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KPD Insurance, Inc.
<br />NOV. 30, 2006 10:46AM
<br />CNA COMMERCIAL ISIS,
<br />Section IV — Commercial General liability
<br />Conditions — Other Insurance:
<br />This insurance is excess, over any of the other
<br />insurance whether primary, excess, contingent
<br />or any other basis that is insurance available to
<br />you as a result of your being a participant in a
<br />'consolidated (wrap -up) insurance program ",
<br />but only as respects your involvement in that
<br />"consolidated (wrap -up) insurance program ".
<br />C. The following is added to Section V —
<br />Definitions:
<br />"Consolidated (wrap -up) insurance program"
<br />means a construction, erection or demolition
<br />project for which the prime contractor /project
<br />manager or owner of the construction project
<br />has secured general liability insurance covering
<br />some or all of the contractors or subcontractors
<br />involved in the project, otherwise referred to as
<br />an Owner Controlled Insurance Program
<br />(O.0 I.P.) or Contractor Controlled Insurance
<br />Program (C.C.I.P.).
<br />"Residential structure" means any structure
<br />where 30% or more of the square foot area is
<br />used or is intended to be used for human
<br />residency including but not limited to single or
<br />muitifamily housing, apartments, condominiums,
<br />townhouses, co- operatives or planned unit
<br />developments and also includes their common
<br />areas and /or appurtenant' s structures (including
<br />pools, hot tubs, detached garages, guest
<br />houses or any similar structures). When there is
<br />no individual ownership of units, residential
<br />structure does not include,. military housing,
<br />College /university housing „or, dormitories, long
<br />term care facilities, hotels, or motels.
<br />Residential structure also does not include
<br />hospitals or prisons.
<br />21. CONTRACTUAL LIABILITY — RAILROADS
<br />With respect to operations performed within 50 feet
<br />of railroad property and for which a Railroad
<br />Protective Liability policy in the name of the railroad
<br />has been provided, the definition of "insured
<br />Contract” in the SECTION V — DEFINITIONS is
<br />replaced by the following:
<br />"Insured Contract" means:
<br />a. A contract for a lease of premises.
<br />However, that portion of the contract for
<br />a lease of premises that indemnifies
<br />any person or organization for damage
<br />G- 18352 -H
<br />(Ed. 01106)
<br />Nov. 15 -2010 09:34:09 Pg. 013
<br />N0, 6332 P. 8
<br />G- 18652 -H
<br />(Ed. 01 /06)
<br />by fire to premises while rented to you
<br />or temporarily occupied by you with
<br />permission of the owner is not an
<br />"insured contract',
<br />b. A sidetrack agreement;
<br />c. Any easement or license agreement,
<br />d. An obligation, as required by ordinance.
<br />to indemnify a municipality, except in
<br />connection with work for a municipality,
<br />e. An elevator maintenance agreement;
<br />f. That part of any other contract or
<br />agreement pertaining to your business
<br />(including an indemnification of a
<br />municipality in connection with work
<br />performed for a municipality) under
<br />which you assume the tort liability of
<br />another party to pay for "bodily injury' or
<br />"property damage" to a third person or
<br />organization. Tort liability means a
<br />liability that would be imposed by law in
<br />the absence of any contract or
<br />agreement.
<br />Paragraph f. does not include that part
<br />of any contract or agreement
<br />(1) That indemnifies an architect,
<br />engineer or surveyor for injury or
<br />damage arising out of: ,,,a ,
<br />(a) Preparing, approving or failing
<br />to prepare or approve maps,
<br />shop drawings, opinions,
<br />reports, surveys,__ orders,
<br />change orders or,drawings and
<br />specifications; or
<br />(b) Giving directions or instructions,
<br />or failing to give them, if that is
<br />the primary cause of the injury
<br />or damage;
<br />(2) Under which the insured, if an
<br />architect, engineer or surveyor,
<br />assumes liability for an injury or
<br />damage arising out of the insured's
<br />rendering or failure to render
<br />professional services, including
<br />those listed in paragraph (1) above
<br />and supervisory, inspection,
<br />architectural or engineering
<br />activities.
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