages; and
(2)the Named Insured’s duties, and the duties of any other involved Insured, in the event of an act, error or
omission, or Claim
apply irrespective of the application of the deductible amount.
d.The Insurer may pay all or part of the applicable deductible amount to effect settlement of any Claim or
Action and, upon notification to the Named Insured of any such step by the Insurer, the Named Insured
shall promptly reimburse the Insurer for such part of the deductible amount that has been paid by the
Insurer.
SECTION IV – EMPLOYEE BENEFITS LIABILITY CONDITIONS
1.Bankruptcy
Bankruptcy or insolvency of the Insured or of the Insured’s estate will not relieve the Insurer of the Insurer’s
obligations under this Policy.
2.Canadian Currency Clause
All limits of insurance, premiums and other amounts as expressed in this Policy are in Canadian currency.
3.Changes
This Policy contains all the agreements between the Named Insured and the Insurer concerning the insurance
afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this
Policy with the Insurer’s consent. This Policy’s terms can be amended or waived only by endorsement issued by
the Insurer and made a part of this Policy.
4.Duties in the Event of an Act, Error or Omission, or Claim or Action
a.The Named Insured must see to it that the Insurer is notified as soon as practicable of an act, error or
omission, which may result in a Claim. To the extent possible, notice should include:
(1)what the act, error or omission was and when it took place; and
(2)the names and addresses of anyone who may suffer damages as a result of the act, error or omission.
b.If a Claim is made or Action is brought against any Insured, the Named Insured must:
(1)immediately record the specifics of the Claim or Action and the date received; and
(2)notify the Insurer as soon as practicable.
c.The Named Insured and any other Insured involved must:
(1)immediately send the Insurer copies of any demands, notices, summonses or legal papers received in
connection with the Claim or Action;
(2)authorize the Insurer to obtain records and other information;
(3)cooperate with the insurer in the investigation or settlement of the Claim or defense against the Action;
and
(4)Assist the Insurer, upon the Insurer’s request, in the enforcement of any right against any person or
organization, which may be liable to the Insured because of an act, error or omission to which this
insurance may also apply.
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d.No Insured will, except at that Insured’s own cost, voluntarily make a payment, assume any obligation, or
incur any expense without the Insurer’s consent.
5.Legal Action Against the Insurer
No person or organization has a right under this Policy:
a.to join the Insurer as a party or otherwise bring the Insurer into an Action asking for Compensatory
Damages from an Insured; or
b.to sue the Insurer on this Policy unless all of its terms have been fully complied with.
A person or organization may sue the Insurer to recover on an agreed settlement or on a final judgment against
an Insured; but the Insurer will not be liable for Compensatory Damages, loss, costs or other expenses that are
not payable under the terms of this Policy or that are in excess of the applicable limit of insurance. An agreed
settlement means a settlement and release of liability signed by the Insurer, the Named Insured and the claimant
or the claimant’s legal representative.
Every action or proceeding against an Insurer for the recovery of insurance money payable under contract is
absolutely barred unless commenced within the time set out in the Insurance Act or other applicable legislation.
6.Other Insurance
If other valid and collectible insurance is available to the Insured for a loss the Insurer covers under this Policy,
the Insurer’s obligations are limited as follows:
a.Primary Insurance
This insurance is primary except when b. below applies. If this insurance is primary, the Insurer’s obligations
are not affected unless any other insurance is also primary. Then, the Insurer will share with all that other
insurance by the method described in c. below.
b.Excess Insurance
(1)This insurance is excess over any of the other valid and collectible insurance, whether primary, excess,
contingent or on any other basis that is effective prior to the beginning of the policy period shown in the
Declarations of this insurance and applies to an act, error or omission on other than a claims-made
basis, if the other insurance has a policy period which continues after the effective date shown in the
declarations of this insurance.
(2)When this insurance is excess, the Insurer will have no duty to defend the Insured against any Action if
any other insurer has a duty to defend the Insured against that Action. If no other insurer defends, the
Insurer will undertake to do so, but the Insurer will be entitled to the Insured’s rights against all those
other insurers.
(3)When this insurance is excess over other insurance, the Insurer will pay only the Insurer’s share of the
amount of the loss, if any, that exceeds the sum of:
(a)the total amount that all such other insurance would pay for the loss in the absence of this
insurance; and
(b)the total of all deductible and self-insured amounts under all that other insurance.
(4)The Insurer will share the remaining loss, if any, with any other insurance that is not described in this
Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance
shown in the Declarations of this Policy.
c.Method Of Sharing
If all of the other insurance permits contribution by equal shares, the Insurer will follow this method also.
Under this approach each insurer contributes equal amounts until each insurer has paid its applicable limit of
insurance or none of the loss remains, whichever comes first.
If any of the other insurance does not permit contribution by equal shares, the Insurer will contribute by
limits. Under this method, each insurer’s share is based on the ratio of its applicable limit of insurance to the
total applicable limits of insurance of all insurers.
7.Premiums and Named Insureds
The first Named Insured shown in the Declarations:
a.is responsible for all premiums due;
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b.is authorized to act on behalf of all persons or organizations insured under this Policy with respect to all
matters pertaining to their insurance afforded by this Policy; and
c.will be the payee for any return premiums the Insurer pays.
8.Representations or Fraud
By accepting this Policy, the Named Insured agrees:
a.the statements in the Declarations are accurate and complete;
b.those statements are based upon representations the Named Insured made to the Insurer;
c.the Insurer has issued this Policy in reliance upon the Named Insured’s representations; and
d.this Policy is void in any case of fraud by the Named Insured as it related to this Policy or any Claim or
Action under this Policy.
9.Separation of Insureds, Cross Liability
Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Policy to the
first Named Insured, this insurance applies:
a.as if each Named Insured were the only Named Insured; and
b.separately to each Insured against whom Claim is made or Action is brought.
10.Termination
a.The first Named Insured shown in the Declarations may solely terminate this policy by mailing or delivering
to the Insurer advance written notice of termination.
b.The Insurer may terminate this Policy by giving to the first Named Insured, written notice of termination at
least:
(1)fifteen (15) days before the effective date of termination if the Insurer terminates for non-payment of
premium; or
(2)thirty (30) days before the effective date of termination if the Insurer terminates for any other reason.
Except in Quebec if notice is mailed, termination takes affect 15 or 30 days after receipt of the letter by the
post office to which it is addressed depending upon the reason for termination. Proof of mailing will be
sufficient proof of notice.
c.The Insurer will mail or deliver the Insurer’s notice to the first Named Insured’s last known mailing address to
the Insurer.
d.Notice of termination will state the effective date of termination. The policy period will end on that date.
e.If this Policy is terminated, the Insurer will send the first Named Insured any premium refund due. If the
Insurer terminates, the refund will be pro rata. If the first Named Insured terminates, the refund may be the
customary short rate. The termination will be effective even if the Insurer has not made or offered a refund.
11.Transfer Of Rights Of Recovery Against Others To the Insurer
If the Insured has rights to recover all or part of any payment the Insurer has made under this Policy, those rights
are transferred to the Insurer. The Insured must do nothing after any loss to impair the Insurer’s rights. At the
Insurer’s request, the Insured will bring Action or transfer those rights to the Insurer and help the Insurer enforce
them.
12.Transfer of the Named Insured’s Rights and Duties Under This Policy
The Named Insured’s rights and duties under this Policy may not be transferred without the Insurer’s written
consent except in the case of death of an individual Named Insured.
If the Named Insured dies, the Named Insured’s rights and duties will be transferred to the Named Insured’s
legal representative but only while acting within the scope of duties as the Named Insured’s legal representative.
Until the Named Insured’s legal representative is appointed, anyone having proper temporary custody of the
Named Insured’s property will have the Named Insured’s rights and duties but only with respect to that property.
SECTION V – EXTENDED REPORTING PERIOD
1.The Insurer will provide an Extended Reporting Period as described below, if this Policy is cancelled or not
renewed for any reason except non-payment of premium.
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2.The Extended Reporting Period starts with the end of the policy period and lasts for sixty (60) days.
The Extended Reporting Period does not apply to Claims that are covered under any subsequent insurance the
Insured may purchase, or that would be covered but for exhaustion of the amount of insurance applicable to
such Claims.
3.The Extended Reporting Period does not extend the policy period or change the scope of coverage provided. It
applies only to Claims for acts, errors or omissions that were first committed before the end of the policy period.
Claims for such act, errors or omissions, which are first received and recorded during the Extended Reporting
Period, will be deemed to have been made on the last day of the policy period.
4.The Extended Reporting Period does not reinstate or increase the Limits of Insurance applicable to any Claim to
which this Policy applies.
SECTION VI - DEFINITIONS
1.Abuse means, but is not limited to, any act, threat or allegation involving molestation, harassment, corporal
punishment, assault, battery, or any other form of physical, sexual, mental, psychological or emotional abuse.
2.Action means a civil proceeding in which Compensatory Damages because of an act, error or omission to
which this insurance applies are alleged. Action includes:
a.an arbitration proceeding in which such Compensatory Damages are claimed and to which any Insured
must submit or does submit with the Insurer’s consent; or
b.any other alternative dispute resolution proceeding in which such Compensatory Damages are claimed
and to which any Insured submit with the Insurer’s consent.
3.Administration means:
a.providing information to Employees, including their dependents and beneficiaries, with respect to eligibility
for or scope of Employee Benefit Programs;
b.handling records in connection with the Employee Benefit Program; or
c.effecting, continuing or terminating any Employee’s participation in any benefit included in the Employee
Benefit Program.
However, Administration does not include handling payroll deductions.
4.Advertisement means a notice that is broadcast or published to the general public or specific market segments
about the Named Insured’s goods, products or services for the purpose of attracting customers or supporters.
For the purposes of this definition:
a.notices that are published include material placed on the Internet or on similar electronic means of
communication; and
b.regarding web-sites, only that part of a web-site that is about the Named Insured’s goods, products or
services for the purposes of attracting customers or supporters is considered an Advertisement.
5.Bodily Injury means bodily injury, sickness or disease sustained by a person and if arising out of the foregoing,
disability, emotional distress, mental anguish, mental injury, shock or death.
6.Claim means any demand or Action, made by an Employee or an Employee’s dependents and beneficiaries,
for damages as the result of an act, error or omission.
7.Compensatory Damages means damages due or awarded in payment for actual injury or economic loss.
Compensatory Damages does not include punitive or exemplary damages, fines, taxes, penalties or the
multiple portion of any multiplied damage award.
8.Coverage Territory means Canada.
9.Electronic Data means information, facts or programs stored as or on, created or used on, or transmitted to or
from computer software or otherwise communicated in digital or other intangible or tangible forms, including
systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices
or any other media which are used with electronically controlled equipment.
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10.Employee either in the singular or plural means a person actively employed, formerly employed, on leave of
absence or disabled, or retired. Employee includes a Leased Worker. Employee does not include a Temporary
Worker.
11.Employee Benefit Program means a program providing some or all of the following benefits to Employees:
a.Group life insurance; group accident or health insurance; dental, vision and hearing plans; and flexible
spending accounts; provided that no one other than an Employee may subscribe to such benefits and such
benefits are made generally available to those Employees who satisfy the plan’s eligibility requirements;
b.Profit sharing plans, employee savings plans, employee stock ownership plans, pension plans and stock
subscription plans, provided that no one other than an Employee may subscribe to such benefits and such
benefits are made generally available to all Employees who are eligible under the plan for such benefits;
c.Unemployment insurance, social security benefits, workers’ compensation and disability benefits;
d.Vacation plans, including buy and sell programs; leave of absence programs; tuition assistance plans;
transportation and health club subsidies.
12.Executive Officer means a person holding any of the officer positions created by the Named Insured’s charter,
constitution, by-laws or any other similar governing document.
13 Fissionable Substance means any prescribed substance that is, or from which can be obtained, a substance
capable of releasing atomic energy by nuclear fission.
14.Fungi or Spores includes, but is not limited to, any form or type of mould, yeast, mushroom, or mildew whether
or not allergenic, pathogenic or toxigenic, and any substance, vapour or gas produced by, emitted from or arising
out of any Fungi or Spores or resultant mycotoxins, allergens, or pathogens.
15.Lead means, but is not limited to, Lead in any form, lead leachate, Lead in any property or materials, heavy,
ductile, soft, solid, naturally occurring metallic element used in paints, pipes, solder, pottery and batteries and in
any substance, on land, in air, in water or any dust containing Lead.
16.Leased Worker means a person leased to the Named Insured by a labour leasing firm under an agreement
between the Named Insured and the labour leasing firm, to perform duties related to the conduct of the Named
Insured’s business. Leased Worker does not include a Temporary Worker.
17.Nuclear Energy Hazard means the radioactive, toxic, explosive, or other hazardous properties of radioactive
material.
18.Nuclear Facility means:
(1)any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a
critical mass of plutonium, thorium and uranium or any one or more of them;
(2)any equipment or device designed or used for:
(a)separating the isotopes of plutonium, thorium and uranium or any one or more of them;
(b)processing or utilizing spent fuel; or
(c)handling, processing or packaging waste;
(3)any equipment or device used for the processing, fabricating or alloying of plutonium, thorium or uranium
enriched in the isotope uranium 233 or in the isotope uranium 235, or any one or more of them if at any time
the total amount of such material 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;
(4)any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste
radioactive material;
and includes the site on which any of the foregoing is located, together with all operations conducted thereon and
all premises used for such operations.
19.Personal and Advertising Injury means injury, including consequential Bodily Injury, arising out of one or
more of the following offences:
a.false arrest, detention or imprisonment, defamation of character;
b.malicious prosecution;
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c.the wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room,
dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor;
d.oral or written publication, in any manner, of material that slanders or libels a person or organization or
disparages a person’s or organization’s goods, products or services;
e.oral or written publication of material, in any manner, that violates a person’s right of privacy;
f.the use of another’s advertising idea in the Named Insured’s Advertisement; or
g.infringing upon another’s copyright, trade dress or slogan in the Named Insured’s Advertisement.
20.Pollutants include but are not limited to any solid, liquid, gaseous or thermal irritant or contaminant, including
smoke, odour, vapour, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
21.Property Damage means:
a.physical injury to tangible property, including all resulting loss of use of that property; or
b.loss of use of tangible property that is not physically injured.
22.Radioactive Material means uranium, thorium, plutonium, neptunium, their respective derivatives and
compounds, radioactive isotopes of other elements and any other substances which may be designated by or
pursuant to any law, act or statute, or law amendatory thereof as being prescribed substances capable of
releasing atomic energy, or as being requisite for the production, use or application of atomic energy.
23.Silica means, but is not limited to, any substance containing silicon dioxide (SiO2), including, but not limited to,
crystalline or non-crystalline silica, silica particles, silica compounds, Silica Dust or synthetic silica, including but
not limited to precipitated silica, silica gel, fumed silica or silica flour.
24.Silica Dust means dust containing Silica alone or mixed with any other dust or fiber(s).
25.Temporary Worker means a person who is furnished to the Named Insured to substitute for a permanent
Employee on leave or to meet seasonal or short-term workload conditions.
26.Terrorism means an ideologically motivated unlawful act or acts, including but not limited to the use of violence
or force or threat of violence or force, committed by or on behalf of any group(s), organization(s) or
government(s) for the purpose of influencing any government and/or instilling fear in the public or a section of the
public.
27.Volunteer Worker means a person who is not the Named Insured’s Employee, and who donates his or her
work and acts at the direction of and within the scope of duties determined by the Named Insured, and is not
paid a fee, salary or other compensation by the Named Insured or anyone else for their work performed for the
Named Insured.
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EMPLOYERS' BODILY INJURY LIABILITY COVERAGE EXTENSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY POLICY
The following changes are made in the Insured’s Policy but only with respect to claims or Actions because of Bodily
Injury to an Employee of the Named Insured arising out of and in the course of employment by the Named Insured in
the business described in the Declarations:
1.Paragraph 2. d. under SECTION 1 – COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE
LIABILITY of this Policy is deleted in its entirety.
2.This extension of insurance does not apply to Bodily Injury to an employee while employed in violation of the law
with the Named Insured’s actual knowledge or the actual knowledge of any of the Insured’s executive officers.
Except as otherwise provided in this form, all terms, provisions and conditions of the Policy shall have full force and
effect.
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NON-ACCUMULATION CLAUSE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY POLICY
The following is added to SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS of this Policy:
Non-Accumulation Clause
1.It is hereby understood and agreed that if any other insurance coverage is provided in favour of the Insured by
the Insurer, including but not limited to prior policies issued to the Named Insured or any Insured by the Insurer,
then the most the Insurer will pay under all such policies covering the Occurrence, accident, loss, Action or
claim, as may be applicable, is the single highest available applicable limit of liability of any one of the policies
which cover the Occurrence, accident, loss, Action or claim. Provided, however, that this provision does not
apply to any policies issued by the Insurer to the Named Insured or any Insured specifically as insurance that
applies excess of this policy.
2.The deductible amount, as may be applicable, under the Policy with the single highest available applicable Limit
of Insurance which covers the Occurrence, accident, loss, Action or claim, shall be the applicable deductible
amount that applies in respect of such Occurrence, accident, loss, Action or claim and shall be reduced to the
extent of any payment made towards the deductible amount under any other such policy.
3.This endorsement applies regardless of which policy period applies to the Occurrence, accident, loss, Action or
the number of claimants.
Except as otherwise provided in this form, all terms, provisions and conditions of the Policy shall have full force and
effect.
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PROFESSIONAL SERVICES EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY POLICY
A.Paragraph 2 o. Professional Services of SECTION I – COVERAGES, COVERAGE A. BODILY INJURY AND
PROPERTY DAMAGE LIABILITY of this Policy is deleted in its entirety.
B.The following exclusion is added to SECTION I – COVERAGES, COMMON EXCLUSIONS – COVERAGES A,
B, C and D of this Policy:
Professional Services
Bodily Injury (other than Incidental Medical Malpractice Injury), Property Damage, or Personal and
Advertising Injury due to the rendering of or failure to render by the Named Insured or on the Named Insured’s
behalf, of any Professional Services for others, or any error or omission, malpractice or mistake in providing
those services.
Except as otherwise provided in this form, all terms, provisions and conditions of the Policy shall have full force and
effect.
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BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY POLICY
SECTION II – WHO IS AN INSURED of this Policy is amended to include the following:
Any person(s) or organization(s) whom the Named Insured is required to add as an additional insured to this Policy
under a written contract, agreement or permit that is:
1.currently in effect or which will become effective during the Policy Period; and
2.executed prior to the Occurrence which results in Bodily Injury or Property Damage under Coverage A, or the
offence which results in Personal and Advertising Injury under Coverage B.
It is further understood and agreed that:
A.The insurance provided to this additional insured is limited as follows:
(i)That person or organization is an additional insured only with respect to liability:
(a)arising out of premises the Named Insured owns, rents, leases or occupies; or
(b)caused by the Named Insured’s ongoing operations performed for that additional insured as specified in
the written contract, agreement or permit.
(ii)The limits of insurance applicable to the additional insured are those specified in the contract, agreement,
permit or in the Declarations of this Policy, whichever is less. These limits of insurance are inclusive of and
are not in addition to the Limits of Insurance shown in the Declarations.
(iii)Coverage is not provided for Bodily Injury, Property Damage, or Personal and Advertising Injury arising
out of the sole negligence of the additional insured.
(iv)A person or organization’s status as an additional insured ends when the Named Insured’s operations for
that additional insured is completed.
B.The insurance provided to the additional insured does not apply to Bodily Injury, Property Damage, or
Personal and Advertising Injury arising out of an architect’s, engineer’s or surveyor’s rendering or failure to
render any professional services including:
(i)the preparing, approving or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys,
field order, change orders, or drawings and specifications; and
(ii)supervisory, inspection, architectural or engineering activities.
C.Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the
additional insured whether primary, excess, contingent or on any other basis.
When this insurance is excess, the Insurer will have no duty under COVERAGE A. BODILY INJURY AND
PROPERTY DAMAGE LIABILITY OR COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY to
defend the additional insured against any Action if any other insurer has a duty to defend the additional insured
against that Action. If no other insurer defends, the Insurer may undertake to do so but they will be entitled to
the additional insured’s rights against all those other insurers.
Except as otherwise provided in this form, all terms, provisions and conditions of the Policy shall have full force and
effect.
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REDUCTION OF COVERAGE FOR LESSEES OR DRIVERS OF LEASED VEHICLES ENDORSEMENT
– O.E.F. No. 98B
1.Purpose of this endorsement:
This endorsement alters the coverage provided by this policy with respect to claims in Ontario for loss or
damage arising directly or indirectly from the use or operation of a motor vehicle that is leased.
2.How the policy coverage is changed:
a.The Insurer also agrees to pay on behalf of every partner, officer or employee of the Insured who, in the
business of the Insured stated in Item 3 of the application, leases an automobile for a period of not more
than 30 days in their own name, all sums which such partner, officer or employee is legally obligated to pay
as a result of liability imposed by law arising from the negligence of the driver of such leased automobile(s).
b.The insurance provided under this policy with respect to leased automobiles is in excess of the
underlying coverage available to the Insured or to the partner, officer or employee of the Insured.
c.Underlying coverage available to the Insured or to the partner, officer or employee of the Insured includes
any motor vehicle liability insurance that is required to respond to the liability of the driver or lessee of the
leased automobile.
The terms leased, lease and lessee are used as equivalent to rented, rent and renter.
Except as otherwise provided in this form, all terms, provisions and conditions of the Policy shall have full force and
effect.
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LEGAL LIABILITY FOR DAMAGE TO HIRED AUTOMOBILES ENDORSEMENT– S.E.F. No. 94
(for attachment only to a Non-Owned Policy S.P.F. No. 6)
In consideration of the premium charged, it is hereby understood and agreed that the Insurer agrees to indemnify the
Insured against the liability imposed by law upon the Insured or assumed by the Insured under any contract or
agreement for loss or damage arising from the care, custody or control of Automobiles hired or leased from others
with or without drivers, used under the control of the Insured in the Insured’s business as known to the Insurer, but
shall not include any Automobile owned in whole or in part by or licensed in the name of the Insured or any partner,
officer or employee of the Insured.
LIMITS OF INSURANCE
The Insurer shall not be liable under this endorsement for any amount in excess of the limit shown on the
Declarations (exclusive of interest and costs) for any one Occurrence.
DEDUCTIBLE CLAUSE
Each Occurrence causing loss or damage covered including loss or damage caused by fire or lightning or theft of the
entire Automobile shall give rise to a separate claim in respect of which the Insurer’s liability shall be limited to the
amount of loss or damage in excess of the deductible amount shown on the Declarations.
TWO OR MORE AUTOMOBILES
A motor vehicle and one or more trailers or semi-trailers attached thereto shall be held to be separate Automobiles
with respect to the Limits of Insurance, including the Deductible provision under this Insuring Agreement.
EXCLUSIONS
The Insurer shall not be liable:
(1)for loss or damage to any Automobile while personally driven by the Insured if the Insured is an individual; or
(2)for loss or damage:
(a)to tires or consisting of or caused by mechanical fracture or breakdown of any part of an Automobile or by
rusting, corrosion, wear and tear, freezing or explosion within the combustion chamber, unless the loss or damage is
coincident with other loss or damage caused by fire, theft or malicious mischief; or
(b)to any Automobile while being used without the consent of the owner thereof; or
(c)caused directly or indirectly by contamination by radioactive material; or
(d)to contents of trailers or to rugs or robes; or
(e)to tapes and equipment for use with a tape recorder when detached therefrom; or
(f)caused directly or indirectly by bombardment, invasion, civil war, insurrection, rebellion, revolution, military or
usurped power, or by the operation or armed forces while engaged in hostilities, whether war be declared or not; or
(g)for any amount in excess of the limit stated in the applicable subsection hereof and expenditures provided for in
the Additional Agreements of the Policy in which this endorsement is attached; or
(3)The Insurer shall not be liable under this endorsement for liability assumed by the Insured under any contract or
agreement exceeding 30 consecutive days for any one specific Automobile.
Except as otherwise provided in this form, all terms, provisions and conditions of the Policy shall have full force and
effect.
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CONTRACTUAL LIABILITY ENDORSEMENT – S.E.F. No. 96
(for attachment only to a Non-Owned Policy S.P.F. No. 6)
In consideration of the premium for which this Policy is issued, it is understood and agreed that exclusion (c) of the
Insuring Agreement of the Policy to which this endorsement is attached is amended to read as follows:
(c)for any liability assumed by any person insured by this Policy voluntarily under any contract or agreement other
than those stated below:
All written contracts or written agreements entered into by the Named Insured that are signed prior
to the accident.
Except as otherwise provided in this form, all terms, provisions and conditions of the Policy shall have full force and
effect.
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EXCLUDING LONG TERM LEASED VEHICLE ENDORSEMENT – S.E.F. No. 99
(for attachment only to a Non-Owned Policy S.P.F. No. 6)
In consideration of the premium for which this Policy is issued, it is understood and agreed that Item 3 (Hired
Automobiles Defined) of General Provisions and Definitions of the Policy to which this endorsement is attached is
hereby amended to read as follows:
The term “Hired Automobile” as used in this Policy means (a) Automobiles hired or leased from others with drivers
or (b) hired or leased by the named Insured from others without driver for periods not exceeding 30 days used under
the control of the Insured in the business stated in Item 3 of the application but shall not include any automobile
owned in whole or in part by or licensed in the name of the Insured or any partner, officer or employee of the Insured.
Except as otherwise provided in this form, all terms, provisions and conditions of the Policy shall have full force and
effect
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STANDARD NON-OWNED AUTOMOBILE POLICY – S.P.F. No. 6
Whereas an application has been made by the applicant (hereinafter called the Insured) to the Insurer for a contract
of Automobile insurance and the said application forms part of this contract of insurance and is as follows:
APPLICATION
ITEMS
1.Full Name and Postal
Address of the Insured:AS SHOWN ON THE POLICY DECLARATIONS
2.Policy Period:AS SHOWN ON THE POLICY DECLARATIONS
12:01 a.m. standard time at the address stated in Item 1.
3.The Automobiles in respect of which insurance is to be provided are those not owned in whole or in part by,
nor licensed in the name of the Insured used in the Insured’s business as known to the Insurer.
4.The Insured’s partners, officers, employees and agents as of the date of this application are as known to the
Insurer.
5.“Hired Automobiles” – The Automobiles hired by the Insured are as known to the Insurer.
6.“Automobiles Operated Under Contract” on behalf of the Insured are as known to the Insurer.
7.This application is made for insurance against the perils mentioned in this item and upon the terms and
conditions of the Insurer’s corresponding standard policy form and for the following specified limit:
Insuring Perils Limit of Liability
Agreements
SECTION A legal liability for Bodily Injury to or As per limit (exclusive of interest and costs) for
Third Party death of any person or damage to shown loss or damage resulting from
Liability property of others not in the care, on Declarations Bodily Injury to or the death of one
custody or control of the Insured.or more persons, and for loss or
damage to property, regardless of
the number of claims arising from
any one accident.
8.Has any Insurer cancelled, declined or refused to renew or issue, Automobile insurance to the Insured within
three years preceding this application? If so, state name of insurer.
AS KNOWN TO THE INSURER
9.State particulars of all accidents or claims arising out of the use or operation in his business of non-owned
Automobiles by the Insured within the three years preceding this application.
Injury to Persons Damage to Property of Others
AS KNOWN TO THE INSURER
10.All the statements in this application are true and the Insured hereby applies for a contract of Automobile
insurance to be based on the truth of the said statements.
11.Where, (a) an applicant for a contract gives false particulars of the described Automobile to be insured to the
prejudice of the Insurer, or knowingly misrepresents or fails to disclose in the application any fact required to
be stated therein; or (b) the Insured contravenes a term of the contract or commits a fraud; or (c) the Insured
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wilfully makes a false statement in respect of a claim under the contract, a claim by the Insured is invalid and
the right of the Insured to recover indemnity is forfeited.
INSURING AGREEMENT
In consideration of the payment of the premium specified and of the statements contained in the application and
subject to the limits, terms, conditions, provisions, definitions and exclusions herein stated.
SECTION A - THIRD PARTY LIABILITY
The Insurer agrees to indemnify the Insured against the liability imposed by law upon the Insured for loss or damage
arising from the use or operation of any Automobile not owned in whole or in part by or licensed in the name of the
Insured, and resulting from BODILY INJURY TO OR THE DEATH OF ANY PERSON OR DAMAGE TO PROPERTY
OF OTHERS NOT IN THE CARE, CUSTODY OR CONTROL OF THE INSURED:
Provided always the Insurer shall not be liable under this Policy:
(a)for any liability which arises from the use or operation of any Automobile while personally driven by the Insured
if the Insured is an individual; or
(b)for any liability imposed upon any person insured by this Policy:
(1)by any workmen’s compensation law; or
(2)by any law for bodily injury to or the death of the Insured or any partner, officer or employee of the Insured
while engaged in the business of the Insured; or
(3)for any liability assumed by any person insured by this Policy voluntarily under any contract or agreement; or
(4)for loss or damage to property carried in or upon an Automobile personally driven by any person insured by
this Policy or to any property owned or rented by, or in the care, custody or control of any such person; or
(5)for any amount in excess of the limit stated in Item 7 of the application, and expenditures provided for in the
Additional Agreements of this Policy; subject always to the provisions of the section of the Insurance Act
(Automobile Insurance Part) relating to the nuclear energy hazard.
Paragraph (b) of this section is not applicable in the Province of Ontario.
ADDITIONAL AGREEMENT OF INSURER
Where indemnity is provided by this Policy, the Insurer further agrees:
(1)upon receipt of notice of loss or damage caused to persons or property to serve any person insured by this
Policy by such investigation thereof, or by such negotiations with the claimant, or by such settlement of any
resulting claims, as may be deemed expedient by the Insurer; and
(2)to defend in the name and on behalf of any person insured by this Policy and at the cost of the Insurer any civil
Action which may at any time be brought against such person on account of such loss or damage to persons or
property; and
(3)to pay all costs taxed against any person insured by this Policy in any civil Action defended by the Insurer and
any interest accruing after entry of judgment upon that part of the judgment which is within the limits of the
Insurer’s liability; and
(4)in case the injury be to a person, reimburse any person insured by this Policy for outlay for such medical aid as
may be immediately necessary at the time of such injury; and
(5)be liable up to the minimum limit(s) prescribed for that province or territory of Canada in which the accident
occurred, if that limit(s) is higher than the limit stated in section A of Item 7 of the application; and
(6)not set up any defence to a claim that might not be set up if the policy were a motor vehicle liability policy issued
in the province or territory of Canada in which the accident occurred.
AGREEMENTS OF INSURED
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Where indemnity is provided by this section, every person Insured by this Policy:
(a)by the acceptance of this Policy, constitutes and appoints the Insurer his irrevocable attorney to appear and
defend in any province or territory of Canada in which Action is brought against the Insured arising out of the
use or operation of an Automobile with respect to which insurance is provided hereunder;
(b)shall reimburse the Insurer, upon demand, in the amount which the Insurer has paid by reason of the provisions
of any statute relating to Automobile insurance and which the Insurer would not otherwise be liable to pay under
this Policy.
GENERAL PROVISIONS AND DEFINITIONS
1.ADDITIONAL INSUREDS
The Insurer agrees to indemnify in the same manner and to the same extent as if named herein as the Insured,
every partner, officer or employee of the Insured who, with the consent of the owner thereof, personally drives (a)
in the business of the Insured stated in Item 3 of the application, any Automobile not owned in whole or in part
by or licensed in the name of (i) the Insured, or (ii) such additional Insured person, or (iii) any person or persons
residing in the same dwelling premises as the Insured or such additional Insured person, or (b) any Automobile
hired or leased in the name of the Insured except an Automobile owned in whole or in part or licensed in the
name of such additional Insured person.
2.TERRITORY
This Policy applies only to the use or operation of Automobiles within Canada or the United States of America
or upon a vessel plying between ports of those countries.
3.HIRED AUTOMOBILES DEFINED
The term “Hired Automobiles” as used in this Policy means Automobiles hired or leased from others with or
without drivers, used under the control of the Insured in the business stated in Item 3 of the application but shall
not include any Automobile owned in whole or in part by or licensed in the name of the Insured or any partner,
officer or employee of the Insured.
4.AUTOMOBILES OPERATED UNDER CONTRACT DEFINED
The term “Automobiles Operated under Contract” as used in this Policy shall mean Automobiles operated in
the business of the Insured stated in Item 3 of the application where the complete supervision, direction and
control of such Automobiles remain with the owner thereof, but shall not include any Automobile owned in
whole or in part by or licensed in the name of the Insured or any partner, officer or employee of the Insured.
5.TWO OR MORE AUTOMOBILES
When two or more Automobiles are Insured hereunder, the terms of this Policy shall apply separately to each,
but a motor vehicle and a trailer or trailers attached thereto shall be held to be one Automobile as respects
limits of liability under Section A.
6.PREMIUM ADJUSTMENT
The Advance Premium stated in Item 5 of the application is computed on the estimated total “cost of hire” for the
Policy Period. The words “cost of hire” as used herein mean the entire amount incurred for “Hired Automobiles”
and delivers when such Automobiles are hired with drivers or the amount incurred for hired Automobiles and
the wages paid to drivers when such drivers are employees of the Insured.
The Advance Premium stated in Item 6 of the application is computed on the estimated total “contract cost” for
the Policy Period. The words “contract cost” as used herein mean the entire amount paid by the Insured for
“Automobiles Operated under Contract” to the owners thereof.
The Advance Premiums are subject to adjustment at the end of the Policy Period when the Insured shall deliver
to the Insurer a written statement of the total amounts expended for cost of hire during the Policy Period. If such
amounts exceed the estimates stated in the application, the Insured shall immediately pay additional premium at
the rates stated therein; if less, the Insurer shall return to the Insured the unearned premium when determined
but the Insurer shall, in any event, receive or retain not less than the Minimum Retained Premium stated therein.
The Insurer shall have the right and opportunity, whenever the Insurer so desires, to examine the books and
records of the Insured to the extent they relate to the premium bases or the subject matter of this Policy.
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STATUTORY CONDITIONS
(COMMON LAW JURISDICTIONS EXCEPT NEWFOUNDLAND AND NEW BRUNSWICK)
In these statutory conditions, unless the context otherwise requires, the word “Insured” means a person insured by
this contract whether named or not.
NOTE:All of the Statutory Conditions contain the above wording. However,
—in all of the Provinces and Territories using these standard, approved forms, only Statutory Conditions 1, 8 and 9
are made applicable to accident benefits insurance and uninsured motorist insurance where it is provided by the
contract.
—in the Northwest Territories the definition of “insured person” must be read as containing in addition the words
“and includes any person to whom benefits may be payable under the accident benefits set out in the Schedule
to the Insurance Ordinance.”
1.Material Change in Risk
(1)The Insured named in this contract shall promptly notify the Insurer or its local agent in writing of any change
in the risk material to the contract and within his knowledge.
(2)Without restricting the generality of the foregoing, the words “change in the risk material to the contract”
include:
(a)any change in the insurable interest of the Insured named in this contract in the Automobile by sale,
assignment or otherwise, except through change of title by succession, death or proceedings under the
Bankruptcy Act (Canada);
and in respect of insurance against loss of or damage to the Automobile.
(b)any mortgage, lien or encumbrance affecting the Automobile after the application for this contract;
(c)any other insurance of the same interest, whether valid or not, covering loss or damage insured by this
contract or any portion thereof.
NOTE:In Prince Edward Island Statutory Condition 1. sub-conditions 2 and 3 are identical with the above quoted
Statutory Condition relating to material change in risk.
2.Prohibited Use by Insured
(1)The Insured shall not drive or operate the Automobile.
(a)unless he is for the time being either authorized by law or qualified to drive or operate the Automobile;
or
(b)while his licence to drive or operate an Automobile is suspended or while his right to obtain a licence is
suspended or while he is prohibited under order of any court from driving or operating an Automobile;
or
(c)while he is under the age of sixteen years or under such either age as is prescribed by the law of the
province in which he resides at the time this contract is made as being the minimum age at which a
licence or permit to drive an Automobile may be issued to him; or
(d)for any illicit or prohibited trade or transportation; or
(e)in any race or speed test.
Prohibited Use by Others
(2)The Insured shall not permit, suffer, allow or connive at the use of the Automobile,
(a)by any person,
(i)unless that person is for the time being either authorized by law or qualified to drive or operate the
Automobile; or
(ii)while that person is under the age of sixteen years or under such other age as is prescribed by the
law of the province in which he resides at the time this contract is made as being the minimum age
at which a licence or permit to drive an Automobile may be issued to him; or
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(b)by any person who is a member of the household of the Insured while his licence to drive or operate an
Automobile is suspended or while his right to obtain a licence is suspended or while he is prohibited
under order of any court from driving or operating an Automobile; or
(c)for any illicit or prohibited trade or transportation; or
(d)in any race or speed test.
3.Requirements Where Loss or Damage to Persons or Property
(1)The Insured shall,
(a)promptly give to the Insurer written notice, with all available particulars, of any accident involving loss or
damage to persons or property and of any claim made on account of the accident;
(b)verify by statutory declaration, if required by the Insurer, that the claim arose out of the use or operation
of the Automobile and that the person operating or responsible for the operation of the Automobile at
the time of the accident is a person Insured under this contract; and
(c)forward immediately to the Insurer every letter, document, advice or writ received by him from or on
behalf of the claimant.
(2)The Insured shall not,
(a)voluntarily assume any liability or settle any claim except at his own cost; or
(b)interfere in any negotiations for settlement or in any legal proceeding.
(3)The Insured shall, whenever requested by the Insurer, aid in securing information and evidence and the
attendance of any witness and shall co-operate with the Insurer, except in a pecuniary way, in the defence
of any Action or proceeding or in the prosecution of any appeal.
4.Requirements Where Loss or Damage to Automobile
(1)Where loss of or damage to the Automobile occurs, the Insured shall, if the loss or damage is covered by
this contract,
(a)promptly give notice thereof in writing to the Insurer with the fullest information obtainable at the time;
(b)at the expense of the Insurer, and as far as reasonably possible, protect the Automobile from further
loss or damage; and
(c)deliver to the Insurer within ninety days after the date of the loss or damage a statutory declaration
stating, to the best of his knowledge and belief, the place, time, cause and amount of the loss or
damage, the interest of the Insured and of all others therein, the encumbrances thereon, all other
insurance, whether valid or not, covering the Automobile and that the loss or damage did not occur
through any wilful act or neglect, procurement, means or connivance of the Insured.
(2)Any further loss or damage accruing to the Automobile directly or indirectly from a failure to protect it as
required under sub-condition (1) of this condition is not recoverable under this contract.
(3)No repairs, other than those that are immediately necessary for the protection of the Automobile from
further loss or damage, shall be undertaken and no physical evidence of the loss or damage shall be
removed,
(a)without the written consent of the Insurer; or
(b)until the Insurer has had a reasonable time to make the examination for which provision is made in
statutory condition 5.
(4)Examination of Insured
The Insured shall submit to examination under oath, and shall produce for examination at such reasonable
place and time as is designated by the Insurer or its representative all documents in his possession or
control that relate to the matters in question, and he shall permit extracts and copies thereof to be made.
(5)Insurer Liable for Cash Value of Automobile
The Insurer shall not be liable for more than the actual cash value of the Automobile at the time any loss or
damage occurs, and the loss or damage shall be ascertained or estimated according to that actual cash
value with proper deduction for depreciation, however caused, and shall not exceed the amount that it would
cost to repair or replace the Automobile, or any part thereof, with material of like kind and quality, but, if any
part of the Automobile is obsolete and out of stock, the liability of the Insurer in respect thereof shall be
limited to the value of that part at the time of loss or damage, not exceeding the maker’s latest list price.
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(6)Repair or Replacement
Except where an appraisal has been made, the Insurer, instead of making payment, may, within a
reasonable time, repair, rebuild or replace the Property Damaged or lost, with other of like kind and quality
if, within seven days after the receipt of the proof of loss, it gives written notice of its intention to do so.
(7)No Abandonment; Salvage
There shall be no abandonment of the Automobile to the Insurer without the Insurer’s consent. If the
Insurer exercises the option to replace the Automobile or pays the actual cash value of the Automobile,
the salvage, if any, shall vest in the Insurer.
(8)In Case of Disagreement
In the event of disagreement as to the nature and extent of the repairs and replacements required, or as to
their adequacy, if affected, or as to the amount payable in respect of any loss or damage, those questions
shall be determined by the appraisal as provided under The Insurance Act before there can be recovery
under this contract, whether the right to recover on the contract is disputed or not, and independently of all
other questions. There shall be no right to an appraisal until a specific demand therefore is made in writing
and until after proof of loss has been delivered.
5.Inspection of Automobile
The Insured shall permit the Insurer at all reasonable times to inspect the Automobile and its equipment.
6.Time and Manner of Payment of Insurance Money
(1)The Insurer shall pay the insurance money for which it is liable under this contract within sixty days after the
proof of loss has been received by it or, where an appraisal is made under subcondition (8) of statutory
condition 4, within fifteen days after the award is rendered by the appraisers.
(2)When Action May be Brought
The Insured shall not bring an Action to recover the amount of a claim under this contract unless the
requirements of statutory conditions 3 and 4 are complied with or until the amount of the loss has been
ascertained as therein provided or by a judgment against the Insured after trial of the issue or by agreement
between the parties with the written consent of the Insurer.
(3)Limitation of Actions
Every Action or proceeding against the Insurer under this contract in respect of loss or damage to the
Automobile shall be commenced within one year next after the happening of the loss and not afterwards,
and in respect of loss or damage to persons or property shall be commenced within one year next after the
cause of Action arose and not afterwards.
NOTE:In Yukon Territory, Northwest Territories, Manitoba and New Brunswick, the one year limitation
period in sub-condition (3) should read “2 years”. In the case of Nova Scotia and Prince Edward
Island sub-condition (3) reads as follows: “(3) Every Action or proceeding under this contract
against the Insurer in respect of a claim for indemnification for liability of the Insured for loss or
damage to property of another person or for personal injury to or death of another person shall be
commenced within two years after the liability of the Insured is established by a court of competent
jurisdiction and not afterwards. Every other Action or proceeding against the Insurer under this
contract in respect of loss or damage to the Automobile shall be commenced within two years
from the time the loss or damage was sustained and not afterwards.”
7.Who May Give Notice and Proofs of Claim
Notice of claim may be given and proofs of claim may be made by the agent of the Insured named in this
contract in case of absence or inability of the Insured to give the notice or make the proof, such absence or
inability being satisfactorily accounted for or, in the like case or if the Insured refuses to do so, by a person to
whom any part of the insurance money is payable.
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8.Termination
This Policy may be cancelled by the Insured named on the Declarations page or the Insurer in accordance with
the provisions of the Cancellation clause set out in the Commercial General Liability Conditions of this Policy.
9.Notice
Any written notice to the Insurer may be delivered at, or sent by registered mail to, the chief agency or head
office of the Insurer in the Province. Written notice may be given to the Insured named in this contract by letter
personally delivered to him or by registered mail addressed to him at his latest post office address as notified to
the Insurer. In this condition, the expression “registered” means registered in or outside Canada.
NOTE:In the Northwest Territories, the reference is to Territories and in the Yukon Territory the reference is to
Territory rather than Province.
Except as otherwise provided in this form, all terms, provisions and conditions of the Policy shall have full force and
effect