Figure: 30 TAC §37.9150
ENDORSEMENT FOR COMMERCIAL LIABILITY
1. This endorsement certifies that the policy to which the endorsement is attached provides commercial liability insurance coverage in connection with the Insured’s obligation to demonstrate financial responsibility under 30 Texas Administrative Code (TAC) §37.9100 (relating to Commercial Liability Insurance). The coverage applies at (list permit number if known, name, and physical and mailing addresses for each facility) for bodily injury and property damage as a result of Class B sewage sludge land application at the above described locations. The limits of liability are $3,000,000 (Three Million U.S. dollars) per occurrence and $3,000,000 (Three Million U.S. dollars) annual aggregate of the Insurer’s liability, exclusive of legal defense costs.
2. The insurance afforded with respect to such occurrences is subject to all of the terms and conditions of the policy provided, however, that any provisions of the policy inconsistent with subparagraphs (A) - (H) of this paragraph are hereby amended to conform with subparagraphs (A) - (H).
(A) It guarantees bodily injury and property damage protection by allowing compensation to persons injured or property damaged as a result of Class B sewage sludge land application and entitled to compensation under the applicable provisions of state law.
(B) Bankruptcy or insolvency of the Insured shall not relieve the Insurer of its obligations under the policy to which this certificate of insurance is attached.
(C) The Insurer is liable for the payment of amounts within any deductible applicable to the policy, with a right of reimbursement from the Insured for any such payment made by the Insurer.
(D) Cancellation of the insurance, whether by the Insurer, the Insured, or a parent corporation providing insurance coverage for its subsidiary or by a firm having an insurable interest in and obtaining liability insurance on behalf of the owner or operator of the facility, will be effective only upon written notice and only after the expiration of 60 days after a copy of such written notice is received by the executive director.
(E) Any other termination of this certificate of insurance will be effective only upon written notice and only after the expiration of 30 days after a copy of such written notice is received by the executive director.
(F) Whenever requested by the executive director, the Insurer agrees to furnish to the executive director a signed duplicate original of the policy and all endorsements.
(G) The Insurer shall notify the executive director within 30 days by certified mail in the event the insurance policy expires or is not renewed unless prior notice has been given in accordance with 30 TAC §37.9100 (relating to Commercial Liability Insurance).
(H) The Texas Commission on Environmental Quality is designated as an additional insured.
Attached to and forming part of policy No._____________ issued by (name of Insurer), herein called the Insurer, of (address of Insurer) to (name of Insured) of (address of Insured) this ____ day of (month, year). The effective date of said policy is (date).
I hereby certify that the wording of this endorsement is identical to the wording specified in 30 TAC §37.9150 (relating to Endorsement for Commercial Liability) as such regulation was constituted on the date shown immediately below. The undersigned Insurer certifies that it is authorized to transact or be a surplus lines insurer eligible to engage in the business of insurance in Texas and it has a minimum financial strength rating of A- as assigned by the A.M. Best Company.
Signature of Authorized Representative of Insurer: _____________________________________
Date: ____________________
Type Name: ___________________________________________________
Title: __________________, Authorized Representative of (name of Insurer)
Address of Representative: _______________________________________