Summary: The standard ISO businessowners program may be modified through the use of endorsements. Many of the endorsements are state variations; check with the insurer for mandatory state exceptions. BOP endorsements are identified by the prefix BP. The endorsements are listed by their respective numerical designation.
Topics covered:
Vacancy Permit, BP 04 87
Windstorm Or Hail Percentage Deductibles, BP 03 12 01 10
Endorsement BP 03 12 contains a schedule for entering a windstorm or hail deductible, which applies to covered loss or damage caused directly or indirectly by windstorm or hail. The deductible applies to each occurrence of windstorm or hail. For covered property at premises identified in the schedule, no other deductible applies to windstorm or hail. The insured chooses a 1, 2, or 5 percent deductible. The endorsement explains how the deductible is calculated and offers an example of the deductible application.
Comprehensive Business Liability Exclusion (All Hazards In Connection With Designated Premises Or Operations), BP 04 01 01 06
Under BP 04 01, coverage does not apply to bodily injury, property damage, or personal or advertising injury arising out of the ownership, maintenance, or use of the premises described in the schedule or any property located on the premises; operations on the premises necessary or incidental to the ownership, maintenance, or use of the premises; or goods or products manufactured or distributed from the premises.
Additional Insured – Managers Or Lessors Of Premises, BP 04 02 07 13
BP 04 02 includes as additional insureds designated persons or organizations for their liability arising out of the ownership, maintenance, or use of that part of the premises leased to the insured and shown in the schedule.
The following additional exclusions are included in this endorsement:
|- The insurance does not apply to any occurrence at the insured location after the named insured ceases to be a tenant in the premises described in the schedule.
- The insurance does not apply to any structural alterations, new construction, or demolition operations performed by the persons or organizations designated in the schedule.
ISO added language to the additional insured endorsements in the 2013 revision in response to states enacting anti-indemnification laws, which prohibit provisions in construction contracts that require a party to indemnify another party against liability for such other party's own fault or negligence. The endorsements now state that insurance is provided only to the extent permitted by law. The endorsements also state that if coverage provided to the additional insured is required by agreement or contract, the insurance provided will not be broader than what is required by the agreement or contract. The most the insurer will pay is the amount required by the agreement or contract or the policy limits, whichever is less. The endorsement will not increase the applicable limits of insurance in the Declarations.
Hired Auto And Non-Owned Auto Liability, BP 04 04 01 10
This endorsement applies to bodily injury or property damage arising out of the maintenance or use of a hired auto by the insured or the insured's employees in the course of business. The insurance also applies to bodily injury or property damage arising out of the use of an nonowned auto in the insured's business by any person. A specific premium charge must be shown in the Declarations for these coverage to apply.
The following are insureds under BP 04 04: the insured, any other person using a hired auto with the insured's permission, and any other person or organization for their liability because of acts omissions of an insured. For nonowned auto coverage, any partner or executive officer of the insured's or any of the insured's employees are insureds, but only while such nonowned auto is being used in the insured's business.
Definitions are provided for "auto business," "hired auto," and "nonowned auto."
Additional Insured – Controlling Interest, BP 04 06 07 13
BP 04 06 adds persons or organizations, listed in the schedule, only for their liability arising out of their financial control of the named insured or premises they own, maintain, or control while the named insured occupies or leases those premises. The insurance does not apply to structural alterations, new construction, and demolition operations performed by or for that person or organization.
ISO added language to the additional insured endorsements in the 2013 revision in response to states enacting anti-indemnification laws, which prohibit provisions in construction contracts that require a party to indemnify another party against liability for such other party's own fault or negligence. The endorsements now state that insurance is provided only to the extent permitted by law. The endorsements also state that if coverage provided to the additional insured is required by agreement or contract, the insurance provided will not be broader than what is required by the agreement or contract. The most the insurer will pay is the amount required by the agreement or contract or the policy limits, whichever is less. The endorsement will not increase the applicable limits of insurance in the Declarations.
Additional Insured – State Or Governmental Agency Or Subdivision Or Political Subdivision – Permits Or Authorizations Relating To Premises, BP 04 07 07 13
BP 04 07 includes as additional insureds any state, governmental agency or subdivision, or political subdivision shown in the schedule. The insurance applies only when the state , governmental agency or subdivision, or political subdivision has issued a permit or authorization in connection with premises the name insured owns, rents, or controls and to which the insurance applies.
Only the following hazards are covered: the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners or decoration, or similar exposures; the construction, erection, or removal of elevators; or the ownership, maintenance, or use of any elevators covered by the insurance.
ISO added language to the additional insured endorsements in the 2013 revision in response to states enacting anti-indemnification laws, which prohibit provisions in construction contracts that require a party to indemnify another party against liability for such other party's own fault or negligence. The endorsements now state that insurance is provided only to the extent permitted by law. The endorsements also state that if coverage provided to the additional insured is required by agreement or contract, the insurance provided will not be broader than what is required by the agreement or contract. The most the insurer will pay is the amount required by the agreement or contract or the policy limits, whichever is less. The endorsement will not increase the applicable limits of insurance in the Declarations.
Additional Insured – Townhouse Associations, BP 04 08 01 06
This endorsement adds each individual townhouse owner as an insured, but only with respect to liability as a member of the townhouse association and not with respect to liability arising out of the ownership, maintenance, use, or repair of the property to which the owner has title.
Additional Insured – Mortgagee, Assignee Or Receiver, BP 04 09 07 13
Endorsement BP 04 09 includes as additional insureds persons listed in the schedule with respect to liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of premises by the named insured.
ISO added language to the additional insured endorsements in the 2013 revision in response to states enacting anti-indemnification laws, which prohibit provisions in construction contracts that require a party to indemnify another party against liability for such other party's own fault or negligence. The endorsements now state that insurance is provided only to the extent permitted by law. The endorsements also state that if coverage provided to the additional insured is required by agreement or contract, the insurance provided will not be broader than what is required by the agreement or contract. The most the insurer will pay is the amount required by the agreement or contract or the policy limits, whichever is less. The endorsement will not increase the applicable limits of insurance in the Declarations.
Additional Insured – Owner Or Other Interests From Whom Land Has Been Leased, BP 04 10 07 13
Endorsement BP 04 10 includes as additional insureds persons or organizations listed in the schedule with respect to liability arising out of the ownership, maintenance, or use of that part of the land leased to the named insured.
The following additional exclusions apply to this coverage: the insurance does not apply to any occurrence that takes place after the named insured ceases to lease the land and to structural alterations, new construction, or demolition operations performed by the additional insureds.
ISO added language to the additional insured endorsements in the 2013 revision in response to states enacting anti-indemnification laws, which prohibit provisions in construction contracts that require a party to indemnify another party against liability for such other party's own fault or negligence. The endorsements now state that insurance is provided only to the extent permitted by law. The endorsements also state that if coverage provided to the additional insured is required by agreement or contract, the insurance provided will not be broader than what is required by the agreement or contract. The most the insurer will pay is the amount required by the agreement or contract or the policy limits, whichever is less. The endorsement will not increase the applicable limits of insurance in the Declarations.
Additional Insured – Co-Owner Of Insured Premises, BP 04 11 07 13
This endorsement includes as additional insureds the persons or organizations shown in the schedule with respect to liability as co-owner of the premises shown in the schedule.
ISO added language to the additional insured endorsements in the 2013 revision in response to states enacting anti-indemnification laws, which prohibit provisions in construction contracts that require a party to indemnify another party against liability for such other party's own fault or negligence. The endorsements now state that insurance is provided only to the extent permitted by law. The endorsements also state that if coverage provided to the additional insured is required by agreement or contract, the insurance provided will not be broader than what is required by the agreement or contract. The most the insurer will pay is the amount required by the agreement or contract or the policy limits, whichever is less. The endorsement will not increase the applicable limits of insurance in the Declarations.
Limitation Of Coverage To Designated Premises Or Project, BP 04 12 01 06
Endorsement BP 04 12 applies only to bodily injury, property damage, personal and advertising injury, and medical expenses arising out of the ownership, maintenance, or use of the premises shown in the schedule and the operations necessary or incidental to the premises or the project shown in the schedule.
Additional Insured – Engineers, Architects Or Surveyors, BP 04 13 07 13
BP 04 13 includes as additional insureds any architect, engineer, or surveyor engaged by the named insured with respect to liability for bodily injury, property damage, or personal and advertising injury caused in whole or in part by the named insured's acts or omissions or the acts or omissions of those acting on the named insured's behalf in connection with the named insured's premises or in the performance of the named insured's ongoing operations.
ISO added language to the additional insured endorsements in the 2013 revision in response to states enacting anti-indemnification laws, which prohibit provisions in construction contracts that require a party to indemnify another party against liability for such other party's own fault or negligence. The endorsements now state that insurance is provided only to the extent permitted by law. The endorsements also state that if coverage provided to the additional insured is required by agreement or contract, the insurance provided will not be broader than what is required by the agreement or contract. The most the insurer will pay is the amount required by the agreement or contract or the policy limits, whichever is less. The endorsement will not increase the applicable limits of insurance in the Declarations.
Spoilage Coverage, BP 04 15 07 13
Endorsement BP 04 15 adds perishable stock as covered property if the stock is owned by the named insured and used in the named insured's business or is owned by others and is in the named insured's care, custody, or control. Property located on buildings, in the open, or in vehicles is added as property not covered. Breakdown or contamination is added as a covered cause of loss.
The following exclusions are added: loss or damage caused by or resulting from the disconnection of any refrigerating, cooling, or humidity control system from the source of power; the deactivation of electrical power caused by the manipulation of any switch or other device used to control the flow of electrical power or current; the inability of an electrical utility company to provide sufficient power due to lack of power or governmental order; the inability of a power source at the described premises to provide sufficient power due to lack of generating capacity to meet demand; or breaking of any glass that is a permanent part of any refrigerating, cooling, or humidity control unit.
The deductible shown in the schedule is the only deductible that applies to this coverage. The value of perishable stock the insured has sold but not delivered is at selling price less discounts and expenses the insured otherwise would have had; other perishable stock is valued at actual cash value.
The endorsement provides an additional condition for refrigeration maintenance agreements. If breakdown or contamination is designated as a covered cause of loss and an refrigeration maintenance agreement applies, the insured must maintain a refrigeration maintenance or service agreement as described on the form.
Additional Insured – Lessor Of Leased Equipment, BP 04 16 07 13
BP 04 16 includes as an additional insured designated persons or organizations leasing equipment to the insured only with respect to liability that involves contributory negligence and arises out of an occurrence that takes place during the term of the lease.
ISO added language to the additional insured endorsements in the 2013 revision in response to states enacting anti-indemnification laws, which prohibit provisions in construction contracts that require a party to indemnify another party against liability for such other party's own fault or negligence. The endorsements now state that insurance is provided only to the extent permitted by law. The endorsements also state that if coverage provided to the additional insured is required by agreement or contract, the insurance provided will not be broader than what is required by the agreement or contract. The most the insurer will pay is the amount required by the agreement or contract or the policy limits, whichever is less. The endorsement will not increase the applicable limits of insurance in the Declarations.
Employment-Related Practices Exclusion, BP 04 17 01 10
This endorsements adds an exclusion for bodily injury or personal or advertising injury to a person arising out of any refusal to employ that person, termination of that person's employment, or employment-related practices, policies, acts, or omissions directed at that person. The insurance also does not apply to bodily injury or personal or advertising injury to the spouse, child, parent, brother, or sister of that person as a consequence of bodily injury or personal or advertising injury to that person at whom any of the employment-related practices described is directed.
The 2010 revision added a statement that the exclusion applies whether the injury-causing event occurs before, during, or after employment of that person. The exclusion also applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury.
Amendment – Liquor Liability Exclusion – Exception For Scheduled Premises Or Activities, BP 04 19 07 13
Endorsement BP 04 19 excludes bodily injury or property damage for which any insured may be held liable by reason of causing or contributing to the intoxication of any person, including causing or contributing to the intoxication of a person when alcoholic beverages were permitted to brought and consumed on the insured's premises; when an insured furnishes alcoholic beverages to persons who are under the legal drinking age or under the influence of alcohol; or by any statute, ordinance, or regulation relating to the sale, gift, distribution, or use of alcoholic beverages.
The exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training, or monitoring of others by an insured, or in providing or failing to provide transportation with respect to any person who may be under the influence of alcohol. The exclusion applies only to insureds that manufacture, sell, or distribute alcoholic beverages; serve or furnish alcoholic beverages for a charge whether such activity requires a license or is for the purpose of financial gain or livelihood; serves or furnishes alcoholic beverages without a charge if a license is required; or permits any person to bring any alcoholic beverages on your premises for consumption on the insured's premises.
An exception to the exclusion is made for bodily injury or property damage arising out of the selling, serving, or furnishing of alcoholic beverages at the activities described in the schedule or permitting any person to bring alcoholic beverages on the premises described in the schedule for consumption on the premises described in the schedule.
In the 2013 revision, ISO made changes to this endorsement that restrict and clarify coverage. Language was added to make clear that causing or contributing to the intoxication of any person includes intoxication caused by permitting alcoholic beverages to be brought on the insured's premises for consumption on the premises. The 2013 update also explicitly states that the liquor liability exclusion applies even if the claims allege the negligence or other wrongdoing in negligence in the supervision, hiring, employment, training, or monitoring of others by an insured, or in providing or failing to provide transportation with respect to any person who may be under the influence of alcohol. The revision also indicates that the exclusion applies if an insured permits any person to bring alcoholic beverages on the named insured's premises for consumption except for the premises described in the schedule.
Protective Safeguards, BP 04 30 07 13
This endorsements adds a general condition to the policy requiring the insured to maintain the protective devices and services listed in the schedule. Six symbols are provided to identify the protective safeguards: P-1, automatic sprinkler system; P-2, automatic fire alarm; P-3, security service; P-4, service contract; P-5 (added with the 2013 revision), automatic commercial cooking exhaust and extinguishing system; and P-9, the protective safeguard system described in the schedule.
The endorsement adds an exclusion for fire, if, before the fire, the insured knew of any suspension or impairment in any protective safeguard listed in the schedule and failed to notify the insured or failed to maintain a listed protective safeguard in complete working order.
Food Contamination, BP 04 31 07 13
The endorsement provides an additional coverage for food contamination. If the insured business is ordered closed by the Board of Health or any other governmental authority as the result of the discovery or suspicion of food contamination, the form pays the expense to clean equipment, the cost to replace contaminated or suspected to be contaminated food, medical tests of vaccinations for potentially infected employees, the loss of business income if operations are suspended, and additional advertising expenses incurred to restore the insured's reputation. A limit of $10,000 is provided, except for advertising expenses, which carry a $3,000 limit. Higher limits can be indicated in the schedule. Fines and penalties levied by the Board of Health or other governmental agencies are not covered. The virus or bacteria exclusion does not apply to this endorsement.
Endorsement BP 04 31 was revised in 2013 to indicate that covered expenses include necessary medical tests or vaccinations for the insured's employees who are potentially infected by food contamination.
Exclusion – Personal And Advertising Injury, BP 04 37 07 02
BP 04 37 excludes personal and advertising injury from the coverages section of the liability portion of the Businessowners Coverage form.
Medical Expenses – Exclusion, BP 04 38 01 06
Endorsement BP 04 38 modifies the liability section of the Businessowners Coverage form by excluding the paragraph pertaining to medical expenses. A supplementary payments coverage extension is added for expenses incurred by the insured for first aid administered to others at the time of an accident for bodily injury to which the insurance applies.
Abuse Or Molestation Exclusion, BP 04 39 07 02
This endorsement amends the Businessowners liability coverage by excluding bodily injury, property damage, or personal and advertising injury arising out of the actual or threatened abuse or molestation of any person while in the insured's care, custody, or control. Bodily injury, property damage, or personal and advertising injury arising out of the negligent employment, investigation, supervision, reporting to the proper authorities or failure to report, or retention of a person for whom any insured is or ever was legally responsible is also excluded.
Coverage For Injury To Leased Workers, BP 04 40 07 02
BP 04 40 amends the Businessowners liability coverage portion with respect to the employer's liability exclusion to provide that the definition of "employee" does not include leased worker or temporary worker.
Business Income Changes – Time Period, BP 04 41 07 13
This endorsement changes the coverage period for the civil authority additional coverage to up to four consecutive weeks. For the business income from dependent properties additional coverage, the coverage begins immediately after the time of the direct physical loss or damage at the described premises. In the 2013 revision, ISO broadened coverage by providing coverage with respect to secondary dependent properties, as well.
The definition of "period of restoration" is changed to immediately after the time of direct physical loss or damage caused by or resulting from a covered cause of loss at the described premises.
Ordinance Or Law Coverage, BP 04 46 07 13
BP 04 46 requires the following two conditions to be met for coverage to be provided: (1) the ordinance or law regulates the demolition, construction, or repair of buildings or establishes zoning or land use requirements at the described premises and is in force at the time of loss; and (2) the building sustains covered direct physical damage, which, as a result, requires the insured to comply with the ordinance or law, or the building sustains covered and not covered direct physical damage, which, as a result of the damage in its entirety, requires the insured to comply with the ordinance or law. In the case of part of the damage being covered and part not being covered, only a portion of the loss will be paid. However, if damage that is not covered is the subject of the ordinance or law, there is no coverage even if the building also sustained covered damage.
The coverage applies only to the minimum requirements of the ordinance or law. Coverages must be listed in the schedule, and the building to which the coverage applies must also be identified in the schedule.
Enforcement or compliance with any ordinance or law requiring the demolition, repair, replacement, reconstruction, remodeling, or remediation of property due to contamination by pollutants or due to the presence, growth, proliferation, spread, or any activity of fungi or wet or dry rot is not covered. The enforcement or compliance of any ordinance or law requiring any insured or others to test for, monitor, clean up, remove, contain, treat, detoxify, neutralize, or in way respond to or assess the effects of pollutants, fungi, or wet or dry rot is also not covered.
Three coverages are provided: coverage for loss to the undamaged portion of the building, demolition cost coverage, and increased cost of construction. A business income and extra expense optional coverage is also available.
Additional Insured – Vendors, BP 04 47 07 13
Endorsement BP 04 47 adds as additional insureds any persons or organizations (vendors) shown in the schedule only with respect to bodily injury or property damage arising out of the insured's products shown in the schedule that are distributed or sold in the regular course of the vendor's business.
ISO added language to the additional insured endorsements in the 2013 revision in response to states enacting anti-indemnification laws, which prohibit provisions in construction contracts that require a party to indemnify another party against liability for such other party's own fault or negligence. The endorsements now state that insurance is provided only to the extent permitted by law. The endorsements also state that if coverage provided to the additional insured is required by agreement or contract, the insurance provided will not be broader than what is required by the agreement or contract. The most the insurer will pay is the amount required by the agreement or contract or the policy limits, whichever is less. The endorsement will not increase the applicable limits of insurance in the declarations.
The insurance does not apply to the following: bodily injury or property damage for which the vendor is obligated to pay damages by reason of assumption of liability in a contract or endorsement; any express warranty not authorized by the named insured; physical or chemical changes to the product made intentionally by the vendor; repackaging unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts if instructed by the manufacturer and repackaged in the original container; failure to make such inspections, adjustments, tests, or servicing as the vendor agreed to make or normally undertakes; demonstration, installation, servicing, or repair operations except operations performed at the vendor's premises in connection with the sale of the product; products that have been labeled or relabeled after distribution or sale by the named insured or that have been used as a container, part, or ingredient of any other thing or substance by of for the vendor; bodily injury or property damage arising out of the sole negligence of vendor for its own acts or omissions or those or its employees or anyone else acting on its behalf.
Additional Insured – Designated Person Or Organization, BP 04 48 07 13
BP 04 48 adds as additional insureds persons or organizations shown in the schedule only with respect to bodily injury, property damage, or personal and advertising injury caused in whole or in part by the named insured's acts or omission or the acts and omissions of those acting on the named insured's behalf in the performance of the insured's ongoing operations or in connection with premises the insured owns or rents.
ISO added language to the additional insured endorsements in the 2013 revision in response to states enacting anti-indemnification laws, which prohibit provisions in construction contracts that require a party to indemnify another party against liability for such other party's own fault or negligence. The endorsements now state that insurance is provided only to the extent permitted by law. The endorsements also state that if coverage provided to the additional insured is required by agreement or contract, the insurance provided will not be broader than what is required by the agreement or contract. The most the insurer will pay is the amount required by the agreement or contract or the policy limits, whichever is less. The endorsement will not increase the applicable limits of insurance in the Declarations.
Additional Insured – Engineers, Architects Or Surveyors Not Engaged By The Named Insured, BP 04 49 07 13
Endorsement BP 04 49 adds as additional insureds engineers, architects, or surveyors shown in the schedule only with respect to liability for bodily injury, property damage, or personal and advertising injury caused in whole or in part by the named insured's acts or omissions or the acts or omissions of those acting on the insured's behalf in the performance of the insured's ongoing operations performed by the insured or on the insured's behalf. Also added are engineers, architects, or surveyors while not engaged by the named insured but are contractually required to be added as additional insureds to the policy.
ISO added language to the additional insured endorsements in the 2013 revision in response to states enacting anti-indemnification laws, which prohibit provisions in construction contracts that require a party to indemnify another party against liability for such other party's own fault or negligence. The endorsements now state that insurance is provided only to the extent permitted by law. The endorsements also state that if coverage provided to the additional insured is required by agreement or contract, the insurance provided will not be broader than what is required by the agreement or contract. The most the insurer will pay is the amount required by the agreement or contract or the policy limits, whichever is less. The endorsement will not increase the applicable limits of insurance in the Declarations.
Water Back-Up And Sump Overflow, BP 04 53 07 13
BP 04 53 adds water back-up and sump overflow as causes of loss. The coverage pays for direct physical loss or damage to covered property caused by or resulting from water or waterborne material that backs up through or overflows or is otherwise discharged from a sewer or drain or that overflows or is otherwise discharged from a sump, sump pump, or related equipment. The coverage applies even if the overflow or discharge results from mechanical breakdown of the sump pump or related equipment.
Coverage does not apply to loss or damage resulting from an insured's failure to keep the sump pump or related equipment in proper working condition or to perform routine maintenance or repair necessary to keep a sewer or drain free from obstructions. In the 2013 revision, ISO updated the form to reinforce that coverage does not apply when sump pump failure is caused by or results from power failure unless the policy is endorsed to include power failure.
The form provides an annual aggregate limit of $5,000 per location. A different limit can be indicated in the schedule.
ISO added language in the 2013 revision to indicate that the term "drain" includes a roof drain and related fixtures.
Newly Acquired Organizations, BP 04 54 01 06
Any organization the insured newly acquires or forms—other than a partnership, joint venture, or limited liability company—and over which the insured maintains ownership or majority interest qualifies as a named insured if no other insurance is available to that organization. The coverage is available only for ninety days after the organization is required or formed, or the end of the policy period, whichever is earlier.
Business liability coverage does not apply to bodily injury or property damage that occurred before the insured acquired or formed the organization and to personal advertising injury arising out of an offense committed before the insured acquired or formed the organization.
Broadened Coverage For Damage To Premises Rented To You, BP 04 55 01 06
BP 04 55 broadens coverage by stating that the listed exclusions do not apply to property damage, where in the underlying Businessowners Coverage form, the exclusions do not apply to damage by fire. The endorsement provides a schedule for indicating the limit that will apply to this coverage.
Utility Services – Direct Damage, BP 04 56 07 13
The form promises to pay for loss or damage to covered property described in the schedule caused by the interruption of service to the premises, which must result from direct physical loss or damage by a covered cause of loss to the utility services described in the endorsement. The utility service must be indicated in the schedule. Electronic data is not covered.
A new category of utility service—wastewater removal property—was added with the 2013 revision. The other categories are communication supply property and power supply property.
In the 2013 revision, ISO updated the form's language to amplify that transmission lines include distribution lines.
Utility Services – Time Element, BP 04 57 07 13
BP 04 57 promises to pay for loss of business income or extra expense at the described premises in the schedule caused by the interruption of service to the premises, which must result from direct physical loss or damage by a covered cause of loss to the utility services described in the endorsement. The utility service must be indicated in the schedule. Electronic data is not covered.
A new category of utility service—wastewater removal property—was added with the 2013 revision. The other categories are communication supply property and power supply property.
In the 2013 revision, ISO updated the form's language to amplify that transmission lines include distribution lines.
Functional Building Valuation, BP 04 84 07 13
The limit of insurance shown in the schedule of BP 04 84 is the only limit of insurance applicable to the building listed in the schedule. If the insured contracts for repair or replacement of the loss or damage to restore the building shown in the schedule for the same occupancy and use, the form pays the smallest of the following: the limit of insurance shown in the schedule; in the event of a total loss, the cost to replace the damaged building on the same site with a less costly building that is functionally equivalent (or on a different site if required by ordinance or law); in the event of a partial loss, the cost to repair or replace the damaged portion of the building with less costly material in the architectural style that existed, if available, and the amount actually spent to demolish and clear the site of the undamaged portions of the building; or the amount actually spent that is necessary to repair or replace the lost or damaged building with less costly material, if available, and to demolish and clear the site of undamaged parts of the building.
The contract for repair or replacement must be made within 180 days of the damage unless the insured and insurer agree otherwise. If claim is not made within 180 days or the agreed upon timeframe, the insurer will pay the smallest of the limit of insurance, the market value of the damaged building, exclusive of land value, or the amount it would have cost to repair or replace the building with less costly material in the architectural style that existed, less allowance for depreciation or physical deterioration.
The endorsement includes the following three coverages under ordinance or law: coverage for loss to the undamaged portion of the building, demolition cost coverage, and cost to reconstruct in compliance with an ordinance or law.
Business income and extra expense optional coverage may be added via the schedule.
Vacancy Changes, BP 04 86
When a policy is issued to the owner or general lessee of a building, the building is deemed vacant unless at least 31% of its total square footage is either rented or leased and used to conduct cutomary operations; and/or it is being used by the owner to conduct customary operations. By attaching this endorsement, the 31% requirement can be reduced to as low as 10%.
Vacancy Permit, BP 04 87
Liquor Liability Coverage, BP 04 89 01 10
Endorsement BP 04 89 applies to all bodily injury or property damage arising out of the selling, serving, or furnishing of alcoholic beverages. Exclusions are added for bodily injury or property damage arising out of any alcoholic beverage sold, served, or furnished while any required license is not in effect; bodily injury or property damage arising out of "your product"; bodily injury or property damage with respect to which other insurance is afforded, or would be afforded but for the limits being exhausted.
The liquor liability/aggregate endorsement is the most that will be paid for all bodily injury and property damage as the result of the selling, serving, or furnishing of alcoholic beverages.
Employee Benefits Liability Coverage, BP 04 98 07 13
BP 04 98 will pay sums the insured becomes legally obligated to pay as damaged because of any act, error, or omission of the insured or any other person for whose acts the insured is legally liable. The insurance applies only if the act, error, or omission is negligently committed in the administration of the insured's employee benefit program, did not take place before the retroactive date or end of the policy period, and a claim for damages is first made against the insured during the policy period or extended policy period.
The insurance does not apply to the following: dishonest, fraudulent, criminal, or malicious acts; bodily injury, property damage, or personal and advertising injury; failure to perform a contract; insufficiency of funds; inadequacy of performance of investment/advice given with respect to participation; failure to comply with workers compensation and similar laws; damages because of liability imposed by ERISA; claims to available benefits; taxes, fines, or penalties; and damages arising out of employment-related practices.
Extended Reporting Period For Employee Benefits Liability Coverage, BP 04 99 07 13
BP 04 99 provides an extended reporting period with an applicable extended reporting period aggregate limit. For employee benefits liability coverage, the aggregate limit is the most that will be paid for all damages because of acts, errors, or omissions negligently committed in the administration of the insured's employee benefits program. The aggregate limit does not apply to claims first received and recorded during the extending reporting period. The employee benefits liability insurance is excess over any other insurance whose policy period begins or continues after the extended reporting period takes effect.
Disclosure Pursuant To Terrorism Risk Insurance Act, BP 05 15 01 15
BP 05 15 contains a schedule that informs the insured what portion of premium is attributable to coverage for terrorist acts certified under the Terrorism Risk Insurance Act.
Exclusion – Silica Or Silica-Related Dust, BP 05 17 01 06
This endorsement adds an exclusion for bodily injury arising out of the actual, alleged, threatened, or suspected inhalation or ingestion of silica or silica-related dust. Property damage arising out of the actual, alleged, threatened, or suspected contact with, exposure to, existence of, or presence of silica or silica-related dust is excluded as well. Also excluded is personal and advertising injury arising out of the actual, alleged, threatened, or suspected inhalation or ingestion of, contact with, exposure to, existence of, or presence of silica or silica-related dust. Losses, costs, or expenses arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating, or disposing of silica or silica-related dust is not covered.
Definitions of "silica" and "silica-related dust" are provided.
Cap On Losses From Certified Acts Of Terrorism, BP 05 23 01 15
BP 05 23 adds provisions to both property and liability coverages describing the cap on certified terror losses, which are certified by the secretary of the treasury and must meet the criteria specified in the Terrorism Risk Insurance Act.
Exclusion Of Certified Acts Of Terrorism, BP 05 24 01 15
This endorsement describes how certified acts of terrorism—as defined by the Terrorism Risk Insurance Act—are excluded from the Businessowners form. An exception is made for certain fire losses resulting from a certified act of terrorism.
Exclusion Of Certified Acts Of Terrorism Involving Nuclear, Biological, Chemical Or Radiological Terrorism; Cap On Covered Certified Acts Losses, BP 05 26 01 15
BP 05 26 specifically excludes certified acts of terrorism related to nuclear, biological, chemical, or radiological terrorism.
For the property section of the Businessowners form, loss or damage caused by acts of terrorism carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or device that involves or produces a nuclear reaction, radiation, or contamination is excluded. Also excluded are acts that release radioactive materials, and it appears that the one purpose of the terrorism was to release such material; that are carried out by dispersal or application of pathogenic or poisonous biological or chemical material; or that release pathogenic or poisonous biological or chemical material, and it appears one purpose of the terrorism was to release such materials. Certain fire losses are covered.
For the liability section of the Businessowners form, any injury or damage arising directly or indirectly out of acts that involve the use, release, or indirectly results in nuclear reaction or radiation or radioactive contamination is excluded. Also excluded are injury and damage arising directly or indirectly out of acts carried out by means of the dispersal or application of pathogenic materials or poisonous biological or chemical materials and if the release of such materials appears to be one purpose of the terrorism.
Limitations Of Coverage For Certified Acts Of Terrorism, BP 05 27 01 15
This endorsement provides a schedule that allows for the selection of terrorism sublimits for property coverage and an aggregate limit for liability and medical expenses.
Exclusion Of Other Acts Of Terrorism Committed Outside The United States; Cap On Losses From Certified Acts Of Terrorism, BP 05 38 01 15
BP 05 38 excludes injury or damage arising directly or indirectly from other acts of terrorism occurring outside the United States but within the coverage territory for the liability section on the Businessowners form.
Exclusion Of Certified Acts Of Terrorism And Exclusion Of Other Acts Of Terrorism Committed Outside The United States, BP 05 41 01 15
BP 05 41 excludes from the Businessowners liability section injury or damage arising directly or indirectly out of certified acts of terrorism—as defined—or other acts of terrorism occurring outside the United States but within the coverage territory.
Exclusion Of Punitive Damages Related To A Certified Act Of Terrorism, BP 05 42 01 15
Damages arising directly or indirectly out of certified acts of terrorism—as defined—that are awarded as punitive damages are not covered under the liability section of the Businessowners Coverage Form.
Computer Fraud And Funds Transfer Fraud, BP 05 47 07 13
Endorsement BP 05 47 adds computer fraud and funds transfer fraud to the additional coverages. The limit for these coverages is the most the form will pay for loss of and damage to money, securities, and other property following and directly related to the use of any computer to cause fraudulent transfer of property from inside the described premises, bank, or savings institution to a person or place outside the premises. Messengers are not included.
The limit is also the most that will be paid for loss of money and securities resulting directly from fraudulent instruction that directs a financial institution to transfer, pay or deliver money or securities from the insured's transfer account.
The false pretenses exclusion does not apply. An exclusion is added for loss or damages caused by or resulting from the use or purported use of credit, debit, charge, access, convenience, identification, stored-value, or other cards or the information contained on those cards. Damage to money or securities following and directly related to the use of any computer to fraudulently cause a transfer to that property from inside the described premises, bank, or savings institution to a person or place outside of the those premises is excluded.
The endorsement adds definitions for "employee," "fraudulent instruction," "other property," and "transfer account."
Conditional Exclusion Of Terrorism Involving Nuclear, Biological Or Chemical Terrorism (Relating To Disposition Of Federal Terrorism Risk Insurance Act), BP 05 65 01 15
BP 05 65 provides a conditional exclusion of the types of terrorism listed if the federal program terminates or changes. A schedule is included to describe property subject to the exception covering certain fire losses.
Conditional Limitation Of Coverage For Terrorism – Sub-Limit On Annual Aggregate Basis (Relating To Disposition Of Federal Terrorism Risk Insurance Act), BP 05 66 01 15
This endorsement provides a conditional limitation for the sublimit on terrorism coverage on an annual aggregate basis if the federal program terminates or changes. A schedule is provided to describe property subject to the terrorism sublimit and the terrorism aggregate limit.
Disclosure Of Premium Through End Of Year For Certified Acts Of Terrorism Coverage (Pursuant To Terrorism Risk Insurance Act), BP 05 70 01 15
BP 05 70 is made part of the policy in response to the Terrorism Risk Insurance Act's disclosure requirements and provides a schedule showing the terrorism premium and the percentage of premium attributable to the federal share of terrorism losses.
Disclosure Of Premium And Estimated Premium For Certified Acts Of Terrorism Coverage (Pursuant To Terrorism Risk Insurance Act), BP 05 71 01 15
BP 05 71 is made part of the policy in response to the Terrorism Risk Insurance Act's disclosure requirements and provides a schedule showing the terrorism premium, the estimated premium beyond the specified date, and the percentage of premium attributable to the federal share of terrorism losses.
Changes – Limited Fungi Coverage, BP 05 76 01 10
BP 05 76 contains a schedule where a revised limit can be entered for the limited coverage for fungi and wet or dry rot. The coverage does not increase the applicable limit of insurance on any property. The time deductible can also be revised for business income and extra expense coverage.
Fungi Or Bacteria Exclusion (Liability), BP 05 77 01 06
This endorsement adds an exclusion for bodily injury, property damage, or personal or advertising injury that would not have occurred but for the actual, alleged, or threatened inhalation or ingestion of, contact with, exposure to, or existence or presence of fungi or bacteria on or within a building or structure. Losses, costs, or expenses arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating, or disposing of fungi or bacteria are also excluded.
A definition of "fungi" is provided.
Limited Fungi Or Bacteria Coverage (Liability), BP 05 78 01 10
Endorsement BP 05 78 adds an exclusion for abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating, or disposing of, or in any way responding to or accessing the effects of fungi or bacteria by any insured or by any other person or entity.
Coverage provided by this endorsement for bodily injury or property damage arising out of a fungi or bacteria incident is subject to the fungi and bacteria aggregate limit. The limit shown in the schedule is the most that will be paid for all bodily injury or property damage and medical payments arising out a fungi or bacteria incident. These provisions do not apply to fungi or bacteria that are, are on, or are contained in a good or product intended for bodily consumption.
Definitions of "fungi" and "fungi or bacteria incident" are provided.
Employment-Related Practices Liability Endorsement, BP 05 89 01 10
This endorsement provides coverage for sums the insured becomes legally obligated to pay as damages resulting from wrongful act to which this insurance applies. The coverage applies to wrongful acts only if the wrongful act takes place in the coverage territory, did not commence before the retroactive date shown in the schedule, and a claim because of the wrongful act is first made during the policy period or an extended reporting period.
As applicable to business liability coverage, the insurance does not apply to the following: (1) an insured's liability arising out of criminal, fraudulent, or malicious acts or omissions by the insured. (2) any wrongful act for the insured is obligated to pay damages by reason of assumption of liability in a contract or agreement; (3) violation of laws applicable to employers; (4) wrongful acts committed against striking or locked-out employees or to employees who has been temporarily or permanently replaced due to a labor dispute; (5) prior or pending litigation; or (6) prior notice.
The employment-related practices liability annual aggregate is the most that will be paid regardless of the number of insureds, claims made or suits brought, or persons, organizations, or government agencies making claims or bringing suits.
The schedule provides a space for a deductible, which applies to all claims arising out the same wrongful act or a series of wrongful acts, circumstances, or behaviors that arise from a common cause. The deductible is subtracted from the amount of damages.
The insured has the right to purchase an extended reporting period if the endorsement is cancelled or not renewed for any reason or the insurance is renewed or replaced with insurance that has a retroactive date later that the date shown in the schedule or endorsement or does not apply to wrongful acts on a claims-made basis.
Loss Of Rental Value – Landlord As Designated Payee, BP 05 93 01 06
BP 05 93 provides coverage for a scheduled person or entity for loss of rental value, which is defined on the form. The designated payee will receive notice in writing from the insured if the policy is cancelled.
Electronic Commerce (E-Commerce), BP 05 94 01 06
Endorsement BP 05 94 provides coverage for electronic data the insured owns, leases, or licenses. The data must originate and reside in computers located in the coverage territory. Coverage is also provided for business income losses or extra expenses incurred due to the necessary suspension—slowdown or cessation—of the e-commerce activity of the insured's business caused by a covered cause of loss or interruption in normal computer network service or function caused by a covered cause of loss.
Electronic Data Liability – Limited Coverage, BP 05 95 07 13
Endorsement BP 05 95 amends the liability section of the Businessowners Coverage form. The exclusion for electronic data is replaced with an exclusions stating that damages arising out of loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property. The exclusion does not apply to liability for damages because of bodily injury.
For liability and medical expenses, the loss of electronic data limit shown in the schedule is the most that will be paid under business liability for property damage because of all loss of electronic data arising out of one occurrence.
The endorsement adds a definition for "electronic data" and replaces the definition for "property damage."
Electronic Data Liability – Broad Coverage, BP 05 96 07 13
This endorsement pays sums the insured becomes legally obligated to pay as damages because of loss of electronic data. The insurance applies only if the loss electronic data is caused by an electronic data incident, takes place in the coverage territory, did not occur before the retroactive date, and a claim for damages is made against any insured during the policy period or an extended reporting period.
The endorsement adds several exclusions, such as for expected or intended loss of electronic data (from the standpoint of the insured); damages that are bodily injury, property damage, or personal and advertising injury; loss of electronic data for which the insured is obligated to pay damage via contractual liability; loss of electronic data arising out of a negligent act, error, or omission by or for the insured or anyone acting on the insured's behalf in providing computer products or services; loss electronic data that is owned or developed by the insured or is the insured's work or product; loss of electronic data arising out of the delay of failure by the insured or anyone acting on the insured's behalf to perform a contract or agreement; loss of electronic data arising out of intellectual property rights infringement; unauthorized use of electronic data; violation of an antitrust law; or criminal or fraudulent acts committed by or at the direction of the insured.
The form replaces the who is an insured section from the Businessowners form, explains that the annual aggregate limit is the most that will be paid because of loss of electronic data, and states that the insured must ensure that the insurer be notified as soon as practicable once any insured knows or suspects that an electronic date incident has occurred. The endorsement provides for the purchase of an extended reporting period.
Endorsement BP 05 96 replaces the definitions of "coverage territory" and "suit" and adds definitions for "computer products or services," "electronic data incident," "electronic data," and "loss of electronic data."
The insurance is excess over any other insurance, whether primary, excess, contingent, or on any other basis, that is effective prior to the beginning of the policy period and that applies to loss of electronic data on other than a claims-made basis if there is no retroactive date or the other insurance has a policy period that continues after the retroactive date.
Extended Reporting Period for Electronic Data Liability – Broad Coverage, BP 05 97 07 13
This endorsement modifies the Electronic Data Liability – Broad Coverage endorsement, BP 05 96, by providing an extended reporting period. An aggregate limit applies to claims first received and recorded during the extended reporting period. The insurance is excess over any other insurance, whether primary, excess, contingent, or on any other basis, whose policy period begins or continues after the Extended Reporting Period endorsement takes effect. The endorsement will not take effect unless the additional premium for it is paid when due. If it is paid when due, the endorsement cannot be cancelled.
Amendment Of Insured Contract Definition, BP 05 98 07 13
Endorsement BP 05 98 replaces the definition of "insured contract" on the Businessowners form.
Contractors' Installation, Tools And Equipment Coverage, BP 07 01 07 13
BP 07 01 modifies insurance provided under the Businessowners form to include additional property and liability coverage for contractors. The following coverage extensions are added: contractors installation coverage, contractors tools and equipment coverage, nonowned tools and equipment, and employees' tools.
Business Liability Coverage – Amendment Of Liability And Medical Expenses Limits Of Insurance, BP 07 07 01 06
Endorsement BP 07 07 modifies the aggregate limits for liability and medical expenses. For all bodily injury and property damage that is included in the products-completed operations hazard, the most that will be paid is three times the liability and medical expenses limit. For all bodily injury and property damage—except bodily injury and property damage that is included in the products-completed operations hazard—plus medical expenses plus all personal and advertising injury caused by offenses committed, the most that will be paid is twice the liability and medical expenses limit.
Pesticide Or Herbicide Applicator – Limited Pollution Coverage, BP 07 08 07 13
This endorsement amends the Businessowners liability section with respect to the operations shown in the schedule. The specified paragraph of Exclusion f. does not apply if the operations meet all standards of any statute, ordinance, regulation, or license requirement of any federal, state, or local government applying to the specified operations.
Motels, BP 07 10 01 06
BP 07 10 provides coverage for property of others that is in the insured's care, custody, or control, excluding property belonging to guests of the insured's motel. The insured's personal property in motel rooms furnished by the insured as a motel operator is covered.
An additional coverage for the necessary expenses incurred to replace locks for motel rooms resulting from theft or copying of keys or any other legitimate security concern is provided but does not apply to loss caused by vandalism or wear and tear.
Under the liability portion of the Businessowners Coverage form, coverage is provided for sums the insured becomes legally obligated to pay as damages because of loss or destruction of or damage to property belonging to motel guests while the property is on the premises or on the insured's possession. The coverage does not apply to samples or articles held for sale; vehicles, including equipment, or any property contained in or on vehicles; and guests' property while in the safe deposit box on the insured's premises.
Motel – Liability For Guests' Property In Safe Deposit Boxes, BP 07 11 01 06
This endorsement provides coverage for sums the insured becomes legally obligated to pay as damages because of loss or destruction of or damage to property belonging to the insured's motel guests while the property is in a safe deposit box.
Self-Storage Facilities, BP 07 12 01 10
BP 07 12 adds coverage under the business income additional coverage for loss of accrued rental or lease charges for storage spaces rendered unrentable because of covered loss. Under the employee honesty optional coverage, an addition is made to pay for direct loss or damage to money, securities, and other property sustained by the insured's customer resulting from dishonest acts committed by any of the insured's employees. This coverage is limited to property that the customer owns or leases or that the customer holds for others.
Under the customers' goods legal liability section, the endorsement will pay for those sums that the insured becomes legally obligated to pay as damages because of property damage caused by an occurrence to a customer's property (or the property of others for which such customer is liable) only while the property is at the insured's self-storage facilities.
Under the lock-out or sale removal coverage, the endorsement will pay will pay those sums that the insured becomes legally obligated to pay as damages because of acts or omissions arising out of a lock-out or the sale, removal, or disposal of customers' property in the course of sale and disposal operations.
Apartment Buildings, BP 07 75 07 13
Endorsement BP 07 75 increases the pollutant cleanup and removal limit to $25,000. A reward payment section is added to reimburse the insured up to $5,000 for rewards paid for information leading to the arrest and conviction of any persons committing a crime resulting in loss or damage to covered property or for the return of stolen covered property when caused by theft. Ordinance or law equipment coverage is also added, as well as coverage for lock replacement and tenant move-back expenses.
Loss of or damage to money, securities, or other property sustained by a tenant resulting directly from theft committed by an identified employee is covered. Only the insured can make a claim under this insurance. Coverage is provided for sums the insured becomes legally liable to pay as damages because of property damage to a tenant's property while in the insured's care, custody, or control inside the insured's leased unit, apartment, or storage at the described premises.
The endorsement provides coverage for sums the insured becomes legally obligated to pay as damages because of acts or omissions arising out of a lock-out or the sale, removal, or disposal of tenants' property in the course of sale and disposal operations. The insurer must be notified as soon as possible of a lock-out or the sale, removal, or disposal of tenants' property.
Coverage is also added for payments the insured voluntarily makes for because a tenant demands remuneration of rent as a result of the complete loss of heat or air conditioning to a tenant's leased unit or apartment. The loss must be due to mechanical breakdown or electrical failure. The insured must notify the insurer as soon as possible of a demand for remuneration or of a voluntary payment.
The following definitions have been added: "lock-out," "sale and disposal operations," and "tenants' property."
Restaurants, BP 07 78 07 13
The Restaurants endorsement provides a reward payment section to reimburse the insured up to $5,000 for rewards paid for information leading to the arrest and conviction of any persons committing a crime resulting in loss or damage to covered property or for the return of stolen covered property when caused by theft. An additional coverage is added stating that the insurer may take damaged branded or labeled merchandise at an agreed or appraised value if the merchandise was damaged by a covered cause of loss. Repair or replacement of covered equipment as required by law is also covered. Up to $1,000 (with a $100 deductible) is available for the cost to repair or replace locks due to theft or other loss to keys. Loss of perishable stock caused by a change in temperature or humidity resulting from mechanical breakdown or failure of equipment at the described premises, contamination by refrigerant, or power outage is covered for up to $10,000 (or a higher limit if shown in the declarations). Coverage is provided to clean equipment, replace contaminated food, to provide medical tests of vaccinations to infected employees, loss of business income due to the necessary suspension of operations, and additional advertising expenses incurred to restore reputation if the business is ordered closed by the Board of Health due to the discovery or suspicion of food contamination.
Loss of or damage to money, securities, or other property sustained by a customer resulting directly from theft committed by an identified employee is covered. Only the insured can make a claim under this insurance.
The endorsement adds the following property definitions: "food contamination," "other property," and "perishable stock."
Under the liability section, coverage is added for sums the insured becomes legally obligated to pay as damaged because of failure to deliver or a misdelivery of items by the insured, his employees, or a concessionaire trading under the insured's name. The insured must notify the insurer as soon as practicable of an error or omission that may result in a claim. Merchandise withdrawal expenses, whether the insured or an authorized government entity orders it, are also covered. The insured must notify the insurer as soon as practicable of any actual, suspected, or threatened defect in the insured's product or any governmental investigation that may result in a merchandise withdrawal.
The following liability definitions are added: "defect," "merchandise tampering," "merchandise withdrawal," and "merchandise withdrawal expenses." The definition of "products-completed operations hazard" is also replaced.
Residential Cleaning Services, BP 07 81 07 13
Endorsement BP 07 81 provides a reward payment section to reimburse the insured up to $5,000 for rewards paid for information leading to the arrest and conviction of any persons committing a crime resulting in loss or damage to covered property or for the return of stolen covered property when caused by theft. Up to $1,000 (with a $100 deductible) is available for the cost to repair or replace locks at the client's residence due to theft or other loss to keys entrusted to the insured by the client.
Loss of or damage to money, securities, or other property sustained by a client resulting directly from theft committed by an identified employee is covered. Only the insured can make a claim under this insurance.
Up to $5,000 for one occurrence and $10,000 in any annual period of "your work" coverage is added to the liability section of the Businessowners form, which reimburses the insured for property damage claims arising directly from "your work" for a client. The insured must notify the insurer as soon as possible of the notification from a client of a demand for remuneration for property damage resulting from "your work."
A definition of "other property" is added to the property section.
Photography, BP 07 83 07 13
On endorsement BP 07 83, business personal property includes the insured's employees' photographic equipment used in connection with the insured's business as a photographer and property of others in the insured's care, custody, or control except as otherwise excluded.
The endorsement provides a reward payment section to reimburse the insured up to $5,000 for rewards paid for information leading to the arrest and conviction of any persons committing a crime resulting in loss or damage to covered property or for the return of stolen covered property when caused by theft.
A coverage extension for up to is added for covered photographic equipment the insured owns, covered photographic equipment of others in the insured's care, custody, or control, or covered employees' photographic equipment while in the course of transit or at a premises the insured does not own, lease, or operate. The limit is $5,000 per item and $25,000 per occurrence.
A per-item limit of $5,000 for loss or damage to unscheduled photographic equipment is added to apply to photographic equipment at the described premises or in the open or in a vehicle within 100 feet of the premise. A limit for scheduled items should be shown in the schedule.
Loss of or damage to money, securities, or other property sustained by a customer resulting directly from theft committed by an identified employee is covered. Only the insured can make a claim under this insurance.
The definition of "other property" was added to the property definitions section.
The endorsement adds coverage to the liability section for sums the insured becomes legally obligated to pay as damages because of a failure to deliver photographic product to customers due to loss or damage of photographic film or electronic media in connection with the operation of the insured's business as a photographer. The damages must exceed $250. The insured must notify the insurer as soon as practicable of an event that may result in a claim.
The following definitions are added to property and liability definitions sections: "photographic equipment" and "photographic product."
Photography – Makeup And Hairstyling, BP 07 84 07 13
This endorsement does not apply the professional services exclusion to makeup application of hairstyling services provided in connection with the insured's business as a photographer. The form also adds definitions of "makeup application" and "hairstyling services" to the liability definitions section.
Photography – Amendment Of Coverage Territory For "Photographic Equipment" – Worldwide Coverage, BP 07 87 07 13
Endorsement BP 07 87 expands the coverage territory with respect to loss or damage to photographic equipment temporarily located away from the premises. Coverage applies anywhere in the world except countries or jurisdictions specified on the schedule and countries or jurisdictions subject to trade or other economic sanctions or embargos by the United States.
Barber Shops And Hair Salons Professional Liability, BP 08 01 07 13
BP 08 01 provides professional liability coverage for bodily injury, property damage, and personal and advertising injury arising out of the rendering of or failure to render barber shop or hair salon services in the operation of a barber shop or beauty salon. In the liability definitions section, the definition of "occurrence" is amended and a definition of "barber shop or hair salon services" is added.
Funeral Directors Professional Liability, BP 08 02 01 10
Endorsement BP 08 02 provides coverage for bodily injury, property damage, personal and advertising injury, or other injury arising out of the rendering of or failure to render professional services in connection with the insured's business as a funeral director.
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 is excluded. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. An exclusion is also added for bodily injury, property damage, personal and advertising injury, or other injury arising out of a criminal act including but not limited to fraud committed by the insured or any person for whom the insured is legally responsible.
The professional services, damage to your work, and damage to that particular part of any property that must be restored, repaired, or replaced because "your work" was incorrectly performed on it exclusions do not apply. With respect to property damage to dead bodies, any casket, urn, or other container for a dead body or its cremated remains or personal effects of a deceased person while in the care, custody, or control of the insured (unless property damage is caused by theft or hostile fire), the damage to property exclusion also does not apply.
The endorsement includes the insured's employees, other than executive officers or managers, but only for acts within the scope of their employment by the insured and related to conducting the insured's business, as insureds.
The term "occurrence" is amended to include any act or omission arising out of the rendering of or failure to render professional services as a funeral director.
Optical And Hearing Aid Establishments, BP 08 03 07 13
This endorsement is used to provide professional liability coverage for bodily injury, property damage, and personal and advertising injury arising out of the rendering of or failure to render professional services in connection with optical or hearing aid services.
BP 08 03 adds an exclusion for bodily injury, property damage, or personal and advertising injury arising out of the rendering or failure to render professional services in the practice of optometry.
The who is an insured section is replaced. For determining the limits of insurance, any act or omission together with all related acts of omissions in the furnishing of these services to any one person is considered one occurrence with respect to bodily injury and property damage, and one offense with respect to personal and advertising injury.
Printers Errors And Omissions Liability, BP 08 04 01 06
BP 08 04 amends the liability portion of the Businessowners Coverage form by applying all provisions under the business liability section to damages resulting from the insured's negligent act, error, or omission in providing printing services. Sums the insured becomes legally obligated to pay as damages resulting from the insured's negligent act, error, or omission in providing printing services is also covered.
The damage to property and damage to your work exclusions do not apply.
Veterinarians Professional Liability, BP 08 05 01 10
Endorsement BP 08 05 provides coverage for bodily injury, property damage, personal and advertising injury, or other injury arising out of the rendering of or failure to render professional services in connection with the insured's practice as a veterinarian, including serving as a member of a formal accreditation, standards review, or equivalent professional board or committee.
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 is excluded. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.
The professional services, damage to personal property in the care, custody, or control of the insured, and the damage to that particular part of any property that must be restored, repaired, or replaced because "your work" was incorrectly performed on it exclusions do not apply. The damage to your work exclusion does not apply with respect to animals treated in connection with the insured's practice as a veterinarian.
An exclusion is also added for bodily injury, property damage, personal and advertising injury, or other injury arising out of a criminal act including but not limited to fraud committed by the insured or any person for whom the insured is legally responsible, liability resulting from the theft of any animal, and bodily injury, property damage, or other injury due to fire, however caused.
The endorsement includes the insured's employees, other than executive officers or managers, but only for acts within the scope of their employment by the insured and related to conducting the insured's business, as insureds.
The term "occurrence" is amended to include any act or omission arising out of the rendering of or failure to render professional veterinary services.
Pharmacists – Broad Coverage, BP 08 06 01 10
BP 08 06 provides coverage for bodily injury, property damage, or personal and advertising injury caused by the rendering of or failure to render professional services in connection with the practice of pharmacy, but only in the operations of a retail pharmacist or pharmacy, including administering or prescribing any drug, consulting, diagnostic, referral, or similar service.
The professional services in the practice of pharmacy, damage to that particular part of any property that must be restored, repaired, or replaced because "your work" was incorrectly performed on it and the damage to your work exclusions do not apply.
An exclusion is added for bodily injury, property damage, personal and advertising injury, or other injury arising out of a criminal act including but not limited to fraud committed by the insured or any person for whom the insured is legally responsible.
The endorsement includes the insured's employees, other than executive officers or managers, but only for acts within the scope of their employment by the insured and related to conducting the insured's business, as insureds.
Pharmacists, BP 08 07 07 13
Endorsement BP 08 07 provides professional liability coverage for bodily injury, property damage, and personal and advertising injury arising out of the rendering of or failure to render professional services in connection with the practice of pharmacy, but only in the operations of a retail pharmacist or pharmacy.
The endorsement adds an exclusion for bodily injury, property damage, or personal and advertising injury caused by the willful violation of a penal statute or statute relating to the sale of pharmaceuticals; arising out of any insured's consulting, diagnostic, referral, or similar services (other than the administering vaccinations in accordance with applicable state or federal law); or arising out of any goods or products prescribed by the insured.
The who is an insured section is replaced. For determining the limits of insurance, any act or omission together with all related acts of omissions in the furnishing of these services to any one person is considered one occurrence with respect to bodily injury and property damage, and one offense with respect to personal and advertising injury.
Beauty Salons Professional Liability, BP 08 09 07 13
This endorsement provides professional liability coverage for bodily injury, property damage, and personal and advertising injury arising out of the rendering of or failure to render salon services in connection with the insured's business as a salon.
The contractual liability exclusion has been replaced. The professional services, damage to property, and damage to your work exclusions do not apply to this coverage. An exclusion is added for bodily injury, property damage, personal and advertising injury, or other injury arising out of the violation of any statute or governmental rule or regulation (except the failure to apply a predisposition of skin test) or the rendering of failure to render any professional service, treatment, advice, or instruction (except for salon services).
The who is an insured section is amended. In the liability definitions section, the definition of "occurrence" is amended a definition of "salon services" has been added.
Earthquake, BP 10 03 07 13
BP 10 03 adds earthquake and volcanic eruption as covered causes of loss. A percentage deductible (as indicated in the declarations) is subtracted from the amount of loss or damage in any one occurrence. The deductible applies separately to each building or structure, to the contents of each building or structure, and to personal property in the open.
Named Perils, BP 10 09 07 13
BP 10 09 replaces adds bullion, except as provided in the burglary and robbery option coverage, to the property not covered section, and states that money and securities are property not covered, except as provided in the burglary and robbery and employee dishonesty optional coverages.
The following are listed as covered causes of loss: fire, lightning, explosion, windstorm or hail, smoke, aircraft or vehicles, riot or civil commotion, vandalism, sprinkler leakage, sinkhole collapse, volcanic action, and transportation.
The limitations section of the Businessowners Coverage form does not apply, as well as the additional coverages for collapse and water damage, other liquids, powder, or molten material damage.
The following exclusions apply to this coverage: loss or damage caused by electrical apparatus, burst piping, water discharge, steam apparatus, mechanical breakdown, errors or omissions, installation, testing, repair, electrical disturbance, and continuous or repeated seepage or leaking of water. Additional exclusions apply for accounts receivable and valuable papers and records.
Optional coverages for burglary and robbery, employee dishonesty, outdoor signs, and forgery or alteration show a deductible in the declaration, and that deductible will satisfy the form's deductible requirements, regardless of the amount of the deductible.
The vacancy property loss condition and the optional coverage sections have been amended from the Businessowners Coverage form. Paragraph H.12 definitions do not apply to this coverage.
Earthquake And Volcanic Eruption (Sub-Limit), BP 10 11 07 13
This endorsement adds earthquake and volcanic eruption as covered causes of loss. An annual aggregate limit is the most that will be paid for the total of all loss or damage caused by earthquake or volcanic eruption in a twelve-month period, regardless of how many earthquakes or volcanic eruptions occur. An increased annual aggregate limit option may be chosen, which replaces the annual aggregate limit and is the most that will be paid for a single earthquake or volcanic eruption. If more than one earthquake or volcanic eruption occurs in a twelve-month period, the most that will be paid under this limit is two times the limit of insurance. The applicable limit of insurance also applies to the business income and extra expense additional coverages.
If an ensuing loss that would be covered as an exception to the earth movement exclusion on the Businessowners coverage form, BP 10 11 will also pay for loss or damage caused by the other covered cause of loss, but the most that will be paid is the limit applicable to the other cause of loss—the sum of the two limits will not be paid. The form provides examples of ensuing losses.
A percentage deductible—shown in the schedule—will be subtracted from the amount of loss or damage in any one occurrence. The deductible applies separately to each building or structure, to the contents of each building or structure, and to personal property in the open. An example of deductible application are included. No deductible applies to the business income, extra expense, or civil authority additional coverages.
Flood Coverage, BP 10 79 07 13
Endorsement BP 10 79 adds flood as a covered cause of loss. An exclusion is added stating that any loss or damage caused by or resulting from any flood that begins before or within seventy-two hours after the inception date of the endorsement is not covered. An exception was added in the 2013 revision for coverage for flood that was in effect at least seventy-two hours prior to the flood under another policy without a lapse in coverage.
Loss or damage caused by or resulting from destabilization of land arising from the accumulation of water in subsurface land areas is not covered. Since land is property not covered, the cost or restoring or remediating land due to collapse or sinking resulting from flood is not covered. The cost of excavating, grading, backfilling, or filling is not covered. Damage to portions of covered buildings and structures and personal property caused by collapse or sinking of land along the shore of a body of water as the result of erosion or undermining caused by waves or currents of water exceeding cyclical levels and caused by flood is covered. Business personal property in the open is not covered unless specified in the schedule or Declarations.
Property not covered includes buildings or other property that is not eligible for flood insurance pursuant to the Coastal Barrier Resources Act. Boat houses and open structures—including property in or on them—that are located over bodies of water and bulkheads, pilings, piers, wharves, docks, and retaining walls that are not part of a building are also property not covered.
Loss or damage caused by discharge of water or waterborne material from a sewer, drain, or sump—unless resulting from flood and occurring within seventy-two hours after the flood recedes—is not covered.
The debris removal additional coverage and the newly acquired or constructed property coverage extension are replaced or amended from the version in the Businessowners Coverage form. The other insurance condition is also modified.
The limit of insurance may be shown in the flood coverage schedule. If no limit is shown, the limit that applies to fire also applies to flood. The flood limit of insurance is the most that will be paid in a single occurrence. If more than one flood occurs in a twelve-month period, the most that will be paid is the annual aggregate.
If there is a covered ensuing loss that results from the flood, the most that will be paid for the total of all loss or damage caused by flood and the ensuing covered cause of loss is the limit applicable to the ensuing covered cause of loss. The sum of the ensuing causes of loss limit and the flood limit will not be paid. Examples of ensuing losses and how the limit is applied are provided.
A flood deductible is shown in the schedule or declarations. The part of the loss attributable to any deductibles in the National Flood Insurance Program policy will not be paid under this coverage. If another cause of loss resulting from flood also causes damage, only the higher deductible will apply.
Off-Premises Interruption Of Business – Vehicles And Mobile Equipment, BP 10 80 02 14
BP 10 80 extends the business income and extra expense coverage to business income losses caused by direct physical loss or damage to scheduled property while it is away from the premises and for extra expenses incurred to avoid or minimize the suspension or continue operations when expenses are incurred due to direct physical loss or damage to scheduled property while away from the described premises.
Extended business income for up to sixty consecutive days after the date determined in the form or indicated on the schedule is available. A coverage extension for newly acquired property is also included.
The endorsement lists several covered causes of loss, exclusions, and limitations. Loss or damage caused by collision or overturn is not covered (unless collision is indicated as covered in the schedule, in which case limited coverage applies). However, contact with a bird or animal or contact with falling objects or missiles is covered. If scheduled property is used in a professional or organized racing or demolition contest or stunting activity, coverage does not apply. Damage caused practicing for such an activity or while the property is being prepared for the such events is also not covered.
Suspension of operations due to mechanical or electrical breakdown, malfunction, failure to operate, wear and tear, tire blowouts, tire punctures, or other road damage to tires is not covered. If a covered cause of loss results, suspension of operations resulting from the damaged caused by the covered cause of loss is not excluded.
The endorsement makes clear that coverage does not apply to physical damage to property or for its repair or replacement—the coverage is for lost business income or for extra expenses incurred.
"Scheduled property" means vehicles and motor equipment described in the schedule. The scheduled property's permanently installed machinery or equipment is also covered.
Fire Department Service Contract, BP 12 02 07 13
This endorsement is used when maintenance of a service contract with a privately owned fire department is required to apply a public protection classification.
Loss Payable Clauses, BP 12 03 01 10
The 2010 revision changed the name of this endorsement from Loss Payable Provisions to Loss Payable Clauses and added a statement that nothing in the endorsement increases the applicable limit of insurance and the insurer will not pay any loss payee more than their financial interest in the covered property and will not pay more than the applicable limit of insurance.
The following provisions are added to the loss payment property loss conditions: (1) for covered property in which both the insured and a loss payee shown in the schedule or in the declarations have an insurable interest, the insurer will adjust losses with the insured and pay any claim for loss or damage jointly to the insured and the loss payee, as interests may appear; (2) if the loss payee is a creditor (including a mortgageholder or trustee) whose interest in the covered property is established in warehouse receipts, a contract, a deed, bills of lading, financial statements, mortgages, deeds of trust, or security agreements, for covered property in which both the insured and the loss payee have an insurable interest, the insurer will pay for covered loss or damage to each loss payee in order of precedence, as interests may appear; (3) if the loss payee is a person or organization with whom the insured has entered into a contract for the sale of covered property in which both the insured and the loss payee have an insurable interest, the insurer will adjust losses with the insured and pay any claim for loss or damage jointly to the insured and the loss payee, as interests may appear; and (4) if the loss payee is the owner of the described building in which the insured is a tenant, the insurer will adjust losses to the described building with the loss payee, payments made to the loss payee will satisfy the insured's claim against the insurer for the owner's property, and the insurer will adjust the tenant's improvements and betterments with the insured unless the lease provides otherwise. The fourth clause was added by the 2010 revision in order to identify the building owner and recognize that entity as a loss payee.
Additional Insured – Building Owner, BP 12 31 01 10
The 2010 revision introduced BP 12 31 to recognize the interest of a building owner under a tenant's policy with respect to property damage. The form enables adding building owners as additional named insureds under a tenant's property coverage.
Identity Fraud Expense Coverage, BP 14 01 01 10
The 2010 revision introduced BP 1401, a new coverage option for identity fraud expenses. Coverage is provided for up to $25,000 (unless a different limit is indicated in the schedule) for the sum of all expenses the insured incurs as the direct result of all acts of identity fraud first discovered or learned of during the policy period. Up to $5,000 is available for all additional advertising expenses incurred to restore the insured's reputation as the result of all acts of identity fraud discovered or learned of during the policy period. The coverage is additional insurance.
Expenses or additional advertising expenses the insured incurs as a result of identity fraud due to any fraudulent, dishonest, or criminal acts by the insured or the insured's partners, members, officers, managers, directors, trustees, or any authorized representative whether acting alone or in collusion with others are excluded. Loss other than expenses or additional advertising expenses are also excluded.
A $250 is the only deductible that applies to the coverage. Receipts, bills, or other records that support the claim must be sent to the insurer within sixty days after the insurer's request. If the insured carries the employee dishonesty optional coverage, the coverage provided by this endorsement does not apply to losses payable under the employee dishonesty optional coverage. This insurance is excess over any other insurance covering the same loss or damage.
Definitions are added for "expenses" and "identity fraud."
Additional Insured – Owners, Lessees Or Contractors – Completed Operations, BP 14 02 07 13
Endorsement BP 14 02 includes as additional insureds persons or organizations listed in the schedule with respect to liability for bodily injury or property damage caused in whole or in part by "your work" at the location designated in the schedule performed for that additional insured and included in the products-completed operations hazard.
ISO added language to the additional insured endorsements in the 2013 revision in response to states enacting anti-indemnification laws, which prohibit provisions in construction contracts that require a party to indemnify another party against liability for such other party's own fault or negligence. The endorsements now state that insurance is provided only to the extent permitted by law. The endorsements also state that if coverage provided to the additional insured is required by agreement or contract, the insurance provided will not be broader than what is required by the agreement or contract. The most the insurer will pay is the amount required by the agreement or contract or the policy limits, whichever is less. The endorsement will not increase the applicable limits of insurance in the Declarations.
Theft Of Clients' Property Coverage, BP 14 03 01 10
BP 14 03 was introduced in the 2010 revision, which extends the coverage under the employee dishonesty optional coverage to pay for loss or damage to money, securities, and other property sustained by a client resulting directly from theft committed by any of the named insured's employees, acting alone or in collusion with other persons.
The coverage limit is $5,000 unless a higher limit is shown in the schedule. A $250 deductible applies, and no other deductible applies to the coverage.
Windstorm Or Hail Losses To Roof Surfacing – Actual Cash Value Loss Settlement, BP 14 04 07 13
This endorsement states that roof surfacing, if the loss or damage to roof surfacing is caused by windstorm or hail, is valued at actual cash value. The 2013 revision added a description of roof surfacing, which refers to the shingles, tiles, cladding, metal or synthetic sheeting, or similar materials covering the roof and includes all materials used in securing the roof surface and all materials applied to or under the roof surface for moisture protection. Roof flashing is also included.
Additional Insured – Grantor Of Franchise, BP 14 05 07 13
Endorsement 14 05 includes as additional insureds persons or organizations shown in the schedule only with respect to their liability as a grantor of a franchise to the insured.
ISO added language to the additional insured endorsements in the 2013 revision in response to states enacting anti-indemnification laws, which prohibit provisions in construction contracts that require a party to indemnify another party against liability for such other party's own fault or negligence. The endorsements now state that insurance is provided only to the extent permitted by law. The endorsements also state that if coverage provided to the additional insured is required by agreement or contract, the insurance provided will not be broader than what is required by the agreement or contract. The most the insurer will pay is the amount required by the agreement or contract or the policy limits, whichever is less. The endorsement will not increase the applicable limits of insurance in the Declarations.
Exclusion – Exterior Insulation And Finish Systems, BP 14 08 01 10
BP 14 08 was introduced by the 2010 revision and can be used to exclude exterior insulation and finish systems-related liability of an insured. A definition of "exterior insulation and finish systems" is included.
Debris Removal Additional Insurance, BP 14 09 07 13
This endorsement enables the insured to increases the additional amount available for debris removal from $25,000 to the higher amount shown in the schedule.
Brands And Labels, BP 14 10 01 10
The 2010 revision introduced BP 14 10, which permits an insured to stamp the word "salvage" on damaged covered property or to remove their brands or labels when the insurer agrees to take the property at an agreed or appraised value. The insurer will pay reasonable costs to make this happen.
Abuse Or Molestation Exclusion – Specified Services, BP 14 11 01 10
This endorsement was introduced in the 2010 revision in response to the ruling in RJC Realty Holding Corp. v. Republic Franklin Ins., 808 N.E., 2d 1263 (N.Y. 2004), which stated that an exclusion for bodily injury arising out of body massage other than facial massage did not apply to an alleged act of sexual assault by a masseur during a body massage.
For services described in the schedule, the insurance does not apply to bodily injury, property damage, or personal or advertising injury arising out of the actual or threatened abuse or molestation by anyone of any person while in the care, custody, or control of any insured or the negligent employment, investigation, supervision, reporting to the proper authorities, failure to report to the proper authorities, or retention of a person for whom any insured is or ever was legally responsible.
Limited Exclusion – Personal And Advertising Injury – Lawyers, BP 14 15 07 13
Endorsement BP 14 15 states that the insurance provided under the coverages section of the Businessowners form does not apply to personal and advertising injury arising out of the rendering of or failure to render professional services as a lawyer. The exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training, or monitoring of others by an insured if the offense caused by the personal and advertising injury involved the rendering of or failure to render professional services as a lawyer.
Snow Plow Products-Completed Operations Hazard Coverage, BP 14 16 01 10
BP 14 15 was added by the 2010 revision and provides an exception to the liability exclusion for aircraft, auto, or water craft for bodily injury or property damage that is included in the products-completed operations hazard and arises out of the use of any auto for snow or ice removal operations.
Designated Location(s) General Aggregate Limit, BP 14 17 01 10
The 2010 revision introduced BP 14 17 to provide an aggregate limit on a location basis for businessowners risks, which applies to each location designated in the schedule.
Designated Construction Project(s) General Aggregate Limit, BP 14 18 01 10
Introduced with the 2010 revision, this endorsement provides for a separate aggregate limit for designated construction projects.
Exclusion – Designated Work, BP 14 21 01 10
Endorsement BP 14 21 was introduced by the 2010 revision and adds an exclusion for bodily injury or property damage included in the products-completed operations hazard and arising out of "your work" shown in the schedule.
Exclusion – Products-Completed Operations Hazard, BP 14 22 01 10
The 2010 revision introduced BP 14 22, which adds an exclusion for bodily injury or property damage included within the products-completed operations hazard.
Exclusion – Designated Products, BP 14 23 01 10
Introduced with the 2010 revision, this endorsement adds an exclusion for bodily injury or property damage included in the products-completed operations hazard and arising out of "your products" shown in the schedule.
Discretionary Payroll Expense, BP 14 30 01 10
Endorsement BP 14 30 was introduced by the 2010 revision to provide flexibility with respect to the payroll expense features of the business income additional coverage. Payroll expenses for the job classifications and employees identified in the schedule will be included as continuing normal operating expenses in determining the amount of business income loss. The expenses are included in the business income loss for the entire period of restoration and any extended period of restoration unless a maximum number of days is shown in the schedule.
Increased Cost Of Loss And Related Expenses For Green Upgrades, BP 14 75 07 13
This endorsement applies only to property listed in the schedule. The coverage amount shown in the schedule is the maximum amount provided for the total of all costs attributable to green upgrades. The endorsement explains how the total amount is determined.
BP 14 75 explains what is meant by "green" and provides a description of a green standard-setter. The following related expenses are also covered by the endorsement if an amount is entered for them on the schedule: waste reduction and recycling, design and engineering professional fees, certification feels and related equipment testing, and building air-out and related air testing.
For business interruption coverage, the period of restoration is extended to include the increased period of time attributable to green upgrades coverage and related expenses. The extension is limited to the greater of thirty days or the number of days indicated in the schedule.
Exclusion Of Loss Due To By-Products Of Production Or Processing Operations (Rental Properties), BP 14 78 07 13
BP 14 78 was added with the 2013 revision and applies to the rental units described in the schedule and the buildings in which the units are located. Loss or damage to described premises caused by or resulting from smoke, vapor, gas, or any substance released in the course of production operations or processing operations performed at the rental units are not covered. The exclusion does not apply to loss or damage by fire or explosion resulting from the release of a byproduct of the production or processing operation. Resulting business income losses or extra expenses are not covered. The conduct of the tenant's production or processing operations is not considered vandalism on rental premises.
Specified Business Personal Property Temporarily Away From Premises, BP 14 79 07 13
The insurance that applies to the insured's business personal property may be extended to apply to property temporarily away from the described premises in the course of the insured's daily business activities and to property in the insured's care, custody, or control or in the care, custody, or control of the insured's employees. The extension does not apply to stock, samples of stock, or any of the insured's product unless at a fair, exhibition, or trade show; property in the care, custody, or control of the insured's salespersons unless at a fair, exhibition, or trade show; property in the care, custody, or control of a common or contract carrier or bailee for hire; or property while airborne or waterborne.
Theft (if a covered cause of loss) from a land motor vehicle is not covered unless there is forced entry with visible marks. The coverage does not apply while outside the United States, including its territories or possessions, Puerto Rico, or Canada.
Higher Limits, BP 14 80 07 13
Endorsement BP 14 80 was added with the 2013 revision. It provides higher limits with regards to coverages identified in the schedule, which shows the revised amount of insurance and the additional premium.
Limitations On Coverage For Roof Surfacing, BP 14 81 07 13
The 2013 revision added BP 14 8, which applies to the buildings identified in the schedule. A provision is added to the loss payment loss condition for roof surfacing. The endorsement states that cosmetic damage to roof surfacing caused by windstorm or hail is not covered. Cosmetic damage includes marring, pitting, or other superficial damage that altered the appearance of the roof surfacing caused by windstorm or hail. The damage does not prevent the roof from functioning as a barrier to entrance of the elements before the cosmetic damage occurred. Roof surfacing refers to the shingles, tiles, cladding, metal or synthetic sheeting, or other materials used in securing the roof surface for moisture protection. Roof flashing is also included.
Increase In Rebuilding Expenses Following Disaster (Additional Expense Coverage On Annual Aggregate Basis), BP 14 82 07 13
The 2013 revision added the BP 14 82 endorsement, which applies to buildings identified in the schedule. The additional expense coverage applies if the event that caused the covered cause of loss results in a declaration of a state of disaster by federal or state authorities or if it occurs in close temporal proximity to the event that resulted in the declaration of disaster. Expenses for labor and building materials must increase as a result of the disaster and the total cost of repair must exceed the limit of insurance for coverage to apply. If the insured elects to repair or replace the damaged building and notifies the insurer within thirty days of completion of any improvements, alterations, or additions to the building that increase the replacement cost of the building by 5 percent or more, the insured will pay the increased expenses actually incurred up to the maximum amount of additional expense coverage.
The endorsement provides an explanation of how the maximum amount of additional expense is determined. Once the maximum amount is reached, there is no coverage for subsequent events that occur in the same policy term, but if the maximum amount has not been reached, the balance is available for subsequent events occurring during the annual policy term. Debris removal, ordinance or law, and newly acquired or constructed buildings provisions are included. Business income and extra expenses recovered will be subtracted from the expenses payable under this endorsement.
Employee Dishonesty – Named Employee(s), BP 14 83 07 13
The 2013 revision added this endorsement, which removes the exclusion from the employee dishonesty additional coverage for loss or damage caused by an employee if the employee had also committed theft or any other dishonest act prior to the effective date of this policy and the insured learned of the act prior to the policy period. The exclusion is removed only for employees listed in the schedule.
Windstorm Or Hail Exclusion, BP 14 84 07 13
Endorsement BP 14 84, new with the 2013 revision, adds windstorm or hail to the exclusions section for the premises shown in the schedule. For these properties, windstorm or hail is deleted from the specified causes of loss.
Communicable Disease Exclusion, BP 14 86 07 13
BP 14 86 was new with the 2013 revision and adds communicable disease as a liability exclusion. Bodily injury, property damage, and personal and advertising injury arising out of the actual or alleged transmission of a communicable disease is excluded.
Additional Insured – Owners, Lessees Or Contractors – With Additional Insured Requirement For Other Parties In Construction Contract, BP 14 87 07 13
The 2013 revision added Endorsement BP 14 87. The endorsement includes as additional insureds persons or organizations for whom the insured performs operations as agreed in writing in a contract or agreement or whom the insured is required to include under contract or agreement with respect to liability for bodily injury, property damage, or personal and advertising injury caused by the insured's acts or omissions in the performance of ongoing operations for the additional insured or the acts or omissions of those acting on the insured's behalf.
ISO added language to the additional insured endorsements in the 2013 revision in response to states enacting anti-indemnification laws, which prohibit provisions in construction contracts that require a party to indemnify another party against liability for such other party's own fault or negligence. The endorsements now state that insurance is provided only to the extent permitted by law. The endorsements also state that if coverage provided to the additional insured is required by agreement or contract, the insurance provided will not be broader than what is required by the agreement or contract. The most the insurer will pay is the amount required by the agreement or contract or the policy limits, whichever is less. The endorsement will not increase the applicable limits of insurance in the Declarations.
Additional exclusions apply to bodily injury or property damage occurring after all work on the project has been completed or "your work" has been put to its intended use.
Primary And Noncontributory – Other Insurance Condition, BP 14 88 07 13
BP 14 88 was added by the 2013 revision. The endorsement adds a primary and noncontributory insurance section to the common policy conditions.
Liquor Liability Coverage – Bring Your Own Alcohol Establishments, BP 14 89 07 13
The 2013 revision added BP 14 89, which amends the liability section of the Businessowners policy. Insurance applying to business liability also applies to bodily injury or property damage arising out of the selling, serving, or furnishing of alcoholic beverages. Insureds allowing any person to bring any alcoholic beverages on their premises for consumption on the premises will be considered selling, serving, or furnishing alcoholic beverages. Some exclusions on the underlying policy do not apply, and exclusions for bodily injury or property damage arising out of any alcoholic beverage sold, served, or furnished while any license is not in effect and for bodily injury or property damage arising out of "your product" are added.
The most that will be paid under the coverage is the liquor liability aggregate limit.
Amendment Of Personal And Advertising Injury Definition, BP 14 91 07 13
Added by the 2013 revision, BP 14 91 removes the portion of the liability definition of "personal and advertising injury" that pertains to oral or written publication, in any manner, of material that violates a person's right of privacy.
Exclusion – Access Or Disclosure Of Confidential Or Personal Information And Data-Related Liability – With Limited Bodily Injury Exception, BP 15 04 05 14
This endorsement is mandatory and excludes coverage for personal and advertising injury arising out of any access to or disclosure of confidential or personal information. An inclusive but not exhaustive list of confidential information is provided, such as patents, trade secrets, financial information, and credit card information.
BP 15 04 contains an exception for damages because of bodily injury.
Exclusion – Access Or Disclosure Of Confidential Or Personal Information And Data-Related Liability – Limited Bodily Injury Exception Not Included, BP 15 05 05 14
This optional endorsement may be used in place of the mandatory endorsement, BP 15 04. It does not contain an exception for damages because of bodily injury.
Exclusion – Access Or Disclosure Of Confidential Or Personal Information (Personal And Advertising Injury Only), BP 15 06 05 14
This endorsement may be used in place of mandatory endorsement BP 15 04 or optional endorsement BP 15 05. BP 15 06 does not contain a related exclusion with respect to coverage for bodily injury and property damage.
Information Security Protection Endorsement, BP 15 07 03 15
For a detailed discussion of this endorsement, see Information Security Protection Endorsement
Payment Card Industry (PCI) – Provide Coverage For Defense Expenses And Fines Or Penalties, BP 15 08 03 15
The Payment Card Industry (PCI) – Provide Coverage For Defense Expenses And Fines Or Penalties endorsement adds coverage to the security breach liability insuring agreement for loss and defense costs resulting from claims in the form of actions made against the insured by a card company for noncompliance with the Payment Card Industry (PCI) Data Security Standards.
A "card company" is defined as "American Express, Discover Financial Services, JCB International, MasterCard Worldwide, Visa Inc. or any other credit card company that requires its merchants to adhere to the Payment Card Industry (PCI) Data Security Standards." A claim under this endorsement includes an action brought by a card company, and a loss includes fines and penalties assessed against he insured.
The exclusion for fines, penalties or assessments imposed pursuant to contract or agreement, whether oral or written, including, but not limited to, Payment Card Industry fines, penalties, or assessments does not apply.
Payment Card Industry (PCI) – Provide Coverage For Defense Expenses, BP 15 09 03 15
The Payment Card Industry (PCI) – Provide Coverage for Defense Expenses endorsement is the same as The Payment Card Industry (PCI) – Provide Coverage For Defense Expenses And Fines Or Penalties but does not provide coverage for fines or penalties, just defense expenses.
Provide Coverage For Dishonest, Malicious Or Fraudulent Acts Committed By Employees, BP 15 10 03 15
The Provide Coverage For Dishonest, Malicious Or Fraudulent Acts Committed By Employees endorsement simply adds coverage for dishonest, malicious or fraudulent acts committed by an employee for the entire Information Security Protection Endorsement, instead of for just the security breach liability insuring agreement, as provided in exclusion r.
Exclusion – Unmanned Aircraft, BP 15 11 12 16
In 2016 ISO introduced BP 15 11 to aid in the underwriting of drone-related liability exposures that are not addressed on the Businessowners Coverage Form.
"Unmanned aircraft" is defined on the endorsement as "an aircraft that is not designed, manufactured, or modified after manufacture to be controlled directly by a person from within or on the aircraft."
BP 15 11 provides options for excluding bodily injury, property damage, and personal and advertising injury arising out of the ownership, maintenance, use, or entrustment to others of any unmanned aircraft.
Limited Coverage For Designated Unmanned Aircraft, BP 15 12 12 16
Limited bodily injury, property damage, and personal and advertising injury coverage is available under this endorsement when the proper notations are made in the included schedule.
Condominium Association Coverage, BP 17 01 07 13
Endorsement BP 17 01 provides coverage for condominium associations. The building, meaning the building or structure described in the declarations, is covered, including completed additions, fixtures outside of individual units, permanently installed machinery and equipment, and personal property owned by the insured that is used to maintain or service the building. Additions under construction, alterations, or repairs, and materials, equipment, supplies, and temporary structures on or within 100 feet of the described premises used for making additions, alterations, or repairs are covered if not covered by other insurance. Various types of listed property are covered if the condominium association agreement requires the association to insure them.
Business personal property located in the buildings or structures described in the declarations or in the open or in vehicles within 100 feet of the premises is covered. Business personal property includes personal property the insured owns or that is owned indivisibly by all unit owners; the insured's interest in the labor, materials, or services furnished or arranged by the insured on personal property of others; and leased personal property that the insured has a contractual responsibility to insure. Business personal property does not include personal property owned only by a unit owner unless it is in the insured's care, custody, or control.
Unit owners may have insurance that covers the same property; this insurance is primary. Each individual unit owners is an insured under the liability section but only for liability arising out of the ownership, maintenance, or repair of the portion of the premises that is not reserved for the unit owner's exclusive use or occupancy.
Condominium Commercial Unit-Owners Coverage, BP 17 02 07 13
BP 17 02 covers a commercial condominium unit owner's business personal property, which is business personal property located in or on the buildings or structures at the described premises or in the open or in a vehicle within 100 feet of the building or structures or within 100 feet of the premises, whichever distance is greater. Business personal property includes property the insured owns and is used in the insured's business; property in the insured's care, custody, or control; fixtures, improvements, and alterations owned by the insured and making up part of the building; and leased personal property the insured has a contractual responsibility to insure.
The endorsement adds a list of property that is not covered when the condominium association is required to insure it, including fixtures, improvements, and alterations that are part of the building and appliances such as those used for refrigerating, ventilating, cooking, dishwashing, laundering, security, or housekeeping.
Under this coverage, when a policy is issued to a tenant, and with respect to the tenant's interest in covered property, building means the unit or suite rented or leased to the tenant. This building is considered vacant when it does not contain enough business personal property to conduct customary operations. When the policy is issued to the building owner, building means the entire building, and it is vacant unless 31 percent or more of the total square footage is rented to a lessee or sub-lessee and used in its customary operations or used by the building owner to conduct customary business operations. If a building is under construction or renovation, it is not considered vacant. If a building where loss or damage occurs is vacant for more than sixty consecutive days, the insured will not pay for loss or damage caused by vandalism, sprinkler leakage, building glass breakage, water damage, theft, or attempted theft. For other covered causes of loss, the amount paid will be reduced by 15 percent.
Condominium Commercial Unit-Owners Optional Coverages, BP 17 03 07 13
Endorsement BP 17 03 provides coverage for the unit owner's share of a loss assessment charged to all unit owners when the assessment is made during the policy period and as a result of direct physical loss or damage to property in which each unit owner has an undivided interest and that is caused by a covered cause of loss.
The most paid under this coverage for each assessment is the loss assessment limit shown in the schedule, but not more than $1,000 per scheduled unit for an assessment that results from a deductible in the insurance purchased by the condominium association. The amount of loss must exceed the loss assessment deductible before payment is made. No other deductible applies.
Coverage for miscellaneous real property—condominium property that is not included under business person property and pertains to the insured's condominium unit only or that the insured has a duty to insure according to the condominium agreement— is available, but a limit of insurance must be indicated in the schedule for the coverage to apply. Coverage for miscellaneous real property is excess over insurance the condominium association carries on the same property.
Condominiums, Co-Ops, Associations – Directors And Officers Liability Endorsement, BP 17 24 01 10
BP 17 24 was added by the 2010 revision to provide directors and officers liability coverage on businessowners policies insuring eligible condominiums, co-ops, and community associations.
The endorsement will pay on behalf of any insured person any loss that the insured person becomes legally obligated to pay as the result of a claim first made during the policy period or extended reporting period, but only to a claim arising out of a wrongful act committed by the insured person occurring on or after the retroactive date and before the end of the policy period. If the insured person's spouse is included in the claim solely because of such spousal status or the spouse's ownership interest in property or assets that are sought as recovery for the wrongful act, all loss the spouse becomes legally obligated to pay by reason of the claim will be considered as loss the insured person becomes legally obligated to pay. The insurance also applies to the insured person's estate, heirs, legal representative of the deceased insured person, and legal representative of an insured person in the event of incompetency, insolvency, or bankruptcy.
The endorsement also pays on behalf of the association any loss for which the association has indemnified an insured person and that the insured person becomes legally obligated to pay as a result of a qualifying claim. The endorsement will pay on behalf of the association any loss that the association becomes legally obligated to pay as the result of a claim first made during the policy period or extended reporting period, but only to a claim arising out of a wrongful act committed by the association occurring on or after the retroactive date and before the end of the policy period.
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