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中国平安财产保险股份有限公司
YUM! General Liability And Products Liability Insurance Clause (Version 2009)
（本条款适用于YUM！项目以协议方式承保）
PART ONE-BODILY INJURY AND PROPERTY DAMAGE
A. We Will Pay We will pay those sums that the insured becomes legally obligated to pay as damages because of “bodily injury” or “property damage” to which this insurance applies. We will have the right and duty to defend the insured against any ”suit” seeking damages. However, we will have no duty to defend the insured against any “suit” seeking damages for “bodily injury” or “property damage” to which this insurance does not apply.
B. How This Insurance Applies This insurance 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 covered “territory”; and
2. The “bodily injury” or “property damage” occurs during the policy period.
C. We Will Also Pay We will pay damages because of “bodily injury” to include damage claimed by any person or organization for care, loss of services or death resulting at any time from the “bodily injury”.
D. Exclusions. This insurance does not apply to:
1. Expected or Intended Injury. “Bodily injury” or “property damage” expected or intended from the standpoint of the insured. This exclusion does not apply to “bodily injury” resulting from the use of reasonable force to protect persons or property.
2. Contractual Liability. “Bodily injury” or “property damage” for which the insured 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:
a. That the insured would have in the absence of the contract or agreement; or
b. 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. Solely for the purposes of liability assumed in an “insured contract”, reasonable attorney fees and necessary litigation expenses incurred are deemed to be damages because of “bodily injury” or “property damage”, provided:
(1) Liability to such party for, or for the cost of, that party’s defense has also been assumed in the same “insured contract:; and
(2) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged.
3. Liquor Liability. “Bodily injury” or “property damage” for which any insured may by held liable by reason of:
a. Causing or contributing to the intoxication of any person;
b. The furnishing of alcoholic beverages to a person under the legal age or under the influence of alcohol; or
c. Any statute, ordinance or regulation relating to the sales, gift, distribution or use of alcoholic beverages.
This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages.
4. Workers’ Compensation and Similar Laws. Any obligation of the insured under a Workers’ Compensation, Disability Benefits or Unemployment Compensation law or any similar law.
5. Employer’s liability. “Bodily Injury” to:
a. An “employee” of the insured arising out of and in the course of:
(1) Employment by the insured; or
(2) Performing duties related to the conduct of the insured’s business; or
b. The spouse, child, parents, brother or sister of that “employee” as a consequence of Paragraph (1) above.
This exclusion applies:
a. Whether the insured may be liable as an employer or in any other capacity; and
b. To any obligation to share damages with or repay someone else who must pay damages because of the injury.
This exclusion does not apply to liability assumed by the insured under an “insured contract”.
6. Pollution
a. “Bodily injury” or “property damage” arising out of actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of “pollutants”:
(1) 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 insured. However, this subparagraph does not apply to:
(a) “Bodily injury” if sustained within a building and caused by smoke, fumes, vapor or soot from equipment used to heat that building;
(b) “Bodily injury” or “property damage” for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operation performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or
(c) “Bodily injury” or “property damage” arising out of heat, smoke or fumes from a “hostile fire”;
(2) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste;
(3) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for any inured or any person or organization for whom you may be legally responsible; or
(4) 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 “pollutants” are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to:
(a) “Bodily injury” or “property damage” arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of “mobile equipment” or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the “bodily injury” or “property damage” arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or releases as part of the operations being performed by such insured, contractor or subcontractor;
(b) “Bodily Injury” or “property damage” sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or
(c) “Bodily injury” or “property damage” arising out of heat, smoke or fumes from a “hostile fire”.
(5) 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”.
b. Any loss, cost or expense arising out of any:
(1) Request, demand, order or statutory or regulatory requirement that any insured 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”. 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.
7. 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 insured. Use includes operation and “ loading or unloading”.
This exclusion does not apply to:
a. A watercraft while ashore on premises you own or rent;
b. A watercraft you do not own that is:
(1) Less than 26 feet long; and
(2) Not being used to carry persons or property for a charge;
c. Parking an “auto” on, or on the ways next to, premises you own or rent, provided the “auto” is not owned by or rented or loaned to you or the insured;
d. Liability assumed under any “insured contract” for the ownership, maintenance or use of aircraft or watercraft; or
e. “Bodily injury” or “property damage” arising out of the operations of any of the equipment listed in Paragraph 6.(b) or 6.(c) of the definition of “mobile equipment”.
8. Mobile Equipment. “Bodily injury” or “property damage” arising out of:
a. The transportation of “mobile equipment” by an “auto” owned or operated by or rented or loaned to any insured; or
b. The use of “mobile equipment” in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity.
9. War. “Bodily injury” or “property damage’ due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement.
10. Damage to Property. “Property damage” to:
a. Property you own, rent, or occupy;
b. Premises you sell, give away or abandon, if the “property damage” arises out of any part of those premises;
c. Property loaned to you;
d. Personal property in the care, custody or control of the insured;
e. 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
f. That particular part of any property that must be restored, repaired or replaced because “your work” was incorrectly performed on it.
g. Paragraph a, c, and d of this exclusion do not apply to “property damage” (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven (7) or fewer consecutive days.
h. Paragraph b of this exclusion does not apply if the premises are “your work” and were never occupied, rented or held for rental by you.
i. Paragraphs c, d, e, and f of this exclusion do not apply to liability assumed under a sidetrack agreement.
j. Paragraph f of this exclusion does not apply to “property damage” included in the “products-completed operations hazard”.
11. Damage To Your Product. “ Property damage” to “your product” arising out of it or any part of it.
12. 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”. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.
13. 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:
a. A defect, deficiency, inadequacy or dangerous condition in “your product” or “your work”;
or
b. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms.
This exclusion 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.
14. 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 :
a. “Your product”;
b. “Your work”; or
c. 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.
15. Personal And Advertising Injury. “ Bodily injury” arising out of “personal and advertising injury”.
Exclusions 3, through 14 do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner.
A. We will pay. We will pay those sums that the insured becomes legally obligated to pay as damages because of “personal and advertising injury” to which this insurance applies. We will have the right and duty to defend the insured against and “suit” seeking those damages. However, we will have no duty to defend the insured against any “suit” seeking damages for “personal and advertising injury” to which this insurance does not apply.
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments - Part Four.
B. How This Insurance Applies This insurance applies to “personal and advertising injury” caused by an offense arising out of your business but only if the offense was committed in the “coverage territory” during the policy period.
C. Exclusions.
This insurance does not apply to:
1. “Personal and advertising injury”
a. Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict “personal and advertising injury”;
b. Arising out of oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity;
c. Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period;
d. Arising out of a criminal act committed by or at the direction of any insured;
e. For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement;
f. Arising out of breach of contract, except an implied contract to use anther’s advertising idea in your “advertisement”;
g. Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your ”advertisement”;
h. Arising out of the wrong description of the price of goods, products or services stated in your ”advertisement’;
i. Committed by an insured whose business is advertising, broadcasting, publishing, or telecasting. However, this exclusion does not apply to Paragraphs N.1., 2., 3. Of “personal and advertising injury” under the Definitions Section; or
j. Arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of “pollutants” at any time.
2. Any loss, cost or expense arising out of any:
a. Request, demand or order that any insured 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 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”.
PART THREE - MEDICAL PAYMENTS
A. We Will Pay. We will pay at our discretion medical expenses as described below for “bodily injury” caused by accident:
1. On premises you own or rent;
2. On ways next to premises you own or rent; or
3. Because of your operations;
4. If the accident takes place in a covered “territory.”
5. If the injured person submits to examination, at our expenses, by physicians of our choice as often as we reasonably require.
B. We Will Also Pay We will also pay at our discretion regardless of fault all 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.
C. Exclusion We will not pay expenses for “bodily injury”.
1. To any insured.
2. To a person hired to do work for or on behalf of any insured or a tenant of any insured.
3. To a person injured on that part of premises you own or rent that the person normally occupies.
4. To a person, whether or not an “employee” of any insured, if benefits for the “bodily injury” are payable or must be provided under a workers’ compensation or disability benefits law or a similar law.
5. To a person injured while taking part in athletics.
6. Included within the “products-completed operations hazard”.
7. Excluded under Coverage A.
8. Due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution.
PART FOUR - SUPPLEMENTARY PAYMENTS
A. We Will Pay with respect to any claim we investigate or settle, or any “suit” against an insured we defend under Part One or Part Two:
1. All expenses we incur.
2. 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. We do not have to furnish these bonds.
4. All reasonable expenses incurred by the insured at our request to assist us in the investigation of defense of the claim or “suit”, including actual loss of earnings because of time off from work.
5. All costs taxed against the insured in the “suit”.
6. Prejudgment interest awarded against the insured on that part of the judgement we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any 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 insurance.
B. We Will Also Pay to defend an indemnitee of the Insured if we defend an insured against a “suit” and if indemnitee of the insured is also named as a party to the “suit”. We will defend that indemnitee under the following conditions if:
1. The “suit” against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an “insured contract”;
2. Such liability is assumed by the insured;
3. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same “insured contract”;
4. The allegations in the “suit” and the information we know about the “occurrence” are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee;
5. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such “suit” and agree that we can assign the same counsel to defend the insured and the indemnitee:
6. The indemnitee:
a. Agrees in writing to:
(1) Cooperate with us in the investigation, settlement or defense of the “suit”;
(2) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the “suit”;
(3) Notify any other insurer whose coverage is available tot he indemnitee, and
(4) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and
b. Provides us with written authorization to:
(1) Obtain records and other information related to the “suit”; and
(2) Conduct and control the defense of the indemnitee in such “suit”.
So long as the above conditions are met, attorneys’ fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Our obligation to defend an insured indemnitee and to pay for the cost of defense ends when the conditions above are no longer met.
PART FIVE - WHO IS AN INSURED
A. Who is An Insured You are an insured if you are designed in the Declaration as:
1. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner.
2. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insured, but only with respect to the conduct of your business.
3. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business.
4. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your “executive officers” and directors are insureds, but only with respect to their duties as your managers.
B. Also insured Each of the following is also an Insured:
1. Your “employees”, other than either your “executive officers” (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these “employees” is an insured for:
a. “Bodily injury” or “personal and advertising injury”
(1) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a “co-employee” while that “co-employee” is either in the course of his or her employment or performing duties related to the conduct of you business;
(2) To the spouse, child, parent, brother or sister of the “co-employee” as a consequence of Paragraph (a)(1) above;
(3) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (a)(1) or (2) above; or
(4) Arising out of his or her providing or failing to provide professional health care services.
b. “Property damage” to property;
(1) Owned, occupied or used by,
(2) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of you “employees’, any partner or member (if you are a partnership of joint venture), or any member (if you are a limited liability company).
2. Any person (other than your “employee”), or any organization while acting as your real estate manager.
3. Any person or organization having proper temporary custody of your property if you die, but only:
a. With respect to liability arising out of the maintenance or use of that property; and
b. Until your legal representative has been appointed.
4. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part.
5. Any person while driving “mobile equipment” registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to:
a. “Bodily injury to a “co-employee” of the person driving the equipment; or
b. “Property damage” to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision.
6. Any organization which is in a similar business nature as the insured you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership of majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However:
a. Coverage A does not apply to “bodily injury” or “property damage” that occurred before you acquired or formed the organization; and
b. Coverage B does not apply to “personal and advertising injury” arising out of an offense committed before you acquired or formed the organization.
PART SIX DEFINITIONS
A. “Advertisement” means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters.
B. “Auto” means a land motor vehicle, trailer or semi-trailer 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 theses at any time.
D. “Coverage territory” means worldwide.
E. “Employee” includes a “leased worker”. “Employee” does not include a “temporary worker”.
F. “Executive officer” means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document.
G. “Hostile fire” means one which becomes uncontrollable or breaks out from its intended place.
H. “Impaired property” means tangible property, other than “your product” or “your work”, that cannot be used or is less useful because it incorporates “your product” or “your work” that is known or thought to be defective, deficient, inadequate or dangerous; or you have filed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair, replacement, adjustment or removal of “your product” or “your work” or you fulfilling the terms of the contract or agreement.
I. “Insured contract” means:
1. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an “insured contract”,
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;
5. An elevator maintenance agreement;
6. 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 party 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. Paragraph 6 does not include that part of any contract or agreement:
a. That indemnifies a railroad 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, road-beds, tunnel, underpass or crossing;
b. That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(1) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, filed orders, change orders or drawings and specifications; or
(2) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or
c. Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured’s rendering or failure to render professional services, including those listed in (b) above and supervisory, inspection, architectural or engineering activities.
J. “Lease worker” means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. “Leased worker” does not include a “temporary worker”.
K. “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 mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or “auto”.
L. “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 in 1., 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 in 1., 2., 3., or 4. above maintained primarily for purposes other than the transportation of person 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; or
(3) Street cleaning;
b. Cherry pickers and similar devices mounted on automobile or truck chasis 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.
M. “Occurrence” means an accident, including continuous or repeated exposure to substantially the same general harmful conditions.
N. “Personal and advertising injury” means injury, including consequential “bodily injury”, arising out of one or more of the following offenses:
1. False arrest, detention or imprisonment;
2. Malicious prosecution;
3. 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, committed by or on behalf of its owner, landlord or lessor;
4. 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;
5. Oral or written publication of material that violates a person’s right of privacy;
6. The use of another’s advertising idea in your “advertisement”; or
7. Infringing upon another’s copyright, trade dress or slogan in your “advertisement”.
O. “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.
P. “Products-completed operations hazard”:
1. Includes all “bodily injury” and “property damage” occurring away from premises you own or rent and arising out of “your product” or “your work” expect:
a. Products that are still in your physical possession; or
b. Work that has not yet been completed or abandoned. However, “your work” will be deemed completed at the earliest of the following times:
(1) When all of the work called for in your contract has been completed
(2) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site.
(3) When the 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.
(4) Work that may need service, maintenance, correction, repair or replacement, but which is otherwise completed, will be treated as completed.
2. 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 not owned or operated by you, and that condition was created by the “loading or unloading” of that vehicle by any insured;
b. The existence of tools, uninstalled equipment or abandoned or unused materials.
Q. “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 of use shall be deemed to occur at the time of the “occurrence” that caused it.
R. “Suit” means a civil proceeding in which damages because of “bodily injury”, “property damage” or “personal and advertising injury” to which this insurance applies are alleged. “Suit” includes :
1. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; and
2. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits without consent.
S. “Temporary worker” means a person who is furnished to you to substitute for a permanent “employee” on leave or to meet seasonal or short-term workload conditions.
T. “Your Product” means:
1. 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.
2. Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products.
3. “Your Product” includes:
a. Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of “your product”; and
b. The providing of or failure to provide warnings or instructions.
4. “Your product” does not include vending machines or other property rented to or located for the use of others but not sold.
U. “Your work” means:
1. Work or operations performed by you or on your behalf; and
2. Materials, parts or equipment furnished in connection with such work or operations.
3. “Your work” includes:
a. Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of “your works”; and
b. The providing of or failure to provide warnings or instructions.
GENERAL AND PRODUCTS LIABILITY
This endorsement clarifies insurance provided under Part One.
The definition of covered expense shall include the costs of preventative measures taken to reduce the severity and to halt the spread or eliminate the threat of contamination of food product when such contamination has been identified as likely to lead to an insured claim. Such covered expense shall include the cost of inoculating the general public, inoculating employees, vaccinating employees, providing gloves for wear in the restaurant, and operating an 800 customer service hotline, but only for the limited time period it takes to mitigate the cost of the claim and only for the location(s) associated with the claim. Specifically excluded are: YUM and Brand employee expenses incurred, including salaries, travel and other expenses; Public Relations, Crisis Management and Quality Assurance expenses.
GENERAL AND PRODUCTS LIABILITY
ENDORSEMENT #2
NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT
The insurance does not apply:
A. Under any Liability Coverage, to “bodily injury” or “property damage”.
1. With respect to which an “insured” 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 e 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 “insured” is, or had this policy not been insured would be, entitled to indemnity from the United States of America, or any agency thereof, with any person or organization.
B. Under any Medial 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 “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, an “insured” 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 an “insured”, or
3. The “bodily injury” or “property damage” arises out of the furnishing by an “insured”. Or The “bodily injury” or “property damage” arises out of the furnishing by an “insured” 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 thereof.
As used in this endorsement:
A. “Hazardous properties” includes radioactive, toxic or explosive properties.
B. “Nuclear material” means “source material”, “Special nuclear material” or “by-product Material”.
C. “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.
D. “Spent fuel” means any fuel element of fuel component, solid or liquid, which has been used or exposed to radiation in a “nuclear reactor”.
E. “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”.
F. “Nuclear facility” means”
1. Any “nuclear reactor”,
2. Any equipment or device designed or used for (1) separating the isotopes of uranium or Plutonium (2) processing or utilizing “spent fuel”, or (3) handling, processing or packaging “waste”,
3. Any equipment or device used for the processing, fabricatingor alloying of “special nuclear material” if at any time the total amount of such material in the custody of the “insured” 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”,
And includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations.
G. “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.
H. “Property damage” includes all forms of radioactive contamination of property.
GENERAL AND PRODUCTS LIABILITY
ASBESTOS EXCLUSION ENDORSEMENT
This insurance does not apply to any obligation of “ours”:
A. To investigate, settle or defend any claim or suit against any “insured” alleging actual or
threatened injury or damage of any nature or kind including loss of use to persons or property, which arise out of or would not have occurred but for:
1. exposure to asbestos; or
2. manifestation of any disease relating to the exposure of asbestos;
during the policy period or at any time prior to the policy period.
B. To pay, contribute or indemnify another for any injury or damage resulting in judgments, settlements, loss, costs or expenses awarded or incurred that:
1. arises out of any such claim or suit; or
2. arises due to compliance with any action authorized by law relating to such injury or
damage.
GENERAL AND PRODUCTS LIABILITY
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US
We waive any right of recovery we may have against a person or organization for payments we make for injury or damage arising out of the ongoing operations or “your work” when you are obligated under contract to waive your rights against such party. This waiver applies only to a contract you enter into with a person or organization and included in the “products-completed operations hazard”
GENERAL LIABILITY AND PRODUCTS LIABILITY
LIBERALIZATION
If any standardized coverage provided under this policy is revised by the industry to add or expand Coverage and is included as part of a “Standard Form” without an additional premium charge, this policy will automatically provide the additional coverage as of the day the revision is effective in your state or country.
GENERAL LIABILITY AND PRODUCTS LIABILITY
CHANGE IN DEFINITIONS
A. Bodily Injury. Definition C is amended to read bodily injury, sickness or disease sustained by a person, including death, shock, mental anguish, fright, mental injury, disability and humiliation, but only if resulting from one or more of the following:
1. Harassment,
2. Threat of physical harm to individuals both on and off the premises;
3. Complaints involving foreign objects in the insured’s products;
4. Witnessing of any act or acts but not necessarily limited to robbery, assaults, melees, extortion, muggings, car jacking and kidnappings.
B. Mobile equipment Definition L is amended to include all unlicensed self-propelled vehicles.
C. “Occurrence” – Definition M is amended to add a new paragraph as follows: As respects “Products Completed Operations Hazard, “occurrence” also means all “bodily injury” or “property damage” arising out of the “Products Completed Operations Hazard” attributable directly or indirectly to the same event or condition affecting goods or products manufactured, sold, handled or distributed by you or others trading under your name regardless of the time following the inception of the policy or location within the “coverage territory” over which the “bodily injury” or “property damage” occur or the number of persons claiming ‘ bodily injury” or “property damage”.
D. “Product – completed operations hazard” Definition P is replaced by the following:
1. Includes all “bodily injury” and “property damage” that arises out of “your products “ if the “bodily injury” or “property damage” occurs after you have relinquished possession of those products.
GENERAL AND PRODUCTS LIABILITY
A. Who Is An Insured (Part Five) is amended to include as an insured;
1. Any employee, executive officer, director, or stockholder as individuals while acting “within the Scope of their duties” to you; and
2. Any subsidiary company or corporation of Yours (including subsidiaries thereof); and
3. Any other affiliated company or corporation under your financial control and active management As now or hereafter constituted; and
4. Any “joint venture” of which you are a member of or a partner of provided that our liability is limited to the of your interest in such a joint venture.
5. Any employee organizations of the Named Insured’s employees other than labor unions, but this insurance will be excess over and will not contribute if any other valid and collectible insurance is available to such organizations.
6. Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy. However, the insurance provided will not exceed the lesser of:
a. The scope of coverage and/or limits of this policy; or
b. The scope of coverage and/or limits required by said contract or agreement.
7. Any person or organization (referred to below as vendor) for which a Certificate of Insurance has been issued but only with respect to “bodily injury” or “property damage arising out of “Your products” which are distributed or sold in the regular course of the vendor’s business, subject to the following additional exclusions:
a. The insurance afforded the vendor does not apply to:
(1) “bodily injury” or “property damage” for which the vendor 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 that the vendor would have in the absence of the contract or agreement;
(2) Any express warranty unauthorized by you;
(3) Any physical or chemical change in the product made intentionally by the vendor;
(4) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
(5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products;
(6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor’s premises in connection with the sale of the product;
(7) Products which, after distribution or sale by you, have been labeled or used as a container, part or ingredient of any other thing or substance by or for the vendor.
b. This insurance does not apply to any insured person or organization, from whom you have Acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products.
8. Person or organization for whom a Certificate has been issued, but only with respect to liability Arising out of your ongoing operations performed for that insured.
B. Joint Venture means any joint venture, co-venture, joint lease, joint operating agreement or partnership in which you have any interest. The words “percentage interest” as used herein means the percentage of interest you have in said “joint venture” as set forth in writing or it not set forth in writing, then that percentage which would be imposed by law at the inception of said joint venture: provided, however, such percentage shall not be increased by the insolvency of others involved in said joint venture.
C. The words “within the scope of their duties” is broadened to include:
1. Organizing, practicing or participating in athletic or competitive events, sanctioned or sponsored By the Named Insured; and
2. Organizing, attending or participating in social or civic events sanctioned or sponsored by the Named Insured.
GENERAL AND PRODUCTS LIABILITY
BROADENED PERSONAL INJURY DEFINITION
“Personal Injury & Advertising Injury”, Part Six – Definition N – is amended as follows:
“Personal Injury” means injury, other than “bodily injury”, including mental anguish,
Mental injury, shock and humiliation.
“Personal Injury” is amended to include the following offenses:
1. Discrimination by reason of age, sex, handicap or disablement, religion or national or racial
origin not committed by or at the direction of you or any executive officer, director, stockholder,
partner or member of the insured, but only with respect to the injury to the feelings or reputation
of a natural person arising out of such discrimination.
2. The insurance for discrimination does not apply to:
a. personal injury sustained in the states of New York or Ohio, or in any other state or
Jurisdiction where insurance for such injury is contrary to law or public policy;
b. fines or penalties;
c. any employee of the insured for claims that arise out of the employment of the injured
person
d. class actions or to any individual claim for damages which is included within or in part of
any class action.
This endorsement is not intended to extend coverage to claims made by an employee when the injury
arises out of the employment of the claiming party.
GENERAL AND PRODUCTS LIABILITY
CHANGE IN EXCLUSIONS
The following exclusions are either changed or deleted from the policy:
A. Part Five – Also Insured, B 1 (a) (1) is replaced by:
(a) (1) to you, to your partners or members (if you are a partnership or joint venture)
B. Part Two – Personal and advertising Injury, C, Exclusion 1.2e. is deleted in its entirety
C. Part One – Bodily Injury and Property damage, D, Exclusion, 7.b., Aircraft, Auto or Watercraft is Replaced by:
7.b. Less than 200 feet long
D. Part One – Bodily Injury and Property Damage, D. Exclusion, Alienated Premises is deleted in its entirety.
E. Part One – Bodily Injury and Property Damage , D. Exclusion, 6, Pollution Exclusion, is amended by adding:
This exclusion does not apply to “Bodily Injury” or “Property Damage” arising out of a the actual, Alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants directly Caused by a hostile fire, explosion, vandalism and malicious mischief, lighting and windstorm.
F. Part One – Bodily Injury and Property Damage, D. Exclusion, 1. is amended to read: This insurance does not apply to “bodily injury” or “property damage” Resulting from use of force to protect persons or property.
G. Part One – Bodily Injury and Property Damage, D Exclusion, 6.c. Radioactive Matter, is amended to add:
6.c. Any liability for “ property damage”, “bodily injury”, arising form the actual, alleged or threatened exposure of person(s) or property to any radioactive matter.
GENERAL AND PRODUCTS LIABILITY
ENDORSEMENT #10
PER OCCURRENCE DEDUCTIBLES
The following deductibles shall apply to loss under the General and Products Liability section:
$5,000 USD deductible shall apply per each occurrence to loss covered under this policy section in the Countries of Australia, Canada and United Kingdom. If multiple claims arise out of the same occurrence, only one deductible shall apply. The deductible shall apply to all losses that occur from the effective date of the policy.
GENERAL AND PRODUCTS LIABILITY
MEDICAL PAYMENTS EXCLUSION
Part Three – Medical Payments Section is deleted in its entirely.
GENERAL AND PRODUCTS LIABILITY
The following Joint Ventures are added, as of the effective date of this policy, as a Named Insured under this contract with respect to Section B: General and Products Liability: ___.
GENERAL AND PRODUCTS LIABILITY
Disputes arising from the execution and performance of the policy shall be settled through negotiation between the parties hereto. Should no settlement be reached, the case in dispute shall be submitted to the arbitration institution specified in the policy. Where no arbitration institution is specified in the policy or no arbitration agreement is reached after disputes, either party hereinto may bring litigation to the People’s Court with jurisdiction.
Any dispute with regard to the policy should apply the law of P.R.China (excluding Hongkong, Macao and Taiwan).