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COMMERCIAL AUTO CA 23861013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF TERRORISM ABOVE MINIMUM STATUTORY LIMITS This endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SINGLE INTEREST AUTOMOBILE PHYSICAL DAMAGE INSURANCE POLICY With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. A. The following definitions are added and apply under this endorsement wherever the term terrorism or the phrase any injury damage loss or expense is enclosed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechanical system and b. When one or both of the following apply 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2 2. Any injury damage loss or expense means any injury damage loss or expense covered under any Coverage Form or Policy to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury loss loss of use rental reimbursement after loss or covered pollution cost or expense as may be defined under this Coverage Form Policy or any applicable endorsement. B. Except with respect to Physical Coverage Trailer Interchange Garagekeepers Coverage Garagekeepers Coverage Customers Sound Receiving Equipment or the Single Interest Automobile Physical Damage Insurance Policy the following exclusion is added Exclusion Of Terrorism Damage Coverage We will not pay for any injury damage loss or expense caused directly or indirectly by terrorism including action in hindering or defending against an actual or expected incident of terrorism. Any injury damage loss or expense is excluded regardless of any other cause or event that contributes concurrently or in any sequence to such injury damage loss or expense. But this exclusion applies only when one or more of the following are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or device that involves or produces a nuclear reaction nuclear radiation or radioactive contamination or CA 23861013 Insurance Services Office Inc. 2013 Insured Copy Page 1 of 3 | 2 |
2. Radioactive material is released and it appears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraphs B.5. and B.6. are exceeded. With respect to this exclusion Paragraphs B.5. and B.6. describe the thresholds used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. When the exclusion applies to an incident of terrorism there is no coverage under this Coverage Form Policy or any applicable endorsement. However with respect to Covered Autos Liability Coverage and Personal Injury Protection Coverage if applicable this exclusion applies only to the extent that the limit of such coverage exceeds the state compulsory or financial responsibility law minimum limits for each coverage. With respect to Uninsured andor Underinsured Motorists Coverage if applicable this exclusion applies only to the extent that the limit of such coverage exceeds the minimum statutory permitted limits for Uninsured andor Underinsured Motorists Coverage. Those limits are equal to the minimum limit permitted for Covered Autos Liability Coverage.. With respect to Physical Damage Coverage Trailer Interchange Coverage Garagekeepers Coverage Garagekeepers Coverage Customers Sound Receiving Equipment or the Single Interest Automobile Physical Damage Insurance Policy the following exclusion is added Exclusion Of Terrorism We will not pay for any loss loss of use or rental reimbursement after loss caused directly or indirectly by terrorism including action in hindering or defending against an actual or expected incident of terrorism. But this exclusion applies only when one or more of the following are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or device that involves or produces a nuclear reaction nuclear radiation or radioactive contamination or 2. Radioactive material is released and it appears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions. Page 2 0f 3 Insurance Services Office Inc. 2013 Insured Copy CA 23861013 | 2 |
Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the threshold in Paragraph C.5. is exceeded. With respect to this exclusion Paragraph C.5. describes the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. When the exclusion applies to an incident of terrorism there is no coverage under this Coverage Form Policy or any applicable endorsement. D. In the event of any incident of terrorism that is not subject to the exclusion in Paragraph B. or C. coverage does not apply to any injury damage loss or expense that is otherwise excluded under this Coverage Form Policy or any applicable endorsement. CA 23861013 Insurance Services Office Inc. 2013 Insured Copy Page 3 of 3 | 2 |
COMMERCIAL AUTO CA 23921013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON EXCLUSION OF TERRORISM This endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SINGLE INTEREST AUTOMOBILE PHYSICAL DAMAGE INSURANCE POLICY With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. A. The following definitions are added and apply under this endorsement wherever the term terrorism or the phrase any injury damage loss or expense is enclosed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechanical system and b. When one or both of the following apply 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2 2. Any injury damage loss or expense means any injury damage loss or expense covered under any Coverage Form or Policy to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury loss loss of use rental reimbursement after loss or covered pollution cost or expense as may be defined under this Coverage Form Policy or any applicable endorsement. B. Except with respect to Physical Damage Coverage Trailer Interchange Coverage Garagekeepers Coverage Garagekeepers Coverage Customers Sound Receiving Equipment or the Single Interest Automobile Physical Damage Insurance Policy the following exclusion is added Exclusion Of Terrorism We will not pay for any injury damage loss or expense caused directly or indirectly by terrorism including action in hindering or defending against an actual or expected incident of terrorism. But this exclusion applies only when one or more of the following are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or device that involves or produces a nuclear reaction nuclear radiation or radioactive contamination or CA 23921013 Insurance Services Office Inc. 2013 Insured Copy Page 1 of 3 | 2 |
2. Radioactive material is released and it appears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraphs B.5. and B.6. are exceeded. With respect to this exclusion Paragraphs B.5. and B.6. describe the thresholds used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. When the exclusion applies to an incident of terrorism there is no coverage under this Coverage Form Policy or any applicable endorsement. C. With respect to Physical Damage Coverage Trailer Interchange Coverage Garagekeepers Coverage Garagekeepers Coverage Customers Sound Receiving Equipment or the Single Interest Automobile Physical Damage Insurance Policy the following exclusion is added Exclusion Of Terrorism We will not pay for any loss loss of use or rental reimbursement after loss caused directly or indirectly by terrorism including action in hindering or defending against an actual or expected incident of terrorism. But this exclusion applies only when one or more of the following are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or device that involves or produces a nuclear reaction nuclear radiation or radioactive contamination or 2. Radioactive material is released and it appears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions. Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the threshold in Paragraph C.5. is exceeded. Page 2 0f 3 Insurance Services Office Inc. 2013 Insured Copy CA 23921013 | 2 |
With respect to this exclusion Paragraph C.5. describes the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. When the exclusion applies to an incident of terrorism there is no coverage under this Coverage Form Policy or any applicable endorsement. D. In the event of any incident of terrorism that is not subject to the exclusion in Paragraph B. or C. coverage does not apply to any injury damage loss or expense that is otherwise excluded under this Coverage Form Policy or any applicable endorsement. CA 23921013 Insurance Services Office Inc. 2013 Insured Copy Page 3 of 3 | 2 |
POLICY NUMBER CPP850079A POLICY NUMBER CPP850079A COMMERCIAL AUTO CA31061120 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UTAH UNDERINSURED MOTORISTS COVERAGE For a covered auto licensed or principally garaged in or auto dealer operations conducted in Utah 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. This endorsement changes the Policy effective on the inception date of the Policy unless another date is indicated below. Named Insured THE SCOULAR COMPANY SCOULAR PROPERTIES INC THE Endorsement Effective Date 05312021 SCHEDULE Limit Of Insurance 1000000 Each Accident Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Coverage b. Anyone else occupying a covered auto 1. We will pay all sums the insured is legally or a temporaty 5159 fc alcoverdeld entitled to recover as compensatory damages auto except the Named Insured s from the owner or driver of an underinsured motor vehicle. The damages must result from bodily injury sustained by the insured caused by an accident. The owner s or driver s liability for these damages must result from the ownership maintenance or use of the underinsured motor vehicle. 2. We will pay under this coverage only after all liability bonds or policies have been exhausted by judgments or payments. 3. Any judgment for damages arising out of a suit brought without our written consent is not binding on us. B. Who Is An Insured If the Named Insured is designated in the Declarations as 1. Anindividual then the following are insureds a. The Named Insured and any family members. customers if that Named Insured s business is shown in the Declarations as a rental company. However if the customer of a rental company has no policy of motor vehicle insurance they are insured but only up to 1 20000 for each accident which is the minimum combined single limit of liability or 2 1000020000 for each accident which is the minimum split limits of liability specified by UTAH CODE ANN. Section 31A22 305. This supersedes any provision to the contrary. If the auto is a temporary substitute the covered auto must be out of service because of its breakdown repair servicing loss or destruction. CA 31061120 Insurance Services Office Inc. 2020 Insured Copy Page 1 0of 5 | 2 |
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. c. Anyone for damages he or she is entitled to recover because of bodily injury sustained by another insured. d. Anyone else occupying an auto the Named Insured does not own who is an insured for Covered Autos Liability under this Coverage Form but only at times when that person is an insured for Covered Autos Liability under this Coverage Form. 2. A partnership limited liability company corporation or any other form of organization then the following are insureds a. Anyone occupying a covered auto or a temporary substitute for a covered auto except the Named Insured s customers if that Named Insured s business is shown in the Declarations as a rental company. However if the customer of a rental company has no policy of motor vehicle insurance they are insured but only up to 1 20000 for each accident which is the minimum combined single limit of liability or 2 1000020000 for each accident which is the minimum split limits of liability specified by UTAH CODE ANN. Section 31A22 305. This supersedes any provision to the contrary. If the auto is a temporary substitute the covered auto must be out of service because of its breakdown repair servicing loss or destruction. 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. b. Anyone for damages he or she is entitled to recover because of bodily injury sustained by another insured. c. Anyone else occupying an auto the Named Insured does not own who is an insured for Covered Autos Liability under this Coverage Form but only at times when that person is an insured for Covered Autos Liability under this Coverage Form. C. Exclusions This insurance does not apply to any of the following 1. The direct or indirect benefit of any insurer or self insurer under any workers compensation disability benefits or similar law. 2. Bodily injury sustained by a. An individual Named Insured while occupying or when struck by any vehicle owned by that Named Insured that is not a covered auto for Underinsured Motorists Coverage under this Coverage Form b. Any family member while occupying or when struck by any vehicle owned by that family member that is not a covered auto for Underinsured Motorists Coverage under this Coverage Form or c. Any family member while occupying or when struck by any vehicle owned by the Named Insured that is insured for Underinsured Motorists Coverage on a primary basis under any other Coverage Form or policy. 3. Anyone a. Using a vehicle without a reasonable belief that the person is entitled to do so b. Who as a passenger in a vehicle has knowledge that the vehicle is being operated in violation of Utah Code Section 41 1a1314 or c. While committing a felony. However Exclusion C.3. does not apply to the following a. An insured under 18 years of age but coverage is limited to medical and funeral expenses. b. An insured who is a law enforcement officer as defined in Utah Code Section 53 13 103 who is injured within the course and scope of the law enforcement officer s duties. 4. Punitive or exemplary damages. 5. Bodily injury arising directly or indirectly out of a. War including undeclared or civil war Page 2 of 5 Insurance Services Office Inc. 2020 Insured Copy CA 31061120 | 2 |
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. Limit Of Insurance 1. Regardless of the number of covered autos insureds premiums paid claims made or vehicles involved in the accident the most we will pay for all damages resulting from any one accident is the Limit Of Insurance for Underinsured Motorists Coverage shown in the Schedule or Declarations. 2. No one will be entitled to receive duplicate payments for the same elements of loss under this Coverage Form and any Liability Coverage form Medical Payments Coverage endorsement or Uninsured Motorists Coverage endorsement attached to this Coverage Part. We will not make a duplicate payment under this coverage for any element of loss for which payment has been made by or for anyone who is legally responsible except for any portion of such payment that a person is not entitled to receive pursuant to UTAH CODE ANN. Section 34A2 1065. We will not pay for any element of loss if a person is entitled to receive payment for the same element of loss under any workers compensation disability benefits or similar law. E. Changes In Conditions The Conditions are changed for Underinsured Motorists Coverage as follows 1. Other Insurance in the Auto Dealers and Business Auto Coverage Forms and Other Insurance Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form are replaced by a. With respect to coverage we provide when a covered auto the Named Insured owns is involved in an accident the Limit of Insurance for Underinsured Motorists Coverage applicable to that auto will apply for damages for which the owner or operator of the underinsured motor vehicle is legally responsible. b. If there is other applicable insurance available under one or more policies or provisions of coverage 1 The maximum recovery under all Coverage Forms or policies combined may equal but not exceed the highest applicable limit for any one vehicle under any Coverage Form or policy providing coverage on either a primary or excess basis. However the maximum recovery for damages sustained by an individual Named Insured or any family member a While occupying an auto such Named Insured does not own is not leased or that is not furnished under all Coverage Forms or policies combined may equal but not exceed the sum of i The limit of liability for Underinsured Motorists Coverage applicable to the auto an individual Named Insured or any family member was occupying at the time of the accident and ii The highest applicable limit of liability for Underinsured Motorists Coverage under any Coverage Form or policy that provides coverage for an individual Named Insured or any family member. b While not occupying an auto under all Coverage Forms or policies combined may equal but not exceed the sum of the highest applicable limit of liability for Underinsured Motorists Coverage under any two Coverage Forms or policies that provide coverage for such Named Insured or any family member. 2 Any insurance we provide with respect to a vehicle the individual Named Insured does not own shall be excess over any other collectible underinsured motorists insurance providing coverage on a primary basis. CA 31061120 Insurance Services Office Inc. 2020 Insured Copy Page 3 of 5 | 2 |
3 If the coverage under this Coverage Form is provided a On a primary basis we will pay only our share of the loss that must be paid under insurance providing coverage on a primary basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on a primary basis. b On an excess basis we will pay only our share of the loss that must be paid under insurance providing coverage on an excess basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on an excess basis.. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply.. Arbitration a. If we and an insured disagree whether the insured is legally entitled to recover damages from the owner or driver of an underinsured motor vehicle or do not agree as to the amount of damages that are recoverable by that insured then the matter may be arbitrated. However disputes concerning coverage under this endorsement may not be arbitrated. Either party may make a written demand for arbitration. In this event unless otherwise agreed to in writing we and the insured shall agree on the selection of a single arbitrator. If we and the insured are unable to agree on the selection of a single arbitrator each party will select an arbitrator. The two arbitrators will select a third. If they can not agree within 30 days either may request that selection be made by a judge of a court having jurisdiction. Each party will bear the expenses for a single arbitrator equally or pay the expenses for the arbitrator each party selects and bear the expenses of the third arbitrator equally. b. If an insured submits a claim for Underinsured Motorists Coverage to arbitration that insured shall provide to us within 30 days 1 A written demand for payment setting forth the specific monetary amount of the demand including a computation of that insured s claimed past medical expenses claimed past lost wages and other claimed past economic damages required by UTAH CODE ANN. Section 31A22 305.3 and 2 Any written statements under oath documents and signed authorizations required by UTAH CODE ANN. Section 31A22 305.3.. Subject to our receipt of items b.1 and b.2 described above we shall within 60 days 1 Provide a written response to the insured s written demand for payment and 2 Tender the amount if any that we determine as owed to that insured less any state or federal statutory liens as provided by UTAH CODE ANN. Section 31A22 305.3. If the amount tendered by us is the Limit of Insurance for Underinsured Motorists Coverage such amount shall be accepted by that insured. If the amount tendered by us is less than the Limit of Insurance for Underinsured Motorists Coverage the insured may accept the amount tendered as full payment of such insured s claim or accept the amount tendered as partial payment and continue to arbitrate the remaining claim.. If the final award obtained through arbitration is greater than the average of the insured s initial written demand for payment and our initial written response then we shall pay 1 The final award obtained through arbitration less any amount accepted as partial payment. If the award exceeds the Limit of Insurance for Underinsured Motorists Coverage by more than 15000 we shall pay 15000 in addition to the Limit of Insurance for Underinsured Motorists Coverage Page 4 of 5 Insurance Services Office Inc. 2020 Insured Copy CA 31061120 | 2 |
2 Any costs as set forth in the Utah Rules of Civil Procedure 3 Arbitration fees and 4 Reasonable costs for witnesses and depositions. If the insured does not disclose all material information required by UTAH CODE ANN. Section 31A22 305.3 within 30 days after submitting a claim for Underinsured Motorists Coverage to arbitration the insured may not recover costs or amounts in excess of the Limit of Insurance. The insured shall provide an affidavit of costs within five days of an arbitration award. If we object to such costs the costs shall be arbitrated and such award may not exceed 5000. e. The written demand requirement in item b.1 described above does not affect the insured s requirement to provide a computation of any other economic damages claimed and we may within a reasonable time after receipt of such computation conduct fact and expert discovery as to any additional damages claimed. f. Unless both parties agree otherwise arbitration will take place in the county in which the insured lives. Local rules of law as to arbitration procedure and evidence will apply. A written decision agreed to by the single arbitrator or agreed to by two of the arbitrators will be binding unless either party demands a trial. This demand must be made within 20 days of service of the arbitration award. If this demand is not made the amount of damages agreed to by the arbitrators will be binding. However this condition does not apply if a small claims court having jurisdiction resolves the matter or matters upon which we and an insured do not agree. F. Additional Definitions As used in this endorsement 1. Family member means a. A person related to the individual Named Insured by blood marriage adoption or guardianship who is a resident of such Named Insured s household whether or not temporarily residing elsewhere and b. An individual Named Insured s dependent minor children. 2. Occupying means in upon using getting in on out or off. 3. Underinsured motor vehicle means a land motor vehicle or trailer for which a bodily injury liability bond or policy applies at the time of the accident but the amount paid for bodily injury under that bond or policy to an insured is not enough to pay the full amount the insured is legally entitled to recover as damages caused by the accident. However underinsured motor vehicle does not include any vehicle a. Owned by a governmental unit or agency b. Designed for use mainly off public roads while not on public roads c. For which no liability bond or policy at the time of the accident provides at least 80000 for each accident which is the minimum combined single limit for bodily injury liability or 2500065000 for each accident which is the minimum split limits of liability specified by UTAH CODE ANN. Section 31A22 304 d. For which an insuring or bonding company denies coverage or is or becomes insolvent e. That is a hit and run vehicle whose operator or owner can not be identified and that hits or causes an accident resulting in bodily injury without hitting 1 The individual Named Insured or any family member 2 A vehicle that such Named Insured or any family member is occupying or 3 The individual Named Insured s covered auto That is owned or leased by the Named Insured the Named Insured s spouse or any family member who is a dependent of the Named Insured or g. That is insured for Covered Autos Liability Coverage under this Policy. CA 31061120 Insurance Services Office Inc. 2020 Insured Copy Page 5 of 5 | 2 |
POLICY NUMBER CPP850079A POLICY NUMBER CPP850079A COMMERCIAL AUTO CA 31151013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IDAHO UNINSURED MOTORISTS COVERAGE 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. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured Endorsement Effective Date SCHEDULE Limit Of Insurance 1000000 Each Accident Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Coverage 1. We will pay all sums the insured is legally b. Anyone else occupying a covered auto or a temporary substitute for a covered auto. The covered auto must be out of entitled to recover as compensatory damages from the owner or driver of an uninsured motor vehicle. The damages must result from bodily injury sustained by the insured caused by an accident. The owner s or driver s liability for these damages must result from the ownership maintenance or use of the uninsured motor vehicle. 2. Any judgment for damages arising out of a suit brought without our written consent is not binding on us. B. Who Is An Insured If the Named Insured is designated in the Declarations as 1. Anindividual then the following are insureds a. The Named Insured and any family members. service because of its breakdown repair servicing loss or destruction. c. Anyone for damages he or she is entitled to recover because of bodily injury sustained by another insured. 2. A partnership limited liability company corporation or any other form of organization then the following are insureds a. Anyone occupying a covered auto or a temporary substitute for a covered auto. The covered auto must be out of service because of its breakdown repair servicing loss or destruction. b. Anyone for damages he or she is entitled to recover because of bodily injury sustained by another insured. tive Nata CA31151013 Insurance Services Office Inc. 2012 Insured Copy Page 10f 3 | 2 |
C. Exclusions This insurance does not apply to any of the following 1. Any claim settled without our consent if the settlement or judgment prejudices our right to recover payment. 2. The direct or indirect benefit of any insurer or self insurer under any workers compensation disability benefits or similar law. 3. Bodily injury sustained by a. An individual Named Insured while occupying or when struck by any vehicle owned by that Named Insured that is not a covered auto for Uninsured Motorists Coverage under this Coverage Form b. Any family member while occupying or when struck by any vehicle owned by that family member that is not a covered auto for Uninsured Motorists Coverage under this Coverage Form or c. Any family member while occupying or when struck by any vehicle owned by the Named Insured that is insured for Uninsured Motorists Coverage on a primary basis under any other Coverage Form or policy. 4. Any insured using a vehicle without a reasonable belief that the person is entitled to do so. 5. Punitive or exemplary damages. 6. Bodily injury 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. D. Limit Of Insurance 1. Regardless of the number of covered autos insureds premiums paid claims made or vehicles involved in the accident the most we will pay for all damages resulting from any one accident is the Limit Of Insurance for Uninsured Motorists Coverage shown in the Declarations. 2. No one will be entitled to receive duplicate payments for the same elements of loss under this coverage and any Liability Coverage form Medical Payments Coverage endorsement or Underinsured Motorists Coverage endorsement. We will not make a duplicate payment under this coverage for any element of loss for which payment has been made by or for anyone who is legally responsible. We will not pay for any element of loss if a person is entitled to receive payment for the same element of loss under any workers compensation disability benefits or similar law. E. Changes In Conditions The Conditions are changed for Uninsured Motorists Coverage as follows 1. Other Insurance in the Auto Dealers and Business Auto Coverage Forms and Other Insurance Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form are replaced by the following If there is other applicable insurance available under one or more policies or provisions of coverage a. The maximum recovery under all Coverage Forms or policies combined may equal but not exceed the highest applicable limit for any one vehicle under any Coverage Form or policy providing coverage on either a primary or excess basis. b. Any insurance we provide with respect to a vehicle the Named Insured does not own shall be excess over any other collectible uninsured motorists insurance providing coverage on a primary basis. c. If the coverage under this Coverage Form is provided 1 On a primary basis we will pay only our share of the loss that must be paid under insurance providing coverage on a primary basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on a primary basis. 2 On an excess basis we will pay only our share of the loss that must be paid under insurance providing coverage on an excess basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on an excess basis. Page 2 0f 3 Insurance Services Office Inc. 2012 Insured Copy CA31151013 | 2 |
2. Duties In The Event Of Accident Claim Suit Or Loss in the Business Auto and Motor Carrier Coverage Forms and Duties In The Event Of Accident Claim Offense Suit Loss Or Acts Errors Or Omissions in the Auto Dealers Coverage Form are changed by adding the following a. Promptly notify the police if a hit and run driver is involved and b. Promptly send us copies of the legal papers if a suit is brought. 3. Transfer Of Rights Of Recovery Against Others To Us is changed by adding the following 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. 4. The following condition is added Arbitration a. If we and an insured disagree whether the insured is legally entitled to recover damages from the owner or driver of an uninsured motor vehicle or do not agree as to the amount of damages that are recoverable by that insured then the matter may be arbitrated. However disputes concerning coverage under this endorsement may not be arbitrated. Both parties must agree to arbitration. If so agreed each party will select an arbitrator. The two arbitrators will select a third. If they can not agree within 30 days either may request that selection be made by a judge of a court having jurisdiction. Each party will pay the expenses it incurs and bear the expenses of the third arbitrator equally. b. Unless both parties agree otherwise arbitration will take place in the county in which the insured lives. Local rules of law as to arbitration procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding. F. Additional Definitions As used in this endorsement 1. Family member means a person related to an individual Named Insured by blood marriage or adoption who is a resident of such Named Insured s household including a ward or foster child. 2. Occupying means in upon getting in on out or off. 3. Uninsured motor vehicle means a land motor vehicle or trailer a. For which no liability bond or policy at the time of an accident provides at least the amounts required by the applicable law where a covered auto is principally garaged b. For which an insuring or bonding company denies coverage or is or becomes insolvent or c. Thatis a hit and run vehicle and neither the driver nor owner can be identified. The vehicle must hit an insured a covered auto or a vehicle an insured is occupying. However uninsured motor vehicle does not include any vehicle a. Owned or operated by a self insurer under any applicable motor vehicle law except a self insurer who is or becomes insolvent and can not provide the amounts required by that motor vehicle law b. Owned by a governmental unit or agency or c. Designed for use mainly off public roads while not on public roads. CA31151013 Insurance Services Office Inc. 2012 Insured Copy Page 30f 3 | 2 |
POLICY NUMBER CPP850079A POLICY NUMBER CPP850079A COMMERCIAL AUTO CA31181013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IDAHO UNDERINSURED MOTORISTS COVERAGE 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. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured Endorsement Effective Date SCHEDULE Limit Of Insurance 1 000000 Each Accident Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Coverage 1. We will pay all sums the insured is legally entitled to recover as compensatory damages from the owner or driver of an underinsured motor vehicle. The damages must result from bodily injury sustained by the insured caused by an accident. The owner s or driver s liability for these damages must result from the ownership maintenance or use of the underinsured motor vehicle. 2. Any judgment for damages arising out of a suit brought without our written consent is not binding on us. B. Who Is An Insured If the Named Insured is designated in the Declarations as 1. Anindividual then the following are insureds a. The Named Insured and any family members. b. Anyone else occupying a covered auto or a temporary substitute for a covered auto. The covered auto must be out of service because of its breakdown repair servicing loss or destruction. c. Anyone for damages he or she is entitled to recover because of bodily injury sustained by another insured. 2. A partnership limited liability company corporation or any other form of organization then the following are insureds a. Anyone occupying a covered auto or a temporary substitute for a covered auto. The covered auto must be out of service because of its breakdown repair servicing loss or destruction. b. Anyone for damages he or she is entitled to recover because of bodily injury sustained by another insured. tive Nata CA31181013 Insurance Services Office Inc. 2013 Insured Copy Page 10f 3 | 2 |
C. Exclusions This insurance does not apply to any of the following 1. The direct or indirect benefit of any insurer or self insurer under any workers compensation disability benefits or similar law. 2. Bodily injury sustained by a. An individual Named Insured while occupying or when struck by any vehicle owned by that Named Insured that is not a covered auto for Underinsured Motorists Coverage under this Coverage Form b. Any family member while occupying or when struck by any vehicle owned by that family member that is not a covered auto for Underinsured Motorists Coverage under this Coverage Form or c. Any family member while occupying or when struck by any vehicle owned by the Named Insured that is insured for Underinsured Motorists Coverage on a primary basis under any other Coverage Form or policy. 3. Any insured using a vehicle without a reasonable belief that the person is entitled to do so. 4. Punitive or exemplary damages. 5. Bodily injury 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. D. Limit Of Insurance 1. Regardless of the number of covered autos insureds premiums paid claims made or vehicles involved in the accident the most we will pay for all damages resulting from any one accident is the Limit Of Insurance for Underinsured Motorists Coverage shown in the Declarations. 2. No one will be entitled to receive duplicate payments for the same elements of loss under this coverage and any Liability Coverage form Medical Payments Coverage endorsement or Uninsured Motorists Coverage endorsement. Page 2 of 3 Insurance Servic We will not make a duplicate payment under this coverage for any element of loss for which payment has been made by or for anyone who is legally responsible. We will not pay for any element of loss if a person is entitled to receive payment for the same element of loss under any workers compensation disability benefits or similar law. 3. We will reduce the insured s total damages by any amount available to that insured under any bodily injury liability bonds or policies applicable to the underinsured motor vehicle that such insured did not recover as a result of a settlement between that insured and the insurer of an underinsured motor vehicle. However any reduction of the insured s total damages will not reduce the limit of liability for this coverage. E. Changes In Conditions The Conditions are changed for Underinsured Motorists Coverage as follows 1. Other Insurance in the Auto Dealers and Business Auto Coverage Forms and Other Insurance Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form are replaced by the following If there is other applicable insurance available under one or more policies or provisions of coverage a. The maximum recovery under all Coverage Forms or policies combined may equal but not exceed the highest applicable limit for any one vehicle under any Coverage Form or policy providing coverage on either a primary or excess basis. b. Any insurance we provide with respect to a vehicle the Named Insured does not own shall be excess over any other collectible underinsured motorists insurance providing coverage on a primary basis. c. If the coverage under this Coverage Form is provided 1 On a primary basis we will pay only our share of the loss that must be paid under insurance providing coverage on a primary basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on a primary basis. Insurance Services Office Inc. 2012 CA31181013 Insured Copy | 2 |
2 On an excess basis we will pay only our b. We also share of the loss that must be paid advancec under insurance providing coverage on 4. The followinc an excess basis. Our share is the S proportion that our limit of liability bears Arbitration to the total of all applicable limits of a. If we and liability for coverage on an excess basis. insured 2. Duties In The Event Of Accident Claim Suit damages Or Loss in the Business Auto and Motor underins Carrier Coverage Forms and Duties In The agree as Event Of Accident Claim Offense Suit recoverat Loss Or Acts Errors Or Omissions in the matter Auto Dealers Coverage Form are changed by disputes adding the following endorsen y A. parties r a. Promptly notify the police if a hit and run agreed driver is involved The two b. Promptly send us copies of the legal papers can not a if a suit is brought and request t c. A person seeking Underinsured Motorists of a court Coverage must also promptly notify us in pay the writing of a tentative settlement between expenses the insured and the insurer of the b. Unless underinsured motor vehicle and allow us arbitratior to advance payment to that insured in an which the amount equal to the tentative settlement as to arl within 30 days after receipt of notification to will apply preserve our rights against the insurer the arbitrz owner or operator of such underinsured F. Additional Defi motor vehicle. 3. Transfer Of Rights Of Recovery Against As used in this Others To Us is changed by adding the 1. Family mem following individual Nz or adoption If we make any payment and the insured InsuredEs hfl recovers from another party the insured shall child hold the proceeds in trust for us and pay us o back the amount we have paid. 2. OCDYQ or off. Our rights do not apply under this provision N. with respect to damages caused by an 3. Underinsure accident with an underinsured motor vehicle motor vehicl if we all liability b accident a. Have been given prompt written notice of a required by tentative settlement between an insured auto is prin 32che ilrer of an underinsured motor than the Limi However u b. Fail to advance payment to the insured in not inclue a an amount equal to the tentative settlement within 30 days after receipt of notification. a. Owned b or If we advance payment to the insured in an. amount equal to the tentative settlement within b. Designeo 30 days after receipt of notification while not a. That payment will be separate from any amount the insured is entitled to recover under the provisions of Underinsured Motorists Coverage and CA31181013 Insurance Services Office Inc. 2012 b. We also have a right to recover the advanced payment. 4. The following condition is added Arbitration a. If we and an insured disagree whether the insured is legally entited to recover damages from the owner or driver of an underinsured motor vehicle or do not agree as to the amount of damages that are recoverable by that insured then the matter may be arbitrated. However disputes concerning coverage under this endorsement may not be arbitrated. Both parties must agree to arbitration. If so agreed each party will select an arbitrator. The two arbitrators will select a third. If they can not agree within 30 days either may request that selection be made by a judge of a court having jurisdiction. Each party will pay the expenses it incurs and bear the expenses of the third arbitrator equally. b. Unless both parties agree otherwise arbitration will take place in the county in which the insured lives. Local rules of law as to arbitration procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding. F. Additional Definitions As used in this endorsement 1. Family member means a person related to an individual Named Insured by blood marriage or adoption who is a resident of such Named Insured s household including a ward or foster child. 2. Occupying means in upon getting in on out or off. 3. Underinsured motor vehicle means a land motor vehicle or trailer for which the sum of all liability bonds or policies at the time of an accident provides at least the amounts required by the applicable law where a covered auto is principally garaged but the sum is less than the Limit of Insurance of this coverage. However underinsured motor vehicle does not include any vehicle a. Owned by a governmental unit or agency or b. Designed for use mainly off public roads while not on public roads. Page 30f 3 Insured Copy | 2 |
POLICY NUMBER CPP850079A POLICY NUMBER CPP850079A COMMERCIAL AUTO CA 31330617 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MONTANA UNDERINSURED MOTORISTS COVERAGE NONSTACKED For a covered auto licensed or principally garaged in or auto dealer operations conducted in Montana 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. This endorsement changes the Policy effective on the inception date of the Policy unless another date is indicated below. Named Insured THE SCOULAR COMPANY SCOULAR PROPERTIES INC THE Endorsement Effective Date 05312021 SCHEDULE Limit Of Insurance 1000000 Each Accident Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Coverage b. A tentative settlement has been made 1. We will pay all sums the insured is legally PEILVG an dnSUVEd adltwe r jsure.r of an entitled to recover as compensatory damages underinsured motor vehicle and we from the owner or driver of an underinsured 1 Have been given prompt written notice motor vehicle. The damages must result from of such tentative settlement and bodily injury sustained by the insured caused by an accident. The owner s or driver s liability for these damages must result from the ownership maintenance or use of the underinsured motor vehicle. 2. We will pay under this coverage only if Paragraph a. or b. below applies a. The limit of any applicable liability bonds or policies has been exhausted by payment of judgments or settlements or 2 Advance payment to the insured in an amount equal to the tentative settlement within 30 days after receipt of notification. 3. Any judgment for damages arising out of a suit brought without our written consent is not binding on us. CA 31330617 Insurance Services Office Inc. 2016 Insured Copy Page 10f 3 | 2 |
B. Who Is An Insured If the Named Insured is designated in the Declarations as 1. Anindividual then the following are insureds a. The Named Insured and any family members. b. Anyone else occupying a covered auto or a temporary substitute for a covered auto. The covered auto must be out of service because of its breakdown repair servicing loss or destruction. c. Anyone for damages he or she is entitled to recover because of bodily injury sustained by another insured. 2. A partnership limited liability company corporation or any other form of organization then the following are insureds a. Anyone occupying a covered auto or a temporary substitute for a covered auto. The covered auto must be out of service because of its breakdown repair servicing loss or destruction. b. Anyone for damages he or she is entitled to recover because of bodily injury sustained by another insured. C. Exclusions This insurance does not apply to any of the following 1. Any claim settled without our consent. However this exclusion does not apply to a settlement made with the insurer of an underinsured motor vehicle in accordance with the procedure described in Paragraph A.2.b. 2. Punitive or exemplary damages. 3. The direct or indirect benefit of any insurer or self insurer under any workers compensation disability benefits or similar law. 4. Anyone using a vehicle without a reasonable belief that the person is entitled to do so. 5. With respect to damages resulting from an accident with an underinsured motor vehicle bodily injury sustained by a. An individual Named Insured while occupying or when struck by any vehicle owned by that Named Insured that is not a covered auto for Underinsured Motorists Coverage under this Coverage Form b. Any family member while occupying or when struck by any vehicle owned by that family member that is not a covered auto for Underinsured Motorists Coverage under this Coverage Form or c. Any family member while occupying or when struck by any vehicle owned by the Named Insured that is insured for Underinsured Motorists Coverage on a primary basis under any other Coverage Form or policy. 6. Bodily injury 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. D. Limit Of Insurance 1. Regardless of the number of covered autos insureds premiums paid claims made or vehicles involved in the accident the most we will pay for all damages resulting from any one accident is the Limit Of Insurance for Underinsured Motorists Coverage shown in the Schedule or Declarations. 2. No one will be entitled to receive duplicate payments for the same elements of loss under this Coverage Form and any Liability Coverage form or Medical Payments Coverage endorsement attached to this Coverage Part. We will not make a duplicate payment under this Coverage for any element of loss for which payment has been made by or for anyone who is legally responsible. We will not pay for any element of loss if a person is entitled to receive payment for the same element of loss under any workers compensation disability benefits or similar law. Page 2 0f 3 Insurance Services Office Inc. 2016 Insured Copy CA 31330617 | 2 |
E. Changes In Conditions The Conditions are changed for Underinsured Motorists Coverage as follows 1. Other Insurance in the Auto Dealers and Business Auto Coverage Forms and Other Insurance Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form are changed by addition of the following a. Reference to other collectible insurance applies only to other collectible underinsured motorists insurance. b. Any insurance we provide with respect to a vehicle owned by the Named Insured or if the Named Insured is an individual any family member that is not a covered auto for Underinsured Motorists Coverage under this Coverage Form shall be excess over any other collectible underinsured motorists insurance providing coverage on a primary basis. 2. Duties In The Event Of Accident Claim Suit Or Loss in the Business Auto and Motor Carrier Coverage Forms and Duties In The Event Of Accident Claim Offense Suit Loss Or Acts Errors Or Omissions in the Auto Dealers Coverage Form are changed by adding the following a. Promptly notify the police if a hit and run driver is involved and b. Promptly send us copies of the legal papers if a suit is brought. c. A person seeking coverage from an insurer owner or operator of an underinsured motor vehicle must also promptly notify us in writing of a tentative settlement between the insured and the insurer and allow us to advance payment to that insured in an amount equal to the tentative settlement within 30 days after receipt of notification to preserve our rights against the insurer owner or operator of such vehicle. 3. Transfer Of Rights Of Recovery Against Others To Us is changed by adding the following 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. Our rights do not apply under this provision with respect to damages caused by an accident with an underinsured motor vehicle if we a. Have been given prompt written notice of a tentative settiement between an insured and the insurer of a vehicle described in the definition of underinsured motor vehicle and b. Fail to advance payment to the insured in an amount equal to the tentative settlement within 30 days after receipt of notification. If we advance payment to the insured in an amount equal to the tentative settlement within 30 days after receipt of notification a. That payment will be separate from any amount the insured is entitled to recover under the provisions of Underinsured Motorists Coverage and b. We also have a right to recover the advance payment. F. Additional Definitions As used in this endorsement 1. Family member means a person related to an individual Named Insured by blood marriage or adoption who is a resident of such Named Insured s household including a ward or foster child. 2. Occupying means in upon getting in on out or off. 3. Underinsured motor vehicle means a land motor vehicle or trailer to which a liability bond or policy applies at the time of an accident but the amount paid under that bond or policy to the insured is not enough to pay the full amount the insured is legally entitled to recover as damages. However underinsured motor vehicle does not include any vehicle a. Owned or operated by a self insurer under any applicable motor vehicle law except a self insurer who is or becomes insolvent and can not provide the amounts required by that motor vehicle law b. Owned by a governmental unit or agency or c. Designed for use mainly off public roads while not on public roads. CA 31330617 Insurance Services Office Inc. 2016 Insured Copy Page 30f 3 | 2 |
POLICY NUMBER CPP850079A POLICY NUMBER CPP850079A COMMERCIAL AUTO CA 31350617 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MONTANA UNINSURED MOTORISTS COVERAGE NONSTACKED For a covered auto licensed or principally garaged in or auto dealer operations conducted in Montana 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. This endorsement changes the Policy effective on the inception date of the Policy unless another date is indicated below. Named Insured THE SCOULAR COMPANY SCOULAR PROPERTIES INC THE Endorsement Effective Date 05312021 SCHEDULE Limit Of Insurance 1000000 Each Accident Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Coverage b. Anyone else occupying a covered auto or a temporary substitute for a covered 1. We will pay all sums the insured is legally entitled to recover as compensatory damages from the owner or driver of an uninsured motor vehicle. The damages must result from bodily injury sustained by the insured caused by an accident. The owner s or driver s liability for these damages must result from the ownership maintenance or use of the uninsured motor vehicle. 2. Any judgment for damages arising out of a suit brought without our written consent is not binding on us. B. Who Is An Insured If the Named Insured is designated in the Declarations as 1. Anindividual then the following are insureds a. The Named Insured and any family members. auto. The covered auto must be out of service because of its breakdown repair servicing loss or destruction. c. Anyone for damages he or she is entitled to recover because of bodily injury sustained by another insured. 2. A partnership limited liability company corporation or any other form of organization then the following are insureds a. Anyone occupying a covered auto or a temporary substitute for a covered auto. The covered auto must be out of service because of its breakdown repair servicing loss or destruction. b. Anyone for damages he or she is entitled to recover because of bodily injury sustained by another insured. CA 31350617 Insurance Services Office Inc. 2016 Insured Copy Page 10f 3 | 2 |
C. Exclusions This insurance does not apply to any of the following 1. Punitive or exemplary damages. 2. The direct or indirect benefit of any insurer or self insurer under any workers compensation disability benefits or similar law. 3. Anyone using a vehicle without a reasonable belief that the person is entitled to do so. 4. Bodily injury 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. D. Limit Of Insurance 1. Regardless of the number of covered autos insureds premiums paid claims made or vehicles involved in the accident the most we will pay for all damages resulting from any one accident is the Limit Of Insurance for Uninsured Motorists Coverage shown in the Schedule or Declarations. 2. No one will be entitled to receive duplicate payments for the same elements of loss under this Coverage Form and any Liability Coverage form or Medical Payments Coverage endorsement attached to this Coverage Part. We will not make a duplicate payment under this coverage for any element of loss for which payment has been made by or for anyone who is legally responsible. We will not pay for any element of loss if a person is entitled to receive payment for the same element of loss under any workers compensation disability benefits or similar law. E. Changes In Conditions The Conditions are changed for Uninsured Motorists Coverage as follows 1. Other Insurance in the Auto Dealers and Business Auto Coverage Forms and Other Insurance Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form are changed by addition of the following a. Reference to other collectible insurance applies only to other collectible uninsured motorists insurance. b. Any insurance we provide with respect to a vehicle owned by the Named Insured or if the Named Insured is an individual any family member that is not a covered auto for Uninsured Motorists Coverage under this Coverage Form shall be excess over any other collectible uninsured motorists insurance providing coverage on a primary basis. 2. Duties In The Event Of Accident Claim Suit Or Loss in the Business Auto and Motor Carrier Coverage Forms and Duties In The Event Of Accident Claim Offense Suit Loss Or Acts Errors Or Omissions in the Auto Dealers Coverage Form are changed by adding the following a. Promptly notify the police if a hit and run driver is involved and b. Promptly send us copies of the legal papers if a suit is brought. 3. Transfer Of Rights Of Recovery Against Others To Us is changed by adding the following 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. Page 2 0f 3 Insurance Services Office Inc. 2016 Insured Copy CA 31350617 | 2 |
F. Additional Definitions As used in this endorsement 1. Family member means a person related to an individual Named Insured by blood marriage or adoption who is a resident of such Named Insured s household including a ward or foster child. 2. Occupying means in upon getting in on out or off. 3. Uninsured motor vehicle means a land motor vehicle or trailer a. For which no liability bond or policy at the time of an accident provides at least the amounts required by the applicable law where a covered auto is principally garaged b. For which an insuring or bonding company denies coverage or is or becomes insolvent or c. Thatis a hit and run vehicle and neither the driver nor owner can be identified. The vehicle must either 1 Hit an insured a covered auto or a vehicle an insured is occupying or 2 Cause bodily injury with no physical contact with an insured a covered auto or a vehicle an insured is occupying at the time of the accident provided the facts of the accident can be corroborated by competent evidence which may include the testimony under oath of any person having a claim under this or any similar insurance as the result of such accident. However uninsured motor vehicle does not include any vehicle a. Owned or operated by a self insurer under any applicable motor vehicle law except a self insurer who is or becomes insolvent and can not provide the amounts required by that motor vehicle law b. Owned by a governmental unit or agency or c. Designed for use mainly off public roads while not on public roads. CA 31350617 Insurance Services Office Inc. 2016 Insured Copy Page 30f 3 | 2 |
POLICY NUMBER CPP850079A LICY NUMBER CPP850079A COMMERCIAL AUTO CA99101013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DRIVE OTHER CAR COVERAGE BROADENED COVERAGE FOR NAMED INDIVIDUALS 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. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured Endorsement Effective Date STATE NE SCHEDULE Name Of Individual ANY EMPLOYEE ASSIGNED A COMPANY VEHICLE HOLDING Covered Autos Liability Coverage Limit 2000000 Premium 217 Auto Medical Payments Limit Premium Comprehensive Deductible Premium Collision Deductible Premium Uninsured Motorists Limit 1000000 Premium 50 Underinsured Motorists Limit 1000000 Premium Information required to complete this Schedule if not shown above will be shown in the Declarations. Note When Uninsured Motorists Coverage is provided at limits higher than the basic limits required by a financial responsibility law Underinsured Motorists Coverage is included unless otherwise noted. If Underinsured Motorists Coverage is provided as a separate coverage make appropriate entry in the Schedule above. CA99101013 Insurance Services Office Inc. 2011 Insured Copy Page 1 of 2 | 2 |
POLICY NUMBER CPP850079A LICY NUMBER CPP850079A COMMERCIAL AUTO CA99101013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DRIVE OTHER CAR COVERAGE BROADENED COVERAGE FOR NAMED INDIVIDUALS 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. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured Endorsement Effective Date STATE NE SCHEDULE Name Of Individual A POSITION OF FACILITY MANAGER OR HIGHER WHO IS Covered Autos Liability Coverage Limit 2000000 Premium INCLUDED Auto Medical Payments Limit Premium Comprehensive Deductible Premium Collision Deductible Premium Uninsured Motorists Limit 1000000 Premium INCLUDED Underinsured Motorists Limit 1000000 Premium INCLUDED Information required to complete this Schedule if not shown above will be shown in the Declarations. Note When Uninsured Motorists Coverage is provided at limits higher than the basic limits required by a financial responsibility law Underinsured Motorists Coverage is included unless otherwise noted. If Underinsured Motorists Coverage is provided as a separate coverage make appropriate entry in the Schedule above. CA99101013 Insurance Services Office Inc. 2011 Insured Copy Page 1 of 2 | 2 |
POLICY NUMBER CPP850079A LICY NUMBER CPP850079A COMMERCIAL AUTO CA99101013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DRIVE OTHER CAR COVERAGE BROADENED COVERAGE FOR NAMED INDIVIDUALS 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. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured Endorsement Effective Date STATE NE SCHEDULE Name Of Individual NOT AN INSURED UNDER ANY PERSONAL AUTO POLICY. Covered Autos Liability Coverage Limit 2000000 Premium INCLUDED Auto Medical Payments Limit Premium Comprehensive Deductible Premium Collision Deductible Premium Uninsured Motorists Limit 1000000 Premium INCLUDED Underinsured Motorists Limit 1000000 Premium INCLUDED Information required to complete this Schedule if not shown above will be shown in the Declarations. Note When Uninsured Motorists Coverage is provided at limits higher than the basic limits required by a financial responsibility law Underinsured Motorists Coverage is included unless otherwise noted. If Underinsured Motorists Coverage is provided as a separate coverage make appropriate entry in the Schedule above. CA99101013 Insurance Services Office Inc. 2011 Insured Copy Page 1 of 2 | 2 |
D. Changes In Physical Damage Coverage Any private passenger type auto you dont own hire or borrow is a covered auto while in the care custody or control of any individual named in the Schedule or his or her spouse while a resident of the same household except 1. Any auto owned by that individual or by any member of his or her household. 2. Any auto used by that individual or his or her spouse while working in a business of selling servicing repairing or parking autos. E. Additional Definition As used in this endorsement Family member means a person related to the individual named in the Schedule by blood marriage or adoption who is a resident of the individual s household including a ward or foster child. A. This endorsement changes only those coverages B. where a premium is shown in the Schedule. Changes In Covered Autos Liability Coverage 1. Any auto you do nt own hire or borrow is a covered auto while being used by any individual named in the Schedule or by his or her spouse while a resident of the same household except a. Any auto owned by that individual or by any member of his or her household. b. Any auto used by that individual or his or her spouse while working in a business of selling servicing repairing or parking autos. 2. The following is added to Who Is An Insured Any individual named in the Schedule and his or her spouse while a resident of the same household are insureds while using any covered auto described in Paragraph B.1. of this endorsement.. Changes In Auto Medical Payments And Uninsured And Underinsured Motorists Coverages The following is added to Who Is An Insured Any individual named in the Schedule and his or her family members are insureds while occupying or while a pedestrian when being struck by any auto you do nt own except Any auto owned by that individual or by any family member. Page 2 of 2 Insurance Services Office Inc. 2011 Insured Copy CA99101013 | 2 |
COMMERCIAL AUTO CA 99351113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEBRASKA AUTO MEDICAL PAYMENTS COVERAGE 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. Coverage 4. Bodily injury to your employee arising out of We will pay reasonable expenses incurred for necessary medical and funeral services to or for an insured who sustains bodily injury caused by accident. We will pay only those expenses incurred for services rendered within three years from the date of the accident.. Who Is An Insured 1. You while occupying or while a pedestrian when struck by any auto. 2. If you are an individual any family member while occupying or while a pedestrian when struck by any auto. 3. Anyone else occupying a covered auto or a temporary substitute for a covered auto. The covered auto must be out of service because of its breakdown repair servicing loss or destruction.. Exclusions This insurance does not apply to any of the following 1. Bodily injury sustained by an insured while occupying a vehicle located for use as a premises. 2. Bodily injury sustained by you or any family member while occupying or struck by any vehicle other than a covered auto owned by you or furnished or available for your regular use. 3. Bodily injury sustained by any family member while occupying or struck by any vehicle other than a covered auto owned by or furnished or available for the regular use of any family member. and in the course of employment by you. However we will cover bodily injury to your domestic employees if not entitled to workers compensation benefits. For the purposes of this endorsement a domestic employee is a person engaged in household or domestic work performed principally in connection with a residence premises. 5. Bodily injury to an insured while working in a business of selling servicing repairing or parking autos unless that business is yours. 6. Bodily injury 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. 7. Bodily injury to anyone using a vehicle without a reasonable belief that the person is entitled to do so. 8. Bodily injury sustained by an insured while occupying any covered auto while used in any professional racing or demolition contest or stunting activity or while practicing for such contest or activity. This insurance also does not apply to any bodily injury sustained by an insured while the auto is being prepared for such a contest or activity.. Bodily injury to your employee arising out of and in the course of employment by you. However we will cover bodily injury to your domestic employees if not entitled to workers compensation benefits. For the purposes of this endorsement a domestic employee is a person engaged in household or domestic work performed principally in connection with a residence premises.. Bodily injury to an insured while working in a business of selling servicing repairing or parking autos unless that business is yours.. Bodily injury 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.. Bodily injury to anyone using a vehicle without a reasonable belief that the person is entitled to do so.. Bodily injury sustained by an insured while occupying any covered auto while used in any professional racing or demolition contest or stunting activity or while practicing for such contest or activity. This insurance also does not apply to any bodily injury sustained by an insured while the auto is being prepared for such a contest or activity. CA99351113 Insurance Services Office Inc. 2013 Insured Copy Page 1 of 2 | 2 |
D. 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 bodily injury for each insured injured in any one accident is the Limit Of Insurance for Auto Medical Payments Coverage shown in the Declarations. No one will be entitled to receive duplicate payments for the same elements of loss under this coverage and any Liability Coverage Form Uninsured Motorists Coverage Endorsement or Underinsured Motorists Coverage Endorsement attached to this Coverage Part. Changes In Conditions The Conditions are changed for Auto Medical Payments Coverage as follows 1. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply. 2. The reference in Other Insurance in the Auto Dealers and Business Auto Coverage Forms and Other Insurance Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form to other collectible insurance applies only to other collectible auto medical payments insurance. When this Coverage Form and any other Coverage Form or policy providing Auto Medical Payments Coverage apply with respect to an accident 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 b. The other provides coverage to the operator of the loaned vehicle and c. At the time of such accident the operator s Auto Medical Payments Coverage as described in Paragraph b. is primary and the licensed seller or dealer s Auto Medical Payments Coverage described in Paragraph a. is excess over any insurance available to that operator. F. Additional Definitions As used in this endorsement 1. Family member means a person related to you by blood marriage or adoption who is a resident of your household including a ward or foster child. 2. Occupying means in upon getting in on out or off. 3. Loaned vehicle means an 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 99351113 | 2 |
COMMERCIAL AUTO CA 99481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION LIABILITY BROADENED COVERAGE FOR COVERED AUTOS BUSINESS AUTO AND MOTOR CARRIER COVERAGE FORMS 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. Covered Autos Liability Coverage is changed as follows 1. Paragraph a. of the Pollution Exclusion applies only to liability assumed under a contract or agreement. 2. With respect to the coverage afforded by Paragraph A.1. above Exclusion B.6. Care Custody Or Control does not apply. B. Changes In Definitions For the purposes of this endorsement Paragraph D. of the Definitions Section is replaced by the following D. 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. 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 b. 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. Paragraphs a. and b. 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 1 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 The discharge dispersal seepage migration release or escape of the nollutants is caused directlv bv 2 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. 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 b. 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. Paragraphs a. and b. 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 1 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 The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. 2 CA 99481013 Insurance Services Office Inc. 2011 Insured Copy Page 1 0of 1 | 2 |
COMMERCIAL AUTO PA 02051013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NORTH DAKOTA CHANGES CANCELLATION AND NONRENEWAL 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. If you are an individual and a covered auto you own is of the private passenger type and this policy covers six or fewer private passenger type autos the Cancellation Common Policy Condition does not apply. The following condition applies instead Ending This Policy d. If the covered auto is A. Cancellation 1. You may cancel the policy by returning it to us or by giving us advance notice of the date cancellation is to take effect. 2. 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 written notice of cancellation at least 10 days before the effective date of cancellation. 3. 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 a. Nonpayment of premium. b. You or any driver who either lives with you or customarily uses a covered auto has had his or her driver s license suspended or revoked during the policy period. However we may not cancel for this reason if the operator whose license is suspended or revoked is excluded from coverage under this policy. c. This policy has been written for a period of more than a year or without a fixed expiration date. We may cancel for this reason only at an anniversary of its original effective date. 1 So mechanically defective that its operation might endanger public safety 2 Used in carrying passengers for hire or compensation provided however that the use of an auto for a car pool is not use of an auto for hire or compensation Used in the transportation of flammables or explosives or for an illegal purpose 4 An authorized emergency vehicle or 5 Altered by an insured during the policy period so as to substantially increase the risk.. You move to a state where we are not licensed to do business.. Failure to pay dues or fees where payment of the dues or fees is a prerequisite to obtaining or continuing automobile insurance coverage.. A determination by the Commissioner that the continuation of the policy would place us in violation of the law or would be hazardous to the interests of policyholders creditors or the public.. Fraud or material misrepresentation made by or with the knowledge of any insured in obtaining the policy continuing the policy or PR S SRR T 3 d. If the covered auto is 1 So mechanically defective that its operation might endanger public safety 2 Used in carrying passengers for hire or compensation provided however that the use of an auto for a car pool is not use of an auto for hire or compensation 3 Used in the transportation of flammables or explosives or for an illegal purpose 4 An authorized emergency vehicle or 5 Altered by an insured during the policy period so as to substantially increase the risk.. You move to a state where we are not licensed to do business.. Failure to pay dues or fees where payment of the dues or fees is a prerequisite to obtaining or continuing automobile insurance coverage.. A determination by the Commissioner that the continuation of the policy would place us in violation of the law or would be hazardous to the interests of policyholders creditors or the public.. Fraud or material misrepresentation made by or with the knowledge of any insured in obtaining the policy continuing the policy or in presenting a claim under the policy. PA 02051013 Insurance Services Office Inc. 2012 Insured Copy Page 1 of 2 | 2 |
4. If this policy is cancelled you may be entitled to a premium refund. If so we will send you the refund. However making or offering to make the refund is not a condition of cancellation. If you cancel the refund if any will be computed in accordance with our customary short rate procedure. If we cancel the refund if any will be computed pro rata. 5. The effective date of cancellation stated in the notice shall become the end of the policy period. 6. If we cancel for any reason described in Paragraphs A.3.a. through h. above we will mail written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason described in Paragraphs A.3.b. through h. The notice of cancellation will state the reasons for cancellation. B. Nonrenewal 1. If we decide not to renew or continue this policy we will mail you written notice of nonrenewal stating the reasons for nonrenewal at least 30 days before the end of the policy period. If the policy period is other than one year we will have the right not to renew or continue it only at an anniversary of its original effective date. 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. 2. If we fail to mail proper notice of nonrenewal and you obtain other insurance this policy will end on the effective date of that insurance. C. Mailing Of Notices Any notice of cancellation or nonrenewal will be mailed to your last known address. However we may deliver any notice instead of mailing it. Proof of mailing of any notice shall be sufficient proof of notice. Page 2 of 2 Insurance Services Office Inc. 2012 Insured Copy PA 020510 13 | 2 |
COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTO PLUS ENDORSEMENT This endorsement modifies insurance provided under the following The of c CHOPPVOZErAE TOIMPOWR BUSINESS AUTO COVERAGE FORM BUSINESS AUTO COVERAGE FORM is amended to include the following additions and extensions overage NEWLY ACQUIRED OR FORMED ENTITIES TEMPORARY SUBSTITUTE AUTOS PHYSICAL DAMAGE COVERAGE BLANKET ADDITIONAL INSURED REQUIRED BY CONTRACT EMPLOYEES AS INSUREDS NONOWNED AUTOS EMPLOYEE HIRED AUTOS SUPPLEMENTARY PAYMENTS BAIL BONDS. SUPPLEMENTARY PAYMENTS LOSS OF EARNINGS FELLOW EMPLOYEE COVERAGE PROPERTY OF OTHERS PERSONAL EFFECTS COVERAGE AUTO MEDICAL PAYMENTS COVERAGE INCREASED LIMITS EXPANDED TOWING COVERAGE AUTO LOAN OR LEASE COVERAGE RENTAL REIMBURSEMENT COVERAGE EXPANDED TRANSPORTATION EXPENSE EXPENSE YOU INCUR TO RECOVER A STOLEN AUTO. ACCIDENTAL AIRBAG DISCHARGE COVERAGE PHYSICAL DAMAGE TWO OR MORE DEDUCTIBLES BLANKET WAIVER OF SUBROGATION AMENDED DUTIES IN THE EVENT OF ACCIDENT CLAIM SUIT OR LOSS UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS A. NEWLY ACQUIRED OR FORMED ENTITIES The Named Insured shown in the Declarations is amended to include any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority more than 50 interest if there is no other similar insurance available to that organization. Coverage under this provision is afforded only until the 90 day after you acquire or form the organization or the end of the policy period whichever comes first. B. TEMPORARY SUBSTITUTE AUTOS PHYSICAL DAMAGE COVERAGE The following is added to Paragraph C. Certain Trailers Mobile Equipment And Temporary Substitute Autos of SECTION COVERED AUTOS If Physical Damage Coverage is provided on a covered auto you own that is out of service because of its breakdown repair servicing loss or destruction then you have coverage for any auto you do not own while used with the permission of its owner as a temporary substitute for the covered out of service auto. The deductible for the temporary substitute auto will be the same as the applicable deductible for the covered auto it replaces. Includes copyrighted material of Insurance Services Office Inc. with its permission. CCAB191 1013 Page 10f 6 Insured Copy | 2 |
COMMERCIAL AUTO C. BLANKET ADDITIONAL INSURED REQUIRED BY CONTRACT The following is added to Paragraph A.1. Who Is An Insured of SECTION Il COVERED AUTOS LIABILITY COVERAGE Any persons or organizations is an additional insured with whom you have agreed in a valid written contract or agreement executed prior to any accident or loss that such persons or organizations be added as an additional insured on your policy. Such persons or organizations are additional insureds but only with respect to liability for bodily injury or property damage caused by an accident that is in whole or in part caused by your acts or omissions or the acts or omissions of those acting on your behalf and resulting from the ownership maintenance or use of a covered auto. D. EMPLOYEES AS INSUREDS NONOWNED AUTOS The following is added to the SECTION Il COVERED AUTOS LIABILITY COVERAGE Paragraph A.1. Who Is An Insured provision Any employee of yours is an insured while using a covered auto you do nt own hire or borrow in your business or your personal affairs. E. EMPLOYEE HIRED AUTOS 1. Changes In Covered Autos Liability Coverage The following is added to the Who Is An Insured Provision An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in an employee s name with your permission while performing duties related to the conduct of your business. 2. Changes In General Conditions Paragraph 5.b. of the Other Insurance Condition in the BUSINESS AUTO COVERAGE FORM is replaced by the following For Hired Auto Physical Damage Coverage the following are deemed to be covered autos you own a. Any covered auto you lease hire rent or borrow and b. Any covered auto hired or rented by your employee under a contract in an employee s name with your permission while performing duties related to the conduct of your business. However any auto that is leased hired rented or borrowed with a driver is not a covered auto. F. SUPPLEMENTARY PAYMENTS BAIL BONDS The following replaces Paragraph A.2.a. 2 of SECTION Il COVERED AUTOS LIABILITY COVERAGE 2 Up to 5000 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. G. SUPPLEMENTARY PAYMENTS LOSS OF EARNINGS The following replaces Paragraph A.2.a. 4 of SECTION Il COVERED AUTOS LIABILITY COVERAGE Includes copyrighted material of Insurance Services Office Inc. with its permission. CCAB191 1013 Page 2 of 6 Insured Copy | 2 |
COMMERCIAL AUTO 4 All reasonable expenses incurred by the insured at our request including actual loss of earnings up to 500 a day because of time off from work.. FELLOW EMPLOYEE COVERAGE The Fellow Employee Exclusion contained under the COVERED AUTOS LIABILITY COVERAGE does not apply. PROPERTY OF OTHERS The Care Custody Or Control Exclusion in SECTION Il COVERED AUTOS LIABILITY COVERAGE does not apply to property damage to property other than your property up to an amount not exceeding 3000 in any one accident. This coverage applies as a result of a covered loss without applying a deductible. Coverage is excess over any other valid and collectible insurance.. PERSONAL EFFECTS COVERAGE The following is added to Paragraph A.4. Coverage Extensions of SECTION lil PHYSICAL DAMAGE COVERAGE We will pay up to 1000 for the loss to personal effects which are 1 Owned by an insured and 2 Inoron your covered auto. This coverage applies as a result of a covered loss without applying a deductible. Coverage is excess over any other valid and collectible insurance.. AUTO MEDICAL PAYMENTS COVERAGE INCREASED LIMITS In the event of a covered loss where Auto Medical Payments Coverage applies we will double the Limit Of Insurance for Medical Payments shown in the Declarations for each insured who was wearing a seat belt at the time of the accident. This limit is the most we will pay for all covered medical expenses regardless of the number of covered autos insureds premiums paid claims made or vehicles involved in the accident.. EXPANDED TOWING COVERAGE The following replaces Paragraph A.2. of SECTION Il PHYSICAL DAMAGE COVERAGE We will pay up to 1. 100 for a covered auto you own of the private passenger type or 2. 500 for a covered auto you own that is not of the private passenger type for towing and labor costs incurred each time the covered auto is disabled. However the labor must be performed at the place of disablement.. AUTO LOAN OR LEASE COVERAGE Physical Damage Coverage is amended by the addition of the following 1. In the event of a total loss to a covered auto we will pay any unpaid amount due on the lease or loan including up to a maximum of 500 for early termination fees or penalties for a covered auto less Includes copyrighted material of Insurance Services Office Inc. with its permission. CCAB191 1013 Page 3 of 6 Insured Copy | 2 |
COMMERCIAL AUTO a. The amount paid under the policy s Physical Damage Coverage and b. Any 1 Overdue lease loan payments at the time of the loss 2 Financial penalties imposed under a lease for excessive use abnormal wear and tear or high mileage 3 Security deposits not returned by the lessor 4 Costs of extended warranties Credit Life insurance Health Accident or Disability insurance purchased with the loan or lease and 5 Carry over balances from previous loans or leases. This coverage only applies to a loss which is also covered under this policy for Comprehensive Specified Causes Of Loss or Collision Coverage. Coverage does not apply to any unpaid amount due on a loan for which the covered auto is not the sole collateral. This endorsement does not apply to any covered auto for which broader coverage is provided by any other endorsement form on this policy. N. RENTAL REIMBURSEMENT COVERAGE 1. We will pay for rental reimbursement expenses incurred by you for the rental of an auto because of loss to a covered auto. Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered auto. No deductibles apply to this coverage. This coverage applies only to a covered auto for which Physical Damage Coverage is provided on this policy. We will pay only for those expenses incurred during the policy period beginning 24 hours after the loss and ending regardless of the policy s expiration with the lesser of the following number of days a. The number of days reasonably required to repair or replace the covered auto. If loss is caused by theft this number of days is added to the number of days it takes to locate the covered auto and return it to you. b. 30 days. Our payment is limited to the lesser of the following amounts a. Necessary and actual expenses incurred. b. 75 for any one day or for a maximum of 30 days. This coverage does not apply while there are spare or reserve autos available to you for your operations. If loss results from the total theft of a covered auto of the private passenger type we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Expanded Transportation Expense Coverage Extension in this form. This endorsement does not apply to any covered auto for which broader coverage is provided by any other endorsement form on this policy. EXPANDED TRANSPORTATION EXPENSE Paragraph A.4.a. of SECTION Il PHYSICAL DAMAGE is replaced by the following Includes copyrighted material of Insurance Services Office Inc. with its permission. CCAB191 1013 Page 4 of 6 Insured Copy | 2 |
COMMERCIAL AUTO We will pay up to 50 per day to a maximum of 1500 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. P. EXPENSE YOU INCUR TO RECOVER A STOLEN AUTO The following is added to Paragraph A.4. of SECTION lll PHYSICAL DAMAGE COVERAGE We will pay up to 5000 for the expense of recovering a stolen covered auto to you. We will pay only for those covered autos for which you carry Comprehensive or Specified Causes Of Loss Coverage. Q. ACCIDENTAL AIRBAG DISCHARGE COVERAGE The following is added to Paragraph B.3.a. of SECTION Ill PHYSICAL DAMAGE COVERAGE Mechanical breakdown does not include the accidental discharge of an airbag. R. PHYSICAL DAMAGE TWO OR MORE DEDUCTIBLES The following is added to Paragraph D. Deductible of SECTION Il PHYSICAL DAMAGE COVERAGE When two or more covered autos sustain loss in the same collision the loss will be reduced by the largest single deductible that applies. For purposes of this coverage an auto and its attached trailer are two separate autos. S. BLANKET WAIVER OF SUBROGATION The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply but only when the Named Insured agrees that subrogation is waived prior to the accident or the loss under the terms of a written contract entered into between the Named Insured and an entity that is part of that contract. T. AMENDED DUTIES IN THE EVENT OF ACCIDENT CLAIM SUIT OR LOSS The following replaces Paragraph A.2.a. Duties In The Event Of Accident Claim Suit Or Loss of SECTION IV BUSINESS AUTO CONDITIONS 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 your insurance manager or any other person you designate as responsible for insurance related matters must notify us promptly of an accident or a loss regardless of the amount which may result in a claim. Include 1 How when and where the accident or loss occurred 2 The insured s name and address and 3 To the extent possible the names and addresses of any injured persons and witnesses. Paragraph A.2.b.2 Duties In The Event Of Accident Claim Suit Or Loss of SECTION IV BUSINESS AUTO CONDITIONS is amended as follows b. Additionally you and any other involved insured must Includes copyrighted material of Insurance Services Office Inc. with its permission. CCAB191 1013 Page 5 of 6 CCAB191 1013 Page 5 of 6 Insured Copy | 2 |
COMMERCIAL AUTO 2 Notify us and send us copies of any request demand order notice summons or legal papers received concerning the claim or suit as soon as practicable. For the purposes of this coverage provided you are presumed to have knowledge of the accident or loss when it has been reported to the insurance manager or any other person you designate as responsible for insurance related matters.. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS The following Condition is added to SECTION IV BUSINESS AUTO CONDITIONS Unintentional Failure To Disclose Hazards 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. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. Includes copyrighted material of Insurance Services Office Inc. with its permission. CCAB191 1013 Page 6 of 6 Insured Copy | 2 |
COMMERCIAL AUTO THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. COMPOSITE RATE ENDORSEMENT This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. Paragraph 6. Premium Audit under B. General Conditions of Section IV Business Auto Conditions is deleted and replaced by the following 6. PREMIUM AUDIT We will compute the premiums for this coverage part in accordance with the rates shown in the Schedule below. The deposit premium shown in the Schedule below is an estimate based on the number of autos you told us you would have at the beginning of the policy period. At the end of the policy period we will compute the final earned premium for that period and send notice to the first Named Insured. The final premiums will be determined using your average number of autos during the policy period. The average number of autos will be calculated by adding the number of your autos at the beginning of the policy period to the number of your autos at the end of the policy period and dividing that sum by two. Any fractional average number of autos will be rounded up to the nearest whole number. To calculate the final premium your average number of autos will be multiplied by the rates shown in the Schedule below. If the final premiums is more than the estimated premiums you paid to us you must pay us the balance. The due date for the final premium is the date shown as the due date on the bill. If the final premiums is less than the estimated premiums we will refund the balance to you. The first Named Insured must keep records of the information we need for premium computation and make available or send us copies as we may request upon expiration of this policy. SCHEDULE Coverage Description Number of Units Rate Premium Covered Autos Liability POWERED UNITS 127 1480.75 188054 Including PIP Med Pay Coverage Description Covered Autos Liability POWERED UNITS Including PIP Med Pay andor UM UIM As shown in the Declarations Page Coverage Description Physical Damage COVERED UNITS As shown in the Declarations Page Premium 188054 Description COVERED UNITS Number of Units Rate 84 413.58 Premium 34741 ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. CCAB192 1013 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 10f 1 Insured Copy | 2 |
COMMERCIAL AUTO THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. VIRGINIA COMPOSITE RATING SCHEDULE SCHEDULE Premium Basis Estimated Number of Composite Rate Premium Units 127 1480.75 188 Coverage Description Liability POWERED UNITS Including PIP and UM UIM as shown in the Declarations Page 1480.75 188054 Premium Basis Estimated Number of Composite Rate Premium Units 84 413.58 34 Coverage Description Physical Damage COVERED UNITS As shown in the Declarations Page 413.58 34741 CCAB198 0109 Page 10f 1 Insured Copy | 2 |
COMMERCIAL AUTO THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. COVERED AUTO DESIGNATION SYMBOL This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. Section Covered Autos is amended by adding the following Item Two of the Declarations shows the autos that are covered autos for each of your coverages. The following numerical symbols may be used in addition to the numerical symbols described in the Coverage Form to describe the autos that may be covered autos. The entry of one of the following symbols described below next to a coverage on the Declarations will designate the only autos that are covered autos. SYMBOL 10 ANY AUTO MODEL YEAR 2015 AND NEWER INCLUDING 1998 LOAD KING 115923 2005 KENWORTH TRUCK 24322 2009 WILKENS TRAILER 77213 2011 FORD TRUCK 73048 2012 FORD TRUCK 20967 2014 DODGE 73563 2014 GMC 11941 2014 WILKENS TRAILER 77716 2012 DODGE 291605 2012 FORD C54733 2012 DOUBLE CAP TOYOTA 259015 2013 WESTERN STAR FA5051 2013 FORD E75810 2014 FORD C71976 EXCLUDING 2015 FLATBED TRAILER 00025 2017 WILKENS TRAILER 77079 2017 WILKENS TRAILER 77203 2017 WILKENS TRAILER 77204 2017 WILKENS TRAILER 12552 2018 LOAD TRAILER CAR HAULER 49819 2020 TIMPTE TRAILER 64833 2020 TIMPTE TRAILER 66494 2020 TIMPTE TRAILER 66495 2020 TIMPTE TRAILER 66496 2020 TIMPTE TRAILER 66497 2020 WILKENS TRAILER 77588 2020 WILKENS TRAILER 77589 2018 WALTON TRAILER 555662 2019 CARRY ON TRAILER 014014 CCAB211 0210 Page 10f 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. Insured Copy | 2 |
THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF PHYSICAL DAMAGE DEDUCTIBLES This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM The SEE SCHEDULE reference to the Physical Damage deductibles shown for each covered auto in ITEM TWO THE SCHEDULE OF COVERAGES AND COVERED AUTOS are shown in the following deductible schedule SCHEDULE All covered autos defined by Item Two of the Covered Auto Business Auto Declaration for Physical Damage Coverage. Deductible Coverage 1000 COMPREHENSIVE 1000 COLLISION CCAB212 0909 Page 1 of 1 Insured Copy | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VIRGINIA UNINSURED MOTORISTS COVERAGE SCHEDULE OF COMBINED SINGLE LIMIT This endorsement modifies insurance provided under the following UNINSURED MOTORISTS COVERAGE VIRGINIA Paragraph E. Our Limit Of Liability references the limit of Uninsured Motorists Insurance shown in the Schedule. The Combined Single Limit of Insurance for Uninsured Motorists Coverage that we will pay for all damages resulting from any one accident is shown in the Schedule SCHEDULE LIMIT OF INSURANCE 1000000 Each Accident CCAB214 0909 Page 10f 1 Insured Copy | 2 |
COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GLASS REPAIR WAIVER OF DEDUCTIBLE This endorsement modifies insurance provided under the following BUSINESS AUTO 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 D. Deductible of Section Ill PHYSICAL DAMAGE C OVERAGE Any deductible shown in the Declarations for Comprehensive Coverage will not apply to glass breakage if the glass is repaired rather than replaced on covered autos. However the deductible will not be waived for windshield replacement or replacement subsequent to unsuccessful repairs on covered automobile windshields. CCAB222 0210 Page 10f 1 Insured Copy | 2 |
COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO PHYSICAL DAMAGE ENDORSEMENT This endorsement modifies insurance provided under the following BUSINESS AUTO 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 SECTION Il PHYSICAL DAMAGE COVERAGE A. Coverage Hired Auto Physical Damage a. Any auto you lease hire rent or borrow without a driver from someone other than your employees partners if you are a partnership members if you are a limited liability company or members of their households is a covered auto for the Physical Damage Coverages shown in ITEM FOUR of the Declarations. However the most we will pay for loss in any accident to a hired or borrowed auto is the least of the following amounts minus any applicable deductible shown in ITEM FOUR of the Declarations 2 The actual cash value of the damaged or stolen property as of the time of the lossor 3 The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality b. An adjustment for depreciation and physical damage condition will be made in determining actual cash value in the event of a total loss. c. Ifarepair or replacement results in better than like kind or quality we will not pay for the amount of the betterment. d. For each covered auto our obligation to pay for repair or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. However any Comprehensive Coverage Deductible does not apply to loss caused by fire or lightning. Includes copyrighted material of Insurance Services Office Inc. with its permission. CCAB223 0210 Insured Copy | 2 |
COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY SCHEDULE OF NAMED INSUREDS This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM Paragraph 1. Who Is An Insured of SECTION Il COVERED AUTOS LIABILITY COVERAGE is amended to include the following The insurance afforded under this policy applies to all persons or organizations listed in the SCHEDULE below as named insureds subject to the following provisions a. The first named insured is authorized to act on behalf of each named insured in all matters pertaining to this insurance. b. The first named insured declares that all firms named in the policy as named insureds are owned or financially controlled by the same interests. Schedule of Named Insureds THE SCOULAR COMPANY DBA TSC CONTAINER FREIGHT THE SCOULAR COMPANY LEVANT KS LLC SCOULAR PROPERTIES INC THE SCOULAR COMPANY DBA INDUSTRIAL FOOD INGREDIENTS SCOULAR INTERNATIONAL SALES CORPORATION SANGAMO AGRICULTURE LLC THE SCOULAR COMPANY DBA SCOULAR THE SCOULAR COMPANY DBA INTERNATIONAL PROTEINS CORPORATION THE SCOULAR COMPANY DBA SCOULAR SPECIAL CROPS THE SCOULAR COMPANY DBA SCOULAR GRAIN COMPANY CHOICE DRAYAGE COMPANY THE SCOULAR COMPANY DBA EMERGE BY SCOULAR ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. CCAB224 1013 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 1 of 1 Insured Copy | 2 |
COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY SCHEDULE OF MEDICAL PAYMENT LIMITS FOR MULTI STATE POLICIES This endorsement modifies insurance provided under the following AUTO MEDICAL PAYMENTS COVERAGE With respect to coverage provided by this endorsement the provisions of any Auto Medical Payments Coverage Form attached to the policy apply unless modified by the endorsement. A. TheLIMIT OF INSURANCE provisions applicable for each states Auto Medical Payments Coverage Form is amended as follows Regardless of the number of covered autos insureds premiums paid claims made or vehicles involved in the accident the most we will pay for bodily injury for each insured injured in any one accident is The Limit Of Insurance for Auto Medical Payments Coverage shown in the Schedule. When more than one limit is shown in the Schedule the state where the accident occurred will determine which Limit of Insurance is to apply. In Wisconsin If there is more than one covered auto the most we will pay for bodily injury for each insured injured in any one accident while not occupying an auto at the time of the accident is the sum of the Wisconsin Limit of Insurance for Auto Medical Payments Coverage shown in the Schedule applicable to each covered auto subject to a maximum of three covered autos. No one will be entitled to receive more than one Auto Medical Payments limit or duplicate payments for the same elements of loss under this coverage section and any Liability Coverage Form Uninsured Motorists Coverage Endorsement or Underinsured Motorists Coverage Endorsement. SCHEDULE STATE AUTO MEDICAL PAYMENT LIMIT AR S 5000 Per Accident IA S 5000 Per Accident D S 5000 Per Accident IL S 5000 Per Accident The Limits shown above for each state listed is the most we will pay for an occurring in that state. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. CCAB225 0210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 1 Insured Copy Page 10f 1 | 2 |
COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY SCHEDULE OF MEDICAL PAYMENT LIMITS FOR MULTI STATE POLICIES This endorsement modifies insurance provided under the following AUTO MEDICAL PAYMENTS COVERAGE With respect to coverage provided by this endorsement the provisions of any Auto Medical Payments Coverage Form attached to the policy apply unless modified by the endorsement. A. TheLIMIT OF INSURANCE provisions applicable for each states Auto Medical Payments Coverage Form is amended as follows Regardless of the number of covered autos insureds premiums paid claims made or vehicles involved in the accident the most we will pay for bodily injury for each insured injured in any one accident is The Limit Of Insurance for Auto Medical Payments Coverage shown in the Schedule. When more than one limit is shown in the Schedule the state where the accident occurred will determine which Limit of Insurance is to apply. In Wisconsin If there is more than one covered auto the most we will pay for bodily injury for each insured injured in any one accident while not occupying an auto at the time of the accident is the sum of the Wisconsin Limit of Insurance for Auto Medical Payments Coverage shown in the Schedule applicable to each covered auto subject to a maximum of three covered autos. No one will be entitled to receive more than one Auto Medical Payments limit or duplicate payments for the same elements of loss under this coverage section and any Liability Coverage Form Uninsured Motorists Coverage Endorsement or Underinsured Motorists Coverage Endorsement. SCHEDULE STATE AUTO MEDICAL PAYMENT LIMIT KS S 5000 Per Accident MS S 5000 Per Accident NE S 5000 Per Accident TX S 5000 Per Accident The Limits shown above for each state listed is the most we will pay for an occurring in that state. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. CCAB225 0210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 1 Insured Copy Page 10f 1 | 2 |
COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY SCHEDULE OF MEDICAL PAYMENT LIMITS FOR MULTI STATE POLICIES This endorsement modifies insurance provided under the following AUTO MEDICAL PAYMENTS COVERAGE With respect to coverage provided by this endorsement the provisions of any Auto Medical Payments Coverage Form attached to the policy apply unless modified by the endorsement. A. TheLIMIT OF INSURANCE provisions applicable for each states Auto Medical Payments Coverage Form is amended as follows Regardless of the number of covered autos insureds premiums paid claims made or vehicles involved in the accident the most we will pay for bodily injury for each insured injured in any one accident is The Limit Of Insurance for Auto Medical Payments Coverage shown in the Schedule. When more than one limit is shown in the Schedule the state where the accident occurred will determine which Limit of Insurance is to apply. In Wisconsin If there is more than one covered auto the most we will pay for bodily injury for each insured injured in any one accident while not occupying an auto at the time of the accident is the sum of the Wisconsin Limit of Insurance for Auto Medical Payments Coverage shown in the Schedule applicable to each covered auto subject to a maximum of three covered autos. No one will be entitled to receive more than one Auto Medical Payments limit or duplicate payments for the same elements of loss under this coverage section and any Liability Coverage Form Uninsured Motorists Coverage Endorsement or Underinsured Motorists Coverage Endorsement. SCHEDULE STATE AUTO MEDICAL PAYMENT LIMIT uT S 1000 Per Accident VA S 5000 Per Accident Per Accident Per Accident The Limits shown above for each state listed is the most we will pay for an occurring in that state. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. CCAB225 0210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 1 Insured Copy Page 10f 1 | 2 |
COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EXCLUDED ENTITY ENDORSEMENT This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by this endorsement. SCHEDULE Name of Excluded Entity CHOICE DRAYAGE COMPANY SFD OPCO SFD HOLDCO HOICE DRAYAGE COMPANY FD OPCO FD HOLDCO SECTION Il COVERED AUTOS LIABILITY COVERAGE Paragraph A.1. Who Is An Insured does not include the entity listed in the Schedule above. The definition of insured contract does not include that part of any contract or agreement which requires the insured to defend or indemnify the entity listed in the Schedule above. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. Page 10of1 CCAB231 1013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Insured Copy | 2 |
COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY NOTICE OF OCCURRENCE ENDORSEMENT This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. The following replaces Paragraph 2. Duties In The Event Of Accident Claim Suit Or Loss under A. Loss Conditions of Section IV Business Auto Conditions 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 your insurance manager or any other person you designate as responsible for insurance related matters must notify us promptly of an accident or a loss regardless of the amount which may result in a claim. Include 1 How when and where the accident or loss occurred 2 The insured s name and address and 3 To the extent possible the names and addresses of any injured persons and witnesses. b. 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 Notify us and send us copies of any request demand order notice summons or legal paper received concerning the claim or suit as soon as practicable. 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit. 4 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. c. Ifthereis 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. For the purposes of the coverage provided by this endorsement you are presumed to have knowledge of the accident or loss when it has been reported to your insurance manager or any other person you designate as responsible for insurance related matters. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. CCAB232 1013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 Insured Copy Page 1 of 1 | 2 |
COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS ENDORSEMENT This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM The following condition is added to SECTION IV BUSINESS AUTO CONDITIONS 1. Unintentional Failure To Disclose Hazards 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. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. CCAB233 0213 Page 10f 1 Insured Copy | 2 |
COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM SCHEDULE Number of Days Notice 90 If no entry appears above information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement. For any statutorily permitted reason other than nonpayment of premium the number of days required for notice of cancellation as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement is increased to the number of days shown in the Schedule above. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. Includes copyrighted material of Insurance Services Office Inc. with its permission CCAB237 0910 Page 10f 1 Insured Copy | 2 |
COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW VEHICLE REPLACEMENT COST This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modi fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured THE SCOULAR COMPANY Endorsement Effective Date 05312021 The following is added to paragraph C. Limit Of Insurance of SECTION Ill PHYSICAL DAMAGE COVERAGE 1. The provisions of subparagraphs 1. and 3. of paragraph C. Limit Of Insurance do not apply to a covered auto of the private passenger type or a vehicle with a gross vehicle weight of 20000 pounds or less which is a new vehicle. In the event of a total loss to your new vehicle to which this coverage applies we will pay at your option a. The verifiable new vehicle purchase price you paid for your damaged vehicle not including any insurance or warranties purchased b. Ifitis available the purchase price as negotiated by us of a new vehicle of the same make model and equipment or the most similar model available not including any furnishings parts or equipment not installed by the manufacturer or manufacturer s dealership or c. The market value of your damaged vehicle not including any furnishings parts or equipment not installed by the manufacturer or manufacturer s dealership. We will not pay for initiation or set up costs associated with loans or leases. In this endorsement a new vehicle means an auto of which you are the original owner that has not been previously titled and which you purchased less than 365 days before the date of the loss. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. CCAB241 0213 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission Insured Copy | 2 |
COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIRD PARTY CANCELLATION NOTIFICATION This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM SCHEDULE Policy Term 05 31 2021 to 05 31 2022 Name of Person or Organization PROGRESSIVE RAIL INC ATTENTION LEGAL Mailing Address 21778 HIGHVIEW AVENUE LAKEVILLE MN 55044 Number of days advance notice of cancellation for nonpayment of premium Number of days advance notice if we cancel for any other reason 10 days 30 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 this Schedule. The notification will be sent to the mailing address listed above. If notice is mailed proof of mailing will be sufficient proof of notice. CCAB246 0213 Page 10f 1 Insured Copy | 2 |
COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION MODIFICATION ENDORSEMENT This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM A. POLLUTION CLARIFICATION The following is added to 11. Pollution of Paragraph B. Exclusions under SECTION Il COVERED AUTOS 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 L. 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. with its permission CCAB251 1013 Page 1 of 1 Insured Copy | 2 |
COMMERCIAL AUTO Policy CPP850079A Client 850079 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DRIVER EXCLUSION This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM The following is added to Subparagraph b. of the exceptions in Paragraph A.1. Who Is An Insured under SECTION Il COVERED AUTOS LIABILITY COVERAGE The Driver listed below Driver Name TANNER BERNING WE WILL NOT BE LIABLE FOR ANY ACCIDENT INVOLVING A COVERED AUTO WHILE DRIVEN BY THE DRIVER LISTED ABOVE. If checked this endorsement also applies to any ACCIDENT involving covered mobile equipment that is subject to compulsory or financial responsibility laws or other motor vehicle insurance law where they are licensed or principally garaged. Insured s Signature SIGNATURE ON FILE Date Excluded Driver s Signature SIGNATURE ON FILE Date ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. Includes copyrighted material of Insurance Services Office Inc. with its permission. CCAB259 0315 Page 10f 6 Insured Copy | 2 |
COMMERCIAL AUTO Policy CPP850079A Client 850079 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DRIVER EXCLUSION This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM The following is added to Subparagraph b. of the exceptions in Paragraph A.1. Who Is An Insured under SECTION Il COVERED AUTOS LIABILITY COVERAGE The Driver listed below Driver Name RYAN LEPSKI WE WILL NOT BE LIABLE FOR ANY ACCIDENT INVOLVING A COVERED AUTO WHILE DRIVEN BY THE DRIVER LISTED ABOVE. If checked this endorsement also applies to any ACCIDENT involving covered mobile equipment that is subject to compulsory or financial responsibility laws or other motor vehicle insurance law where they are licensed or principally garaged. Insured s Signature SIGNATURE ON FILE Date Excluded Driver s Signature SIGNATURE ON FILE Date ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. Includes copyrighted material of Insurance Services Office Inc. with its permission. CCAB259 0315 Page 2 of 6 Insured Copy | 2 |
COMMERCIAL AUTO Policy CPP850079A Client 850079 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DRIVER EXCLUSION This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM The following is added to Subparagraph b. of the exceptions in Paragraph A.1. Who Is An Insured under SECTION Il COVERED AUTOS LIABILITY COVERAGE The Driver listed below Driver Name JOCIE JAMES WE WILL NOT BE LIABLE FOR ANY ACCIDENT INVOLVING A COVERED AUTO WHILE DRIVEN BY THE DRIVER LISTED ABOVE. If checked this endorsement also applies to any ACCIDENT involving covered mobile equipment that is subject to compulsory or financial responsibility laws or other motor vehicle insurance law where they are licensed or principally garaged. Insured s Signature SIGNATURE ON FILE Date Excluded Driver s Signature SIGNATURE ON FILE Date ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. Includes copyrighted material of Insurance Services Office Inc. with its permission. CCAB259 0315 Page 3 of 6 Insured Copy | 2 |
COMMERCIAL AUTO Policy CPP850079A Client 850079 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DRIVER EXCLUSION This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM The following is added to Subparagraph b. of the exceptions in Paragraph A.1. Who Is An Insured under SECTION Il COVERED AUTOS LIABILITY COVERAGE The Driver listed below Driver Name GILL VENANGO WE WILL NOT BE LIABLE FOR ANY ACCIDENT INVOLVING A COVERED AUTO WHILE DRIVEN BY THE DRIVER LISTED ABOVE. If checked this endorsement also applies to any ACCIDENT involving covered mobile equipment that is subject to compulsory or financial responsibility laws or other motor vehicle insurance law where they are licensed or principally garaged. Insured s Signature SIGNATURE ON FILE Date Excluded Driver s Signature SIGNATURE ON FILE Date ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. Includes copyrighted material of Insurance Services Office Inc. with its permission. CCAB259 0315 Page 4 of 6 Insured Copy | 2 |
COMMERCIAL AUTO Policy CPP850079A Client 850079 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DRIVER EXCLUSION This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM The following is added to Subparagraph b. of the exceptions in Paragraph A.1. Who Is An Insured under SECTION Il COVERED AUTOS LIABILITY COVERAGE The Driver listed below Driver Name JASON COOPER WE WILL NOT BE LIABLE FOR ANY ACCIDENT INVOLVING A COVERED AUTO WHILE DRIVEN BY THE DRIVER LISTED ABOVE. If checked this endorsement also applies to any ACCIDENT involving covered mobile equipment that is subject to compulsory or financial responsibility laws or other motor vehicle insurance law where they are licensed or principally garaged. Insured s Signature SIGNATURE ON FILE Date Excluded Driver s Signature SIGNATURE ON FILE Date ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. Includes copyrighted material of Insurance Services Office Inc. with its permission. CCAB259 0315 Page 5 of 6 Insured Copy | 2 |
COMMERCIAL AUTO Policy CPP850079A Client 850079 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DRIVER EXCLUSION This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM The following is added to Subparagraph b. of the exceptions in Paragraph A.1. Who Is An Insured under SECTION Il COVERED AUTOS LIABILITY COVERAGE The Driver listed below Driver Name TYLER BLAKELY WE WILL NOT BE LIABLE FOR ANY ACCIDENT INVOLVING A COVERED AUTO WHILE DRIVEN BY THE DRIVER LISTED ABOVE. If checked this endorsement also applies to any ACCIDENT involving covered mobile equipment that is subject to compulsory or financial responsibility laws or other motor vehicle insurance law where they are licensed or principally garaged. Insured s Signature SIGNATURE ON FILE Date Excluded Driver s Signature SIGNATURE ON FILE Date ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. Includes copyrighted material of Insurance Services Office Inc. with its permission. CCAB259 0315 Page 6 of 6 Insured Copy | 2 |
COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF BODILY INJURY DEFINITION This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM The definition of bodily injury under SECTION V DEFINITIONS is deleted and replaced by C. 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. CCAB283 0317 Page 1 0of 1 Insured Copy | 2 |
FORM MCS90 Revised 3312020 FORM MCS90 Revised 3312020 OMB No. 2126 0008 Expiration 03312021 USDOT Number Date Received A Federal Agency may not conduct or sponsor and a person is not required to respond to nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection s 2126 0008. Public reporting for this collection of information is estimated to be approximately 2 minutes per response. including the time for reviewing instructions gathering the data needed and completing and reviewing the collection of information. All responses to this collection of information are mandatory. Send comments regarding this burden estimate or any other aspect of this collection of information including suggestions for reducing this burden to Information Collection Clearance Officer Federal Motor Carrier Safety Administration MC RRA Washington D.C. 2039 e United States Department of Transportation Federal Motor Carrier Safety Administration Endorsement for Motor Carrier Policies of Insurance for Public Liability under Sections 29 and 30 of the Motor Carrier Act of 1980 FORM MCS90 Issuedto THE SCOULAR COMPANY of 2027 DODGE ST OMAHA NE USA 68102 Motor Carrier name Motor Carrier state or province Datedat Des Moines IA onthis 31 dayof May 2021 Amending Policy Number CPP850079A Effective Date 05312021 Name of Insurance Company NATIONWIDE AGRIBUSINESS INSURANCE COMPANY Countersigned by 771 i 7 Buesr authorized company representative The policy to which this endorsement is attached provides primary or excess insurance as indicated for the limits shown check only one X This insurance is primary and the company shall not be liable for amounts in excessof 2 000 000 for each accident. This insurance is excess and the company shall not be liable for amounts in excess of for each accident in excess of the underlying limit of for each accident. Whenever required by the Federal Motor Carrier Safety Administration FMCSA the company agrees to furnish the FMCSA a duplicate of said policy and all its endorsements. The company also agrees upon telephone request by an authorized representative of the FMCSA to verify that the policy is in force as of a particular date. The telephone number to call is 800 228 6700. Cancellation of this endorsement may be effected by the company or the insured by giving 1 thirty five 35 days notice in writing to the other party said 35 days notice to commence from the date the notice is mailed proof of mailing shall be sufficient proof of notice and 2 if the insured is subject to the FMCSA s registration requirements under 49 U.S.C. 13901 by providing thirty 30 days notice to the FMCSA said 30 days notice to commence from the date the notice is received by the FMCSA at its office in Washington DC. continued on next page FORM MCS90 Page 1 of 3 Insured Copy | 2 |
FORM MCS90 Revised 3312020 OMB No. 2126 0008 Expiration 3312021 DEFINITIONS AS USED IN THIS ENDORSEMENT Accident includes continuous or repeated exposure to conditions or which results in bodily injury property damage or environmental damage which the insured neither expected nor intended. Motor Vehicle means a land vehicle machine truck tractor trailer or semitrailer propelled or drawn by mechanical power and used on a highway for transporting property or any combination thereof. Bodily Injury means injury to the body sickness or disease to any person including death resulting from any of these. Property Damage means damage to or loss of use of tangible property. The insurance policy to which this endorsement is attached provides automobile liability insurance and is amended to assure compliance by the insured within the limits stated herein as a motor carrier of property with Sections 29 and 30 of the Motor Carrier Act of 1980 and the rules and regulations of the Federal Motor Carrier Safety Administration FMCSA. In consideration of the premium stated in the policy to which this endorsement is attached the insurer the company agrees to pay within the limits of liability described herein any final judgment recovered against the insured for public liability resulting from negligence in the operation maintenance or use of motor vehicles subject to the financial responsibility requirements of Sections 29 and 30 of the Motor Carrier Act of 1980 regardless of whether or not each motor vehicle is specifically described in the policy and whether or not such negligence occurs on any route or in any territory authorized to be served by the insured or elsewhere. Such insurance as is afforded for public liability does not apply to injury to or death of the insured s employees while engaged in the course of their employment or property transported by the insured designated as cargo. It is understood and agreed that no condition provision stipulation or limitation contained in the policy this endorsement or any other endorsement thereon Environmental Restoration means restitution for the loss damage or destruction of natural resources arising out of the accidental discharge dispersal release or escape into or upon the land atmosphere watercourse or body of water of any commodity transported by a motor carrier. This shall include the cost of removal and the cost of necessary measures taken to minimize or mitigate damage to human health the natural environment fish shellfish and wildlife. Public Liability means liability for bodily injury property damage and environmental restoration. or violation thereof shall relieve the company from liability or from the payment of any final judgment within the limits of liability herein described irrespective of the financial condition insolvency or bankruptcy of the insured. However all terms conditions and limitations in the policy to which the endorsement is attached shall remain in full force and effect as binding between the insured and the company. The insured agrees to reimburse the company for any payment made by the company on account of any accident claim or suit involving a breach of the terms of the policy and for any payment that the company would not have been obligated to make under the provisions of the policy except for the agreement contained in this endorsement. It is further understood and agreed that upon failure of the company to pay any final judgment recovered against the insured as provided herein the judgment creditor may maintain an action in any court of competent jurisdiction against the company to compel such payment. The limits of the company s liability for the amounts prescribed in this endorsement apply separately to each accident and any payment under the policy because of anyone accident shall not operate to reduce the liability of the company for the payment of final judgments resulting from any other accident. continued on next page Insured Copy FORM MCS90 Page 2 of 3 | 2 |
FORM MCS90 Revised 3312020 OMB No. 2126 0008 Expil SCHEDULE OF LIMITS PUBLIC LIABILITY 1 For hire in interstate or foreign commerce with a gross vehicle weight rating of 10000 or more pounds. Commodity transported January 1 1985 Property nonhazardous 750000 2 For hire and Private in interstate foreign or intrastate commerce with a gross vehicle weight rating of 10000 or more pounds. Hazardous substances as defined in 49 CFR 171.8 transported in cargo tanks portable tanks or hopper type vehicles with capacities in excess of 3500 water gallons or in bulk Division 1.1 1.2 and 1.3 materials Division 2.3 Hazard Zone A or Division 6.1 Packing Group I Hazard Zone A material in bulk Division 2.1 or 2.2 or highway route controlled quantities of a Class 7 material as defined in 49 CFR 173.403. 000000 3 For hire and Private in interstate or foreign Oil listed in 49 CFR 172.101 hazardous waste 1000000 commerce in any quantity or in intrastate commerce hazardous materials and hazardous substances in bulk only with a gross vehicle weight rating of defined in 49 CFR 171.8 and listed in 49 CFR 172.101 10000 or more pounds. but not mentioned in 2 above or 4 below. 8 For hire and Private In interstate or foreign Any quantity of Division 1.1 1.2 or 1.3 material any 55000000 commerce with a gross vehicle weight rating of less than 10000 pounds. quantity of a Division 2.3 Hazard Zone A or Division 6.1 Packing Group 1 Hazard Zone A material or highway route controlled quantities of a Class 7 material as defined in 49 CFR 173.403. The schedule of limits shown does not provide coverage. The limits shown in the schedule are for information purposes only. Insured Copy FORM MCS90 Page 3 of 3 | 2 |
Underwriter POLICY NUMBER COMMERCIAL AUTO CA20701013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE FOR CERTAIN OPERATIONS IN CONNECTION WITH RAILROADS This endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIERS COVERAGE FORM With respect to coverage provided under this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured Endorsement Effective Date SCHEDULE Scheduled Railroad Designated Job Site ANYRAILROAD WHICH YOU HAVE AGREED TO ALL JOB SITES WHERE YOU ARE OPERATING INDEMNIFY PURSUANT TO A WRITTEN UNDER AND EASEMENT GRANTED BY A CONTRACT ENTERED INTO WITH SUCH RAILROAD AND WHERE YOU HAVE AGREED TO RAILROAD THAT WAS SIGNED PRIOR TO LOSS IN INDEMNIFY SUCH RAILROAD FOR YOUR CONNECTION WITH AN EASEMENT GRANTED BY OPERATIONS PURSUANT TO SUCH EASEMENT SUCH RAILROAD TO YOU. UNDER A WRITTEN CONTRACT ENTERED INTO PRIOR TO LOSS. Information required to complete this Schedule if not shown above will be shown in the Declarations. With respect to the use of a covered auto in operations for or affecting a railroad designated in the Schedule at a Designated Job Site the two exceptions contained in the definition of insured contract relating to construction or demolition operations performed within 50 feet of a railroad do not apply. POLICY NUMBER tive Nata CA20701013 Insurance Services Office Inc. 2011 Insured Copy Page 1of 1 | 2 |
COMMERCIAL GENERAL LIABILITY DECLARATIONS POLICY NUMBER MES RIVER INSURANCE COMPANY 00078803 0 11 WEST BROAD STREET. SUITE 300 JAMES RIVER INSURANCE COMPANY 6641 WEST BROAD STREET SUITE 300 RICHMOND VA 23230 NAMED INSURED AND MAILING ADDRESS Wichita State Innovation Alliance Inc 1845 Fairmont Wichita KS 67230 PRODUCER 15663 Partners Specialty Group Inc. KC 4520 Main Street Suite 500 Kansas City MO 64111 2. POLICY PERIOD From 08192017 to 08192018 1201 A.M. Standard Time at your Mailing Address above. IN RETURN FOR THE PAYMENT OF THE PREMIUM IN RELIANCE UPON THE STATEMENTS IN THE APPLICATIONS AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. LIMITS OF INSURANCE EACH OCCURRENCE LIMIT 1000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 50000 Any one premises MEDICAL EXPENSE LIMIT 1000 Any one person PERSONAL ADVERTISING INJURY LIMIT 1000000 Any one person or organization GENERAL AGGREGATE LIMIT 2000000 PRODUCTS COMPLETED OPERATIONS Excluded AGGREGATE LIMIT RETROACTIVE DATE CG 00 02 ONLY THIS INSURANCE DOES NOT APPLY TO BODILY INJURY PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY WHICH OCCURS BEFORE THE RETROACTIVE DATE IF ANY SHOWN BELOW. RETROACTIVE DATE NONE THIS IS NOT A CLAIMS MADE POLICY ENTER DATE OR NONE IF NO RETROACTIVE DATE APPLIES DESCRIPTION OF BUSINESS FORM OF BUSINESS Corporation BUSINESS DESCRIPTION Real Estate Development Any one premises Any one person Any one person or organization URY LIMIT ATIONS MCO0001US 04 16 Page 1 of 2 | 2 |
ALL PREMISES YOU OWN RENT OR OCCUPY LOCATION NUMBER ADDRESS OF ALL PREMISES YOU OWN RENT OR OCCUPY 1 NE 14 of Sec 11 Twp 27 S Range 1 East of Sixth Sedgwick Coun ty Wichita KS 67230 CLASSIFICATION AND PREMIUM LOCATION CLASSIFICATION CODE PREMIUM RATE ADVANCE NUMBER NO. BASE PREMIUM 1 Lakes or Reservoirs 45523 6 1089.46 6537.00 existence hazard only Per Lake or Other than Not For Profit Reservoir 1 Real Estate Development 47051 120 8.03 963.00 Property Acres TOTAL PREMIUM SUBJECT TO AUDIT 7500.00 If checked premium shown is flat and not Company Fee 350.00 subject to audit TOTAL SHOWN IS PAYABLE AT INCEPTION 7850.00 501.00 KS S L Tax 500.00 Broker Fee AUDIT PERIOD IF APPLICABLE FREQUENCY Annual ENDORSEMENTS ENDORSEMENTS ATTACHED TO THIS POLICY See attached schedule A Schedule of Forms THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORMS AND ANY ENDORSEMENTS COMPLETE THE ABOVE NUMBERED POLICY. MCO0001US 04 16 Page 2 of 2 | 2 |
SCHEDULE A FORMS AND ENDORSEMENTS THAT APPLY TO THIS POLICY POLICY NO. 00078803 0 FORM NUMBER DESCRIPTION MC0001US0416 AP0001US0403 CG0001 1207 AP2103US0607 MC2105US1016 MC2126US0913 AP1013US0516 AP2033US0310 AP2104US1012 AP2107US0403 AP2048US0906 AP2063US1010 CG0068 0509 CG2104 1185 CG2136 0305 CG2147 1207 CG2167 1204 1L0021 0908 AP1007US0514 AP2029US1210 AP2031US0411 AP2034US1106 AP2036US1105 AP2111US1105 GC2131US0403 MC2142US0205 AP5027R0115 CG2175 0115 AP0100US0403 Commercial General Liability Declarations Schedule A Commercial General Liability Coverage Form Minimum Policy Premium Deductible Endorsement Damages and Expenses Premium Base Endorsement Premium Audit Conditions Amended Independent Contractors Special Provisions Specified Limits Common Policy Conditions Binding Arbitration Limitation of Coverage to Designated Premises or Project Classification Limitation Endorsement Recording and Distribution of Material or Information in Violation of the Law Exclusion Exclusion Products Completed Operations Hazard Exclusion New Entities Employment Related Practices Exclusion Fungi or Bacteria Exclusion Nuclear Energy Liability Exclusion Exclusion Operations Covered by a Consolidated Insurance Program Wrap Up OCIP CCIP Combined Policy Exclusions Exclusion Cross Suits Injury to Independent Contractors and Subcontractors Exclusion Absolute Pollution and Pollution Related Liability Exclusion Exclusion Punitive Damages Fiduciary Exclusion Exclusion Prior Work Rejection of Coverage for Certified Acts of Terrorism Coverage Exclusion of Certified Acts of Terrorism and Exclusion of Other Acts of Terrorism Committed Outside the United States Privacy Policy AP0001US 04 03 1of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 00011207 COMMERCIAL GENERAL LIABILITY 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 and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An In sured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be comes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this in surance does not apply. We may at our discre tion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and Our right and duty to defend ends when we have used up the applicable limit of insur ance in the payment of judgments or set tlements under Coverages A or B or medi cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex plicitly provided for under Supplementary Pay ments Coverages A and B. 2 b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an oc currence or claim knew that the bodily in jury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any con tinuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have oc curred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or re ceive notice of an occurrence or claim in cludes any continuation change or resumption of that bodily injury or property damage af ter the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed un der Paragraph 1. of Section Il Who Is An In sured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other in surer Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or Becomes aware by any other means that bodily injury or property damage has oc curred or has begun to occur. 2 3 2 3 CG 00011207 ISO Properties Inc. 2006 Page 1 of 16 a | 0 |
e. Damages because of bodily injury include damages claimed by any person or organiza tion for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to 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 resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a con tract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subse quent to the execution of the contract or agreement. Solely for the purposes of liabil ity assumed in an insured contract rea sonable attorney fees and necessary litiga tion expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and Such attorney fees and litigation ex penses are for defense of that party against a civil or alternative dispute res olution proceeding in which damages to which this insurance applies are alleged. b c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or un der the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alco holic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. d. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unem ployment compensation law or any similar law. e. Employer s Liability 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 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damag es with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability as sumed by the insured under an insured con tract. Page 2 of 16 ISO Properties Inc. 2006 CG 00011207 a | 1 |
f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened dis charge dispersal seepage migration re lease or escape of pollutants a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your pol icy as an additional insured with re spect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any in sured other than that additional in sured or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was at any time used by or for any insured or others for the han dling storage disposal processing or treatment of waste Which are or were at any time trans ported handled stored treated dis posed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally responsible or c d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or in directly on any insured s behalf are per forming operations if the pollutants are brought on or to the premises site or lo cation in connection with such opera tions by such insured contractor or sub contractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or me chanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or re lease of the fuels lubricants or other operating fluids or if such fuels lub ricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being per formed by such insured contractor or subcontractor ii Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connec tion with operations being performed by you or on your behalf by a con tractor or subcontractor or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or in directly on any insured s behalf are per forming operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the ef fects of pollutants. iii CG 00011207 ISO Properties Inc. 2006 Page 3 of 16 a | 1 |
2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up re move contain treat detoxify or neutral ize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a gov ernmental authority for damages be cause of testing for monitoring cleaning up removing containing treating de toxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a govern mental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or en trustment to others of any aircraft auto or wa tercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employ ment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrust ment to others of any aircraft auto or water craft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured Liability assumed under any insured con tract for the ownership maintenance or use of aircraft or watercraft or 4 5 Bodily injury or property damage arising out of a The operation of machinery or equip ment that is 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 in the state where it is li censed or principally garaged or the operation of any of the machinery or equipment listed in Paragraph f.2 or.3 of the definition of mobile equip ment. b h. Mobile Equipment 1 2 Bodily injury or property damage arising out of The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 2 3 War including undeclared or civil war Warlike action by a military force including action in hindering or defending against an actual or expected attack by any govern ment sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental au thority in hindering or defending against any of these. j. Damage To Property Property damage to 1 2 3 4 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restora tion or maintenance of such property for any reason including prevention of injury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises Property loaned to you Personal property in the care custody or control of the insured Page 4 of 16 ISO Properties Inc. 2006 CG 00011207 a | 1 |
5 That particular part of real property on which you or any contractors or subcontrac tors working directly or indirectly on your behalf are performing operations if the property damage arises out of those op erations or 6 That particular part of any property that must be restored repaired or replaced be cause your work was incorrectly per formed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the con tents of such premises rented to you for a pe riod of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Prem ises Rented To You as described in Section Il Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclu sion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard.. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage aris es was performed on your behalf by a subcon tractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or danger ous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and ac cidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or ex pense incurred by you or others for the loss of use withdrawal recall inspection repair re placement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and ad vertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Distribution Of Material In Violation Of Statutes Bodily injury or property damage arising di rectly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law or 3 Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmit ting communicating or distribution of mate rial or information. CG 00011207 ISO Properties Inc. 2006 Page 5 of 16 a | 1 |
Exclusions c. through n. do not apply to damage by fire to premises while rented to you or tempo rarily occupied by you with permission of the own er. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be comes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for per sonal and advertising injury to which this in surance does not apply. We may at our discre tion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insur ance in the payment of judgments or set tlements under Coverages A or B or medi cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex plicitly provided for under Supplementary Pay ments Coverages A and B. b. This insurance applies to personal and adver tising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and ad vertising injury. b. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity.. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication of material whose first publication took place before the beginning of the policy period.. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured.. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to li ability for damages that the insured would have in the absence of the contract or agreement. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied con tract to use another s advertising idea in your advertisement.. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or per formance made in your advertisement.. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertise ment.. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trade mark trade secret or other intellectual property rights. Under this exclusion such other intellec tual property rights do not include the use of another s advertising idea in your advertise ment. However this exclusion does not apply to in fringement in your advertisement of copy right trade dress or slogan.. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or Page 6 of 16 ISO Properties Inc. 2006 CG 00011207 a | 1 |
3 An Internet search access content or service provider. However this exclusion does not apply to Par agraphs 14.a. b. and c. of personal and ad vertising injury under the Definitions Section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertis ing broadcasting publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the in sured hosts owns or over which the insured exercises control. I. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mis lead another s potential customers. m. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or es cape of pollutants at any time. n. Pollution Related Any loss cost or expense arising out of any 1 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 Claim or suit by or on behalf of a govern mental authority for damages because of testing for monitoring cleaning up remov ing containing treating detoxifying or neu tralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 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 govern ment sovereign or other authority using military personnel or other agents or 2 3 Insurrection rebellion revolution usurped power or action taken by governmental au thority in hindering or defending against any of these. p. Distribution Of Material In Violation Of Statutes Personal and advertising injury arising direct ly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law or 3 Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmit ting communicating or distribution of mate rial or information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the cover age territory and during the policy peri od b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examina tion at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the ap plicable limit of insurance. We will pay reason able expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical x ray and dental services including prosthetic devic es and 3 Necessary ambulance hospital profes sional nursing and funeral services. CG 00011207 ISO Properties Inc. 2006 Page 7 of 16 a | 1 |
2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occu pies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a work ers compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. f. Products Completed Operations Hazard Included within the products completed opera tions hazard. g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investi gate or settle or any suit against an insured we defend a. All expenses we incur. b. Up to 250 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. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the in sured at our request to assist us in the investi gation or defense of the claim or suit includ ing actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment in terest based on that period of time after the of fer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or depos ited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insur ance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks dam ages for which the insured has assumed the li ability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability as sumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been as sumed by the insured in the same insured contract. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the inter ests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and Cooperate with us with respect to coor dinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b c d Page 8 of 16 ISO Properties Inc. 2006 CG 00011207 a | 1 |
b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attor neys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section I Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litiga tion expenses as Supplementary Payments ends when we have used up the applicable limit of in surance in the payment of judgments or settle ments or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an in sured. Your members your partners and their spouses are also insureds but only with re spect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their du ties as your officers or directors. Your stock holders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their du ties as trustees. 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 em ployees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited li ability company to a coemployee while in the course of his or her em ployment or performing duties related to the conduct of your business or to your other volunteer workers while perform ing duties related to the conduct of your business To the spouse child parent brother or sister of that coemployee or volun teer worker as a consequence of Para graph 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 1a or b above or Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or con trol 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 mem ber if you are a limited liability company. b c d CG 00011207 ISO Properties Inc. 2006 Page 9 of 16 a | 1 |
b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That repre sentative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named In sured if there is no other similar insurance availa ble to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION lll LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re gardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed op erations hazard. 4. Subject to Paragraph 2. above the Personal and Advertising Injury Limit is the most we will pay un der Coverage B for the sum of all damages be cause of all personal and advertising injury sus tained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property dam age arising out of any one occurrence. 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 or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Ex pense Limit is the most we will pay under Cover age C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obliga tions under this Coverage Part. 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 of an occurrence or an offense which may result in a claim. To the extent pos sible 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 Page 10 of 16 ISO Properties Inc. 2006 CG 00011207 a | 1 |
3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim 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 Notify us as soon as practicable. You must see to it that we receive written no tice of the claim or suit as soon as practica ble. c. You and any other involved insured must 1 Immediately send us copies of any de mands notices summonses or legal pa pers 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 en forcement 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.. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the ap plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claim ant s legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obli gations are limited as follows a. Primary Insurance This insurance is primary except when Para graph b. below applies. If this insurance is pri mary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insur ance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii That is Fire insurance for premises rented to you or temporarily occu pied by you with permission of the owner iii That is insurance purchased by you to cover your liability as a tenant for property damage to premises rent ed to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the mainte nance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section Coverage A Bodily Injury And Property Dam age Liability. b Any other primary insurance available to you covering liability for damages aris ing out of the premises or operations or the products and completed operations for which you have been added as an additional insured by attachment of an endorsement. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer de fends we will undertake to do so but we will be entitted to the insured s rights against all those other insurers. CG 00011207 ISO Properties Inc. 2006 Page 11 of 16 a | 1 |
3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other in surance. 4 We will share the remaining loss if any with any other insurance that is not de scribed in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method al s0. Under this approach each insurer contrib utes equal amounts until it has paid its applica ble limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable lim it of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Cover age Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad vance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computa tion and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accu rate and complete b. Those statements are based upon representa tions you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this in surance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The in sured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi ration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific mar ket segments about your goods products or ser vices for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or ser vices for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer de signed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a com pulsory or financial responsibility law or other motor vehicle insurance law in the state where itis licensed or principally garaged. However auto does not include mobile equip ment. Page 12 of 16 ISO Properties Inc. 2006 CG 00011207 a | 1 |
. Bodily injury means bodily injury sickness or disease sustained by a person including death re sulting from any of these at any time.. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or dam age arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or simi lar electronic means of communication provided the insured s responsibility to pay dam ages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to.. Employee includes a leased worker. Employ ee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter con stitution by laws or any other similar governing document.. Hostile fire means one which becomes uncon trollable or breaks out from where it was intended to be.. lmpaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective defi cient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the re pair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. 2 3 9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of prem ises that indemnifies any person or organiza tion for damage by fire to premises while rent ed to you or temporarily occupied by you with permission of the owner is not an insured con tract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition op erations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an in demnification 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. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of con struction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to pre pare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifi cations or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the in sured s rendering or failure to render pro fessional services including those listed in 2 above and supervisory inspection ar chitectural or engineering activities. 2 CG 00011207 ISO Properties Inc. 2006 Page 13 of 16 a | 1 |
10.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. 11.Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft water craft or auto to the place where it is finally de livered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not at tached to the aircraft watercraft or auto. 12.Mobile equipment means any of the following types of land vehicles including any attached ma chinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not main tained primarily to provide mobility to perma nently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to per manently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building clean ing geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or car go. However self propelled vehicles with the fol lowing types of permanently attached equip ment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building clean ing geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehi cle insurance law in the state 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 au tos. 13.Occurrence means an accident including con tinuous or repeated exposure to substantially the same general harmful conditions. 14.Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person oc cupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or or ganization or disparages a person s or organi zation s goods products or services e. Oral or written publication in any manner of material that violates a person s right of priva cy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. Page 14 of 16 ISO Properties Inc. 2006 CG 00011207 a | 1 |
15.Pollutants mean 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. 16.Products completed operations hazard a. Includes all bodily injury and property dam age occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical pos session or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the fol lowing times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your con tract calls for work at more than one job site. 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. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equip ment or abandoned or unused materials or 3 Products or operations for which the classi fication listed in the Declarations or in a policy schedule states that products completed operations are subject to the General Aggregate Limit. 17.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or c b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occur rence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from com puter software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this in surance applies are alleged. Suit includes a. An arbitration proceeding in which such dam ages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution pro ceeding in which such damages are claimed and to which the insured submits with our con sent. 19.Temporary worker means a person who is fur nished to you to substitute for a permanent em ployee on leave or to meet seasonal or short term workload conditions. 20.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product a. Means 1 Any goods or products other than real property manufactured sold handled dis tributed or disposed of by a You b Others trading under your name or c A person or organization whose busi ness or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality du rability performance or use of your prod uct and CG 00011207 ISO Properties Inc. 2006 Page 15 of 16 a | 1 |
2 The providing of or failure to provide warn ings or instructions. c. Does not include vending machines or other property rented to or located for the use of oth ers but not sold. 22.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality du rability performance or use of your work and 2 The providing of or failure to provide warn ings or instructions. Page 16 of 16 ISO Properties Inc. 2006 CG 00011207 a | 1 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINIMUM POLICY PREMIUM This endorsement modifies and amends insurance provided under the following ALL COVERAGE PARTS This endorsement sets forth the minimum earned premium for the policy. The minimum earned premium for this policy is calculated in accordance with the following 1. The minimum premium for the policy period is 100 of the total policy premium as shown on the policy declarations page plus any premium adjustment by endorsements and any additional premium developed by audit. Audits that indicate a return premium will not reduce the minimum as stated in paragraph 1. If the insured cancels this policy and the policy is not subject to audit the return premium will be 90 of the unearned policy premium however in no event will the Company retain less than 25 of the minimum premium shown in paragraph 1. above. If the insured cancels this policy and the policy is subject to audit the earned premium will be determined by final audit however in no event will it be less than 25 of the minimum premium as described in paragraph 1. above. If the Company cancels the policy for any reason other than for non payment of premium then the insured will be returned the full amount of the unearned premium without any minimum premium restrictions. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2103US 06 07 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE ENDORSEMENT DAMAGES AND EXPENSES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Coverage Amount and Basis of Deductible PER CLAIM or PER OCCURRENCE Bodily Injury Liability OR Property Damage Liability OR Personal Advertising Injury Liability OR Damage To Premises Rented To You OR Medical Payments OR Bodily Injury Liability andor Property Damage Liability andor Personal Advertising Injury Liability andor Damage To Premises Rented To You andor Medical Payments Combined If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. 2500 2500 APPLICATION OF ENDORSEMENT Enter below any limitations on the application of this endorsement. If no limitation is entered the deductibles apply to claims expense and damages for all bodily injury property damage or personal and advertising injury or medical expenses however caused A. Our obligation under the Bodily Injury Liability Property Damage Liability Personal andor Advertising Injury Liability Damage to Premises Rented to You Medical Payments or any other coverages provided by this policy to pay claims expense and damages on your behalf applies only to the amount of claims expense and damages in excess of any deductible amounts stated in the Schedule above as applicable to such coverages. B. We may select a deductible amount on either a per claim or a per occurrence basis. Our selected deductible applies to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the Schedule above. The deductible amount stated in the Schedule above applies as follows MC2105US 10 16 Page 1 0f3 | 2 |
1. PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a per claim basis that deductible applies as follows a b c d e f Under Bodily Injury Liability Coverage to all damages sustained by any one person because of bodily injury including claims expense Under Property Damage Liability Coverage to all damages sustained by any one person because of property damage including claims expense Under Personal Advertising Injury Liability Coverage to all damages sustained by any one person or organization because of personal and advertising injury including claims expense Under Damage To Premises Rented To You Coverage all damages to any one premises while rented to you because of property damage including claims expense Under Medical Payments Coverage to all medical expenses sustained by any one person including claims expense or Under Bodily Injury Liability andor Property Damage Liability andor Personal Advertising Injury Liability andor Damage To Premises Rented To You andor Medical Payments Coverages Combined to all injury damage and medical expenses sustained by any one person or organization including claims expense as the result of any one occurrence offense or accident. If damages are claimed for care loss of services or death resulting at any time from bodily injury a separate deductible amount will be applied to each person making a claim for such damages. With respect to property damage person includes an organization. PER OCCURRENCE BASIS. If the deductible amount indicated in the Schedule above is on a per occurrence basis that deductible amount applies as follows 2. a b c d e f Under Bodily Injury Liability Coverage to all damages because of bodily injury including claims expense Under Property Damage Liability Coverage to all damages because of property damage including claims expense Under Personal Advertising Injury Liability Coverage to all damages because of personal and advertising injury including claims expense Under Damage To Premises Rented To You Coverage all damages to any one premises while rented to you because of property damage including claims expense Under Medical Payments Coverage to all medical expenses because of an accident including claims expense or Under Bodily Injury Liability andor Property Damage Liability andor Personal Advertising Injury Liability andor Damage To Premises Rented To You andor Medical Payments Coverages Combined to all injury damage and medical expenses including claims expense as the result of any one occurrence offense or accident regardless of the number of persons or organizations who sustain damages because of that occurrence offense or accident. The terms of this insurance including those with respect to 1. Our right and duty to defend any suits seeking those damages and 2. Your duties in the event of an occurrence offense claim or suit apply irrespective of the application of the deductible amount. MC2105US 10 16 Page20f3 | 2 |
We may pay any part or all of the deductible amount on your behalf to effect settlement of any claim or suit. This advance payment on your behalf will be invoiced to you and shall be promptly reimbursed to us within 30 days of the invoice date. Failure to reimburse us for deductible amounts paid on your behalf may result in policy cancellation as stated in common policy conditions. Claims expense shall include investigations adjustment and legal expenses interests and fees including court costs and premiums on bonds incurred by us. Claims expense does not include salary charges of regular employees of the Company. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. MC2105US 10 16 Page 30f3 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREMIUM BASE ENDORSEMENT One or more of the following symbols may be entered under the Premium Base column of the Declarations. These symbols designate the base used for determining your premium. The following is a definition of these symbols when used as a premium base. Symbol Definition Area means The total number of square feet of floor space at the insured premises computed as follows For entire buildings by multiplying the product of the horizontal dimensions of the outside of the outer building walls by the number of floors including basements but do not use the area of the following 1. Courts and mezzanine types of floor openings. 2. Portions of basements or floors where 50 or more of the area is used for shop or storage for building maintenance dwelling by building maintenance employees heating units power plants or air conditioning equipment. 3. For tenants determine the area they occupy in the same manner as for the entire buildings. The rates apply per 1000 square feet of area. Total Cost means The total cost of all work let or sublet in connection with each specific project including 1. The cost of all labor materials and equipment furnished used or delivered for use in the execution of the work. 2. All fees bonuses or commissions made paid or due. The rates apply per 1000 of total cost. Admissions means The total number of persons other than employees or the named insured admitted to the event insured or to events conducted on the premises whether on paid admissions tickets complimentary tickets or passes. The rates apply per admission. Payroll means 1. Remuneration which includes money or substitutes for money. 2. Payroll includes a. Commissions bonuses pay for holidays vacations or periods of iliness b. Extra pay for overtime. c. Payments by an employer or amounts otherwise required by law to be paid by employees to statutory insurance or pension plans such as Federal Social Security Act MC2126US 09 13 Page 1 0f 3 | 2 |
Payment to employees on any basis other than time worked such as piece work profit sharing or incentive plans Payment or allowance for hand tools or power tools used by hand provided by employees and used in their work or operations for the insured The rental value of an apartment or a house provided for an employee based on comparable accommodations Value of meals and lodging other than an apartment or house received by employees as part of their pay The value of store certificates merchandise credits or any other substitute for money received by employees as part of their pay The payroll of mobile equipment operators and their helpers whether or not the operators are designated or licensed to operate automobiles. If the operators and their helpers are provided to the insured along with equipment hired under contract and their actual payroll is not known use 13 of the total amount paid out by the insured for the hire of the equipment The payroll of executive officers and individual insureds and co partners Fees paid to employment agencies for temporary personnel provided to the insured 3. Payroll does not include a. b. c. d. Tips and other gratuities received by employees Payments by an employer to group insurance or group pension plans for employees in accordance with the manuals in use by us The value of special rewards for individual invention or discovery Dismissal or severance payments except for time worked or accrued vacation The rates apply per 1000 of payroll. Gross Sales or Receipts means 1. The gross amount charged by the named insured concessionaires of the named insured or by others trading under the insured s name for a. All goods or products sold or distributed b. Operations performed during the policy period c. Rentals and d. Dues or fees. 2. Inclusions The following items shall not be deducted from gross sales a. Foreign exchange discounts b. Freight allowance to customers c. Total sales of consigned goods and warehouse receipts d. Trade or cash discounts e. Bad debts and f. Repossession of items sold on installments amount actually collected. 3. Exclusions The following items shall be deducted from gross sales. Sales or excise taxes which are collected and submitted to a governmental division. Credits for repossessed merchandise and products returned.. Allowances for damaged and spoiled goods. Finance charges for items sold on installments. Freight charges on sales if freight is charged as a separate item on customers invoice and Royalty income from patent rights or copyrights which are not product sales. cooo MC2126US 09 13 Page 2 of 3 | 2 |
The rates apply per 1000 of gross sales. Each means The basis of premium involves units of exposure and the quantity comprising each unit of exposure is indicated in the Declarations such as per acre. The rates apply per unit of exposure. Unit means A single room or group of rooms intended for occupancy as separate living quarters by a family by a group of unrelated persons living together or by a person living alone. The rates apply per each unit. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. MC2126US 09 13 Page 3of 3 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREMIUM AUDIT CONDITIONS AMENDED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS COMPLETED OPERATIONS COVERAGE SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Item 5. Premium Audit is deleted and replaced with the following 5. Premium Audit a. b. We will compute all premiums for this Coverage Part in accordance with our rules and rates. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. We have the right but not the obligation to conduct a physical audit of records needed for premium computation after the expiration of this policy. Your refusal to maintain or provide needed records or to allow us to conduct a physical audit of needed records will result in our developing and calculating a final audit premium based on information available to us without your cooperation. If a final Premium Audit calculated without your cooperation results in additional premium due to us you are obligated to pay such additional premium. Failure to pay any additional premium due resulting from a Premium Audit when due may result in the cancellation of any additional or subsequent policy in effect with the Company at our sole discretion. Any additional or subsequent policy in effect after the term of this policy with the Company shall be subject to adjustment of its rating base based on the Premium Audit at our sole discretion. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP1013US 05 16 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INDEPENDENT CONTRACTORS SPECIAL PROVISIONS SPECIFIED LIMITS This endorsement modifies insurance provided under the following ALL COVERAGE PARTS Coverage provided under this policy for bodily injury personal and advertising injury or property damage caused by acts of uninsured andor underinsured independent contractors andor subcontractors hired by you is subject to the terms and conditions of this endorsement. The total cost including labor and materials of all uninsured underinsured independent contractors and subcontractors under contract during the policy period is subject to audit at the end of the policy and additional premium will be charged. The additional premium charged will be determined by applying a rate of 7.00 per 1000 to the total amount of money paid by you for all labor and materials to uninsured underinsured independent contractors during the policy period. Uninsured andor underinsured independent contractors andor subcontractors are contractors hired by you for whom you can not demonstrate that 1. They have in effect limits of insurance equal to or greater than the limits of insurance shown in the schedule below and SCHEDULE LIMITS OF INSURANCE EACH OCCURRENGE LIMIT 1000000 PERSONAL ADVERTISING INJURY LmIT 1000000 Any one person or organization GENERAL AGGREGATE LIMIT 2000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 2000000 Information required to complete the above Schedule if not shown above will be shown in the Declarations. 2. There is an endorsement or certificate on file indicating that you have been added to the contractor s policy as an additional insured 3. The contracts with the contractors you have hired contain hold harmless agreements indemnifying you against any losses arising from work performed for you or on your behalf by such contractor. Any one person or organization AL AGGREGATE LIMIT CTS COMPLETED ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2033US 03 10 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMON POLICY CONDITIONS All Coverage Parts in this policy are subject to the following Conditions. 1. CANCELLATION AND NON RENEWAL 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 by mailing or delivering to the first Named Insured written notice of cancellation 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. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. Notice of cancellation will state the effective date of cancellation. The policy will end on that date. E. 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 unless cancellation is due to non payment of premium in which case the refund may be less than 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. F. If notice is mailed proof of mailing will be sufficient proof of notice. If we elect not to renew this policy we shall mail written notice to the First Named Insured at the address shown in the Declarations. Such written notice of non renewal shall be mailed at least 30 days prior to the end of the policy term. CHANGES This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If the insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. REPRESENTATIONS By accepting this policy you agree A. The statements in the Declarations are accurate and complete B. Those statements are based upon representations you made to us and C. We have issued this policy in reliance upon your representations. SERVICE OF SUIT It is agreed that in the event of the failure of this Company to pay any amount claimed to be due hereunder this Company will submit to the jurisdiction of any court of competent jurisdiction within the United States of America and will comply with all requirements necessary to give such Court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practice of such Court. It is further agreed that service of process in such suit may be made upon the Company s President or his nominee at the address shown on the Declarations page of this policy and that in any suit instituted against any one of them upon this policy this Company will abide by the final decision of AP2104US 10 12 Page 1 of 2 | 2 |
such Court or of any Appellate Court in the event of an appeal. The above named is authorized and directed to accept service of process on behalf of this Company in any such suit andor upon the request of the insured to give a written undertaking to the insured that it or they will enter a general appearance upon this Company s behalf in the event such a suit shall be instituted. Further pursuant to any statute of any state territory or district of the United States of America which makes provision therefore this Company hereby designates the Superintendent Commissioner or Director of Insurance or other officer specified for that purpose in the statute or his successor or successors in office as their true and lawful attorney upon whom may be served any lawful process in any action suit or proceeding instituted by or on behalf of the insured or any beneficiary hereunder arising out of this contract of insurance and hereby designates the above named as the person to whom the said officer is authorized to mail such process or a true copy thereof. 6. TERMS CONDITIONS AND PREMIUM On each renewal continuation anniversary of the effective date of the policy or on an annual basis the Company will determine the rate and premium andor amend the terms and conditions in accordance with the rates and rules then in effect. 7. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. In Witness Whereof this Company has executed and attested these presents but this policy shall not be valid unless signed by duly authorized representatives of this Company. VICE PRESIDENT AL S T Zotojsii AP2104US 10 12 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BINDING ARBITRATION This endorsement modifies insurance provided under the following ALL COVERAGE PARTS Should we and the insured disagree as to the rights and obligations owed by us under this policy including the effect of any applicable statutes or common law upon the contractual obligations otherwise owed either party may make a written demand that the dispute be subjected to binding arbitration. When such a request is made The American Arbitration Association shall be used with each party selecting an arbitrator from the list of qualified arbitrators for insurance coverage disputes provided by that Association. The two chosen arbitrators shall select a third arbitrator from the same list if they can not agree to a selection The American Arbitration Association shall make the selection for them. Each party shall bear the costs of its arbitrator and shall share equally the costs of the third arbitrator and of the arbitration process. A decision agreed to by two of the arbitrators will be binding. In the event you prevail in the arbitration and we promptly offer to you arbitration costs and reasonable attorney fees incurred in connection therewith in addition to the disputed contract benefit you shall have no right to sue us for breach of implied covenants or unreasonable withholding of contract benefits. To the extent that we prevail in the arbitration the arbitrators may award us any expenses andor damages incurred or paid under reservation of rights in excess of our contract obligations as determined by the arbitrators. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2107US 04 03 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION OF COVERAGE TO DESIGNATED PREMISES OR PROJECT This endorsement modifies insurance provided under the following ALL COVERAGE PARTS SCHEDULE Premises NE 14 Sec 11 Twp 27 S Range 1 East of the Sixth Principal Median Wichita Sedgwick County KS Project Innovative Campus If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. This insurance applies only to bodily injury property damage or personal and advertising injury arising out of 1. The ownership maintenance or use of the premises shown in the Schedule and operations necessary or incidental to those premises or 2. The project shown in the Schedule. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2048US 09 06 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CLASSIFICATION LIMITATION ENDORSEMENT This endorsement modifies insurance provided under the following ALL COVERAGE PARTS The coverage provided by this Policy applies only to those operations specified in the applicationss for insurance on file with the Company and described under the description of operations or classification on the Declarations of this Policy. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2063US 10 10 Page 1 of 1 | 2 |
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