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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 SERFF Tr Num: HCAS-125144697 State: New Jersey
Revision
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
Project Number: CL20070052
Reference Organization:
Reference Title:
Filing Status Changed: 04/18/2007
State Status Changed:
Corresponding Filing Tracking Number:

Status of Filing in Domicile:


Domicile Status Comments:
Reference Number:
Advisory Org. Circular:
Deemer Date:

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

Debbie.May@ocas.com

9450 Seward Road

(800) 843-6446 [Phone]

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


---------

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

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

Manufacturer Form
s or
Distributors
Extension
Amendment
of Limits of
Ins
$50,000/100,
000
Manufacturer Form
s or
Distributors
Extension
Amendment
of Limits of
Ins
$100,000/200
,000
Description of Rate
Addl Optional
Endt Manufacturer
s or

Created By

Created On

Date Submitted

Debbie May

04/11/2007

04/11/2007

Debbie May

04/11/2007

04/11/2007

Debbie May

04/11/2007

04/11/2007

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

Distributors
Extension

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

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.

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
Supporting Document

Item Name
P&C Cover Letter

Item Status

Public Access
Yes
Yes

Supporting Document

NAIC Uniform Property and Casualty


Transmittal Document - Read Long Desc
Explanatory Memorandum

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
Manufacturers or Distributors Extension
Amendment of Limits of Ins
$50,000/100,000
Manufacturers or Distributors Extension
Amendment of Limits of Ins
$100,000/200,000
Manufacturers or Distributors Extension
Amendment of Limits of Ins
$100,000/200,000
Description of Addl Optional Endt Manufacturers or Distributors Extension
Description of Addl Optional Endt Manufacturers or Distributors Extension

Yes

Supporting Document

Form

Form (revised)

Form

Rate (revised)
Rate

Created by SERFF on 08/25/2008 01:19 PM

Yes

Yes

Yes

Yes

Yes
Yes

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.

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
Supporting Document

Item Name
P&C Cover Letter

Item Status

Public Access
Yes
Yes

Supporting Document

NAIC Uniform Property and Casualty


Transmittal Document - Read Long Desc
Explanatory Memorandum

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
Manufacturers or Distributors Extension
Amendment of Limits of Ins
$50,000/100,000
Manufacturers or Distributors Extension
Amendment of Limits of Ins
$100,000/200,000
Manufacturers or Distributors Extension
Amendment of Limits of Ins
$100,000/200,000
Description of Addl Optional Endt Manufacturers or Distributors Extension
Description of Addl Optional Endt Manufacturers or Distributors Extension

Yes

Supporting Document

Form

Form (revised)

Form

Rate (revised)
Rate

Created by SERFF on 08/25/2008 01:19 PM

Yes

Yes

Yes

Yes

Yes
Yes

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

Name
Number
Manufacture CG 86 04
rs or
Distributors
Extension
Amendment
of Limits of
Ins
$50,000/100,
000

Date

Form

Form

Name
Number
Manufacture CG 86 05
rs or
Distributors
Extension
Amendment
of Limits of

Replaced

Previous

Readability

Type
Endorse New
ment/Am
endment
/Conditio
ns

Form #

Filing #

Score

Edition

Form

Replaced

Date

Type
Endorse New
ment/Am
endment
/Conditio
ns

Form #

05 07

05 07

Action

Action

Created by SERFF on 08/25/2008 01:19 PM

Attachments

CG 86 04 05
07.pdf

Previous

Readability

Attachments

Filing #

Score
0

CG 86 05 05
07.pdf

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

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:
Description of
Addl Optional
Endt Manufacturers or
Distributors
Extension

Rule # or

Rate

Previous State

Attach

Page #:
Rule 36 5-07

Action:
Replacement

Filing Numbers:

Document:
Rule 36 NJ.pdf

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

Form Type Action

Date
Manufacturer or CG 83 37 05 07
Distributors
Extension
Manufacturers or CG 86 04 05 07
Distributors
Extension
Amendment of
Limits of Ins
$50,000/100,000
Manufacturers or CG 86 05 05 07
Distributors
Extension
Amendment of
Limits of Ins
$100,000/200,00
0

Endorseme Replaced
nt/Amendm
ent/Conditi
ons
Endorseme New
nt/Amendm
ent/Conditi
ons

Action Specific Readability Attachment


Data
Replaced Form #: 0.00
CG 83 37 05 04
Previous Filing #:

Endorseme New
nt/Amendm
ent/Conditi
ons

Created by SERFF on 08/25/2008 01:19 PM

CG 83 37 05
07.pdf

0.00

CG 86 04 05
07.pdf

0.00

CG 86 05 05
07.pdf

COMMERCIAL GENERAL LIABILITY


CG 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" is


initiated in the "coverage territory" during the policy period because:
(1)
(2)

c.

You determine that the "product withdrawal" is necessary; or


An authorized government entity has ordered you to conduct a "product
withdrawal".

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)

CG 83 37 05 07

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;

Includes Copyrighted Material of ISO Properties, Inc., with its permission.

Page 1 of 5

e.

(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.

"Product withdrawal expenses" incurred to withdraw "your products" which contain:


(1)
(2)

The same "defect" will be deemed to have arisen out of the same "product
withdrawal"; or
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)
(b)

(4)

An error in manufacturing, design, processing or transportation of "your


product"; or
"Product tampering".

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

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.
b.
c.
d.
e.

2.

Insureds;
"Product withdrawals" initiated;
Number of "your products" withdrawn;
Claims made or suits brought; or
Persons or organizations making claims or bringing "suits".

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 Suit
Condition 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)
(2)
(3)

b.

How, when and where the "defect" was discovered;


The names and addresses of any injured persons and witnesses; and
The nature, location and circumstances of any injury or damage arising out of
use or consumption of "your product".

If a "product withdrawal" is initiated, you must:


(1)
(2)

Immediately record the specifics of the "product "withdrawal" and the date it was
initiated; and
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)
(2)
(3)

CG 83 37 05 07

Immediately send us copies of pertinent correspondence received in connection


with the "product withdrawal";
Authorize us to obtain records and other information; and
Cooperate with us in our investigation of the "product withdrawal".

Includes Copyrighted Material of ISO Properties, Inc., with its permission.

Page 3 of 5

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.
b.
c.
d.
e.
f.
g.
h.

Costs of notification;
Costs of stationery, envelopes, production of announcements and postage or facsimiles;
Costs of overtime paid to your regular non-salaried employees and costs incurred by
your employees, including costs of transportation and accommodations;
Costs of computer time;
Costs of hiring independent contractors and other temporary employees;
Costs of transportation, shipping or packaging;
Costs of warehouse or storage space; or
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.

CG 83 37 05 07

"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;

Includes Copyrighted Material of ISO Properties, Inc., with its permission.

Page 4 of 5

2.

CG 83 37 05 07

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.

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.

Includes Copyrighted Material of ISO Properties, Inc., with its permission.

Page 5 of 5

COMMERCIAL GENERAL LIABILITY


CG 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
Product Recall Aggregate Limit

$50,000
$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

COMMERCIAL GENERAL LIABILITY


CG 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

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 Attachments

#:

Number:

Description of Addl
Rule 36 5-07
Optional Endt Manufacturers or
Distributors Extension

Replacement

Created by SERFF on 08/25/2008 01:19 PM

Rule 36 NJ.pdf

NEW JERSEY 5-07


COMMERCIAL LINES MANUAL
DIVISION SIX
GENERAL LIABILITY
EXCEPTION PAGES
SECTION II
COVERAGE 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 a
manufacturer, distributor or other similar operations attach Manufacturers or Distributors
Extension Endorsement CG 83 37.
To provide additional Product Recall Expense limits attached Manufacturers Or Distributors
Extension Amendment Of Limits Of Insurance $50,000/$100,000 Endorsement CG 86 04 or
Manufacturers Or Distributors Extension Amendment Of Limits Of Insurance $100,000/$200,000
Endorsement 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 gross
sales.
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


50,000/100,000
100,000/200,000

Classification
00910
00911

Rate
.46
.63

Internal Code
311373
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

Product Recall Expense Limit


50,000/100,000
100,000/200,000

Classification
00912
00913

Rate
.48
.66

Internal Code
311399
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


50,000/100,000
100,000/200,000

Classification
00914
00915

Rate
.33
.45

Internal Code
311415
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 gross
sales.
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


50,000/100,000
100,000/200,000

The Ohio Casualty Insurance Company


West American Insurance Company
American Fire and Casualty Company

Classification
00916
00917

Rate
.23
.32

Internal Code
311431
311449

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 and


Casualty 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

Comments:

Created by SERFF on 08/25/2008 01:19 PM

04/03/2007

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

Created by SERFF on 08/25/2008 01:19 PM

April 4, 2007

RE:

THE OHIO CASUALTY INSURANCE COMPANY - NAIC # 148-24074


WEST AMERICAN INSURANCE COMPANY - NAIC # 148-44393
AMERICAN FIRE AND CASUALTY COMPANY - NAIC #148-24066
DIVISION 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

Digitally signed by Debbie May


DN: cn=Debbie May, c=US
Date: 2007.04.02 14:56:54 -04'00'

Debbie May, ACS, AIS


Product Staff Underwriter
Property and Casualty Operations
1-800-843-6446 Ext. 2884
Fax # (513) 603-3121
E-mail address: debbie.may@ocas.com

9450 Seward Road, Fairfield, Ohio 45014

Telephone

513.867.3000

Fax

513.603-3123

www.ocas.com

Effective January 1, 2006

Property & Casualty Transmittal Document (Revised 1/1/06)

Reset Form

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 #:

1 . Reserved for Insurance


Dept. Use Only

g. SERFF Filing #:
h. Subject Codes
3.

Group Name
Ohio Casualty Group

Group NAIC #
148
FEIN #

sm

4. Company Name(s)
The Ohio Casualty Insurance Company
West American Insurance Company
American Fire and Casualty Company

Domicile

NAIC #

Ohio
Indiana
Ohio

148-24074
148-44393
148-24066

31-0396250
31-0624491
59-0141790

CL 20070052

5. Company Tracking Number

Contact Info of Filer(s) or Corporate Officer(s) [include toll-free number]

6.

Name and address


Debbie May
9450 Seward Road
Fairfield, Ohio 45014

Title

Telephone #s
1-800-843-6446
Ext. 2884

Prod Staff Und

7. Signature of authorized filer

Debbie May

8. Please print name of authorized filer

Debbie May

FAX #
513-603- 3121

e-mail
debbie.may@ocas.com

Digitally signed by Debbie May


DN: cn=Debbie May, c=US
Date: 2007.04.02 08:06:20 -04'00'

Filing information (see General Instructions for descriptions of these fields)


17.0 Other Liability-Occ/Claims Made
9. Type of Insurance (TOI)
17.0001
Commercial General Liability
10. Sub-Type of Insurance (Sub-TOI)
11. State Specific Product code(s)(if
applicable)[See State Specific Requirements]

12. Company Program Title (Marketing title)


13. Filing Type

14.
15.
16.
17.
18.
19.

Effective Date(s) Requested


Reference Filing?
Reference Organization (if applicable)
Reference Organization # & Title
Companys Date of Filing
Status of filing in domicile

[ ] Rate/Loss Cost [ ] Rules [ ] Rates/Rules


[ ] Forms [] Combination Rates/Rules/Forms
[ ] Withdrawal [ ] Other:
New: 7-1-2007
[ ] Yes [] No

Renewal:

7-1-2007

4-4-07

[ ] Not Filed [ ] Pending [] Authorized [ ] Disapproved

PC TD-1 pg 1 of 2
2006 National Association of Insurance Commissioners

Effective January 1, 2006

Property & Casualty Transmittal Document--20. This filing transmittal is part of Company Tracking #

CL20070052

21. Filing Description [This area can be used in lieu of a cover letter or filing memorandum and is free-form text]

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.

View Complete Filing Description


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 states checklist for additional state specific requirements or instructions on
calculating fees.
***Refer to the each states checklist for additional state specific requirements (i.e. # of additional copies
required, other state specific forms, etc.)
PC TD-1 pg 2 of 2

2006 National Association of Insurance Commissioners

Effective January 1, 2006

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 listing, unless allowed by state.)
CL20070052
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 Neutral (0%)

Rate Decrease

3. Filing Method (Prior Approval, File & Use, Flex Band, etc.)
See Page 5 for Additional Rate Changes
4a.
Rate Change by Company (As Proposed)
Minimum
Maximum
Written
# of
Written
Company
Overall %
% Change
% Change
policyholders premium
premium
Name
Rate
(where
(where
for this
affected
change for
Impact
required)
required)
program
for this
this
program
program
The Ohio Cas. Ins. Co.

NA
NA

4b.
Company
Name

Rate Change by Company (As Accepted) For State Use Only


Overall %
Written
# of
Written
Maximum
Rate
premium
policyholders premium
% Change
Impact
change for
affected
for this
this
for this
program
program
program

Minimum
% Change

NA

NA

Overall Rate Information (Complete for Multiple Company Filings only)


COMPANY USE
STATE USE
5a. Overall percentage rate impact for this filing
NA
Effect of Rate Filing Written premium change for
NA
5b.
this program
Effect of Rate Filing Number of policyholders
NA
5c.
affected
6. Overall percentage of last rate revision
7. Effective Date of last rate revision
Filing Method of Last filing
8.
(Prior Approval, File & Use, Flex Band, etc.)
Rule # or Page # Submitted
Replacement
for
Review
or Withdrawn?
9.
Rule 36. Desc. of Addl Optional Endt 01 Manufacturers or Dist Ext 5-07

[ ] New
[] Replacement
[ ] Withdrawn

02

[ ] New
[ ] Replacement
[ ] Withdrawn

03

[ ] New
[ ] Replacement
[ ] Withdrawn

04

[ ] New
[ ] Replacement
[ ] Withdrawn

05

[ ] New
[ ] Replacement
[ ] Withdrawn

2006 National Association of Insurance Commissioners

NA
NA
NA

Previous state
filing number,
if required by state

4a.

Company Name

American Fire and Cas. Co.

PC RRFS-1

Overall %
Rate Impact

Written premium
change for this
program

# of policyholders affected
for this program

Written
premium for
this program

NA

Continue Completing the Form at Item #4b

2006 National Association of Insurance Commissioners

Maximum %
Change (where
required)

Minimum %
Change
(where
required)

Effective January 1, 2006

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 listing, unless allowed by state.)

1. This filing transmittal is part of Company Tracking #


2. This filing corresponds to rate/rule filing number

CL20070052

(Company tracking number of rate/rule filing, if applicable)

Replacement
Or
withdrawn?

If replacement,
give form #
it replaces

CG 83 37 05 07

[ ] New
[ ] Replacement
[ ] Withdrawn

CG 83 37 05 04

Manufacturers Or Distributors CG 85 04 05 07
02 Ext Amendment of Limits Of
Insurance $50,000/100,000

[] New
[ ] Replacement
[ ] Withdrawn

Manufacturers Or Distributors CG 85 05 05 07
03 Ext Amendment of Limits Of
Insurance $100,000/200,000

[] 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

Form Name

3. /Description/Synopsis

01

Manufacturers Or Distributor
Extension

Form #
Include edition date

PC FFS-1

2006 National Association of Insurance Commissioners

Previous state
filing number,
if required by state

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 Recall
Expenses during the policy term. Our previous edition of this form limited the coverage
to only $25,000 Product Recall Expenses for all product withdrawals initiated or the
number of your products withdrawn during the policy term.
We have also added to the Limits of Insurance section to correspond with the ISO
Product Withdrawal Coverage Form.
CG 85 04 05 07 and CG 85 05 05 07 were created to provide increase limits for Product
Recall Expenses.

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 in
the 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 a
separate policy writing minimum premium (our competitive information indicates that
companies charge $500., $1,000. or higher Min. Premium).
We target small to medium size risks and our underwriting eliminates high hazard risks
from acceptability.
Larger risks and risks with higher hazard products require higher limits of coverage that
we 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 severe
exposures have found coverage in other specialty markets.
However, in order to address policy holder requests for higher limits, we are going to
increase our offering with options up to $100,000 per recall limit. This increase will not
attract those larger insureds that need high limits, but is being done to allow some slight
increases primarily due to inflationary factors to our smaller insureds.
We believe there is a correlation between products general liability losses and total
exposure to products recall reimbursement expenses, and unlike most forms in the
market, our endorsement does not:
1) Require a cut-off date,
2) exclude shelf life limitation,
3) exclude third party damages, fines and penalties, and
4) exclude pollution,
5) require a deductible, and
6) require insured percentage participation.
Because our proprietary form is an endorsement, we feel our coverage is broader that
most or all forms we have seen in the market.
We are filing rates and rating logic for per product recall/ product recall aggregate limits
of $50,000/$100,000.and for $100/000/$200,000. Our rating logic is more simplistic than
others we have seen, but that is partly because we do not write large complex products
exposures. Also, because this will be an endorsement rather than a separate policy, it
will be further modified by any schedule, IRPM, or experience factors applicable to the
General 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.

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 general
groupings by applying the ISO basic limits subline 336 general liability
loss 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 two
sets of limits desired.
i. Because products recall is a voluntary first party reimbursement,
and
ii. Because we are expanding coverage well beyond negligence to
also include all reasonable reasons for recall, even external product
tampering, and
iii. Because products recall does not require that injury has already
occurred, but provides a payment made without the traditional
injury or damage, and
iv. Because in our underwriting opinion there is not believed to be a
relationship between GL increased limit factors and first party
reimbursement without injury being required, and
We did consult with several of our agents and marketing representatives. There are few
companies writing this coverage. We identified one carrier in our market and found they
did offer with similar rates but applied a special minimum premium of $500. Our
coverage and structure is intended to be attractive to the smaller regional manufactures
with under $2,000,000 in gross sales. Underwriting eligibility will follow our GL
underwriting appetite. Application of our experience and judgment rating programs will
generally cause a downward movement to these rates and we anticipate the simplicity of
the form and rate structure to give us a sight expense savings.
We will assign internal coding for these limits and monitor the results for possible
adjustment in the future.
50/100 limits rate selection
Group I
Food
Products
in Airtight
containers
1.027

Description of assumption

We believe there is a correlation between


product general liability products loss
costs / rates between damage or injury GL
losses and the need to conduct a products
recall, we randomly selected a number of
average classes in each group and based
on those class, developed an average
products rate.

Group II
Food
Products not
in airtight
containers
.714

Group III
Retail Goods

Group IV
Other- No
retail
distributuion.

.992

.992*

Applied market typical average1.60


LCM
Adjusted with ISO table B (average)
decreased limit factor ( .73)
Applied average adjustment factor of .20
Retail factor ( applied 2.00 to Groups I
thru III**
Selected rate

1.643

1.142

1.587

1.587

1.199

.834

1.159

1.159

.240
.480

.167
.334

.232
.464

.232
N/A

.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 and
appetite.
Sample pricing RISKS WITH $1,000,000 TOTAL SALES:

Group I
Group II
Group III
Group IV

$480
$330
$460
$230.

Conclusion Notes Rates appear to be reasonable.


Without minimum premium we will be less expensive than other carriers we have
seen
Rates and premiums may vary based on judgment and/or experience credits
applied to the CGL (we have not seen any other carrier apply these credits to this
coverage).

7-1-07

4-3-07

17.0

The Ohio Casualty Insurance Company


American Fire and Casualty Company

Ohio

Rule 36. 5-07

CG 8337 05 07

Rule 36. 9-97

CG 8504 05 07
CG 8505 05 07

CG 8337 05 04

COMMERCIAL GENERAL LIABILITY


CG 83 37 05 07

Deleted: 04

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" is


initiated in the "coverage territory" during the policy period because:
(1)
(2)

c.

You determine that the "product withdrawal" is necessary; or


An authorized government entity has ordered you to conduct a "product
withdrawal".

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)

CG 83 37 05 07

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;

Includes Copyrighted Material of ISO Properties, Inc., with its permission.

Page 1 of 5

Deleted: 04

e.

(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.

"Product withdrawal expenses" incurred to withdraw "your products" which contain:


(1)
(2)

The same "defect" will be deemed to have arisen out of the same "product
withdrawal"; or
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)
(b)

(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.
B.

An error in manufacturing, design, processing or transportation of "your


product"; or
"Product tampering".

The defense of a claim or "suit" against you for "product withdrawal expenses".

For the purposes of this endorsement, Section III - Limits Of Insurance is replaced by the following:

Deleted:
CG 83 37 07 04

... [1]

Formatted: Font: 10 pt
Formatted: Body Text, Indent: Left:
1", First line: 0", Line spacing:
single

CG 83 37 05 07
Includes Copyrighted Material of ISO Properties, Inc., with its permission.
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.
b.
c.
d.
e.

2.

Page 3 of 5

Insureds;
"Product withdrawals" initiated;
Number of "your products" withdrawn;
Claims made or suits brought; or
Persons or organizations making claims or bringing "suits".

For the purposes of this endorsement, the Duties In The Event Of Occurrence, Claim Or Suit
Condition under Section IV - Conditions is replaced by the following:
2.

Deleted: pay

Deleted: or

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.

Deleted: Limits

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)
(2)
(3)

b.

How, when and where the "defect" was discovered;


The names and addresses of any injured persons and witnesses; and
The nature, location and circumstances of any injury or damage arising out of
use or consumption of "your product".

If a "product withdrawal" is initiated, you must:


(1)
(2)

Immediately record the specifics of the "product "withdrawal" and the date it was
initiated; and
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)
(2)
(3)

Immediately send us copies of pertinent correspondence received in connection


with the "product withdrawal";
Authorize us to obtain records and other information; and
Cooperate with us in our investigation of the "product withdrawal".

Formatted: Body Text Indent,


Indent: Left: 0", First line: 0"

CG 83 37 05 07
Includes Copyrighted Material of ISO Properties, Inc., with its permission.
D.
The following definitions are added to the Definitions Section:

Page 3 of 5

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.
b.
c.
d.
e.
f.
g.
h.

Costs of notification;
Costs of stationery, envelopes, production of announcements and postage or facsimiles;
Costs of overtime paid to your regular non-salaried employees and costs incurred by
your employees, including costs of transportation and accommodations;
Costs of computer time;
Costs of hiring independent contractors and other temporary employees;
Costs of transportation, shipping or packaging;
Costs of warehouse or storage space; or
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;

Deleted: 04

CG 83 37 05 07

2.

CG 83 37 05 07

Includes Copyrighted Material of ISO Properties, Inc., with its permission.

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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.

Deleted: 04

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.

Includes Copyrighted Material of ISO Properties, Inc., with its permission.

Page 5 of 5

Deleted: 04

Page 2: [1] Deleted

CG 83 37 07 04

Author
Includes Copyrighted Material of ISO Properties, Inc., with its permission.

Page 2 of 5

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

04/03/2007

CG 85 04 05
07.pdf

04/03/2007

CG 85 05 05
07.pdf

Extension Amendment of Limits of


Ins $50,000/100,000

No original date

Form

Manufacturers or Distributors
Extension Amendment of Limits of
Ins $100,000/200,000

No original date

Rate and Rule

Description of Addl Optional Endt - 04/03/2007


Manufacturers or Distributors
Extension

Created by SERFF on 08/25/2008 01:19 PM

Rule 36 NJ.pdf

NEW JERSEY 5-07


COMMERCIAL LINES MANUAL
DIVISION SIX
GENERAL LIABILITY
EXCEPTION PAGES
SECTION II
COVERAGE 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 a
manufacturer, distributor or other similar operations attach Manufacturers or Distributors
Extension Endorsement CG 83 37.
To provide additional Product Recall Expense limits attached Manufacturers Or Distributors
Extension Amendment Of Limits Of Insurance $50,000/$100,000 Endorsement CG 85 04 or
Manufacturers Or Distributors Extension Amendment Of Limits Of Insurance $100,000/$200,000
Endorsement 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 gross
sales.
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


50,000/100,000
100,000/200,000

Classification
00910
00911

Rate
.46
.63

Internal Code
311373
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

Product Recall Expense Limit


50,000/100,000
100,000/200,000

Classification
00912
00913

Rate
.48
.66

Internal Code
311399
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


50,000/100,000
100,000/200,000

Classification
00914
00915

Rate
.33
.45

Internal Code
311415
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 gross
sales.
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


50,000/100,000
100,000/200,000

The Ohio Casualty Insurance Company


West American Insurance Company
American Fire and Casualty Company

Classification
00916
00917

Rate
.23
.32

Internal Code
311431
311449

COMMERCIAL GENERAL LIABILITY


CG 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
Product Recall Aggregate Limit

$50,000
$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

COMMERCIAL GENERAL LIABILITY


CG 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.

CG 85 05 05 07

Includes Copyrighted Material of ISO Properties, Inc., with its permission.

Page 1 of 1