HomeMy WebLinkAboutFMIT Trust Agreement 2014-15
Brown & Brown, Inc.
PK FL1 0054951 13-01
Cape Canaveral CRA
PublicRiskUnderwritersofFlorida,Inc.ispleasedtoprovideyouwiththeCoverage
AgreementforCapeCanaveralCRA.Pleasereviewthedocumentforaccuracyandadviseif
you have any corrections or need further information.
Asareminder,youdonothaveanybindingauthorityandanychangesmustberequested
inwriting.Nocoverageorchangeincoverageisboundwithoutwrittenconfirmationfrom
arepresentativeofPublicRiskUnderwritersofFlorida,Inc.ThisCoverageAgreement
replaces and supersedes any previously issued Coverage confirmation.
CertificatesofInsuranceforthePreferredprogrammayonlybeissuedviatheweb-based
E-toolsonthePRUWebsite.Thewebaddressiswww.publicrisk.com.Certificatesmaynot
beusedtorequestchangesofcoverage.Theretailagentissolelyresponsibleforany
informationlistedinthedescriptionsectionofthecertificates.Ifyouneedassistance
logging into E-tools please contact your underwriter for support.
We appreciate the opportunity to offer this coverage to your client and if you have any
questions or need further assistance please feel free to contact us.
THIS PAGE IS FOR INFORMATIONAL PURPOSES ONLY
AND IS NOT PART OF THE COVERAGE AGREEMENT
PUBLIC ENTITY
COMMON AGREEMENT DECLARATIONS
Administered By:TRUST:
Public Risk Underwriters of Florida®Preferred Governmental Insurance Trust
P.O. Box 958455P.O. Box 958455
Lake Mary, FL 32795-8455Lake Mary, FL 32795-8455
Agreement Number:PK FL1 0054951 13-01
NAMED COVERED PARTY AND MAILING ADDRESS:AGENT NAME AND ADDRESS:
Cape Canaveral CRABrown & Brown, Inc.
105 Polk Avenue2600 Lake Lucien Dr. #330
Cape Canaveral, FL 32920Maitland, FL 32751-7234
AGREEMENT PERIOD:From:12/10/2013To:12/10/2014
At 12:01 a.m. Eastern Standard Time at your mailing address shown above.
In return for the payment of the premium, and subject to all the terms of this agreement, we agree with you to
provide the coverage as stated in this agreement.
This agreement consists of the following coverage parts for which a premium is indicated. This premium may be
subject to adjustment.
COVERAGE PARTANNUAL PREMIUM
Property and Inland Marine CoverageNot Included
General Liability CoverageIncluded
Law Enforcement CoverageNot Included
School Leaders' and Employment Practices Liability CoverageNot Included
Automobile CoverageNot Included
Garage Keepers CoverageNot Included
Public Officials and Employment Practices Liability CoverageNot Included
Crime CoverageNot Included
Excess Workers' Compensation CoverageNot Included
TOTAL ANNUAL PREMIUM$5,000
FORMS APPLICABLE TO ALL COVERAGE PARTS:
See PGIT MN-002
THESE DECLARATIONS TOGETHER WITH THE COMMON AGREEMENT CONDITIONS, COVERAGE PARTS
SUPPLEMENTAL DECLARATIONS, FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART
THEREOF, COMPLETE THE ABOVE NUMBERED AGREEMENT.
COUNTERSIGNEDby
12/10/2013
PGIT MN-001 (10 13)
DATEAUTHORIZED REPRESENTATIVE
PUBLIC ENTITY
COVERAGE AGREEMENT FORMS LIST
COVERED PARTY:
Cape Canaveral CRA
AGREEMENT NO.:
PK FL1 0054951 13-01
Form NameForm Number
Public Entity Common Agreement DeclarationsPGIT MN-001(10 13)
Public Entity Coverage Agreement Forms ListPGIT MN-002(10 13)
Public Entity General Liability Coverage Part DeclarationsPGIT MN-020(10 13)
Public Entity Common Agreement ConditionsPGIT MN-090(10 13)
Public Entity General Liability - Coverage FormPGIT MN-200(10 13)
Public Entity General Liability - Preferred EndorsementPGIT MN-203(10 13)
Public Entity General Liability - Deductible Liability CoveragePGIT MN-206(10 13)
Public Entity Auto & General Liability - Nuclear Energy Liability Exclusion EndorsementPGIT MN-900(10 13)
Public Entity Auto, General Liability & Property - Automatic Additional Covered PartiesPGIT MN-902(10 13)
PGIT MN-002 (10 13)
PUBLIC ENTITY
COMMON AGREEMENT CONDITIONS
All Coverage Forms and general endorsements included in this Coverage Agreement are subject to the following
conditions:
A.CANCELLATION
1.The first named Covered Party shown in the Declarations may cancel this Coverage Agreement by
mailing or delivering to us advance written notice of cancellation.
2. We may cancel this Coverage Agreement by mailing or delivering to the first named Covered Party
written notice of cancellation at least:
a.10 days before the effective date of cancellation if we cancel for nonpayment of premium; or
b.60 days before the effective date of cancellation if we cancel for any other reason.
3. We will mail or deliver our notice to the first named Covered Party's last mailing address known to us.
4. Notice of cancellation will state the effective date of cancellation. The Coverage Agreement period will
end on that date.
5. If this Coverage Agreement is cancelled, we will send the first named Covered Party any premium refund
due. If we cancel, the refund will be pro rata, subject to H. Minimum Earned Premium. If the first named
Covered Party cancels, the refund may be less than pro rata, subject to H. Minimum Earned Premium.
The cancellation will be effective even if we have not made or offered a refund.
6. If notice is mailed, proof of mailing will be sufficient proof of notice.
7. Failure of the Covered Party to make timely payment of premium shall be considered a request by the
Covered Party for the Trust to cancel on the Covered Party’s behalf. In the event of such cancellation for
non-payment of premium, the minimum earned premium shall be due and payable; provided, however,
such cancellation shall be rescinded if the Covered Party remits and the Trust receives the full premium
within 10 days after the date of issuance of the cancellation notice.
B.CHANGES
This Coverage Agreement contains all the agreements between you and us concerning the coverage
afforded. The first named Covered Party shown in the Declarations is authorized to make changes in the
terms of this Coverage Agreement with our consent.
This Coverage Agreement's terms can be amended or waived only by endorsement issued by us and made a
part of this Coverage Agreement.
C.CONTROL OF PROPERTY
Any act or neglect of any person other than you beyond your direction or control will not affect this Coverage
Agreement.
D.COORDINATION OF COVERAGES
In the event a single claim or suit triggers coverage under more than one coverage part, the most we will pay
is the greater of the applicable limit or sublimit from either coverage part, subject to that coverage part's
deductible or Self Insured Retention.
E.EXAMINATION OF YOUR BOOKS AND RECORDS
We may examine and audit your books and records as they relate to this Coverage Agreement at any time
during the Coverage Agreement period and up to three years afterward.
F.INSPECTIONS AND SURVEYS
We have the right but are not obligated to:
1. Make inspections and surveys at any time;
2.Give you reports on the conditions we find; and
3. Recommend changes.
PGIT MN-090 (10 13)Page 1
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Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be
charged. We do not make safety inspections. We do not undertake to perform the duty of any person or
organization to provide for the health or safety of workers or the public. And we do not warrant that
conditions:
1.Are safe or healthful; or
2.Comply with laws, regulations, codes or standards.
This condition applies not only to us, but also to any rating, advisory, rate service or similar organization
which makes insurance inspections, surveys, reports or recommendations.
G.LIBERALIZATION
If we adopt any revision that would broaden the coverage under this Coverage Agreement without additional
premium within 45 days prior to or during the coverage period, the broadened coverage will immediately
apply to this Coverage Agreement.
H.MINIMUM EARNED PREMIUM
In the event of cancellation of this Coverage Agreement or any individual line of coverage within this
Coverage Agreement by the Covered Party, a minimum premium of 25% of written premium for the
Coverage Agreement or for the individual line of coverage therein shall become earned, subject to any
provision of the Coverage Agreement to the contrary notwithstanding.
I.OTHER COVERAGE OR INSURANCE
You may have other coverage or insurance subject to the same plan, terms, conditions and provisions as the
coverage under this Coverage Agreement. If you do, we will pay our share of the covered loss or damage.
Our share is the lesser of:
1.The proportion that the Limit of Coverage of our Coverage Agreement bears to the total of the limits of all
the Coverage Agreements and policies covering on the same basis; or
2.The amount retained by Preferred Governmental Insurance Trust when Preferred Governmental
Insurance Trust is a named insured on reinsurance or excess of loss coverage purchased on behalf of its
members; or
Additionally,in the event an occurrence exhausts a limit purchased by Preferred Governmental Insurance
Trust on behalf of multiple members, payment to you for a covered loss will be reduced pro-rata based on the
amounts of covered loss by member.
Theadministrator for Preferred Governmental Insurance Trust will retain reinsurance or excess of loss
coverage policies purchased on behalf of its members
J.PREMIUMS
The first named Covered Party shown in the Declarations:
1.Is responsible for the payment of all premiums; and
2.Will be the payee for any return premiums we pay.
K.SUBROGATION
1.In the event of any payment under this Coverage Agreement, we shall be subrogated to all of your rights
of recovery therefore against any person or organization, and you shall execute and deliver instruments
and papers and do whatever else is necessary to secure such rights.
2.You shall not act (or fail to act, as the case may be) in any manner that will prejudice our subrogation
rights.
L.TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS COVERAGE AGREEMENT
Your rights and duties under this Coverage Agreement may not be transferred without our written consent.
M.The Trust shall have the right and duty to defend any covered claim brought against the Covered Party even
if such claim is groundless, false or fraudulent. The Covered Party shall not admit or assume liability or settle
or negotiate to settle any claim or incur any claims expenses without the prior written consent of the Trust,
and the Trust has the right to appoint counsel and to make such investigation and defense of a covered claim
as it deems necessary.
PGIT MN-090 (10 13)Page 2
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PUBLIC ENTITY
GENERAL LIABILITY COVERAGE PART
DECLARATIONS
COVERED PARTY:
Cape Canaveral CRA
AGREEMENT NO.:
PK FL1 0054951 13-01
SCHEDULE OF COVERAGES AND LIMITS OF COVERAGE
Deductibles
Bodily Injury, Property Damage$0
Employee Benefits Liability$0
Law Enforcement LiabilityN/A
Coverage is only provided for the coverages indicated by an X.
Coverage
Bodily Injury and Property Damage$1,000,000Per Occurrence
X
Personal Injury and Advertising InjuryIncludedPer Person or Organization
Products / Completed Operation Aggregate LimitIncluded
N/AGeneral Aggregate Limit
Medical PaymentsNot Included
Employee Benefits Liability$0Per Occurrence
X
$0Aggregate Limit
XFire Damage LimitIncludedAny One Premise
No Fault Sewer BackupN/APer Claimant
N/AAggregate Limit
Pesticide / Herbicide LimitAggregate Limit
Law EnforcementN/APer Occurrence
FORMS AND ENDORSEMENTS
Forms and endorsements applying to this Coverage Part and made part of the coverage agreement at this time of issue:
See PGIT MN-002
Premium:
$ INCLUDED
THIS SUPPLEMENTAL DECLARATIONS AND THE COMMON AGREEMENT DECLARATIONS, TOGETHER
WITH THE COMMON AGREEMENT CONDITIONS, COVERAGE PART(S), FORMS AND ENDORSEMENTS, IF
ANY, COMPLETE THE ABOVE NUMBERED AGREEMENT.
PGIT MN-020 (10 13)Page 1
PUBLIC ENTITY
GENERAL LIABILITY COVERAGE FORM
(Occurrence)
Various provisions in this Coverage Agreement restrict coverage. Read the entire agreement carefully to
determine rights, duties and what is and is not covered.
Throughout this Coverage Agreement the words "you" and "your" refer to the Named Covered Party shown in the
Declarations, and any other person or organization qualifying as a Named Covered Party under this agreement.
The words "we," "us" and "our" refer to the Trust providing this Coverage Agreement.
“Covered party" means any person or organization qualifying as such under SECTION II - WHO IS A COVERED
PARTY.
Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V -
DEFINITIONS.
SECTION I - COVERAGES
A.BODILY INJURY AND PROPERTY DAMAGE LIABILITY
1.Coverage Agreement
a.We will pay those sums that the Covered Party becomes legally obligated to pay as damages,
because of "bodily injury" or "property damage" to which this coverage agreement applies. We will
have the right and duty to defend the Covered Party against any "suit" seeking those damages.
However, we will have no duty to defend the covered party against any “suit” seeking damages for
“bodily injury” or “property damage” to which this coverage does not apply. We may, at our
discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But:
(1)The amount we will pay for damages is limited as described in LIMITS OF COVERAGE
(SECTION III); and
(2)Our right and duty to defend ends when we have used up the applicable limit of coverage in the
payment of judgments or settlements under CoveragesA.orB.
(3)Our obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay
damages on your behalf applies only to the amount of damages in excess of any deductible
amounts stated in the declarations applicable to such coverages.
Noother obligation or liability to pay sums or perform acts or services is covered unless explicitly
provided for under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B.
b.This coverage 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 agreement period.
c.Damages because of "bodily injury" include 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 coverage agreement does not apply to:
a. Expected or Intended Injury
"Bodily injury" or "property damage" expected or intended from the standpoint of the covered party.
This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect
persons or property.
PGIT MN-200 (10 13)Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1
b. Contractual Liability
"Bodily injury" or "property damage" for which the covered party is obligated to pay damages by
reason of the assumption of liability in a contract or agreement. This exclusion does not apply to
liability for damages:
(1)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; or
(2)That the covered party would have in the absence of the contract or agreement.
c. Liquor Liability
"Bodily injury" or "property damage" for which any covered party may be held liable by reason of:
(1)Causing or contributing to the intoxication of any person;
(2)The furnishing of alcoholic beverages to a person under the legal drinking age or under the
influence of alcohol; or
(3)Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic
beverages.
Thisexclusion applies only if you are in the business of manufacturing, distributing, selling, serving or
furnishing alcoholic beverages.
d. Workers’ Compensation And Similar Laws
Any obligation of the covered party under a workers' compensation, disability benefits or
unemployment compensation law or any similar law.
e. Employer’s Liability
"Bodily injury" to:
(1)An employee of the covered party arising out of and in the course of:
(a)Employment by the covered party; or
(b)Performing duties related to the conduct of the covered party’s business; or
(2)The spouse, child, parent, brother or sister of that employee as a consequence of (1)above.
Thisexclusion applies whether the covered party may be liable as an employer or in any other capacity;
and to any obligation to share damages with or repay someone else who must pay damages because of
the injury.
Thisexclusion does not apply to liability assumed by the covered party under an "insured contract."
f.Pollution
(1)"Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or escape of “pollutants”:
(a)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 covered party;
(b)At or from any premises, site or location which is or was at any time used by or for any
covered party or others for the handling, storage, disposal, processing or treatment of waste.
This includes but is not limited to any landfill or disposal site or other properties in
conjunction with landfill or disposal site activities;
(c)Which are or were at any time transported, handled, stored, treated, disposed of, or
processed as waste by or for any covered party or any person or organization for whom you
may be legally responsible;
(d)At or from any premises, site or location on which any covered party or any contractors or
subcontractors working directly or indirectly on any covered party's behalf are performing
operations:
(i)if the pollutants are brought on or to the premises, site or location in connection with
such operations by such covered party, contractor or subcontractor; or
(ii)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.
PGIT MN-200 (10 13)Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 2
(e)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”.
(f)At or from any premises, site, or location which is or was at any time the responsibility of any
covered party to maintain, including but not limited to streets, roads, paths, beaches,
waterways, lakes, rivers, canals, retention ponds, bridges, aquifers, or easements.
Subparagraphs(a)and(d)(i)do not apply to "bodily injury" or "property damage" arising out of heat,
smoke or fumes from a hostile fire.
Asused in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from
where it was intended to be.
(2)Any loss, cost or expense arising out of any:
(a)Request, demand, order or statutory or regulatory requirement that any covered party or
others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way
respond to, or assess the effects of “pollutants”; or
(b)Claim or “suit” by or on behalf of a governmental authority for damages because of testing
for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in
any way responding to, or assessing the effects of “pollutants”.
However,this paragraph does not apply to liability for 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 “suit” by or on behalf of a governmental authority.
g. Aircraft, Auto Or Watercraft
"Bodily injury"or "property damage" arising out of the ownership, maintenance, use or entrustment to
others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any covered
party. Use includes operation and "loading or unloading."
Thisexclusion applies even if the claims against any covered party allege negligence or other
wrongdoing in the supervision, hiring, employment, training or monitoring of others by that covered
party, if the “occurrence” which caused the “bodily injury” or “property damage” involved the
ownership, maintenance, use or entrustment to others of any aircraft, “auto” or watercraft that is
owned or operated by or rented or loaned to any covered party.
Thisexclusion does not apply to:
(1)A watercraft while ashore on premises you own or rent;
(2)A watercraft less than 52 feet long that is not being used to carry persons or property for a
charge;
(3)Liability assumed under any "insured contract" for the ownership, maintenance or use of
watercraft; or
(4)"Bodily injury" or "property damage" arising out of the operation of any of the equipment listed in
paragraph5.a. or 5.b.of the definition of "mobile equipment" (SECTION V (I)).
h. Mobile Equipment
"Bodily injury" or "property damage" arising out of:
(1)The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned
to any covered party; or
(2)The use of "mobile equipment" in, or while in practice or preparation for, a prearranged racing,
speed, demolition, or stunting activity.
i. War
"Bodily injury" or "property damage," however caused, arising out of:
PGIT MN-200 (10 13)Page 3
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(1)War, including undeclared or civil war;
(2)Warlike action by a military force, including action in hindering or defending against an actual or
expected attack, by any government, sovereign or other authority using military personnel or
other agents; or
(3)Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in
hindering or defending against any of these.
j. Damage to Property
"Property damage" to:
(1)Property you own, rent, or occupy, including any costs or expenses incurred by you, 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 you sell, give away or abandon, if the "property damage" arises out of any part of those
premises;
(3)Property loaned to you;
(4)Personal property in the care, custody or control of the covered party;
(5)That particular part of real property on which you or any contractors or subcontractors working
directly or indirectly on your behalf are performing operations, if the "property damage" arises out
of those operations; or
(6)That particular part of any property that must be restored, repaired or replaced because "your
work" was incorrectly performed on it.
Paragraph(2) of this exclusion does not apply if the premises are "your work" and were never
occupied, rented or held for rental by you.
Paragraphs(3),(4),(5)and(6)of this exclusion do not apply to liability assumed under a sidetrack
agreement.
Paragraph(6)of this exclusion does not apply to "property damage" included in the "products-
completed operations hazard."
Thisexclusion does not apply to personal property held by the covered party as a result of seizure or
confiscation.
k. Damage to Your Product
"Property damage" to "your product" arising out of it or any part of it.
l. Damage to Your Work
”Property damage" to "your work" arising out of it or any part of it and included in the "products-
completed operations hazard."
Thisexclusion does not apply if the damaged work or the work out of which the damage arises was
performed on your behalf by a subcontractor.
m. 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 "your product" or "your work"; or
(2)A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in
accordance with its terms.
Thisexclusion does not apply to the loss of use of other property arising out of sudden and
accidental physical injury to "your product" or "your work" after it has been put to its intended use.
n. Recall of Products, Work or Impaired Property
Damages claimed for any loss, cost or expense incurred by you or others for the loss of use,
withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of:
PGIT MN-200 (10 13)Page 4
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(1)"Your product";
(2)"Your work"; or
(3)"Impaired property"; if such product, work, or property is withdrawn or recalled from the market or
from use by any person or organization because of a known or suspected defect, deficiency,
inadequacy or dangerous condition in it.
o. Racketeering
Any damages arising out of any actual or alleged violation of the Racketeer Influence and Corrupt
Organizations Act, 18 USC or any amendments thereto, or any rules or organizations promulgated
thereunder.
p. Law Enforcement
"Bodily injury" or "property damage" arising out of any actual or alleged act or omission resulting from
law enforcement activities of any police department or any other law enforcement agencies, including
their agents or employees.
q. Asbestos
"Bodily injury" or "property damage" arising out of inhaling, ingesting or prolonged exposure to
asbestos or goods or products containing asbestos, or the use of asbestos in constructing or
manufacturing any good, product or structure, or the removal of asbestos from any good, product or
structure, or the manufacture, sale, transportation, storage or disposal of asbestos or goods or
products containing asbestos.
r.Personal and Advertising Injury
“Bodily injury” or “property damage” arising out of “personal injury” or “advertising injury”.
s.Mold, Fungi, or Bacteria
(1) "Bodily injury" or "property damage" which would not have occurred, in whole or in part, but for
the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence
of, or presence of, any “fungi” or bacteria on or within a building or structure, including its
contents, regardless of whether any other cause, event, material or product contributed
concurrently or in any sequence to such injury or damage.
(2)Any loss, cost or expenses arising out of the abating, testing for, monitoring, cleaning up,
removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any
way responding to, or assessing the effects of, “fungi” or bacteria, by any covered party, or by
any other person or entity.
Thisexclusion does not apply to any “fungi” or bacteria that are, are on, or are contained in, a good
or product intended for consumption.
Thecoverage afforded by this agreement does not apply to payment for the investigation or defense of any
loss, injury or damage or any cost, fine or penalty or for any expense or claim or suit related to any of the
above.
Exclusionsc.throughn.do not apply to damage by fire to premises rented to you. A separate limit of
coverage applies to this coverage as described in LIMITS OF COVERAGE (SECTION III).
B.PERSONAL AND ADVERTISING INJURY LIABILITY
1.Coverage Agreement.
a.We will pay those sums that the covered party becomes legally obligated to pay as damages
because of "personal injury" or "advertising injury" to which this coverage form applies. We will have
the right and duty to defend the covered party against any "suit" seeking those damages. However,
we will have no duty to defend the Covered Party against any “suit” seeking damages for “personal
injury” or “advertising injury” to which this coverage does not apply. We may, at our discretion,
investigate any "occurrence" or offense and settle any claim or "suit" that may result. But:
(1)The amount we will pay for damages is limited as described in LIMITS OF COVERAGE
(SECTION III); and
PGIT MN-200 (10 13)Page 5
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(2)Our right and duty to defend end when we have used up the applicable limit of coverage in the
payment of judgments or settlements under SECTION I CoverageA or B.
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly
provided for under SUPPLEMENTARY PAYMENTS - COVERAGESAandB.
b.This coverage agreement applies to:
(1)"Personal injury" caused by an offense arising out of your business, excluding advertising,
publishing, broadcasting or telecasting done by or for you; and
(2)"Advertising injury" caused by an offense committed in the course of advertising your goods,
products or services.
c.This coverage applies to “personal injury” and “advertising injury” only if:
(1)The “personal injury” or “advertising injury” is caused by an “occurrence” that takes place in the
“coverage territory”; and
(2)The “personal injury” or “advertising injury” occurs during the agreement period.
2.Exclusions.
This coverage agreement does not apply to:
a."Personal injury" or "advertising injury":
(1)Arising out of oral or written publication of material, if done by or at the direction of the covered
party with knowledge of its falsity;
(2)Arising out of oral or written publication of material whose first publication took place before the
beginning of the agreement period;
(3) Arising out of a criminal act committed by or at the direction of the covered party; or
(4)For which the covered party has assumed liability in a contract or agreement. This exclusion
does not apply to liability for damages that the covered party would have in the absence of the
contract or agreement.
b."Advertising injury" arising out of:
(1)Breach of contract, other than misappropriation of advertising ideas under an implied contract;
(2)The failure of goods, products or services to conform with advertised quality or performance;
(3) The wrong description of the price of goods, products or services; or
(4)An offense committed by a covered party whose business is advertising, broadcasting,
publishing or telecasting.
c."Personal injury" or "advertising injury" expected or intended from the standpoint of the covered party
d."Personal injury” or “advertising injury" arising out of any act or omission resulting from law
enforcement activities of any police department or any other law enforcement agencies, including
their agents or employees.
e."Personal injury” or “advertising injury" arising out of inhaling, ingesting or prolonged exposure to
asbestos or goods or products containing asbestos, or the use of asbestos in constructing or
manufacturing any good, product or structure, or the removal of asbestos from any good, product or
structure, or the manufacture, sale, transportation, storage or disposal of asbestos or goods or
products containing asbestos.
f."Personal injury” or “advertising injury " which would not have occurred, in whole or in part, but for the
actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or
presence of, any “fungi” or bacteria on or within a building or structure, including its contents,
regardless of whether any other cause, event, material or product contributed concurrently or in any
sequence to such injury or damage.
g.“Personal injury” or “advertising injury” arising out of an electronic chatroom or bulletin board the
covered party hosts, owns, or over which the covered party exercises control.
h.“Personal injury” or “advertising injury” arising out of the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or escape of “pollutants” at any time.
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i.Any loss, cost or expense arising out of any:
(1)Request, demand, order or statutory or regulatory requirement that any covered party or others
test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond
to, or assess the effects of, “pollutants”; or
(2)Claim or suit by or on behalf of a governmental authority for damages because of testing for,
monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way
responding to, or assessing the effects of, “pollutants”.
j.“Personal injury” or “advertising injury”, however caused, arising, directly or indirectly, out of war,
including undeclared or civil war, warlike action by a military force, or insurrection, rebellion,
revolution, usurped power, or action taken by governmental authority in hindering or defending
against any of these.
C. HERBICIDE AND PESTICIDE
We will pay the lesser of the General Bodily Injury and Property Damage per occurrence limit or $1,000,000
whichever is less, for "damages," defense costs and/or claims expenses because of "bodily injury" or
"property damage" caused by an "occurrence," which result from any "suits" otherwise covered by this
Coverage Agreement,arising in whole or in part out of the application of herbicides and/or pesticides.
Our limit of liability shall not exceed the lesser of the General Aggregate Limit or $1,000,000 in the aggregate
whichever is less for all "damages" defense cost and/or claims expenses, which result from any and all,
covered "suits" arising out of the application of such herbicides and/or pesticides.
D. MEDICAL PAYMENTS (Provided if limits are shown on Declarations Page)
1.Coverage Agreement
a.We will pay medical expenses as described below for "bodily injury" caused by an accident:
(1)On premises you own or rent;
(2)On ways next to premises you own or rent; or
(3)Because of your operations;
provided that:
(a)The accident takes place in the "coverage territory" and during the agreement period;
(b)The expenses are incurred and reported to us within one year of the date of the accident;
and
(c)The injured person submits to examination, at our expense, by physicians of our choice as
often as we reasonably require.
b.We will make these payments regardless of fault. These payments will not exceed the applicable limit
of coverage as shown in the Declarations. We 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 related to Medical Payments
We will not pay expenses for "bodily injury":
a.Any Insured
To any Covered Party, except "volunteer workers."
b.Hired Person
To a person hired to do work for or on behalf of any Covered Party or a tenant of any Covered Party.
c.Injury On Normally Occupied Premises
To a person injured on that part of premises you own or rent that the person normally occupies.
d.Workers Compensation And Similar Laws
To a person, whether or not an "employee" of any Covered Party, 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.
E.SEWER BACKUP COVERAGE (Provided if limits are shown on Declarations Page)
1.Coverage Agreement
Wewill pay damages as described below for "property damage," excluding loss of use of tangible
property, caused by an "occurrence" resulting in sewer drain backup:
a.On "premises" that you do not own or rent;
b.Because of your operations;
provided that:
c.The "occurrence" takes place in the "coverage territory" and during the Coverage Agreement period;
d.The "damages" are incurred and reported to us within one year of the date of the "occurrence," and
We will make these payments regardless of negligence. These payments will not exceed the limit of
$1,000 per claimant and $5,000 in the aggregate during the Coverage Agreement period. If it is
determined that you are negligent, these limits will not apply.
2.Exclusions related to No Fault Sewer Backup Coverage
Wewill not pay damages for "property damage":
a.Included within the "products-completed operations hazard";
b.Excluded under Section I Coverages A or B;
c.Due to war whether or not declared, or any act or condition incident to war. War includes civil war,
insurrection, rebellion or revolution.
SUPPLEMENTARY PAYMENTS - COVERAGES A AND B
We willpay, with respect to any claim or "suit" we defend:
1.All expenses we incur.
2.Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of
the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish
these bonds.
3.The cost of bonds to release attachments, but only for bond amounts within the applicable limit of
coverage. We do not have to furnish these bonds.
4.All reasonable expenses incurred by the covered party at our request to assist us in the investigation or
defense of the claim or "suit," including actual loss of earnings up to $300 a day because of time off from
work.
5.All costs taxed against the covered party in the "suit."
6.Prejudgment interest awarded against the covered party on that part of the judgment we pay. If we make
an offer to pay the applicable limit of coverage, we will not pay any prejudgment interest based on that
period of time after the offer.
7.All interest on the full amount of any judgment that accrues after entry of the judgment and before we
have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit
of coverage.
8.Expenses incurred by the covered party for first aid to others at the time of an accident for “bodily injury”
to which this coverage agreement applies.
9.Up to $100,000 in aggregate for “personal injury” and related expense for any duly elected or appointed
official of any board or commission or agency of yours while acting outside the course and scope of their
duties as authorized by you, but only with respect to “personal injury” resulting from his/her affiliation with
you. The coverage provided to such individual is excess over any other insurance or coverage
specifically insuring against “personal injury” for such individual.
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10.Subject to the agreement deductible or Self Insured Retention, we will pay up to $2,500 in aggregate for
“property damage” to personal property in your care, custody or control.
Thesepayments will not reduce the limits of coverage.
SECTION II - WHO IS A COVERED PARTY
A.All branches of government, executive, legislative and judicial, including any department, office, commission,
board, authority, governmental agency or subdivision of any branch of government which are under the
jurisdiction of, and totally within the operating budget of, the covered party named in the Declarations, and
only while working on behalf of the covered party named in the Declarations.
B.Any duly elected or appointed official or a member of any board or commission or agency of yours while
acting within the course and scope of their employment or as authorized by you.
C.If you are designated in the Declarations as:
1.An individual, you and your spouse are covered parties, but only with respect to the conduct of a
business of which you are the sole owner.
2.A partnership or joint venture, you are a covered party. Your members, your partners, and their spouses
are also covered parties, but only with respect to the conduct of your business.
3.An organization other than a partnership or joint venture, you are a covered party. Your executive officers
and directors are covered parties, but only with respect to their duties as your officers or directors. Your
stockholders are also covered parties, but only with respect to their liability as stockholders.
D.Each of the following is also a covered party:
1.Your employees, other than your executive officers, but only for acts within the scope of their
employment by you. However, no employee is a covered party for:
a."Bodily injury" or "personal injury" to you or to a co-employee while in the course of his or her
employment, or the spouse, child, parent, brother or sister of that co-employee as a consequence of
such "bodily injury" or "personal injury," or for any obligation to share damages with or repay
someone else who must pay damages because of the injury; or
b."Bodily injury" or "personal injury" arising out of his or her providing or failing to provide “professional
health care services”; or
c."Property damage" to property owned or occupied by or rented or loaned to that employee, any of
your other employees, or any of your partners or members (if you are a partnership or joint venture).
2.The Medical Director to the extent he/she is an agent of the covered Florida Public Entity, but solely while
acting within the course and scope of their duties as Medical Director as outlined in Florida Statute
401.265.
3.Your authorized volunteer or leased employee who are deemed as your agent, but only while under your
supervision and in the course and scope of work approved by you.
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E.With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any
person is a covered party while driving such equipment along a public highway with your permission. Any
other person or organization responsible for the conduct of such person is also a covered party, but only with
respect to liability arising out of the operation of the equipment, and only if no other insurance or coverage of
any kind is available to that person or organization for this liability. However,no person or organization is a
covered party with respect to:
1."Bodily injury" to a co-employee of the person driving the equipment; or
2."Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer
of any person who is a covered party under this provision.
F.Any organization you newly acquire or form, other than a partnership or joint venture, and over which you
maintain ownership or majority interest, will qualify as a named Covered Party if there is no other similar
insurance available to that organization. However:
1.Coverage under this provision is afforded only until the 90th day after you acquire or form the
organization or the end of the agreement period, whichever is earlier;
2.Section I CoverageAdoes not apply to "bodily injury" or "property damage" that occurred before you
acquired or formed the organization; and
3.Section I CoverageBdoes not apply to "personal injury" or "advertising injury" arising out of an offense
committed before you acquired or formed the organization.
Noperson or organization is a covered party with respect to the conduct of any current or past partnership or
joint venture that is not shown as a named Covered Party in the Declarations.
SECTION III - LIMITS OF COVERAGE
A. The Limits of Coverage shown in the Declarations and the rules below fix the most we will pay regardless of
the number of:
1.Covered Parties;
2.Claims made or "suits" brought; or
3.Persons or organizations making claims or bringing "suits."
B.The General Aggregate Limit is the most we will pay for the sum of:
1.Damages under SECTION I CoverageA, except damages because of "bodily injury" or "property
damage" included in the "products-completed operations hazard;" and
2.Damages under SECTION I CoverageB.
C.The Products-Completed Operations Aggregate Limit is the most we will pay under SECTION I CoverageA
for damages because of "bodily injury" and "property damage" included in the "products-completed
operations hazard."
D.Subject toB.above, the Personal and Advertising Injury Limit is the most we will pay under SECTION I
CoverageBfor the sum of all damages because of all "personal injury" and all "advertising injury" sustained
by any one person or organization.
E.The Fire Damage Limit is the most we will pay under SECTION I CoverageAfor damages because of
"property damage" to premises rented to you arising out of any one fire.
F.The most we will pay is further limited by the limitations set forth in Section 768.28(5), Florida Statutes (2010)
or the equivalent limitations of successor law which are applicable at the time of the loss.
G.However, subject to and limited byB.,C.,D.,E., andF.above, we will pay:
1.The amount indicated when a claims bill enacted by the Florida Legislature in accordance with Section
768.28 (5) Florida Statutes becomes law;
2.The amount determined by a court of competent jurisdiction for liable action taken outside the state of
Florida for claims where the injury or damage originated from an occurrence outside the state of Florida;
or
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3.The amount shown in the declarations when Florida Statutes Section 768.28 (5) is deemed inapplicable
by a competent court in Florida.
H.Damages will not include:
1.taxes, fines, penalties, or sanctions;
2.punitive or exemplary damages or the multiple portion of any multiplied damages award;
3.matters uninsurable under the laws pursuant to which this coverage agreement is constructed; or
4.the cost to comply with any injunctive or any other non-monetary or declaratory relief, including specific
performance, or any agreement to provide such relief.
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS
A.Bankruptcy.
Bankruptcyor insolvency of the Covered Party or of the Covered Party's estate will not relieve us of our
obligations under this Coverage Agreement.
B.Duties In The Event Of Occurrence, Claim Or Suit.
1.Youmust see to it that we are notified as soon as practicable of an "occurrence" or an offense which
may result in a claim. To the extent possible, notice should include:
a.How, when and where the "occurrence" or offense took place;
b.The names and addresses of any injured persons and witnesses; and
c.The nature and location of any injury or damage arising out of the "occurrence" or offense.
2. Ifa claim is made or "suit" is brought against any Covered Party, you must:
a.Immediately record the specifics of the claim or "suit" and the date received; and
b.Notify us as soon as practicable.
Youmust see to it that we receive written notice of the claim or "suit" as soon as practicable.
3.You and any other involved covered party must:
a.Immediately send us copies of any demands, notices, summonses or legal papers received in
connection with the claim or "suit";
b.Authorize us to obtain records and other information;
c.Cooperate with us in the investigation, settlement or defense of the claim or "suit"; and
d.Assist us, upon our request, in the enforcement of any right against any person or organization that
may be liable to the covered party because of injury or damage to which this coverage agreement
may also apply.
4.Nocovered parties will, except at their own cost, voluntarily make a payment, assume anyobligation, or
incur any expense, other than for first aid, without our consent.
C.Legal Action Against Us.
No person or organization has a right under this Coverage Agreement:
1.To join us as a party or otherwise bring us into a "suit" asking for damages from a covered party; or
2.To sue us on this Coverage Agreement unless all of its terms have been fully complied with.
Aperson or organization may sue us to recover on an agreed settlement or on a final judgment against a
Covered Party obtained after an actual trial; but we will not be liable for damages that are not payable under
the terms of this Coverage Agreement or that are in excess of the applicable limit of coverage. An agreed
settlement means a settlement and release of liability signed by us, the Covered Party and the claimant or
the claimant's legal representative.
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D.Representations.
By accepting this agreement, you agree:
1.The statements in the Declarations are accurate and complete;
2.Those statements are based upon representations you made to us; and
3.We have issued this agreement in reliance upon your representations.
E.Separation Of Covered Parties.
Exceptwith respect to the Limits of Coverage, and any rights or duties specifically assigned in this Coverage
Agreement to the first named Covered Party, this coverage agreement applies:
1.As if each named Covered Party were the only named Covered Party; and
2.Separately to each covered party against whom claim is made or "suit" is brought.
F.Transfer Of Rights Of Recovery Against Others To Us.
Ifthe covered party has rights to recover all or part of any payment we have made under this Coverage
Agreement, those rights are transferred to us. The covered party must do nothing after loss to impair them.
At our request, the covered party will bring "suit" or transfer those rights to us and help us enforce them.
G.When We Do Not Renew.
Ifwe decide not to renew this Coverage Agreement, we will mail or deliver to the first named Covered Party
shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date.
Ifnotice is mailed, proof of mailing will be sufficient proof of notice.
H.Support and Cooperation in Opposition to Claim Bill Legislation
Ifwe act to oppose legislation brought forth in accordance with Florida Statute 768.28, arising from a covered
occurrence, you shall use your best efforts to provide us with positive support and cooperation in such
opposition.
Suchpositive support and cooperation shall include, but is not limited to:
1.Formal proclamations or resolutions by your governing board in opposition to such legislation;
2.Oral or written testimony of your officials and employees at legislative hearings or other legislative
proceedings in opposition to such legislation; and
3.Personal contact by your officials and employees with legislators identified by us.
I.Coordination of Coverage with Public Officials Liability
In the event of a suit of claim triggering coverage under this Coverage Part and the PUBLIC OFFICIALS
LIABILITY COVERAGE PART, the terms and conditions in PGIT MN-090, I. OTHER COVERAGE OR
INSURANCE also apply.
SECTION V - DEFINITIONS
A."Advertising injury" means injury arising out of one or more of the following offenses:
1.Oral or written publication of material that slanders or libels a person or organization or disparages a
person's or organization's goods, products or services;
2.Oral or written publication of material that violates a person's right of privacy;
3.Misappropriation of advertising ideas or style of doing business; or
4.Infringement of copyright, title or slogan.
B."Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any
attached machinery or equipment. But "auto" does not include "mobile equipment."
C."Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from
any of these at any time.
D."Coverage territory" means:
1.The United States of America (including its territories and possessions), Puerto Rico and Canada;
2.International waters or airspace, provided the injury or damage does not occur in the course of travel or
transportation to or from any place not included in1. above; or
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3.All parts of the world if:
a.The injury or damage arises out of:
(1)Goods or products made or sold by you in the territory described in1. above; or
(2)The activities of a person whose home is in the territory described in1.above, but is away for a
short time on your business; and
b.The covered party's responsibility to pay damages is determined in a "suit" on the merits, in the
territory described in1.above or in a settlement we agree to.
E. “Fungi" means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or
byproducts produced or released by fungi.
F. "Impaired property" means tangible property, other than "your product" or "your work," that cannot be used or
is less useful because:
1.It incorporates "your product" or "your work" that is known or thought to be defective, deficient,
inadequate or dangerous; or
2.You have failed to fulfill the terms of a contract or agreement; or
ifsuch property can be restored to use by:
3.The repair, replacement, adjustment or removal of "your product" or "your work"; or
4.Your fulfilling the terms of the contract or agreement.
G. "Insured contract" means an agreement between two or more cities, counties, special districts, or other
governmental bodies regarding:
1.A lease of premises;
2.A sidetrack agreement;
3.Any easement or license agreement, except in connection with construction or demolition operations on
or within 50 feet of a railroad;
4.An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a
municipality;
5.An elevator maintenance agreement;
6.Where permitted by Florida Statute 768.28, that part of any other contract or agreement pertaining to
your business (including an indemnification of a municipality in connection with work performed for a
municipality) under which you assume the tort liability of another public entity to pay for "bodily injury" or
"property damage" to a third person or organization. Tort liability means a liability that would be imposed
by law in the absence of any contract or agreement.
An "insuredcontract" does not include that part of any contract or agreement:
7.That indemnifies any person or organization for "bodily injury" or "property damage" arising out of
construction or demolition operations, within 50 feet of any railroad property and affecting any railroad
bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing;
8.That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
a.Preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys,
change orders, designs or specifications; or
b.Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or
damage;
c.Under which the covered party, if an architect, engineer or surveyor, assumes liability for an injury or
damage arising out of the covered party's rendering or failure to render professional services,
including those listed inb. above and supervisory, inspection or engineering services; or
d.That indemnifies any person or organization for damage by fire to premises rented or loaned to you.
9.That does not comply with Florida Statute 768.28.
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H."Loading or unloading" means the handling of property:
1.After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or
"auto";
2.While it is in or on an aircraft, watercraft or "auto"; or
3.While it is being moved from an aircraft, watercraft or "auto" 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 "auto."
I. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or
equipment:
1.Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads;
2.Vehicles maintained for use solely on or next to premises you own or rent;
3.Vehicles that travel on crawler treads;
4.Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted:
a.Power cranes, shovels, loaders, diggers or drills; or
b.Road construction or resurfacing equipment such as graders, scrapers or rollers;
5.Vehicles not described in1.,2.,3. or 4.above that are not self-propelled and are maintained primarily to
provide mobility to permanently attached equipment of the following types:
a.Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical
exploration, lighting and well servicing equipment; or
b.Cherry pickers and similar devices used to raise or lower workers;
6.Vehicles not described in1.,2.,3. or 4.above maintained primarily for purposes other than the
transportation of persons or cargo.
However,self-propelled vehicles with the following types of permanently attached equipment are not "mobile
equipment" but will be considered "autos":
a.Equipment designed primarily for:
(1)Snow removal;
(2)Road maintenance, but not construction or resurfacing;
(3)Street cleaning;
b.Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or
lower workers; and
c.Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical
exploration, lighting and well servicing equipment.
J."Occurrence" means an accident, including continuous or repeated exposure to substantially the same
general harmful conditions.
K."Personal injury" means injury, other than "bodily injury," arising out of one or more of the following offenses:
1.Malicious prosecution;
2.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 by or on behalf of its owner, landlord or lessor;
3.Oral or written publication of material that slanders or libels a person or organization or disparages a
person's or organization's goods, products or services; or
4.Oral or written publication of material that violates a person's right of privacy.
L."Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot,
fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or
reclaimed.
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M.1."Products-completed operations hazard" includes all "bodily injury" and "property damage" occurring
away from premises you own or rent and arising out of "your product" or "your work" except:
a.Products that are still in your physical possession; or
b.Work that has not yet been completed or abandoned.
2."Your work" will be deemed completed at the earliest of the following times:
a.When all of the work called for in your contract has been completed.
b.When all of the work to be done at the site has been completed if your contract calls for work at more
than one 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.
Workthat may need service, maintenance, correction, repair or replacement, but which is otherwise
complete, will be treated as completed.
3.This hazard does not include "bodily injury" or "property damage" arising out of:
a.The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle
created by the "loading or unloading" of it;
b.The existence of tools, uninstalled equipment or abandoned or unused materials;
c.Products or operations for which the classification in this Coverage Form or in our manual of rules
includes products or completed operations.
N."Professional health care services" means any medical, surgical, nursing, psychiatric or dental service,
except:
1.The acts of certified emergency medical service personnel in the course and scope of their duties; or
2.The acts of a Medical Director in the course and scope of their duties as outlined in Florida Statute
401.265.
O."Property damage" means:
1.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
2.Loss of use of tangible property that is not physically injured. All such loss shall be deemed to occur at
the time of the "occurrence" that caused it.
P."Suit" means a civil proceeding in which damage because of "bodily injury," "property damage," "personal
injury" or "advertising injury" to which this coverage agreement applies are alleged. "Suit" includes:
1.An arbitration proceeding in which such damages are claimed and to which you must submit or do submit
with our consent; or
2.Any other alternative dispute resolution proceeding in which such damages are claimed and to which you
submit with our consent.
Q."Your product"
1.means: any goods or products, other than real property, manufactured, sold, handled, distributed or
disposed of by:
a.You;
b.Others trading under your name; or
c.A person or organization whose business or assets you have acquired; and
2.means: containers (other than vehicles), materials, parts or equipment furnished in connection with such
goods or products.
3.includes: warranties or representations made at any time with respect to the fitness, quality, durability,
performance or use of "your product"; and
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4.Includes: the providing of or failure to provide warnings or instructions.
"Yourproduct" does not include vending machines or other property rented to or located for the use of others
but not sold.
R."Your work"
1.means: work or operations performed by you or on your behalf; and
2.means: materials, parts or equipment furnished in connection with such work or operations.
3.includes: warranties or representations made at any time with respect to the fitness, quality, durability,
performance or use of "your work"; and
4.includes: the providing of or failure to provide warnings or instructions.
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PUBLIC ENTITY
PREFERRED ENDORSEMENT
THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY.
Thisendorsement modifies coverage provided under theGENERAL LIABILITY COVERAGE FORM, PGIT MN-
200:
This coverage does not apply to any liability:
A.Arising out of or caused or contributed to by any ownership, maintenance, operation, use , loading, unloading
or control of or responsibility for any airfield, airport, aircraft, runway, hangar, building or other property or
facility designed for, used, connected, associated or affiliated with or in any way related to aviation or aviation
activities; this exclusion does not apply to premises exposure for those common areas open to the public
including but not limited to parking areas, sidewalks, and terminal buildings.
B.alleging, based upon, arising out of or attributable to inverse condemnation, eminent domain, temporary or
permanent taking, adverse possession, dedication by adverse use, condemnation proceedings, or claims
brought under Florida Statute 70.001, the "Bert J. Harris, Jr., Private Property Rights Protection Act," or any
similar claim by whatever name called.
However, we will pay up to $100,000 per occurrence and aggregate, inclusive of expenses and after the
application of the General Liability Deductible for a claim alleging, based upon, arising out of or attributable to
inverse condemnation, eminent domain, temporary or permanent taking, adverse possession, dedication by
adverse use, condemnation proceedings, or claims brought under Florida Statute 70.001, the "Bert J. Harris,
Jr., Private Property Rights Protection Act," or any similar claim by whatever name called;
C.arising out of, in connection with or caused or contributed to by any failure or inability to supply or any
interruption of any adequate quantity of power, steam, pressure, or fuel;
. arising out of or caused or contributed to by any subsidence, erosion or earth movement;
E.arising out of or caused or contributed to by any operation, maintenance, use, ownership or control of or
responsibility for any:
1. Hospital;
2. Clinic;
3. Treatment center or other public medical, psychiatric or psychological facility
4. Medical, psychiatric or psychological treatment facility or infirmary at a prison, jail or other correctional
facility of incarceration;
5. Any other facility which is similar or related to any of the forgoing;
F. arising out of "bodily injury" or "property damage" if such "bodily injury" or "property damage" is due to the
rendering or failure to render any "professional health care services", but not including emergency medical
services for first aid performed by emergency medical technicians, paramedics or Medical Director while in
the course and scope of their duties.
G.arising out of or cause or contributed to by or connected with any actual or alleged violation of the Employee
Retirement Income Security Act of 1974 (Public Law 93-406) or any amendment thereto or any similar
provision of any local, state or federal law, statutory or common;
. arising out of or caused or contributed to by any actual or alleged illegal discrimination;
PGIT MN-203 (10 13)Page 1
. arising out of the sale or distribution or handling of contaminants, or pollutants including but not limited to
acids, alkylides, chemicals, fungus, metals, mold or bacteria in water sold, handled or distributed on behalf of
the named COVERED PARTY;
J.arising out of any claim for injunctive, declaratory, or equitable relief and costs inclusive of any attorneys fees
arising there from.
K.arising out of or caused by or contributed to by any actual or alleged deterioration, bursting, breaking,
leaking, inadequacy, design of, control of, maintenance of, or any other alleged responsibility for any
structure device, or water course, natural or man-made, including, but not limited to: dams, reservoirs,
levees, banks, embankments, gates, canals, ditches, gutters, sewers, aqueducts, channels, culvert, retaining
walls, drains, tanks, watershed, or drains, a purpose of which is the containing, carrying, impeding,
channeling, diverting, or draining of water or other liquid.
L.arising out of any activity or function by or on behalf of any law enforcement agency or any agent thereof
and/or activity or function related to the administration of the criminal justice system, including secondary
employment of any law enforcement official.
M.arising out of “bodily injury” or “property damage” if such “bodily injury” or “property damage” is due to the
rendering or failure to render any “professional health care services” if theCovered Party:
1.Is not properly licensed or their license is under suspension or has been revoked, surrendered, or
otherwise terminated. This exclusion applies only to theCovered Partywhose license is suspended,
revoked, surrendered, or otherwise terminated.
2.Is under the influence of intoxicants or drugs. This exclusion applies only to theCovered Party
that was under the influence of intoxicants or drugs.
N.arising from sexual abuse by anyCovered Partycommitted after initial discovery by any official, trustee,
director, officers, or partners of sexual abuse by suchCovered Party, whether the sexual abuse was before
or after suchCovered Partywas hired by you. However, discovery does not include discovery by the
official, trustee, director, officer, or partner who committed such sexual abuse.
PGIT MN-203 (10 13)
Page 2
PUBLIC ENTITY
GENERAL LIABILITY
DEDUCTIBLE LIABILITY COVERAGE
COVERED PARTY:
Cape Canaveral CRA
AGREEMENT NO.:ENDORSEMENT EFFECTIVE:
PK FL1 0054951 13-0112/10/2013
THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY.
Thisendorsement modifies coverage provided under theGENERAL LIABILITY COVERAGE FORM, PGIT MN-
200:
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the
endorsement.
This endorsement changes the agreement effective on the inception date of the agreement unless another date is indicated
above.
SCHEDULE
GENERAL LIABILITY
Bodily Injury Liability OR$Per “ Claim”$Per “Occurrence"
Property Damage Liability OR$Per “ Claim”$Per “Occurrence"
Bodily Injury Liability and/or$Per “ Claim”$0Per “Occurrence"
Property Damage Liability Combined
EMPLOYEE BENEFITS
Bodily Injury Liability OR$Per “ Claim”$Per “Occurrence"
Property Damage Liability OR$Per “ Claim”$Per “Occurrence"
Bodily Injury Liability and/or$Per “ Claim”$0Per “Occurrence"
Property Damage Liability Combined
LAW ENFORCEMENT LIABILITY
Bodily Injury Liability OR$Per “ Claim”$Per “Occurrence"
Property Damage Liability OR$Per “ Claim”$Per “Occurrence"
Bodily Injury Liability and/or$Per “ Claim”N/APer “Occurrence"
Property Damage Liability Combined
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
APPLICATION OF ENDORSEMENT (Enter below any limitations on the application of this endorsement. If no
limitation is entered, the deductibles apply to damages for all “bodily injury” and “property damage,” however
caused):
A.Our obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay damages on
your behalf applies only to the amount of damages in excess of any deductible amounts stated in the
schedule above as applicable to such coverages.
B.You may select a deductible amount on either a per claim or per “occurrence” basis. Your selected deductible
applies to the coverage option and to the basis of the deductible indicated by the placement of the deductible
amount in the Schedule above. The deductible amount stated in the Schedule above applies as follows:
PGIT MN-206 (10 13)Page 1
Includes copyrighted material of Insurance Services Office, Inc. with its permission
1.PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a per claim basis,
that deductible applies as follows:
a.Under Bodily Injury Liability Coverage, to all damages sustained by any one person because of
“bodily injury”;
b.Under Property Damage Liability Coverage, to all damages sustained by any one person because of
“property damage”; or
c.Under Bodily Injury Liability and/or Property Damage Liability Coverage Combined, to all damages
sustained by any one person because of:
(1)“Bodily injury”;
(2)“Property damage”; or
(3)“Bodily injury” and “property damage” combined as the result of any one “occurrence.”
Ifdamages are claimed for care, loss of services or death resulting at any time from “bodily injury,” a
separate deductible amount will be applied to each person making a claim for such damages.
With respect to “property damage,” person includes an organization.
2.PER OCCURRENCE BASIS. If the deductible amount indicated in the Schedule above is on a “per
occurrence” basis, that deductible amount applies as follows:
a.Under Bodily Injury Liability Coverage, to all damages because of “bodily injury”;
b.Under Property Damage Liability Coverage, to all damages because of “property damage”; or
c.Under Bodily Injury Liability and/or Property Damage Liability Coverage Combined, to all damages
because of:
(1)“Bodily injury”;
(2)“Property damage”; or
(3)“Bodily injury” and “property damage” combined
asthe result of any one “occurrence,” regardless of the number of persons or organizations who sustain
damages because of that “occurrence.”
C.The terms of this coverage, including those with respect to:
1.Our right and duty to defend the Covered Party against any “suits” seeking those damages; and
2.Your duties in the event of an “occurrence,” claim, or “suit”
apply irrespective of the application of the deductible amount.
D.
1.We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon
notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has
been paid by us.
2.In the event that an occurrence, accident or offense continues beyond the coverage period, the
applicable deductible would apply separately to each coverage period in which the occurrence, accident or
offense was committed or was alledged to have been committed.
PGIT MN-206 (10 13)Page 2
Includes copyrighted material of Insurance Services Office, Inc. with its permission
PUBLIC ENTITY
NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT
(Broad Form)
THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY.
Thisendorsement modifies coverage provided under theAUTOMOBILE COVERAGE FORM, PGIT MN-300and
theGENERAL LIABILITY COVERAGE FORM, PGIT MN-200
I. The coverage does not apply:
A.Under any Liability Coverage, to "bodily injury" or "property damage":
1.With respect to which a "Covered Party" under the policy is also an insured under a nuclear energy
liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability
Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an
insured under any such policy but for its termination upon exhaustion of its limit of liability; or
2.Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person
or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or
any law amendatory thereof, or (b) the "Covered Party" is, or had this policy not been issued would be,
entitled to indemnity from the United States of America, or any agency thereof, under any agreement
entered into by the United States of America, or any agency thereof, with any person or organization.
B.Under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the
"hazardous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any
person or organization.
C.Under any Liability Coverage, to "bodily injury" or "property damage" resulting from the "hazardous
properties" of "nuclear material," if:
1.The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on behalf of, a "Covered
Party" or (b) has been discharged or dispersed therefrom;
2.The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used,
processed, stored, transported or disposed of by or on behalf of a "Covered Party"; or
3.The "bodily injury" or "property damage" arises out of the furnishing by a "Covered Party" of services,
materials, parts or equipment in connection with the planning, construction, maintenance, operation or
use of any "nuclear facility," but if such facility is located within the United States of America, its territories
or possessions or Canada, this exclusion (3) applies only to "property damage" to such "nuclear facility"
and any property thereat.
II. As used in this endorsement:
"Hazardous properties"include radioactive, toxic or explosive properties;
"Nuclear material"means "source material," "special nuclear material" or "by-product material";
"Source material,""special nuclear material," and "by-product material" have the meanings given them in the
Atomic Energy Act of 1954 or in any law amendatory thereof;
"Spent fuel"means any fuel element or fuel component, solid or liquid, which has been used or exposed to
radiation in a "nuclear reactor;"
"Waste"means any waste material (a) containing "by-product material" other than the tailings or wastes
produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its
"source material" content, and (b) resulting from the operation by any person or organization of any "nuclear
facility" included under the first two paragraphs of the definition of "nuclear facility."
PGIT MN-900 (10 13)Page 1
"Nuclear facility" means:
1.Any "nuclear reactor";
2.Any equipment or device designed or used for: (a) separating the isotopes of uranium or plutonium, (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 "special nuclear material" if at
any time the total amount of such material in the custody of the "Covered Party" 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";
andincludes the site on which any of the foregoing is located, all operations conducted on such site and all
premises used for such operations.
"Nuclear reactor"means any apparatus designed or used to sustain nuclear fission in a self-supporting chain
reaction or to contain a critical mass of fissionable material.
"Property damage"includes all forms of radioactive contamination of property.
PGIT MN-900 (10 13)Page 2
PUBLIC ENTITY
AUTOMATIC ADDITIONAL COVERED PARTIES
THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY.
This endorsement modifies coverage provided under theAUTOMOBILE COVERAGE FORM, PGIT MN-300,the
GENERAL LIABILITY COVERAGE FORM, PGIT MN-200and thePROPERTY AND INLAND MARINE
COVERAGE FORM, PGIT MN-104
Whereindicated by (x) below, coverage applies to the person(s) or organization(s) as their interest may appear.
The provisions in this endorsement do not supersede Florida Statute 768.28, Article 10 § 13 of the Florida
Constitution, or any other Statute or law limiting whom a Public Entity can indemnify.
_X_ADDITIONAL COVERED PARTY - BY CONTRACT, AGREEMENT OR PERMIT
SECTION I - WHO IS A COVERED PARTY is amended to include any person(s) or organization(s)
(hereinafter calledAdditional Covered Party) with whom theCovered Partyagrees in a written
“insured contract” to name as anAdditional Covered Party, but only with respect to liability arising, in
whole or in part, out of the Covered Party'soperations, “your work” or facilities owned or used by the
Covered Party.
The coverage afforded to theAdditional Covered Partydoes not apply:
(1)Unless the written “insured contract”, agreement or permit was executed prior to the “bodily injury,”
“property damage,” “personal injury” or “advertising injury;”
(2)To any person(s) or organization(s) included as aCovered Partyunder this coverage agreement or
by an endorsement made part of this coverage agreement.
_X_ADDITIONAL COVERED PARTY - OWNERS OF LEASED EQUIPMENT
SECTION II - WHO IS A COVERED PARTYis amended to include any person(s) or organization(s)
(hereinafter calledAdditional Covered Party) with whom theCovered Partyagrees in a written
equipment lease or rental agreement to name as anAdditional Covered Party, but only with respect to
liability arising out of the sole negligence of theCovered Party, and only while such equipment is in the
care, custody or control of theCovered Party, or any employee or agent of theCovered Party.
The coverage afforded to theAdditional Covered Partydoes not apply to:
(1)“Bodily injury” or “property damage” occurring after you cease to lease or rent the equipment;
(2)“Bodily injury” or “property damage” arising out of any negligence of theAdditional Covered Party;
(3)Structural alterations, new construction or demolition operations performed by or on behalf of the
Additional Covered Party;
(4)Liability assumed by theAdditional Covered Partyunder any contract or agreement;
(5)“Property damage” to:
(a)Property owned, used, occupied by, or rented to theAdditional Covered Party;
(b)Property in the care, custody or control of the Additional Covered Party or its employees or
agents, or of which theAdditional Covered Party, its employees or agents are for any purpose
exercising physical control.
PGIT MN-902 (10 13)Page 1
_X_ADDITIONAL COVERED PARTY - MANAGERS OR LESSORS OF PREMISES
SECTION II - WHO IS A COVERED PARTYis amended to include any person(s) or organization(s)
(hereinafter calledAdditional Covered Party) with whom theCovered Partyagrees in a written
agreement to name as anAdditional Covered Party, but only with respect to liability arising, in whole or
in part, out of the “premises” leased to theCovered Partyby such person(s) or organization(s).
The coverage afforded to theAdditional Covered Partydoes not apply to:
(1)“Bodily injury” or “property damage” occurring after theCovered Partycease to be a tenant in that
“premises”;
(2)“Bodily injury” or “property damage” arising out of any negligence of theAdditional Covered Party;
(3)Structural alterations, new construction or demolition operations performed by or on behalf of the
Additional Covered Party;
(4)Liability assumed by theAdditional Covered Partyunder any contract or agreement;
(5)“Property damage” to:
(a)Property owned, used, occupied by, or rented to theAdditional Covered Party;
(b)Property in the care, custody or control of theAdditional Covered Partyor its employees or
agents, or of which theAdditional Covered Party, its employees or agents are for any purpose
exercising physical control.
Notwithstanding any other provision of this agreement, nothing in this agreement shall
be construed as a waiver of either the Covered Party’s or the Additional Covered
Party's sovereign immunity nor shall any provision of this agreement increase the
liability of the Covered Party or the Additional Covered Party, or the sums for which the
covered party may be liable, beyond the limits provided in§768.28, Florida Statutes.
PGIT MN-902 (10 13)Page 2
CLAIM NOTICE
Please notify:
Preferred Governmental Claim Solutions
P.O. Box 958456
Lake Mary, FL 32795-8456
Toll Free: 1-800-237-6617
Local: 321-832-1400
Fax : 1-321-832-1717
www.pgcs-tpa.com
There are four ways to report a claim:
24/7 Online @www.pgcs-tpa.com, you must register for this service on the website
Call 800-237-6617, ext 4069 - during office hours of 8am to 5pm Monday through Friday
Fax 321-832-1448
Email to LiabilityClaims@pgcs-tpa.com