(August 2018)
This article provides a list and descriptions of the many ISO Countrywide Terrorism endorsements. Due to the many state exceptions it is important to reference the ISO Terrorism Risk Insurance Program Reauthorization Act of 2015 to determine the exact forms that apply in a particular state.
The one phrase used consistently throughout all these endorsements is “certified act of terrorism.” The definition refers to TRIA requiring the Secretary of Treasury to use that Act’s criteria to certify an incident. The definition then explains that, to be certified, losses must exceed $5 million, be violent or dangerous to infrastructure or to individuals and must be intended to coerce the government or the population of the U.S. to take certain actions.
|
Example: The Example: During
the 1960s anti-war protests were common but a radical group called the
Weathermen took the protests to a new level when they began bombing university
buildings. The bombings happened after the buildings were emptied so injuries
were limited but damage was extensive. |
Related Article: The Terrorism Risk Insurance Act (TRIA)
The AG forms apply to the Agricultural Capital Assets (Output Policy).
A. The following endorsements apply to policies issued while TRIA is in effect.
This form is to be attached to policies when terrorism coverage is provided. It does not provide the coverage, because that is part of the policy; instead, it notifies the policyholder that losses caused by a certified act of terrorism are subject to TRIA and that the aggregate losses from that action will be capped at $100 billion. The insurance company is not responsible beyond its insurer deductible for any loss once the $100 billion cap is released. It does state that the Department of Treasury will be responsible for distributing settlements on a pro rata basis.
This exclusion is attached to a policy where the insured has declined an opportunity to purchase the federal government terrorism coverage. The declination could take place by either signing a form stating they do not want the coverage or by refusing to pay the premium associated with the coverage. Terrorism, which is not considered a certified act of terrorism, remains covered. This endorsement has a schedule where the states that have the fire exception can be listed.
B. The following endorsements apply to policies that are issued for a policy term in which TRIA may expire. These endorsements are attached to a policy providing terrorism coverage because of TRIA. They have no impact on coverage unless TRIA expires. If the act expires, this endorsement becomes active.
Because the act is due to expire in 2020 and its renewal may
be either denied or delayed, it is important to understand how these
endorsements will respond.
Loss or damage resulting from terrorism
is excluded. While the exclusion is not limited to only certified acts of
terrorism it does require that excluded acts be due to nuclear, biological,
chemical agents or be ones that cause an aggregate property loss in excess of
$25,000,000.
If the Terrorism Risk Insurance Program is terminated the exclusionary portion of this exclusion will apply and supersede any other terrorism endorsement on the policy. If the program is renewed this exclusion does not apply.
Loss or damage resulting from terrorism is excluded. While the exclusion is not limited to only certified acts of terrorism it does require that excluded acts be due to nuclear, biological, chemical agents.
If the Terrorism Risk Insurance Program is terminated the exclusionary portion of this exclusion will apply and supersede any other terrorism endorsement on the policy. If the program is renewed this sub-limit does not apply.
The total amount paid under this policy for damage resulting from a terrorist act as defined in the endorsement is limited to the sublimit entered in the schedule that is a part of this endorsement. This limitation applies only when a terrorism act causes an aggregate property loss in excess of $25,000,000.
C. The following endorsements are to be used only after TRIA has expired. Because the act is due to expire in 2020 and its renewal may be either denied or delayed, it is important to understand how these endorsements will respond.
·
AG 09 09–Exclusion
of Terrorism*
Loss or damage resulting from terrorism is excluded. While the exclusion is not limited to only certified acts of terrorism it does require that excluded acts be due to nuclear, biological, chemical agents or be ones that cause an aggregate property loss in excess of $25,000,000.
Loss or damage resulting from terrorism is excluded. While the exclusion is not limited to only certified acts of terrorism it does require that excluded acts be due to nuclear, biological, chemical agents.
The total amount paid under this policy for damage resulting from a terrorist act as defined in the endorsement is limited to the sublimit entered in the schedule that is a part of this endorsement. This limitation applies only when a terrorism act causes an aggregate property loss in excess of $25,000,000.
*Standard Fire
Exception
In certain states, ensuing fire must be covered even if terrorism coverage is rejected. In these states special exclusions have been developed to include ensuing fire for direct damage to building and personal property only. The states are AZ, CA, CT, GA, HI, ID, IL, IA, MA, MN, NE, NJ, NY, NC, ND, OK, PA, VA, WA, and WV.
In LA, ME, MI, MO, NH, OR, RI, and WI, Inland Marine coverages must also insure ensuing fire damage.
A. The following endorsements
apply to policies issued while TRIA is in effect.
This form is to be attached to policies when terrorism coverage is provided. It does not provide the coverage, because that is part of the policy; instead, it notifies the policyholder that losses caused by a certified act of terrorism are subject to TRIA and that the aggregate losses from that action will be capped at $100 billion. The insurance company is not responsible beyond its insurer deductible for any loss once the $100 billion cap is released. It does state that the Department of Treasury will be responsible for distributing settlements on a pro rata basis.
This exclusion is attached to a policy where the insured has declined an opportunity to purchase the federal government terrorism coverage. The declination could take place by either signing a form stating they do not want the coverage or by refusing to pay the premium associated with the coverage. Terrorism, which is not considered a certified act of terrorism, remains covered. This endorsement has a schedule where the states that have the fire exception can be listed.
Instead of the complete rejection of coverage for certified acts of terrorism, this endorsement can be selected that excludes all certified acts of terrorism acts except when caused by nuclear, biological, chemical, or biological releases.
Because the BP 05 23 is not attached, all the wording from the BP 05 23 is part of this endorsement as the same capping and other procedures continue to apply. This endorsement has a schedule where the states that have the fire exception can be listed.
This endorsement is similar to the BP 05 23 except that it places sub–limits on either or both the property and liability sections of the BOP. A schedule is provided to indicate the certified acts sub–limit. This endorsement has a schedule where the states that have the fire exception can be listed.
This
optional form can be added only when BP 05 23–Cap on Losses from Certified Acts
of Terrorism is on the policy. It excludes liability exposure for acts of
terrorism that take place outside the
This
optional form can be added only when BP 05 24–Exclusion of Certified Acts of
Terrorism is on the policy. It excludes liability exposure for acts of
terrorism that take place outside the
This form excludes any punitive damages resulting from a certified act of terrorism. It can be attached when BP 05 24, BP 05 26, BP 05 27 are attached.
This endorsement provides required information as to the charge being made for the TRIA coverage.
This endorsement provides required information as to the charge being made for the TRIA coverage. It is used only in the last calendar year of TRIA.
B. The following endorsements apply to policies that are issued for a policy term in which TRIA may expire. These endorsements are attached to a policy providing terrorism coverage because of TRIA. They have no impact on coverage unless TRIA expires. If the act expires, these endorsements become active. Because the act is due to expire in 2020 and its renewal may be either denied or delayed, it is important to understand how these endorsements will respond.
If the Terrorism Risk Insurance Program is terminated the exclusionary portion of this exclusion will apply and supersede any other terrorism endorsement on the policy. If the program is renewed this exclusion does not apply.
Property section Loss or damage resulting from terrorism is excluded. While the exclusion is not limited to only certified acts of terrorism it does require that excluded acts be due to nuclear, biological, chemical agents or be ones that cause an aggregate property loss in excess of $25,000,000.
Liability section Injury or damage
resulting from terrorism is excluded. While the exclusion is not limited to
only certified acts of terrorism it does require that excluded acts must be due
to nuclear, biological, chemical agents or be ones that cause an aggregate
property loss in excess of $25,000,000 or that cause 50 or more persons to die
or suffer severe injury.
If the Terrorism Risk Insurance Program is terminated the exclusionary portion of this exclusion will apply and supersede any other terrorism endorsement on the policy. If the program is renewed this exclusion does not apply.
Property section loss or damage resulting from terrorism is excluded. While the exclusion is not limited to only certified acts of terrorism it does require that excluded acts be due to nuclear, biological, chemical agents.
Liability section injury or damage
resulting from terrorism is excluded but only if due to nuclear, biological,
chemical agents
If the Terrorism Risk Insurance Program is terminated the exclusionary portion of this exclusion will apply and supersede any other terrorism endorsement on the policy. If the program is renewed this sub-limit does not apply.
The total amount paid under the property section of this policy for damage resulting from a terrorist act as defined in the endorsement is limited to the sublimit entered in the schedule that is a part of this endorsement.
Liability coverage for terrorism as
defined in the endorsement is subject to the sub–limit shown on the endorsement
schedule.
This endorsement provides required information as to the charge being made for TRIA coverage. It is used only in the last calendar year of TRIA and only when one of the conditional endorsements described above is attached.
C. The following endorsements are to be used only after TRIA has expired. Because the act is due to expire in 2020 and its renewal may be either denied or delayed, it is important to understand how these endorsements will respond.
Property section loss or damage resulting from terrorism is excluded. While the exclusion is not limited to only certified acts of terrorism it does require that excluded acts be due to nuclear, biological, chemical agents.
Liability section injury or damage
resulting from terrorism is excluded but only if due to nuclear, biological,
chemical agents.
Property section loss or damage resulting from terrorism is excluded. While the exclusion is not limited to only certified acts of terrorism it does require that excluded acts be due to nuclear, biological, chemical agents.
Liability section injury or damage
resulting from terrorism is excluded but only if due to nuclear, biological,
chemical agents.
The total amount paid under the property section of this policy for damage resulting from a terrorist act as defined in the endorsement is limited to the sublimit entered in the schedule that is a part of this endorsement.
Liability coverage for terrorism as
defined in the endorsement is subject to the sub–limit shown on the endorsement
schedule.
*Standard Fire
Exception
In certain states, ensuing fire damage must be covered even if terrorism coverage is rejected. In these states special exclusions have been developed to include protection against ensuing fire damage to building and personal property only. The states are AZ, CA, CT, GA, HI, ID, IL, IA, LA, MA, ME, MI, MN, MO, NE, NH, NJ, NY, NC, ND, OK, OR, PA, RI, VA, WA, WI, and WV.
The OP forms apply to the Capital Assets (Output Policy).
A. The following endorsements apply to policies issued while TRIA is in effect.
This form is to be attached to policies when terrorism coverage is provided. It does not provide the coverage, because that is part of the policy; instead, it notifies the policyholder that losses caused by a certified act of terrorism are subject to TRIA and that the aggregate losses from that action will be capped at $100 billion. The insurance company is not responsible beyond its insurer deductible for any loss once the $100 billion cap is released. It does state that the Department of Treasury will be responsible for distributing settlements on a pro rata basis.
This exclusion is attached to a policy where the insured has declined an opportunity to purchase the federal government terrorism coverage. The declination could take place by either signing a form stating they do not want the coverage or by refusing to pay the premium associated with the coverage. Terrorism, which is not considered a certified act of terrorism, remains covered. This endorsement has a schedule where the states that have the fire exception can be listed.
B. The following endorsements apply to policies that are issued for a policy term in which TRIA may expire. These endorsements are attached to a policy providing terrorism coverage because of the TRIA act. They have no impact on coverage unless TRIA expires. If the act expires, this endorsement becomes active. Because the act is due to expire in 2020 and its renewal may be either denied or delayed, it is important to understand how these endorsements will respond.
If the Terrorism Risk Insurance Program is terminated the exclusionary portion of this exclusion will apply and supersede any other terrorism endorsement on the policy. If the program is renewed this exclusion does not apply.
Loss or damage resulting from terrorism
is excluded. While the exclusion is not limited to only certified acts of
terrorism it does require that excluded acts be due to nuclear, biological,
chemical agents or be ones that cause an aggregate property loss in excess of
$25,000,000.
If the Terrorism Risk Insurance Program is terminated the exclusionary portion of this exclusion will apply and supersede any other terrorism endorsement on the policy. If the program is renewed this exclusion does not apply.
Loss or damage resulting from terrorism
is excluded. While the exclusion is not limited to only certified acts of
terrorism it does require that excluded acts be due to nuclear, biological,
chemical agents.
If the Terrorism Risk Insurance Program is terminated the exclusionary portion of this exclusion will apply and supersede any other terrorism endorsement on the policy. If the program is renewed this sub-limit does not apply.
The total amount paid under this
policy for damage resulting from a terrorist act as defined in the endorsement
is limited to the sublimit entered in the schedule that is a part of this
endorsement. This limitation applies only when a terrorism act causes an
aggregate property loss in excess of $25,000,000.
C. The following endorsements are to be used only after TRIA has expired. Because the act is due to expire in 2020 and its renewal may be either denied or delayed, it is important to understand how these endorsements will respond.
Loss or damage resulting from terrorism
is excluded. While the exclusion is not limited to only certified acts of
terrorism it does require that excluded acts be due to nuclear, biological,
chemical agents or be ones that cause an aggregate property loss in excess of
$25,000,000.
Loss or damage resulting from terrorism
is excluded. While the exclusion is not limited to only certified acts of
terrorism it does require that excluded acts be due to nuclear, biological,
chemical agents.
*Standard Fire
Exception
In certain states, ensuing fire must be covered even if terrorism coverage is rejected. In these states special exclusions have been developed to include ensuing fire for direct damage to building and personal property only. The states are AZ, CA, CT, GA, HI, ID, IL, IA, MA, MN, NE, NJ, NY, NC, ND, OK, PA, VA, WA, and WV.
In LA, ME, MI, MO, NH, OR, RI, and WI, Inland Marine coverages must also insure ensuing fire damage.
Because Commercial Auto is not an included line under the Terrorism Risk Insurance Act, the insuring carriers must decide how to address the exposure. They have three options:
1. Do nothing. If no endorsement is attached there is no special exclusion applicable to terrorism. The war exclusion will continue to apply.
2. Attach CA 23 84–Exclusion of Terrorism. This exclusion applies to terrorism and does not limit the exclusion to certified acts of terrorism. However, in the form it states that excluded acts must be due to nuclear, biological, chemical agents or be ones that cause an aggregate property loss in excess of $25,000,000 or that cause 50 or more persons to die or suffer severe injury.
3. Attach CA 23 85–Exclusion of Terrorism Involving Nuclear, Biological or Chemical Terrorism. This endorsement excludes only terrorist acts where nuclear, biological, or chemical agents are released.
The definitions of Certified Act of Terror and Other Act of Terror are the same as with the IL forms. The exclusion for other acts of terrorism is different since, besides a property damage threshold, it also contains a body count limit for applying the exclusion. The term “any injury or damage” includes bodily injury, property damage, personal and advertising injury, environmental damage, and environmental injury. Further, other types of damage and/or injury may also qualify under the definition.
A. The following
endorsements apply to policies issued while TRIA is in effect.
This form is to be attached to policies when terrorism coverage is provided. It does not provide the coverage, because that is part of the policy; instead, it notifies the policyholder that losses caused by a certified act of terrorism are subject to TRIA and that the aggregate losses from that action will be capped at $100 billion. The insurance company is not responsible beyond its insurer deductible for any loss once the $100 billion cap is released. It does state that the Department of Treasury will be responsible for distributing settlements on a pro rata basis.
This form excludes coverage for acts of terror that occur outside of the United States. The definition of such acts if very broad without any limitation on number of injured or value of property damage. This form also places a cap on Certified Acts of Terrorism that occur within the United States as described in CG 21 70 above.
This form excludes coverage for certified acts of terrorism but continues to provide coverage for other acts of terrorism. Those other actions are subject to the standard CGL policy terms, exclusions, and conditions.
This form excludes coverage for acts of terror that occur outside of the United States. The definition of such acts is very broad without any limitation on number of injured or value of property damage. This form also excludes coverage for certified acts of terrorism as described in CG 21 73 above.
This form excludes any punitive damages resulting from a certified act of terrorism. It can be attached when CG 21 70, CG 21 80, CG 21 82, or CG 21 84 are attached.
This form is similar to CG 21 70 except that the coverage for certified acts of terrorism is subject to the sub–limit shown on the endorsement schedule. This sub–limit is separate from the TRIA aggregate limitation that continues to apply. It can be offered only after CG 21 70 is rejected by the insured. It is available only with the Commercial General Liability Coverage Part.
This form is similar to CG 21 70 except that the coverage for certified acts of terrorism is subject to the sub–limit shown on the endorsement schedule. This sub–limit is separate from the TRIA aggregate limitation that continues to apply. This form is used only with the Products/Completed Operations Liability Coverage Part.
·
CG 21 84–Exclusion of Certified Acts of Nuclear,
Biological Chemical or Radiological Acts of Terrorism; Cap on Losses From
Certified Acts of Terrorism
If an insured rejects the full Certified Acts of Terrorism coverage provided by CG 21 70, this option can be offered. It provides the same coverage as CG 21 70 but excludes certified acts of terrorism caused by nuclear, biological, chemical, or radiological release.
B. The following endorsements apply to policies that are issued for a policy term in which TRIA may expire. These endorsements are attached to a policy providing terrorism coverage because of TRIA. They have no impact on coverage unless TRIA expires. If the act expires, these endorsements become active. Because the act is due to expire in 2020 and its renewal may be either denied or delayed, it is important to understand how these endorsements will respond.
If the Terrorism Risk Insurance Program is terminated the exclusionary portion of this exclusion will apply and supersede any other terrorism endorsement on the policy. If the program is renewed this exclusion does not apply.
Injury or damage resulting from terrorism is excluded. While the exclusion is not limited to only certified acts of terrorism it does require that excluded acts must be due to nuclear, biological, chemical agents or be ones that cause an aggregate property loss in excess of $25,000,000 or that cause 50 or more persons to die or suffer severe injury.
If the Terrorism Risk Insurance Program is terminated the exclusionary portion of this exclusion will apply and supersede any other terrorism endorsement on the policy. If the program is renewed this exclusion does not apply.
Injury or damage resulting from terrorism is excluded but only if due to nuclear, biological, chemical agents.
·
CG 21 89–Conditional Limitation of Coverage For
Terrorism on an Annual Aggregate Basis
If the Terrorism Risk Insurance Program is terminated the exclusionary portion of this exclusion will apply and supersede any other terrorism endorsement on the policy. If the program is renewed this exclusion does not apply.
Coverage for terrorism as defined in the endorsement is subject to the sub–limit shown on the endorsement schedule. It is available only with the Commercial General Liability Coverage Part.
Whenever CG 21 87, CG 21 88 or CG 21 89 are added to a claims-made policy, this endorsement must be attached. It provides a five-year extended reporting period for acts of terrorism that are excluded in one of those endorsements but that happened prior to the non-renewal of TRIA.
C. The following endorsements are to be used only after TRIA has expired. Because the act is due to expire in 2020 and its renewal may be either denied or delayed, it is important to understand how these endorsements will respond.
Injury or damage resulting from terrorism is excluded. While the exclusion is not limited to only certified acts of terrorism it does require that excluded acts must be due to nuclear, biological, chemical agents or be ones that cause an aggregate property loss in excess of $25,000,000 or that cause 50 or more persons to die or suffer severe injury.
Injury or damage resulting from
terrorism is excluded but only if due to nuclear, biological, chemical agents.
Coverage for terrorism as defined in the endorsement is subject to the sub–limit shown on the endorsement schedule. It is available only with the Commercial General Liability Coverage Part.
The definitions of Certified Act of Terror and Other Act of Terror are the same as with the IL forms. The exclusion for other acts of terrorism is different since, besides a property damage threshold, it also contains a body count limit for applying the exclusion. The term “any injury or damage” includes bodily injury, property damage, personal and advertising injury, environmental damage, and environmental injury. Further, other types of damage and/or injury may also qualify under the definition.
A. The following
endorsements apply to policies issued while TRIA is in effect.
This form is to be attached to policies when terrorism coverage is provided. It does not provide the coverage, because that is part of the policy; instead, it notifies the policyholder that losses caused by a certified act of terrorism are subject to TRIA and that the aggregate losses from that action will be capped at $100 billion. The insurance company is not responsible beyond its insurer deductible for any loss once the $100 billion cap is released. It does state that the Department of Treasury will be responsible for distributing settlements on a pro rata basis.
This form excludes coverage for acts of terror that occur outside of the United States. The definition of such acts if very broad without any limitation on number of injured or value of property damage. This form also places a cap on Certified Acts of Terrorism that occur within the United States as described in CU 21 30 above.
This form excludes coverage for certified acts of terrorism but continues to provide coverage for other acts of terrorism. Those other actions are subject to the standard commercial umbrella policy terms, exclusions, and conditions.
This form excludes coverage for acts of terror that occur outside of the United States. The definition of such acts is very broad without any limitation on number of injured or value of property damage. This form also excludes coverage for certified acts of terrorism as described in CU 21 33 above.
This form excludes any punitive damages resulting from a certified act of terrorism. It can be attached when CU 21 30 or CU 21 40 are attached.
If an insured rejects the full Certified Acts of Terrorism coverage provided by CU 21 30, this option can be offered. It provides the same coverage as CU 21 30 but excludes certified acts of terrorism caused by nuclear, biological, chemical, or radiological release.
B. One and only
one of the following endorsements can be attached to any commercial umbrella
policy with a commercial automobile underlying coverage:
This endorsement is used to provide terrorism coverage for underlying automobile coverage when CU 21 31, CU 21 33, CU 21 35, CU 21 36, or CU 21 40 are attached to the umbrella. This endorsement should not be attached when CU 21 30 is part of the policy.
This endorsement excludes coverage for terrorism but only for the commercial automobile coverage portion. It can be attached with any terrorism form except for CU 21 55.
C. The following
endorsements apply to policies that are issued for a policy term in which TRIA
may expire. These endorsements are attached to a policy providing terrorism
coverage because of the TRIA act. They have no impact on coverage unless TRIA
expires. If the act expires, this endorsement becomes active. Because the act
is due to expire in 2020 and its renewal may be either denied or delayed, it is
important to understand how these endorsements will respond.
If the Terrorism Risk Insurance Program is terminated the exclusionary portion of this exclusion will apply and supersede any other terrorism endorsement on the policy. If the program is renewed this exclusion does not apply.
Injury or damage resulting from terrorism
is excluded. While the exclusion is not limited to only certified acts of
terrorism it does require that excluded acts must be due to nuclear,
biological, chemical agents or be ones that cause an aggregate property loss in
excess of $25,000,000 or that cause 50 or more persons to die or suffer severe
injury.
·
CU 21 45–Conditional Exclusion of Terrorism Involving
Nuclear, Biological or Chemical Terrorism Relating to the Disposition of Federal Terrorism
Risk Insurance Act)
If the Terrorism Risk Insurance Program is terminated the exclusionary portion of this exclusion will apply and supersede any other terrorism endorsement on the policy. If the program is renewed this exclusion does not apply.
Injury or damage resulting from terrorism is excluded but
only if due to nuclear, biological, chemical agents.
Whenever CU 21 44 or CU 21 45 is
added to a claims-made policy, this endorsement must be attached. It provides a
five-year extended reporting period for acts of terrorism that are excluded in
one of those endorsements but that happened prior to the non-renewal of
TRIA.
D. The following endorsements are to be used only after TRIA has expired. Because the act is due to expire in 2020 and its renewal may be either denied or delayed, it is important to understand how these endorsements will respond.
Injury or damage resulting from
terrorism is excluded. While the exclusion is not limited to only certified
acts of terrorism it does require that excluded acts must be due to nuclear,
biological, chemical agents or be ones that cause an aggregate property loss in
excess of $25,000,000 or that cause 50 or more persons to die or suffer severe
injury.
Injury or damage resulting from
terrorism is excluded but only if due to nuclear, biological, chemical agents.
The definitions of Certified Act of Terror and Other Act of Terror are the same as with the IL forms. The exclusion for other acts of terrorism is different since, besides a property damage threshold, it also contains a body count limit for applying the exclusion. The term “any injury or damage” includes bodily injury, property damage, personal and advertising injury, environmental damage, and environmental injury. Further, other types of damage and/or injury may also qualify under the definition.
A. The following endorsements apply to policies issued while TRIA is in effect.
This form is to be attached to policies when terrorism coverage is provided. It does not provide the coverage, because that is part of the policy; instead, it notifies the policyholder that losses caused by a certified act of terrorism are subject to TRIA and that the aggregate losses from that action will be capped at $100 billion. The insurance company is not responsible beyond its insurer deductible for any loss once the $100 billion cap is released. It does state that the Department of Treasury will be responsible for distributing settlements on a pro rata basis.
This form excludes coverage for acts of terror that occur outside of the United States. The definition of such acts if very broad without any limitation on number of injured or value of property damage. This form also places a cap on Certified Acts of Terrorism that occur within the United States as described in CX 21 30 above.
This form excludes coverage for certified acts of terrorism but continues to provide coverage for other acts of terrorism. Those other actions are subject to the standard commercial umbrella policy terms, exclusions, and conditions.
This form excludes coverage for acts of terror that occur outside of the United States. The definition of such acts is very broad without any limitation on number of injured or value of property damage. This form also excludes coverage for certified acts of terrorism as described in CX 21 33 above.
This form excludes any punitive damages resulting from a certified act of terrorism. It can be attached when CX 21 30 is attached.
If an insured rejects the full Certified Acts of Terrorism coverage provided by CX 21 30, this option can be offered. It provides the same coverage as CX 21 30 but excludes certified acts of terrorism caused by nuclear, biological, chemical, or radiological release.
B. One and only
one of the following endorsements can be attached to any commercial umbrella
policy with a commercial automobile underlying coverage:
This endorsement is used to provide terrorism coverage for underlying automobile coverage when CX 21 31, CX 21 33, CX 21 35, or CX 21 36 are attached to the policy. This endorsement should not be attached when CX 21 30 is part of the policy.
This endorsement excludes coverage for terrorism but only for the commercial automobile coverage portion. It can be attached with any terrorism form except for CX 21 55.
C. The following endorsements apply to policies that are issued for a policy term in which TRIA may expire. These endorsements are attached to a policy providing terrorism coverage because of the TRIA act. They have no impact on coverage unless TRIA expires. If the act expires, this endorsement becomes active Because the act is due to expire in 2020 and its renewal may be either denied or delayed, it is important to understand how these endorsements will respond.
If the Terrorism Risk Insurance Program is terminated the exclusionary portion of this exclusion will apply and supersede any other terrorism endorsement on the policy. If the program is renewed this exclusion does not apply.
Injury or damage resulting from terrorism
is excluded. While the exclusion is not limited to only certified acts of
terrorism it does require that excluded acts must be due to nuclear,
biological, chemical agents or be ones that cause an aggregate property loss in
excess of $25,000,000 or that cause 50 or more persons to die or suffer severe
injury.
·
CX 21 32–Conditional Exclusion of Terrorism Involving
Nuclear, Biological or Chemical Terrorism (Relating to the Disposition of Federal Terrorism
Risk Insurance Act)
If the Terrorism Risk Insurance Program is terminated the exclusionary portion of this exclusion will apply and supersede any other terrorism endorsement on the policy. If the program is renewed this exclusion does not apply.
Injury or damage resulting from terrorism is excluded but
only if due to nuclear, biological, chemical agents.
·
CX
21 34–Extended Reporting Period For Terrorism Endorsement
Whenever CX 21 29 or CX 21 32 is
added to a claims-made policy, this endorsement must be attached. It provides a
five-year extended reporting period for acts of terrorism that are excluded in
one of those endorsements but that happened prior to the non-renewal of
TRIA.
The definitions of Certified Act of Terror and Other Act of Terror are the same as with the IL forms. The exclusion for other acts of terrorism is different since, besides a property damage threshold, it also contains a body count limit for applying the exclusion. Further, other types of damage and/or injury may also qualify under the definition.
A. The following
endorsements apply to policies issued while TRIA is in effect.
· CY 21 01–Caps on Losses from Certified Acts of Terrorism
This form is to be attached to policies when terrorism coverage is provided. It does not provide the coverage, because that is part of the policy; instead, it notifies the policyholder that losses caused by a certified act of terrorism are subject to TRIA and that the aggregate losses from that action will be capped at $100 billion. The insurance company is not responsible beyond its insurer deductible for any loss once the $100 billion cap is released. It does state that the Department of Treasury will be responsible for distributing settlements on a pro rata basis.
·
CY 21 03–Exclusion of Certified Acts of Terrorism
This form excludes loss, as defined in the coverage form, which results from certified acts of terrorism but continues to provide coverage for other acts of terrorism. Those other actions are subject to the policy’s terms, exclusions, and conditions.
B. The following endorsement applies to policies that are issued for a policy term in which TRIA may expire. These endorsements are attached to a policy providing terrorism coverage because of TRIA. They have no impact on coverage unless TRIA expires. If the act expires, these endorsements become active. Because the act is due to expire in 2020 and its renewal may be either denied or delayed, it is important to understand how these endorsements will respond.
·
CY 21 08–Conditional Exclusion of Terrorism (Related To Disposition of
Federal Terrorism Risk Insurance Act)
If the Terrorism Risk Insurance Program is terminated the exclusionary portion of this exclusion will apply and supersede any other terrorism endorsement on the policy. If the program is renewed this exclusion does not apply.
Loss, as defined in the coverage form, which results from terrorism is excluded. While the exclusion is not limited to only certified acts of terrorism it does require that excluded acts must be due to nuclear, biological, chemical agents or be ones that cause an aggregate property loss in excess of $25,000,000 or that cause 50 or more persons to die or suffer severe injury.
Whenever CY 21 08 is added to a claims-made policy, this endorsement must be attached. It provides a five-year extended reporting period for acts of terrorism that are excluded in one of those endorsements but that happened prior to the non-renewal of TRIA.
C. The following endorsements are to be used only after TRIA has expired. Because the act is due to expire in 2020 and its renewal may be either denied or delayed, it is important to understand how these endorsements will respond.
Loss, as defined in the coverage
form, which results from terrorism is excluded. While the exclusion is not
limited to only certified acts of terrorism it does require that excluded acts
must be due to nuclear, biological, chemical agents or be ones that cause an aggregate
property loss in excess of $25,000,000 or that cause 50 or more persons to die
or suffer severe injury.
A. The following endorsements apply to policies issued while TRIA is in effect.
This form is similar to FL 10 70 except that the coverage for certified acts of terrorism is subject to the sub–limit shown on the endorsement schedule. This sub–limit is separate from the TRIA aggregate limitation that continues to apply. It can be offered only after FL 10 70 is rejected by the insured.
·
FL 10 44–Exclusion of Nuclear, Biological, Chemical
or Radiological Acts of Terrorism; Cap on Losses From Certified Acts of
Terrorism
If an insured rejects the full Certified Acts of Terrorism coverage provided by FB 10 70, this option can be offered. It provides the same coverage as FL 10 70 but excludes certified acts of terrorism caused by nuclear, biological, chemical, or radiological release.
This form is to be attached to policies when terrorism coverage is provided. It does not provide the coverage, because that is part of the policy; instead, it notifies the policyholder that losses caused by a certified act of terrorism are subject to TRIA and that the aggregate losses from that action will be capped at $100 billion. The insurance company is not responsible beyond its insurer deductible for any loss once the $100 billion cap is released. It does state that the Department of Treasury will be responsible for distributing settlements on a pro rata basis.
This optional form can be added
only when FL 10 70–Cap on Losses from Certified Acts of Terrorism is on the
policy. It excludes liability exposure for acts of terrorism that take place
outside the
This form excludes coverage for certified acts of terrorism but continues to provide coverage for other acts of terrorism. Those other actions are subject to the standard farm liability policy terms, exclusions, and conditions.
This
optional form can be added only when FL 10 73–Exclusion of Certified Acts of
Terrorism is on the policy. It excludes liability exposure for acts of
terrorism that take place outside the
This form excludes any punitive damages resulting from a certified act of terrorism. It can be attached when FL 10 70, FL 10 40, or FL 10 44 are attached.
B. The following
endorsements apply to policies that are issued for a policy term in which TRIA
may expire. These endorsements are attached to a policy providing terrorism
coverage because of the TRIA act. They have no impact on coverage unless TRIA
expires. If the act expires, these endorsements become active. Because the act
is due to expire in 2020 and its renewal may be either denied or delayed, it is
important to understand how these endorsements will respond.
If the Terrorism Risk Insurance Program is terminated the exclusionary portion of this exclusion will apply and supersede any other terrorism endorsement on the policy. If the program is renewed this exclusion does not apply.
Injury or damage resulting from terrorism is excluded. While the exclusion is not limited to only certified acts of terrorism it does require that excluded acts must be due to nuclear, biological, chemical agents or be ones that cause an aggregate property loss in excess of $25,000,000 or that cause 50 or more persons to die or suffer severe injury.
If the Terrorism Risk Insurance Program is terminated the exclusionary portion of this exclusion will apply and supersede any other terrorism endorsement on the policy. If the program is renewed this exclusion does not apply.
Injury or damage resulting from
terrorism is excluded but only if due to nuclear, biological, chemical agents.
If the Terrorism Risk Insurance Program is terminated the exclusionary portion of this exclusion will apply and supersede any other terrorism endorsement on the policy. If the program is renewed this exclusion does not apply.
Coverage for terrorism as defined
in the endorsement is subject to the sub–limit shown on the endorsement
schedule. It is available only with the
Commercial General Liability Coverage Part.
C. The following endorsements are to be used only after TRIA has expired. Because the act is not due to expire until 2020, no further discussion of these endorsements is provided at this time.
Injury or damage resulting from terrorism
is excluded. While the exclusion is not limited to only certified acts of
terrorism it does require that excluded acts must be due to nuclear,
biological, chemical agents or be ones that cause an aggregate property loss in
excess of $25,000,000 or that cause 50 or more persons to die or suffer severe
injury.
Injury or damage resulting from
terrorism is excluded but only if due to nuclear, biological, chemical agents.
The definitions of Certified Act of Terror and Other Act of Terror are the same as with the IL forms. The exclusion for other acts of terrorism is different since, besides a property damage threshold, it also contains a body count limit for applying the exclusion. The term “any injury or damage” includes bodily injury, property damage, personal and advertising injury, environmental damage, and environmental injury. Further, other types of damage and/or injury may also qualify under the definition.
A. The following endorsements apply to policies issued while TRIA is in effect.
This form is to be attached to policies when terrorism coverage is provided. It does not provide the coverage, because that is part of the policy; instead, it notifies the policyholder that losses caused by a certified act of terrorism are subject to TRIA and that the aggregate losses from that action will be capped at $100 billion. The insurance company is not responsible beyond its insurer deductible for any loss once the $100 billion cap is released. It does state that the Department of Treasury will be responsible for distributing settlements on a pro rata basis.
This form excludes coverage for acts of terror that occur outside of the United States. The definition of such acts if very broad without any limitation on number of injured or value of property damage. This form also places a cap on Certified Acts of Terrorism that occur within the United States as described in FB 10 40 above.
This exclusion is attached to a policy where the insured has declined an opportunity to purchase the federal government terrorism coverage. The declination could take place by either signing a form stating they do not want the coverage or by refusing to pay the premium associated with the coverage. Terrorism, which is not considered a certified act of terrorism, remains covered.
This form excludes coverage for acts of terror that occur outside of the United States. The definition of such acts is very broad without any limitation on number of injured or value of property damage. This form also excludes coverage for certified acts of terrorism as described in FB 10 43 above.
This form excludes any punitive damages resulting from a certified act of terrorism. It can be attached when FB 10 40 or FB 10 50 is attached.
If an insured rejects the full Certified Acts of Terrorism coverage provided by FB 10 40, this option can be offered. It provides the same coverage as FB 10 40 but excludes certified acts of terrorism caused by nuclear, biological, chemical, or radiological release.
B. One and only
one of the following endorsements can be attached to any farm umbrella policy
with an automobile underlying coverage:
This can be used with FB 10 41, FB 10 43, FB 10 45, FB 10 46, or FB 10 50 to eliminate coverage for automobiles. This cannot be used when FB 10 24 is attached.
This should be used when the farm umbrella provides terrorism coverage, the underlying commercial auto policy provides terrorism coverage and the umbrella coverage is not to be written on a following form basis but instead is to exclude the auto. This cannot be used when FB 10 23 is attached.
C. The following endorsements apply to policies that are issued for a policy term in which TRIA may expire. These endorsements are attached to a policy providing terrorism coverage because of the TRIA act. They have no impact on coverage unless TRIA expires. If the act expires, these endorsements become active Because the act is due to expire in 2020 and its renewal may be either denied or delayed, it is important to understand how these endorsements will respond.
If the Terrorism Risk Insurance Program is terminated the exclusionary portion of this exclusion will apply and supersede any other terrorism endorsement on the policy. If the program is renewed this exclusion does not apply.
Injury or damage resulting from terrorism
is excluded. While the exclusion is not limited to only certified acts of
terrorism it does require that excluded acts must be due to nuclear,
biological, chemical agents or be ones that cause an aggregate property loss in
excess of $25,000,000 or that cause 50 or more persons to die or suffer severe
injury.
If the Terrorism Risk Insurance Program is terminated the exclusionary portion of this exclusion will apply and supersede any other terrorism endorsement on the policy. If the program is renewed this exclusion does not apply.
Injury or damage resulting from terrorism is excluded but
only if due to nuclear, biological, chemical agents.
D. The following endorsements are to be used only after TRIA has expired. Because the act is due to expire in 2020 and its renewal may be either denied or delayed, it is important to understand how these endorsements will respond.
Injury or damage resulting from terrorism
is excluded. While the exclusion is not limited to only certified acts of
terrorism it does require that excluded acts must be due to nuclear,
biological, chemical agents or be ones that cause an aggregate property loss in
excess of $25,000,000 or that cause 50 or more persons to die or suffer severe
injury.
Injury or damage resulting from
terrorism is excluded but only if due to nuclear, biological, chemical agents.
The definitions of Certified Act of Terror and Other Act of Terror are the same as with the IL forms. The exclusion for other acts of terrorism is different since, besides a property damage threshold, it also contains a body count limit for applying the exclusion. The term “any injury or damage” includes bodily injury, property damage, personal and advertising injury, environmental damage, and environmental injury. Further, other types of damage and/or injury may also qualify under the definition.
A. The following endorsements apply to policies issued while TRIA is in effect.
This form is to be attached to policies when terrorism coverage is provided. It does not provide the coverage, because that is part of the policy; instead, it notifies the policyholder that losses caused by a certified act of terrorism are subject to TRIA and that the aggregate losses from that action will be capped at $100 billion. The insurance company is not responsible beyond its insurer deductible for any loss once the $100 billion cap is released. It does state that the Department of Treasury will be responsible for distributing settlements on a pro rata basis.
This form excludes coverage for acts of terror that occur outside of the United States. The definition of such acts if very broad without any limitation on number of injured or value of property damage. This form also places a cap on Certified Acts of Terrorism that occur within the United States as described in FE 10 40 above.
This exclusion is attached to a policy where the insured has declined an opportunity to purchase the federal government terrorism coverage. The declination could take place by either signing a form stating they do not want the coverage or by refusing to pay the premium associated with the coverage. Terrorism, which is not considered a certified act of terrorism, remains covered.
This form excludes coverage for acts of terror that occur outside of the United States. The definition of such acts is very broad without any limitation on number of injured or value of property damage. This form also excludes coverage for certified acts of terrorism as described in FE 10 43 above.
This form excludes any punitive damages resulting from a certified act of terrorism. It can be attached when FE 10 40 or FE 10 50 is attached.
B. The following
endorsements apply to policies that are issued for a policy term in which TRIA
may expire. These endorsements are attached to a policy providing terrorism
coverage because of the TRIA act. They have no impact on coverage unless TRIA
expires. If the act expires, these endorsements become active. Because the act
is due to expire in 2020 and its renewal may be either denied or delayed, it is
important to understand how these endorsements will respond.
If the Terrorism Risk Insurance Program is terminated the exclusionary portion of this exclusion will apply and supersede any other terrorism endorsement on the policy. If the program is renewed this exclusion does not apply.
Injury or damage resulting from terrorism
is excluded. While the exclusion is not limited to only certified acts of
terrorism it does require that excluded acts must be due to nuclear,
biological, chemical agents or be ones that cause an aggregate property loss in
excess of $25,000,000 or that cause 50 or more persons to die or suffer severe
injury.
If the Terrorism Risk Insurance Program is terminated the exclusionary portion of this exclusion will apply and supersede any other terrorism endorsement on the policy. If the program is renewed this exclusion does not apply.
Injury or damage resulting from terrorism is excluded but
only if due to nuclear, biological, chemical agents.
C. The following endorsements are to be used only after TRIA has expired. Because the act is due to expire in 2020 and its renewal may be either denied or delayed, it is important to understand how these endorsements will respond.
Injury or damage resulting from terrorism is excluded. While the exclusion is not limited to only certified acts of terrorism it does require that excluded acts must be due to nuclear, biological, chemical agents or be ones that cause an aggregate property loss in excess of $25,000,000 or that cause 50 or more persons to die or suffer severe injury.
Note: There is no FE endorsement that permits the Exclusion of only Terrorism that Involves nuclear, biological, or chemical terrorism.
The IL forms apply to Commercial Inland Marine Coverage Part, Commercial Property Coverage, Equipment Breakdown Coverage Part, Farm Property (not farm multi-peril) and Standard Property Policy.
A. The following endorsements apply to policies issued while TRIA is in effect.
This form is to be attached to policies when terrorism coverage is provided. It does not provide the coverage, because that is part of the policy; instead, it notifies the policyholder that losses caused by a certified act of terrorism are subject to TRIA and that the aggregate losses from that action will be capped at $100 billion. The insurance company is not responsible beyond its insurer deductible for any loss once the $100 billion cap is released. It does state that the Department of Treasury will be responsible for distributing settlements on a pro rata basis.
This exclusion is attached to a policy where the insured has declined an opportunity to purchase the federal government terrorism coverage. The declination could take place by either signing a form stating they do not want the coverage or by refusing to pay the premium associated with the coverage. Terrorism, which is not considered a certified act of terrorism, remains covered. This endorsement has a schedule where the states that have the fire exception can be listed.
Instead of the complete rejection of coverage for certified acts of terrorism, this endorsement can be selected that excludes all certified acts of terrorism acts except when caused by nuclear, biological, chemical, or biological releases.
Because the IL 09 52 is not attached, all the wording from the IL 09 52 is part of this endorsement because the same capping and other procedures continue to apply. This endorsement has a schedule where the states that have the fire exception can be listed.
This endorsement is similar to the IL 09 52 except that it places sub–limits on the covered certified terrorism losses for the coverage part(s) indicated on the schedule. This endorsement has a schedule where the states that have the fire exception can be listed.
B. The following endorsements apply to policies that are issued for a policy term in which TRIA may expire. These endorsements are attached to a policy providing terrorism coverage because of the TRIA act. They have no impact on coverage unless TRIA expires. If the act expires, this endorsement becomes active.
Because the act is due to expire in 2020 and its renewal may
be either denied or delayed, it is important to understand how these
endorsements will respond.
·
IL 09
95–Conditional Exclusion of Terrorism (Relating to Disposition of Federal
Terrorism Risk Insurance Act) *
If the Terrorism Risk Insurance Program is terminated the exclusionary portion of this exclusion will apply and supersede any other terrorism endorsement on the policy. If the program is renewed this exclusion does not apply.
Loss or damage resulting from terrorism is excluded. While the exclusion is not limited to only certified acts of terrorism it does require that excluded acts be due to nuclear, biological, chemical agents or be ones that cause an aggregate property loss in excess of $25,000,000.
If the Terrorism Risk Insurance Program is terminated the exclusionary portion of this exclusion will apply and supersede any other terrorism endorsement on the policy. If the program is renewed this exclusion does not apply.
Loss or damage resulting from terrorism is excluded. While the exclusion is not limited to only certified acts of terrorism it does require that excluded acts be due to nuclear, biological, chemical agents.
If the Terrorism Risk Insurance Program is terminated the exclusionary portion of this exclusion will apply and supersede any other terrorism endorsement on the policy. If the program is renewed this sub-limit does not apply.
The total amount paid under this
policy for damage resulting from a terrorist act as defined in the endorsement
is limited to the sublimit entered in the schedule that is a part of this
endorsement. This limitation applies only when a terrorism act causes an
aggregate property loss in excess of $25,000,000.
C. The following endorsements are to be used only after TRIA has expired.
Because the act is due to expire in 2020 and its renewal may be either denied or delayed, it is important to understand how these endorsements will respond.
Loss or damage resulting from terrorism is excluded. While the exclusion is not limited to only certified acts of terrorism it does require that excluded acts be due to nuclear, biological, chemical agents or be ones that cause an aggregate property loss in excess of $25,000,000.
Loss or damage resulting from terrorism is excluded. While the exclusion is not limited to only certified acts of terrorism it does require that excluded acts be due to nuclear, biological, chemical agents.
The total amount paid under this policy for damage resulting from a terrorist act as defined in the endorsement is limited to the sublimit entered in the schedule that is a part of this endorsement. This limitation applies only when a terrorism act causes an aggregate property loss in excess of $25,000,000.
*Standard Fire
Exception
In certain states, ensuing fire must be covered even if terrorism coverage is rejected. In these states special exclusions have been developed to include ensuing fire for direct damage to building and personal property only. The states are AZ, CA, CT, GA, HI, ID, IL, IA, MA, MN, NE, NJ, NY, NC, ND, OK, PA, VA, WA, and WV.
In LA, ME, MI, MO, NH, OR, RI, and WI, Inland Marine coverages must also insure ensuing fire damage.
Because Crime, Surety and Farmowners are not under the Terrorism Risk Insurance Act, carriers must decide how to address the terrorism exposure. There are four options:
1. Do nothing. If no endorsement is attached there is no special exclusion applicable to terrorism. The war exclusion will continue to apply.
2. Attach a Terrorism exclusion endorsement. This exclusion applies to both foreign and domestic terrorism and does not limit the exclusion to certified acts of terrorism. However, in the form it states that excluded acts must be due to nuclear, biological, chemical or one that causes an aggregate property loss in excess of $25,000,000. In the standard fire exception states this exclusion does not apply to ensuing fire losses.
3. Attach an Exclusion of Terrorism Involving Nuclear, Biological or Chemical Terrorism. This exclusion is more limited but still includes foreign and domestic terrorism. In the standard fire exception states this exclusion does not apply to ensuing fire losses.
4. Attach the Limitation of Coverage for Terrorism – Sub–Limit on Annual Aggregate Basis endorsement. This form provides coverage for terrorism activity subject to an annual aggregate sub–limit. The coverage type and the sub–limit must be entered in the schedule. In certain states, the exclusion does not apply to ensuing fire losses. Also, the addition of this endorsement does not override any other exclusions in the policy. This means that if a nuclear loss occurs that is not covered because of Nuclear Hazard exclusion, that loss is not covered, even if it was a terrorist act.
A. The following endorsements apply to policies issued while TRIA is in effect.
This form is to be attached to policies when terrorism coverage is provided. It does not provide the coverage, because that is part of the policy; instead, it notifies the policyholder that losses caused by a certified act of terrorism are subject to TRIA and that the aggregate losses from that action will be capped at $100 billion. The insurance company is not responsible beyond its insurer deductible for any loss once the $100 billion cap is released. It does state that the Department of Treasury will be responsible for distributing settlements on a pro rata basis.
This optional form can be added only when MP 21 13–Cap on Losses from Certified Acts of Terrorism is on the policy. It excludes liability exposure for acts of terrorism that take place outside the United States, its territories, possessions, and Puerto Rico but within the defined coverage territory.
This form excludes coverage for certified acts of terrorism but continues to provide coverage for other acts of terrorism. Those other actions are subject to the standard management protection policy terms, exclusions, and conditions.
This
optional form can be added only when MP 21 14–Exclusion of Certified Acts of
Terrorism is on the policy. It excludes liability exposure for acts of
terrorism that take place outside the United States, its territories, possessions,
and Puerto Rico but within the defined coverage territory.
B. The following endorsement applies to policies that are issued for a policy term in which TRIA may expire. The endorsement is attached to a policy providing terrorism coverage because of the TRIA act. It has no impact on coverage unless TRIA expires. If the act expires, the endorsement becomes active.
Because the act is due to expire in 2020 and there is a
possibility of the act not being renewed or of its renewal being delayed it is
important to understand how these endorsements will respond.
If the Terrorism Risk Insurance Program is terminated the exclusionary portion of this exclusion will apply and supersede any other terrorism endorsement on the policy. If the program is renewed this exclusion does not apply.
Loss, as defined in the coverage form, which results from terrorism is excluded. While the exclusion is not limited to only certified acts of terrorism it does require that excluded acts must be due to nuclear, biological, chemical agents or be ones that cause an aggregate property loss in excess of $25,000,000 or that cause 50 or more persons to die or suffer severe injury.
C. The following endorsements are to be used only after TRIA has expired. Because the act is due to expire in 2020 and its renewal may be either denied or delayed, it is important to understand how these endorsements will respond.
Loss, as defined in the coverage
form, which results from terrorism is excluded. While the exclusion is not
limited to only certified acts of terrorism it does require that excluded acts
must be due to nuclear, biological, chemical agents or be ones that cause an
aggregate property loss in excess of $25,000,000 or that cause 50 or more
persons to die or suffer severe injury.