2019/01/23 Council Agenda Packet

• ZD2 A738713 03 0901489 4 c. Employer's Liability (3) Insurrection, rebellion, revolution, usurped "Bodilyinjury"to: power, or action taken by governmental authority in hindering or defending against (1) An "employee" of the insured arising out of any of these. and in the course of: SUPPLEMENTARY PAYMENTS (a) Employment by the insured; or We will pay, with respect to any claim we investigate (b) Performing duties related to the conduct or settle, or any"suit"against an insured we defend: of the insured's business; or 1. All expenses we incur. (2) The spouse, child, parent, brother or sister 2. The cost of bonds to release attachments, but only of that "employee" as a consequence offor bond amounts within the applicable limit of Paragraph(1)above. insurance.We do not have to furnish these bonds. This exclusion applies whether the insured 3. All reasonable expenses incurred by the insured at may be liable as an employer or in any other our request to assist us in the investigation or capacity and to .any obligation to share "suit",defense of the claim orincluding actual loss damages with or repay someone else who must pay damages because of the"injury . of earnings up to $250 a day because of time off from work. d. Liquor License Not In Effect 4. All court costs taxed against the insured in the "Injury" arising out of any alcoholic beverage "suit". However, these payments do not include sold, served or furnished while any required attorneys' fees or attorneys' expenses taxed license is not in effect. against the insured. e. Your Product 5. Prejudgment interest awarded against the insured "Injury" arising out of "your product". This on that part of the judgment we pay. If we make an exclusion does not apply to "injury" for which offer to pay the applicable limit of insurance, we the insured or the insured's indemnitees may will not pay any prejudgment interest based on be held liable by reason of: that period of time after the offer. (1) Causing or contributing to the intoxication of 6. All interest on the full amount of any judgment that any person; accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the (2) The furnishing of alcoholic beverages to a person under the legal drinking age or part of the judgment that is within the applicable limit of insurance. under the influence of alcohol; or (3) Any statute, ordinance or regulation relating 7. Expenses incurred by the insured for first aid to the sale, gift, distribution or use of administered to others at the time of an event to which this insurance applies. alcoholic beverages. f. Other Insurance These payments will not reduce the limits of insurance. Any "injury" with respect to which other SECTION II—WHO IS AN INSURED insurance is afforded, or would be afforded but for the exhaustion of the limits of insurance. 1. If you are designated in the Declarations as: This exclusion does not apply if the other a. An individual, you and your spouse are insurance responds to liability for "injury" insureds. imposed on the insured by reason of the b. A partnership or joint venture, you are an selling, serving or furnishing of any alcoholic insured. Your members, your partners, and beverage. - their spouses are also insureds, but only with g. War respect to the conduct of your business. "Injury", however caused, arising, directly or c. A limited liability company, you are an insured. indirectly,out of: Your members are also insureds, but only with (1) War,including undeclared or civil war; respect to the conduct of your business. Your managers are insureds, but only with respect (2) Warlike action by a military force, including to their duties as your managers. 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 Page 2 of 6 ©Insurance Services Office, Inc., 2012 CG 00 33 0413 39