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Declarations
Item 1 Insured:
Employees including elective or appointive executive officers or members of the board of trustees, directors or governors of public bodies of the State of South Carolina (or any subdivision thereof) to whom a certificate of insurance has been issued indicating that coverage is afforded by this policy.
Item 2. Policy Period: | From: | January 1, 1975 |
To: | January 1, 1980 12:01 A.M. Standard Time |
Item 3. Limit of Liability:
The limit of the Fund's Liability for personal injury and/or property damage each occurrence or event: $300,000.
Endorsements attached to policy at inception: Nuclear Energy Liability Exclusion A-0009.
Errors and Omissions Endorsement
January 1st, 1976.
State of South Carolina Budget and Control Board Office of General Services
Countersigned by ___ Authorized Representative
GENERAL LIABILITY POLICY
State of South Carolina Budget and Control Board
Office of General Services
(Herein called the Fund)
In consideration of the payment of the premium, in reliance upon the statements in the declarations made a part hereof and subject to all of the terms of this policy, agrees with the Employer as follows:
I. Insuring Agreements A. Coverage The Fund will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of personal injury or property damage to which this policy applies, caused by an occurrence or event, and the Fund shall have the right and duty to defend any suit against the insured seeking damages on account of such personal injury or property damage, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient, but the Fund shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the Fund's liability has been exhausted by payment of judgments or settlements.
B. Supplementary Payments The Fund will pay, in addition to the applicable limit of liability:
(1) all costs taxed against the insured in any suit defended by the Fund and all interest on the entire amount of any judgment therein which accrues after entry of the judgment and before the Fund has paid or tendered or deposited in court that part of the judgment which does not exceed the limit of the Fund's liability thereon;(2) premiums on appeal bonds required in any such suit, premiums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of liability of this policy;(3) reasonable expenses incurred by the insured at the Fund's request in assisting the Fund in the investigation or defense of any claim or suit, including actual loss of earnings not to excess $25 per day.C. Limit of Liability The Fund's liability with respect to each occurrence or event, shall not exceed the amount stated in Item 3 of the declarations. It is further agreed that the insurance afforded applies separately to each insured against whom claim is made or suit is brought but the inclusion in this policy of more than one insured shall not operate to increase the limit of the Fund's liability.
D. Policy Period, Territory This policy applies to occurrences or events happening anywhere during the policy period.
II. Exclusions This policy does not apply:
(a) to liability assumed by the insured under any contract or agreement;(b) to personal injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of any automobile, watercraft, or aircraft;(c) to personal injury or property damage arising out of and in the course of the transportation of mobile equipment by any automobile;(d) to personal injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water; but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental;(e) to personal injury or property damage due to war, whether or not declared, civil war, insurrection, rebellion or revolution;(f) to any obligation for which the insured or any carrier as his insurer may be held liable under any workmen's compensation, unemployment compensation or disability benefits law, or under any similar law;(g) to any employee with respect to bodily injury to or the death of another employee of the same employer;(h) to property damage to:(1) property owned or occupied by or rented to the insured or the insured's employer, or(2) property used by the insured, or the insured's employer or property in the care, custody or control of the insured or the insured's employer or as to which the insured or the insured's employer is for any purpose exercising physical control.(i) to personal injury or property damage due to:(1) the rendering of or failure to render (a) medical, surgical, dental, x-ray or nursing service or treatment, or the furnishing of food or beverages in connection therewith;(b) any service or treatment conducive to health or of a professional nature; or(c) any cosmetic or tonsorial service or treatment;(2) the furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances; or(3) the handling of or performing of autopsies on dead bodies;(j) to personal injury or property damage if liability is imposed:(1) by, or because of the violation of, any statute, ordinance or regulation pertaining to the sale, gift, distribution or use of any alcoholic beverage, or(2) by reason of the selling, serving or giving of any alcoholic beverage to a minor or to a person under the influence of alcohol or which causes or contributes to the intoxication of any person.(k) to property damage to public property to the extent such property is insured under a property insurance policy or certificate issued by the Fund.III. Definitions When used in this policy (including endorsements forming a part hereof):
(a) Automobile means a land motor vehicle, trailer or semi-trailer designed for travel on public roads (including any machinery or apparatus attached thereto), but does not include mobile equipment;(b) Employer means the employer designated in item 1 of the declarations;(c) Insured means the person or persons designated in the declarations while acting within the scope of his duties for his employer;(d) Mobile equipment means a land vehicle (including any machinery or apparatus attached thereto), whether or not self-propelled, (1) not subject to motor vehicle registration, or (2) maintained for use exclusively on premises owned by or rented to the insured or the insured's employer, including the ways immediately adjoining, or (3) designed for use principally off public roads, or (4) designed or maintained for the sole purpose of affording mobility to equipment of the following types forming an integral part of or permanently attached to such vehicle: power cranes, shovels, loaders, diggers and drills; concrete mixers (other than the mix-in-transit type); graders, scrapers, rollers and other road construction or repair equipment; air-compressors, pumps and generators, including spraying, welding and building cleaning equipment; and geophysical exploration and well servicing equipment;(e) Occurrence means an accident, including continuous or repeated exposure to conditions, which results in bodily injury or property damage neither expected nor intended from the standpoint of the insured;(f) Personal injury means: (1) bodily injury, sickness, shock, mental anguish and mental injury including death resulting therefrom sustained by any person caused by an occurrence;(2) false arrest, false imprisonment, wrongful eviction, wrongful detention, malicious prosecution or humiliation;(3) libel, slander, defamation of character, invasion or rights of privacy, discrimination, or violation of Civil Rights; or(4) assault and battery not committed by or at the direction of the insured, unless committed for the purpose of protecting persons or property.(g) Property damage means (1) physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting therefrom, or (2) loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period.IV. Conditions A. Premium. All premiums for this policy shall be computed in accordance with the Fund's rules, rates, rating plans, premiums and minimum premiums applicable to the insurance afforded herein.B. Insured's Duties in the Event of Occurrence, Claim or Suit.(1) in the event of an occurrence or event, written notice containing particulars sufficient to identify the insured and also reasonably obtainable information with respect to the time, place and circumstances thereof, and the names and addresses of the injured and of available witnesses, shall be given by or for the insured to the Fund or any of its authorized agents as soon as practicable.(2) if claim is made or suit is brought against the insured, the insured shall immediately forward to the Fund every demand, notice, summons or other process received by him or his representative.(3) the insured shall cooperate with the Fund and, upon the Fund's request, assist in making settlements, in the conduct of suits and in enforcing any right of contribution or indemnity against any person or organization who may be liable to the insured because of injury or damage with respect to which insurance is afforded under this policy; and the insured shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. The insured shall not, except at his own cost, voluntarily make any payment, assume any obligation or incur any expense other than for first aid to others at the time of accident.C. Action Against Fund. No action shall lie against the fund unless, as a condition precedent thereto, there shall have been full compliance with all of the terms of this policy, nor until the amount of the insured's obligation to pay shall have been finally determined either by judgment against the insured after actual trial or by written agreement of the insured, the claimant and the Fund. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy. No person or organization shall have any right under this policy to join the Fund as a party to any action against the insured to determine the insured's liability, nor shall the Fund be impleaded by the insured or his legal representative. Bankruptcy or insolvency of the insured or of the insured's estate shall not relieve the Fund of any of its obligations hereunder.
D. Other Insurance. The insurance afforded by this policy is primary insurance, except when stated to apply in excess of or contingent upon the absence of other insurance. When this insurance is primary and the insured has other insurance which is stated to be applicable to the loss on an excess or contingent basis, the amount of the Fund's liability under this policy shall not be reduced by the existence of such other insurance. When both this insurance and other insurance apply to the loss on the same basis, whether primary, excess or contingent, the Fund shall not be liable under this policy for a greater proportion of the loss than that stated in the applicable contribution provision below:
(1) Contribution by Equal Shares. If all of such other valid and collectible insurance provides for contribution by equal shares, the Fund shall not be liable for a greater proportion of such loss than would be payable if each insurer contributes an equal share until the share of each insurer equals the lowest applicable limit of liability under any one policy or the full amount of the loss is paid, and with respect to any amount of loss not so paid the remaining insurers then continue to contribute equal shares of the remaining amount of the loss until each such insurer has paid its limit in full or the full amount of the loss is paid.(2) Contribution by Limits. If any of such other insurance does not provide for contribution by equal shares, the Fund shall not be liable for a greater proportion of such loss than the applicable limit of liability under this policy for such loss bears to the total applicable limit of liability of all valid and collectible insurance against such loss.E. Subrogation. In the event of any payment under this policy, the Fund shall be subrogated to all the insured's rights of recovery therefor against any person or organization and the insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The insured shall do nothing after loss to prejudice such rights.F. Changes. Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this policy or estop the Fund from asserting any right under the terms of this policy; nor shall the terms of this policy be waived or changed, except by endorsement issued to form a part of this policy signed by a duly authorized officer of the Fund.G. Assignment. Assignment of interest under this policy shall not bind the Fund until its consent is endorsed hereon; if, however, the insured shall die, such insurance as is afforded by this policy shall apply (1) to the insured's legal representative, as the insured, but only while acting within the scope of his duties as such.H. Cancellation. This policy may be cancelled by the Employer by surrender thereof to the Fund or any of its authorized agents or by mailing to the Fund written notice stating when thereafter the cancellation shall be effective. This policy may be cancelled by the Fund by mailing to the Employer at the address shown in this policy written notice stating when not less than thirty days thereafter such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of the surrender or the effective date and hour of cancellation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the Employer or by the Fund shall be equivalent to mailing. If the Employer cancels, earned premium shall be computed in accordance with the customary short rate table and procedure. If the Fund cancels, earned premium shall be computed pro rata. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective, but payment or tender of unearned premium is not a condition of cancellation.
I. Declarations. By acceptance of this policy, the Employer agrees that the statements in the declarations are his agreements and representations, that this policy is issued in reliance upon the truth of such representations and that this policy embodies all agreements existing between himself and the Fund or any of its agents relating to this insurance. IN WITNESS WHEREOF The State Budget and Control Board of the State of South Carolina, through the Office of General Services executed and attested these presents.
Office of General Services By ___ Chief of Insurance
Endorsement A0009
NUCLEAR ENERGY LIABILITY EXCLUSION
ENDORSEMENT
It is agreed that:
I. The policy does not apply: A. Under any Liability Coverage, to bodily injury or property damage. (1) with respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or(2) resulting from the hazardous properties of nuclear material and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof, or (b) the insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. B. Under any Medical Payments Coverage, or under any Supplementary Payments provision relating to first aid, to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization.C. Under any Liability Coverage, to bodily injury or property damage resulting from the hazardous properties of nuclear material, if (1) the nuclear material (a) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (b) has been discharged or dispersed therefrom;(2) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an insured; or(3) the bodily injury or property damage arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to property damage to such nuclear facility and any property thereat.II. As used in this endorsement: "hazardous properties" include radioactive, toxic or explosive properties;
"nuclear material" means source material, special nuclear material or byproduct material;
"source material", "special nuclear material", and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof;
"spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor;
"waste", means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (a) or (b) thereof;
"nuclear facility" means
(b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste.(c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235;(d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material;
"property damage" includes all forms of radioactive contaminations of property.
ERRORS & OMISSIONS ENDORSEMENT
(This is a claims made coverage endorsement)
The Fund, in consideration of the payment of the premium and subject to all of the provisions of the policy not expressly modified herein, agrees with the Employer as follows:
Coverage--Errors and Omissions Liability The Fund will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of a breach of duty arising out of any negligent act, error or omission of the insured if claim is made or suit is brought during the policy period, or if the negligent act, error or omission is committed during the policy period, within twenty-four months after expiration or termination of the policy and the Fund shall have the right and duty to defend any suit against the insured seeking damages on account of such negligent act, error or omission even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient, but the Fund shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the Fund's liability has been exhausted by payment of judgments or settlements.
Additional Exclusions
All exclusions of the policy applicable to Coverage A also apply to the insurance afforded by this endorsement. In addition this insurance does not apply:
(a) to personal injury or to property damage;(b) to any dishonest, fraudulent, criminal or malicious act or omission;(c) to disappearance of any tangible property (including money) or the loss of use thereof;(d) to any claim arising out of the Employee Retirement Income Security Act of 1974 or any amendment thereto;(e) to any claim or suit for a negligent act, error or omission committed prior to January 1, 1976. This endorsement forms a part of Policy No. GL-0001 issued by the State of South Carolina Budget and Control Board Office of General Services.
Effective Date of Endorsement: January 1, 1976
Countersigned by ___
Date ____________ Endorsement No. 1
S.C. Code Regs. § 19-415.3