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7/26/2019 Liberty Mutual rate filings
http://slidepdf.com/reader/full/liberty-mutual-rate-filings 1/49
Created by SERFF on 08/25/2008 01:19 PM
SERFF Tracking Number: HCAS-125144697 State: New Jersey
First Filing Company: American Fire and Casualty Company, ... State Tracking Number: 07-0746
Company Tracking Number: CL20070052
TOI: 17.0 Other Liability-Occ/Claims Made Sub-TOI: 17.0001 Commercial General Liability
Product Name: General Liability Form & Rule Revision
Project Name/Number: General Liability Form & Rule Revision/CL20070052
Filing at a Glance
Companies: American Fire and Casualty Company, The Ohio Casualty Insurance Company, West American Insurance
Company
Product Name: General Liability Form & Rule
Revision
SERFF Tr Num: HCAS-125144697 State: New Jersey
TOI: 17.0 Other Liability-Occ/Claims Made SERFF Status: Closed State Tr Num: 07-0746
Sub-TOI: 17.0001 Commercial General Liability Co Tr Num: CL20070052 State Status:Filing Type: Form/Rule Co Status: Reviewer(s): Harvey Grossman
Author: Debbie May Disposition Date: 04/18/2007
Date Submitted: 04/03/2007 Disposition Status: Approved
Effective Date Requested (New): 07/01/2007 Effective Date (New): 04/18/2007
Effective Date Requested (Renewal): 07/01/2007 Effective Date (Renewal):
General Information
Project Name: General Liability Form & Rule Revision Status of Filing in Domicile:
Project Number: CL20070052 Domicile Status Comments:
Reference Organization: Reference Number:
Reference Title: Advisory Org. Circular:
Filing Status Changed: 04/18/2007
State Status Changed: Deemer Date:
Corresponding Filing Tracking Number:
Filing Description:
In accordance with the filing requirements of your state, we submit a revision to our General Liability program
incorporating a revised company rule and 2 new and 1 revised company forms as outlined in the enclosed Explanatory
Memorandums
Company and Contact
Filing Contact Information
Debbie May, Product Staff Underwriter [email protected]
9450 Seward Road (800) 843-6446 [Phone]
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Created by SERFF on 08/25/2008 01:19 PM
SERFF Tracking Number: HCAS-125144697 State: New Jersey
First Filing Company: American Fire and Casualty Company, ... State Tracking Number: 07-0746
Company Tracking Number: CL20070052
TOI: 17.0 Other Liability-Occ/Claims Made Sub-TOI: 17.0001 Commercial General Liability
Product Name: General Liability Form & Rule Revision
Project Name/Number: General Liability Form & Rule Revision/CL20070052
Fairfield, OH 45014-5456 (513) 603-3121[FAX]
Filing Company Information
American Fire and Casualty Company CoCode: 24066 State of Domicile: Ohio
9450 Seward Road Group Code: 148 Company Type:
Fairfield, OH 45014-5456 Group Name: State ID Number:
(800) 843-6446 ext. [Phone] FEIN Number: 59-0141790
---------
The Ohio Casualty Insurance Company CoCode: 24074 State of Domicile: Ohio
9450 Seward Road Group Code: 148 Company Type:
Fairfield, OH 45014-5456 Group Name: State ID Number:
(800) 843-6446 ext. [Phone] FEIN Number: 31-0396250
---------
West American Insurance Company CoCode: 44393 State of Domicile: Indiana
9450 Seward Road Group Code: 148 Company Type:
Fairfield, OH 45014-5456 Group Name: State ID Number:
(800) 843-6446 ext. [Phone] FEIN Number: 31-0624491
---------
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Created by SERFF on 08/25/2008 01:19 PM
SERFF Tracking Number: HCAS-125144697 State: New Jersey
First Filing Company: American Fire and Casualty Company, ... State Tracking Number: 07-0746
Company Tracking Number: CL20070052
TOI: 17.0 Other Liability-Occ/Claims Made Sub-TOI: 17.0001 Commercial General Liability
Product Name: General Liability Form & Rule Revision
Project Name/Number: General Liability Form & Rule Revision/CL20070052
Filing Fees
Fee Required? No
Retaliatory? No
Fee Explanation:
Per Company: No
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Created by SERFF on 08/25/2008 01:19 PM
SERFF Tracking Number: HCAS-125144697 State: New Jersey
First Filing Company: American Fire and Casualty Company, ... State Tracking Number: 07-0746
Company Tracking Number: CL20070052
TOI: 17.0 Other Liability-Occ/Claims Made Sub-TOI: 17.0001 Commercial General Liability
Product Name: General Liability Form & Rule Revision
Project Name/Number: General Liability Form & Rule Revision/CL20070052
Correspondence Summary
Dispositions
Status Created By Created On Date Submitted
Approved Harvey Grossman 04/18/2007 04/18/2007
Closed Harvey Grossman 04/04/2007 04/04/2007
Amendments
Item Schedule Created By Created On Date Submitted
Manufacturer
s or
Distributors
Extension
Amendment
of Limits of
Ins$50,000/100,
000
Form Debbie May 04/11/2007 04/11/2007
Manufacturer
s or
Distributors
Extension
Amendment
of Limits of
Ins
$100,000/200,000
Form Debbie May 04/11/2007 04/11/2007
Description of
Addl Optional
Endt -
Manufacturer
s or
Rate Debbie May 04/11/2007 04/11/2007
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Created by SERFF on 08/25/2008 01:19 PM
SERFF Tracking Number: HCAS-125144697 State: New Jersey
First Filing Company: American Fire and Casualty Company, ... State Tracking Number: 07-0746
Company Tracking Number: CL20070052
TOI: 17.0 Other Liability-Occ/Claims Made Sub-TOI: 17.0001 Commercial General Liability
Product Name: General Liability Form & Rule Revision
Project Name/Number: General Liability Form & Rule Revision/CL20070052
DistributorsExtension
7/26/2019 Liberty Mutual rate filings
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Created by SERFF on 08/25/2008 01:19 PM
SERFF Tracking Number: HCAS-125144697 State: New Jersey
First Filing Company: American Fire and Casualty Company, ... State Tracking Number: 07-0746
Company Tracking Number: CL20070052
TOI: 17.0 Other Liability-Occ/Claims Made Sub-TOI: 17.0001 Commercial General Liability
Product Name: General Liability Form & Rule Revision
Project Name/Number: General Liability Form & Rule Revision/CL20070052
7/26/2019 Liberty Mutual rate filings
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Created by SERFF on 08/25/2008 01:19 PM
SERFF Tracking Number: HCAS-125144697 State: New Jersey
First Filing Company: American Fire and Casualty Company, ... State Tracking Number: 07-0746
Company Tracking Number: CL20070052
TOI: 17.0 Other Liability-Occ/Claims Made Sub-TOI: 17.0001 Commercial General Liability
Product Name: General Liability Form & Rule Revision
Project Name/Number: General Liability Form & Rule Revision/CL20070052
Disposition
Disposition Date: 04/18/2007
Effective Date (New): 04/18/2007
Effective Date (Renewal):
Status: Approved
Comment: correction to the endorsement filed
Rate data does NOT apply to filing.
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Created by SERFF on 08/25/2008 01:19 PM
SERFF Tracking Number: HCAS-125144697 State: New Jersey
First Filing Company: American Fire and Casualty Company, ... State Tracking Number: 07-0746
Company Tracking Number: CL20070052
TOI: 17.0 Other Liability-Occ/Claims Made Sub-TOI: 17.0001 Commercial General Liability
Product Name: General Liability Form & Rule Revision
Project Name/Number: General Liability Form & Rule Revision/CL20070052
Item Type Item Name Item Status Public AccessSupporting Document P&C Cover Letter Yes
Supporting Document NAIC Uniform Property and Casualty
Transmittal Document - Read Long Desc
Yes
Supporting Document Explanatory Memorandum Yes
Supporting Document MARS002 - Final Printed Pages Yes
Supporting Document Side by Side Comparison for Forms Yes
Form Manufacturer or Distributors Extension Yes
Form (revised) Manufacturers or Distributors Extension
Amendment of Limits of Ins
$50,000/100,000
Yes
Form Manufacturers or Distributors Extension
Amendment of Limits of Ins
$50,000/100,000
Yes
Form (revised) Manufacturers or Distributors Extension
Amendment of Limits of Ins
$100,000/200,000
Yes
Form Manufacturers or Distributors Extension
Amendment of Limits of Ins
$100,000/200,000
Yes
Rate (revised) Description of Addl Optional Endt -
Manufacturers or Distributors Extension
Yes
Rate Description of Addl Optional Endt -
Manufacturers or Distributors Extension
Yes
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Created by SERFF on 08/25/2008 01:19 PM
SERFF Tracking Number: HCAS-125144697 State: New Jersey
First Filing Company: American Fire and Casualty Company, ... State Tracking Number: 07-0746
Company Tracking Number: CL20070052
TOI: 17.0 Other Liability-Occ/Claims Made Sub-TOI: 17.0001 Commercial General Liability
Product Name: General Liability Form & Rule Revision
Project Name/Number: General Liability Form & Rule Revision/CL20070052
Disposition
Disposition Date: 04/04/2007
Effective Date (New): 04/04/2007
Effective Date (Renewal): 04/04/2007
Status: Closed
Comment: This filing is not regulated for the following reasons: this filing covers product withdrawal expense coverage
and product recall expense coverage which appears on the "Exportable List" as item 21 - Products Liability or Products
Recall Coverage. Therefore, this is deregulated in accordance with the Commercial Insurance Deregulation Act of
1982, N.J.S.A. 17:29AA-1 et seq.
Rate data does NOT apply to filing.
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Created by SERFF on 08/25/2008 01:19 PM
SERFF Tracking Number: HCAS-125144697 State: New Jersey
First Filing Company: American Fire and Casualty Company, ... State Tracking Number: 07-0746
Company Tracking Number: CL20070052
TOI: 17.0 Other Liability-Occ/Claims Made Sub-TOI: 17.0001 Commercial General Liability
Product Name: General Liability Form & Rule Revision
Project Name/Number: General Liability Form & Rule Revision/CL20070052
Item Type Item Name Item Status Public AccessSupporting Document P&C Cover Letter Yes
Supporting Document NAIC Uniform Property and Casualty
Transmittal Document - Read Long Desc
Yes
Supporting Document Explanatory Memorandum Yes
Supporting Document MARS002 - Final Printed Pages Yes
Supporting Document Side by Side Comparison for Forms Yes
Form Manufacturer or Distributors Extension Yes
Form (revised) Manufacturers or Distributors Extension
Amendment of Limits of Ins
$50,000/100,000
Yes
Form Manufacturers or Distributors Extension
Amendment of Limits of Ins
$50,000/100,000
Yes
Form (revised) Manufacturers or Distributors Extension
Amendment of Limits of Ins
$100,000/200,000
Yes
Form Manufacturers or Distributors Extension
Amendment of Limits of Ins
$100,000/200,000
Yes
Rate (revised) Description of Addl Optional Endt -
Manufacturers or Distributors Extension
Yes
Rate Description of Addl Optional Endt -
Manufacturers or Distributors Extension
Yes
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Created by SERFF on 08/25/2008 01:19 PM
SERFF Tracking Number: HCAS-125144697 State: New Jersey
First Filing Company: American Fire and Casualty Company, ... State Tracking Number: 07-0746
Company Tracking Number: CL20070052
TOI: 17.0 Other Liability-Occ/Claims Made Sub-TOI: 17.0001 Commercial General Liability
Product Name: General Liability Form & Rule Revision
Project Name/Number: General Liability Form & Rule Revision/CL20070052
Amendment Letter
Amendment Date:
Submitted Date: 04/11/2007
Comments:
We need to make a correction to the endorsement numbers for the two Product Recall Expense Limit endorsements
that are used to increase the product recall coverage which is a part of the Manufacturers or Distributors Extension
Endorsement. We incorrectly used CG 85 04 05 07 instead of CG 86 04 05 07 for the Manufacturers Or Distributors
Extension Amendment Of Limits Of Insurance$50,000/$100,000 Endorsement and CG 85 05 05 07 instead of CG 86 05
05 07 for the Manufacturers Or Distributors Extension Amendment Of Limits Of Insurance$100,000/$200,000
Endorsement.
We have also revised the Rule 36 Exception to reflect the correct endorsement numbers.
Sorry for any problems this may have caused.
Changed Items:
Form Schedule Item Changes:
Form Form Edition Form Action Replaced Previous Readability Attachments
Name Number Date Type Form # Filing # Score
Manufacture
rs or
Distributors
Extension
Amendment
of Limits of
Ins
$50,000/100,
000
CG 86 04 05 07 Endorse
ment/Am
endment
/Conditio
ns
New 0 CG 86 04 05
07.pdf
Form Form Edition Form Action Replaced Previous Readability Attachments
Name Number Date Type Form # Filing # Score
Manufacture
rs or
Distributors
Extension
Amendment
of Limits of
CG 86 05 05 07 Endorse
ment/Am
endment
/Conditio
ns
New 0 CG 86 05 05
07.pdf
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Created by SERFF on 08/25/2008 01:19 PM
SERFF Tracking Number: HCAS-125144697 State: New Jersey
First Filing Company: American Fire and Casualty Company, ... State Tracking Number: 07-0746
Company Tracking Number: CL20070052
TOI: 17.0 Other Liability-Occ/Claims Made Sub-TOI: 17.0001 Commercial General Liability
Product Name: General Liability Form & Rule Revision
Project Name/Number: General Liability Form & Rule Revision/CL20070052
Ins$100,000/20
0,000
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Created by SERFF on 08/25/2008 01:19 PM
SERFF Tracking Number: HCAS-125144697 State: New Jersey
First Filing Company: American Fire and Casualty Company, ... State Tracking Number: 07-0746
Company Tracking Number: CL20070052
TOI: 17.0 Other Liability-Occ/Claims Made Sub-TOI: 17.0001 Commercial General Liability
Product Name: General Liability Form & Rule Revision
Project Name/Number: General Liability Form & Rule Revision/CL20070052
Rate/Rule Schedule Item Changes:
Exhibit Name: Rule # or Rate Previous State Attach
Page #: Action: Filing Numbers: Document:
Description of
Addl Optional
Endt -
Manufacturers or
Distributors
Extension
Rule 36 5-07 Replacement Rule 36 NJ.pdf
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Created by SERFF on 08/25/2008 01:19 PM
SERFF Tracking Number: HCAS-125144697 State: New Jersey
First Filing Company: American Fire and Casualty Company, ... State Tracking Number: 07-0746
Company Tracking Number: CL20070052
TOI: 17.0 Other Liability-Occ/Claims Made Sub-TOI: 17.0001 Commercial General Liability
Product Name: General Liability Form & Rule Revision
Project Name/Number: General Liability Form & Rule Revision/CL20070052
Form Schedule
Review
Status
Form Name Form # Edition
Date
Form Type Action Action Specific
Data
Readability Attachment
Manufacturer or
Distributors
Extension
CG 83 37 05 07 Endorseme
nt/Amendm
ent/Conditi
ons
Replaced Replaced Form #:
CG 83 37 05 04
Previous Filing #:
0.00 CG 83 37 05
07.pdf
Manufacturers or
Distributors
Extension
Amendment of
Limits of Ins
$50,000/100,000
CG 86 04 05 07 Endorseme
nt/Amendm
ent/Conditi
ons
New 0.00 CG 86 04 05
07.pdf
Manufacturers or
Distributors
Extension
Amendment of
Limits of Ins
$100,000/200,00
0
CG 86 05 05 07 Endorseme
nt/Amendm
ent/Conditi
ons
New 0.00 CG 86 05 05
07.pdf
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COMMERCIAL GENERAL LIABILITYCG 83 37 05 07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MANUFACTURERS OR DISTRIBUTORS EXTENSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Schedule
Limited Product Recall Expense Limit $25,000
Product Recall Aggregate Limit $50,000
I. Limited Product Recall Expense
A. The following is added to Section I - Coverages:
1. Insuring Agreement
a. We will reimburse you for "product withdrawal expenses" incurred because of a "product
withdrawal" to which this insurance applies.
The amount of such reimbursement is limited as described in Section III - Limits Of
Insurance. No other obligation or liability to pay sums or perform acts or services is
covered.
b. This insurance applies to a "product withdrawal" only if the "product withdrawal" isinitiated in the "coverage territory" during the policy period because:
(1) You determine that the "product withdrawal" is necessary; or
(2) An authorized government entity has ordered you to conduct a "product
withdrawal".
c. We will reimburse only those "product withdrawal expenses":
Which are incurred and reported to us within one year of the date the "product
withdrawal" was initiated.
d. The initiation of a "product withdrawal" will be deemed to have been made only at the
earliest of the following times:
(1) When you have announced, in any manner, to the general public, your vendors
or to your employees (other than those employees directly involved in making the
determination) your decision to conduct a "product withdrawal". This applies
regardless of whether the determination to conduct a "product withdrawal" is
made by you or is requested by a third party;
CG 83 37 05 07 Includes Copyrighted Material of ISO Properties, Inc., with its permission. Page 1 of 5
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(2) When you received, either orally or in writing, notification of an order from an
authorized government entity to conduct a "product withdrawal"; or
(3) When a third party has initiated a "product withdrawal" and you communicate
agreement with the "product withdrawal", or you announce to the general public,
your vendors or to your employees (other than those employees directly involved
in making the determination) your decision to participate in the "productwithdrawal", whichever comes first.
e. "Product withdrawal expenses" incurred to withdraw "your products" which contain:
(1) The same "defect" will be deemed to have arisen out of the same "product
withdrawal"; or
(2) A different "defect" will be deemed to have arisen out of a separate "product
withdrawal" if
newly determined or ordered in accordance with Paragraph 1.b. of this endorsement.
2. Exclusions
This insurance does not apply to "product withdrawal expenses" arising out of:
a. Any "product withdrawal" initiated due to:
(1) The failure of "your products" to accomplish their intended purpose, including any
breach of warranty of fitness, whether written or implied. This exclusion does not
apply if such failure has caused or is reasonably expected to cause "bodily
injury" or physical damage to tangible property.
(2) Copyright, patent, trade secret or trademark infringements;
(3) Transformation of a chemical nature, deterioration or decomposition of "your
product", except if it is caused by:
(a) An error in manufacturing, design, processing or transportation of "your
product"; or
(b) "Product tampering".
(4) Expiration of the designated shelf life of "your product".
b. A "product withdrawal", initiated because of a "defect in "your product" known to exist by
the Named Insured or the Named Insured's "executive officers", prior to the inception
date of this Coverage Part or prior to the time "your product" leaves your control or
possession.
c. Recall of any specific products for which "bodily injury" or "property damage" is excluded
under Coverage A - Bodily Injury And Property Damage Liability by endorsement.
d. Recall of "your products" which have been banned from the market by an authorized
government entity prior to the policy period.
e. The defense of a claim or "suit" against you for "product withdrawal expenses".
B. For the purposes of this endorsement, Section III - Limits Of Insurance is replaced by the following:CG 83 37 05 07 Includes Copyrighted Material of ISO Properties, Inc., with its permission. Page 2 of 5
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SECTION III – LIMITS OF INSURANCE
1. The Product Recall Aggregate Limit of Insurance shown in the Schedule and the rules below fix
the most we will reimburse regardless of the number of:
a. Insureds;
b. "Product withdrawals" initiated;c. Number of "your products" withdrawn;
d. Claims made or “suits brought; or
e. Persons or organizations making claims or bringing "suits".
2. The Product Recall Aggregate Limit is the most we will reimburse you for the sum of all "product
withdrawal expenses" incurred for all "product withdrawals" initiated during the policy period.
The Limits of Insurance of Product Withdrawal Expense Coverage apply separately to each consecutive
annual period and to any remaining period of less than 12 months, starting with the beginning of the
policy period shown in the Declarations, unless the policy period is extended after issuance for an
additional period of less than 12 months. In that case, the additional period will be deemed part of the
last preceding period for purposes of determining the Limits of Insurance.
C. For the purposes of this endorsement, the Duties In The Event Of Occurrence, Claim Or SuitCondition under Section IV - Conditions is replaced by the following:
2. Duties In The Event Of A "Defect" Or A "Product Withdrawal"
a. You must see to it that we are notified as soon as practicable of any actual, suspected or
threatened "defect" in "your products", or any governmental investigation, that may result
in a "product withdrawal". To the extent possible, notice should include:
(1) How, when and where the "defect" was discovered;
(2) The names and addresses of any injured persons and witnesses; and
(3) The nature, location and circumstances of any injury or damage arising out of
use or consumption of "your product".
b. If a "product withdrawal" is initiated, you must:
(1) Immediately record the specifics of the "product "withdrawal" and the date it was
initiated; and
(2) Notify us as soon as practicable.
You must see to it that we receive written notice of the "product withdrawal" as soon as
practicable.
c. You and any other involved insured must:
(1) Immediately send us copies of pertinent correspondence received in connection
with the "product withdrawal";
(2) Authorize us to obtain records and other information; and
(3) Cooperate with us in our investigation of the "product withdrawal".
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D. The following definitions are added to the Definitions Section:
1. "Defect" means a defect, deficiency or inadequacy that creates a dangerous condition.
2. "Product tampering" is an act of intentional alteration of "your product" which may cause or has
caused "bodily injury" or physical injury to tangible property.
When "product tampering" is known, suspected or threatened, a "product withdrawal" will not be
limited to those batches of "your product" which are known or suspected to have been tampered
with.
3. "Product withdrawal" means the recall or withdrawal of "your products", or products which contain
"your products", from the market or from use, by any other person or organization, because of a
known or suspected "defect" in "your product", or a known or suspected "product tampering",
which has caused or is reasonably expected to cause "bodily injury" or physical injury to tangible
property.
4. "Product withdrawal expenses" means those reasonable and necessary extra expenses, listed
below paid and directly related to a "product withdrawal":
a. Costs of notification;
b. Costs of stationery, envelopes, production of announcements and postage or facsimiles;
c. Costs of overtime paid to your regular non-salaried employees and costs incurred by
your employees, including costs of transportation and accommodations;
d. Costs of computer time;
e. Costs of hiring independent contractors and other temporary employees;
f. Costs of transportation, shipping or packaging;
g. Costs of warehouse or storage space; or
h. Costs or proper disposal of "your products", or products that contain "your products", that
can not be reused, not exceeding your purchase price or your cost to produce the
products;
but "product withdrawal expenses" does not include costs of the replacement, repair or redesign
of "your product", or the costs of regaining your market share, goodwill, revenue or profit.
II. Additional Insured – Vendors (Blanket Coverage)
A. Section II - Who Is An Insured is amended to include as an additional insured any person(s) or
organization(s) whom you have agreed to add as an additional insured, but only with respect to "bodily
injury" or "property damage" arising out of "your products" which are distributed or sold in the regular
course of the vendor's business, subject to the following additional exclusions:
1. The insurance afforded the vendor does not apply to:
a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by
reason of the assumption of liability in a contract or agreement. This exclusion does not
apply to liability for damages that the vendor would have in the absence of the contract or
agreement;
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b. Any express warranty unauthorized by you;
c. Any physical or chemical change in the product made intentionally by the vendor;
d. Repackaging, except when unpacked solely for the purpose of inspection,
demonstration, testing or the substitution of parts under instructions from the
manufacturer, and then repackaged in the original container;
e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has
agreed to make or normally undertakes to make in the usual course of business, in
connection with the distribution or sale of the products;
f. Demonstration, installation, servicing or repair operations, except such operations
performed at the vendor's premises in connection with the sale of the product;
g. Products which, after distribution or sale by you, have been labeled or relabeled or used
as a container, part or ingredient of any other thing or substance by or for the vendor; or
h. “Bodily injury” or “property damage” arising out of the sole negligence of the vendor for its
own acts or omissions or those of its employees or anyone else acting on its behalf.However, this exclusion does not apply to:
(1) The exceptions contained in Subparagraphs d. or f.; or
(2) Such inspections, adjustments, tests or servicing as the vendor has agreed to
make or normally undertakes to make in the usual course of business, in
connection with the distribution or sale of the products.
2. This insurance does not apply to any insured person or organization, from whom you have
acquired such products, or any ingredient, part or container, entering into, accompanying or
containing such products.
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COMMERCIAL GENERAL LIABILITYCG 86 04 05 07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MANUFACTURERS OR DISTRIBUTORS EXTENSION
AMENDMENT OF LIMITS OF INSURANCE$50,000/$100,000
This endorsement modifies insurance provided under the following:
MANUFACTURERS OR DISTRIBUTORS EXTENSION ENDORSEMENT CG 83 37
MANUFACTURERS OR DISTRIBUTORS EXTENSION ENDORSEMENT TEXAS CG 84 93
Schedule
Limited Product Recall Expense Limit $50,000
Product Recall Aggregate Limit $100,000
The limits of insurance shown in the Schedule of the Manufacturers Or Distributors Extension Endorsement
CG 83 37 or the Manufacturers Or Distributors Extension Endorsement Texas CG 84 93 are replaced by the
limits designated in the Schedule entered above. These limits are inclusive of and are not in addition to the limits
being replaced.
CG 86 04 05 07 Includes Copyrighted Material of ISO Properties, Inc., with its permission. Page 1 of 1
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COMMERCIAL GENERAL LIABILITYCG 86 05 05 07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MANUFACTURERS OR DISTRIBUTORS EXTENSION
AMENDMENT OF LIMITS OF INSURANCE$100,000/$200,000
This endorsement modifies insurance provided under the following:
MANUFACTURERS OR DISTRIBUTORS EXTENSION ENDORSEMENT CG 83 37
MANUFACTURERS OR DISTRIBUTORS EXTENSION ENDORSEMENT TEXAS CG 84 93
Schedule
Limited Product Recall Expense Limit $100,000
Product Recall Aggregate Limit $200,000
The limits of insurance shown in the Schedule of the Manufacturers Or Distributors Extension Endorsement
CG 83 37 or the Manufacturers Or Distributors Extension Endorsement Texas CG 84 93 are replaced by the
limits designated in the Schedule entered above. These limits are inclusive of and are not in addition to the limits
being replaced.
CG 86 05 05 07 Includes Copyrighted Material of ISO Properties, Inc., with its permission. Page 1 of 1
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Created by SERFF on 08/25/2008 01:19 PM
SERFF Tracking Number: HCAS-125144697 State: New Jersey
First Filing Company: American Fire and Casualty Company, ... State Tracking Number: 07-0746
Company Tracking Number: CL20070052
TOI: 17.0 Other Liability-Occ/Claims Made Sub-TOI: 17.0001 Commercial General Liability
Product Name: General Liability Form & Rule Revision
Project Name/Number: General Liability Form & Rule Revision/CL20070052
Rate/Rule Schedule
Review Status: Exhibit Name: Rule # or Page
#:
Rate Action Previous State Filing
Number:
Attachments
Description of Addl
Optional Endt -
Manufacturers or
Distributors Extension
Rule 36 5-07 Replacement Rule 36 NJ.pdf
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NEW JERSEY 5-07
COMMERCIAL LINES MANUAL
DIVISION SIX
GENERAL LIABILITY
EXCEPTION PAGES
SECTION IICOVERAGE RULES
Rule 36. Description of Additional Optional Endorsements – Manufacturers or Distributors Extension
The following is added to Rule 36 E.:
To provide Product Recall Expense and Additional Insured - Vendors coverage for amanufacturer, distributor or other similar operations attach Manufacturers or DistributorsExtension Endorsement CG 83 37.
To provide additional Product Recall Expense limits attached Manufacturers Or DistributorsExtension Amendment Of Limits Of Insurance $50,000/$100,000 Endorsement CG 86 04 orManufacturers Or Distributors Extension Amendment Of Limits Of Insurance $100,000/$200,000Endorsement CG 86 05.
Premium Determination:
For retail goods manufacturers and distributors
The premium is determined by applying the rate for the limit selected times the total policy grosssales.
Product Recall Expense Limit Retail Goods 50,000/100,000 00910
Product Recall Expense Limit Retail Goods 100,000/200,000 00911
Product Recall Expense Limit Classification Rate Internal Code50,000/100,000 00910 .46 311373
100,000/200,000 00911 .63 311381
For food products manufacturers and distributors
The premium is determined by applying the rate for the limit selected times the total policy gross
sales.
in airtight containers
Product Recall Expense Limit Food products in airtight containers 50,000/100,000 00912
Product Recall Expense Limit Food products in airtight containers 100,000/200,000 00913
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Product Recall Expense Limit Classification Rate Internal Code50,000/100,000 00912 .48 311399
100,000/200,000 00913 .66 311407
Not in airtight containers
Product Recall Expense Limit Food products not in airtight containers 50,000/100,000 00914
Product Recall Expense Limit Food products not in airtight containers 100,000/200,000 00915
Product Recall Expense Limit Classification Rate Internal Code50,000/100,000 00914 .33 311415
100,000/200,000 00915 .45 311423
Other then food or retail products manufacturers and distributors
The premium is determined by applying the rate for the limit selected times the total policy grosssales.
Product Recall Expense Limit Other than food or retail products 50,000/100,000 00916
Product Recall Expense Limit Other than food or retail products 100,000/200,000 00917
Product Recall Expense Limit Classification Rate Internal Code50,000/100,000 00916 .23 311431
100,000/200,000 00917 .32 311449
The Ohio Casualty Insurance CompanyWest American Insurance Company
American Fire and Casualty Company
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Created by SERFF on 08/25/2008 01:19 PM
SERFF Tracking Number: HCAS-125144697 State: New Jersey
First Filing Company: American Fire and Casualty Company, ... State Tracking Number: 07-0746
Company Tracking Number: CL20070052
TOI: 17.0 Other Liability-Occ/Claims Made Sub-TOI: 17.0001 Commercial General Liability
Product Name: General Liability Form & Rule Revision
Project Name/Number: General Liability Form & Rule Revision/CL20070052
Supporting Document Schedules
Review Status:
Satisfied -Name: P&C Cover Letter 04/03/2007
Comments:
Attachment:
Cover Letter.cw.pdf
Review Status:
Satisfied -Name: NAIC Uniform Property andCasualty Transmittal Document -
Read Long Desc
04/03/2007
Comments:
Attachments:
PCTD-1(2006).pdf
PCRRFS-1(2006).pdf
PCFFS-1(2006).pdf
Review Status:
Satisfied -Name: Explanatory Memorandum 04/03/2007
Comments:
Attachments:
Filing Memorandum.forms.pdf
Product recall rate development mEMORANDUM.pdf
Review Status:
Satisfied -Name: MARS002 - Final Printed Pages 04/03/2007
Comments:
Pages attached are in final print.
Attachment:
NJmars002.pdf
Review Status:
Satisfied -Name: Side by Side Comparison for Forms 04/03/2007
Comments:
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Created by SERFF on 08/25/2008 01:19 PM
SERFF Tracking Number: HCAS-125144697 State: New Jersey
First Filing Company: American Fire and Casualty Company, ... State Tracking Number: 07-0746
Company Tracking Number: CL20070052
TOI: 17.0 Other Liability-Occ/Claims Made Sub-TOI: 17.0001 Commercial General Liability
Product Name: General Liability Form & Rule Revision
Project Name/Number: General Liability Form & Rule Revision/CL20070052
Attachment:
CG 83 37 05 07 Compare.pdf
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9450 Seward Road, Fairfield, Ohio 45014 Telephone 513.867.3000 Fax 513.603-3123 www.ocas.com
April 4, 2007
RE: THE OHIO CASUALTY INSURANCE COMPANY - NAIC # 148-24074WEST AMERICAN INSURANCE COMPANY - NAIC # 148-44393
AMERICAN FIRE AND CASUALTY COMPANY - NAIC #148-24066DIVISION SIX - GENERAL LIABILITY
RULE 36. MANUFACTURERS OR DISTRIBUTORS EXTENSION
FORMS REVISION
OUR FILE NO.: CL20070052
In accordance with the filing requirements of your state, we submit a revision to our General Liability
program incorporating a revised company rule and 2 new and 1 revised company forms as outlined in the
enclosed Explanatory Memorandums.
We are submitting this filing to be applicable to all policies written on and after July 1, 2007.
To the best of our knowledge, information and belief, this filing is in compliance with the provisions of the
insurance statutes, rules and regulations of your state.
Debbie May, ACS, AIS
Product Staff Underwriter
Property and Casualty Operations1-800-843-6446 Ext. 2884
Fax # (513) 603-3121
E-mail address: [email protected]
Debbie May Digitally signed by Debbie May
DN: cn=Debbie May, c=US Date: 2007.04.02 14:56:54 -04'00'
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2. Insurance Department Use only
a. Date the filing is received:
b. Analyst:
c. Disposition:
d. Date of disposition of the filing:
e. Effective date of filing:New Business
Renewal Business
f. State Filing #:
g. SERFF Filing #:
h. Subject Codes
3. Group Name Group NAIC #
4. Company Name(s) Domicil e NAIC # FEIN #
1 . Reserved for Insurance
5. Company Tracking Number
Contact Info of Filer(s) or Corporate Officer(s) [include toll-free number]
6. Name and address Title Telephone #s FAX # e-mail
7. Signature of authorized filer
8. Please print name of authorized filer
Filing information (see General Instructions for descriptions of these fields)
9. Type of Insurance (TOI) 10. Sub-Type of Insurance (Sub-TOI)
11. State Specific Product code(s)(ifapplicable)[See State Specific Requirements ]
12. Company Program Title (Marketing title) 13. Filing Type [ ] Rate/Loss Cost [ ] Rules [ ] Rates/Rules
[ ] Forms [ ] Combination Rates/Rules/Forms[ ] Withdrawal [ ] Other :
14. Effect ive Date(s) Requested New: Renewal:
15. Reference Filing? [ ] Yes [ ] No
16. Reference Organization (if applicable)
17. Reference Organization # & Title
18. Company’s Date of Filing
19. Status of filing in domicile [ ] Not Filed [ ] Pending [ ] Authorized [ ] Disapproved
Effective January 1, 2006
Property & Casualty Transmittal Document (Revised 1/1 /06)
PC TD-1 pg 1 of 2
Dept. Use Only
Reset Fo
Ohio Casualty Group 148
The Ohio Casualty Insurance Company Ohio 148-24074 31-0396250
West American Insurance Company Indiana 148-44393 31-0624491
American Fire and Casualty Company Ohio 148-24066 59-0141790
CL 20070052
3121 [email protected]
Debbie MayDigitally signed by Debbie MayDN: cn=Debbie May, c=USDate: 2007.04.02 08:06:20 -04'00'
9450 Seward RoadFairfield, Ohio 45014
1-800-843-6446 513-603-
17.0 Other Liabilit -Occ/Claims Made
17.0001 Commercial General Liability
7-1-2007 7-1-2007
© 2006 National Association of Insurance Commissioners
4-4-07
sm
Debbie May
Debbie May
Prod Staff UndExt. 2884
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20. This filing transmittal is part of Company Tracking #
21. Filing Description [This area can be used in lieu of a cover letter or filing memorandum and is free-form text]
22.Filing Fees (Filer must provide check # and fee amount if applicable)[If a state requires you to show how you calculated your filing fees, place that calculation below]
Check #: Amount:
Refer to each state’s checklist for additional state specific requirements or instruct ions oncalculating fees.
***Refer to the each state’s checklist fo r additional state specific requirements (i.e. # of additional copiesrequired, other state specific forms, etc.)
PC TD-1 pg 2 of 2
Effective January 1, 2006
Property & Casualty Transmittal Document---
CL20070052
2006 National Association of Insurance Commissioners
View Complete Filing Description
In accordance with the filing requirements of your state, we submit a revision to our General
Liability program incorporating a revised company rule and 2 new and 1 revised company
forms as outlined in the enclosed Explanatory Memorandums.
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RATE/RULE FILING SCHEDULE
(This form must be provided ONLY when making a filing that includes rate-related items such as Rate; Rule; Rate &Rule; Reference; Loss Cost; Loss Cost & Rule or Rate, etc.)
(Do not refer to the body of the filing for the component/exhibit li sting, unless allowed by state.) 1. This filing transmittal is part of Company Tracking #
2.This filing corresponds to form filing number(Company tracking number of form filing, if applicable)
Rate Increase Rate Decrease Rate Neutral (0%)
3. Filing Method (Prior Approval, File & Use, Flex Band, etc.)4a. Rate Change by Company (As Proposed)
CompanyName
Overall %Rate
Impact
Writtenpremium
change forthis
program
# ofpolicyholders
affectedfor this
program
Writtenpremiumfor this
program
Maximum% Change
(whererequired)
Minimum% Change
(whererequired)
4b. Rate Change by Company (As Accepted) For State Use Only
CompanyName
Overall %Rate
Impact
Writtenpremium
change forthis
program
# ofpolicyholders
affectedfor this
program
Writtenpremiumfor this
program
Maximum% Change
Minimum% Change
Overall Rate Information (Complete for Multiple Company Filings only)
COMPANY USE STATE USE
5a. Overall percentage rate impact for this filing
5b. Effect of Rate Filing – Writ ten premium change forthis program
5c. Effect of Rate Filing – Number of policyholders
affected6. Overall percentage of last rate revision
7. Effective Date of last rate revision
8.Filing Method of Last fi ling(Prior Approval, File & Use, Flex Band, etc.)
9.
Rule # or Page # Submi ttedfor Review
Replacementor Withdrawn?
Previous statefiling number,if required by state
01[ ] New[ ] Replacement[ ] Withdrawn
02[ ] New
[ ] Withdrawn[ ] Replacement
[ ] New
[ ] Withdrawn[ ] Replacement
[ ] New
[ ] Withdrawn[ ] Replacement
[ ] New
[ ] Withdrawn
[ ] Replacement
03
04
05
Effective Januar y 1, 2006
CL20070052
See Page 5 for Additional Rate Changes
The Ohio Cas. Ins. Co. NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
Rule 36. Desc. of Addl Optional Endt -Manufacturers or Dist Ext 5-07
2006 National Association of Insurance Commissioners
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Company Name Overall %
Rate Impact
Written premium
change for this
program
4a.# of policyholders affected
for this program
Written
premium for
this program
Maximum %
Change (where
required)
© 2006 National Association of Insurance Commissioners
Minimum %
Change
(where
NA
Continue Completing the Form at Item #4b
American Fire and Cas. Co.
PC RRFS-1
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FORM FILING SCHEDULE(This form must be provided ONLY when making a filing that includes forms)(Do not refer to the body of the filing for the forms l isting, unless allowed by state.)
1. This filing transmittal is part of Company Tracking #
2. This filing corresponds to rate/rule filing number(Company tracking number of rate/rule filing, if applicable)
3.Form Name/Description/Synopsis
Form #Include edition date
ReplacementOrwithdrawn?
If replacement,give form #it replaces
Previous statefiling number,if required by state
01
[ ] New[ ] Replacement[ ] Withdrawn
02
[ ] New[ ] Replacement[ ] Withdrawn
03
[ ] New[ ] Replacement[ ] Withdrawn
04
[ ] New[ ] Replacement[ ] Withdrawn
05
[ ] New[ ] Replacement[ ] Withdrawn
06
[ ] New[ ] Replacement
[ ] Withdrawn
07
[ ] New[ ] Replacement[ ] Withdrawn
08
[ ] New[ ] Replacement[ ] Withdrawn
09
[ ] New[ ] Replacement[ ] Withdrawn
10
[ ] New[ ] Replacement[ ] Withdrawn
PC FFS-1
Effective January 1, 2006
CL20070052
Manufacturers Or Distributor
Extension
CG 83 37 05 07
2006 National Association of Insurance Commissioners
CG 83 37 05 04
Manufacturers Or Distributors
Ext Amendment of Limits Of
Insurance $50,000/100,000
CG 85 04 05 07
Manufacturers Or Distributors
Ext Amendment of Limits Of
Insurance $100,000/200,000
CG 85 05 05 07
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Filing Memorandum
We have revised CG 83 37 to expand our limits for Product Recall Expenses by now
including a Product Recall Aggregate Limit in order to handle multiple Product RecallExpenses during the policy term. Our previous edition of this form limited the coverageto only $25,000 Product Recall Expenses for all product withdrawals initiated or thenumber of your products withdrawn during the policy term.
We have also added to the Limits of Insurance section to correspond with the ISOProduct Withdrawal Coverage Form.
CG 85 04 05 07 and CG 85 05 05 07 were created to provide increase limits for ProductRecall Expenses.
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1
We developed an independent product withdrawal expense reimbursement form, but provided a $25,000 per product recall limit only. Our form is a very simplistic form that provides Product Recall Expense Reimbursement. Unlike other forms we have seen inthe market, our form is an endorsement that is attached to a Commercial General
Liability Coverage Part. This was designed intentionally so as to avoid charging aseparate policy writing minimum premium (our competitive information indicates thatcompanies charge $500., $1,000. or higher Min. Premium).
We target small to medium size risks and our underwriting eliminates high hazard risksfrom acceptability.
Larger risks and risks with higher hazard products require higher limits of coverage thatwe do not offer. They therefore place their coverage in another market that actively pursues this type of coverage. By not offering high limits, those risks with severeexposures have found coverage in other specialty markets.
However, in order to address policy holder requests for higher limits, we are going toincrease our offering with options up to $100,000 per recall limit. This increase will notattract those larger insured’s that need high limits, but is being done to allow some slightincreases primarily due to inflationary factors to our smaller insureds.
We believe there is a correlation between products general liability losses and totalexposure to products recall reimbursement expenses, and unlike most forms in themarket, our endorsement does not:
1) Require a “cut-off date”,2) exclude “shelf life” limitation,3) exclude third party damages, fines and penalties, and4)
exclude pollution,5) require a deductible, and6) require insured percentage participation.
Because our proprietary form is an endorsement, we feel our coverage is broader thatmost or all forms we have seen in the market.
We are filing rates and rating logic for per product recall/ product recall aggregate limitsof $50,000/$100,000.and for $100/000/$200,000. Our rating logic is more simplistic thanothers we have seen, but that is partly because we do not write large complex productsexposures. Also, because this will be an endorsement rather than a separate policy, itwill be further modified by any schedule, IRPM, or experience factors applicable to theGeneral Liability Policy.
Our rate selection was determined as follows:1)
We identified four general groupings of products that in our underwriting judgment will have different level or potential for products recall.
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2
2) Selected a sampling of classifications reflective of risks we have in our book,
3) Developed an average products loss cost for each of the four generalgroupings by applying the ISO basic limits subline 336 general liabilityloss costs to the classifications selected.
4)
Applied a market average LCM of 1.60 to average rate by grouping,5) Based on the rate selected we applied judgmental rate increases for the twosets of limits desired.
i. Because products recall is a voluntary first party reimbursement,and
ii. Because we are expanding coverage well beyond negligence toalso include all reasonable reasons for recall, even external producttampering, and
iii. Because products recall does not require that injury has alreadyoccurred, but provides a payment made without the traditional“injury or damage, and
iv.
Because in our underwriting opinion there is not believed to be arelationship between GL increased limit factors and first partyreimbursement without injury being required, and
We did consult with several of our agents and marketing representatives. There are fewcompanies writing this coverage. We identified one carrier in our market and found theydid offer with similar rates but applied a special minimum premium of $500. Ourcoverage and structure is intended to be attractive to the smaller regional manufactureswith under $2,000,000 in gross sales. Underwriting eligibility will follow our GLunderwriting appetite. Application of our experience and judgment rating programs willgenerally cause a downward movement to these rates and we anticipate the simplicity ofthe form and rate structure to give us a sight expense savings.We will assign internal coding for these limits and monitor the results for possibleadjustment in the future.
50/100 limits rate selection
Group I Group I I Group I I I Group IV
Description of assumption Food
Products
in Ai rtight
containers
Food
Products not
in airtight
containers
Retail Goods Other- N
retail
distribut
We believe there is a correlation between product general liability products losscosts / rates between damage or injury GLlosses and the need to conduct a productsrecall, we randomly selected a number ofaverage classes in each group and basedon those class, developed an average products rate.
1.027 .714 .992 .992*
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3
Applied market typical average1.60LCM
1.643 1.142 1.587 1.587
Adjusted with ISO table B (average)decreased limit factor ( .73)
1.199 .834 1.159 1.159
Applied average adjustment factor of .20 .240 .167 .232 .232Retail factor ( applied 2.00 to Groups Ithru III**
.480 .334 .464 N/A
Selected rate .48 .33 .46 .23
* rate for group IV was selected same as Group III, but will not get retail charge below** We obtained the retail factor used by reviewing another carriers independent filing.The other carrier is also a regional carrier who is similar to us as regards marketing andappetite.
Sample pricing RISKS WITH $1,000,000 TOTAL SALES:
Group I $480
Group II $330
Group III $460
Group IV $230.
Conclusion Notes-
• Rates appear to be reasonable.
• Without minimum premium we will be less expensive than other carriers we haveseen
•
Rates and premiums may vary based on judgment and/or experience creditsapplied to the CGL (we have not seen any other carrier apply these credits to thiscoverage).
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4-3-07 7-1-07
17.0
The Ohio Casualty Insurance Company
Rule 36. 5-07 CG 8337 05 07 CG 8337 05 04
CG 8504 05 07
CG 8505 05 07
American Fire and Casualty Company
Rule 36. 9-97
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COMMERCIAL GENERAL LIABILITYCG 83 37 05 07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MANUFACTURERS OR DISTRIBUTORS EXTENSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Schedule
Limited Product Recall Expense Limit $25,000
Product Recall Aggregate Limit $50,000
I. Limited Product Recall Expense
A. The following is added to Section I - Coverages:
1. Insuring Agreement
a. We will reimburse you for "product withdrawal expenses" incurred because of a "productwithdrawal" to which this insurance applies.
The amount of such reimbursement is limited as described in Section III - Limits Of
Insurance. No other obligation or liability to pay sums or perform acts or services is
covered.
b. This insurance applies to a "product withdrawal" only if the "product withdrawal" is
initiated in the "coverage territory" during the policy period because:
(1) You determine that the "product withdrawal" is necessary; or
(2) An authorized government entity has ordered you to conduct a "product
withdrawal".
c. We will reimburse only those "product withdrawal expenses":
Which are incurred and reported to us within one year of the date the "productwithdrawal" was initiated.
d. The initiation of a "product withdrawal" will be deemed to have been made only at the
earliest of the following times:
(1) When you have announced, in any manner, to the general public, your vendors
or to your employees (other than those employees directly involved in making the
determination) your decision to conduct a "product withdrawal". This applies
regardless of whether the determination to conduct a "product withdrawal" is
made by you or is requested by a third party;
CG 83 37 05 07 Includes Copyrighted Material of ISO Properties, Inc., with its permission. Page 1 of 5
Deleted: 04
Deleted: 04
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(2) When you received, either orally or in writing, notification of an order from an
authorized government entity to conduct a "product withdrawal"; or
(3) When a third party has initiated a "product withdrawal" and you communicate
agreement with the "product withdrawal", or you announce to the general public,
your vendors or to your employees (other than those employees directly involved
in making the determination) your decision to participate in the "product
withdrawal", whichever comes first.
e. "Product withdrawal expenses" incurred to withdraw "your products" which contain:
(1) The same "defect" will be deemed to have arisen out of the same "product
withdrawal"; or
(2) A different "defect" will be deemed to have arisen out of a separate "product
withdrawal" if
newly determined or ordered in accordance with Paragraph 1.b. of this endorsement.
2. Exclusions
This insurance does not apply to "product withdrawal expenses" arising out of:
a. Any "product withdrawal" initiated due to:
(1) The failure of "your products" to accomplish their intended purpose, including any
breach of warranty of fitness, whether written or implied. This exclusion does not
apply if such failure has caused or is reasonably expected to cause "bodily
injury" or physical damage to tangible property.
(2) Copyright, patent, trade secret or trademark infringements;
(3) Transformation of a chemical nature, deterioration or decomposition of "your
product", except if it is caused by:
(a) An error in manufacturing, design, processing or transportation of "your
product"; or
(b) "Product tampering".
(4) Expiration of the designated shelf life of "your product".
b. A "product withdrawal", initiated because of a "defect in "your product" known to exist bythe Named Insured or the Named Insured's "executive officers", prior to the inception
date of this Coverage Part or prior to the time "your product" leaves your control or
possession.
c. Recall of any specific products for which "bodily injury" or "property damage" is excluded
under Coverage A - Bodily Injury And Property Damage Liability by endorsement.
d. Recall of "your products" which have been banned from the market by an authorized
government entity prior to the policy period.
e. The defense of a claim or "suit" against you for "product withdrawal expenses".
B. For the purposes of this endorsement, Section III - Limits Of Insurance is replaced by the following:
Formatted: Font: 10 pt
Formatted: Body Text, Inden 1", First line: 0", Line spacingsingle
Deleted: ¶CG 83 37 07 04
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CG 83 37 05 07 Includes Copyrighted Material of ISO Properties, Inc., with its permission. Page 3 of 5SECTION III – LIMITS OF INSURANCE
1. The Product Recall Aggregate Limit of Insurance shown in the Schedule and the rules below fix
the most we will reimburse regardless of the number of:
a. Insureds;
b. "Product withdrawals" initiated;
c. Number of "your products" withdrawn;
d. Claims made or “suits brought; ore. Persons or organizations making claims or bringing "suits".
2. The Product Recall Aggregate Limit is the most we will reimburse you for the sum of all "product
withdrawal expenses" incurred for all "product withdrawals" initiated during the policy period.
The Limits of Insurance of Product Withdrawal Expense Coverage apply separately to each consecutive
annual period and to any remaining period of less than 12 months, starting with the beginning of the
policy period shown in the Declarations, unless the policy period is extended after issuance for an
additional period of less than 12 months. In that case, the additional period will be deemed part of the
last preceding period for purposes of determining the Limits of Insurance.
C. For the purposes of this endorsement, the Duties In The Event Of Occurrence, Claim Or SuitCondition under Section IV - Conditions is replaced by the following:
2. Duties In The Event Of A "Defect" Or A "Product Withdrawal"
a. You must see to it that we are notified as soon as practicable of any actual, suspected or
threatened "defect" in "your products", or any governmental investigation, that may result
in a "product withdrawal". To the extent possible, notice should include:
(1) How, when and where the "defect" was discovered;
(2) The names and addresses of any injured persons and witnesses; and
(3) The nature, location and circumstances of any injury or damage arising out of
use or consumption of "your product".
b. If a "product withdrawal" is initiated, you must:
(1) Immediately record the specifics of the "product "withdrawal" and the date it was
initiated; and
(2) Notify us as soon as practicable.
You must see to it that we receive written notice of the "product withdrawal" as soon as
practicable.
c. You and any other involved insured must:
(1) Immediately send us copies of pertinent correspondence received in connection
with the "product withdrawal";
(2) Authorize us to obtain records and other information; and
(3) Cooperate with us in our investigation of the "product withdrawal".
Formatted: Body Text IndentIndent: Left: 0", First line: 0"
Deleted: Limits
Deleted: pay
Deleted: or
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CG 83 37 05 07 Includes Copyrighted Material of ISO Properties, Inc., with its permission. Page 3 of 5D. The following definitions are added to the Definitions Section:
1. "Defect" means a defect, deficiency or inadequacy that creates a dangerous condition.
2. "Product tampering" is an act of intentional alteration of "your product" which may cause or has
caused "bodily injury" or physical injury to tangible property.
When "product tampering" is known, suspected or threatened, a "product withdrawal" will not be
limited to those batches of "your product" which are known or suspected to have been tamperedwith.
3. "Product withdrawal" means the recall or withdrawal of "your products", or products which contain
"your products", from the market or from use, by any other person or organization, because of a
known or suspected "defect" in "your product", or a known or suspected "product tampering",
which has caused or is reasonably expected to cause "bodily injury" or physical injury to tangible
property.
4. "Product withdrawal expenses" means those reasonable and necessary extra expenses, listed
below paid and directly related to a "product withdrawal":
a. Costs of notification;
b. Costs of stationery, envelopes, production of announcements and postage or facsimiles;
c. Costs of overtime paid to your regular non-salaried employees and costs incurred by
your employees, including costs of transportation and accommodations;
d. Costs of computer time;e. Costs of hiring independent contractors and other temporary employees;
f. Costs of transportation, shipping or packaging;
g. Costs of warehouse or storage space; or
h. Costs or proper disposal of "your products", or products that contain "your products", that
can not be reused, not exceeding your purchase price or your cost to produce the
products;
but "product withdrawal expenses" does not include costs of the replacement, repair or redesign
of "your product", or the costs of regaining your market share, goodwill, revenue or profit.
II. Additional Insured – Vendors (Blanket Coverage)
A. Section II - Who Is An Insured is amended to include as an additional insured any person(s) or
organization(s) whom you have agreed to add as an additional insured, but only with respect to "bodilyinjury" or "property damage" arising out of "your products" which are distributed or sold in the regular
course of the vendor's business, subject to the following additional exclusions:
1. The insurance afforded the vendor does not apply to:
a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by
reason of the assumption of liability in a contract or agreement. This exclusion does not
apply to liability for damages that the vendor would have in the absence of the contract or
agreement;
Deleted: 04
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CG 83 37 05 07 Includes Copyrighted Material of ISO Properties, Inc., with its permission. Page 4 of 5b. Any express warranty unauthorized by you;
c. Any physical or chemical change in the product made intentionally by the vendor;
d. Repackaging, except when unpacked solely for the purpose of inspection,
demonstration, testing or the substitution of parts under instructions from the
manufacturer, and then repackaged in the original container;
e. Any failure to make such inspections, adjustments, tests or servicing as the vendor hasagreed to make or normally undertakes to make in the usual course of business, in
connection with the distribution or sale of the products;
f. Demonstration, installation, servicing or repair operations, except such operations
performed at the vendor's premises in connection with the sale of the product;
g. Products which, after distribution or sale by you, have been labeled or relabeled or used
as a container, part or ingredient of any other thing or substance by or for the vendor; or
h. “Bodily injury” or “property damage” arising out of the sole negligence of the vendor for its
own acts or omissions or those of its employees or anyone else acting on its behalf.
However, this exclusion does not apply to:
(1) The exceptions contained in Subparagraphs d. or f.; or
(2) Such inspections, adjustments, tests or servicing as the vendor has agreed tomake or normally undertakes to make in the usual course of business, in
connection with the distribution or sale of the products.
2. This insurance does not apply to any insured person or organization, from whom you have
acquired such products, or any ingredient, part or container, entering into, accompanying or
containing such products.
CG 83 37 05 07 Includes Copyrighted Material of ISO Properties, Inc., with its permission. Page 5 of 5
Deleted: 04
Deleted: 04
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Page 2: [1] Deleted Author
CG 83 37 07 04 Includes Copyrighted Material of ISO Properties, Inc., with its permission. Page 2 of 5
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Created by SERFF on 08/25/2008 01:19 PM
SERFF Tracking Number: HCAS-125144697 State: New Jersey
First Filing Company: American Fire and Casualty Company, ... State Tracking Number: 07-0746
Company Tracking Number: CL20070052
TOI: 17.0 Other Liability-Occ/Claims Made Sub-TOI: 17.0001 Commercial General Liability
Product Name: General Liability Form & Rule Revision
Project Name/Number: General Liability Form & Rule Revision/CL20070052
Superseded Attachments
Please note that all items on the following pages are items, which have been replaced by a newer version. The newest
version is located with the appropriate schedule on previous pages. These items are in date order with most recent first.
Original Date: Schedule Document Name Replaced Date Attach
Document
No original date Form Manufacturers or Distributors
Extension Amendment of Limits of
Ins $50,000/100,000
04/03/2007 CG 85 04 05
07.pdf
No original date Form Manufacturers or Distributors
Extension Amendment of Limits of
Ins $100,000/200,000
04/03/2007 CG 85 05 05
07.pdf
No original date Rate and Rule Description of Addl Optional Endt -
Manufacturers or Distributors
Extension
04/03/2007 Rule 36 NJ.pdf
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NEW JERSEY 5-07
COMMERCIAL LINES MANUAL
DIVISION SIX
GENERAL LIABILITY
EXCEPTION PAGES
SECTION IICOVERAGE RULES
Rule 36. Description of Additional Optional Endorsements – Manufacturers or Distributors Extension
The following is added to Rule 36 E.:
To provide Product Recall Expense and Additional Insured - Vendors coverage for amanufacturer, distributor or other similar operations attach Manufacturers or DistributorsExtension Endorsement CG 83 37.
To provide additional Product Recall Expense limits attached Manufacturers Or DistributorsExtension Amendment Of Limits Of Insurance $50,000/$100,000 Endorsement CG 85 04 orManufacturers Or Distributors Extension Amendment Of Limits Of Insurance $100,000/$200,000Endorsement CG 85 05
Premium Determination:
For retail goods manufacturers and distributors
The premium is determined by applying the rate for the limit selected times the total policy grosssales.
Product Recall Expense Limit Retail Goods 50,000/100,000 00910
Product Recall Expense Limit Retail Goods 100,000/200,000 00911
Product Recall Expense Limit Classification Rate Internal Code50,000/100,000 00910 .46 311373
100,000/200,000 00911 .63 311381
For food products manufacturers and distributors
The premium is determined by applying the rate for the limit selected times the total policy gross
sales.
in airtight containers
Product Recall Expense Limit Food products in airtight containers 50,000/100,000 00912
Product Recall Expense Limit Food products in airtight containers 100,000/200,000 00913
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Product Recall Expense Limit Classification Rate Internal Code50,000/100,000 00912 .48 311399
100,000/200,000 00913 .66 311407
Not in airtight containers
Product Recall Expense Limit Food products not in airtight containers 50,000/100,000 00914
Product Recall Expense Limit Food products not in airtight containers 100,000/200,000 00915
Product Recall Expense Limit Classification Rate Internal Code50,000/100,000 00914 .33 311415
100,000/200,000 00915 .45 311423
Other then food or retail products manufacturers and distributors
The premium is determined by applying the rate for the limit selected times the total policy grosssales.
Product Recall Expense Limit Other than food or retail products 50,000/100,000 00916
Product Recall Expense Limit Other than food or retail products 100,000/200,000 00917
Product Recall Expense Limit Classification Rate Internal Code50,000/100,000 00916 .23 311431
100,000/200,000 00917 .32 311449
The Ohio Casualty Insurance CompanyWest American Insurance Company
American Fire and Casualty Company
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COMMERCIAL GENERAL LIABILITYCG 85 04 05 07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MANUFACTURERS OR DISTRIBUTORS EXTENSION
AMENDMENT OF LIMITS OF INSURANCE$50,000/$100,000
This endorsement modifies insurance provided under the following:
MANUFACTURERS OR DISTRIBUTORS EXTENSION ENDORSEMENT CG 83 37
MANUFACTURERS OR DISTRIBUTORS EXTENSION ENDORSEMENT TEXAS CG 84 93
Schedule
Limited Product Recall Expense Limit $50,000
Product Recall Aggregate Limit $100,000
The limits of insurance shown in the Schedule of the Manufacturers Or Distributors Extension Endorsement
CG 83 37 or the Manufacturers Or Distributors Extension Endorsement Texas CG 84 93 are replaced by the
limits designated in the Schedule entered above. These limits are inclusive of and are not in addition to the limits
being replaced.
CG 85 04 05 07 Includes Copyrighted Material of ISO Properties, Inc., with its permission. Page 1 of 1
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COMMERCIAL GENERAL LIABILITYCG 85 05 05 07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MANUFACTURERS OR DISTRIBUTORS EXTENSION
AMENDMENT OF LIMITS OF INSURANCE$100,000/$200,000
This endorsement modifies insurance provided under the following:
MANUFACTURERS OR DISTRIBUTORS EXTENSION ENDORSEMENT CG 83 37
MANUFACTURERS OR DISTRIBUTORS EXTENSION ENDORSEMENT TEXAS CG 84 93
Schedule
Limited Product Recall Expense Limit $100,000
Product Recall Aggregate Limit $200,000
The limits of insurance shown in the Schedule of the Manufacturers Or Distributors Extension Endorsement
CG 83 37 or the Manufacturers Or Distributors Extension Endorsement Texas CG 84 93 are replaced by the
limits designated in the Schedule entered above. These limits are inclusive of and are not in addition to the limits
being replaced.