ISO COMMERCIAL GENERAL LIABILITY COVERAGE FORMS ANALYSIS
(April 2008)

SECTION V–DEFINITIONS
Defined words are used throughout the policy. Restricting their meaning to the definition in the policy provides the means for all parties involved with the policy to have a clearer understanding of the coverage intended.

1. Advertisement is a published or broadcasted notice to the general public or specific market segments concerning the named insured's goods, products or services, done with the intent of attracting customers or supporters. Published notices include material placed on or in the Internet and other electronic forms of communication. Advertising notices on websites includes only the information about the named insured's goods, products or services for the purpose of attracting customers or supporters.

2. Auto is a land motor vehicle, trailer or semi-trailer designed for travel on public roads. It includes any attached machinery or equipment. Auto is also any other land vehicle subject to compulsory or financial responsibility laws or motor vehicle laws in the state where it is licensed or principally garaged. It does not include mobile equipment.

3. Bodily injury is bodily injury, sickness or disease sustained by a person. This includes death resulting from bodily injury, sickness or disease at any time.

4. Coverage territory is the United States of America, its territories and possessions, Puerto Rico and Canada. This includes international waters or airspace, subject to the injury or damage occurring during travel or transportation between any of these places.

Coverage territory includes other parts of the world, subject to the injury or damage arising out of the following, and subject to the insured's responsibility to pay damages being determined in a suit based on the merits in the territory described above or in a settlement the insurance company agrees to:

• Goods or products manufactured or sold by the named insured in the territory described above;
• Activities of persons whose homes are in the territory described above but who are away on the named insured's business for a short period of time; or
• Personal and advertising injury offenses taking place through the Internet and other electronic forms of communication.

5. Employee includes leased workers. It does not include temporary workers.

6. Executive officer is a person occupying any officer position created by the named insured's charter, constitution, by-laws or similar governing documents.

7. Hostile fire is a fire that becomes uncontrollable or burns outside of its intended receptacle. Please refer to PF&M Section HYPERLINK "http://www.rn-agencyonline.com/pfm/100/130_0603.HTM" 130.6-3, Fire–A Discussion, for more information and a detailed discussion of fire.

8. Impaired property is tangible property that cannot be used or is less useful because it includes a portion of the named insured's product or work known or thought to be dangerous, inadequate, defective or deficient, or involves situations where the named insured has not satisfactorily completed the terms of a contract or agreement. This is subject to the property actually being capable of being restored to use by the repair, replacement, adjustment or removal of the named insured's product or work, or by the named insured fulfilling the terms of the contract or agreement.

9. Insured contract consists of five specific documents:

• Lease of premises;
• Sidetrack agreement;
Note: A sidetrack agreement is a contract between the owners of a premises and a railroad with respect to a railroad transfer or access track on the insured property owner's premises. The railroad agrees to let the insured use the sidetrack as long as the railroad is guaranteed access to it and the owner agrees to certain conditions concerning maintenance of the property. These agreements may also contain specific hold harmless agreements between the property owner and the railroad.
• An easement or license agreement, except those connected with construction or demolition operations on or within 50 feet of a railroad;
• Obligations to indemnify a municipality required by ordinance, except those connected with work for that municipality; or
• Elevator maintenance agreements.

Insured contract also includes the part of any other contract or agreement that applies to the named insured's business where the named insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. This includes contracts or agreements that indemnify a municipality in conjunction with work done for the municipality. It does not include any part of a contract or agreement:

• That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations conducted within 50 feet of any railroad property that affects railroad bridges, trestles, tracks, roadbeds, tunnels, overpasses or crossings;
• That indemnifies an architect, engineer or surveyor for injury or damage arising out of preparing, approving or failing to approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, drawings and specifications, or giving or failing to give instructions or directions, if that act is the primary cause of the injury or damage; or
• Under which the insured, if an architect, engineer or surveyor, assumes liability for injury or damage arising out of the insured's rendering or failing to render professional services outlined above and supervisory, inspection, architectural or engineering activities.

Note: Tort liability is liability already imposed by law when there is no contract or agreement.

10. Leased worker is a person leased to the named insured by a labor-leasing firm under a written contract or agreement. The leased worker performs duties related to the conduct of the named insured's business. Leased workers are not the same as temporary workers.

11. Loading or unloading is the handling of property after it is moved from where it is taken for transportation on aircraft, watercraft or autos, while in or on those conveyances and while being removed from them at the final delivery location. It does not include movement of property by means of a mechanical device, other than a hand truck, not attached to the aircraft, watercraft or auto.

12. Mobile equipment includes certain land vehicles and machinery or equipment attached to them.
Examples are:

• Bulldozers, farm machinery, fork-lifts and other vehicles intended for off-road use;
• Vehicles used only on or next to owned or rented locations;
• Vehicles that operate using crawler treads;
• Vehicles used to provide mobility to permanently mounted equipment, such as power cranes, shovels, loaders, diggers or drills and road construction or resurfacing equipment, including graders, scrapers or rollers. The vehicles may or may not be self-propelled.
• Vehicles other than those described above that are not self-propelled and are used to provide mobility to permanently attached equipment, such as air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment and cherry pickers or similar devices used to raise or lower workers or equipment;
• Vehicles not described above used mainly for purposes other than transportation of persons or cargo. The following self-propelled vehicles with permanently attached equipment are treated as autos and not as mobile equipment:

• Snow removal, street cleaning and road maintenance equipment, excluding construction or resurfacing equipment;
• Cherry pickers and related equipment used to raise and lower workers mounted on an automobile or truck chassis; and
• Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment.

Note: Mobile equipment does not include any vehicle subject to compulsory or financial responsibility laws or motor vehicle insurance laws in the state where it is licensed or garaged. These vehicles are treated as autos.

13. Occurrence is an accident. It includes continuous or repeated exposure to essentially the same harmful conditions.

14. Personal and advertising injury is injury, including consequential bodily injury, arising out of one or more of the following offenses:

• False arrest, detention or imprisonment;
• Malicious prosecution;
• Violations of the right of privacy, including wrongful eviction from, wrongful entry into or invasion of the right of private occupancy of a space or a premises occupied by a person, based on acts of the owner, landlord or lessor or by those operating on their behalf;
• Any form of oral or written publication of material that libels or slanders a person or an organization, or that disparages the goods, products or services of a person or organization;
• Any form of oral or written publication of material that violates a person's right of privacy;
• The use of the advertising ideas of another in the named insured's advertisement; or
• Infringing on the copyright, trade dress or slogan of another in the named insured's advertisement.

15. Pollutants are any solid, liquid, gaseous or thermal irritant or contaminant. This includes smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed.

16. Products/completed operations hazard
This includes all bodily injury and property damage that occurs away from premises or locations the named insured owns or rents and arising out of its products or work, except:

• Products still in the named insured's physical possession; or
• Work still not yet completed or abandoned. This work is considered complete on the earliest date that all the work called for in the contract is done, when all work to be done at a job site is done in cases where the contract calls for work at more than one job site, or when that part of the work done at a job site is put to its intended use by any person or organization other than another contractor or subcontractor working on the same job site project.

Note: Work that is essentially complete except for still requiring some service, maintenance, correction, repair or replacement is treated as complete.

The products/completed operations hazard does not include bodily injury or property damage arising out of:

• The transportation of property, except for injury or damage that arises out of a condition in or on a vehicle not owned or operated by the named insured. The condition must have been created by the loading or unloading of that vehicle by any insured;
• The presence or existence of tools, uninstalled equipment or abandoned or unused materials; or
• Products or operations for which the classification indicated on the declarations or a schedule provides that the products/completed operations are subject to the General Aggregate Limit.

17. Property damage is:

• Physical injury to tangible property. This includes the resulting loss of use of that property. The loss of use is treated as having occurred at the same time as the physical injury that caused it; or
• Loss of use of tangible property not physically injured. The loss of use is treated as having occurred at the time of the occurrence that caused it.

Note: Electronic date is not considered tangible property. It means information, facts or programs stored as or on, created or used on or transmitted to or from computer software or any other media used with electronically controlled equipment.

18. Suit is a civil proceeding alleging damages for bodily injury, property damage or personal and advertising injury covered by this insurance. It includes arbitration proceedings or any other alternative dispute resolution proceeding in which such damages are claimed being submitted to by the insured with the insurance company's consent.

19. Temporary worker is any person furnished to the named insured to substitute for a permanent employee temporarily away from the business or to meet seasonal or short-term workload conditions.

20. Volunteer worker is a person not employed by the named insured but who donates his or her work and acts at the direction of and within the scope of duties prescribed by the named insured. Volunteer workers are not paid a fee, salary or other compensation by the named insured or any other party for the work performed.

21. Your product is:

• Any good or product, other than real property, manufactured, sold, handled, distributed or disposed of by the named insured, others trading under the named insured's name or the business or assets of a person or organization acquired by the named insured; or
• Containers, materials, parts or equipment furnished in connection with such goods or products. Containers do not include vehicles.

It also includes warranties or representations made concerning the fitness, quality, durability, performance or use of the named insured's product and providing or failing to provide warning literature or instructions. It does not include vending machines or other property rented to or located for use by others but not sold.

22. Your work means work or operations done by the named insured, or on behalf of the named insured, and materials, parts or equipment furnished in connection with such work or operations.
It includes warranties or representations made at any time concerning the fitness, quality, durability, performance or use of the named insured's work and the providing or failing to provide warnings or instructions.