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Printers Errors and Omissions Liability Coverage Flipbook PDF
SECTION I - COVERAGES e. Cost guarantees; or estimates of probable costs or estimates being exceeded. 1. Insuring Agreem
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY PRINTERS ERRORS AND OMISSIONS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL DECLARATIONS The insurance afforded by this coverage part is only for the coverage and subject to the limits of liability stated in the schedule below. None of the provisions, stipulations, and other terms of the policy shall apply to this insurance except as expressly provided herein. SCHEDULE LIMITS OF INSURANCE Each Occurrence Limit Aggregate Limit
$ $
Deductible Amount Per Claim $ (if an amount is not shown above, a deductible amount of $1000 per claim applies) RATES AND PREMIUMS Estimated Annual Receipts Rate per $1000 of Receipts Advance Premium
$ $ $
Includes copyrighted material of Insurance Services Office, Inc with its permission. Copyright, Insurance Services Office, Inc. 1984, 1986 AI CG 56 10 01
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SECTION I - COVERAGES 1.
a.
We will pay those sums that the insured becomes legally obligated to pay as "damages" arising out of "printing services." This insurance applies only to "printing services" which occur during the policy period. The "damages" must be caused by an "occurrence" within the "coverage territory." We will have the right and duty to defend any "suit" seeking those"damages." But: (1)
The amount we will pay for "damages" is limited as described in SECTION IIILIMITS OF INSURANCE;
(2)
We may investigate and settle any claim or "suit" at our discretion;
(3)
Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgements or settlements.
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS. 2.
e.
Cost guarantees; or estimates of probable costs or estimates being exceeded.
f.
Any obligation of the insured under a Workers' Compensation, disability benefits or unemployment compensation law or any similar law.
g.
"Damages sustained by any employee of the insured or to any obligation of the insured to indemnify another for such "damages" sustained by that employee.
h.
Costs or "damages" arising out of expenses incurred to correct printing errors including the cost of shipment or the cost of additional services performed to correct deficiencies in the original service performed for others. But, this exclusion does not apply to "damages" for expenses claimed for the withdrawal or inspection of your work resulting from your "printing services."
i.
Damages caused intentionally by or at the direction of any insured.
j.
Any violation(s) rights law.
Insuring Agreement
Exclusions. This insurance does not apply to: a.
"Bodily damage."
injury"
or
"property
b.
Any dishonest, fraudulent, criminal or malicious acts, errors or omissions of any insured; whether acting alone or in collusion with others.
c.
Liability arising out of "personal and advertising injury."
d.
Liability assumed by the insured under any contract or agreement. But, this exclusion does not apply to liability arising from the performance of or failure to perform "printing services" for others, or to liability that the insured would have in the absence of such contract or agreement.
of
any
civil
SUPPLEMENTARY PAYMENTS We will pay with respect to any claim or "suit" we defend: 1.
All expenses we incur.
2.
The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds.
3.
All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit" including actual loss of earnings up to $250 a day because of time off from work.
4.
All costs taxed against insured in the "suit."
the
Includes copyrighted material of Insurance Services Office, Inc with its permission. Copyright, Insurance Services Office, Inc. 1984, 1986 Page 2 of 6
AI CG 56 10 01
5.
6.
Pre-judgement interest awarded against the insured on that part of the judgement we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any pre-judgement interest based on that period of time after the offer. All interest on the full amount of any judgement that accrues after entry of the judgement and before we have paid, offered to pay, or deposited in court the part of the judgement that is within the applicable limit of insurance.
2.
3.
These payments will not reduce the limits of insurance. SECTION II - WHO IS AN INSURED 1.
If you are Declaration as:
designated
in
the
a.
An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner.
b.
A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business.
c.
d.
e.
A limited liability company, you are an insured Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers.
the
following
is
also
an
a.
Your employees, other than your executive officers, but only for acts within the scope of their employment by you.
b.
Your legal representatives if you die, but only with respect to duties as such. That representative will have all your rights and duties under this endorsement.
Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or majority interest, will be deemed to be a Named Insured if there is no other similar insurance available to that organization. However, a.
Coverage under this provision afforded only until the 90th after you acquire or form organization or the end of policy period whichever earlier.
is day the the is
b.
Coverage does not apply to "damages" that occurred before you acquired or formed the organization; and
No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations SECTION III - LIMITS OF INSURANCE 1.
An organization other than a partnership or joint venture, you are an insured. Your executive officers and directors are insureds, but only with respect to their liability as stockholders. A trust, you are an insured Your trustees are also insureds, but only with respect to their duties as trustees.
Each of insured:
The Limit of Insurance shown for Printer's Errors and Omissions Liability Coverage is the most we will pay for "damages" arising out of "printing services" regardless of the number of: a. b. c.
Insureds: Claims made or "suits" brought; or Persons or organizations making claims or bringing "suits."
2.
The Aggregate limit is the most we will pay for "damages" for all claims to which this insurance applies.
3.
Subject to 2 above, the Each Occurrence Limit is the most we will pay for
Includes copyrighted material of Insurance Services Office, Inc with its permission. Copyright, Insurance Services Office, Inc. 1984, 1986 AI CG 56 10 01
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"damages" arising "occurrence."
out
of
any
one
(4)
If this endorsement is in effect for a period of more than one year, the limits apply separately to each consecutive annual period of less than 12 months, starting with the beginning of the policy period shown in the Declarations. But if the policy period is extended for less than 12 months, the extended period will be deemed to be part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV - CONDITIONS 1.
2.
3.
Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this endorsement. Duties In The Claim or Suit. a.
(2) (3)
c.
of
Legal Action Against Us.
a.
To join us as a party or otherwise bring us into a "suit" asking for damages from an insured, or b. To sue us on this endorsement unless all of its terms have been fully complied with.
Occurrence,
A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant’s legal representative.
How, when and where the "occurrence" took place; and The names and addresses of any injured persons and witnesses. The nature and location of any damage arising out of the occurrence" or offense.
If a claim is made or "suit" is brought against any insured, you must see to it that we receive prompt written notice of the claim or "suit."
No insureds will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense without our consent.
No person or organization has a right under this endorsement:
You must see to it that we are notified promptly of an "occurrence" which may result in a claim. Notice should include: (1)
b.
Event
d.
Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of "damages" to which this insurance may also apply.
4.
Other Insurance.
You and any other involved insured must:
If other valid and insurance is available to for a loss we cover endorsement our obligations as follows:
(1)
Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit."
a.
(2)
Authorize us to records and information;
Primary Insurance This insurance is primary. Our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in b. below.
b.
(3)
Cooperate with us in the investigation, settlement or defense of the claim or "suit"; and
Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each
obtain other
collectible the insured under this are limited
Includes copyrighted material of Insurance Services Office, Inc with its permission. Copyright, Insurance Services Office, Inc. 1984, 1986 Page 4 of 6
AI CG 56 10 01
insurer contributes equal amounts until it 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, we 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. 5.
8.
If the insured has rights to recover all or part of any payment we have made under this endorsement those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. SECTION V - DEFINITIONS 1.
Premium Audit The Advance Premium shown on the SCHEDULE is an estimated premium only. At the end of the policy period the first Named Insured shall, upon our request, furnish us with a statement of your receipts since the effective date of this insurance. We will then compute the earned premium based on the rate shown in the SCHEDULE. If the earned premium exceeds the estimated premium, the first Named Insured shall pay the excess to us; if it is less, we will pay the difference to the first Named Insured.
6.
2.
a.
The statements in the Declaration are accurate and complete.
b.
Those statements are based upon representations you made to us; and
c.
We have issued this endorsement reliance upon your representations.
7.
2.
"Bodily injury" means bodily injury,sickness or disease sustained by a person, including death resulting from any of these at any time.
3.
"Coverage territory" means the United States of America (including its territories and possessions), Puerto Rico and Canada.
4.
"Damages" means a monetary judgment award or settlement but does not include:
Separation of Insureds. Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this endorsement to the first Named Insured, this insurance applies: As if each Named Insured were the only Named Insured; and
b.
Separately to each insured against whom claim is made or "suit" is brought.
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 web-site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement.
in
a.
slogan.“Advertisement” means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purpose of this definition: a.
Representation
By accepting this endorsement you agree:
Transfer Of Rights of Recovery Against Others To Us.
a.
Fines or penalties, or
b.
Damages for which insurance is prohibited by the law applicable to the construction of this policy.
5.
"Occurrence" means an including continuous or exposure to substantially general harmful conditions.
accident, repeated the same
6.
"Personal and advertising injury" means injury, including consequential “bodily
Includes copyrighted material of Insurance Services Office, Inc with its permission. Copyright, Insurance Services Office, Inc. 1984, 1986 AI CG 56 10 01
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injury”, arising out of one or more of the following offenses: a.
False arrest, imprisonment;
detention
b.
Malicious prosecution;
floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment.
or
c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that occupies;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;
9.
.
"Suit" means a civil proceeding in which "damages" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding alleging such damages to which you must submit or submit with our consent;or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent.
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 your “advertisement”; or g. Infringing upon another’s copyright, trade dress or slogan in your “advertisement” 7.
"Printing services" means those activities usual to the processes peculiar to the printing, publishing or graphic arts industries.
8.
"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. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or Includes copyrighted material of Insurance Services Office, Inc with its permission. Copyright, Insurance Services Office, Inc. 1984, 1986 Page 6 of 6
AI CG 56 10 01