PERSONAL UMBRELLA POLICY - Aviva

1 PERSONAL UMBRELLA POLICY Your PERSONAL UMBRELLA POLICY is written in plain language so that "you" may fully understand the protection "you" have purchased. The POLICY consists of this booklet, the Declarations Page which contains information that is unique to "your" insurance program and other forms that may need to be attached to complete "your" PERSONAL UMBRELLA coverage. Together these comprise the legal contract of indemnity that exists between "you" and <..>. PERSONAL Injury or Property Damage Coverage "We" agree, subject to all the conditions, exclusions, definitions and other terms of this POLICY , to pay on "your" behalf the "Ultimate Net Loss" in excess of the applicable underlying policies or the "Self-Insured Retention" shown on the Declarations Page which "you" shall become legally obligated to pay as compensatory damages because of " PERSONAL injury" or "property damage" caused by an "occurrence".

2 The "occurrence" may take place anywhere. Automobile Coverage a. The provision of automobile insurance under this POLICY is confined solely to that provided by, and shall be subject to all the terms and conditions of the Excess Automobile POLICY . This insurance does not provide coverage for any liability arising out of the ownership, use or operation of an "automobile" except to the extent that coverage is provided by the Standard Excess Automobile POLICY ( No. 7/ No. 7) if attached hereto. b. The Family Protection Coverage is in effect only if a primary Family Protection Endorsement / Underinsured Motorist Protection - limit is listed in the Schedule of Underlying Liability Insurance. "We" agree to pay all sums which "you" or "your" legal representative shall be legally entitled to recover as damages from the owner or operator of an uninsured or underinsured Automobile, provided coverage hereunder for loss involving such uninsured or underinsured Automobile shall apply in accordance with the terms and conditions of the primary Family Protection/ Underinsured Motorist Protection Insurance provided by the endorsement to the underlying POLICY listed in the Schedule of Underlying Liability Insurance.

3 Defence, Settlement and Supplementary Payments With reference to any "occurrence" not covered by the underlying POLICY or policies of insurance described on the Declarations Page or any other underlying insurance collectible by "you", but covered by the conditions, definitions, exclusions and other terms of this POLICY , "we" will, in addition to the amount of the "Ultimate Net Loss" payable: a. defend any suit against "you" seeking damages on account of " PERSONAL injury" or "property damage" even if such a suit is groundless, false or fraudulent, and may make such investigation, negotiation and settlement of any claim or suit as "we" deem expedient; "we" also have a duty to defend any "occurrence" if the applicable limit of underlying insurance is exhausted; b. pay premiums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of liability on this POLICY , pay premiums on appeal bonds required in any such defended suit but without any obligations to apply for or furnish any such bonds; c.

4 Pay all expenses incurred by "us", all costs taxed against "you" in any such suit defended by "us" and all interest on the entire amount of any judgement therein which accrues after entry of judgement and before "we" have paid or tendered or deposited in court that part of the judgement which does not exceed the limit of our liability therein; d. pay all reasonable expenses incurred by "you" at our request to assist "us" in the investigation or defence of a claim or "action" including actual loss of earnings for up to $ a day because of time off from work. In jurisdictions where "we" may be prevented by law or otherwise from carrying out this agreement, "we" shall pay any expense incurred with our written consent in accordance with this agreement. "You" shall promptly reimburse "us" for any amount of "Ultimate Net Loss" paid on "your" behalf within the "Self-Insured Retention" specified under the Limit of Liability section of this POLICY .

5 Limit of Liability "We" shall only be liable for the "Ultimate Net Loss" being in excess of: a. the limits of the underlying liability insurance as set out in the Declarations Page and the amount recoverable under any other underlying liability insurance valid and collectible by "you" in respect of each "occurrence" covered by said underlying liability insurance; or b. the Aggregate Limit is the most "we" will pay for the sum of all compensatory damages: i. arising out of the "Products - Completed Operations Hazard", or ii. arising out of any coverage contained in an underlying insurance listed in the Declarations if such coverage is subject in such underlying insurance to an aggregate limit of liability for all insured damages, the aggregate limit under this POLICY applying separately to each such underlying insurance coverage. In the event of reduction or exhaustion of the aggregate limits of liability under said underlying insurance by reason of losses paid thereunder, this POLICY is subject to all the terms, conditions and definitions hereof shall: i.

6 In the event of reduction pay the excess of the reduced underlying limit, ii. in the event of exhaustion continue in force as underlying insurance. The Aggregate Limit applies 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 on the "Declaration Page" 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 Limit of Insurance. c. the "Self-Insured Retention" as set out in the Declarations Page in respect to each "occurrence" not be covered by any underlying POLICY ; or d. the "Self-Insured Retention" of $250,000 if the loss arises from the operation, use or ownership of any PERSONAL use private passenger automobile outside Canada and the United States of America.

7 Regardless of the number of persons insured by this POLICY , or by the number of persons who bring claims or commence "actions" against "you" the limit of liability shall not exceed the amount stated in Declarations Page arising out of any one "occurrence". Automatic Coverage for Additional Exposures If "you" acquire any additional residence premises, rental properties, automobiles, "recreational vehicles", or watercraft during the term of this POLICY , "we" will extend the coverage to include these additional exposures, as of the date of acquisition on the condition that underlying insurance with minimum limits of liability of $1,000,000 is in force. If "you" do not advise "us" of any additional exposures prior to the next POLICY expiry date, this automatic coverage will cease on that date even if the POLICY is renewed. Exclusions This POLICY shall not apply to claims made against "you" for " PERSONAL injury" or "property damage" arising from: a.

8 Any claims made against "you" by any person insured by this POLICY ; b. the violation of any law or ordinance by "you" or with "your" knowledge or by any other person insured by this POLICY ; c. discrimination due to age, marital status, race, colour, sex, creed, national origin, or any other discrimination; d. any "business" pursuits or "business property" (other than farms); e. the ownership, maintenance, operation, use, loading or unloading of any "recreational vehicle" or watercraft unless covered by the underlying insurance listed on the Declarations Page or insured elsewhere under the Automatic Coverage for Additional Exposure option and then not for broader coverage than provided by the underlying insurance; f. any "property damage" to: i. property "you" own, ii. property "you" agree to insure, iii. property "you" rent, lease, use, occupy or have in "your" care, custody or control, or upon which any action is performed for "you": g.

9 I. any "property damage" to aircraft rented to or used by "you" or in "your" care, custody or control, ii. any damages arising out of the ownership, maintenance, operation or use of any aircraft, airport, or landing strip, or to the loading or unloading of any aircraft; h. any act expected or intended from "your" standpoint. This exclusion does not apply to " PERSONAL injury" resulting from the use of reasonable force to protect persons or property; i. the rendering of or failure to render any professional services by "you" or by any person for whose acts or commissions "you" are legally responsible; j. any liability imposed upon or assumed by "you" under any Worker's Compensation Statute, unemployment compensation, disability benefits law or similar laws; k. any act or omission by any person insured by this POLICY as an officer or member of the Board of Directors of any corporation or other organization.

10 This exclusion shall not apply to members of any non-profit organizations or corporations (excepting Condominium corporations or associations); l. any fines, penalties, punitive or exemplary damages; m. "occurrences" for which coverage by an underlying POLICY (whether scheduled or not) has been denied due to a violation of conditions in such a POLICY ; n. any actual, threatened or proposed act of sexual harassment, sexual misconduct, sexual molestation, physical abuse, or mental abuse by any person. This exclusion also applies to any failure to take all reasonable and proper steps to guard against the possibility of any of the foregoing; o. any transmission of communicable disease. This exclusion also applies to any failure to take all reasonable and proper steps to guard against the possibility of the foregoing; p. 1. Liability imposed by or arising under the Nuclear Liability Act; 2.