Insurance. Contractor, at its sole cost and expense (including the cost of all deductibles), shall procure and maintain in force during the term of this Agreement the following insurance coverages which shall apply independently of indemnity obligations contained within these Terms and Conditions.
- Workers Compensation insurance as required by law for all employees, agents and subcontractors of Contractor; and, Employer’s Liability insurance in an amount not less than $1,000,000 each accident. Such insurance shall provide coverage in the location in which the work is performed and the location in which the Contractor is domiciled. Wherethere is an exposure of injury or illness under the U.S. Longshore and Harbor Workers Compensation Act (including the Outer Continental Shelf Lands Act), the Jones Act, Admiralty Act, Death on the High Seas Act and/or other statutes applicable to maritime employees, Contractor agrees to maintain insurance for such injuries or illnesses, and to provide evidence of such insurance as applicable.
- Commercial General Liability insurance, on a per occurrence basis, endorsed to cover premises, operations, products/completed operations, personal injury and contractual liability; at a minimum limit of $5,000,000 any one accident or occurrence. Coverage can be provided as a combination of Commercial General Liability and Excess/Umbrella Liability insurance.
- Automobile Liability insurance, covering Contractor’s owned, rented, leased, non-owned and hired vehicles; Limits of liability not less than $1,000,000 any one occurrence.
- Professional Liability/Tech Errors & Omissions Liability insurance with limits not less than $5,000,000 any one occurrence.
- Cyber Liability/Data Privacy Liability Insurance (also referred to as Network Security Liability Insurance) with limits of liability not less than $5,000,000 any one claim or occurrence. Coverage shall include, but not be limited to:
- coverage for Crowley’s financial loss arising directly from a hacking attack or virus that has emanated from or passed through Crowley’s computer systems; or financial loss arising directly from the inability to access the computer systems as a direct result of Contractor’s computer systems’ failure or impairment, due to a hacking attack or virus; or Crowley’s financial loss arising directly from the loss or theft of data for which Contractor is responsible or held to be responsible; and
- coverage for any breach of any individual privacy rights, unintentional disclosure of personal information, failure to maintain the security of personally identifiable and personal health information including credit card information for which Crowley is responsible, violation of any legal obligation relating to the security of personal information, or failure to warn of an actual or potential theft of personal information; or a breach of any rights of confidentiality.
The Workers Compensation/Employers Liability insurance policy shall be endorsed to waive all rights of subrogation against Crowley, along with an endorsement providing Crowley with thirty (30) days advance written notice of cancellation. Contractors in states with “State Fund” Workers Compensation must provide proof of coverage through the State Fund.
Commercial General Liability Insurance and Automobile Liability Insurance shall be endorsed to name Crowley, its parent, subsidiary or affiliated companies and their shareholders, officers, directors, agents and employees as Additional Insureds with a Waiver of Subrogation, along with an endorsement providing Crowley with thirty (30) days advance written notice of cancellation.
Contractor shall require their subcontractors (if any) performing hereunder, if any, to maintain insurance of the types and amounts required of Contractor. Policies of Contractor shall be primary to any insurance carried by or available to Crowley and any “other insurance” clauses under Contractor’s policies shall be amended accordingly. Should Contractor fail to procure or maintain any of these insurance coverages, or by any act or omission vitiate or invalidate any of the aforesaid insurance coverages, Contractor shall pay to Crowley all losses and indemnify Crowley against all claims and demands which would otherwise have been covered by such insurance. Irrespective of the requirements as to insurance to be carried by Contractor or their subcontractors as provided herein, insolvency, bankruptcy, or failure of any insurance company to pay all claims accruing shall not be held to relieve Contractor of any of its obligations.
Such insurance shall be written with Insurers carrying no less than an “A” rating from A.M. Best’s. Commencement of operations without receipt of the required Certificates of Insurance shall not constitute a waiver of the obligation of the Contractor to maintain the required insurance coverages and to provide Crowley with Certificates of Insurance (at the following address):
[Crowley Maritime Corporation]
Attn: Risk Management Department
9487 Regency Square Boulevard
Jacksonville, FL 32225
Fax: (904) 805-1639