CGL 396 01 13 PROFESSIONAL LIABILITY (SECURITY GUARD SERVICE, PRIVATE INVESTIGATOR SERVICE)

This is a sample form of the endorsement CGL 396 01 13

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PROFESSIONAL LIABILITY
(SECURITY GUARD SERVICE, PRIVATE INVESTIGATOR SERVICE)

CGL 396 01 13

This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM

SCHEDULE

SECTION I – COVERAGES is amended as follows:

The provisions of the Commercial General Liability Coverage Part apply except as otherwise provided in this endorsement.

With respect to the coverage provided by this endorsement, the Commercial General Liability Coverage Part is amended as follows:

1. All provisions of the Commercial General Liability Coverage Part also apply to other injury.
2. All provisions of the Commercial General Liability Coverage Part also apply to “bodily injury”, “property damage”, “personal and advertising injury” or other injury arising out of the rendering of or failure to render “professional services” as designated in the Schedule above.
3. With respect to the coverage provided by this endorsement, COVERAGE A. – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended as follows:

1. Paragraph 2.b. Contractual Liability is replaced by the following:

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Copyright 2013, Capitol Transamerica Corporation
Includes material copyrighted by Insurance Services Office, Inc., used with permission.

This insurance does not apply to:

b. “Bodily injury”, “property damage”, “personal and advertising injury” or other injury 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 that the insured would have in the absence of the contract or agreement.

2. The following Exclusions do not apply:a. Paragraph 2.k. Damage To Your Product and 2.l. Damage To Your Work does not apply to the rendering of or failure to render “professional services” as specified in the Schedule of this endorsement as the “designated profession”.
3. The following Exclusions are added: This insurance does not apply to:

a.

Damages resulting from any dishonest, fraudulent, criminal or malicious act or omission by or at the direction of any insured, organization, independent

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b.

c.

d.

e.

f.

g.

h. i.

contractor or any person for whom you are legally responsible.

Damages resulting from the use of dogs or any other animals in your operations.

Damages arising from the theft, burglary, robbery, inventory shortage or shrinkage, or mysterious disappearance of property of others, regardless of negligence by any insured or any contractual obligation.

Damages resulting from expressed or implied warranties or guarantees made by the insured.

Damages arising out of the rendering of or failure to render “professional services” which are not described in the Schedule.

Damages resulting from the use or application of any product, which is prohibited under federal, state or local law.

Damages resulting from your activities as an officer or director of any corporation, company or business other than those designated on this policy.

Damages resulting from your insolvency or bankruptcy.

The amounts the insured is obligated to pay as:

1. (1)  Civil or criminal fines, penalties or sanctions; or
2. (2)  Statutory, punitive, exemplary, treble damages or any other damages resulting from the multiplication of compensatory damages; or
3. (3)  The return of fees, expenses or costs for “Professional Services”.

Damages also shall not include any matter, sum or award that is

uninsurable under the law pursuant to which this Policy shall be construed nor any form of injunctive or declaratory relief.

D. Who Is An Insured, Section 2., is replaced by the following:

Copyright 2013, Capitol Transamerica Corporation
Includes material copyrighted by Insurance Services Office, Inc., used with permission.

2. Each

of the following is also an insured:

a. 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:

(1) “Bodily injury”, “personal and advertising injury” or other injury:

(a) 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 your business;

2. (b)  To the spouse, child, parent, brother or sister of that co-“employee” as a consequence of Paragraph 1.a. above;
3. (c)  For which there is any obligation to share damages with or repay someone else who must pay damages of the

injury described in Paragraph 1.a. or 1.b.; or

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(d) Arising out of his or her providing or failing to provide professional health care services.

2. (2)  “Bodily injury”, “property damage”, “personal and advertising injury” or other injury arising out of providing or failing to provide any “professional services” unless the “professional services” are designated in the Schedule.a
3. (3)  “Property damage” to property:
   1. (a)  Owned, occupied or used by,
   2. (b)  Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of

your “employees”, “volunteer workers”, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company).

E. Definitions

For the insurance provided by this endorsement, SECTION V – DEFINITIONS is amended as follows:

1. For the coverage provided by this endorsement, the definition of “occurrence” is amended to include any act or omission arising out of the rendering of or failure to render “professional services”, “designated profession” designated in the Schedule above.
2. “Professional Services” means those services performed by or on behalf of the “Named Insured” for which you are licensed, certified, accredited, trained or qualified to perform within the scope of practice recognized by the regulatory agency responsible for maintaining the standard for the “Designated Profession”
3. “Designated Profession” means only those professions specified in the schedule.

All Other Terms And Conditions Of This Policy Remain Unchanged.39