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POLICY NUMBER CPP850079A CY NUMBER CPP850079A COMMERCIAL GENERAL LIABILITY CG 2504 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATIONS GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Locations ALL OWNED RENTED AND LEASED LOCATIONS Information required to complete this Schedule if not shown above will be shown in the Declarations. LL OWNED RENTED AND LEASED LOCATIONS b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated location shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence Damage To Premises Rented To You and Medical Expense continue to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such limits will be subject to the applicable Designated Location General Aggregate Limit. A. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can be attributed only to operations at a single designated location shown in the Schedule above 1. A separate Designated Location General Aggregate Limit applies to each designated location and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and for medical expenses under Coverage C regardless of the number of a. Insureds CG 2504 05 09 Insurance Services Office Inc. 2008 Insured Copy Page 10f 2 m | 2 |
C. When coverage for liability arising out of the products completed operations hazardis provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products completed Operations Aggregate Limit and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit. D. For the purposes of this endorsement the Definitions Section is amended by the addition of the following definition Location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad. E. The provisions of Section Ill Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. B. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can not be attributed only to operations at a single designated location shown in the Schedule above 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Designated Location General Aggregate Limit. Page 2 of 2 Insurance Services Office Inc. 2008 Insured Copy CG 25 04 05 09 o | 2 |
THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. FELLOW EMPLOYEE BODILY INJURY LIABILITY COVERAGE This endorsement modifies insurance provided under the following Commercial General Liability Coverage Form Section Il. Who Is An Insured Paragraph 2.a. is deleted and replaced by the following 2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 2 Personal and advertising injury a b d To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs 1 a or b above or Arising out of his or her providing or failing to provide professional health care services. Property damage to property a b Owned occupied or used by Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. CGLB043 0607 Page 1 of 1 Insured Copy | 2 |
THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. BROAD POLLUTION COVERAGE MOBILE EQUIPMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Subparagraph 1di of Exclusion f. Pollution of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted and replaced by the following coverage Bodily injury or property damage you legally become obligated to pay as damages or any loss cost or expense arising out of any request demand order claim or suit by or on behalf of any person or entity including any governmental agency or authority demanding that you or others test for monitor clean up remove contain treat detoxify or neutralize pollutants or in any way respond to or assess the effects of pollutants arising from the following M The discharge dispersal escape or release of fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of covered mobile equipment or its parts if the pollutants escape seep migrate or are discharged dispersed or released directly from a mobile equipment part designed by its manufacturer to hold store receive or dispose of such pollutants. The discharge dispersal escape or release of pollutants caused by accidents involving covered mobile equipment if a the mobile equipment in which the pollutants are contained collides upsets or overturns and b the discharge dispersal seepage migration release or escape of the pollutants is caused directly by such collision upset or overturn. The discharge dispersal escape or release of pollutants caused by accidents involving covered mobile equipment before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto the covered mobile equipment or after the pollutants or any property in which the pollutants are contained are moved from covered mobile equipment to the place where they are finally delivered disposed of or abandoned by the insured if a the pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of covered mobile equipment and b the discharge dispersal release or escape of the pollutants is caused directly by such upset overturn or damage. The discharge dispersal escape or release of pollutants being transported or towed by or handled for movement into onto or from the covered mobile equipment. This coverage does not apply to pollutants a Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted for movement into or onto the covered mobile equipment. b After the pollutants or any property in which the pollutants are contained are moved from the covered mobile equipment to the place where they are finally delivered disposed of or abandoned by the insured or c Inwhich you have accepted liability under a contract or agreement. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. CGLBO049 0512 Page 1 of 1 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION MODIFICATION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. POLLUTION CLARIFICATION The following is added to Subparagraph f. Pollution of Paragraph 2. Exclusions under SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and to Subparagraphs m. Pollution and n. Pollution related of Paragraph 2. Exclusions under SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY or to any amendment to or replacement thereof This exclusion applies even if the pollutants have a function in your business operations premises site or location. B. The definition of Pollutants under SECTION V DEFINITIONS is deleted and replaced by 15. Pollutants mean a. Any organic or inorganic substance or material that is a solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke vapor soot dust fumes acids alkalis chemicals fibers particles sludge by products biofuels herbicides pesticides insecticides fertilizers and all other similar chemicals and waste. b. Waste includes but is not limited to 1 materials that have been or are to be recycled reconditioned or reclaimed or 2 the excrement of livestock poultry or other animals. c. Pollutants also include gasoline diesel fuel all other petroleum products and their derivatives. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. Includes copyrighted material of Insurance Services Office Inc.. withits permission. CGLB096 0413 Page 1 of 1 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HERBICIDE PESTICIDE OR FERTILIZER APPLICATOR COVERAGE EXCLUDES COVERAGE FOR ANY AERIAL APPLICATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE LIMITS OF INSURANCE 1000000 Each Occurrence Limit 2000000 Crop Application Aggregate Limit DEDUCTIBLE 25000 Crop Application Deductible 1. Forthe purpose of this endorsement a. Paragraph 1d of Exclusion f. Pollution of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply to bodily injury or property damage arising out of the application of herbicides pesticides fertilizers or other similar chemicals. b. Paragraph 5 of Exclusion j. Damage to Property of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply to property damage arising out of the application of herbicides pesticides fertilizers or other similar chemicals. c. Paragraph 6 of Exclusion j. Damage to Property of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply to property damage arising out of the application of herbicides pesticides fertilizers or other similar chemicals. 2. The coverage provided by this endorsement does not apply to a. Liability for bodily injury or property damage arising out of the application of herbicides pesticides fertilizers or other similar chemicals by any aircraft. b. Liability arising from the failure to apply or to timely apply herbicides pesticides fertilizers or other similar chemicals by you or on your behalf. c. Liability caused by resulting from or arising out of the contamination of any watercourse body of water whether above or below ground aquifer or underground resource. d. The application of herbicides pesticides fertilizers or other similar chemicals for a purpose other than crop production activities kiling repelling or controlling pests rodents or insects or kiling or controlling weeds. e. The intentional violation of any federal state or local regulation license or manufacturer s label requirements governing the use or application of herbicides pesticides fertilizers or other similar chemicals. Includes copyrighted material of Insurance Services Office Inc.. withits permission. CGLB128 0413 Page 1 of 2 Insured Copy | 2 |
f. COMMERCIAL GENERAL LIABILITY The intentional use or recommendation of herbicides pesticides fertilizers or other similar chemicals other than as specified by the manufacturer. With respect to coverage provided by this endorsement a. Our obligation to pay for damages on your behalf applies only to the amount of damages in excess of the Crop Application Deductible shown in the Schedule above. This deductible applies per occurrence. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification of the action taken you agree to promptly reimburse us for such part of the deductible amount as has been paid by us. Limits of Insurance a. The Each Occurrence Limit stated in the Schedule above is the most we will pay under the coverage provided by this endorsement because of all bodily injury and property damage arising out of any one occurrence subject to the Crop Application Aggregate Limit stated in the Schedule above. The Crop Application Aggregate Limit stated in the Schedule above is the most we will pay for bodily injury and property damage under the coverage provided by this endorsement during the policy period and is included in and is not in addition to the General Aggregate Limit or the Products Completed Operations Aggregate Limit shown in the Declarations whichever is applicable. These limits do not apply as additional amounts of insurance. Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under the coverage provided by this endorsement. Claims Reporting Requirements Coverage afforded by this endorsement applies only to bodily injury and property damage reported by you to us within 30 days after you receive actual knowledge of loss or damage. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. Includes copyrighted material of Insurance Services Office Inc.. withits permission. CGLB128 0413 Page 2 of 2 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY This insurance does not apply to bodily injury property damage or personal and advertising injury due to the insured s rendering of or failure to render any professional service. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional service. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. Includes copyrighted material of Insurance Services Office Inc.. withits permission. CG2116 0413 CGLB132 0413 Page 1 of 1 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CARE CUSTODY OR CONTROL MODIFICATION TRANSPORTATION OF FARM COMMODITIES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART For the purposes of coverage provided by this endorsement Paragraph 4 of Exclusion 2. j. Damage To Property of SECTION COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted and replaced by the following Personal property in the care custody or control of the insured except for autos farm tractors farm implements locomotives and railroad cars when used in the transportation of farm commodities and while on your premises or the ways immediately adjoining ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. Includes copyrighted material of Insurance Services Office Inc. with its permission. Insured Copy CGLB152 1114 Page 1 0of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MOBILE EQUIPMENT MODIFICATION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The definition of mobile equipment under SECTION V DEFINITIONS is amended to include Mobile equipment does not include locomotives railroad cars or similar rolling stock designed for and used on railroad tracks. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. Includes copyrighted material of Insurance Services Office Inc. with its permission. CGLB153 1114 Page 1 0of 1 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA RELATED DUST EXCLUSION LIMITED EXCEPTION FOR INGESTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions This insurance does not apply to Silica Or Silica Related Dust a. Bodily injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of or ingestion of silica or silica related dust. However this exclusion does not apply to ingestion of silica or silica related dust that is on or contained in an edible good or edible product intended for human consumption. b. Property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to existence of or presence of silica or silica related dust. However this exclusion does not apply to ingestion of silica or silica related dust that is on or contained in an edible good or edible product intended for animal consumption. c. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity. B. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions This insurance does not apply to Silica Or Silica Related Dust a. Personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of silica or silica related dust. b. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity. C. The following definitions are added to the DEFINITIONS Section 1. Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. 2. Silica related dust means a mixture or combination of silica and other dust or particles. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. Includes copyrighted material of Insurance Services Office Inc. with its permission. Insured Copy CGLB159 0116 Page 1of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule of endorsement provisions NEWLY ACQUIRED OR FORMED ENTITIES NON OWNED WATERCRAFT LIABILITY DAMAGE TO PREMISES RENTED TO YOU EXPECTED OR INTENDED INJURY REASONABLE FORCE BODILY INJURY OR PROPERTY DAMAGE SUPPLEMENTARY PAYMENTS BAIL BONDS SUPPLEMENTARY PAYMENTS LOSS OF EARNINGS UNINTENTIONAL ERRORS AND OMISSIONS OMmMoOowp With respect to coverage provided by this endorsement the provisions of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM apply unless modified by this endorsement. A. NEWLY ACQUIRED OR FORMED ENTITIES The following replaces Paragraph 3.a. of SECTION Il WHO IS AN INSURED a. Coverage under this provision is afforded only until the 180 day after you acquire or form the organization or the end of the policy period whichever is earlier. B. NON OWNED WATERCRAFT LIABILITY Paragraph 2a. of Exclusion g. Aircraft Auto Or Watercraft under Paragraph 2. Exclusions of SECTION COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted and replaced by a Less than 50 feet long and C. DAMAGE TO PREMISES RENTED TO YOU 1. The following replaces the last paragraph of Paragraph 2. Exclusions under SECTION COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY If Damage To Premises Rented To You is not otherwise excluded exclusions c. through n. do not apply to damage by fire lightning explosion or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION lll LIMITS OF INSURANCE. Includes copyrighted material of Insurance Services Office Inc. with its permission. CGLB165 0317 Page 10f 3 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY 2. Paragraph 6. of SECTION Il LIMITS OF INSURANCE is deleted and replaced by 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you. However in the case of damage by Fire Lightning Explosion Leakage from automatic fire protective systems or Any combination of these soopow to any one premises while rented to you or temporarily occupied by you with the permission of the owner the most we will pay is The Damage To Premises Rented To You Limit listed in the Declarations. 3. The following replaces Paragraph a. of the definition of insured contract in SECTION V DEFINITIONS a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by 1 Fire 2 Lightning 3 Explosion 4 Leakage from automatic fire protective systems or 5 Any combination of these to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract D. EXPECTED OR INTENDED INJURY REASONABLE FORCE BODILY INJURY OR PROPERTY DAMAGE Exclusion a. Expected Or Intended Injury under 2. Exclusions of SECTION COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted and replaced by a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. E. SUPPLEMENTARY PAYMENTS BAIL BONDS Paragraph 1.b. of SUPPLEMENTARY PAYMENTS COVERAGES A AND B under SECTION COVERAGES is deleted and replaced by b. Up to 2500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. Includes copyrighted material of Insurance Services Office Inc. with its permission. CGLB165 0317 Page 2 of 3 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY F. SUPPLEMENTARY PAYMENTS LOSS OF EARNINGS Paragraph 1.d. of SUPPLEMENTARY PAYMENTS COVERAGES A AND B under SECTION COVERAGES is deleted and replaced by d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 500 a day because of time off from work. G. UNINTENTIONAL ERRORS AND OMISSIONS The following condition is added to SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Failure by you to disclose to us all hazards existing as of the inception date of this policy shall not prejudice us with respect to the coverage afforded by this policy provided such error or omission is not intentional. This provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. Includes copyrighted material of Insurance Services Office Inc. with its permission. CGLB165 0317 Page 30of 3 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF BODILY INJURY DEFINITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The definition of bodily injury under SECTION V DEFINITIONS is deleted and replaced by 3. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Bodily injury includes mental anguish or other mental injury resulting from bodily injury. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. Includes copyrighted material of Insurance Services Office Inc. with its permission. CGLB166 0317 Page 1 0of 1 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BROAD NAMED INSURED ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM It is agreed that Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any business entity incorporated or organized under the laws of the United States of America including any State thereof its territories or possessions or Canada including any Province thereof in which the Named Insured shown in the Declarations owns during the policy period an interest of more than 50 percent. If other valid and collectible insurance is available to any business entity covered by this policy solely by reason of ownership by the Named Insured shown in the Declarations in excess of 50 percent this insurance is excess over the other insurance whether primary excess contingent or on any other basis. CGLB307 1109 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF OCCURRENCE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Condition 2. Duties in the Event of Occurrence Offense Claim or Suit of Section IV Conditions is deleted and replaced by the following 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable after the Risk Manager or such person designated as responsible for insurance related matters at the insured s headquarters has knowledge of an occurrence or an offense regardless of the amount which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. Ifaclaim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 You must notify us and see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. For the purposes of the coverage provided by this endorsement you shall presumed to have knowledge of the occurrence or offense when it has been reported to the Risk Manager or other person designated as responsible for insurance related matters. CGLB308 1109 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS ELECTRO MAGNETIC EMISSIONS LEAD AND RADON EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following exclusions are added to Paragraph 2. Exclusions of Section ICoverage A Bodily Injury And Property Damage and to Paragraph 2. Exclusions of Section I Coverage B Personal and Advertising Injury This insurance does not apply to Bodily injury property damage or personal and advertising injury arising out of any of the following 1. Asbestos orany asbestos related injury or damage including but not limited to any injury or damage arising out of or alleged to have arisen out of any act error omission failure to warn or failure to disclose the presence of asbestos or other duty involving asbestos its use exposure existence detection removal elimination or avoidance. Electro magnetic emissions or radiation related injury or damageincluding but not limited to any injury or damage arising out of or alleged to have arisen out of any act error omission failure to warn or other duty involving any electro magnetic emissions or radiation from any exposure to or any use existence detection removal elimination or avoidance of electrical energy. Lead orany lead related injury or damage including but not limited to any injury or damage arising out of or alleged to have arisen out of any act error omission failure to warn or other duty involving lead or lead products their use exposure existence detection removal elimination or avoidance. Radon or any other radioactive emissions manmade or natural or any related injury or damage including but not limited to any injury or damage arising out of or alleged to have arisen out of any act error omission failure to warn or other duty involving radon orany other radioactive emissions their use exposure existence detection removal elimination or avoidance. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. CGLB310 0110 Page 1 of 1 Insured Copy Page 1 of 1 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIRD PARTY CANCELLATION NOTIFICATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Policy Term 05 31 2021 to 05 31 2022 Policy Number CPP850079A Name of Person or Organization PROGRESSIVE RAIL INC ATTENTION LEGAL Mailing Address 21778 HIGHVIEW AVENUE LAKEVILLE MN 55044 nan nan nan nan 10.0 nan 30.0 Number of days advance notice of cancellation for nonpayment of premium Number of days advance notice if we cancel for any other reason days days Cancellation Notification In the event we cancel before expiration of the policy term we agree to mail or deliver notification to the first Named Insured and the person or organization shown in the SCHEDULE above. The notification will be sent to the mailing address listed above. If notice is mailed proof of mailing will be sufficient proof of notice. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. CGLB326 0116 Page 1 of 2 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIRD PARTY CANCELLATION NOTIFICATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Policy Term 05 31 2021 to 05 31 2022 Policy Number CPP850079A Name of Person or Organization TRINITY INDUSTRIES LEASING COMPANY Mailing Address 2525 STEMMONS FREEWAY DALLAS TX 75207 nan nan nan nan 10.0 nan 30.0 Number of days advance notice of cancellation for nonpayment of premium Number of days advance notice if we cancel for any other reason days days Cancellation Notification In the event we cancel before expiration of the policy term we agree to mail or deliver notification to the first Named Insured and the person or organization shown in the SCHEDULE above. The notification will be sent to the mailing address listed above. If notice is mailed proof of mailing will be sufficient proof of notice. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. CGLB326 0116 Page 2 of 2 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY Cyber Suite Coverage Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Throughout this Coverage Endorsement hereinafter referred to as Cyber Coverage the words you and your refer to the Named Insureds shown in the Cyber Suite Supplemental Declarations of this Cyber Coverage and any other persons or organizations qualifying as a Named Insured under this Cyber Coverage. The words we us and our refer to the company providing this insurance. Other words and phrases that appear in quotations have special meaning. Refer to DEFINITIONS. The terms and conditions of the Cancellation Clause of the Common Policy Conditions and any amendment to such terms incorporated by endorsement are hereby incorporated herein and shall apply to coverage as is afforded by this Cyber Coverage unless specifically stated otherwise in an endorsements attached hereto. A. COVERAGE This section lists the coverages that apply if indicated in the Cyber Suite Supplemental Declarations. 1. Data Compromise Response Expenses a. Data Compromise Response Expenses applies only if all of the following conditions are met 1 There has been a personal data compromise and 2 Such personal data compromise took place in the coverage territory and 3 Such personal data compromise is first discovered by you during the policy period and 4 Such personal data compromise is reported to us as soon as practicable but in no event more than 60 days after the date it is first discovered by you. b. If the conditions listed in a. above have been met then we will provide coverage for the following expenses when they arise directly from such personal data compromise and are necessary and reasonable. Items 4 and 5 below apply only if there has been a notification of the personal data compromise to affected individuals as covered under item 3 below. 1 Forensic IT Review We will pay for a professional information technologies review if needed to determine within the constraints of what is possible and reasonable the nature and extent of the personal data compromise and the number and identities of the affected individuals. This does not include costs to analyze research or determine any of the following a Vulnerabilities in systems procedures or physical security b Compliance with Payment Card Industry or other industry security standards or c The nature or extent of loss or damage to data that is not personally identifying information or personally sensitive information. If there is reasonable cause to suspect that a covered personal data compromise may have occurred we will pay for costs covered under Forensic IT Review even if it is eventually determined that there was no covered personal data compromise. However once it is determined that there was no covered personal data compromise we will not pay for any further costs. Legal Review We will pay for a professional legal counsel review of the personal data compromise and how you should best respond to it. If there is reasonable cause to suspect that a covered personal data compromise may have occurred we will pay for costs covered under Legal Review even if it is eventually determined that there was no covered personal data compromise. However once it is determined that there was no covered personal data compromise we will not pay for any further costs. Notification to Affected Individuals We will pay your necessary and reasonable costs to provide notification of the personal data compromise to affected individuals. 3 CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 1 of 19 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY 4 Services to Affected Individuals We will pay your necessary and reasonable costs to provide the following services to affected individuals. Services c and d below apply only to affected individuals from personal data compromise events involving personally identifying information. a Informational Materials A packet of loss prevention and customer support information. b Help Line A toll free telephone line for affected individuals with questions about the personal data compromise. Where applicable the line can also be used to request additional services as listed in c and d below. c Credit Report and Monitoring A credit report and an electronic service automatically monitoring for activities affecting an individual s credit records. This service is subject to the affected individual enrolling for this service with the designated service provider. d Identity Restoration Case Management As respects any affected individual who is or appears to be a victim of identity theft that may reasonably have arisen from the personal data compromise the services of an identity restoration professional who will assist that affected individual through the process of correcting credit and other records and within the constraints of what is possible and reasonable restoring control over his or her personal identity. 5 Public Relations We will pay for a professional public relations firm review of and response to the potential impact of the personal data compromise on your business relationships. This includes necessary and reasonable costs to implement public relations recommendations of such firm. This may include advertising and special promotions designed to retain your relationship with affected individuals. However we will not pay for a Promotions provided to any of your directors or employees or b Promotion costs exceeding 25 per affected individual. 6 Regulatory Fines and Penalties We will pay for any fine or penalty imposed by law to the extent such fine or penalty is legally insurable under the law of the applicable jurisdiction. 7 PCI Fines and Penalties We will pay for any Payment Card Industry fine or penalty imposed under a contract to which you are a party. PCl Fines and Penalties do not include any increased transaction costs. 2. Computer Attack a. Computer Attack applies only if all of the following conditions are met 1 There has been a computer attack and 2 Such computer attack occurred in the coverage territory and 3 Such computer attack is first discovered by you during the policy period and 4 Such computer attack is reported to us as soon as practicable but in no event more than 60 days after the date it is first discovered by you. b. If the conditions listed in a. above have been met then we will provide you the following coverages for loss directly arising from such computer attack. 1 Data Restoration We will pay your necessary and reasonable data restoration costs. 2 Data Re creation We will pay your necessary and reasonable data re creation costs. 3 System Restoration We will pay your necessary and reasonable system restoration costs. CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 2 of 19 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY 4 Loss of Business We will pay your actual business income and extra expense loss incurred during the period of restoration. 5 Extended Income Recovery If you suffer a covered business income and extra expense loss resulting from a computer attack on a computer system owned or leased by you and operated under your control we will pay your actual extended income loss. Public Relations If you suffer a covered business income and extra expense loss we will pay for the services of a professional public relations firm to assist you in communicating your response to the computer attack to the media the public and your customers clients or members. Cyber Extortion c. Cyber Extortion applies only if all of the following conditions are met 1 There has been a cyber extortion threat and 2 Such cyber extortion threat is first made against you during the policy period and 3 Such cyber extortion threat is reported to us as soon as practicable but in no event more than 60 days after the date it is first made against you. If the conditions listed in a. above have been met then we will pay for your necessary and reasonable cyber extortion expenses arising directly from such cyber extortion threat. The payment of cyber extortion expenses must be approved in advance by us. We will not pay for cyber extortion expenses that have not been approved in advance by us. We will not unreasonably withhold our approval. You must make every reasonable effort not to divulge the existence of this Cyber Extortion coverage. Misdirected Payment Fraud b. Misdirected Payment Fraud applies only if all of the following conditions are met 1 There has been a wrongful transfer event against you 2 Such wrongful transfer event took place in the coverage territory 3 Such wrongful transfer event is first discovered by you during the policy period 4 Such wrongful transfer event is reported to us as soon as practicable but in no event more than 60 days after the date it is first discovered by you and 5 Such wrongful transfer event is reported in writing by you to the police. If the conditions listed above in a. have been met then we will pay your necessary and reasonable wrongful transfer costs arising directly from the wrongful transfer event. Computer Fraud b. Computer Fraud applies only if all of the following conditions are met 1 There has been a computer fraud event against you and 2 Such computer fraud event took place in the coverage territory and 3 Such computer fraud event is first discovered by you during the policy period and 4 Such computer fraud event is reported to us within 60 days after the date it is first discovered by you and 5 Such computer fraud event is reported in writing by you to the police. If the conditions listed in a. above have been met then we will pay your necessary and reasonable computer fraud costs arising directly from the computer fraud event. Data Compromise Liability Data Compromise Liability applies only if all of the following conditions are met 1 During the policy period or any applicable Extended Reporting Period you first receive notice of one of the following a A claim or CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 3 of 19 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY b A regulatory proceeding. 2 Such claim or regulatory proceeding must arise from a personal data compromise that a Took place during the coverage term b Took place in the coverage territory and c Was submitted to us and insured under Data Compromise Response Expenses. 3 Such claim is reported to us as soon as practicable but in no event more than 60 days after the date it is first received by you. b. If the conditions listed in a. above have been met then we will pay on your behalf any covered 1 Loss directly arising from the claim or 2 Defense costs directly arising from a regulatory proceeding. c. All claims and regulatory proceedings arising from a single personal data compromise or interrelated personal data compromises will be deemed to have been made at the time that notice of the first of those claims or regulatory proceedings is received by you. Network Security Liability a. Network Security Liability applies only if all of the following conditions are met 1 During the policy period or any applicable Extended Reporting Period you first receive notice of a claim which arises from a network security incident that a Took place during the coverage term and b Took place in the coverage territory and 2 Such claim is reported to us as soon as practicable but in no event more than 60 days after the date it is first received by you. b. If the conditions listed in a. above have been met then we will pay on your behalf any covered loss directly arising from the claim. c. All claims arising from a single network security incident or interrelated network security incidents will be deemed to have been made at the time that notice of the first of those claims is received by you. Electronic Media Liability a. Electronic Media Liability applies only if all of the following conditions are met 1 During the policy period or any applicable Extended Reporting Period you first receive notice of a claim which arises from an electronic media incident that a Took place during the coverage term and b Took place in the coverage territory and 2 Such claim is reported to us as soon as practicable but in no event more than 60 days after the date it is first received by you. b. If the conditions listed in a. above have been met then we will pay on your behalf any covered loss directly arising from the claim. c. Allclaims arising from a single electronic media incident or interrelated electronic media incidents will be deemed to have been made at the time that notice of the first of those claims is received by you. Identity Recovery a. Identity Recovery applies only if all of the following conditions are met 1 There has been an identity theft involving the personal identity of an identity recovery insured under this Cyber Coverage and 2 Such identity theft took place in the coverage territory and 3 Such identity theft is first discovered by the identity recovery insured during the policy period and 4 Such identity theft is reported to us within 60 days after it is first discovered by the identity recovery insured. CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 4 of 19 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY b. If the conditions listed in a. above have been met then we will provide the following to the identity recovery insured 1 Case Management Service We will pay for the services of an identity recovery case manager as needed to respond to the identity theft and 2 Expense Reimbursement We will pay for reimbursement of necessary and reasonable identity recovery expenses incurred as a direct result of the identity theft. B. EXCLUSIONS The following additional exclusions apply to this coverage We will not pay for costs or loss arising from the following 1. 2. Nuclear reaction or radiation or radioactive contamination however caused. War and military action including any of the following and any consequence of any of the following a. War including undeclared or civil war b. Warlike action by military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. Insurrection rebellion revolution usurped power political violence or action taken by governmental authority in hindering or defending against any of these. Failure or interruption of or damage to any electrical power supply network or telecommunications network not owned and operated by you including but not limited to the internet internet service providers Domain Name System DNS service providers cable and wireless providers internet exchange providers search engine providers internet protocol networks and similar networks that may have different designations and other providers of telecommunications or internet infrastructure. Any attack on incident involving or loss to any computer or system of computers that is not a computer system. Costs to research or correct any deficiency. Any fines or penalties other than those explicitly covered under Data Compromise Response Expenses. Any criminal investigations or proceedings. Your intentional or willful complicity in a covered loss event. Your reckless disregard for the security of your computer system or data including confidential or sensitive information of others in your care custody or control. Any criminal fraudulent or dishonest act error or omission or any intentional or knowing violation of the law by you. Any personal data compromise computer attack cyber extortion threat wrongful transfer event computer fraud event or wrongful act occurring before the coverage term.. That part of any claim seeking any non monetary relief. However this exclusion does not apply to defense costs arising from an otherwise insured wrongful act. The propagation or forwarding of malware including viruses worms Trojans spyware and keyloggers in connection with hardware or software created produced or modified by you for sale lease or license to third parties. 14. Any oral or written publication of material if done by you or at your direction with knowledge of its falsity. 15. Property damage or bodily injury other than mental anguish or mental injury alleged in a claim covered 16. 17. 18. under Electronic Media Liability. The theft of a professional or business identity. Any fraudulent dishonest or criminal act by an identity recovery insured or any person aiding or abetting an identity recovery insured or by any authorized representative of an identity recovery insured whether acting alone or in collusion with others. However this exclusion will not apply to the interests of an identity recovery insured who has no knowledge of or involvement in such fraud dishonesty or criminal act. An identity theft that is not reported in writing to the police. CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 5 of 19 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY C. LIMITS OF INSURANCE 1. Aggregate Limits Except for post judgment interest the Annual Aggregate Limit for each coverage section shown in the Cyber Suite Supplemental Declarations is the most we will pay for all loss under that coverage section in any one policy period or any applicable Extended Reporting Period. The Annual Aggregate Limit shown in the Cyber Suite Supplemental Declarations applies regardless of the number of insured events first discovered or claims or regulatory proceedings first received during the policy period or any applicable Extended Reporting Period. 2. Coverage Sublimits a. Data Compromise Sublimits The most we will pay under Data Compromise Response Expenses for Forensic IT Review Legal Review Public Relations Regulatory Fines and Penalties and PCI Fines and Penalties coverages for loss arising from any one personal data compromise is the applicable sublimit for each of those coverages shown in the Cyber Suite Supplemental Declarations. These sublimits are part of and not in addition to the Data Compromise Response Expenses Annual Aggregate Limit shown in the Cyber Suite Supplemental Declarations. Public Relations coverage is also subject to a limit per affected individual as described in A.1.b.5. b. Computer Attack Sublimits The most we will pay under Computer Attack for Loss of Business and Extended Income Recovery coverages for loss arising from any one computer attack is the applicable Loss of Business sublimit shown in the Cyber Suite Supplemental Declarations. The most we will pay under Computer Attack for Public Relations coverage for loss arising from any one computer attack is the applicable Public Relations sublimit shown in the Cyber Suite Supplemental Declarations. These sublimits are part of and not in addition to the Computer Attack Annual Aggregate Limit shown in the Cyber Suite Supplemental Declarations. c. Cyber Extortion Sublimit The most we will pay under Cyber Extortion coverage for loss arising from one cyber extortion threat is the applicable sublimit shown in the Cyber Suite Supplemental Declarations. This sublimit is part of and not in addition to the Computer Attack Annual Aggregate Limit shown in the Cyber Suite Supplemental Declarations. d. Misdirected Payment Fraud Sublimit The most we will pay under Misdirected Payment Fraud coverage for loss arising from one wrongful transfer event is the applicable sublimit shown in the Cyber Suite Supplemental Declarations. This sublimit is part of and not in addition to the Computer Attack Annual Aggregate Limit shown in the Cyber Suite Supplemental Declarations. e. Computer Fraud Sublimit The most we will pay under Computer Fraud coverage for loss arising from one computer fraud event is the applicable sublimit shown in the Cyber Suite Supplemental Declarations. This sublimit is part of and not in addition to the Computer Attack Annual Aggregate Limit shown in the Cyber Suite Supplemental Declarations. f. Identity Recovery Sublimits The following provisions are applicable only to the Identity Recovery Coverage. 1 Case Management Service is available as needed for any one identity theft for up to 12 consecutive months from the inception of the service. Expenses we incur to provide Case Management Services do not reduce the annual aggregate limit for Identity Recovery. 2 Costs covered under item d. Legal Costs of the definition of identity recovery expenses are part of and not in addition to the annual aggregate limit for Identity Recovery. 3 Costs covered under item e. Lost Wages and item f. Child and Elder Care Expenses of the definition of identity recovery expenses are jointly subject to the Lost Wages and Child and Elder Care sublimit shown in the Cyber Suite Supplemental Declarations. This sublimit is part of and not in addition to the annual aggregate limit for Identity Recovery. Coverage is limited to wages lost and expenses incurred within 12 months after the first discovery of the identity theft by the identity recovery insured. CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 6 of 19 Insured Copy | 2 |
3. COMMERCIAL GENERAL LIABILITY 4 Costs covered under item g. Mental Health Counseling of the definition of identity recovery expenses is subject to the Mental Health Counseling sublimit shown in the Cyber Suite Supplemental Declarations. This sublimit is part of and not in addition to the annual aggregate limit for Identity Recovery. Coverage is limited to counseling that takes place within 12 months after the first discovery of the identity theft by the identity recovery insured. 5 Costs covered under item h. Miscellaneous Unnamed Costs of the definition of identity recovery expenses is subject to the Miscellaneous Unnamed Costs sublimit shown in the Cyber Suite Supplemental Declarations. This sublimit is part of and not in addition to the annual aggregate limit for Identity Recovery. Coverage is limited to costs incurred within 12 months after the first discovery of the identity theft by the identity recovery insured. Application of Limits a. A computer attack cyber extortion threat personal data compromise wrongful transfer event computer fraud event or identity theft may be first discovered by you in one policy period but it may cause insured loss in one or more subsequent policy periods. If so all insured loss arising from such computer attack cyber extortion threat personal data compromise wrongful transfer event computer fraud event or identity theft will be subject to the limit of insurance applicable to the policy period when the computer attack cyber extortion threat personal data compromise wrongful transfer event computer fraud event or identity theft was first discovered by you. b. You may first receive notice of a claim or regulatory proceeding in one policy period but it may cause insured loss in one or more subsequent policy periods. If so all insured loss arising from such claim or regulatory proceeding will be subject to the limit of insurance applicable to the policy period when notice of the claim or regulatory proceeding was first received by you. c. The limit of insurance for the Extended Reporting Periods if applicable will be part of and not in addition to the limit of insurance for the immediately preceding policy period. d. Coverage for Services to Affected Individuals under Data Compromise Response Expenses is limited to costs to provide such services for a period of up to one year from the date of the notification to the affected individuals. Notwithstanding coverage for Identity Restoration Case Management services initiated within such one year period may continue for a period of up to one year from the date such Identity Restoration Case Management services are initiated. D. DEDUCTIBLES 1. 3. 4. We will not pay for loss until the amount of the insured loss exceeds the deductible amount shown in the Cyber Suite Supplemental Declarations. We will then pay the amount of loss in excess of the applicable deductible amount subject to the applicable limits shown in the Cyber Suite Supplemental Declarations. You will be responsible for the applicable deductible amount. The deductible will apply to all a. Loss arising from the same insured event or interrelated insured events under Data Compromise Response Expenses Computer Attack Cyber Extortion Misdirected Payment Fraud or Computer Fraud. b. Loss resulting from the same wrongful act or interrelated wrongful acts insured under Data Compromise Liability Network Security Liability or Electronic Media Liability. In the event that loss is insured under more than one coverage section only the single highest deductible applies. Insurance coverage under Identity Recovery is not subject to a deductible. E. ADDITIONAL CONDITIONS The following conditions apply in addition to the Common Policy Conditions 1. Bankruptcy The bankruptcy or insolvency of you or your estate will not relieve you or us of any obligation under this Cyber Coverage. Defense And Settlement a. We shall have the right and the duty to assume the defense of any applicable claim or regulatory proceeding against you. You shall give us such information and cooperation as we may reasonably require. b. You shall not admit liability for or settle any claim or regulatory proceeding or incur any defense CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 7 of 19 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY costs without our prior written consent. c. Atthe time a claim or regulatory proceeding is first reported to us you may request that we appoint a defense attorney of your choice. We will give full consideration to any such request. d. If you refuse to consent to any settlement recommended by us and acceptable to the claimant we may then withdraw from your defense by tendering control of the defense to you. From that point forward you shall at your own expense negotiate or defend such claim or regulatory proceeding independently of us. Our liability shall not exceed the amount for which the claim or suit could have been settled if such recommendation was consented to plus defense costs incurred by us and defense costs incurred by you with our written consent prior to the date of such refusal. e. We will not be obligated to pay any loss or defense costs or to defend or continue to defend any claim or regulatory proceeding after the applicable limit of insurance has been exhausted. f. We will pay all interest on that amount of any judgment within the applicable limit of insurance which accrues 1 After entry of judgment and 2 Before we pay offer to pay or deposit in court that part of the judgment within the applicable limit of insurance or in any case before we pay or offer to pay the entire applicable limit of insurance. These interest payments will be in addition to and not part of the applicable limit of insurance. 3. Due Diligence You agree to use due diligence to prevent and mitigate loss insured under this Cyber Coverage. This includes but is not limited to complying with and requiring your vendors to comply with reasonable and industry accepted protocols for a. Providing and maintaining appropriate physical security for your premises computer systems and hard copy files b. Providing and maintaining appropriate computer and Internet security c. Maintaining and updating at appropriate intervals backups of computer data d. Protecting transactions such as processing credit card debit card and check payments and e. Appropriate disposal of files containing personally identifying information personally sensitive information or third party corporate data including shredding hard copy files and destroying physical media used to store electronic data. 4. Duties in the Event of a Claim Regulatory Proceeding or Loss a. If during the policy period incidents or events occur which you reasonably believe may give rise to a claim or regulatory proceeding for which coverage may be provided hereunder such belief being based upon either written notice from the potential claimant or the potential claimant s representative or notice of a complaint filed with a federal state or local agency or upon an oral claim allegation or threat you shall give written notice to us as soon as practicable and either 1 Anytime during the policy period or 2 Anytime during the extended reporting periods if applicable. b. If aclaim or regulatory proceeding is brought against you you must 1 Immediately record the specifics of the claim or regulatory proceeding and the date received 2 Provide us with written notice as soon as practicable but in no event more than 60 days after the date the claim or regulatory proceeding is first received by you 3 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or regulatory proceeding 4 Authorize us to obtain records and other information 5 Cooperate with us in the investigation settlement or defense of the claim or regulatory proceeding 6 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to you because of loss or defense costs to which this insurance may also apply and 7 Not take any action or fail to take any required action that prejudices your rights or our rights with CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 8 of 19 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY respect to such claim or regulatory proceeding. c. In the event of a personal data compromise computer attack cyber extortion threat wrongful transfer event computer fraud event or identity theft insured under this Cyber Coverage you and any involved identity recovery insured must see that the following are done 1 Notify the police if a law may have been broken. 2 Notify us as soon as practicable but in no event more than 60 days after the personal data compromise computer attack cyber extortion threat wrongful transfer event computer fraud event or identity theft. Include a description of any property involved. 3 As soon as possible give us a description of how when and where the personal data compromise computer attack cyber extortion threat wrongful transfer event computer fraud event or identity theft occurred. 4 As often as may be reasonably required permit us to a Inspect the property proving the personal data compromise computer attack cyber extortion threat wrongful transfer event computer fraud event or identity theft b Examine your books records electronic media and records and hardware c Take samples of damaged and undamaged property for inspection testing and analysis and d Make copies from your books records electronic media and records and hardware. 5 Send us signed sworn proof of loss containing the information we request to investigate the personal data compromise computer attack cyber extortion threat wrongful transfer event computer fraud event or identity theft. You must do this within 60 days after our request. We will supply you with the necessary forms. 6 Cooperate with us in the investigation or settlement of the personal data compromise computer attack cyber extortion threat wrongful transfer event computer fraud event or identity theft. 7 If you intend to continue your business you must resume all or part of your operations as quickly as possible. 8 Make no statement that will assume any obligation or admit any liability for any loss for which we may be liable without our prior written consent. 9 Promptly send us any legal papers or notices received concerning the loss. d. We may examine you under oath at such times as may be reasonably required about any matter relating to this insurance or the claim regulatory proceeding or loss including your books and records. In the event of an examination your answers must be signed. e. You may not except at your own cost voluntarily make a payment assume any obligation or incur any expense without our prior written consent. 5. Extended Reporting Periods a. You will have the right to the Extended Reporting Periods described in this section in the event of a termination of coverage. b. If a termination of coverage has occurred you will have the right to the following 1 At no additional premium an Automatic Extended Reporting Period of 30 days immediately following the effective date of the termination of coverage during which you may first receive notice of a claim or regulatory proceeding arising directly from a wrongful act occurring before the end of the policy period and which is otherwise insured by this Cyber Coverage and 2 Upon payment of the additional premium of 100 of the full annual premium associated with the relevant coverage a Supplemental Extended Reporting Period of one year immediately following the effective date of the termination of coverage during which you may first receive notice of a claim or regulatory proceeding arising directly from a wrongful act occurring before the end of the policy period and which is otherwise insured by this Cyber Coverage. To obtain the Supplemental Extended Reporting Period you must request it in writing and pay the additional premium due within 30 days after the effective date of termination of coverage. The additional premium for the Supplemental Extended Reporting Period will be fully earned at the inception of the Supplemental Extended Reporting Period. If we do not receive the written request as required you may not exercise this right at a later date. This insurance provided during the Supplemental Extended Reporting Period is excess over any CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 9 of 19 Insured Copy | 2 |
10. 11. COMMERCIAL GENERAL LIABILITY other valid and collectible insurance that begins or continues in effect after the Supplemental Extended Reporting Period becomes effective whether the other insurance applies on a primary excess contingent or any other basis. Identity Recovery Help Line For assistance if Identity Recovery applies the identity recovery insured should call the Identity Recovery Help Line at 1 877 800 5028. The Identity Recovery Help Line can provide the identity recovery insured with a. Information and advice for how to respond to a possible identity theft and b. Instructions for how to submit a service request for Case Management Service andor a claim form for Expense Reimbursement Coverage. In some cases we may provide Case Management services at our expense to an identity recovery insured prior to a determination that a covered identity theft has occurred. Our provision of such services is not an admission of liability under the Cyber Coverage. We reserve the right to deny further coverage or service if after investigation we determine that a covered identity theft has not occurred. As respects Expense Reimbursement Coverage the identity recovery insured must send to us within 60 days after our request receipts bills or other records that support his or her claim for identity recovery expenses. Legal Action Against Us No one may bring a legal action against us under this insurance unless a. There has been full compliance with all of the terms of this insurance and b. The action is brought within two years after the date the loss or identity theft is first discovered by you or the date on which you first receive notice of a claim or regulatory proceeding. Legal Advice We are not your legal advisor. Our determination of what is or is not insured under this Cyber Coverage does not represent advice or counsel from us about what you should or should not do. Other Insurance If there is other insurance that applies to the same loss this Cyber Coverage shall apply only as excess insurance after all other applicable insurance has been exhausted. Pre Notification Consultation You agree to consult with us prior to the issuance of notification to affected individuals. We assume no responsibility under Data Compromise Response Expenses for any services promised to affected individuals without our prior agreement. If possible this pre notification consultation will also include the designated service providers as agreed to under the Service Providers condition below. You must provide the following at our pre notification consultation with you a. The exact list of affected individuals to be notified including contact information. b. Information about the personal data compromise that may appropriately be communicated with affected individuals. c. The scope of services that you desire for the affected individuals. For example coverage may be structured to provide fewer services in order to make those services available to more affected individuals without exceeding the available Data Compromise Response Expenses limit of insurance. Service Providers a. We will only pay under this Cyber Coverage for services that are provided by service providers approved by us. You must obtain our prior approval for any service provider whose expenses you want covered under this Cyber Coverage. We will not unreasonably withhold such approval. b. Prior to the Pre Notification Consultation described in the Pre Notification Consultation Condition above you must come to agreement with us regarding the service providers to be used for the Notification to Affected Individuals and Services to Affected Individuals. We will suggest a service provider. If you prefer to use an alternate service provider our coverage is subject to the following limitations 1 Such alternate service provider must be approved by us CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 10 of 19 Insured Copy | 2 |
12. 13. COMMERCIAL GENERAL LIABILITY 2 Such alternate service provider must provide services that are reasonably equivalent or superior in both kind and quality to the services that would have been provided by the service provider we had suggested and 3 Our payment for services provided by any alternate service provider will not exceed the amount that we would have paid using the service provider we had suggested. Services The following conditions apply as respects any services provided to you or any affected individual or identity recovery insured by us our designees or any service firm paid for in whole or in part under this Cyber Coverage a. The effectiveness of such services depends on the cooperation and assistance of you affected individuals and identity recovery insureds. b. All services may not be available or applicable to all individuals. For example affected individuals and identity recovery insureds who are minors or foreign nationals may not have credit records that can be provided or monitored. Service in Canada will be different from service in the United States and Puerto Rico in accordance with local conditions. c. We do not warrant or guarantee that the services will end or eliminate all problems associated with the covered events. d. Except for the services of an identity recovery case manager under Identity Recovery which we will provide directly you will have a direct relationship with the professional service firms paid for in whole or in part under this Cyber Coverage. Those firms work for you. Valuation We will determine the value of money as follows Our payment for loss of money or loss payable in money will be at your option in the money of the country in which the wrongful transfer event or computer fraud event took place or in the United States of America dollar equivalent thereof determined at the rate of exchange published by the Wall Street Journal at the time of payment of such loss. F. DEFINITIONS 1. Affected Individual means any person whose personally identifying information or personally sensitive information is lost stolen accidentally released or accidentally published by a personal data compromise covered under this Cyber Coverage. This definition is subject to the following provisions a. Affected individual does not include any business or organization. Only an individual person may be an affected individual. b. An affected individual may reside anywhere in the world. Authorized Representative means a person or entity authorized by law or contract to act on behalf of an identity recovery insured. Authorized Third Party User means a party who is not an employee or a director of you who is authorized by contract or other agreement to access the computer system for the receipt or delivery of services. Bodily Injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Business Income and Extra Expense Loss means loss of Business Income and Extra Expense. a. As used in this definition Business Income means the sum of 1 Net income net profit or loss before income taxes that would have been earned or incurred and 2 Continuing normal and necessary operating expenses incurred including employee and director payroll. b. As used in this definition Extra Expense means the additional cost you incur to operate your business over and above the cost that you normally would have incurred to operate your business during the same period had no computer attack occurred. Claim a. Claim means CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 11 of 19 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY 1 A written demand for monetary damages or non monetary relief including injunctive relief 2 A civil proceeding commenced by the filing of a complaint 3 An arbitration proceeding in which such damages are claimed and to which you must submit or do submit with our consent 4 Any other alternative dispute resolution proceeding in which such damages are claimed and to which you must submit or to which we agree you should submit to arising from a wrongful act or a series of interrelated wrongful acts including any resulting appeal. b. Claim does not mean or include 1 Any demand or action brought by or on behalf of someone who is a Your director b Your owner or part owner or c A holder of your securities in their capacity as such whether directly derivatively or by class action. Claim will include proceedings brought by such individuals in their capacity as affected individuals but only to the extent that the damages claimed are the same as would apply to any other affected individual or 2 A regulatory proceeding. c. Includes a demand or proceeding arising from a wrongful act that is a personal data compromise only when the personal data compromise giving rise to the proceeding was covered under Data Compromise Response Expenses section of this Cyber Coverage and you submitted a claim to us and provided notifications and services to affected individuals in consultation with us pursuant to Data Compromise Response Expenses in connection with such personal data compromise. 7. Computer Attack a. Computer attack means one of the following involving the computer system 1 An unauthorized access incident 2 Amalware attack or 3 A denial of service attack against a computer system. b. A computer attack ends at the earlier of 1 The time that the active attacking behavior ceases the time that you have regained control over the computer system or the time that all unauthorized creation destruction or movement of data associated with the computer attack has ceased whichever happens latest or 2 30 days after your discovery of the computer attack. 8. Computer System means a computer or other electronic hardware that a. Is owned or leased by you and operated under your control or b. Is operated by a third party service provider used for the purpose of providing hosted computer application services to you or for processing maintaining hosting or storing your electronic data pursuant to a written contract with you for such services. However such computer or other electronic hardware operated by such third party shall only be considered to be a computer system with respect to the specific services provided by such third party to you under such contract. 9. Computer Fraud Costs means a. The amount of money fraudulently obtained from you. Computer fraud costs include the direct financial loss only. b. Computer fraud costs do not include any of the following 1 Other expenses that arise from the computer fraud event 2 Indirect loss such as bodily injury lost time lost wages identity recovery expenses or damaged reputation 3 Any interest time value or potential investment gain on the amount of financial loss or CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 12 of 19 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY 4 Any portion of such amount that has been or can reasonably be expected to be reimbursed by a third party such as a financial institution. 10. Computer Fraud Event means a. An unauthorized access incident that leads to the intentional unauthorized and fraudulent entry of or change to data or instructions within a computer system owned or leased by you and operated under your control. Such fraudulent entry or change must be conducted by a person who is not an employee executive or independent contractor. Such fraudulent entry or change must cause money to be sent or diverted. The fraudulent entry or change must result in direct financial loss to you. b. Computer fraud event does not mean or include any occurrence 1 In which you are threatened or coerced to send money or divert a payment or 2 Arising from a dispute or a disagreement over the completeness authenticity or value of a product a service or a financial instrument. 11. Coverage Term means the increment of time a. Commencing on the earlier of the first inception date of this Cyber Coverage or the first inception date of any coverage substantially similar to that described in this Cyber Coverage and held immediately prior to this Cyber coverage and b. Ending upon the termination of coverage. 12. Coverage Territory means a. With respect to Data Compromise Response Expenses Computer Attack Cyber Extortion Misdirected Payment Fraud Computer Fraud and Identity Recovery coverage territory means anywhere in the world. b. With respect to Data Compromise Liability Network Security Liability and Electronic Media Liability coverage territory means anywhere in the world however claims must be brought within the United States including its territories and possessions or Puerto Rico. 13. Cyber Extortion Expenses means a. The cost of a negotiator or investigator retained by you in connection with a cyber extortion threat and b. Any amount paid by you in response to a cyber extortion threat to the party that made the cyber extortion threat for the purposes of eliminating the cyber extortion threat when such expenses are necessary and reasonable and arise directly from a cyber extortion threat. The payment of cyber extortion expenses must be approved in advance by us. We will not pay for cyber extortion expenses that have not been approved in advance by us. We will not unreasonably withhold our approval. 14. Cyber Extortion Threat means a. Cyber extortion threat means a demand for money from you based on a credible threat or series of related credible threats to 1 Launch a denial of service attack against the computer system for the purpose of denying authorized third party users access to your services provided through the computer system via the Internet 2 Gain access to a computer system and use that access to steal release or publish personally identifying information personally sensitive information or third party corporate data 3 Alter damage or destroy electronic data or software while such electronic data or software is stored within a computer system 4 Launch a computer attack against a computer system in order to alter damage or destroy electronic data or software while such electronic data or software is stored within a computer system or 5 Cause you to transfer pay or deliver any funds or property using a computer system without your authorization. b. Cyber extortion threat does not mean or include any threat made in connection with a legitimate commercial dispute. 15. Data Re creation Costs CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 13 of 19 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY a. Data re creation costs means the costs of an outside professional firm hired by you to research re create and replace data that has been lost or corrupted and for which there is no electronic source available or where the electronic source does not have the same or similar functionality to the data that has been lost or corrupted. b. Data re creation costs does not mean or include costs to research re create or replace 1 Software programs or operating systems that are not commercially available or 2 Data that is obsolete unnecessary or useless to you. 16. Data Restoration Costs a. Data restoration costs means the costs of an outside professional firm hired by you to replace electronic data that has been lost or corrupted. In order to be considered data restoration costs such replacement must be from one or more electronic sources with the same or similar functionality to the data that has been lost or corrupted. b. Data restoration costs does not mean or include costs to research re create or replace 1 Software programs or operating systems that are not commercially available or 2 Data that is obsolete unnecessary or useless to you. 17. Defense Costs a. Defense costs means reasonable and necessary expenses consented to by us resulting solely from the investigation defense and appeal of any claim or regulatory proceeding against you. Such expenses may include premiums for any appeal bond attachment bond or similar bond. However we have no obligation to apply for or furnish such bond. b. Defense costs does not mean or include the salaries or wages of your employees or directors or your loss of earnings. 18. Denial of Service Attack means an intentional attack against a target computer or network of computers designed to overwhelm the capacity of the target computer or network in order to deny or impede authorized users from gaining access to the target computer or network through the Internet. 19. Electronic Media Incident means an allegation that the display of information in electronic form by you on a website resulted in a. Infringement of another s copyright title slogan trademark trade name trade dress service mark or service name b. Defamation against a person or organization that is unintended or c. Aviolation of a person s right of privacy including false light and public disclosure of private facts. 20. Employee means any natural person other than an executive who was now is or will be Employed on a full time or part time basis by you Furnished temporarily to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions c. Leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business but does not mean a temporary employee as defined in paragraph b. or d. Your volunteer worker which includes unpaid interns. 21. Executive means any natural person who was now is or will be a. The owner of your sole proprietorship or b. Aduly elected or appointed 1 Director 2 Officer 3 Managing Partner 4 General Partner 5 Member if a limited liability company CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 14 of 19 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY 6 Manager if a limited liability company or 7 Trustee of your business. 22. Extended Income Loss means your actual business income and extra expense loss incurred during the extended recovery period. 23. Extended Recovery Period means a fixed period of 180 days immediately following the end of the period of restoration. 24. Identity Recovery Case Manager means one or more individuals assigned by us to assist an identity recovery insured with communications we deem necessary for re establishing the integrity of the personal identity of the identity recovery insured. This includes with the permission and cooperation of the identity recovery insured written and telephone communications with law enforcement authorities governmental agencies credit agencies and individual creditors and businesses. 25. Identity Recovery Expenses means the following when they are reasonable and necessary expenses that are incurred as a direct result of an identity theft suffered by an identity recovery insured Re Filing Costs Costs for re filing applications for loans grants or other credit instruments that are rejected solely as a result of an identity theft. Notarization Telephone and Postage Costs Costs for notarizing affidavits or other similar documents long distance telephone calls and postage solely as a result of the identity recovery insured s efforts to report an identity theft or amend or rectify records as to the identity recovery insured s true name or identity as a result of an identity theft. Credit Reports Costs for credit reports from established credit bureaus. Legal Costs Fees and expenses for an attorney approved by us for the following 1 The defense of any civil suit brought against an identity recovery insured. 2 The removal of any civil judgment wrongfully entered against an identity recovery insured. 3 Legal assistance for an identity recovery insured at an audit or hearing by a governmental agency. 4 Legal assistance in challenging the accuracy of the identity recovery insured s consumer credit report. 5 The defense of any criminal charges brought against an identity recovery insured arising from the actions of a third party using the personal identity of the identity recovery insured. Lost Wages Actual lost wages of the identity recovery insured for time reasonably and necessarily taken away from work and away from the work premises. Time away from work includes partial or whole work days. Actual lost wages may include payment for vacation days discretionary days floating holidays and paid personal days. Actual lost wages does not include sick days or any loss arising from time taken away from self employment. Necessary time off does not include time off to do tasks that could reasonably have been done during non working hours. Child and Elder Care Expenses Actual costs for supervision of children or elderly or infirm relatives or dependents of the identity recovery insured during time reasonably and necessarily taken away from such supervision. Such care must be provided by a professional care provider who is not a relative of the identity recovery insured. Mental Health Counseling Actual costs for counseling from a licensed mental health professional. Such care must be provided by a professional care provider who is not a relative of the identity recovery insured. Miscellaneous Unnamed Costs Any other reasonable costs necessarily incurred by an identity recovery insured as a direct result of the identity theft. CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 15 of 19 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY 1 Such costs include a Costs by the identity recovery insured to recover control over his or her personal identity. b Deductibles or service fees from financial institutions. 2 Such costs do not include a Costs to avoid prevent or detect identity theft or other loss. b Money lost or stolen. c Costs that are restricted or excluded elsewhere in this Cyber Coverage or policy. 26. Identity Recovery Insured means the following a. When the entity insured under this Cyber Coverage is a sole proprietorship the identity recovery insured is the individual person who is the sole proprietor of the insured identity. b. When the entity insured under this Cyber Coverage is a partnership the identity recovery insureds are the current partners. c. When the entity insured under this Cyber Coverage is a corporation or other form of organization other than those described in a. or b. above the identity recovery insureds are all individuals having an ownership position of 20 or more of the insured entity. However if and only if there is no one who has such an ownership position then the identity recovery insured will be 1 The chief executive of the insured entity or 2 As respects a religious institution the senior ministerial employee. An identity recovery insured must always be an individual person. If the entity insured under this Cyber Coverage is a legal entity that legal entity is not an identity recovery insured. 27. Identity Theft a. ldentity theft means the fraudulent use of personally identifying information. This includes fraudulently using such information to establish credit accounts secure loans enter into contracts or commit crimes. b. Identity theft does not mean or include the fraudulent use of a business name d b a or any other method of identifying a business activity. 28. Independent Contractor means a natural person that provides goods or services to you under terms specified in a written contract but only while acting on behalf of at the direction of and under the supervision of you. 29. Loss a. With respect to Data Compromise Response Expenses loss means those expenses enumerated in Data Compromise Response Expenses paragraph b. b. With respect to Computer Attack loss means those expenses enumerated in Computer Attack paragraph b. With respect to Cyber Extortion loss means cyber extortion expenses. With respect to Misdirected Payment Fraud loss means wrongful transfer costs. With respect to Computer Fraud loss means computer fraud costs. With respect to Data Compromise Liability Network Security Liability and Electronic Media Liability loss means defense costs and settiement costs. g. With respect to Identity Recovery loss means those expenses enumerated in Identity Recovery paragraph b. 30. Malware Attack a. Malware attack means an attack that damages a computer system or data contained therein arising from malicious code including viruses worms Trojans spyware and keyloggers. b. Malware attack does not mean or include damage from shortcomings or mistakes in legitimate electronic code or damage from code installed on your computer system during the manufacturing process or normal maintenance. 31. Money means a. Money means a medium of exchange in current use and authorized or adopted by a domestic or foreign government including currency coins banknotes bullion travelers checks registered checks and pao CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 16 of 19 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY money orders held for sale to the public. b. Money does not mean or include any cryptocurrency whether or not authorized or adopted by a domestic or foreign government. Cryptocurrency includes but is not limited to Bitcoin Ethereum and other forms of digital virtual or electronic currency. 32. Network Security Incident means a negligent security failure or weakness with respect to a computer system which allowed one or more of the following to happen a. The unintended propagation or forwarding of malware including viruses worms Trojans spyware and keyloggers. Malware does not include shortcomings or mistakes in legitimate electronic code b. The unintended abetting of a denial of service attack against one or more other systems or c. The unintended loss release or disclosure of third party corporate data. 33. Period of Restoration means the period of time that begins 8 hours after the time that a computer attack is discovered by you and continues until the earliest of a. The date that all data restoration data re creation and system restoration directly related to the computer attack has been completed b. The date on which such data restoration data re creation and system restoration could have been completed with the exercise of due diligence and dispatch or c. If no data restoration data re creation or system restoration is required the end of the computer attack. 34. Personal Data Compromise means the loss theft accidental release or accidental publication of personally identifying information or personally sensitive information as respects one or more affected individuals. If the loss theft accidental release or accidental publication involves personally identifying information such loss theft accidental release or accidental publication must result in or have the reasonable possibility of resulting in the fraudulent use of such information. This definition is subject to the following provisions a. At the time of the loss theft accidental release or accidental publication the personally identifying information or personally sensitive information need not be at the insured premises but must be in the direct care custody or control of 1 You or 2 A professional entity with which you have a direct relationship and to which you or an affected individual at your direction have turned over directly or via a professional transmission or transportation provider such information for storage processing transmission or transportation of such information. b. Personal data compromise includes disposal or abandonment of personally identifying information or personally sensitive information without appropriate safeguards such as shredding or destruction provided that the failure to use appropriate safeguards was accidental and not reckless or deliberate. c. Personal data compromise includes situations where there is a reasonable cause to suspect that such personally identifying information or personally sensitive information has been lost stolen accidentally released or accidentally published even if there is no firm proof. d. Allincidents of personal data compromise that are discovered at the same time or arise from the same cause will be considered one personal data compromise. 35. Personally Identifying Information a. Personally identifying information means information including health information that could be used to commit fraud or other illegal activity involving the credit access to health care or identity of an affected individual or identity recovery insured. This includes but is not limited to Social Security numbers or account numbers. b. Personally identifying information does not mean or include information that is otherwise available to the public such as names and addresses. 36. Personally Sensitive Information a. Personally sensitive information means private information specific to an individual the release of which requires notification of affected individuals under any applicable law. b. Personally sensitive information does not mean or include personally identifying information. 37. Policy Period means the period commencing on the effective date shown in the Cyber Suite Supplemental Declarations. The policy period ends on the expiration date or the cancellation date of this CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 17 of 19 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY Cyber Coverage whichever comes first. 38. Property Damage means a. Physical injury to or destruction of tangible property including all resulting loss of use or b. Loss of use of tangible property that is not physically injured. 39. Regulatory Proceeding means an investigation demand or proceeding alleging a violation of law or regulation arising from a personal data compromise brought by or on behalf of the Federal Trade Commission Federal Communications Commission or other administrative or regulatory agency or any federal state local or foreign governmental entity in such entity s regulatory or official capacity. 40. Settlement Costs a. Settlement costs means the following when they arise from a claim 1 Damages judgments or settlements and 2 Attorney s fees and other litigation costs added to that part of any judgment paid by us when such fees and costs are awarded by law or court order and 3 Pre judgment interest on that part of any judgment paid by us. b. Settlement costs does not mean or include 1 Civil or criminal fines or penalties imposed by law except for civil fines and penalties expressly covered under Data Compromise Response Expenses 2 Punitive and exemplary damages 3 The multiple portion of any multiplied damages 4 Taxesor 5 Matters which may be deemed uninsurable under the applicable law. c. With respect to fines and penalties the law of the jurisdiction most favorable to the insurability of those fines or penalties will control for the purpose of resolving any dispute between us and you regarding whether the fines or penalties specified in this definition above are insurable under this Cyber Coverage provided that such jurisdiction 1 Is where those fines or penalties were awarded or imposed 2 Is where any wrongful act took place for which such fines or penalties were awarded or imposed 3 Is where you are incorporated or you have your principal place of business or 4 s where we are incorporated or have our principal place of business. 41. System Restoration Costs a. System restoration costs means the costs of an outside professional firm hired by you to do any of the following in order to restore your computer system to its precomputer attack level of functionality 1 Replace or reinstall computer software programs 2 Remove any malicious code and 3 Configure or correct the configuration of your computer system. b. System restoration costs does not mean or include 1 Costs to increase the speed capacity or utility of a computer system beyond what existed immediately prior to the computer attack 2 Labor costs of your employees or directors 3 Any costs in excess of the actual cash value of your computer system or 4 Costs to repair or replace hardware. 42. Termination of Coverage means a. You or we cancel this coverage b. You or we refuse to renew this coverage or c. We renew this coverage on an other than claims made basis or with a retroactive date later than the date of the first inception of this coverage or any coverage substantially similar to that described in this Cyber Coverage. CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 18 of 19 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY 43. Third Party Corporate Data a. Third party corporate data means any trade secret data design interpretation forecast formula method practice credit or debit card magnetic strip information process record report or other item of information of a third party not an insured under this Cyber Coverage which is not available to the general public and is provided to you subject to a mutually executed written confidentiality agreement or which you are legally required to maintain in confidence. b. Third party corporate data does not mean or include personally identifying information or personally sensitive information. 44. Unauthorized Access Incident means the gaining of access to a computer system by a. An unauthorized person or persons or b. An authorized person or persons for unauthorized purposes. 45. Wrongful Act a. With respect to Data Compromise Liability wrongful act means a personal data compromise. b. With respect to Network Security Liability wrongful act means a network security incident. c. With respect to Electronic Media Liability wrongful act means an electronic media incident. 46. Wrongful Transfer Costs means the amount of money fraudulently obtained from you. Wrongful transfer costs include the direct financial loss only. Wrongful transfer costs do not include any of the following a. Other expenses that arise from the wrongful transfer event b. Indirect loss such as bodily injury lost time lost wages identity recovery expenses or damaged reputation c. Any interest time value or potential investment gain on the amount of financial loss or d. Any portion of such amount that has been or can reasonably be expected to be reimbursed by a third party such as a financial institution. 47. Wrongful Transfer Event a. Wrongful transfer event means an intentional and criminal deception of you or a financial institution with which you have an account. The deception must be perpetrated by a person who is not an employee executive or independent contractor using email facsimile or telephone communications to induce you or the financial institution to send or divert money. The deception must result in direct financial loss to you. b. Wrongful transfer event does not mean or include any occurrence 1 In which you are threatened or coerced to send money or divert a payment or 2 Arising from a dispute or disagreement over the completeness authenticity or value of a product a service or a financial instrument. ALL OTHER PROVISIONS OF THIS POLICY APPLY. CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 19 of 19 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY CG 24531219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US WAIVER OF SUBROGATION AUTOMATIC This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions We waive any right of recovery against any person or organization because of any payment we make under this Coverage Part to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. CG 24531219 Insurance Services Office Inc. 2018 Insured Copy Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 40011219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENETICALLY MODIFIED ORGANISM EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions under Section Coverages Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Genetically Modified Organism Bodily injury or property damage arising directly or indirectly out of the genetic modification whether by design or accident of any organism. B. The following exclusion is added to Paragraph 2. Exclusions under Section Coverages Coverage B Personal And Advertising Injury Liability This insurance does not apply to Genetically Modified Organism Personal and advertising injury arising directly or indirectly out of the genetic modification whether by design or accident of any organism. C. The following definitions are added to the Definitions section 1. Genetic modification means the insertion of a modified gene or a gene from another variety or species into an organism by genetic engineering. However genetic modification does not include the traditional horticultural practices of a. Plant breeding by methods other than genetic engineering or b. Plant grafting. 2. Genetic engineering means the use of technology in order to change the genetic makeup of cells or to move genes across species boundaries. CG 40011219 Insurance Services Office Inc. 2018 Insured Copy Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 40141219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANNABIS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. The following exclusion is added B. The exclusion in Paragraph A. does not apply to This insurance does not apply to 1. Bodily injury property damage or personal and advertising injury arising out of a. The design cultivation manufacture storage processing packaging handling testing distribution sale serving furnishing possession or disposal of cannabis or b. The actual alleged threatened or suspected inhalation ingestion absorption or consumption of contact with exposure to existence of or presence of cannabis or 2. Property damage to cannabis. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved that which is described in Paragraph A.1. or A.2. above. However Paragraph A.1.b. does not apply to bodily injury or property damage arising out of the actual alleged threatened or suspected inhalation ingestion absorption or consumption of or contact with cannabis by 1 Aninsured or 2 Any other person for whom you are legally responsible but only if the bodily injury or property damage does not arise out of your selling serving or furnishing of cannabis to any person described above. personal and advertising injury arising out of the following offenses 1. False arrest detention or imprisonment or 2. The wrongful eviction from wrongful entry into or invasion of the right or private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor.. The following definition is added to the Definitions section Cannabis 1. Means Any good or product that consists of or contains any amount of Tetrahydrocannabinol THC or any other cannabinoid regardless of whether any such THC or cannabinoid is natural or synthetic. 2. Paragraph C.1. above includes but is not limited to any of the following containing such THC or cannabinoid a. Any plant of the genus Cannabis L. or any part thereof such as seeds stems flowers stalks and roots or b. Any compound byproduct extract derivative mixture or combination such as 1 Resin oil or wax 2 Hash or hemp or 3 Infused liquid or edible cannabis whether or not derived from any plant or part of any plant set forth in Paragraph C.2.a. CG40141219 Insurance Services Office Inc. 2018 Insured Copy Page 1 of 1 | 2 |
Underwriter POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 24171001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY RAILROADS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Scheduled Railroad Designated Job Site IANY RAILROAD WHICH YOU HAVE AGREED TO INDEMNIFY PURSUANT TO A WRITTEN ICONTRACT ENTERED INTO WITH SUCH ALL JOB SITES WHERE YOU ARE OPERATING UNDER AND EASEMENT GRANTED BY A RAILROAD AND WHERE YOU HAVE AGREED TO INDEMNIFY SUCH RAILROAD THAT WAS SIGNED PRIOR TO LOSS IN CONNECTION WITH AN EASEMENT GRANTED BY SUCH RAILROAD TO YOU. RAILROAD FOR YOUR OPERATIONS PURSUANT TO SUCH EASEMENT UNDER A WRITTEN CONTRACT ENTERED INTO PRIOR TOLOSS. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. With respect to operations performed for or affecting a Scheduled Railroad at a Designated Job Site the definition of insured contract in the Definitions section is replaced by the following 9. Insured Contract means a. A contract for a lease of premises. However f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property C damage to a third person or organization. Tort that portion of the contract for a lease of liability means a liability that would be imposed premises that indemnifies any person or by law in the absence of any contract or organization for damage by fire to premises agreement. while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement. Any easement or license agreement d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement o POLICY NUMBER lY RAILROAD WHICH YOU HAVE AGREED INDEMNIFY PURSUANT TO A WRITTEN NTRACT ENTERED INTO WITH SUCH ILROAD THAT WAS SIGNED PRIOR TO LOSS CONNECTION WITH AN EASEMENT GRANTED SUCH RAILROAD TO YOU. ALL JOB SITES WHERE YOU ARE OPERATING UNDER AND EASEMENT GRANTED BY A RAILROAD AND WHERE YOU HAVE AGREED TO INDEMNIFY SUCH RAILROAD FOR YOUR OPERATIONS PURSUANT TO SUCH EASEMENT UNDER WRITTEN CONTRACT ENTERED INTO PRIC TOLOSS. f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. CG 24171001 1S0 ProFenies Inc. 2000 sured Copy Page 1 of 2 m | 2 |
Paragraph f. does not include that part of any contract or agreement 1 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage 2 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in Paragraph 1 above and supervisory inspection architectural or engineering activities. CG 24171001 1S0 ProFenies Inc. 2000 sured Copy Page 2 of 2 m | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HERBICIDE PESTICIDE OR FERTILIZER APPLICATOR COVERAGE EXCLUDES COVERAGE FOR ANY AERIAL APPLICATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE LIMITS OF INSURANCE 1000000 Each Occurrence Limit 1000000 Crop Application Aggregate Limit DEDUCTIBLE 25000 Crop Application Deductible EXCEPT 5000 IN IDAHO 1. For the purpose of this endorsement a. Paragraph 1d of Exclusion f. Pollution of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply to bodily injury or property damage arising out of the application of herbicides pesticides fertilizers or other similar chemicals. b. Paragraph 5 of Exclusion j. Damage to Property of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply to property damage arising out of the application of herbicides pesticides fertilizers or other similar chemicals. c. Paragraph 6 of Exclusion j. Damage to Property of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply to property damage arising out of the application of herbicides pesticides fertilizers or other similar chemicals. 2. The coverage provided by this endorsement does not apply to a. Liability for bodily injury or property damage arising out of the application of herbicides pesticides fertilizers or other similar chemicals by any aircraft. b. Liability arising from the failure to apply or to timely apply herbicides pesticides fertilizers or other similar chemicals by you or on your behalf. c. Liability caused by resulting from or arising out of the contamination of any watercourse body of water whether above or below ground aquifer or underground resource. d. The application of herbicides pesticides fertilizers or other similar chemicals for a purpose other than crop production activities killing repelling or controlling pests rodents or insects or killing or controlling weeds. Includes copyrighted material of Insurance Services Office Inc. with ts permission. CGLB128 0413 Page 1 of 2 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY e. The intentional violation of any federal state or local regulation license or manufacturer s label requirements governing the use or application of herbicides pesticides fertilizers or other similar chemicals. f. The intentional use or recommendation of herbicides pesticides fertilizers or other similar chemicals other than as specified by the manufacturer. With respect to coverage provided by this endorsement a. Our obligation to pay for damages on your behalf applies only to the amount of damages in excess of the Crop Application Deductible shown in the Schedule above. This deductible applies per occurrence. b. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification of the action taken you agree to promptly reimburse us for such part of the deductible amount as has been paid by us. Limits of Insurance a. The Each Occurrence Limit stated in the Schedule above is the most we will pay under the coverage provided by this endorsement because of all bodily injury and property damage arising out of any one occurrence subject to the Crop Application Aggregate Limit stated in the Schedule above. b. The Crop Application Aggregate Limit stated in the Schedule above is the most we will pay for bodily injury and property damage under the coverage provided by this endorsement during the policy period and is included in and is not in addition to the General Aggregate Limit or the Products Completed Operations Aggregate Limit shown in the Declarations whichever is applicable. These limits do not apply as additional amounts of insurance. c. Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under the coverage provided by this endorsement. Claims Reporting Requirements Coverage afforded by this endorsement applies only to bodily injury and property damage reported by you to us within 30 days after you receive actual knowledge of loss or damage. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. Includes copyrighted material of Insurance Services Office Inc. with ts permission. CGLB128 0413 Page 2 of 2 Insured Copy | 2 |
POLICY NUMBER CPP850079A COMMERCIAL AUTO NATIONWIDE AGRIBUSINESS INSURANCE COMPANY BUSINESS AUTO DECLARATIONS ITEM ONE PRODUCER LOCKTON COMPANIES LLC NAMED INSURED THE SCOULAR COMPANY SEE NAMED INSURED ENDORSEMENT MAILING ADDRESS 2027 DODGE ST OMAHA NE 68102 POLICY PERIOD From 05 31 2021 to 05 31 2022 at1201 A.M. Standard Time at your mailing address shown above PREVIOUS POLICY NUMBER CPP850079A FORM OF BUSINESS X CORPORATION LIMITED LIABILITY COMPANY INDIVIDUAL PARTNERSHIP OTHER INRETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. Premium shown is payable at incepti AUDIT PERIOD IF APPLICABLE X ANNUALLY SEMI QUARTERLY MONTHLY ANNUALLY ENDORSEMENTS ATTACHED TO THIS POLICY IL 00 17 Common Policy Conditions IL 01 46 in Washington IL 00 21 Broad Form Nuclear Exclusion not Applicable in New York IL 01 98 in Washington SEE SCHEDULE OF FORMS AND ENDORSEMENTS COUNTERSIGNED BY Date Authorized Representative AU DEC C W 1013 Page 1 Insured Copy | 2 |
ITEM TWO Schedule Of Coverages And Covered Autos This policy provides only those coverages where a charge is shown in the premium column below. Each of these coverages will apply only to those autos shown as covered autos. Autos are shown as covered autos for a particular coverage by the entry of one or more of the symbols from the Covered Autos section of the Business Auto Coverage Form next to the name of the coverage. COVERED COVERAGES AUTOS LiMIT PREMIUM COVERED AUTOS LIABILITY 2000000 369376 PERSONAL INJURY SEPARATELY STATED IN EACH P.I.P. PROTECTION or equivalent INCL No fault Coverage ADDED PERSONAL INJURY PROTECTION or equivalent Added No fault Coverage SEPARATELY STATED IN THE PROPERTY PROPERTY PROTECTION PROTECTION INSURANCE ENDORSEMENT INSURANCE Michigan only DEDUCTIBLE FOR EACH ACCIDENT. AUTO MEDICAL PAYMENTS SEE SCHEDULE EACH INSURED INCL MEDICAL EXPENSE AND SEPARATELY STATED IN THE MEDICAL INCOME LOSS BENEFITS EXPENSE AND INCOME LOSS BENEFITS Virginia only ENDORSEMENT. UNINSURED MOTORISTS 1000000 INCL UNDERINSURED MOTORISTS When not included in 1000000 INCL Uninsured Motorists Coverage ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER IS LESS MINUS SEE SCHEDULE zggggfcsE DEDUCTIBLE FOR EACH COVERED AUTO BUT 37624 COVERAGE NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING. See ITEM FOUR For Hired or Borrowed Autos. ACTUAL CASH VALUE OR COST OF REPAIR EEES EIIEIBDAMAGE WHICHEVER IS LESS MINUS CAUSES OF LOSS DEDUCTIBLE FOR EACH COVERED AUTO FOR COVERAGE PHYSICAL DAMAGE NCL COLLISION COVERAGE PHYSICAL DAMAGE FOR EACH DISABLEMEN I TOWING AND LABOR OF A PRIVATE PASSENGER AUTO. TAX SURCHARGE FEE 5.00 PREMIUM FOR ENDORSEMENTS 3426 ESTIMATED TOTAL PREMIUM 410431.00 This policy may be subject to final audit. AU DEC C W 1013 Page 2 MAGE SIVE 37 62 Page 2 Insured Copy | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS COVERED AUTOS LIABILITY COVERAGE Cost Of Hire Rating Basis for Autos Used In Your Motor Carrier Operations Other Than Mobile Or Farm Equipment COVERED AUTOS ESTIMATED ANNUAL LIABILITY COVERAGE COST OF HIRE FOR EACH STATE PREMIUM Primary Coverage Excess Coverage TOTAL HIRED AUTO PREMIUM For autos used in your motor carrier operations cost of hire means 1. Thetotal dollar amount of costs you incurred for the hire of automobiles includes trailers and semitrailers and if not included therein 2. Thetotal remunerations of all operators and drivers helpers of hired automobiles whether hired with a driver by lessor or an employee of the lessee or any other third party and 3. Thetotal dollar amount of any other costs i.e. repair maintenance fuel etc. directly associated with operating the hired automobiles whether such costs are absorbed by the insured paid to the lessor or owner or paid to others. COVERED AUTOS LIABILITY COVERAGE Cost Of Hire Rating Basis for Autos NOT Used In Your Motor Carrier Operations Other Than Mobile Or Farm Equipment COVERED AUTOS ESTIMATED ANNUAL LIABILITY COVERAGE STATE COST OF HIRE FOR EACH STATE PREMIUM Primary Coverage IA IF ANY INCL Excess Coverage TOTAL HIRED AUTO PREMIUM For autos NOT used in your motor carrier operations cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for services performed by motor carriers of property or passengers. biles includes trailers and Page 3 AU DEC C W 1013 Insured Copy | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS COVERED AUTOS LIABILITY COVERAGE Cost Of Hire Rating Basis for Autos Used In Your Motor Carrier Operations Other Than Mobile Or Farm Equipment COVERED AUTOS ESTIMATED ANNUAL LIABILITY COVERAGE COST OF HIRE FOR EACH STATE PREMIUM Primary Coverage Excess Coverage TOTAL HIRED AUTO PREMIUM For autos used in your motor carrier operations cost of hire means 1. Thetotal dollar amount of costs you incurred for the hire of automobiles includes trailers and semitrailers and if not included therein 2. Thetotal remunerations of all operators and drivers helpers of hired automobiles whether hired with a driver by lessor or an employee of the lessee or any other third party and 3. Thetotal dollar amount of any other costs i.e. repair maintenance fuel etc. directly associated with operating the hired automobiles whether such costs are absorbed by the insured paid to the lessor or owner or paid to others. COVERED AUTOS LIABILITY COVERAGE Cost Of Hire Rating Basis for Autos NOT Used In Your Motor Carrier Operations Other Than Mobile Or Farm Equipment COVERED AUTOS ESTIMATED ANNUAL LIABILITY COVERAGE STATE COST OF HIRE FOR EACH STATE PREMIUM Primary Coverage ID IF ANY INCL Excess Coverage TOTAL HIRED AUTO PREMIUM For autos NOT used in your motor carrier operations cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for services performed by motor carriers of property or passengers. biles includes trailers and AU DEC C W 1013 Page 4 Insured Copy | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS COVERED AUTOS LIABILITY COVERAGE Cost Of Hire Rating Basis for Autos Used In Your Motor Carrier Operations Other Than Mobile Or Farm Equipment COVERED AUTOS ESTIMATED ANNUAL LIABILITY COVERAGE COST OF HIRE FOR EACH STATE PREMIUM Primary Coverage Excess Coverage TOTAL HIRED AUTO PREMIUM For autos used in your motor carrier operations cost of hire means 1. Thetotal dollar amount of costs you incurred for the hire of automobiles includes trailers and semitrailers and if not included therein 2. Thetotal remunerations of all operators and drivers helpers of hired automobiles whether hired with a driver by lessor or an employee of the lessee or any other third party and 3. Thetotal dollar amount of any other costs i.e. repair maintenance fuel etc. directly associated with operating the hired automobiles whether such costs are absorbed by the insured paid to the lessor or owner or paid to others. COVERED AUTOS LIABILITY COVERAGE Cost Of Hire Rating Basis for Autos NOT Used In Your Motor Carrier Operations Other Than Mobile Or Farm Equipment COVERED AUTOS ESTIMATED ANNUAL LIABILITY COVERAGE STATE COST OF HIRE FOR EACH STATE PREMIUM Primary Coverage KS IF ANY INCL Excess Coverage TOTAL HIRED AUTO PREMIUM For autos NOT used in your motor carrier operations cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for services performed by motor carriers of property or passengers. biles includes trailers and AU DEC C W 1013 Page 5 Insured Copy | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS COVERED AUTOS LIABILITY COVERAGE Cost Of Hire Rating Basis for Autos Used In Your Motor Carrier Operations Other Than Mobile Or Farm Equipment ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE COVERED AUTOS LIABILITY COVERAGE PREMIUM Primary Coverage Excess Coverage TOTAL HIRED AUTO PREMIUM For autos used in your motor carrier operations cost of hire means 1. Thetotal dollar amount of costs you incurred for the hire of automobiles includes trailers and semitrailers and if not included therein 2. Thetotal remunerations of all operators and drivers helpers of hired automobiles whether hired with a driver by lessor or an employee of the lessee or any other third party and 3. Thetotal dollar amount of any other costs i.e. repair maintenance fuel etc. directly associated with operating the hired automobiles whether such costs are absorbed by the insured paid to the lessor or owner or paid to others. COVERED AUTOS LIABILITY COVERAGE Cost Of Hire Rating Basis for Autos NOT Used In Your Motor Carrier Operations Other Than Mobile Or Farm Equipment COVERED AUTOS ESTIMATED ANNUAL LIABILITY COVERAGE STATE COST OF HIRE FOR EACH STATE PREMIUM Primary Coverage NE 4500000 178155 Excess Coverage TOTAL HIRED AUTO PREMIUM For autos NOT used in your motor carrier operations cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for services performed by motor carriers of property or passengers. biles includes trailers and Page 6 AU DEC C W 1013 Insured Copy | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS COVERED AUTOS LIABILITY COVERAGE Cost Of Hire Rating Basis for Autos Used In Your Motor Carrier Operations Other Than Mobile Or Farm Equipment COVERED AUTOS ESTIMATED ANNUAL LIABILITY COVERAGE COST OF HIRE FOR EACH STATE PREMIUM Primary Coverage Excess Coverage TOTAL HIRED AUTO PREMIUM For autos used in your motor carrier operations cost of hire means 1. Thetotal dollar amount of costs you incurred for the hire of automobiles includes trailers and semitrailers and if not included therein 2. Thetotal remunerations of all operators and drivers helpers of hired automobiles whether hired with a driver by lessor or an employee of the lessee or any other third party and 3. Thetotal dollar amount of any other costs i.e. repair maintenance fuel etc. directly associated with operating the hired automobiles whether such costs are absorbed by the insured paid to the lessor or owner or paid to others. COVERED AUTOS LIABILITY COVERAGE Cost Of Hire Rating Basis for Autos NOT Used In Your Motor Carrier Operations Other Than Mobile Or Farm Equipment COVERED AUTOS ESTIMATED ANNUAL LIABILITY COVERAGE STATE COST OF HIRE FOR EACH STATE PREMIUM Primary Coverage uT IF ANY INCL Excess Coverage TOTAL HIRED AUTO PREMIUM For autos NOT used in your motor carrier operations cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for services performed by motor carriers of property or passengers. biles includes trailers and AU DEC C W 1013 Page 7 Insured Copy | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS COVERED AUTOS LIABILITY COVERAGE Cost Of Hire Rating Basis for Autos Used In Your Motor Carrier Operations Other Than Mobile Or Farm Equipment ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE COVERED AUTOS LIABILITY COVERAGE PREMIUM Primary Coverage Excess Coverage TOTAL HIRED AUTO PREMIUM For autos used in your motor carrier operations cost of hire means 1. Thetotal dollar amount of costs you incurred for the hire of automobiles includes trailers and semitrailers and if not included therein 2. Thetotal remunerations of all operators and drivers helpers of hired automobiles whether hired with a driver by lessor or an employee of the lessee or any other third party and 3. Thetotal dollar amount of any other costs i.e. repair maintenance fuel etc. directly associated with operating the hired automobiles whether such costs are absorbed by the insured paid to the lessor or owner or paid to others. COVERED AUTOS LIABILITY COVERAGE Cost Of Hire Rating Basis for Autos NOT Used In Your Motor Carrier Operations Other Than Mobile Or Farm Equipment COVERED AUTOS ESTIMATED ANNUAL LIABILITY COVERAGE STATE COST OF HIRE FOR EACH STATE PREMIUM Primary Coverage VA IF ANY INCL Excess Coverage TOTAL HIRED AUTO PREMIUM 178155 For autos NOT used in your motor carrier operations cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for services performed by motor carriers of property or passengers. biles includes trailers and Page 8 AU DEC C W 1013 Insured Copy | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS Contd Physical Damage Coverages Cost Of Hire Rating Basis For All Autos Other Than Mobile or Farm Equipment ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE Excluding Autos Hired With COVERAGE STATE LIMIT OF INSURANCE A Driver PREMIUM ACTUAL CASH VALUE OR COST OF IF ANY 125 COMPREHENSIVE IA REPAIR WHICHEVER IS LESS MINUS 100 DEDUCTIBLE FOR EACH COVERED AUTO BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING. ACTUAL CASH VALUE OR COST OF SPECIFIED REPAIR WHICHEVER IS LESS MINUS CAUSES DEDUCTIBLE FOR EACH OF LOSS COVERED AUTO FOR LOSS CAUSED BY MISCHIEF OR VANDALISM. ACTUAL CASH VALUE OR COST OF COLLISION 1A TEANY 125 REPAIR WHICHEVER IS LESS MINUS 500 DEDUCTIBLE FOR EACH COVERED AUTO. TOTAL HIRED AUTO PREMIUM For Physical Damage Coverages cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for any auto that is leased hired rented or borrowed with a driver. OLLISION Page 9 AU DEC C W 1013 Insured Copy | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS Contd Physical Damage Coverages Cost Of Hire Rating Basis For All Autos Other Than Mobile or Farm Equipment ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE Excluding Autos Hired With COVERAGE STATE LIMIT OF INSURANCE A Driver PREMIUM ACTUAL CASH VALUE OR COST OF IF ANY 125 COMPREHENSIVE D REPAIR WHICHEVER IS LESS MINUS 100 DEDUCTIBLE FOR EACH COVERED AUTO BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING. ACTUAL CASH VALUE OR COST OF SPECIFIED REPAIR WHICHEVER IS LESS MINUS CAUSES DEDUCTIBLE FOR EACH OF LOSS COVERED AUTO FOR LOSS CAUSED BY MISCHIEF OR VANDALISM. ACTUAL CASH VALUE OR COST OF COLLISION D TEANY 125 REPAIR WHICHEVER IS LESS MINUS 500 DEDUCTIBLE FOR EACH COVERED AUTO. TOTAL HIRED AUTO PREMIUM For Physical Damage Coverages cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for any auto that is leased hired rented or borrowed with a driver. ID OLLISION ID Page 10 AU DEC C W 1013 Insured Copy | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS Contd Physical Damage Coverages Cost Of Hire Rating Basis For All Autos Other Than Mobile or Farm Equipment ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE Excluding Autos Hired With COVERAGE STATE LIMIT OF INSURANCE A Driver PREMIUM ACTUAL CASH VALUE OR COST OF IF ANY 125 COMPREHENSIVE IL REPAIR WHICHEVER IS LESS MINUS 100 DEDUCTIBLE FOR EACH COVERED AUTO BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING. ACTUAL CASH VALUE OR COST OF SPECIFIED REPAIR WHICHEVER IS LESS MINUS CAUSES DEDUCTIBLE FOR EACH OF LOSS COVERED AUTO FOR LOSS CAUSED BY MISCHIEF OR VANDALISM. ACTUAL CASH VALUE OR COST OF COLLISION L TEANY 125 REPAIR WHICHEVER IS LESS MINUS 500 DEDUCTIBLE FOR EACH COVERED AUTO. TOTAL HIRED AUTO PREMIUM For Physical Damage Coverages cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for any auto that is leased hired rented or borrowed with a driver. L OLLISION L AU DEC C W 1013 Page 11 Insured Copy | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS Contd Physical Damage Coverages Cost Of Hire Rating Basis For All Autos Other Than Mobile or Farm Equipment ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE Excluding Autos Hired With COVERAGE STATE LIMIT OF INSURANCE A Driver PREMIUM ACTUAL CASH VALUE OR COST OF IF ANY 125 COMPREHENSIVE KS REPAIR WHICHEVER IS LESS MINUS 100 DEDUCTIBLE FOR EACH COVERED AUTO BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING. ACTUAL CASH VALUE OR COST OF SPECIFIED REPAIR WHICHEVER IS LESS MINUS CAUSES DEDUCTIBLE FOR EACH OF LOSS COVERED AUTO FOR LOSS CAUSED BY MISCHIEF OR VANDALISM. ACTUAL CASH VALUE OR COST OF COLLISION KS TEANY 125 REPAIR WHICHEVER IS LESS MINUS 500 DEDUCTIBLE FOR EACH COVERED AUTO. TOTAL HIRED AUTO PREMIUM For Physical Damage Coverages cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for any auto that is leased hired rented or borrowed with a driver. KS OLLISION KS Page 12 AU DEC C W 1013 Insured Copy | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS Contd Physical Damage Coverages Cost Of Hire Rating Basis For All Autos Other Than Mobile or Farm Equipment ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE Excluding Autos Hired With COVERAGE STATE LIMIT OF INSURANCE A Driver PREMIUM ACTUAL CASH VALUE OR COST OF 100 000 597 COMPREHENSIVE NE REPAIR WHICHEVER IS LESS MINUS 100 DEDUCTIBLE FOR EACH COVERED AUTO BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING. ACTUAL CASH VALUE OR COST OF SPECIFIED REPAIR WHICHEVER IS LESS MINUS CAUSES DEDUCTIBLE FOR EACH OF LOSS COVERED AUTO FOR LOSS CAUSED BY MISCHIEF OR VANDALISM. ACTUAL CASH VALUE OR COST OF COLLISION NE 100000 886 REPAIR WHICHEVER IS LESS MINUS 500 DEDUCTIBLE FOR EACH COVERED AUTO. TOTAL HIRED AUTO PREMIUM For Physical Damage Coverages cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for any auto that is leased hired rented or borrowed with a driver. NE T Er OLLISION NE T Er Page 13 AU DEC C W 1013 Insured Copy | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS Contd Physical Damage Coverages Cost Of Hire Rating Basis For All Autos Other Than Mobile or Farm Equipment ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE Excluding Autos Hired With COVERAGE STATE LIMIT OF INSURANCE A Driver PREMIUM ACTUAL CASH VALUE OR COST OF IF ANY 50 COMPREHENSIVE UT REPAIR WHICHEVER IS LESS MINUS 100 DEDUCTIBLE FOR EACH COVERED AUTO BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING. ACTUAL CASH VALUE OR COST OF SPECIFIED REPAIR WHICHEVER IS LESS MINUS CAUSES DEDUCTIBLE FOR EACH OF LOSS COVERED AUTO FOR LOSS CAUSED BY MISCHIEF OR VANDALISM. ACTUAL CASH VALUE OR COST OF COLLISION ur TEANY 50 REPAIR WHICHEVER IS LESS MINUS 500 DEDUCTIBLE FOR EACH COVERED AUTO. TOTAL HIRED AUTO PREMIUM For Physical Damage Coverages cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for any auto that is leased hired rented or borrowed with a driver. JT OLLISION JT AU DEC C W 1013 Page 14 Insured Copy | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS Contd Physical Damage Coverages Cost Of Hire Rating Basis For All Autos Other Than Mobile or Farm Equipment ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE Excluding Autos Hired With COVERAGE STATE LIMIT OF INSURANCE A Driver PREMIUM ACTUAL CASH VALUE OR COST OF IF ANY s 150 COMPREHENSIVE VA REPAIR WHICHEVER IS LESS MINUS 100 DEDUCTIBLE FOR EACH COVERED AUTO BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING. ACTUAL CASH VALUE OR COST OF SPECIFIED REPAIR WHICHEVER IS LESS MINUS CAUSES DEDUCTIBLE FOR EACH OF LOSS COVERED AUTO FOR LOSS CAUSED BY MISCHIEF OR VANDALISM. ACTUAL CASH VALUE OR COST OF COLLISION VA REPAIR WHICHEVER IS LESS MINUS T AN s 150 500 DEDUCTIBLE FOR EACH COVERED AUTO. TOTAL HIRED AUTO PREMIUM 2883 For Physical Damage Coverages cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for any auto that is leased hired rented or borrowed with a driver. OLLISION AU DEC C W 1013 Page 15 Insured Copy | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS Contd COVERAGE Covered Autos Liability Primary Coverage STATE Cost Of Hire Rating Basis For Mobile Or Farm Equipment Other Than Physical Damage Coverages ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE PREMIUM Mobile Farm Equipment Equipment Mobile Equipment Farm Equipment Covered Autos Liability Excess Coverage Personal Injury Protection Medical Expense Benefits Virginia Only Income Loss Benefits Virginia Only Auto Medical Payments TOTAL HIRED AUTO PREMIUM Cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for services performed by motor carriers of property or passengers. Page 16 AU DEC C W 1013 Insured Copy | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS Contd Cost Of Hire Rating Basis For Mobile or Farm Equipment Physical Damage Coverages COVERAGE COMPREHENSIVE STATE LIMIT OF INSURANCE ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER IS LESS MINUS DEDUCTIBLE FOR EACH COVERED AUTO BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING. ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE Excluding Autos Hired With A Driver PREMIUM Mobile Farm Equipment Equipment Mobile Farm Equipment Equipment SPECIFIED CAUSES OF LOSS ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER IS LESS MINUS DEDUCTIBLE FOR EACH COVERED AUTO FORLOSS CAUSED BY MISCHIEF OR VANDAL ISM. COLLISION ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER IS LESS MINUS DEDUCTIBLE FOR EACH COVERED AUTO. TOTAL HIRED AUTO PREMIUM For Physical Damage Coverages cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for any auto that is leased hired rented or borrowed with a driver. ECIFIED AUSES F LOSS OLLISION AU DEC C W 1013 Page 17 Insured Copy | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS Contd Rental Period Rating Basis For Mobile Or Farm Equipment COVERAGE ESTIMATED NUMBER OF DAYS EQUIPMENT WILL TOWN AND STATE BE RENTED PREMIUM Mobile Equipment Farm Equipment WHERE THE JOB SITE IS LOCATED Mobile Equipment Farm Equipment Covered Autos Liability Primary Coverage Covered Autos Liability Excess Coverage Personal Injury Protection Medical Expense Benefits Virginia Only Income Loss Benefits Virginia Only Auto Medical Payments TOTAL HIRED AUTO PREMIUMS ITEM FIVE SCHEDULE FOR NON OWNERSHIP COVERED AUTOS LIABILITY NAMED INSURED S BUSINESS Other Than Garage Service Operations And Other Than Social Service Agencies RATING BASIS Number Of Employees NUMBER 435 PREMIUM 3167 Number Of Partners Active and Inactive Garage Service Operations Number Of Employees Whose Principal Duty Involves The Operation Of Autos Number Of Partners Active and Inactive Social Service Agencies Number Of Employees Number Of Volunteers Who Regularly Use Autos To Transport Clients Number Of Partners Active and Inactive TOTAL NON OWNERSHIP COVERED AUTOS LIABILITY PREMIUM 6334 Page 18 AU DEC C W 1013 Insured Copy | 2 |
ITEM SIX SCHEDULE FOR GROSS RECEIPTS OR MILEAGE BASIS Type Of Risk Check one Public Autos Leasing Or Rental Concerns Rating Basis Check one Gross Receipts Per 100 Mileage Per Mile Estimated Yearly Check One Gross Receipts Per 100 Mileage Premiums Covered Autos Liability Personal Injury Protection Added Personal Injury Protection Property Protection Insurance Michigan Only Auto Medical Payments Medical Expense And Income Loss Benefits Virginia Only Comprehensive Specified Causes Of Loss Collision Towing And Labor When used as a premium basis FOR PUBLIC AUTOS Gross receipts means the total amount earned by the named insured for transporting passengers mail and merchandise. Gross receipts does not include 1. Amounts paid to air sea or land carriers operating under their own permits. 2. Advertising revenue. 3. Taxes collected as a separate item and paid directly to the government. 4. C.0.D. collections for cost of mail or merchandise including collection fees. Mileage means the total live and dead mileage of all revenue producing autos during the policy period. FOR RENTAL OR LEASING CONCERNS Gross receipts means the total amount earned by the named insured for the leasing or renting of autos to others without drivers. Mileage means the total live and dead mileage of all autos you leased or rented to others without drivers. AU DEC C W 1013 Page 19 Insured Copy | 2 |
COMMERCIAL AUTO CA 00011013 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations. The words we us and our refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION I COVERED AUTOS Item Two of the Declarations shows the autos that are covered autos for each of your coverages. The following numerical symbols describe the autos that may be covered autos. The symbols entered next to a coverage on the Declarations designate the only autos that are covered autos. A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 Any Auto 2 Owned Autos Only those autos you own and for Covered Autos Liability Coverage any Only trailers you do nt own while attached to power units you own. This includes those autos you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger autos you own. This includes those private Passenger passenger autos you acquire ownership of after the policy begins. Autos Only 4 Owned Only those autos you own that are not of the private passenger type and for Autos Other Covered Autos Liability Coverage any trailers you do nt own while attached to Than Private power units you own. This includes those autos not of the private passenger Passenger type you acquire ownership of after the policy begins. Autos Only 5 Owned Autos Only those autos you own that are required to have no fault benefits in the state Subject To where they are licensed or principally garaged. This includes those autos you No fault acquire ownership of after the policy begins provided they are required to have no fault benefits in the state where they are licensed or principally garaged. 6 Owned Autos Only those autos you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and can not reject Uninsured Compulsory Motorists Coverage. This includes those autos you acquire ownership of after the Uninsured policy begins provided they are subject to the same state uninsured motorists Motorists Law requirement. 7 Specifically Only those autos described in Item Three of the Declarations for which a Described premium charge is shown and for Covered Autos Liability Coverage any trailers Autos you do nt own while attached to any power unit described in Item Three. 8 Hired Autos Only those autos you lease hire rent or borrow. This does not include any auto Only you lease hire rent or borrow from any of your employees partners if you are a partnership members if you are a limited liability company or members of their households. 9 Non owned Only those autos you do not own lease hire rent or borrow that are used in Autos Only connection with your business. This includes autos owned by your employees partners if you are a partnership members if you are a limited liability company or members of their households but only while used in your business or your personal affairs. utos drly CA 00011013 Insurance Services Office Inc. 2011 Insured Copy Page 1 of 12 | 2 |
19 Mobile Equipment Subject To Compulsory Or Financial Responsibility Or Other Motor Vehicle Insurance Law Only Only those autos that are land vehicles and that would qualify under the definition of mobile equipment under this policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are licensed or principally garaged. B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1 2 3 4 5 6 or 19 are entered next to a coverage in Item Two of the Declarations then you have coverage for autos that you acquire of the type described for the remainder of the policy period. 2. But if Symbol 7 is entered next to a coverage in Item Two of the Declarations an auto you acquire will be a covered auto for that coverage only if a. We already cover all autos that you own for that coverage or it replaces an auto you previously owned that had that coverage and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. C. Certain Trailers Mobile Equipment And Temporary Substitute Autos If Covered Autos Liability Coverage is provided by this Coverage Form the following types of vehicles are also covered autos for Covered Autos Liability Coverage 1. Trailers with a load capacity of 2000 pounds or less designed primarily for travel on public roads. 2. Mobile equipment while being carried or towed by a covered auto. 3. Any auto you do not own while used with the permission of its owner as a temporary substitute for a covered auto you own that is out of service because of its a. Breakdown. Repair. Servicing. Loss or. Destruction. LI SECTION Il COVERED AUTOS LIABILITY COVERAGE A. Coverage We will pay all sums an insured legally must pay as damages because of bodily injury or property damage to which this insurance applies caused by an accident and resulting from the ownership maintenance or use of a covered auto. We will also pay all sums an insured legally must pay as a covered pollution cost or expense to which this insurance applies caused by an accident and resulting from the ownership maintenance or use of covered autos. However we will only pay for the covered pollution cost or expense if there is either bodily injury or property damage to which this insurance applies that is caused by the same accident. We have the right and duty to defend any insured against a suit asking for such damages or a covered pollution cost or expense. However we have no duty to defend any insured against a suit seeking damages for bodily injury or property damage or a covered pollution cost or expense to which this insurance does not apply. We may investigate and settle any claim or suit as we consider appropriate. Our duty to defend or settle ends when the Covered Autos Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are insureds a. You for any covered auto. b. Anyone else while using with your permission a covered auto you own hire or borrow except 1 The owner or anyone else from whom you hire or borrow a covered auto. This exception does not apply if the covered auto is a trailer connected to a covered auto you own. Page 2 of 12 Insurance Services Office Inc. 2011 Insured Copy CA 00011013 | 2 |
2 Your employee if the covered auto is owned by that employee or a member of his or her household. 3 Someone using a covered auto while he or she is working in a business of selling servicing repairing parking or storing autos unless that business is yours. Anyone other than your employees partners if you are a partnership members if you are a limited liability company or a lessee or borrower or any of their employees while moving property to or from a covered auto. A partner if you are a partnership or a member if you are a limited liability company for a covered auto owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an insured described above but only to the extent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the insured 1 All expenses we incur. 2 Up to 2000 for cost of bail bonds including bonds for related traffic law violations required because of an accident we cover. We do not have to furnish these bonds. The cost of bonds to release attachments in any suit against the insured we defend but only for bond amounts within our Limit of Insurance. All reasonable expenses incurred by the insured at our request including actual loss of earnings up to 250 a day because of time off from work. Al court costs taxed against the insured in any suit against the insured we defend. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. All interest on the full amount of any judgment that accrues after entry of the judgment in any suit against the insured we defend but our duty to pay interest ends when we have paid offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. 4 5 3 4 5 6 These payments will not reduce the Limit of Insurance. b. Out of state Coverage Extensions While a covered auto is away from the state where it is licensed we will 1 Increase the Limit of Insurance for Covered Autos Liability Coverage to meet the limits specified by a compulsory or financial responsibility law of the jurisdiction where the covered auto is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or property. Provide the minimum amounts and types of other coverages such as no fault required of out of state vehicles by the jurisdiction where the covered auto is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the following 1. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. 2. Contractual Liability assumed under any contract or agreement. But this exclusion does not apply to liability for damages a. Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement or b. That the insured would have in the absence of the contract or agreement. 3. Workers Compensation Any obligation for which the insured or the insured s insurer may be held liable under any workers compensation disability benefits or unemployment compensation law or any similar law. 2 CA 00011013 Insurance Services Office Inc. 2011 Insured Copy Page 3 of 12 | 2 |
4. Employee Indemnification And Employer s Liabi Bodily injury to a. An employee of the insured arising out of and in the course of 1 Employment by the insured or 2 Performing the duties related to the conduct of the insured s business or b. The spouse child parent brother or sister of that employee as a consequence of Paragraph a. above. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to bodily injury to domestic employees not entitled to workers compensation benefits or to liability assumed by the insured under an insured contract. For the purposes of the Coverage Form a domestic employee is a person engaged in household or domestic work performed principally in connection with a residence premises. 5. Fellow Employee Bodily injury to a. Any fellow employee of the insured arising out of and in the course of the fellow employee s employment or while performing duties related to the conduct of your business or b. The spouse child parent brother or sister of that fellow employee as a consequence of Paragraph a. above. 6. Care Custody Or Control Property damage to or covered pollution cost or expense involving property owned or transported by the insured or in the insured s care custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. Handling Of Property Bodily injury or property damage resulting from the handling of property a. Before it is moved from the place where it is accepted by the insured for movement into or onto the covered auto or b. After it is moved from the covered auto to the place where it is finally delivered by the insured. 8. Movement Of Property By Mechanical Device Bodily injury or property damage resulting from the movement of property by a mechanical device other than a hand truck unless the device is attached to the covered auto. 9. Operations Bodily injury or property damage arising out of the operation of a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definiton of mobile equipment or b. Machinery or equipment that is on attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 10. Completed Operations Bodily injury or property damage arising out of your work after that work has been completed or abandoned. In this exclusion your work means a. Work or operations performed by you or on your behalf and b. Materials parts or equipment furnished in connection with such work or operations. Your work includes warranties or representations made at any time with respect to the fitness quality durability or performance of any of the items included in Paragraph a. or b. above. Your work will be deemed completed at the earliest of the following times 1 When all of the work called for in your contract has been completed 2 When all of the work to be done at the site has been completed if your contract calls for work at more than one site or When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. 3 Page 4 of 12 Insurance Services Office Inc. 2011 Insured Copy CA 00011013 | 2 |
11. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. Pollution Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a. That are or that are contained in any property that is 1 Being transported or towed by handled or handled for movement into onto or from the covered auto 2 Otherwise in the course of transit by or on behalf of the insured or 3 Being stored disposed of treated or processed in or upon the covered auto b. Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto the covered auto or c. After the pollutants or any property in which the pollutants are contained are moved from the covered auto to the place where they are finally delivered disposed of or abandoned by the insured. Paragraph a. above does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of the covered auto or its parts if 1 The pollutants escape seep migrate or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and The bodily injury property damage or covered pollution cost or expense does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of mobile equipment. 2 Paragraphs b. and c. above of this exclusion do not apply to accidents that occur away from premises owned by or rented to an insured with respect to pollutants not in or upon a covered auto if a The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered auto and b The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. 12. War Bodily injury or property damage arising directly or indirectly out of a. War including undeclared or civil war b. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. 13. Racing Covered autos while used in any professional or organized racing or demolition contest or stunting activity or while practicing for such contest or activity. This insurance also does not apply while that covered auto is being prepared for such a contest or activity. C. Limit Of Insurance Regardless of the number of covered autos insureds premiums paid claims made or vehicles involved in the accident the most we will pay for the total of all damages and covered pollution cost or expense combined resulting from any one accident is the Limit Of Insurance for Covered Autos Liability Coverage shown in the Declarations. CA 00011013 Insurance Services Office Inc. 2011 Insured Copy Page 5 of 12 | 2 |
All bodily injury property damage and covered pollution cost or expense resulting from continuous or repeated exposure to substantially the same conditions will be considered as resulting from one accident. No one will be entitled to receive duplicate payments for the same elements of loss under this Coverage Form and any Medical Payments Coverage endorsement Uninsured Motorists Coverage endorsement or Underinsured Motorists Coverage endorsement attached to this Coverage Part. SECTION lll PHYSICAL DAMAGE COVERAGE A. Coverage 1. We will pay for loss to a covered auto or its equipment under a. Comprehensive Coverage From any cause except 1 The covered auto s collision with another object or 2 The covered auto s overturn. b. Specified Causes Of Loss Coverage Caused by 1 Fire lightning or explosion 2 Theft 3 Windstorm hail or earthquake 4 Flood 5 Mischief or vandalism or 6 The sinking burning collision or derailment of any conveyance transporting the covered auto. c. Collision Coverage Caused by 1 The covered auto s collision with another object or 2 The covered auto s overturn. 2. Towing We will pay up to the limit shown in the Declarations for towing and labor costs incurred each time a covered auto of the private passenger type is disabled. However the labor must be performed at the place of disablement. 3. Glass Breakage Hitting A Bird Or Animal Falling Objects Or Missiles If you carry Comprehensive Coverage for the damaged covered auto we will pay for the following under Comprehensive Coverage a. Glass breakage b. Loss caused by hitting a bird or animal and c. Loss caused by falling objects or missiles. However you have the option of having glass breakage caused by a covered auto s collision or overturn considered a loss under Collision Coverage. 4. Coverage Extensions a. Transportation Expenses We will pay up to 20 per day to a maximum of 600 for temporary transportation expense incurred by you because of the total theft of a covered auto of the private passenger type. We will pay only for those covered autos for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending regardless of the policy s expiration when the covered auto is returned to use or we pay for its loss. b. Loss Of Use Expenses For Hired Auto Physical Damage we will pay expenses for which an insured becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by 1 Other than collision only if the Declarations indicates that Comprehensive Coverage is provided for any covered auto 2 Specified Causes Of Loss only if the Declarations indicates that Specified Causes Of Loss Coverage is provided for any covered auto or Page 6 of 12 Insurance Services Office Inc. 2011 Insured Copy CA 00011013 | 2 |
3 Collision only if the Declarations indicates that Collision Coverage is provided for any covered auto. However the most we will pay for any expenses for loss of use is 20 per day to a maximum of 600. B. Exclusions 1. We will not pay for loss caused by or resulting from any of the following. Such loss is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. a. Nuclear Hazard 1 The explosion of any weapon employing atomic fission or fusion or 2 Nuclear reaction or radiation or radioactive contamination however caused. b. War Or tary Action 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. 2. We will not pay for loss to any covered auto while used in any professional or organized racing or demolition contest or stunting activity or while practicing for such contest or activity. We will also not pay for loss to any covered auto while that covered auto is being prepared for such a contest or activity. 3. We will not pay for loss due and confined to a. Wear and tear freezing mechanical or electrical breakdown. b. Blowouts punctures or other road damage to tires. This exclusion does not apply to such loss resulting from the total theft of a covered auto. 4. We will not pay for loss to any of the following a. Tapes records discs or other similar audio visual or data electronic devices designed for use with audio visual or data electronic equipment. 3 b. Any device designed or used to detect speed measuring equipment such as radar or laser detectors and any jamming apparatus intended to elude or disrupt speed measuring equipment. c. Any electronic equipment without regard to whether this equipment is permanently installed that reproduces receives or transmits audio visual or data signals. d. Any accessories used with the electronic equipment described in Paragraph c. above. 5. Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the auto s electrical system that at the time of loss is a. Permanently installed in or upon the covered auto b. Removable from a housing unit which is permanently installed in or upon the covered auto c. An integral part of the same unit housing any electronic equipment described in Paragraphs a. and b. above or d. Necessary for the normal operation of the covered auto or the monitoring of the covered auto s operating system. 6. We will not pay for loss to a covered auto due to diminution in value. C. Limits Of Insurance 1. The most we will pay for a. Loss to any one covered auto is the lesser of 1 The actual cash value of the damaged or stolen property as of the time of the loss or 2 The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. b. All electronic equipment that reproduces receives or transmits audio visual or data signals in any one loss is 1000 if at the time of loss such electronic equipment is 1 Permanently installed in or upon the covered auto in a housing opening or other location that is not normally used by the auto manufacturer for the installation of such equipment CA 00011013 Insurance Services Office Inc. 2011 Insured Copy Page 7 of 12 | 2 |
2 Removable from a permanently installed housing unit as described in Paragraph b.1 above or 3 An integral part of such equipment as described in Paragraphs b.1 and b.2 above. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total loss. 3. If a repair or replacement results in better than like kind or quality we will not pay for the amount of the betterment. D. Deductible For each covered auto our obligation to pay for repair return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to loss caused by fire or lightning. SECTION IV BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions A. Loss Conditions 1. Appraisal For Physical Damage Loss If you and we disagree on the amount of loss either may demand an appraisal of the loss. In this event each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The appraisers will state separately the actual cash value and amount of loss. If they fail to agree they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will a. Pay its chosen appraiser and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal we will still retain our right to deny the claim. 2. Duties In The Event Of Accident Claim Suit Or Loss We have no duty to provide coverage under this policy unless there has been full compliance with the following duties a. In the event of accident claim suit or loss you must give us or our authorized representative prompt notice of the accident or loss. Include 1 How when and where the accident or loss occurred b. c. 2 The insured s name and address and 3 To the extent possible the names and addresses of any injured persons and witnesses. Additionally you and any other involved insured must 1 Assume no obligation make no payment or incur no expense without our consent except at the insured s own cost. 2 Immediately send us copies of any request demand order notice summons or legal paper received concerning the claim or suit. 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit. Authorize us to obtain medical records or other pertinent information. 5 Submit to examination at our expense by physicians of our choice as often as we reasonably require. If there is loss to a covered auto or its equipment you must also do the following 1 Promptly notify the police if the covered auto or any of its equipment is stolen. 2 Take all reasonable steps to protect the covered auto from further damage. Also keep a record of your expenses for consideration in the settlement of the claim. 3 Permit us to inspect the covered auto and records proving the loss before its repair or disposition. 4 Agree to examinations under oath at our request and give us a signed statement of your answers. 4 3. Legal Action Against Us No one may bring a legal action against us under this Coverage Form until b. There has been full compliance with all the terms of this Coverage Form and Under Covered Autos Liability Coverage we agree in writing that the insured has an obligation to pay or until the amount of that obligation has finally been determined by judgment after trial. No one has the right under this policy to bring us into an action to determine the insured s liability. Page 8 of 12 Insurance Services Office Inc. 2011 Insured Copy CA 00011013 | 2 |
4. Loss Payment Physical Damage Coverages At our option we may a. Pay for repair or replace damaged or stolen property b. Return the stolen property at our expense. We will pay for any damage that results to the auto from the theft or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the loss our payment will include the applicable sales tax for the damaged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after accident or loss to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the insured or the insured s estate will not relieve us of any obligations under this Coverage Form. 2. Concealment Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other insured at any time intentionally conceals or misrepresents a material fact concerning a. This Coverage Form b. The covered auto c. Your interest in the covered auto or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge your policy will automatically provide the additional coverage as of the day the revision is effective in your state. 4. No Benefit To Bailee Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding storing or transporting property for a fee regardless of any other provision of this Coverage Form. CA00011013 Insurance Servic 5. Other Insurance a. For any covered auto you own this Coverage Form provides primary insurance. For any covered auto you do nt own the insurance provided by this Coverage Form is excess over any other collectible insurance. However while a covered auto which is a trailer is connected to another vehicle the Covered Autos Liability Coverage this Coverage Form provides for the trailer is 1 Excess while it is connected to a motor vehicle you do not own or 2 Primary while it is connected to a covered auto you own. b. For Hired Auto Physical Damage Coverage any covered auto you lease hire rent or borrow is deemed to be a covered auto you own. However any auto that is leased hired rented or borrowed with a driver is not a covered auto. c. Regardless of the provisions of Paragraph a. above this Coverage Form s Covered Autos Liability Coverage is primary for any liability assumed under an insured contract. d. When this Coverage Form and any other Coverage Form or policy covers on the same basis either excess or primary we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance if any. The due date for the final premium or retrospective premium is the date shown as the due date on the bill. If the estimated total premium exceeds the final premium due the first Named Insured will get a refund. b. If this policy is issued for more than one year the premium for this Coverage Form will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. Insurance Services Office Inc. 2011 Insured Copy Page 9 of 12 | 2 |
7. Policy Period Coverage Territory Under this Coverage Form we cover accidents and losses occurring a. During the policy period shown in the Declarations and b. Within the coverage territory. The coverage territory is 1 The United States of America 2 The territories and possessions of the United States of America 3 Puerto Rico 4 Canada and 5 Anywhere in the world if a covered auto of the private passenger type is leased hired rented or borrowed without a driver for a period of 30 days or less provided that the insured s responsibility to pay damages is determined in a suit on the merits in the United States of America the territories and possessions of the United States of America Puerto Rico or Canada or in a settlement we agree to. We also cover loss to or accidents involving a covered auto while being transported between any of these places. 8. Two Or More Coverage Forms Or Policies Issued By Us If this Coverage Form and any other Coverage Form or policy issued to you by us or any company affiliated with us applies to the same accident the aggregate maximum Limit of Insurance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifically to apply as excess insurance over this Coverage Form. SECTION V DEFINITIONS A. Accident includes continuous or repeated exposure to the same conditions resulting in bodily injury or property damage.. Auto means 1. A land motor vehicle trailer or semitrailer designed for travel on public roads or 2. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment.. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these.. Covered pollution cost or expense means any cost or expense arising out of 1. Any request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2. Any claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Covered pollution cost or expense does not include any cost or expense arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a. That are or that are contained in any property that is 1 Being transported or towed by handled or handled for movement into onto or from the covered auto 2 Otherwise in the course of transit by or on behalf of the insured or 3 Being stored disposed of treated or processed in or upon the covered auto b. Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto the covered auto or c. After the pollutants or any property in which the pollutants are contained are moved from the covered auto to the place where they are finally delivered disposed of or abandoned by the insured. Page 10 of 12 Insurance Services Office Inc. 2011 Insured Copy CA 00011013 | 2 |
Paragraph a. above does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of the covered auto or its parts if 1 The pollutants escape seep migrate or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and The bodily injury property damage or covered pollution cost or expense does not arise out of the operation of any equipment listed in Paragraph 6.b. or 6.c. of the definition of mobile equipment. Paragraphs b. and c. above do not apply to accidents that occur away from premises owned by or rented to an insured with respect to pollutants not in or upon a covered auto if 2 a The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered auto and b The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. Diminution in value means the actual or perceived loss in market value or resale value which results from a direct and accidental loss.. Employee includes a leased worker. Employee does not include a temporary worker.. Insured means any person or organization qualifying as an insured in the Who Is An Insured provision of the applicable coverage. Except with respect to the Limit of Insurance the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or suit is brought.. Insured contract means 1. Alease of premises 2. A sidetrack agreement 3. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad 4. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality 5. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another to pay for bodily injury or property damage to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement or 6. That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or any of your employees of any auto. However such contract or agreement shall not be considered an insured contract to the extent that it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees. An insured contract does not include that part of any contract or agreement a. That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks roadbeds tunnel underpass or crossing b. That pertains to the loan lease or rental of an auto to you or any of your employees if the auto is loaned leased or rented with a driver or c. That holds a person or organization engaged in the business of transporting property by auto for hire harmless for your use of a covered auto over a route or territory that person or organization is authorized to serve by public authority. I. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker.. Loss means direct and accidental loss or damage. K. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment 1. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads 2. Vehicles maintained for use solely on or next to premises you own or rent 3. Vehicles that travel on crawler treads CA 00011013 Insurance Services Office Inc. 2011 Insured Copy Page 11 of 12 | 2 |
4. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted a. Power cranes shovels loaders diggers or drills or b. Road construction or resurfacing equipment such as graders scrapers or rollers 5. Vehicles not described in Paragraph 1. 2. 3. or 4. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types a. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or b. Cherry pickers and similar devices used to raise or lower workers or 6. Vehicles not described in Paragraph 1. 2. 3. or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos a. Equipment designed primarily for 1 Snow removal 2 Road maintenance but not construction or resurfacing or 3 Street cleaning b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and c. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting or well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. L. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. M. Property damage means damage to or loss of use of tangible property. N. Suit means a civil proceeding in which 1. Damages because of bodily injury or property damage or 2. Acovered pollution cost or expense to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages or covered pollution costs or expenses are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages or covered pollution costs or expenses are claimed and to which the insured submits with our consent. 0. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. P. Trailer includes semitrailer. Page 12 of 12 Insurance Services Office Inc. 2011 Insured Copy CA 00011013 | 2 |
COMMERCIAL AUTO CA01131013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COLORADO CHANGES For a covered auto licensed or principally garaged in or auto dealer operations conducted in Colorado this endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. Changes In Conditions A. The last paragraph in the Other Insurance Condition in the Auto Dealers and Business Auto Coverage Forms and the last paragraph in the Other Insurance Primary And Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following When this Coverage Form and any other Coverage Form or policy covers on the same basis either excess or primary the loss will be paid in accordance with the following method 1. All applicable policies will pay on an equal basis until the policy with the lowest limit of insurance is exhausted. 2. If any loss remains and there a. Are two or more remaining policies whose applicable limits of insurance have not been exhausted then such policies will continue to pay in accordance with Paragraph 1. or b. Is one remaining policy then such policy will continue to pay until its limit of insurance has been exhausted. B. The following condition is added If the insured s whereabouts for service of process can not be determined through reasonable effort the insured agrees to designate and irrevocably appoint us as the agent of the insured for service of process pleadings or other filings in a civil action brought against the insured or to which the insured has been joined as a defendant or respondent in any Colorado court if the cause of action concerns an incident for which the insured can possibly claim coverage. Subsequent termination of the insurance policy does not affect the appointment for an incident that occurred when the policy was in effect. The insured agrees that any such civil action may be commenced against the insured by the service of process upon us as if personal service had been made directly on the insured. We agree to forward all communications related to service of process to the last known e mail and mailing address of the policyholder in order to coordinate any payment of claims or defense of claims that are required. B. The following condition is added If the insured s whereabouts for service of process can not be determined through reasonable effort the insured agrees to designate and irrevocably appoint us as the agent of the insured for service of process pleadings or other filings in a civil action brought against the insured or to which the insured has been joined as a defendant or respondent in any Colorado court if the cause of action concerns an incident for which the insured can possibly claim coverage. Subsequent termination of the insurance policy does not affect the appointment for an incident that occurred when the policy was in effect. The insured agrees that any such civil action may be commenced against the insured by the service of process upon us as if personal service had been made directly on the insured. We agree to forward all communications related to service of process to the last known e mail and mailing address of the policyholder in order to coordinate any payment of claims or defense of claims that are required. CA01131013 Insurance Services Office Inc. 2012 Insured Copy Page 1 0of 1 | 2 |
COMMERCIAL AUTO CA01181113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IDAHO CHANGES For a covered auto licensed or principally garaged in or auto dealer operations conducted in Idaho this endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. A. Changes in Physical Damage Coverage When this Physical Damage Coverage applies to a loaned vehicle that you do not own the following applies with respect to such loaned vehicle 1. 2. The Limits Of Insurance Provision in Paragraph C.1. of the Business Auto and Motor Carrier Coverage Forms and in Paragraph 4.a. of the Auto Dealers Coverage Form is replaced by the following a. The most we will pay for 1 Loss to a covered loaned vehicle is the lesser of a The reasonable cost of repairing the loaned vehicle with other property of like kind and quality or b The owner s actual cost to replace the loaned vehicle with other property of like kind and quality. The Limits Of Insurance Provision in Paragraph C.2. of the Business Auto and Motor Carrier Coverage Forms and in Paragraph 4.b. of the Auto Dealers Coverage Form does not apply to a loaned vehicle. B. Changes In Conditions The Other Insurance Condition in the Auto Dealers and Business Auto Coverage Forms and the Other Insurance Primary And Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are revised by the addition of the following When this Coverage Form and any other Coverage Form or policy providing liability andor physical damage insurance apply with respect to an accident or loss involving a loaned vehicle and 1. 2. One provides coverage to a licensed seller or dealer that owns the loaned vehicle and The other provides coverage to the operator of the loaned vehicle and. At the time of such accident or loss the operator s liability andor physical damage insurance as described in Paragraph 2. is primary and the licensed seller or dealer s liability andor physical damage insurance described in Paragraph 1. is excess over any insurance available to that operator. C. Additional Definitions As used in this endorsement B. Changes In Conditions The Other Insurance Condition in the Auto Dealers and Business Auto Coverage Forms and the Other Insurance Primary And Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are revised by the addition of the following When this Coverage Form and any other Coverage Form or policy providing liability andor physical damage insurance apply with respect to an accident or loss involving a loaned vehicle and 1. One provides coverage to a licensed seller or dealer that owns the loaned vehicle and 2. The other provides coverage to the operator of the loaned vehicle and 3. At the time of such accident or loss the operator s liability andor physical damage insurance as described in Paragraph 2. is primary and the licensed seller or dealer s liability andor physical damage insurance described in Paragraph 1. is excess over any insurance available to that operator. C. Additional Definitions As used in this endorsement Loaned vehicle means a motor vehicle which is provided for temporary use without charge to the operator by a licensed seller or dealer for the purpose of demonstrating the vehicle to the operator as a prospective purchaser or as a convenience to the operator during the repairing or servicing of a motor vehicle for the operator regardless of whether such repair or service is performed by the owner of the loaned vehicles or by some other person or business. CA01181113 Insurance Services Office Inc. 2013 Insured Copy Page 1 of 1 | 2 |
COMMERCIAL AUTO CA 01200115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ILLINOIS CHANGES For a covered auto licensed or principally garaged in lllinois this endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. A. Changes In Covered Autos Liability Coverage 1. Paragraph 1.b.3 of the Who Is An Insured provision does not apply. 2. The Limit Of Insurance provision applies except that we will apply the Covered Autos Liability Coverage limit shown in the Declarations to first provide the separate limits required by the lllinois Safety Responsibility Law as follows a. 25000 for bodily injury to any one person caused by any one accident b. 50000 for bodily injury to two or more persons caused by any one accident and c. 20000 for property damage caused by any one accident. This provision will not change our total Limit of Insurance for Covered Autos Liability Coverage. B. Changes In Physical Damage Coverage Paragraph 3. of the Limits Of Insurance provision is replaced by the following 3. We may deduct for betterment if a. The deductions reflect a measurable decrease in market value attributable to the poorer condition of or prior damage to the vehicle. b. The deductions are for prior wear and tear missing parts and rust damage that are reflective of the general overall condition of the vehicle considering its age. In this event deductions may not exceed 500. C. Changes In Conditions The Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance Primary And Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are changed by the addition of the following Covered Autos Liability Coverage provided by this Coverage Form for any auto you do not own is primary if 1. The auto is owned or held for sale or lease by a new or used vehicle dealership 2. The auto is operated by an insured with the permission of the dealership described in Paragraph 1. while your auto is being repaired or evaluated and 3. The Limit of Insurance for Covered Autos Liability Coverage under this Policy is at least a. 100000 for bodily injury to any one person caused by any one accident b. 300000 for bodily injury to two or more persons caused by any one accident and c. 50000 for property damage caused by any one accident. C. Changes In Conditions The Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance Primary And Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are changed by the addition of the following Covered Autos Liability Coverage provided by this Coverage Form for any auto you do not own is primary if 1. The auto is owned or held for sale or lease by a new or used vehicle dealership 2. The auto is operated by an insured with the permission of the dealership described in Paragraph 1. while your auto is being repaired or evaluated and 3. The Limit of Insurance for Covered Autos Liability Coverage under this Policy is at least a. 100000 for bodily injury to any one person caused by any one accident b. 300000 for bodily injury to two or more persons caused by any one accident and c. 50000 for property damage caused by any one accident. CA 01200115 Insurance Services Office Inc. 2014 Insured Copy Page 1 0of 1 | 2 |
COMMERCIAL AUTO CA 01220619 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS CHANGES For a covered auto licensed or principally garaged in or auto dealer operations conducted in Kansas this endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. A. Changes In Covered Autos Liability Coverage c. The Fellow Employee Exclusion is 1. The paragraph within Supplementary replaced by the following Payments relating to court costs taxed against Fellow Employee the insured is replaced by the following Bodily injury to any fellow employee of All costs taxed against the insured in any the insured arising out of and in the suit against the insured we defend. course of the fellow employee s 2. Paragraph 2.b.4 of the Who Is An Insured employment or while performmg duties provision of the Auto Dealers Coverage Form related to the conduct of your business. does not apply. d. The Care Custody Or Control Exclusion 3. For coverage and limits required by the Kansas is replaced by the following Financial Responsibility law Exclusions is Care Custody Or Control changed as follows This coverage does not apply to property a. The Workers Compensation Exclusion is damage to property owned by rented to replaced by the following Workers Compensation Any obligation for which the insured or the insured s insurer may be held liable under any workers compensation disability benefits or any similar law. b. The Employee Indemnification And Employers Liability Exclusion is replaced by the following Employee Indemnification And Employers Liability This coverage does not apply to bodily injury to any employee of the insured arising out of and in the course of the employee s employment by the insured or while performing duties related to the conduct of the insured s business if benefits are required or available for the employee under any workers compensation or disability benefits law or under any similar law. This exclusion does not apply to liability assumed by the insured under an insured contract. or in charge of or transported by an insured. However this exclusion does not apply to property damage to a rented residence or private garage or to liability assumed by the insured under a sidetrack agreement.. The following is added to the War Exclusion This exclusion applies only to the extent that the limit of insurance for this coverage in this Policy exceeds the limit required by the Kansas Automobile Injury Reparations Act. f. The Racing Exclusion does not apply.. The exclusion relating to bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal release or escape of pollutants does not apply if the discharge dispersal release or escape is sudden and accidental.. The Fellow Employee Exclusion is replaced by the following Fellow Employee Bodily injury to any fellow employee of the insured arising out of and in the course of the fellow employee s employment or while performing duties related to the conduct of your business.. The Care Custody Or Control Exclusion is replaced by the following Care Custody Or Control This coverage does not apply to property damage to property owned by rented to or in charge of or transported by an insured. However this exclusion does not apply to property damage to a rented residence or private garage or to liability assumed by the insured under a sidetrack agreement.. The following is added to the War Exclusion This exclusion applies only to the extent that the limit of insurance for this coverage in this Policy exceeds the limit required by the Kansas Automobile Injury Reparations Act. f. The Racing Exclusion does not apply.. The exclusion relating to bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal release or escape of pollutants does not apply if the discharge dispersal release or escape is sudden and accidental. CA 01220619 Insurance Services Office Inc. 2018 Insured Copy Page 1 of 2 | 2 |
4. Our Limit of Insurance applies except that we will apply the limit shown in the Declarations to first provide the separate limits required by Kansas law as follows a. 25000 for bodily injury to any one person caused by any one accident b. 50000 for bodily injury to two or more persons caused by any one accident and c. 25000 for property damage caused by any one accident. This provision will not change our limit of insurance.. Changes In Physical Damage Coverage 1. The Diminution In Value Exclusion does not apply. 2. The Limits Of Insurance provision with respect to repair or replacement resulting in better than like kind or quality in any coverage form or endorsement does not apply.. Changes In Conditions 1. The following is added to the Loss Payment Physical Damage Coverages Condition An auto shall be deemed a total loss when such auto is required to be registered in this state and has been directly and accidentally wrecked or damaged to the extent that the total cost of repair is 75 or more of the fair market value in accordance with KAN. STAT. ANN. 8 197b2. 2. The Concealment Misrepresentation Or Fraud General Condition is replaced by the following Concealment Misrepresentation Or Fraud We will not pay under this coverage form if you or any other insured in relation to an insurance application rating claim or coverage under this Policy knowingly and with intent to defraud a. Presents causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer purported insurer broker or any agent thereof any written electronic electronic impulse facsimile magnetic oral or telephonic communication or statement which such person knows to contain materially false information concerning any material fact or b. Conceals information concerning any material fact for the purpose of misleading. Page 2 of 2 Insurance Services Office Inc. 2018 Insured Copy CA 01220619 | 2 |
COMMERCIAL AUTO CA01351013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES For a covered auto licensed or principally garaged in or for auto dealer operations conducted in Washington this endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. A. Changes In Covered Autos Liability Coverage The Employee Indemnification And Employer s Liability Exclusion applies only to bodily injury to any employee of the insured whose employment is not subject to the Industrial Insurance Act of Washington Washington Revised Code Title 51. With respect to bodily injury to employees of the insured whose employment is subject to the Industrial Insurance Act of Washington the Employee Indemnification And Employer s Liability Exclusion is replaced by the following Employee Indemnification And Employer s Liability This insurance does not apply to bodily injury to a. An employee of the insured arising out of and in the course of 1 Employment by the insured or 2 Performing duties related to the conduct of the insured s business or b. Any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to bodily injury to domestic employees not entitled to workers compensation benefits or to liability assumed by the insured under an insured contract. A domestic employee is a person engaged in household or domestic work performed principally in connection with a residence premises. B. Changes In Physical Damage Coverage 1. The lead in to Paragraph B.1. in the Business Auto and Motor Carrier Coverage Forms and Paragraph F.3.a. in the Auto Dealers Coverage Form is replaced by the following We will not pay for loss caused directly or indirectly by any of the following 2. The Limit Of Insurance provision with respect to repair or replacement resulting in better than like kind or quality is replaced by the following and supersedes any provision to the contrary We may deduct for betterment for parts normally subject to repair and replacement during the useful life of the auto. In this event deductions shall be limited to the lesser of a. An amount equal to the proportion that the expired life of the part to be repaired or replaced bears to the normal useful life of that part or b. The amount by which the resale value of the auto is increased from the repair or replacement. 3. The following is added to the Limit Of Insurance provision We will not pay for a loss which is paid under Underinsured Motorists Coverage. B. Changes In Physical Damage Coverage 1. The lead in to Paragraph B.1. in the Business Auto and Motor Carrier Coverage Forms and Paragraph F.3.a. in the Auto Dealers Coverage Form is replaced by the following We will not pay for loss caused directly or indirectly by any of the following 2. The Limit Of Insurance provision with respect to repair or replacement resulting in better than like kind or quality is replaced by the following and supersedes any provision to the contrary We may deduct for betterment for parts normally subject to repair and replacement during the useful life of the auto. In this event deductions shall be limited to the lesser of a. An amount equal to the proportion that the expired life of the part to be repaired or replaced bears to the normal useful life of that part or b. The amount by which the resale value of the auto is increased from the repair or replacement. 3. The following is added to the Limit Of Insurance provision We will not pay for a loss which is paid under Underinsured Motorists Coverage. CA01351013 Insurance Services Office Inc. 2012 Insured Copy Page 10f 3 | 2 |
C. Changes In Garagekeepers Coverage If Garagekeepers Coverage in the Auto Dealers Coverage Form is selected or if the Garagekeepers Coverage endorsement or the Garagekeepers Coverage Customers Sound Receiving Equipment endorsement is attached then the exclusion which refers to declared or undeclared war or insurrection is replaced by the following We will not pay for loss arising directly or indirectly out of the following a. War including undeclared or civil war b. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. D. Changes In General Liability Coverages With respect to the Auto Dealers Coverage Form 1. Exclusion 2.d. Employee Indemnification And Employer s Liability under Paragraph A. Bodily Injury And Property Damage Liability applies only to bodily injury to any employee of the insured whose employment is not subject to the Industrial Insurance Act of Washington Washington Revised Code Title 51. 2. With respect to bodily injury to employees of the insured whose employment is subject to the Industrial Insurance Act of Washington Exclusion 2.d. Employee Indemnification And Employer s Liability under Paragraph A. Bodily Injury And Property Damage Liability is replaced with the following d. Employee Indemnification And Employer s Liability Exclusion This insurance does not apply to bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 Any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. 3. Paragraphs 5.a.1 2 and 3 of the Who Is An Insured Dprovision apply only to employees of the insured whose employment is not subject to the Industrial Insurance Act of Washington Washington Revised Code Title 51. 4. With respect to employees of the insured whose employment is subject to the Industrial Insurance Act of Washington Paragraph 5.a. of the Who Is An Insured provision is replaced by the following a. Bodily injury or personal and advertising injury 1 To you if you are an individual your partners if you are a partnership your members if you are a limited liability company or a fellow employee of the insured while in the course of his or her employment or while performing duties related to the conduct of your auto dealer operations 2 For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1 above or 3 Arising out of his or her providing or failing to provide professional health care services. E. Changes In Conditions 1. The Appraisal For Physical Damage Loss Condition is replaced by the following Appraisal For Physical Damage Loss If you and we disagree on the amount of loss either may demand an appraisal of the loss. In this event each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The appraisers will state separately the actual cash value and amount of loss. If they fail to agree they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will a. Pay its chosen appraiser and b. Bear the other expenses of the appraisal and umpire equally. Neither we nor you shall be held to have waived any rights by any act relating to appraisal. Page 2 0f 3 Insurance Services Office Inc. 2012 Insured Copy CA 01351013 | 2 |
2. The Transfer Of Rights Of Recovery Against Others To Us Condition is replaced by the following Transfer Of Rights Of Recovery Against Others To Us a. If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another those rights are transferred to us for that payment. That person or organization must do everything necessary to secure our rights and must do nothing after accident or loss to impair them. b. We are entitled to a recovery only after the person or organization has been fully compensated for damages by another party. 3. The following is added to the Legal Action Against Us Condition If this action is brought pursuant to Sec. 3 of RCW 48.30 then 20 days prior to filing such an action you are required to provide written notice of the basis for the cause of action to us and the Office of the Insurance Commissioner. Such notice may be sent by regular mail registered mail or certified mail with return receipt requested. CA01351013 Insurance Services Office Inc. 2012 Insured Copy Page 30f 3 | 2 |
COMMERCIAL AUTO CA 01380520 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINNESOTA CHANGES For a covered auto licensed or principally garaged in Minnesota this endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. A. The Common Policy Conditions are amended as follows The Examination Of Your Books And Records Condition applies except that the time we have to examine your records after the policy period is changed from three years to one year. B. The third paragraph of A. Coverage in Section Il Covered Autos Liability Coverage is replaced by the following We have the right and duty to defend any insured against a suit asking for such damages or a covered pollution cost or expense. However we have no duty to defend any insured against a suit seeking damages for bodily injury or property damage or a covered pollution cost or expense to which this insurance does not apply. We will settle or defend as we consider appropriate any claim or suit asking for damages which are payable under the terms of this Coverage Form. C. Paragraph A.2.a. Coverage Extensions of Section Il Covered Autos Liability Coverage is amended by the addition of the following 7 Prejudgment interest awarded against the insured on that part of the judgment we pay. If we offer to pay the applicable Limit of Insurance we will not pay any prejudgment interest based on that period of time after the offer. D. Paragraph C. Limit Of Insurance in Section Il Covered Autos Liability Coverage is revised by the addition of the following We will apply the Limit Of Insurance for Covered Autos Liability Coverage shown in the Declarations to provide separate limits required by law for bodily injury liability and property damage liability. However this provision will not change our total Limit of Insurance. E. Paragraph A.2. of Section Il Trailer Interchange Coverage in the Motor Carrier Coverage Form is replaced by the following 2. We have the right and duty to defend any insured against a suit asking for these damages. However we have no duty to defend any insured against a suit seeking damages for any loss to which this insurance does not apply. We will settle or defend as we consider appropriate any claim or suit asking for damages which are payable under the terms of this Coverage Form. F. Paragraph A.3. Coverage Extensions of Section Il Trailer Interchange Coverage in the Motor Carrier Coverage Form is revised by the addition of the following f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we offer to pay the applicable Limit of Insurance we wil not pay any prejudgment interest based on that period of time after the offer. G. The Conditions are amended as follows 1. The Appraisal For Physical Damage Loss Condition is replaced by the following 1. Appraisal For Physical Damage Loss If you and we disagree on the amount of loss and the disputed amount is a. 10000 or less both parties must submit to appraisal or b. More than 10000 either party may demand an appraisal of the loss. E. Paragraph A.2. of Section Il Trailer Interchange Coverage in the Motor Carrier Coverage Form is replaced by the following 2. We have the right and duty to defend any insured against a suit asking for these damages. However we have no duty to defend any insured against a suit seeking damages for any loss to which this insurance does not apply. We will settle or defend as we consider appropriate any claim or suit asking for damages which are payable under the terms of this Coverage Form. F. Paragraph A.3. Coverage Extensions of Section Il Trailer Interchange Coverage in the Motor Carrier Coverage Form is revised by the addition of the following f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we offer to pay the applicable Limit of Insurance we wil not pay any prejudgment interest based on that period of time after the offer. G. The Conditions are amended as follows 1. The Appraisal For Physical Damage Loss Condition is replaced by the following 1. Appraisal For Physical Damage Loss If you and we disagree on the amount of loss and the disputed amount is a. 10000 or less both parties must submit to appraisal or b. More than 10000 either party may demand an appraisal of the loss. CA 01380520 Insurance Services Office Inc. 2019 Insured Copy Page 1 of 2 | 2 |
In the event of an appraisal each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The appraisers will state separately the actual cash value and amount of loss. If they fail to agree they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will a. Pay its chosen appraiser and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal we still retain our right to deny the claim. However we will not pay you any interest other than the interest that accrues between the time that it is determined that a loss shall be payable in accordance with this Appraisal Condition and before we pay tender or deposit in court payment for the loss. 2. The lead in wording of the Duties In The Event Of Accident Claim Suit Or Loss Condition is replaced by the following The following duties apply 3. Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following a. Our rights under this condition with respect to all coverages other than Covered Autos Liability Coverage do not apply against a person who is 21 years of age or older who 1 Had control over the premises and being in a reasonable position to prevent the consumption of alcoholic beverages knowingly or recklessly permitted the consumption of alcoholic beverages that caused the intoxication of a person under 21 years of age or Sold bartered furnished or gave to or purchased alcoholic beverages for a person under 21 years of age that caused the intoxication of a person under 21 years of age and that intoxicated person caused the injury loss or damage for which payment was made under this policy. 2 b. Our rights are subject to any applicable limitations contained in the Minnesota statutes. c. With respect to Physical Damage if you have received less than all of your deductible amount after a subrogation settlement or judgment you will retain your right to recover the remaining portion of the deductible from parties liable for the loss. d. Our rights do not apply against any person or organization insured under this or any other Coverage Form we issue with respect to the same accident or loss. 4. Paragraph B.1. Bankruptcy is replaced by the following 1. Bankruptcy Bankruptcy insolvency or dissolution of the insured or the insured s estate will not relieve us of any obligations under this Coverage Form. 5. The Concealment Misrepresentation Or Fraud Condition is amended as follows a. With respect to Covered Autos Liability Coverage the Concealment Misrepresentation Or Fraud Condition does not apply. b. With respect to other than Covered Autos Liability Coverage the Concealment Misrepresentation Or Fraud Condition is replaced by the following We will not pay for any loss or damage in any case of fraud by you at any time as it relates to this Coverage Form. We will not pay for any loss or damage if you or any other insured at any time intentionally conceals or misrepresents a material fact concerning 1 This Coverage Form 2 The covered auto 3 Your interest in the covered auto or 4 A claim under this Coverage Form. Page 2 of 2 Insurance Services Office Inc. 2019 Insured Copy CA 01380520 | 2 |
COMMERCIAL AUTO CA 01561113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEBRASKA CHANGES This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. A. Changes In Physical Damage Coverage Paragraph C. Limits Of Insurance is changed by adding the following If a loss to your covered auto is also payable as damages under the liability coverage of another Coverage Form or policy issued by us we will pay for such damage or loss only once either under this Coverage Form or the liability coverage of the other Coverage Form or policy issued by us.. Changes In Conditions 1. The Appraisal For Physical Damage Loss Condition is replaced by the following Appraisal For Physical Damage Loss If you and we disagree on the amount of loss both parties may agree in writing to an appraisal of the loss and to be bound by the results of that appraisal. If both parties so agree then each party will select a competent and impartial appraiser. The two appraisers will select an umpire. If they can not agree either may request that selection be made by a judge of a court having jurisdiction. The appraisers will state separately the value of the property and amount of loss. If they fail to agree they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will a. Pay its chosen appraiser and b. Bear the other expenses of the appraisal and umpire equally. If there is an appraisal we will still retain our right to deny the claim. 2. The Concealment Misrepresentation Or Fraud Condition is replaced by the following Misrepresentation Or Breach Of Condition Or Warranty a. A misrepresentation or warranty made by you or on your behalf in the negotiation of or application for this Coverage Part will void this policy if 1 ltis material 2 Itis made with the intent to deceive 3 We rely on it and 4 We are deceived to our injury. b. A breach of warranty or condition will void the policy if such breach exists at the time of loss and contributes to the loss. 3. The Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance Primary And Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are revised by the addition of the following When this Coverage Form and any other Coverage Form or policy providing liability andor physical damage insurance apply with respect to an accident or loss involving a loaned vehicle and such Coverage Forms or policies have a mutually repugnant clause regarding primary coverage and a. One provides coverage to a licensed seller or dealer that owns the loaned vehicle and 2. The Concealment Misrepresentation Or Fraud Condition is replaced by the following Misrepresentation Or Breach Of Condition Or Warranty a. A misrepresentation or warranty made by you or on your behalf in the negotiation of or application for this Coverage Part will void this policy if 1 ltis material 2 Itis made with the intent to deceive 3 We rely on it and 4 We are deceived to our injury. b. A breach of warranty or condition will void the policy if such breach exists at the time of loss and contributes to the loss. 3. The Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance Primary And Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are revised by the addition of the following When this Coverage Form and any other Coverage Form or policy providing liability andor physical damage insurance apply with respect to an accident or loss involving a loaned vehicle and such Coverage Forms or policies have a mutually repugnant clause regarding primary coverage and a. One provides coverage to a licensed seller or dealer that owns the loaned vehicle and CA 01561113 Insurance Services Office Inc. 2013 Insured Copy Page 1 of 2 | 2 |
b. The other provides coverage to the operator of the loaned vehicle and c. At the time of such accident or loss the operator s liability andor physical damage insurance as described in Paragraph b. is primary and the licensed seller or dealer s liability andor physical damage insurance described in Paragraph a. is excess over any insurance available to that operator.. Additional Definitions As used in this endorsement Loaned vehicle means a covered auto which is provided for use as a temporary substitute without a direct charge to an insured operator by a licensed seller or dealer for use while the insured operator s covered auto is being serviced repaired or inspected by such seller or dealer until such auto is returned to the licensed seller or dealer. Page 2 of 2 Insurance Services Office Inc. 2013 Insured Copy CA 01561113 | 2 |
COMMERCIAL AUTO CA 01590517 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UTAH CHANGES BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM A. Changes In Covered Autos Liability Coverage 1. Paragraph b.6 is added to the Who Is An Insured provision in the Business Auto Coverage Form and supersedes any provision to the contrary 6 Your customers if your business is shown in the Declarations as a rental company. However if a customer of yours has no other valid and collectible insurance they are an insured but only up to 80000 for each accident which is the minimum combined single limit of liability specified by UTAH CODE ANN. Section 31A22 304. Rental company means any person or organization in the business of providing private passenger motor vehicles to the public under the terms of a rental agreement. 2. The Expected Or Intended Injury Exclusion is replaced by the following Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. However this exclusion does not apply for coverage up to the minimum combined single limit of liability specified by UTAH CODE ANN. Section 31A22 304. For a covered auto licensed or principally garaged in Utah this endorsement modifies insurance provided under the following With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. B. Changes In Conditions 1. The Legal Action Against Us Condition does not apply. 2. Transfer Of Rights Of Recovery Against Others To Us is changed by adding the following a. We shall be entitled to a recovery only after the insured has been fully compensated for damages. b. If we make any payment and the insured recovers from another party the insured shall hold the proceeds in trust for us and pay us back the amount we have paid. 3. The Concealment Misrepresentation Or Fraud Condition is replaced by the following Fraud Or Misrepresentation Subject to UTAH CODE ANN. Section 31A21 105 this Coverage Form may be rescinded in the event of fraud or misrepresentation by you or any other insured relating to a. This Coverage Form b. The covered auto c. Your interest in the covered auto or d. A claim under this Coverage Form. However this provision does not apply but only up to the compulsory or financial responsibility limits required by Utah law if an accident results in a third party liability claim B. Changes In Conditions 1. The Legal Action Against Us Condition does not apply. 2. Transfer Of Rights Of Recovery Against Others To Us is changed by adding the following a. We shall be entitled to a recovery only after the insured has been fully compensated for damages. b. If we make any payment and the insured recovers from another party the insured shall hold the proceeds in trust for us and pay us back the amount we have paid. 3. The Concealment Misrepresentation Or Fraud Condition is replaced by the following Fraud Or Misrepresentation Subject to UTAH CODE ANN. Section 31A21 105 this Coverage Form may be rescinded in the event of fraud or misrepresentation by you or any other insured relating to a. This Coverage Form b. The covered auto c. Your interest in the covered auto or d. A claim under this Coverage Form. However this provision does not apply but only up to the compulsory or financial responsibility limits required by Utah law if an accident results in a third party liability claim against the insured under this Coverage Part. CA 01590517 Insurance Services Office Inc. 2017 Insured Copy Page 1 of 1 | 2 |
COMMERCIAL AUTO CA 01601013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IOWA CHANGES This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided under this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. Changes In Conditions The following is added to the Legal Action Against Us Condition However a judgment creditor shall have a right to sue us to recover an execution on a judgment returned unsatisfied against an insured to the same extent that such insured could have enforced the insured s claim against us had the insured paid such judgment but we will not be liable for damages that are in excess of the applicable limit of insurance. CA 01601013 Insurance Services Office Inc. 2012 Insured Copy Page 1 0of 1 | 2 |
COMMERCIAL AUTO CA 01611013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NORTH DAKOTA CHANGES For a covered auto licensed or principally garaged in or auto dealer operations conducted in North Dakota this endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. The Other Insurance Condition in the Auto Dealers 2. If you are in a business described in Paragraph and Business Auto Coverage Forms and Other 1. the coverages described in Paragraph 1. are Insurance Primary And Excess Insurance excess for an auto you own if operated by an Provisions Condition in the Motor Carrier Coverage insured other than you or your employee. Form are changed by adding the following 1. Covered Autos Liability Coverage Uninsured Motorists Coverage Underinsured Motorists Coverage Auto Medical Payments Coverage Personal Injury Protection Coverage and Additional Personal Injury Protection Coverage are primary for an auto loaned rented or leased to the insured and owned by someone in the business of selling repairing servicing storing leasing renting or parking motor vehicles. 2. If you are in a business described in Paragraph 1. the coverages described in Paragraph 1. are excess for an auto you own if operated by an insured other than you or your employee. CA 01611013 Insurance Services Office Inc. 2012 Insured Copy Page 1 0of 1 | 2 |
COMMERCIAL AUTO CA01721013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MONTANA MEDICAL PAYMENTS COVERAGE REMOVAL OF REASONABLE EXPENSES LIMITATION This endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. Changes In Auto Medical Payments Coverage 2. Changes In Locations And Operations 1. If the Auto Medical Payments Coverage Medical Payments endorsement is attached then Paragraph A. With respect to the Auto Dealers Coverage Coverage is replaced by the following Form Paragraph C.l.c. of Section Il A. Coverage General Liability Coverages is replaced by b. the following We will pay expenses incurred for. necessary medical and funeral services to c. We will make these payments regardless of or for an insured who sustains bodily fault. These payments will not exceed the injury caused by accident. We will pay applicable limit of insurance. We will pay only those expenses incurred for services expenses for rendered within three years from the date of 1 First aid administered at the time of an the accident. accident IOV Almmnenmmms rmmrdinml ariorinml Al ed 2. Changes In Locations And Operations Medical Payments With respect to the Auto Dealers Coverage Form Paragraph C.l.c. of Section Il General Liability Coverages is replaced by the following c. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical diagnostic imaging and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. CA01721013 Insurance Services Office Inc. 2012 Insured Copy Page 1 0of 1 | 2 |
COMMERCIAL AUTO CA 02181013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINNESOTA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. A. If you are an individual and this policy covers fewer than five autos of the private passenger type not rated on a fleet basis or this policy is a plan of reparation security insuring fewer than five autos rated on a commercial or fleet basis the Cancellation Common Policy Condition does not apply. The following conditions apply instead 1. Cancellation a. The first Named Insured may cancel the policy by mailing or delivering to us advance written notice of cancellation. b. Policies In Effect Less Than 60 Days When this policy is in effect less than 60 days and is not a renewal or continuation policy we may cancel for any reason by mailing or delivering written notice of cancellation to the first Named Insured 1 So as to be received at least 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 At least 30 days before the effective date of cancellation if we cancel for any other reason. The notice of cancellation will state the reasons for cancellation. Information regarding moving traffic violations or motor vehicle accidents must be specifically requested on the application in order for us to cancel within the first 59 days of coverage for those incidents. c. Policies In Effect 60 Days Or More When this policy is in effect 60 days or more or is a renewal or continuation policy we may cancel only for one or more of the following reasons 1 Nonpayment of premium 2 This policy was obtained through a material misrepresentation Any insured made a false or fraudulent claim or knowingly aided or abetted another in the presentation of such a claim You failed to disclose fully your auto accidents and moving traffic violations for the preceding 36 months if called for in the written application for this policy You failed to disclose in the written application any requested information necessary for the acceptance or proper rating of the risk 6 You knowingly failed to give any required notice of loss or notice of lawsuit commenced against you or when requested refused to cooperate in the investigation of a claim or defense of a lawsuit 3 4 5 c. Policies In Effect 60 Days Or More When this policy is in effect 60 days or more or is a renewal or continuation policy we may cancel only for one or more of the following reasons 1 Nonpayment of premium 2 This policy was obtained through a material misrepresentation Any insured made a false or fraudulent claim or knowingly aided or abetted another in the presentation of such a claim You failed to disclose fully your auto accidents and moving traffic violations for the preceding 36 months if called for in the written application for this policy You failed to disclose in the written application any requested information necessary for the acceptance or proper rating of the risk 6 You knowingly failed to give any required notice of loss or notice of lawsuit commenced against you or when requested refused to cooperate in the investigation of a claim or defense of a lawsuit 3 4 5 CA02181013 Insurance Services Office Inc. 2012 Insured Copy Page 10f 4 | 2 |
7 You or any driver who either lives with you or customarily uses a covered auto a Has had his or her driver s license suspended or revoked within the 36 months prior to the notice of cancellation because of a moving traffic violation or a refusal to be tested for being under the influence of alcohol Is or becomes subject to epilepsy or heart attacks and does not produce a physician s certificate stating that he or she can operate an auto safely Has an accident or conviction record physical or mental condition any one or all of which are such that his or her operation of an auto might endanger the public safety Has been convicted or forfeited bail during the 24 months immediately preceding the notice of cancellation for criminal negligence in the use or operation of an auto or assault arising out of the use of an auto or operating an auto while in an intoxicated condition or while under the influence of drugs or leaving the scene of an accident without stopping to report or making false statements in an application for a driver s license or theft or unlawful taking of an auto Has been convicted of or forfeited bail for one or more violations within the 18 months before the notice of cancellation of any law ordinance or regulation which justify a revocation of a driver s license However Subparagraphs a through e above do not apply with respect to any driver who either lives with you or customarily uses a covered auto if that driver is identified as a named insured in another coverage form or policy as an insured. 8 A covered auto is a So mechanically defective that its operation might endanger public safety or b Used in carrying passengers for hire or compensation. This does not include car pools or b c d e c Used in the business of transporting flammables or explosives or d An authorized emergency vehicle or e Subject to an inspection law and has not been inspected or if inspected has failed to qualify within the period specified under such inspection law or Substantially changed in type or condition during the policy period increasing the risk substantially or so as to give clear evidence of a use other than the original use. 9 We replace this policy with another one providing similar coverages and the same rates and limits for the covered auto. The replacement policy will take effect when this policy is cancelled and will end a year after this policy begins or on this policy s expiration date whichever is earlier. If we cancel for any reason described in Paragraphs c.1 through 9 above we will give written notice of cancellation to the first Named Insured at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 30 days before the effective date of cancellation if we cancel for any other reason described in Paragraphs c.2 through c.9. The effective date of cancellation stated in the notice shall become the effective date of cancellation.. If this policy is cancelled we will send the first Named Insured any premium refund due. Cancellation will be on a pro rata basis if the unearned premium is for a period of more than one month. If you request cancellation and the unearned premium is for a period of one month or less the refund may be less than pro rata. If we cancel cancellation will not become effective unless the premium refund due is returned to you with the notice of cancellation or is delivered or mailed to you s0 as to be received by you not later than the effective date of cancellation. If you cancel any premium refund due will be refunded within 30 days following our receipt of the request for cancellation.. Proof of mailing of any notice shall be sufficient proof of notice. 10 Page 2 of 4 Insurance Services Office Inc. 2012 Insured Copy CA 02181013 | 2 |
2. Nonrenewal a. If we decide not to renew or continue this policy we will give the first Named Insured written notice of our intent not to renew at least 60 days before the end of the policy period. Such notice will be mailed or delivered to the first Named Insured at the last mailing address known to us. If we offer to renew or continue and you do not accept this policy will terminate at the end of the current policy period. Failure to pay the required renewal or continuation premium when due shall mean that you have not accepted our offer. b. If we fail to mail or deliver proper notice of nonrenewal and you obtain other insurance this policy will end on the effective date of that insurance. c. Proof of mailing of any notice shall be sufficient proof of notice. B. For all other policies not described in Paragraph A. above the Cancellation Common Policy Condition does not apply. The following Conditions apply instead 1. Cancellation a. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. b. We may cancel this policy subject to the provisions of. below by first class mailing or by delivery of a written notice of cancellation to the first Named Insured and any agent to their last mailing addresses known to us. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. c. Policies In Effect Less Than 90 Days If this policy is a new policy and has been in effect for fewer than 90 days we may cancel for any reason by giving notice at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 30 days before the effective date of cancellation if we cancel for any other reason. d. Policies In Effect 90 Days Or More If this policy has been in effect for 90 days or more or if it is a renewal of a policy we issued we may cancel only for one or more of the following reasons 1 Nonpayment of premium 2 Misrepresentation or fraud made by you or with your knowledge in obtaining the policy or in pursuing a claim under the policy 3 An act or omission by you that substantially increases or changes the risk insured Refusal by you to eliminate known conditions that increase the potential for loss after notification by us that the condition must be removed Substantial change in the risk assumed except to the extent that we should reasonably have foreseen the change or contemplated the risk in writing the contract 6 Loss of reinsurance by us which provided coverage to us for a significant amount of the underlying risk insured. Any notice of cancellation pursuant to this item shall advise the policyholder that he or she has 10 days from the date of receipt of the notice to appeal the cancellation to the commissioner of commerce and that the commissioner will render a decision as to whether the cancellation is justified because of the loss of reinsurance within 30 business days after receipt of the appeal 7 A determination by the commissioner that the continuation of the policy could place us in violation of the Minnesota insurance laws or 8 Nonpayment of dues to an association or organization other than an insurance association or organization where payment of dues is a prerequisite to obtaining or continuing such insurance. This provision for cancellation for failure to pay dues shall not be applicable to persons who are retired at 62 years of age or older or who are disabled according to social security standards. 4 5 CA02181013 Insurance Services Office Inc. 2012 Insured Copy Page 3 of 4 | 2 |
If we cancel for any reason described in Paragraphs d.1 through 8 above we will give notice at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium. The cancellation notice shall contain the information regarding the amount of premium due and the due date and shall state the effect of nonpayment by the due date. Cancellation shall not be effective if payment of the amount due is made prior to the effective date of cancellation or 60 days before the effective date if we cancel for any other reason described in Paragraphs d.2 through 8 above. The notice of cancellation will state the reason for cancellation.. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 2 f. Proof of mailing of any notice shall be sufficient proof of notice. 2. Nonrenewal If we decide not to renew or continue this policy we will give the first Named Insured and any agent notice of our intent not to renew at least 60 days before the expiration date. Such notice will be mailed or delivered to the first Named Insured and any agent at their last mailing addresses known to us. We need not mail or deliver this notice if you have a. Insured elsewhere b. Accepted replacement coverage or c. Agreed not to renew this policy. Proof of mailing of any notice shall be sufficient proof of notice. Page 4 of 4 Insurance Services Office Inc. 2012 Insured Copy CA 02181013 | 2 |
COMMERCIAL AUTO CA 02201013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MONTANA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. The Cancellation Common Policy Condition does not apply. The following condition applies instead Ending This Policy A. Cancellation 1. The first Named Insured shown in the Declarations may cancel the policy by mailing or delivering to us advance written notice of cancellation. 2. Midterm Cancellation a. When this policy is in effect less than 60 days and is not a renewal or continuation policy we may cancel for any reason. If we cancel for nonpayment of premium we will mail at least 10 days written notice to the first Named Insured. If we cancel for any other reason we will mail at least 45 days written notice to the first Named Insured. b. When this policy is in effect 60 days or more or is a renewal or continuation policy we may cancel only for one or more of the following reasons 1 Nonpayment of premium. 2 If you are an individual and your driver s license or motor vehicle registration or that of a driver who lives with you and customarily uses the covered auto has been suspended or revoked during the policy period or if the policy is a renewal during its policy period or the 180 days immediately preceding its effective date. If we cancel for nonpayment of premium we will mail at least 10 days written notice stating the reason for cancellation to the first Named Insured. If we cancel for any other reason we will mail at least 45 days written notice to the first Named Insured. In this case our notice will state that upon written request of the first Named Insured mailed or delivered to us not less than 15 days prior to the effective date of cancellation we will specify the reason for cancellation.. Anniversary Cancellation If this policy has been written for a period of more than a year or without a fixed expiration date we may cancel at the anniversary of its original effective date for any reason. If we cancel we will mail you at least 45 days written notice.. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date.. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If you cancel the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. However when a financed insurance policy is cancelled we will send any refund due to the premium finance company on a pro rata basis. If we cancel for nonpayment of premium we will mail at least 10 days written notice stating the reason for cancellation to the first Named Insured. If we cancel for any other reason we will mail at least 45 days written notice to the first Named Insured. In this case our notice will state that upon written request of the first Named Insured mailed or delivered to us not less than 15 days prior to the effective date of cancellation we will specify the reason for cancellation.. Anniversary Cancellation If this policy has been written for a period of more than a year or without a fixed expiration date we may cancel at the anniversary of its original effective date for any reason. If we cancel we will mail you at least 45 days written notice.. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date.. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If you cancel the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. However when a financed insurance policy is cancelled we will send any refund due to the premium finance company on a pro rata basis. CA 02201013 Insurance Services Office Inc. 2012 Insured Copy Page 1 of 2 | 2 |
B. Nonrenewal 1. If we decide not to renew or continue this policy we will mail to the first Named Insured and agent if any notice at least 45 days before the end of the policy period. Our notice will state that upon written request of the first Named Insured mailed or delivered to us not later than one month following the termination date of the policy we will notify the first Named Insured in writing within 15 days of the request of the reason or reasons for nonrenewal. If we offer to renew or continue and you do not accept this policy will terminate at the end of the current policy period. Failure to apply the required renewal or continuation premium when due shall mean that you have not accepted our offer. c. 2. If we fail to mail or deliver proper notice of nonrenewal and you obtain other insurance this policy will end on the effective date of that insurance. Mailing Of Notices We will mail or deliver our notice of cancellation or nonrenewal to the first Named Insured s last mailing address known to us. If notice is mailed proof of mailing will be sufficient proof of notice. Page 2 of 2 Insurance Services Office Inc. 2012 Insured Copy CA 02201013 | 2 |
COMMERCIAL AUTO CA 02211217 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEBRASKA CHANGES CANCELLATION This endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. The following is added to Paragraph 3. of the Cancellation Common Policy Condition If the policy has been in effect 60 days or more or is a renewal or continuation policy and we cancel for a. Nonpayment of premium to a premium finance company or b. Any reason other than nonpayment of premium notice of cancellation will be sent by registered mail certified mail or first class mail using Intelligent Mail barcode IMb or another similar tracking method used or approved by the United States Postal Service. b. Any reason other than nonpayment of premium notice of cancellation will be sent by registered mail certified mail or first class mail using Intelligent Mail barcode IMb or another similar tracking method used or approved by the United States Postal Service. CA 02211217 Insurance Services Office Inc. 2017 Insured Copy Page 1 0of 1 | 2 |
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