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ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS Contd Physical Damage Coverages Cost Of Hire Rating Basis For All Autos Other Than Mobile or Farm Equipment ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE Excluding Autos Hired With COVERAGE STATE LIMIT OF INSURANCE A Driver PREMIUM ACTUAL CASH VALUE OR COST OF S 50 25 COMPREHENSIVE TN REPAIR WHICHEVER IS LESS MINUS 100 DEDUCTIBLE FOR EACH COVERED AUTO BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING. ACTUAL CASH VALUE OR COST OF SPECIFIED REPAIR WHICHEVER IS LESS MINUS CAUSES DEDUCTIBLE FOR EACH OF LOSS COVERED AUTO FOR LOSS CAUSED BY MISCHIEF OR VANDALISM. ACTUAL CASH VALUE OR COST OF s 50 25 COLLISION TN REPAIR WHICHEVER IS LESS MINUS 250 DEDUCTIBLE FOR EACH COVERED AUTO. TOTAL HIRED AUTO PREMIUM For Physical Damage Coverages cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for any auto that is leased hired rented or borrowed with a driver. IN OLLISION IN U CA D600 C 04 14 Page 9 | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS Contd Physical Damage Coverages Cost Of Hire Rating Basis For All Autos Other Than Mobile or Farm Equipment ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE Excluding Autos Hired With COVERAGE STATE LIMIT OF INSURANCE A Driver PREMIUM ACTUAL CASH VALUE OR COST OF S 50 S 35 COMPREHENSIVE TX REPAIR WHICHEVER IS LESS MINUS 100 DEDUCTIBLE FOR EACH COVERED AUTO BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING. ACTUAL CASH VALUE OR COST OF SPECIFIED REPAIR WHICHEVER IS LESS MINUS CAUSES DEDUCTIBLE FOR EACH OF LOSS COVERED AUTO FOR LOSS CAUSED BY MISCHIEF OR VANDALISM. ACTUAL CASH VALUE OR COST OF s 50 s 35 COLLISION TX REPAIR WHICHEVER IS LESS MINUS 250 DEDUCTIBLE FOR EACH COVERED AUTO. TOTAL HIRED AUTO PREMIUM 120 For Physical Damage Coverages cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for any auto that is leased hired rented or borrowed with a driver. X OLLISION X U CA D600 C 04 14 Page 10 | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS Contd Cost Of Hire Rating Basis For Mobile Or Farm Equipment Other Than Physical Damage Coverages ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE PREMIUM COVERAGE STATE obie Equipment Equipment Equipment Equipment Covered Autos Liability Primary Coverage Covered Autos Liability Excess Coverage Personal Injury Protection Medical Expense Benefits Virginia Only Income Loss Benefits Virginia Only Auto Medical Payments TOTAL HIRED AUTO PREMIUM Cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for services performed by motor carriers of property or passengers. U CA D600 C 04 14 Page 11 | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS Contd Cost Of Hire Rating Basis For Mobile or Farm Equipment Physical Damage Coverages COVERAGE COMPREHENSIVE STATE LIMIT OF INSURANCE ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER IS LESS MINUS DEDUCTIBLE FOR EACH COVERED AUTO BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING. ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE Excluding Autos Hired With A Driver PREMIUM Mobile Farm Equipment Equipment Mobile Farm Equipment Equipment SPECIFIED CAUSES OF LOSS ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER IS LESS MINUS DEDUCTIBLE FOR EACH COVERED AUTO FOR LOSS CAUSED COLLISION ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER IS LESS MINUS DEDUCTIBLE FOR EACH COVERED AUTO. TOTAL HIRED AUTO PREMIUM For Physical Damage Coverages cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for any auto that is leased hired rented or borrowed with a driver. ECIFIED AUSES F LOSS OLLISION U CA D600 C 04 14 Page 12 | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS Contd Rental Period Rating Basis For Mobile Or Farm Equipment Other Than Garage Service Operations And Other Than Social Service Agencies Number Of Employees 82 ESTIMATED NUMBER OF DAYS EQUIPMENT WILL PREMIUM TOWN AND STATE BE RENTED WHERE THE JOB SITE Mobile Farm Mobile Farm COVERAGE IS LOCATED Equipment Equipment Equipment Equipment Covered Autos Liability Primary Coverage Covered Autos Liability Excess Coverage Personal Injury Protection Medical Expense Benefits Virginia Only Income Loss Benefits Virginia Only Auto Medical Payments TOTAL HIRED AUTO PREMIUMS ITEMFIVE SCHEDULE FOR NON OWNERSHIP COVERED AUTOS LIABILITY NAMED INSURED S BUSINESS RATING BASIS NUMBER PREMIUM 1730 Number Of Partners Active and Inactive Garage Service Operations Number Of Employees Whose Principal Duty Involves The Operation Of Autos Number Of Partners Active and Inactive Social Service Agencies Number Of Employees Number Of Volunteers Who Regularly Use Autos To Transport Clients Number Of Partners Active and Inactive TOTAL NON OWNERSHIP COVERED AUTOS LIABILITY PREMUId 1730 U CA D600 C 04 14 Page 13 | 2 |
ITEM SIX SCHEDULE FOR GROSS RECEIPTS OR MILEAGE BASIS Type Of Risk Check one Public Autos Leasing Or Rental Concerns Rating Basis Check one Gross Receipts Per 100 Mileage Per Mile Estimated Yearly Check One Gross Receipts Per 100 Mileage Premiums Covered Autos Liability Personal Injury Protection Added Personal Injury Protection Property Protection Insurance Michigan Only Auto Medical Payments Medical Expense And Income Loss Benefits Virginia Only Comprehensive Specified Causes Of Loss Collision Towing And Labor When used as a premium basis FOR PUBLIC AUTOS Gross receipts means the total amount earned by the named insured for transporting passengers mail and merchandise. Gross receipts does not include 1. Amounts paid to air sea or land carriers operating under their own permits. 2. Advertising revenue. 3. Taxes collected as a separate item and paid directly to the government. 4. C.0.D. collections for cost of mail or merchandise including collection fees. Mileage means the total live and dead mileage of all revenue producing autos during the policy period. FOR RENTAL OR LEASING CONCERNS Gross receipts means the total amount earned by the named insured for the leasing or renting of autos to others without drivers. Mileage means the total live and dead mileage of all autos you leased or rented to others without drivers. U CA D600 C 04 14 Page 14 | 2 |
COMMERCIAL AUTO CA00011013 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. SECTION COVERED AUTOS Read the entire policy carefully to determine rights ltem Two of the Declarations shows the autos that duties and what is and is not covered. are covered autos for each of your coverages. The Throughout this policy the words you and your following numerical symbols describe the autos that refer to the Named Insured shown in the Declarations. may be covered autos. The symbols entered next to The words we us and our refer to the company a coverage on the Declarations designate the only providing this insurance. autos that are covered autos. Other words and phrases that appear in quotation A. Description Of Covered Auto Designation marks have special meaning. Refer to Section V Symbols Definitions. Symbol Description Of Covered Auto Designation Symbols 1 Any Auto 2 Owned Autos Only those autos you own and for Covered Autos Liability Coverage any Only trailers you do nt own while attached to power units you own. This includes those autos you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger autos you own. This includes those private Passenger passenger autos you acquire ownership of after the policy begins. Autos Only 4 Owned Only those autos you own that are not of the private passenger type and for Autos Other Covered Autos Liability Coverage any trailers you do nt own while attached to Than Private power units you own. This includes those autos not of the private passenger Passenger type you acquire ownership of after the policy begins. Autos Only 5 Owned Autos Only those autos you own that are required to have no fault benefits in the state Subject To where they are licensed or principally garaged. This includes those autos you No fault acquire ownership of after the policy begins provided they are required to have no fault benefits in the state where they are licensed or principally garaged. 6 Owned Autos Only those autos you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and can not reject Uninsured Compulsory Motorists Coverage. This includes those autos you acquire ownership of after the Uninsured policy begins provided they are subject to the same state uninsured motorists Motorists Law requirement. 7 Specifically Only those autos described in Item Three of the Declarations for which a Described premium charge is shown and for Covered Autos Liability Coverage any trailers Autos you do nt own while attached to any power unit described in Item Three. 8 Hired Autos Only those autos you lease hire rent or borrow. This does not include any auto Only you lease hire rent or borrow from any of your employees partners if you are a partnership members if you are a limited liability company or members of their households. 9 Non owned Only those autos you do not own lease hire rent or borrow that are used in Autos Only connection with your business. This includes autos owned by your employees partners if you are a partnership members if you are a limited liability company or members of their households but only while used in your business or your personal affairs. utos Oniy CA00011013 Insurance Services Office Inc. 2011 Page 1 of 12 | 2 |
19 Mobile Equipment Subject To Compulsory Or Financial Responsibility Or Other Motor Vehicle Insurance Law Only Only those autos that are land vehicles and that would qualify under the definition of mobile equipment under this policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are licensed or principally garaged. B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1 2 3 4 5 6 or 19 are entered next to a coverage in Item Two of the Declarations then you have coverage for autos that you acquire of the type described for the remainder of the policy period. 2. But if Symbol 7 is entered next to a coverage in Item Two of the Declarations an auto you acquire will be a covered auto for that coverage only if a. We already cover all autos that you own for that coverage or it replaces an auto you previously owned that had that coverage and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. C. Certain Trailers Mobile Equipment And Temporary Substitute Autos If Covered Autos Liability Coverage is provided by this Coverage Form the following types of vehicles are also covered autos for Covered Autos Liability Coverage 1. Trailers with a load capacity of 2000 pounds or less designed primarily for travel on public roads. 2. Mobile equipment while being carried or towed by a covered auto. 3. Any auto you do not own while used with the permission of its owner as a temporary substitute for a covered auto you own that is out of service because of its a. Breakdown. Repair. Servicing. Loss or. Destruction. o oo00 SECTION Il COVERED AUTOS LIABILITY COVERAGE A. Coverage We will pay all sums an insured legally must pay as damages because of bodily injury or property damage to which this insurance applies caused by an accident and resulting from the ownership maintenance or use of a covered auto. We will also pay all sums an insured legally must pay as a covered pollution cost or expense to which this insurance applies caused by an accident and resulting from the ownership maintenance or use of covered autos. However we will only pay for the covered pollution cost or expense if there is either bodily injury or property damage to which this insurance applies that is caused by the same accident. We have the right and duty to defend any insured against a suit asking for such damages or a covered pollution cost or expense. However we have no duty to defend any insured against a suit seeking damages for bodily injury or property damage or a covered pollution cost or expense to which this insurance does not apply. We may investigate and settle any claim or suit as we consider appropriate. Our duty to defend or settle ends when the Covered Autos Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are insureds a. You for any covered auto. b. Anyone else while using with your permission a covered auto you own hire or borrow except 1 The owner or anyone else from whom you hire or borrow a covered auto. This exception does not apply if the covered auto is a trailer connected to a covered auto you own. Page 2 of 12 Insurance Services Office Inc. 2011 CA00011013 | 2 |
2 Your employee if the covered auto is owned by that employee or a member of his or her household. 3 Someone using a covered auto while he or she is working in a business of selling servicing repairing parking or storing autos unless that business is yours. Anyone other than your employees partners if you are a partnership members if you are a limited liability company or a lessee or borrower or any of their employees while moving property to or from a covered auto. A partner if you are a partnership or a member if you are a limited liability company for a covered auto owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an insured described above but only to the extent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the insured 1 All expenses we incur. 2 Up to 2000 for cost of bail bonds including bonds for related traffic law violations required because of an accident we cover. We do not have to furnish these bonds. The cost of bonds to release attachments in any suit against the insured we defend but only for bond amounts within our Limit of Insurance. All reasonable expenses incurred by the insured at our request including actual loss of earnings up to 250 a day because of time off from work. All court costs taxed against the insured in any suit against the insured we defend. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. All interest on the full amount of any judgment that accrues after entry of the judgment in any suit against the insured we defend but our duty to pay interest ends when we have paid offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. 4 5 3 4 5 6 These payments will not reduce the Limit of Insurance. b. Out of state Coverage Extensions While a covered auto is away from the state where it is licensed we will 1 Increase the Limit of Insurance for Covered Autos Liability Coverage to meet the limits specified by a compulsory or financial responsibility law of the jurisdiction where the covered auto is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or property. Provide the minimum amounts and types of other coverages such as no fault required of out of state vehicles by the jurisdiction where the covered auto is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the following 1. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. 2. Contractual Liability assumed under any contract or agreement. But this exclusion does not apply to liability for damages a. Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement or b. That the insured would have in the absence of the contract or agreement. 3. Workers Compensation Any obligation for which the insured or the insured s insurer may be held liable under any workers compensation disability benefits or unemployment compensation law or any similar law. 2 CA00011013 Insurance Services Office Inc. 2011 Page 3 of 12 | 2 |
4. Employee Indemnification And Employer s Liabi Bodily injury to a. An employee of the insured arising out of and in the course of 1 Employment by the insured or 2 Performing the duties related to the conduct of the insured s business or b. The spouse child parent brother or sister of that employee as a consequence of Paragraph a. above. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to bodily injury to domestic employees not entitied to workers compensation benefits or to liability assumed by the insured under an insured contract. For the purposes of the Coverage Form a domestic employee is a person engaged in household or domestic work performed principally in connection with a residence premises. 5. Fellow Employee Bodily injury to a. Any fellow employee of the insured arising out of and in the course of the fellow employee s employment or while performing duties related to the conduct of your business or b. The spouse child parent brother or sister of that fellow employee as a consequence of Paragraph a. above. 6. Care Custody Or Control Property damage to or covered pollution cost or expense involving property owned or transported by the insured or in the insured s care custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. Handling Of Property Bodily injury or property damage resulting from the handling of property a. Before it is moved from the place where it is accepted by the insured for movement into or onto the covered auto or b. After it is moved from the covered auto to the place where it is finally delivered by the insured. 8. Movement Of Property By Mechanical Device Bodily injury or property damage resulting from the movement of property by a mechanical device other than a hand truck unless the device is attached to the covered auto. 9. Operations Bodily injury or property damage arising out of the operation of a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definiton of mobile equipment or b. Machinery or equipment that is on attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 10. Completed Operations Bodily injury or property damage arising out of your work after that work has been completed or abandoned. In this exclusion your work means a. Work or operations performed by you or on your behalf and b. Materials parts or equipment furnished in connection with such work or operations. Your work includes warranties or representations made at any time with respect to the fitness quality durability or performance of any of the items included in Paragraph a. or b. above. Your work will be deemed completed at the earliest of the following times 1 When all of the work called for in your contract has been completed 2 When all of the work to be done at the site has been completed if your contract calls for work at more than one site or When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. 3 Page 4 of 12 Insurance Services Office Inc. 2011 CA00011013 | 2 |
11 Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. Pollution Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a. That are or that are contained in any property that is 1 Being transported or towed by handled or handled for movement into onto or from the covered auto 2 Otherwise in the course of transit by or on behalf of the insured or 3 Being stored disposed of treated or processed in or upon the covered auto b. Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto the covered auto or c. After the pollutants or any property in which the pollutants are contained are moved from the covered auto to the place where they are finally delivered disposed of or abandoned by the insured. Paragraph a. above does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of the covered auto or its parts if 1 The pollutants escape seep migrate or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and The bodily injury property damage or covered pollution cost or expense does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of mobile equipment. 2 Paragraphs b. and c. above of this exclusion do not apply to accidents that occur away from premises owned by or rented to an insured with respect to pollutants not in or upon a covered auto if a The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered auto and b The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. 12. War Bodily injury or property damage arising directly or indirectly out of a. War including undeclared or civil war b. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. 13. Racing Covered autos while used in any professional or organized racing or demolition contest or stunting activity or while practicing for such contest or activity. This insurance also does not apply while that covered auto is being prepared for such a contest or activity. C. Limit Of Insurance Regardless of the number of covered autos insureds premiums paid claims made or vehicles involved in the accident the most we will pay for the total of all damages and covered pollution cost or expense combined resulting from any one accident is the Limit Of Insurance for Covered Autos Liability Coverage shown in the Declarations. CA00011013 Insurance Services Office Inc. 2011 Page 5 of 12 | 2 |
All bodily injury property damage and covered pollution cost or expense resulting from continuous or repeated exposure to substantially the same conditions will be considered as resulting from one accident. No one will be entitled to receive duplicate payments for the same elements of loss under this Coverage Form and any Medical Payments Coverage endorsement Uninsured Motorists Coverage endorsement or Underinsured Motorists Coverage endorsement attached to this Coverage Part. SECTION lll PHYSICAL DAMAGE COVERAGE A. Coverage 1. We will pay for loss to a covered auto or its equipment under a. Comprehensive Coverage From any cause except 1 The covered auto s collision with another object or 2 The covered auto s overturn. b. Specified Causes Of Loss Coverage Caused by 1 Fire lightning or explosion 2 Theft 3 Windstorm hail or earthquake 4 Flood 5 Mischief or vandalism or 6 The sinking burning collision or derailment of any conveyance transporting the covered auto. c. Collision Coverage Caused by 1 The covered auto s collision with another object or 2 The covered auto s overturn. 2. Towing We will pay up to the limit shown in the Declarations for towing and labor costs incurred each time a covered auto of the private passenger type is disabled. However the labor must be performed at the place of disablement. 3. Glass Breakage Hitting A Bird Or Animal Falling Objects Or Missiles If you carry Comprehensive Coverage for the damaged covered auto we will pay for the following under Comprehensive Coverage a. Glass breakage b. Loss caused by hitting a bird or animal and c. Loss caused by falling objects or missiles. However you have the option of having glass breakage caused by a covered auto s collision or overturn considered a loss under Collision Coverage. 4. Coverage Extensions a. Transportation Expenses We will pay up to 20 per day to a maximum of 600 for temporary transportation expense incurred by you because of the total theft of a covered auto of the private passenger type. We will pay only for those covered autos for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending regardless of the policy s expiration when the covered auto is returned to use or we pay for its loss. b. Loss Of Use Expenses For Hired Auto Physical Damage we will pay expenses for which an insured becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by 1 Other than collision only if the Declarations indicates that Comprehensive Coverage is provided for any covered auto 2 Specified Causes Of Loss only if the Declarations indicates that Specified Causes Of Loss Coverage is provided for any covered auto or Page 6 of 12 Insurance Services Office Inc. 2011 CA00011013 | 2 |
3 Collision only if the Declarations indicates that Collision Coverage is provided for any covered auto. However the most we will pay for any expenses for loss of use is 20 per day to a maximum of 600. B. Exclusions 1. We will not pay for loss caused by or resulting from any of the following. Such loss is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. a. Nuclear Hazard 1 The explosion of any weapon employing atomic fission or fusion or 2 Nuclear reaction or radiation or radioactive contamination however caused. b. War Or ary Action 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. 2. We will not pay for loss to any covered auto while used in any professional or organized racing or demolition contest or stunting activity or while practicing for such contest or activity. We will also not pay for loss to any covered auto while that covered auto is being prepared for such a contest or activity. 3. We will not pay for loss due and confined to a. Wear and tear freezing mechanical or electrical breakdown. b. Blowouts punctures or other road damage to tires. This exclusion does not apply to such loss resulting from the total theft of a covered auto. 4. We will not pay for loss to any of the following a. Tapes records discs or other similar audio visual or data electronic devices designed for use with audio visual or data electronic equipment. 3 b. Any device designed or used to detect speed measuring equipment such as radar or laser detectors and any jamming apparatus intended to elude or disrupt speed measuring equipment. c. Any electronic equipment without regard to whether this equipment is permanently installed that reproduces receives or transmits audio visual or data signals. d. Any accessories used with the electronic equipment described in Paragraph c. above. 5. Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the auto s electrical system that at the time of loss is a. Permanently installed in or upon the covered auto b. Removable from a housing unit which is permanently installed in or upon the covered auto c. An integral part of the same unit housing any electronic equipment described in Paragraphs a. and b. above or d. Necessary for the normal operation of the covered auto or the monitoring of the covered auto s operating system. 6. We will not pay for loss to a covered auto due to diminution in value. C. Limits Of Insurance 1. The most we will pay for a. Loss to any one covered auto is the lesser of 1 The actual cash value of the damaged or stolen property as of the time of the loss or 2 The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. b. All electronic equipment that reproduces receives or transmits audio visual or data signals in any one loss is 1000 if at the time of loss such electronic equipment is 1 Permanently installed in or upon the covered auto in a housing opening or other location that is not normally used by the auto manufacturer for the installation of such equipment CA00011013 Insurance Services Office Inc. 2011 Page 7 of 12 | 2 |
2 Removable from a permanently installed housing unit as described in Paragraph b.1 above or 3 An integral part of such equipment as described in Paragraphs b.1 and b.2 above. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total loss. 3. If a repair or replacement results in better than like kind or quality we will not pay for the amount of the betterment. D. Deductible For each covered auto our obligation to pay for repair return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to loss caused by fire or lightning. SECTION IV BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions A. Loss Conditions 1. Appraisal For Physical Damage Loss If you and we disagree on the amount of loss either may demand an appraisal of the loss. In this event each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The appraisers will state separately the actual cash value and amount of loss. If they fail to agree they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will a. Pay its chosen appraiser and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal we will still retain our right to deny the claim. 2. Duties In The Event Of Accident Claim Suit Or Loss We have no duty to provide coverage under this policy unless there has been full compliance with the following duties a. In the event of accident claim suit or loss you must give us or our authorized representative prompt notice of the accident or loss. Include 1 How when and where the accident or loss occurred 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 2 3 4 5 payment or incur no expense without our consent except at the insured s own cost. Immediately send us copies of any request demand order notice summons or legal paper received concerning the claim or suit. Cooperate with us in the investigation or settlement of the claim or defense against the suit. Authorize us to obtain medical records or other pertinent information. Submit to examination at our expense by physicians of our choice as often as we reasonably require. c. If there is loss to a covered auto or its equipment you must also do the following 1 Promptly notify the police if the covered auto or any of its equipment is stolen. 2 Take all reasonable steps to protect the 3 4 covered auto from further damage. Also keep a record of your expenses for consideration in the settlement of the claim. Permit us to inspect the covered auto and records proving the loss before its repair or disposition. Agree to examinations under oath at our request and give us a signed statement of your answers. 3. Legal Action Against Us No one may bring a legal action against us under this Coverage Form until a. There has been full compliance with all the terms of this Coverage Form and Under Covered Autos Liability Coverage we agree in writing that the insured has an obligation to pay or until the amount of that obligation has finally been determined by judgment after trial. No one has the right under this policy to bring us into an action to determine the insured s liability. b. Page 8 of 12 Insurance Services Office Inc. 2011 CA00011013 | 2 |
4. Loss Payment Physical Damage Coverages At our option we may a. Pay for repair or replace damaged or stolen property b. Return the stolen property at our expense. We will pay for any damage that results to the auto from the theft or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the loss our payment will include the applicable sales tax for the damaged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after accident or loss to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the insured or the insured s estate will not relieve us of any obligations under this Coverage Form. 2. Concealment Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other insured at any time intentionally conceals or misrepresents a material fact concerning a. This Coverage Form b. The covered auto c. Your interest in the covered auto or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge your policy will automatically provide the additional coverage as of the day the revision is effective in your state. 4. No Benefit To Bailee Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding storing or transporting property for a fee regardless of any other provision of this Coverage Form. CA00011013 Insurance Servic 5. Other Insurance a. For any covered auto you own this Coverage Form provides primary insurance. For any covered auto you do nt own the insurance provided by this Coverage Form is excess over any other collectible insurance. However while a covered auto which is a trailer is connected to another vehicle the Covered Autos Liability Coverage this Coverage Form provides for the trailer is 1 Excess while it is connected to a motor vehicle you do not own or 2 Primary while it is connected to a covered auto you own. b. For Hired Auto Physical Damage Coverage any covered auto you lease hire rent or borrow is deemed to be a covered auto you own. However any auto that is leased hired rented or borrowed with a driver is not a covered auto. c. Regardless of the provisions of Paragraph a. above this Coverage Form s Covered Autos Liability Coverage is primary for any liability assumed under an insured contract. d. When this Coverage Form and any other Coverage Form or policy covers on the same basis either excess or primary we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance if any. The due date for the final premium or retrospective premium is the date shown as the due date on the bill. If the estimated total premium exceeds the final premium due the first Named Insured will get a refund. b. If this policy is issued for more than one year the premium for this Coverage Form will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. Insurance Services Office Inc. 2011 Page 9 of 12 | 2 |
7. Policy Period Coverage Territory Under this Coverage Form we cover accidents and losses occurring a. During the policy period shown in the Declarations and b. Within the coverage territory. The coverage territory is 1 The United States of America 2 The territories and possessions of the United States of America 3 Puerto Rico 4 Canada and 5 Anywhere in the world if a covered auto of the private passenger type is leased hired rented or borrowed without a driver for a period of 30 days or less provided that the insured s responsibility to pay damages is determined in a suit on the merits in the United States of America the territories and possessions of the United States of America Puerto Rico or Canada or in a settlement we agree to. We also cover loss to or accidents involving a covered auto while being transported between any of these places. 8. Two Or More Coverage Forms Or Policies Issued By Us If this Coverage Form and any other Coverage Form or policy issued to you by us or any company affiliated with us applies to the same accident the aggregate maximum Limit of Insurance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifically to apply as excess insurance over this Coverage Form. SECTION V DEFINITIONS A. Accident includes continuous or repeated exposure to the same conditions resulting in bodily injury or property damage.. Auto means 1. A land motor vehicle trailer or semitrailer designed for travel on public roads or 2. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment.. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these.. Covered pollution cost or expense means any cost or expense arising out of 1. Any request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2. Any claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Covered pollution cost or expense does not include any cost or expense arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a. That are or that are contained in any property that is 1 Being transported or towed by handled or handled for movement into onto or from the covered auto 2 Otherwise in the course of transit by or on behalf of the insured or 3 Being stored disposed of treated or processed in or upon the covered auto b. Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto the covered auto or c. After the pollutants or any property in which the pollutants are contained are moved from the covered auto to the place where they are finally delivered disposed of or abandoned by the insured. Page 10 of 12 Insurance Services Office Inc. 2011 CA00011013 | 2 |
Paragraph a. above does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of the covered auto or its parts if 1 The pollutants escape seep migrate or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and The bodily injury property damage or covered pollution cost or expense does not arise out of the operation of any equipment listed in Paragraph 6.b. or 6.c. of the definition of mobile equipment. Paragraphs b. and c. above do not apply to accidents that occur away from premises owned by or rented to an insured with respect to pollutants not in or upon a covered auto if 2 a The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered auto and b The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. Diminution in value means the actual or perceived loss in market value or resale value which results from a direct and accidental loss.. Employee includes a leased worker. Employee does not include a temporary worker.. Insured means any person or organization qualifying as an insured in the Who Is An Insured provision of the applicable coverage. Except with respect to the Limit of Insurance the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or suit is brought.. Insured contract means 1. Alease of premises 2. A sidetrack agreement 3. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad 4. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality 5. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another to pay for bodily injury or property damage to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement or 6. That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or any of your employees of any auto. However such contract or agreement shall not be considered an insured contract to the extent that it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees. An insured contract does not include that part of any contract or agreement a. That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks roadbeds tunnel underpass or crossing b. That pertains to the loan lease or rental of an auto to you or any of your employees if the auto is loaned leased or rented with a driver or c. That holds a person or organization engaged in the business of transporting property by auto for hire harmless for your use of a covered auto over a route or territory that person or organization is authorized to serve by public authority. I. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker.. Loss means direct and accidental loss or damage. K. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment 1. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads 2. Vehicles maintained for use solely on or next to premises you own or rent 3. Vehicles that travel on crawler treads CA00011013 Insurance Services Office Inc. 2011 Page 11 of 12 | 2 |
4. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted a. Power cranes shovels loaders diggers or drills or b. Road construction or resurfacing equipment such as graders scrapers or rollers 5. Vehicles not described in Paragraph 1. 2. 3. or 4. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types a. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or b. Cherry pickers and similar devices used to raise or lower workers or 6. Vehicles not described in Paragraph 1. 2. 3. or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos a. Equipment designed primarily for 1 Snow removal 2 Road maintenance but not construction or resurfacing or 3 Street cleaning b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and c. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting or well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos.. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed.. Property damage means damage to or loss of use of tangible property.. Suit means a civil proceeding in which 1. Damages because of bodily injury or property damage or 2. Acovered pollution cost or expense to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages or covered pollution costs or expenses are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages or covered pollution costs or expenses are claimed and to which the insured submits with our consent.. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions.. Trailer includes semitrailer. Page 12 of 12 Insurance Services Office Inc. 2011 CA00011013 | 2 |
COMMERCIAL AUTO CA01120114 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES IN BUSINESS AUTO BUSINESS AUTO PHYSICAL DAMAGE MOTOR CARRIER AND TRUCKERS COVERAGE FORMS For a covered auto licensed or principally garaged in New York this endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the coverage form apply unless modified by the endorsement. A. Changes In Liability Coverage 4. Exclusions is changed as follows 1. Who Is An Insured does not include anyone loading or unloading a covered auto except you your employees a lessee or borrower or any of their employees. 2. Supplementary Payments is amended as follows a. Paragraph 5 is replaced by the following 5 All costs taxed against the insured in any suit against the insured we defend. b. The following paragraphs are added 7 All expenses incurred by an insured for first aid to others at the time of an accident. 8 The cost of appeal bonds. 3. Paragraph b. Out of state Coverage Extensions in the Business Auto Motor Carrier and Truckers Coverage Forms is replaced by the following While a covered auto is used or operated in any other state or Canadian province we will provide at least the minimum amount and kind of coverage which is required in such cases under the laws of such jurisdiction. a. The Employee Indemnification And Employer s Liability Exclusion is replaced by the following This insurance does not apply to Bodily injury to an employee of the insured arising out of and in the course of 1 Employment by the insured or 2 Performing the duties related to the conduct of the insured s business. But this exclusion does not apply to bodily injury to domestic employees not entitled to workers compensation benefits or to liability assumed by the insured under an insured contract. For the purposes of the coverage form a domestic employee is a person engaged in household or domestic work performed principally in connection with a residence premises. b. The Fellow Employee Exclusion is replaced by the following This insurance does not apply to Bodily injury to any fellow employee of the insured arising out of and in the course of the fellow employee s employment or while performing duties 4. Exclusions is changed as follows a. The Employee Indemnification And Employer s Liability Exclusion is replaced by the following This insurance does not apply to Bodily injury to an employee of the insured arising out of and in the course of 1 Employment by the insured or 2 Performing the duties related to the conduct of the insured s business. But this exclusion does not apply to bodily injury to domestic employees not entitled to workers compensation benefits or to liability assumed by the insured under an insured contract. For the purposes of the coverage form a domestic employee is a person engaged in household or domestic work performed principally in connection with a residence premises. b. The Fellow Employee Exclusion is replaced by the following This insurance does not apply to Bodily injury to any fellow employee of the insured arising out of and in the course of the fellow employee s employment or while performing duties related to the conduct of your business. CA01120114 Insurance Services Office Inc. 2013 Page 10f 7 | 2 |
However this exclusion only applies if the fellow employee is entitled to benefits under any of the following workers compensation unemployment compensation or disability benefits law or any similar law. c. The Handling Of Property Exclusion does not apply. d. The Movement Of Property By Mechanical Device Exclusion does not apply. e. The Operations Exclusion does not apply. f. The Completed Operations Exclusion does not apply. g. The Pollution Exclusion does not apply. h. The War Exclusion is replaced by the following Bodily injury or property damage caused by war whether or not declared civil war insurrection rebellion or revolution or any act or condition incident to any of the foregoing. i. The Racing Exclusion does not apply. j. The following exclusion is added Spousal Liability Bodily injury to or property damage of the spouse of an insured. However we will pay all sums an insured legally must pay if named as a third party defendant in a legal action commenced by his or her spouse against another party.. If the Limit Of Insurance shown in the Declarations is equal to or greater than 160000 the Limit Of Insurance Provision is changed by the following Limit of Insurance applies except that we will apply the Limit Of Insurance shown in the Declarations to first provide the separate limits required by the New York Motor Vehicle Safety Responsibility Act for a. Bodily injury not resulting in death of any one person caused by any one accident b. Bodily injury not resulting in death of two or more persons caused by any one accident c. Bodily injury resulting in death of any one person caused by any one accident d. Bodily injury resulting in death of two or more persons caused by any one accident or e. Property damage in any one accident. This provision will not change our total Limit of Insurance.. If the Limit Of Insurance shown in the Declarations is less than 160000 the Limit Of Insurance Provision is replaced by the following Regardless of the number of covered autos insureds premiums paid claims made or vehicles involved in the accident the most we will pay for the total of all damages and covered pollution cost or expense combined resulting from any one accident is the Limit Of Insurance for Liability Coverage shown in the Declarations except for those damages for bodily injury resulting in death. We will apply the Limit Of Insurance shown in the Declarations to first provide the separate limits required by the New York Motor Vehicle Safety Responsibility Act as follows a. Bodily injury not resulting in death of any one person caused by any one accident b. Bodily injury not resulting in death of two or more persons caused by any one accident or c. Property damage in any one accident. This provision will not change our total Limit of Insurance. Al bodily injury and property damage resulting from continuous or repeated exposure to substantially the same conditions will be considered as resulting from one accident. In addition our Limit of Insurance for bodily injury resulting in death is as follows a. Up to 50000 for bodily injury resulting in death of any one person caused by any one accident and b. Up to 100000 for bodily injury resulting in death of two or more persons caused by any one accident subject to a 50000 maximum for any one person. If the Limit Of Insurance shown in the Declarations is not exhausted by payment of damages for a. Bodily injury not resulting in death b. Property damage or c. Covered pollution cost or expense any remaining amounts will be used to pay damages for bodily injury resulting in death to the extent the Limit Of Insurance shown in the Declarations is not increased. Page 2 of 7 Insurance Services Office Inc. 2013 CA01120114 | 2 |
7. If forming part of the policy the Nuclear Energy Liability Exclusion Broad Form Endorsement does not apply to the Commercial Auto Coverage Part. B. Changes In Physical Damage Coverage 1. The War Or Military Action Exclusion is replaced by the following War whether or not declared civil war insurrection rebellion or revolution or any act or condition incident to any of the foregoing. 2. Deductible is replaced by the following For each covered auto our obligation to pay for return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. 3. The following are added to Physical Damage Coverage The following provisions apply in place of any conflicting policy provisions a. Mandatory Inspection For Physical Damage Coverage 1 We have the right to inspect any private passenger auto including a non owned auto insured or intended to be insured under this Coverage Part before physical damage coverage shall be effective except to the extent that this right is prescribed and limited by New York State Department of Financial Services Insurance Regulation No. 79 11 NYCRR 67. During the term of the Coverage Part coverage for an additional or replacement private passenger auto shall not become effective until you notify us and request coverage for the auto. However if you replace a private passenger auto insured with us for at least 12 months before the replacement date we will provide the same coverage which applied to the replaced auto for three days beginning on the date you acquire the replacement auto. We will also provide an additional day of coverage for each Saturday Sunday or legal holiday falling within the three days. After three days coverage will not apply until you notify us and request coverage for the auto. When an inspection is required by us you must cooperate and make the auto available for the inspection. 2 3 b. Auto Repairs Under Physical Damage Coverage Payment of a physical damage loss shall not be conditioned upon the repair of the auto. We may not require that repairs be made by a particular repair shop or concern. However we shall be entitled to the following 1 A completed Certification of Automobile Repairs as prescribed by the New York State Department of Financial Services 2 If the auto is repaired an itemized repair invoice prepared by the auto repairer and 3 An inspection of the auto whether or not the auto is repaired. c. Recovery Of Stolen Or Abandoned Autos If a private passenger auto insured under this Coverage Part for physical damage coverage is stolen or abandoned we or our authorized representative shall when notified of the location of the auto have the right to take custody of the auto for safekeeping. C. Changes In Conditions 1. Paragraphs a. and b.2 of the Duties In The Event Of Accident Claim Suit Or Loss Condition in the Business Auto Motor Carrier and Truckers Coverage Forms are replaced by the following We have no duty to provide coverage under this policy if the failure to comply with the following duties is prejudicial to us a. In the event of accident claim suit or loss you or someone on your behalf must give us or our authorized representative notice as soon as reasonably possible of the accident or loss. 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. Written notice by or on behalf of the injured person or any other claimant to our authorized representative shall be deemed notice to us. CA01120114 Insurance Services Office Inc. 2013 Page 3of 7 | 2 |
b. Additionally you and any other involved insured must 2 Send us copies of any request demand order notice summons or legal paper received concerning the claim or suit as soon as reasonably possible. Paragraph a. of the Duties In The Event Of Loss Condition in the Business Auto Physical Damage Coverage Form is replaced by the following We have no duty to provide coverage under this policy if the failure to comply with the following duties is prejudicial to us a. In the event of loss you must give us notice as soon as reasonably possible of the loss. Include 1 How when and where the loss occurred and 2 To the extent possible the names and addresses of any injured persons and witnesses. The Legal Action Against Us Condition in the Business Auto Truckers and Motor Carrier Coverage Forms is replaced by the following a. Except as provided in Paragraph b. no one may bring a legal action against us until 1 There has been full compliance with all of the terms of the coverage form and Under Liability Coverage we by written agreement with the insured and the claimant agree that the insured has an obligation to pay or until the amount of that obligaton has finally been determined by judgment after trial. No person or organization has any right under this policy to bring us into any action to determine the insured s liability. b. With respect to bodily injury claims if we deny coverage or do not admit liability because an insured or the injured person someone acting for the injured person or other claimant fails to give us written notice as soon as practicable then the injured person someone acting for the injured person or other claimant may bring an action against us provided the sole question is whether the denial of coverage or nonadmission of liability is based on the failure to provide timely notice. 2 However the injured person someone acting for the injured person or other claimant may not bring an action if within 60 days after we deny coverage or do not admit liability we or an insured 1 Brings an action to declare the rights of the parties under the policy and 2 Names the injured person someone acting for the injured person or other claimant as a party to the action. 4. The following provision is added and supersedes any provision to the contrary Failure to give notice to us as soon as practicable as required under this Coverage Part shall not invalidate any claim made by the insured injured person or any other claimant unless the failure to provide such timely notice has prejudiced us. However no claim made by the insured injured person or other claimant will be invalidated if it shall be shown not to have been reasonably possible to give such timely notice and that notice was given as soon as was reasonably possible thereafter.. The Loss Payment Condition is replaced by the following At our option we may a. Pay for or replace damaged or stolen property or b. Return the stolen or damaged property at our expense. We will pay for any damage that results to the auto from the loss. If we pay for the loss our payment will include the applicable sales tax for the damaged or stolen property.. The Two Or More Coverage Forms Or Policies Issued By Us Condition in the Business Auto Motor Carrier and Truckers Coverage Forms is changed as follows This condition does not apply to liability coverage.. The Premium Audit Condition is amended by the addition of the following An audit to determine the final premium due or to be refunded will be completed within 180 days after the expiration date of the policy or the anniversary date if this is a continuous policy or a policy written for a term longer than one year. But the audit may be waived if a. The total annual premium attributable to the auditable exposure base is not reasonably expected to exceed 1500 or Page 4 of 7 Insurance Services Office Inc. 2013 CA01120114 | 2 |
b. The policy requires notification to the insurer with specific identification of any additional exposure units e.g. autos for which coverage is requested. c. Except as provided in Paragraphs a. and b. above the Examination Of Your Books And Records Common Policy Condition continues to apply. D. Changes In Definitions The Definitions Section in the Business Auto Business Auto Physical Damage Motor Carrier and Truckers Coverage Forms is changed as follows 1. The covered pollution cost or expense definition in all coverage forms except the Business Auto Physical Damage Coverage Form is replaced by the following Covered pollution cost or expense means any cost or expense arising out of a. Any request demand order or statutory or regulatory requirement or b. Any claim or suit by or on behalf of a governmental authority demanding that the 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. 2. The insured contract definition in all coverage forms except the Business Auto Physical Damage Coverage Form is replaced by the following Insured contract means a. Alease of premises b. A sidetrack agreement c. An easement or license agreement in connection with vehicle or pedestrian private railroad crossings at grade d. Any other easement agreement except in connection with construction or demolition operations on or within 50 feet of a railroad e. An indemnification of a municipality as required by ordinance except in connection with work for a municipality f. That part of any contract or agreement entered into as part of your business by you or any of your employees pertaining to the rental or lease of any auto or g. That part of any other contract or agreement pertaining to your business under which you assume the tort liability of another to pay damages because of bodily injury or property damage to a third person or organization if the contract or agreement is made prior to the bodily injury or property damage. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. An insured contract does not include that part of any contract or agreement a. That pertains to the loan lease or rental of an auto to you or any of your employees if the auto is loaned leased or rented with adriver b. That holds a person or organization engaged in the business of transporting property by auto for hire harmless for your use of a covered auto over a route or territory that person or organization is authorized to serve by public authority or c. Under which the insured assumes liability for injury or damage caused by the dumping discharge or escape of 1 Irritants pollutants or contaminants that are or that are contained in any property that is a Being moved from the place where such property or pollutants are accepted by the insured for movement into or onto the covered auto Being transported or towed by the covered auto c Being moved from the covered auto to the place where such property or pollutants are finally delivered disposed of or abandoned by the insured d Otherwise in the course of transit or e Being stored disposed of treated or processed in or upon the covered auto other than fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of the covered auto or its parts. b CA01120114 Insurance Services Office Inc. 2013 Page 50of 7 | 2 |
2 Irritants pollutants or contaminants not described in Paragraph 1 above unless a The pollutants or any property in which the pollutants are contained is upset overturned or damaged as a result of the maintenance or use of the covered auto and The discharge dispersal release or escape of the pollutants is caused directly by such upset overturn or damage. 3. The mobile equipment definition is replaced by the following Mobile equipment means any of the following types of land vehicles including any attached machinery 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 maintained primarily to provide mobility to permanently 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 permanently attached equipment of the following types b 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers.. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 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 cleaning geophysical exploration lighting or well servicing equipment. Mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. However the operation of a. Equipment described in Paragraphs f.2 and f.3 above or b. Machinery or equipment that is on attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged is considered operation of mobile equipment and not operation of an auto. E. Changes In Forms And Endorsements 1. All references to Underinsured Motorists Coverage shall mean Supplementary Uninsured Underinsured Motorists Coverage. 2. If the Garagekeepers Coverage endorsement or the Garagekeepers Coverage Customers Sound receiving Equipment endorsement is attached then Exclusion 3. is replaced by the following We will not pay for loss caused by war whether or not declared civil war insurrection rebellion or revolution or any act or condition incident to any of the foregoing. 3. If the Auto Medical Payments Coverage endorsement is attached then Exclusion C.6. is replaced by the following Bodily injury caused by war whether or not declared civil war insurrection rebellion or revolution or any act or condition incident to any of the foregoing. Page 6 of 7 Insurance Services Office Inc. 2013 CA01120114 | 2 |
4. If the Single Interest Automobile Physical Damage Insurance Policy is attached the War Exclusion is replaced by the following This insurance does not apply to loss caused by war whether or not declared civil war insurrection rebellion or revolution or any act or condition incident to any of the foregoing. 5. If the Stated Amount Insurance endorsement is attached then Paragraph C.2. of that endorsement does not apply. CA01120114 Insurance Services Office Inc. 2013 Page 7 of 7 | 2 |
COMMERCIAL AUTO CA01351013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES For a covered auto licensed or principally garaged in or for auto dealer operations conducted in Washington this endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. A. Changes In Covered Autos Liability Coverage The Employee Indemnification And Employer s Liability Exclusion applies only to bodily injury to any employee of the insured whose employment is not subject to the Industrial Insurance Act of Washington Washington Revised Code Title 51. With respect to bodily injury to employees of the insured whose employment is subject to the Industrial Insurance Act of Washington the Employee Indemnification And Employer s Liability Exclusion is replaced by the following Employee Indemnification And Employer s Liability This insurance does not apply to bodily injury to a. An employee of the insured arising out of and in the course of 1 Employment by the insured or 2 Performing duties related to the conduct of the insured s business or b. Any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to bodily injury to domestic employees not entitled to workers compensation benefits or to liability assumed by the insured under an insured contract. A domestic employee is a person engaged in household or domestic work performed principally in connection with a residence premises. B. Changes In Physical Damage Coverage 1. The lead in to Paragraph B.1. in the Business Auto and Motor Carrier Coverage Forms and Paragraph F.3.a. in the Auto Dealers Coverage Form is replaced by the following We will not pay for loss caused directly or indirectly by any of the following 2. The Limit Of Insurance provision with respect to repair or replacement resulting in better than like kind or quality is replaced by the following and supersedes any provision to the contrary We may deduct for betterment for parts normally subject to repair and replacement during the useful life of the auto. In this event deductions shall be limited to the lesser of a. An amount equal to the proportion that the expired life of the part to be repaired or replaced bears to the normal useful life of that part or b. The amount by which the resale value of the auto is increased from the repair or replacement. 3. The following is added to the Limit Of Insurance provision We will not pay for a loss which is paid under Underinsured Motorists Coverage. B. Changes In Physical Damage Coverage 1. The lead in to Paragraph B.1. in the Business Auto and Motor Carrier Coverage Forms and Paragraph F.3.a. in the Auto Dealers Coverage Form is replaced by the following We will not pay for loss caused directly or indirectly by any of the following 2. The Limit Of Insurance provision with respect to repair or replacement resulting in better than like kind or quality is replaced by the following and supersedes any provision to the contrary We may deduct for betterment for parts normally subject to repair and replacement during the useful life of the auto. In this event deductions shall be limited to the lesser of a. An amount equal to the proportion that the expired life of the part to be repaired or replaced bears to the normal useful life of that part or b. The amount by which the resale value of the auto is increased from the repair or replacement. 3. The following is added to the Limit Of Insurance provision We will not pay for a loss which is paid under Underinsured Motorists Coverage. CA01351013 Insurance Services Office Inc. 2012 Page 1 of 3 | 2 |
C. Changes In Garagekeepers Coverage If Garagekeepers Coverage in the Auto Dealers Coverage Form is selected or if the Garagekeepers Coverage endorsement or the Garagekeepers Coverage Customers Sound Receiving Equipment endorsement is attached then the exclusion which refers to declared or undeclared war or insurrection is replaced by the following We will not pay for loss arising directly or indirectly out of the following a. War including undeclared or civil war b. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. D. Changes In General Liability Coverages With respect to the Auto Dealers Coverage Form 1. Exclusion 2.d. Employee Indemnification And Employer s Liability under Paragraph A. Bodily Injury And Property Damage Liability applies only to bodily injury to any employee of the insured whose employment is not subject to the Industrial Insurance Act of Washington Washington Revised Code Title 51. 2. With respect to bodily injury to employees of the insured whose employment is subject to the Industrial Insurance Act of Washington Exclusion 2.d. Employee Indemnification And Employer s Liability under Paragraph A. Bodily Injury And Property Damage Liability is replaced with the following d. Employee Indemnification And Employer s Liability Exclusion This insurance does not apply to bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 Any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. 3. Paragraphs 5.a.1 2 and 3 of the Who Is An Insured provision apply only to employees of the insured whose employment is not subject to the Industrial Insurance Act of Washington Washington Revised Code Title 51. 4. With respect to employees of the insured whose employment is subject to the Industrial Insurance Act of Washington Paragraph 5.a. of the Who Is An Insured provision is replaced by the following a. Bodily injury or personal and advertising injury 1 To you if you are an individual your partners if you are a partnership your members if you are a limited liability company or a fellow employee of the insured while in the course of his or her employment or while performing duties related to the conduct of your auto dealer operations For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1 above or Arising out of his or her providing or failing to provide professional health care services. E. Changes In Conditions 1. The Appraisal For Physical Damage Loss Condition is replaced by the following Appraisal For Physical Damage Loss If you and we disagree on the amount of loss either may demand an appraisal of the loss. In this event each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The appraisers will state separately the actual cash value and amount of loss. If they fail to agree they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will a. Pay its chosen appraiser and b. Bear the other expenses of the appraisal and umpire equally. Neither we nor you shall be held to have waived any rights by any act relating to appraisal. 2 3 Page 2 of 3 Insurance Services Office Inc. 2012 CA01351013 | 2 |
2. The Transfer Of Rights Of Recovery Against Others To Us Condition is replaced by the following Transfer Of Rights Of Recovery Against Others To Us a. If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another those rights are transferred to us for that payment. That person or organization must do everything necessary to secure our rights and must do nothing after accident or loss to impair them. b. We are entitled to a recovery only after the person or organization has been fully compensated for damages by another party. 3. The following is added to the Legal Action Against Us Condition If this action is brought pursuant to Sec. 3 of RCW 48.30 then 20 days prior to filing such an action you are required to provide written notice of the basis for the cause of action to us and the Office of the Insurance Commissioner. Such notice may be sent by regular mail registered mail or certified mail with return receipt requested. CA01351013 Insurance Services Office Inc. 2012 Page 3 of 3 | 2 |
COMMERCIAL AUTO CA01491013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OREGON CHANGES This endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. A. Changes In Covered Autos Liability Coverage 1. Paragraph 2.b.4 of the Who Is An Insured 2. Paragraph b.1 of the Out of state Coverage Extensions is replaced by the following provision in the Auto Dealers Coverage Form is replaced by the following 4 Your customers. However if a customer of yours a Has no other available insurance whether primary excess or contingent they are an insured but only up to the following minimum limits specified by the Oregon Financial Responsibility Law i 70000 for each accident which is the minimum combined single limit of liability or i 250005000020000 for each accident which is the minimum split limit of liability. b Has other available insurance whether primary excess or contingent less than the following minimum limits specified by the Oregon Financial Responsibility Law they are an insured only for the amount by which such limits exceed the limit of their other insurance i 70000 for each accident which is the minimum combined single limit of liability or i 2500050000 for each accident which is the minimum split limit of liability. 1 Increase the Limit of Insurance for Covered Autos Liability Coverage to meet the minimum limits specified by a compulsory or financial responsibility law of the jurisdiction where the covered auto is being used but this does not apply to any law governing motor carriers of passengers or property.. The following is added to the Limit Of Insurance provision of the Business Auto and Motor Carrier Coverage Forms and the it Of Insurance Covered Autos Liability provision of the Auto Dealers Coverage Form We will provide primary insurance for a vehicle that you do not own if such vehicle is owned by a self insurer as qualified under the Oregon Financial Responsibility Law. B. Changes In Conditions 1. The Appraisal For Physical Damage Loss Condition is replaced by the following If you and we disagree on the amount of loss both parties may agree to an appraisal of the loss and to be bound by the results of that appraisal. If both parties so agree then each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The appraisers will state separately the actual cash value and amount of loss. If they fail to agree they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will a. Pay its chosen appraiser and b. Bear the other expenses of the appraisal and umpire equally. 2. Paragraph b.1 of the Out of state Coverage Extensions is replaced by the following 1 Increase the Limit of Insurance for Covered Autos Liability Coverage to meet the minimum limits specified by a compulsory or financial responsibility law of the jurisdiction where the covered auto is being used but this does not apply to any law governing motor carriers of passengers or property. 3. The following is added to the Limit Of Insurance provision of the Business Auto and Motor Carrier Coverage Forms and the Limit Of Insurance Covered Autos Liability provision of the Auto Dealers Coverage Form We will provide primary insurance for a vehicle that you do not own if such vehicle is owned by a self insurer as qualified under the Oregon Financial Responsibility Law. B. Changes In Conditions 1. The Appraisal For Physical Damage Loss Condition is replaced by the following If you and we disagree on the amount of loss both parties may agree to an appraisal of the loss and to be bound by the results of that appraisal. If both parties so agree then each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The appraisers will state separately the actual cash value and amount of loss. If they fail to agree they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will a. Pay its chosen appraiser and b. Bear the other expenses of the appraisal and umpire equally. CA01491013 Insurance Services Office Inc. 2012 Page 1 of 2 | 2 |
However we will reimburse you for reasonable appraisal costs if the final appraisal decision of the loss is greater than the amount of our last offer prior to incurring appraisal costs. If we submit to an appraisal we will still retain our right to deny the claim. The Concealment Misrepresentation Or Fraud Condition is replaced by the following a. Subject to Paragraphs b. and c. below we will retain the right to deny a claim made by the insured or any other person if whether before or after a loss you have willfully concealed or misrepresented any material fact or circumstance concerning this insurance or the subject of it or your interest in it or in case of any fraud or false swearing by you relating to it. b. Al statements made by you or on your behalf in the absence of fraud will be deemed representations and not warranties. No such statements that arise from an error in the application will be used in defense of a claim under this policy unless 1 The statements are contained in a written application and 2 A copy of the application is endorsed upon or attached to this policy when issued. c. In order to use any representation made by you or on your behalf in defense of a claim under the policy we must show that the representations are material and that we relied on them. 3. The following is added to the Other Insurance Condition of the Auto Dealers and Business Auto Coverage Forms and the Other Insurance Primary And Excess Insurance Provisions Condition of the Motor Carrier Coverage Form When coverage provided under a certificate of self insurance is available any motor vehicle liability insurance coverage we provide will be on a primary basis unless otherwise agreed to by the self insurer. Page 2 of 2 Insurance Services Office Inc. 2012 CA01491013 | 2 |
COMMERCIAL AUTO CA01961013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES For a covered auto licensed or principally garaged in Texas this endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. A. Changes In Physical Damage Coverage 1. The following exclusion is added to Paragraph c. Specify the information you must provide in accordance with Paragraph b. of the Duties B. Exclusions in the Physical Damage Coverage section We will not pay for loss due to or as a consequence of a seizure of a covered auto by federal or state law enforcement officers as evidence in a case against you under the Texas Controlled Substances Act or the federal Controlled Substances Act if you are convicted in such case.. Paragraphs C.2. and C.3. of the Limit Of Insurance provision under Physical Damage Coverage do not apply.. Paragraph D. Deductible in the Physical Damage Coverage section is amended by the addition of the following At the mutual agreement of you and us we will not apply the deductible to loss to glass if the glass is repaired rather than replaced. Condition. We may request more information at a later date if during the investigation of the claim such additional information is necessary.. After we receive the information we request we will notify you in writing as to whether a. The claim will be paid b. The claim has been denied and inform you of the reasons for denial c. More information is necessary or d. We need additional time to reach a decision. If we need additional time we will inform you of the reasons for such need. We will provide notification as described in 2.a. through 2.d. above within a. 15 business days or b. 30 days if we have reason to believe the B. Changes In Conditions The following condition is added Claim handling Procedures 1. Within 15 days after we receive written notice loss resulted from arson. If we have notified you that we need additional time to reach a decision we must then either approve or deny the claim within 45 days of such notice. of a claim we will a. Acknowledge receipt of the claim. If we do not acknowledge receipt of the claim in writing we will keep a record of the date method and content of the acknowledgment b. Begin any investigation of the claim and. If a claim results from a weather related catastrophe or a major natural disaster as defined by the Texas Department of Insurance the claim handling deadlines described above are extended for an additional 15 days.. If we notify you that we will pay your claim or part of your claim we will pay within five hicineece Adave after we notifv vort c. Specify the information you must provide in accordance with Paragraph b. of the Duties Condition. We may request more information at a later date if during the investigation of the claim such additional information is necessary.. After we receive the information we request we will notify you in writing as to whether a. The claim will be paid b. The claim has been denied and inform you of the reasons for denial c. More information is necessary or d. We need additional time to reach a decision. If we need additional time we will inform you of the reasons for such need. We will provide notification as described in 2.a. through 2.d. above within a. 15 business days or b. 30 days if we have reason to believe the loss resulted from arson. If we have notified you that we need additional time to reach a decision we must then either approve or deny the claim within 45 days of such notice.. If a claim results from a weather related catastrophe or a major natural disaster as defined by the Texas Department of Insurance the claim handling deadlines described above are extended for an additional 15 days.. If we notify you that we will pay your claim or part of your claim we will pay within five business days after we notify you. CA01961013 Insurance Services Office Inc. 2013 Page 1 of 2 | 2 |
However if payment of the claim or part of the claim is conditioned on your compliance with any of the terms under this Policy we will make payment within five business days after the date you have complied with such terms. 5. We will notify the first Named Insured in writing of a. An initial offer to settle a claim made or suit brought against any insured under Covered Autos Liability Coverage of this Policy. The notice will be given no later than the 10th day after the date on which the offer is made. b. Any settlement of a claim made or suit brought against the insured under Covered Autos Liability Coverage of this Policy. The notice will be given not later than the 30th day after the date of settlement. As used in this condition business day means a day other than Saturday Sunday or a holiday recognized by the state of Texas.. Changes In Uninsured Underinsured Motorists Coverage All references to Uninsured Motorists Coverage in the title or text of any Coverage Form or endorsement thereto are changed to read Uninsured Underinsured Motorists Coverage. D. Changes In Trailer Interchange Coverage The following exclusion is added to Paragraph B. Exclusions of Section Il Trailer Interchange Coverage in the Motor Carrier Coverage Form and to Paragraph B.2. Exclusions of the Motor Carrier Endorsement if attached Texas Controlled Substance Act We will not pay for loss due to or as a consequence of a seizure of a covered auto by federal or state law enforcement officers as evidence in a case against you under the Texas Controlled Substances Act or the federal Controlled Substances Act if you are convicted in such case. E. Changes In Garagekeepers Coverage If the Garagekeepers Coverage Endorsement or the Garagekeepers Coverage Customers Sound receiving Equipment endorsement s attached the following exclusion is added Texas Controlled Substance Act We will not pay for loss due to or as a consequence of a seizure of a covered auto by federal or state law enforcement officers as evidence in a case against you under the Texas Controlled Substances Act or the federal Controlled Substances Act if you are convicted in such case. Page 2 of 2 Insurance Services Office Inc. 2013 CA01961013 | 2 |
COMMERCIAL AUTO CA 02250114 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES CANCELLATION For a covered auto licensed or principally garaged in or for garage operations conducted in New York this endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. I. If you are an individual and a covered auto you own is predominantly used for nonbusiness purposes the Cancellation Common Policy Condition does not apply. The following condition applies instead Ending This Policy A. Cancellation 1. You may cancel the entire 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 the entire policy for any reason provided we mail you notice within this period. If we cancel for nonpayment of premium we will mail you at least 15 days notice and such notice of cancellation on this ground shall inform the first Named Insured of the amount due. Payment of premium will be considered on time if made within 15 days after we mail you notice of cancellation. If we cancel for any other reason we will mail you at least 20 days notice. 3. When this policy is in effect 60 days or more or is a renewal or continuation policy we may cancel it or any insurance deemed severable only for one or more of the following reasons a. Nonpayment of premium provided however that a notice of cancellation on this ground shall inform the first Named Insured of the amount due. If we cancel for this reason we will mail you at least 15 days notice. Payment of premium will be considered on time if made within 15 days after we mail you notice of cancellation. b. Your driver s license or that of a driver who lives with you or customarily uses the covered auto has been suspended or revoked during the policy period other than a suspension issued pursuant to Subdivision 1 of Section 510b of the Vehicle and Traffic Law or one or more administrative suspensions arising out of the same incident which has or have been terminated prior to the effective date of cancellation. If we cancel for this reason we will mail you at least 20 davs notice 3. When this policy is in effect 60 days or more or is a renewal or continuation policy we may cancel it or any insurance deemed severable only for one or more of the following reasons a. Nonpayment of premium provided however that a notice of cancellation on this ground shall inform the first Named Insured of the amount due. If we cancel for this reason we will mail you at least 15 days notice. Payment of premium will be considered on time if made within 15 days after we mail you notice of cancellation. b. Your driver s license or that of a driver who lives with you or customarily uses the covered auto has been suspended or revoked during the policy period other than a suspension issued pursuant to Subdivision 1 of Section 510b of the Vehicle and Traffic Law or one or more administrative suspensions arising out of the same incident which has or have been terminated prior to the effective date of cancellation. If we cancel for this reason we will mail you at least 20 days notice. CA02250114 Insurance Services Office Inc. 2013 Page 10of 4 | 2 |
c. We replace this policy with another one providing similar coverages and the same limits for a covered auto of the private passenger type. The replacement policy will take effect when this policy is cancelled and will end a year after this policy begins or on this policy s expiration date whichever is earlier. d. This policy has been written for a period of more than one year or without a fixed expiration date. We may cancel for this reason subject to New York Laws only at an anniversary of its original effective date. If we cancel for this reason we will mail you at least 45 but not more than 60 days notice. This policy was obtained through fraud or material misrepresentation. If we cancel for this reason we will mail you at least 20 days notice. f. Any insured made a fraudulent claim. If we cancel for this reason we will mail you at least 20 days notice. If one of the reasons listed in this Paragraph 3. exists we may cancel the entire policy. Instead of cancellation we may condition continuation of this policy on a reduction of Liability Coverage or elimination of any other coverage. If we do this we will mail you notice at least 20 days before the date of the change. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. If this policy is cancelled we will send you any premium refund due. The refund will be pro rata. However when the premium is advanced under a premium finance agreement we will be entitled to retain a minimum earned premium of 10 of the total policy premium or 60 whichever is greater. The cancellation will be effective even if we have not made or offered a refund. 4 B. Nonrenewal 1. If this policy is written for a period of less than one year and we decide subject to New York Laws not to renew or continue it or to condition renewal or continuation on a reduction of Liability Coverage or elimination of any other coverage we will mail or deliver to you written notice at least 45 but not more than 60 days before the end of the policy period. 2. We will have the right not to renew or continue a particular coverage subject to New York Laws only at the end of each 12 month period following the effective date of the first of the successive policy periods in which the coverage was provided. 3. We do not have to mail notice of non renewal if you your agent or broker or another insurance company informs us in writing that you have replaced this policy or that you no longer want it. C. Mailing Of Notices We will mail or deliver our notice of cancellation reduction of limits elimination of coverage or nonrenewal to the address shown on the policy. However we may deliver any notice instead of mailing it. If notice is mailed a United States Postal Service certificate of mailing will be sufficient proof of notice.. For all policies other than those specified in Section L. the Cancellation Common Policy Condition is completely replaced by the following Ending This Policy A. Cancellation 1. The first Named Insured shown in the Declarations may cancel the entire 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 60 days or less and is not a renewal or continuation policy we may cancel the entire policy by mailing to the first Named Insured written notice at least 15 days before the effective date of cancellation if we cancel for any of the reasons included in Paragraph 3. below. We will provide the first Named Insured with 20 days written notice if we cancel for any other reason. Page 2 of 4 Insurance Services Office Inc. 2013 CA 02250114 | 2 |
h. Where we have reason to believe in good faith and with sufficient cause that there is a probable risk of danger that the insured will destroy or permit to be destroyed the insured property for the purpose of collecting the insurance proceeds. However if we cancel for this reason the first Named Insured may make a written request to the Department of Financial Services within 10 days of receipt of this notice to review our cancellation decision. We will also send a copy of this notice simultaneously to the Department of Financial Services or i. Suspension or revocation during the required policy period of the driver s license of any person who continues to operate a covered auto other than a suspension issued pursuant to Subdivision 1 of Section 510b of the Vehicle and Traffic Law or one or more administrative suspensions arising from the same incident which has or have been terminated prior to the effective date of cancellation. 4. Regardless of the number of days this policy has been in effect if a. This policy covers autos subject to the provisions of Section 370 a and b of the New York Vehicle and Traffic Law and b. The Commissioner of the Department of Motor Vehicles deems this policy to be insufficient for any reason we may cancel this policy by giving you notice of such insufficiency 45 days before the effective date of cancellation to permit you to replace this policy. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. The refund will be pro rata. However when the premium is advanced under a premium finance agreement we will be entitled to retain a minimum earned premium of 10 of the total policy premium or 60 whichever is greater. The cancellation will be effective even if we have not made or offered a refund. 6. The effective date of cancellation stated in the notice shall become the end of the policy period. 3. When this policy is in effect more than 60 days or is a renewal or continuation policy we may cancel only for any of the reasons listed below provided we mail the first Named Insured written notice at least 15 days before the effective date of cancellation a. Nonpayment of premium provided however that a notice of cancellation on this ground shall inform the first Named Insured of the amount due b. Conviction of a crime arising out of acts increasing the hazard insured against c. Discovery of fraud or material misrepresentation in the obtaining of the policy or in the presentation of a claim thereunder d. After issuance of the policy or after the last renewal date discovery of an act or omission or a violation of any policy condition that substantially and materially increases the hazard insured against and which occurred subsequent to inception of the current policy period Material physical change in the property insured occurring after issuance or last annual renewal anniversary date of the policy which results in the property becoming uninsurable in accordance with our objective uniformly applied underwriting standards in effect at the time the policy was issued or last renewed or material change in the nature or extent of the risk occurring after issuance or last annual renewal anniversary date of the policy which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the policy was issued or last renewed f. Required pursuant to a determination by the Superintendent that continuation of our present premium volume would jeopardize our solvency or be hazardous to the interest of our policyholders our creditors or the public g. A determination by the Superintendent that the continuation of the policy would violate or would place us in violation of any provision of the Insurance Code 4 CA02250114 Insurance Services Office Inc. 2013 Page 3 of 4 | 2 |
7. Notice will include the reason for cancellation. We will mail or deliver our notice to the first Named Insured at the address shown in the policy and to the authorized agent or broker. However we may deliver any notice instead of mailing it. Proof of mailing will be sufficient proof of notice.. Notices Of Nonrenewal And Conditional Renewal 1. If we decide not to renew or continue this policy we will send notice as provided in Paragraph 3. below. 2. If we conditionally renew this policy upon a. A change of limits b. A change in type of coverage c. A reduction of coverage d. Anincreased deductible e. An addition of exclusion or f. Increased premiums in excess of 10 exclusive of any premium increase due to and commensurate with insured value added or as a result of experience rating retrospective rating or audit we will send notice as provided in Paragraph 3. below. 3. If we decide not to renew or continue this policy or to conditionally renew this policy as provided in Paragraphs 1. and 2. above we will mail the first Named Insured notice at least 60 but not more than 120 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. 4. We will not send you notice of nonrenewal or conditional renewal if you your authorized agent or broker or another insurer of yours mails or delivers notice that you have replaced this policy or no longer want it. 5. Any notice of nonrenewal or conditional renewal will be mailed to the first Named Insured at the address shown in the policy and to the authorized agent or broker. However we may deliver any notice instead of mailing it. Proof of mailing of any notice shall be sufficient proof of notice. Notice will include the specific reasons for nonrenewal or conditional renewal including the amount of any premium increase and description of any other changes. b 7. If we violate any of the provisions of Paragraph 3. 5. or 6. above by sending the first Named Insured an incomplete or late conditional renewal notice or a late nonrenewal notice a. And if notice is provided prior to the expiration date of this policy coverage will remain in effect at the same terms and conditions of this policy at the lower of the current rates or the prior period s rates until 60 days after such notice is mailed or delivered unless the first Named Insured during this 60 day period has replaced the coverage or elects to cancel. b. And if the notice is provided on or after the expiration date of this policy coverage will remain in effect at the same terms and conditions of this policy for another policy period at the lower of the current rates or the prior period s rates unless the first Named Insured during this additional policy period has replaced the coverage or elects to cancel. 8. If you elect to renew on the basis of a late conditional renewal notice the terms conditions and rates set forth in such notice shall apply a. Upon expiration of the 60 day period unless Subparagraph b. below applies or b. Notwithstanding the provisions in Paragraphs 7.a. and 7.b. as of the renewal date of the policy if the conditional renewal notice was sent at least 30 days prior to the expiration or anniversary date of the policy. C. Paragraph C.1. Aggregate of Insurance Garage Operations Other Than Covered Autos is amended as follows 1. The Aggregate Limit Of Insurance Garage Operations Other Than Covered Autos as shown in the Declarations will be increased in proportion to any policy extension provided in accordance with Section Il Paragraph B.7. above. 2. The last sentence of Aggregate Limits Garage Operations Other Than Covered Autos does not apply when the policy period is extended because we sent the first Named Insured an incomplete or late conditional renewal notice or a late nonrenewal notice. Page 4 of 4 Insurance Services Office Inc. 2013 CA 02250114 | 2 |
COMMERCIAL AUTO CA02431113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. A. Paragraphs 2. and 5. of the Cancellation Common Policy Condition contained Endorsement IL 0017 are replaced by following 2. We may cancel this policy a. By mailing or delivering to the first Named Insured written notice of cancellation stating the reason for cancellation at least 10 days before the effective date of cancellation. b. For the following reasons if this policy does not provide coverage to a governmental unit as defined under 28 TEX. ADMIN. CODE Section 5.7001 1 If this policy has been in effect for 60 days or less we may cancel for any reason except that under the provisions of the Texas Insurance Code we may not cancel this policy solely because the policyholder is an elected official. 2 If this policy has been in effect for more than 60 days or if it is a renewal or continuation of a policy issued by us we may cancel only for one or more of the following reasons a Fraud in obtaining coverage b Failure to pay premiums when due c An increase in hazard within the control of the insured which would produce an increase in rate d Loss of reinsurance covering all or part of the risk covered by the policy or e If we have been placed in supervision conservatorship or receivership and the cancellation is approved or directed by the supervisor conservator or receiver. c. For the following reasons if this policy provides coverage to a governmental unit as defined under 28 TEX. ADMIN. CODE Section 5.7001 1 If this policy has been in effect for less than 90 days we may cancel this policy for any reason. 2 If this policy has been in effect for 90 days or more or if it is a renewal or continuation of a policy issued by us we may cancel this policy only for the following reasons a If the first Named Insured does not pay the premium or any portion of the premium when due b If the Texas Department of Insurance determines that continuation of this policy would result in violation of the Texas Insurance Code or any other law governing the business of insurance in Texas If the Named Insured submits a fraudulent claim or If there is an increase in the hazard within the control of the Named Insured which would produce an increase in rate. c d e If we have been placed in supervision conservatorship or receivership and the cancellation is approved or directed by the supervisor conservator or receiver. c. For the following reasons if this policy provides coverage to a governmental unit as defined under 28 TEX. ADMIN. CODE Section 5.7001 1 If this policy has been in effect for less 2 d than 90 days we may cancel this policy for any reason. If this policy has been in effect for 90 days or more or if it is a renewal or continuation of a policy issued by us we may cancel this policy only for the following reasons a If the first Named Insured does not pay the premium or any portion of the premium when due b If the Texas Department of Insurance determines that continuation of this policy would result in violation of the Texas Insurance Code or any other law governing the business of insurance in Texas c If the Named Insured submits a fraudulent claim or If there is an increase in the hazard within the control of the Named Insured which would produce an increase in rate. CA02431113 Insurance Services Office Inc. 2013 Page 1 of 2 | 2 |
5. If this policy is canceled we will send the first Named Insured any premium refund due. The refund will be pro rata subject to the policy minimum premium. The cancellation will be effective even if we have not made or offered a refund. B. The following condition is added Nonrenewal 1. We may elect to renew this policy except that under the provisions of the Texas Insurance Code we may not refuse to renew this policy solely because the policyholder is an elected official. 2. If we elect not to renew this policy we may do so by mailing or delivering to the first Named Insured at the last mailing address known to us written notice of nonrenewal stating the reason for nonrenewal at least 60 days before the expiration date. If notice is mailed or delivered less than 60 days before the expiration date this policy will remain in effect until the 61st day after the date on which the notice is mailed or delivered. Earned premium for any period of coverage that extends beyond the expiration date will be computed pro rata based on the previous year s premium. Page 2 of 2 Insurance Services Office Inc. 2013 CA02431113 | 2 |
Z ZURICH Coverage Extension Endorsement Policy No Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Addl. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section Il Covered Autos Liability Coverage The following are also insureds Any employee of yours is an insured while using a covered auto you do nt own hire or borrow for acts performed within the scope of employment by you. Any employee of yours is also 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. Anyone volunteering services to you is an insured while using a covered auto you do nt own hire or borrow to transport your clients or other persons in activities necessary to your business. Anyone else who furnishes an auto referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. Where and to the extent permitted by law any persons or organizations where required by written contract or written agreement with you executed prior to any accident including those persons or organizations directing your work pursuant to such written contract or written agreement with you provided the accident arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement or the Limits of Insurance shown in the Declarations whichever is less. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form Coverage for any persons or organizations where required by written contract or written agreement with you executed prior to any accident will apply on a primary and non contributory basis and any insurance maintained by the additional insured will apply on an excess basis. However in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment Supplementary Payments Paragraphs a.2 and a.4 of the Coverage Extensions Provision in Section Il Covered Autos Liability Coverage are replaced by the following 2 Up to 5000 for the 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. 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. U CA424 F CW 04 14 Page 10f 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section Il Covered Autos Liability Coverage does not apply.. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section Il Covered Autos Liability Coverage This exclusion does not apply to covered autos participating in a driver safety program event such as but not limited to auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section Ill Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV Physical Damage Coverage of the Motor Carrier Coverage Form This exclusion does not apply to covered autos participating in a driver safety program event such as but not limited to auto or truck rodeos and other auto or truck agility demonstrations. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section Lease Or Loan Gap Coverage In the event of a total loss to a covered auto we will pay any unpaid amount due on the lease or loan for a covered auto less a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form and b. Any 1 Overdue lease or 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 for extended warranties credit life insurance health accident or disability insurance purchased with the loan or lease and 5 Carry over balances from previous leases or loans. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following We will pay up to 75 for towing and labor costs incurred each time a covered auto of the private passenger type is disabled. However the labor must be performed at the place of disablement.. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section If glass must be replaced the deductible shown in the Declarations will apply. However if glass can be repaired and is actually repaired rather than replaced the deductible will be waived. You have the option of having the glass repaired rather than replaced.. Hired Auto Physical Damage Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following Loss Of Use Expenses For Hired Auto Physical Damage we will pay expenses for which an insured becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by U CA424 F CW 04 14 Page 2 0f 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
1 Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered auto 2 Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered auto or 3 Collision only if the Declarations indicate that Collision Coverage is provided for any covered auto. However the most we will pay for any expenses for loss of use is 100 per day to a maximum of 3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section Personal Effects Coverage We will pay up to 750 for loss to personal effects which are 1 Personal property owned by an insured and 2 Inoron acovered auto. Subject to Paragraph a. above the amount to be paid for loss to personal effects will be based on the lesser of 1 The reasonable cost to replace or 2 The actual cash value. The coverage provided in Paragraphs a. and b. above only applies in the event of a total theft of a covered auto. No deductible applies to this coverage. However we will not pay for loss to personal effects of any of the following 1 Accounts bills currency deeds evidence of debt money notes securities or commercial paper or other documents of value. 2 Bullion gold silver platinum or other precious alloys or metals furs or fur garments jewelry watches precious or semi precious stones. 3 Paintings statuary and other works of art. 4 Contraband or property in the course of illegal transportation or trade. 5 Tapes records discs or other similar devices used with audio visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same loss. J. Tapes Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section Il Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section We will pay for loss to tapes records discs or other similar devices used with audio visual or data electronic equipment. We will pay only if the tapes records discs or other similar audio visual or data electronic devices a Are the property of an insured and b Are in a covered auto at the time of loss. The most we will pay for such loss to tapes records discs or other similar devices is 500. The Physical Damage Coverage Deductible Provision does not apply to such loss. U CA424 F CW 04 14 Page 30f 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
K. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section Ill Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us the following applies for each covered auto on a per vehicle basis 1. If the deductible on this policy or Coverage Form is the smaller or smallest deductible it will be waived or 2. If the deductible on this policy or Coverage Form is not the smaller or smallest deductible it will be reduced by the amount of the smaller or smallest deductible. M. Physical Damage Comprehensive Coverage Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section Regardless of the number of covered autos damaged or stolen the maximum deductible that will be applied to Comprehensive Coverage for all loss from any one cause is 5000 or the deductible shown in the Declarations whichever is greater. N. Temporary Substitute Autos Physical Damage 1. The following is added to Section Covered Autos Temporary Substitute Autos Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered autos the following types of vehicles are also covered autos for Physical Damage Coverage Any auto you do not own when used with the permission of its owner as a temporary substitute for a covered auto you do own but is out of service because of its 1. Breakdown 2. Repair 3. Servicing 4. Lossor 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section Temporary Substitute Autos Physical Damage We will pay the owner for loss to the temporary substitute auto unless the loss results from fraudulent acts or omissions on your part. If we make any payment to the owner we will obtain the owner s rights against any other party. The deductible for the temporary substitute auto will be the same as the deductible for the covered auto it replaces. 0. Amended Duties In The Event Of Accident Claim Suit Or Loss Paragraph a. of the Duties In The Event Of Accident Claim Suit Or Loss Condition is replaced by the following a. Inthe event of accident claim suit or loss you must give us or our authorized representative prompt notice of the accident claim suit or loss. However these duties only apply when the accident claim suit or loss is known to you if you are an individual a partner if you are a partnership a member if you are a limited liability company or an executive officer or insurance manager if you are a corporation. The failure of any U CA424 F CW 04 14 Page 4 of 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
agent servant or employee of the insured to notify us of any accident claim suit or loss shall not invalidate the insurance afforded by this policy. Include as soon as practicable 1 How when and where the accident or loss occurred and if a claim is made or suit is brought written notice of the claim or suit including but not limited to the date and details of such claim or suit 2 The insured s name and address and 3 To the extent possible the names and addresses of any injured persons and witnesses. If you report an accident claim suit or loss to another insurer when you should have reported to us your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you.. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition This Condition does not apply to the extent required of you by a written contract executed prior to any accident or loss provided that the accident or loss arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract.. Employee Hired Autos Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following For Hired Auto Physical Damage Coverage the following are deemed to be covered autos you own 1 Any covered auto you lease hire rent or borrow and 2 Any covered auto hired or rented under a written contract or written agreement entered into by an employee or elected or appointed official with your permission while being operated within the course and scope of that employee s employment by you or that elected or appointed official s duties as respect their obligations to you. However any auto that is leased hired rented or borrowed with a driver is not a covered auto.. Unintentional Failure to Disclose Hazards The following is added to the Concealment Misrepresentation Or Fraud Condition However we will not deny coverage under this Coverage Form if you unintentionally 1 Fail to disclose any hazards existing at the inception date of this Coverage Form or 2 Make an error omission improper description of autos or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. Hired Auto World Wide Coverage Paragraph 7a.5 of the Policy Period Coverage Territory Condition is replaced by the following 5 Anywhere in the world if a covered auto is leased hired rented or borrowed for a period of 60 days or less Bodily Injury Redefined The definition of bodily injury in the Definitions Section is replaced by the following Bodily injury means bodily injury sickness or disease sustained by a person including death or mental anguish resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U CA424 F CW 04 14 Page 5 0f 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section Il Covered Auto Liability Coverage is replaced by the following Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. V. Physical Damage Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section Ill Physical Damage Coverage is replaced by the following 4. Coverage Extensions a. Transportation Expenses We will pay up to 50 per day to a maximum of 1000 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. W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section In the event of a total loss to a covered auto of the private passenger type that is replaced with a hybrid auto or auto powered by an alternative fuel source of the private passenger type we will pay an additional 10 of the cost of the replacement auto excluding tax title license other fees and any aftermarket vehicle upgrades up to a maximum of 2500. The covered auto must be replaced by a hybrid auto or an auto powered by an alternative fuel source within 60 calendar days of the payment of the loss and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid auto the auto must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric hydrogen propane solar or natural gas either compressed or liquefied. To qualify as an auto powered by an alternative fuel source the auto must be powered by a source of propulsion power other than a conventional gasoline engine. An auto solely propelled by biofuel gasoline or diesel fuel or any blend thereof is not an auto powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section If a covered auto is stolen and recovered we will pay the cost of transport to return the auto to you. We will pay only for those covered autos for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms conditions provisions and exclusions of this policy remain the same. U CA424 F CW 04 14 Page 6 of 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL AUTO CA 99 330299 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEES AS INSUREDS This endorse ment modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the en dorse ment. The following is added to the Section II 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. Page Lof 1 CA 993302 99 Copyright Insurance Services Office Inc. 1998 | 2 |
Z ZURICH IMPORTANT NOTICE Texas Automobile Burglary and Theft Prevention Authority Pass Through Fee NOTICE A feeof INCL. is payable in addition to the premium due under this policy. This fee partially or completely reimburses the insurer as permitted by 28 TAC section 5.205 for the 2.00 fee per motor vehicle year required to be paid to the Automobile Burglary and Theft Prevention Authority under Vernon s Annotated Revised Civil Statues of the State of Texas Article 441337 section 10 which was effective on June 6 1991 and revised effective September 1 2011. U CA339 C TX 1113 | 2 |
Z ZURICH 2013 Commercial Auto Multistate Forms Revision Advisory Notice To Policyholders This is a summary of the major changes to your policy. No coverage is provided by this summary nor can it be construed to replace any provisions of your policy or endorsements. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is any conflict between the Policy and this summary THE PROVISIONS OF THE POLICY SHALL PREVAIL. Highlighted below are areas within the Policy that broaden reduce or reinforce coverage. This notice does not reference every change including editorial changes made in your policy. COVERAGE FORMS REINFORCEMENTS OF COVERAGE Revision To Liability Coverage Form References CA 00 01 Business Auto Coverage Form CA 00 20 Motor Carrier Coverage Form References to Liability Coverage that pertain to auto liability in the Business Auto Coverage Form and Motor Carrier Coverage Form are replaced with Covered Autos Liability Coverage to distinguish such coverage from the other types of liability coverages that may be included in your policy. Revisions To Physical Damage Coverage CA 00 01 Business Auto Coverage Form CA 00 05 Motor Carrier Coverage Form The Limits Of Insurance provision under Physical Damage Coverage is reinforced to reflect that loss rather than accident triggers coverage under this section. MULTISTATE ENDORSEMENTS BROADENINGS OF COVERAGE NEW OPTIONAL ENDORSEMENTS CA 23 30 Motor Carrier Endorsement In general this endorsement may be used to convert the Business Auto Coverage Form into a Motor Carrier Coverage Form for autos used in your operations as a motor carrier. EXISTING OPTIONAL ENDORSEMENTS CA 20 54 Employee Hired Autos This endorsement is revised to reinforce that any employee of yours is an insured while operating a rental or hired vehicle taken out in another employee s name for the purposes of performing duties related to the conduct of your business and with your permission. CA 99 16 Hired Autos Specified As Covered Auto You Own This endorsement has been revised to remove the wording which limits coverage with respect to the lessor solely to liability arising out of the acts or omissions of the lessee or anyone else acting on the lessee s behalf. U CA841 A 0414 Page 1 of 4 Includes copyrighted material of Insurance Services Office Inc. with its permi | 2 |
CA 99 37 Garagekeepers Coverage Spouses of partners managers of limited liability companies and executive officers are included as insureds with respect to the conduct of your garage operations. UCA 424 Coverage Extension Endorsement This endorsement has been revised to A. Reinforce that an employee of yours is an insured under Covered Autos Liability Coverage while operating an auto hired or rented under a contract or agreement in that employee s name with your permission while performing duties related to the conduct of your business B. Extend Insured status under Covered Autos Liability Coverage to any persons or organizations where required by written contract or written agreement including those persons or organizations directing your work. Such coverage will apply on a primary and non contributory basis with any insurance maintained by the additional insured on an excess basis C. Reinforce that the Expected Or Intended Injury Exclusion under the Covered Autos Liability Coverage does not apply if the bodily injury or property damage results from reasonable force to protect persons or property D. Include payment of up to 50 per day to a maximum of 1000 for temporary transportation expense incurred by you in the event of a total theft of a covered auto of the private passenger type when Comprehensive of Specified Cause of Loss Coverage is selected E. Revises the Physical Damage Coverage to provide for payment of an additional 10 of the cost of a replacement auto up to 2500 if in the event of a total loss to a covered auto of the private passenger type the covered auto is replaced with a hybrid auto or an auto powered by an alternative fuel source. Qualifications for consideration as a hybrid auto or auto powered by an alternative fuel source are described within the endorsement and F. Include payment for the cost of transport to return a stolen auto that has been recovered to you provided you carry either Comprehensive or Specified Causes of Loss Coverage on the auto. REINFORCEMENTS OF COVERAGE EXISTING OPTIONAL ENDORSEMENTS CA 01 21 Limited Mexico Coverage CA 02 38 Reinstatement Of Insurance CA 02 40 Suspension Of Insurance CA 03 01 Deductible Liability Coverage CA 03 02 Deductible Liability Coverage CA 04 42 Exclusion Of Federal Employees Using Autos In Government Business CA 04 44 Waiver Of Transfer Of Rights Of Recovery Against Others To Us Waiver Of Subrogation CA 04 45 Golf Carts And Low speed Vehicles CA 20 01 Lessor Additional Insured And Loss Payee CA 20 02 Audio Visual And Data Electronic Equipment Coverage Fire Police And Emergency Vehicles CA 20 05 Drive away Contractors CA 20 06 Driving Schools Non owned Autos CA 20 07 Emergency Services Volunteer Firefighters And Workers Injuries Limited Exclusion CA 20 08 Farm Tractors And Farm Tractors Equipment CA 20 09 Leasing Or Rental Concerns Contingent Coverage CA 20 10 Leasing Or Rental Concerns Conversion Embezzlement Or Secretion Coverage U CA841 A 0414 Includes copyrighted material of Insurance Services Office Inc. with its permiss Page 2 of 4 | 2 |
CA 20 11 Leasing Or Rental Concerns Exclusion Of Certain Leased Autos CA 20 12 Leasing Or Rental Concerns Rent it there Leave it here Autos CA 20 13 Leasing Or Rental Concerns Schedule Of Limits For Owned Autos CA 20 14 Leasing Or Rental Concerns Second Level Coverage CA 20 15 Mobile Equipment CA 20 16 Mobile Homes Contents Coverage CA 20 17 Mobile Homes Contents Not Covered CA 20 18 Professional Services Not Covered CA 20 19 Repossessed Autos CA 20 21 Snowmobiles CA 20 27 Registration Plates Not Issued For A Specific Auto CA 20 30 Emergency Services Volunteer Firefighters And Workers Injuries Excluded CA 20 33 Autos Leased Hired Rented Or Borrowed With Drivers Physical Damage Coverage CA 20 48 Designated Insured Newly titled Designated Insured For Covered Autos Liability Coverage CA 20 54 Employee Hired Autos CA 20 55 Fellow Employee Coverage CA 20 56 Fellow Employee Coverage For Designated Employees Positions CA 20 70 Coverage For Certain Operations In Connection With Railroads CA 20 71 Auto Loan Lease Gap Coverage CA 23 01 Explosives CA 23 03 Multi purpose Equipment CA 23 04 Rolling Stores CA 23 05 Wrong Delivery Of Liquid Products CA 23 08 Truckers Excess Coverage For The Named Insured And Named Lessors For Leased Autos Newly titled Motor Carriers Excess Coverage For The Named Insured And Named Lessors For Leased Autos CA 23 09 Truckers Insurance For Non trucking Use Newly titled Motor Carriers Insurance For Non trucking Use CA 23 12 Truckers Named Lessee As Insured Newly titled Motor Carriers Named Lessee As Insured CA 23 13 Trailer Interchange Fire And Fire And Theft Coverages CA 23 17 Truckers Uniform Intermodal Interchange Endorsement Form UIIE1 CA 23 24 Agricultural Produce Trailers Seasonal CA 23 25 Coverage For Injury To Leased Workers CA 23 94 Silica Or Silica related Dust Exclusion For Covered Autos Exposure CA 23 97 Amphibious Vehicles CA 24 01 Transportation Of Seasonal Or Migrant Agricultural Workers CA 24 02 Public Transportation Autos CA 99 03 Auto Medical Payments Coverage CA 99 10 Drive Other Car Coverage Broadened Coverage For Named Individuals CA 99 13 Fiduciary Liability Of Banks CA 99 14 Fire Fire And Theft Fire Theft And Windstorm And Limited Specified Causes Of Loss Coverages CA 99 16 Hired Autos Specified As Covered Autos You Own CA 99 17 Individual Named Insured CA 99 23 Rental Reimbursement Coverage U CA841 A 0414 Includes copyrighted material of Insurance Services Office Inc. with its permiss Page 3 of 4 | 2 |
CA 99 28 Stated Amount Insurance CA 99 30 Tapes Records And Discs Coverage CA 99 33 Employees As Insureds CA 99 34 Social Service Agencies Volunteers As Insureds CA 99 37 Garagekeepers Coverage CA 99 40 Exclusion Or Excess Coverage Hazards Otherwise Insured CA 99 44 Loss Payable Clause CA 99 47 Employee As Lessor CA 99 48 Pollution Liability Broadened Coverage For Covered Autos Business Auto Motor Carrier And Truckers Coverage Forms Newly titled Pollution Liability Broadened Coverage For Covered Autos Business Auto And Motor Carrier Coverage Forms CA 99 54 Covered Auto Designation Symbol CA 99 59 Garagekeepers Coverage Customers Sound receiving Equipment CA 99 60 Audio Visual And Data Electronic Equipment Coverage Added Limits EA 99 61 Loss Payable Clause Audio Visual And Data Electronic Equipment Coverage Added imits CA 99 90 Optional Limits Loss Of Use Expenses These forms have been revised where appropriate to A. Add reference to Auto Dealer Coverage Form and delete references to the Business Auto Physical Damage Coverage Form Garage Coverage Form andor Truckers Coverage Form in the list of the coverage forms to which the endorsement modifies andor B. Replace references to Liability Coverage with respect to auto liability with Covered Autos Liability Coverage to distinguish such coverage from the other types of liability coverages included in your policy. CA 23 97 Amphibious Vehicles This endorsement in general is revised to reinforce that insurance is not applicable to amphibious vehicles while being launched into used in or beached from the water. This includes but is not limited to coverages such as liability and physical damage coverages. CA 23 98 Trailer Interchange Coverage The Supplementary Payments provision is revised to reinforce that it applies to court costs taxed against the insured that do not include the attorneys fees or expenses taxed against the insured. A definition of the term trailer is added to reinforce that such term includes a semitrailer container or a dolly used to convert a semitrailer into a trailer. CA 99 28 Stated Amount Insurance CA 99 60 Audio Visual And Data Electronic Equipment Coverage Added Limits CA 99 61 Loss Payable Clause Audio Visual And Data Electronic Equipment Coverage Added Limits Various provisions and schedules applicable to physical damage coverage have been reinforced to reflect that loss rather than accident triggers coverage under this section. REDUCTION IN COVERAGE UCA 424 Coverage Extension Endorsement The Extended Glass Coverage under this endorsement has been revised to require the deductible which is shown in the Declarations if glass must be replaced rather than repaired. However if glass can be repaired the waiver of the deductible remains. U CA841 A 0414 Includes copyrighted material of Insurance Services Office Inc. with its permiss Page 4 of 4 | 2 |
Z ZURICH Advisory notice to policyholders regarding the US. Treasury Department s Office of Foreign Assets Control OFAC regulations No coverage is provided by this policyholder notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your declarations page for complete information on the coverages you are provided. This notice provides information concerning possible impact on your insurance coverage due to directives issued by the U.S. Treasury Department s Office of Foreign Assets Control OFAC. Please read this Notice carefully. OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous Foreign agents Front organizations Terrorists Terrorist organizations and Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site httpwww.treasury.govaboutorganizationalstructure offices Pages OfficeofForeignAssetsControl.aspx. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC restrictions. When an insurance policy is considered to be such a blocked or frozen contract no payments or premium refunds may be made without authorization from OFAC. Other limitations on premiums and payments also apply. Includes copyrighted material of Insurance Services Office Inc. with its permission. U GU1041A 311 Page 1 of 1 | 2 |
X Ky OLb REPUBLIC INSURANCE COMPANY 4 Kk COMMERCIAL GENERAL LIABILITY OCCURRENCE INSURANCE POLICY Represented by Old Republic Risk Management Inc. 445 South Moorland Road Suite 300 Brookfield WI 53005 Tel 877 797 3400 Fax 262 797 0486 J01 1014 DLEDITRY 1 COMMERCIAL GENERAL LIABILITY OCCURRENCE INSURANCE POLICY Represented by Old Republic Risk Management Inc. 445 South Moorland Road Suite 300 Brookfield WI 53005 Tel 877 797 3400 Fax 262 797 0486 COMMERCIAL GENERAL LIABILITY OCCURRENCE INSURANCE POLICY Represented by Old Republic Risk Management Inc. 445 South Moorland Road Suite 300 Brookfield WI 53005 Tel 877 797 3400 Fax 262 797 0486 MWwWZy 305280 Molex Inc 06302015 12012015 | 2 |
INSURANCE IS PROVIDED BY THE COMPANY DESIGNATED ON THE DECLARATIONS PAGE IN WITNESS WHEREOF we have caused this policy to be executed and attested and if required by state law this policy shall not be valid unless countersigned by our authorized representative. OLD REPUBLIC INSURANCE COMPANY 133 Oakland Avenue Greensburg Pennsylvania 15601 A Stock Company Gl Secretary Qu President X Ky OLD REPUBLIC couuss e 7307 North Michigan Avenue Chicago Illinois 60601 312 346 8100 J01 1014 MWwWZy 305280 Molex Inc 06302015 12012015 | 2 |
P COMMERCIAL GENERAL LIABILITY DECLARATIONS. OLP REPUBLIC nrascr conry Greensburg Ponnsyiaria A Siock Company POLICY NUMBER POLICYHOLDER SERVICE OFFICE PF Old Republic Risk Management Inc. Lockto MW2ZY 305280 445 South Moorland Road Suite 300 Kansa NEW Brookfield WI 53005 RENEWAL OF NUMBER 877 797 3400 NAMED INSURED AND MAILING ADDRESS Molex Inc See Form GL 652 001 0615 2222 Wellington Court Lisle IL 60532 PRODUCER 652 Lockton Companies Kansas City MO POLICY PERIOD FROM 063015 TO 120115 AT 1201 AM. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE. IN RETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. LIMITS OF INSURANCE EACH OCCURRENCE LIMIT 10000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 10000000 Any one premises MEDICAL EXPENSE LIMIT 10000 Any one person PERSONAL AND ADVERTISING INJURY LIMIT 10000000 Any one person or organization GENERAL AGGREGATE LIMIT 10000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT Included 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 ENTER DATE OR NONE IF NO RETROACTIVE DATE APPLIES DESCRIPTION OF BUSINESS FORM OF BUSINESS INDIVIDUAL JOINT VENTURE J LIMITED LIABILITY COMPANY X ORGANIZATION INCLUDING A CORPORATION BUT NOT INCLUDING PARTNERSHIP TRusT A PARTNERSHIP JOINT VENTURE OR LIMITED LIABILITY COMPANY BUSINESS DESCRIPTION Supplier of connectors and interconnect components ALL PREMISES YOU OWN RENT OR OCCUPY LOCATION NUMBER ADDRESS OF ALL PREMISES YOU OWN RENT OR OCCUPY On File With Company CLASSIFICATION AND PREMIUM LOCATION CLASSIFICATION CODE. PREMIUM RATE ADVANCE NUMBER NO. BASE PREMIUM Prem Prod Comp Prem Prod Comp Ops Ops Ops Ops On File With Company 11016 Included STATE TAX OR OTHER IF APPLICABLE 11 TOTAL PAYABLE SUBJECT TO AUDIT 11027 TOTAL SHOWN IS PAYABLE 11027 AT INCEPTION AT EACH ANNIVERSARY IF POLICY PERIOD IS MORE THAN ONE YEAR AND PREMIUM IS PAID IN ANNUAL INSTALLMENTS AUDIT PERIOD IF APPLICABLE TANNUALLY T SEMI ANNUALLY TQUARTERLY MONTHLY ENDORSEMENTS ENDORSEMENTS ATTACHED TO THIS POLICY See Forms Index THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORMS AND ANY ENDORSEMENTS COMPLETE THE ABOVE NUMBERED POLICY. Countersigned Date 080515 By Authorized Representative 6 CG DEC GN 0000 08 08 Includes copyrighted material of ISO Properties Inc. with its permission. Copyright ISO Properties Inc. 2000 Page 1 of 1 MWwWZy 305280 Molex Inc 06302015 12012015 LIMITED LIABILITY COMPANY PARTNERSHIP JTRUST Page 1 of 1 | 2 |
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k OLD REPUBLIC sounucscommas K 445 South Moorland Road Suite 300 Brookfield Wisconsin 53005 262797 3400 INDIVIDUAL NOTICES WILL NOT BE INCLUDED IN THE ELECTRONIC POLICY ONLY HARD COPY Named Insured molex Inc Policy Number Mwzy 305280 Policy Term Jun 30 2015 Dec 1 2015 POLICYHOLDER NOTICE INDEX NOTICES NOT MADE A PART OF THIS POLICY AT TIME OF ISSUANCE Form No. Description UG 108a IMPORTANT POLICYHOLDER INFORMATION AR UG 128 IMPORTANT INFORMATION CA INSURANCE GUARANTEE ASSOCIATION uU737 IL CONSUMER NOTICE ORRM 188b NOTICE TO IN POLICYHOLDERS UG 106a NOTICE CONCERNING POLICYHOLDER RIGHTS IN AN INSOLVENCY UNDER THE MN INSURANCE GUARANTY ASSOCIATION LAW NJ PROPERTY LIABILITY INSURANCE GUARANTEE ASSOCIATION SURCHARGE ORRM 257 ORRM 272b IMPORTANT NOTICE UG 114 NOTICE OF RIGHT TO FILE A COMPLAINT U939 WINOTICE ORRM 2032 Please reply P.O. Box 2939 Milwaukee Wisconsin 53201 2939eFax 262797 0486 MWZY 305280 Molex Inc 06302015 12012015 Page 10f 1 | 2 |
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OLD REPUBLIC INSURANCE COMPANY FORMS INDEX FORMS MADE A PART OF THIS POLICY AT TIME OF ISSUANCE Form Number Description J011014 COMMERCIAL GENERAL LIABILITY OCCURRENCE INSURANCE POLICY JACKET CG DEC GN 0000 08 08 COMMERCIAL GENERAL LIABILITY DECLARATIONS OCCURRENCE ORRM 2008 FORMS INDEX GL 652 001 0615 NAMED INSURED ENDORSEMENT ORRM 2013 ASSESSMENTS AND SURCHARGES SUMMARY GL 652 002 0615 COMMON POLICY CONDITIONS GL 652 003 0615 COMMERCIAL GENERAL LIABILITY COVERAGE FORM GL 652 004 0615 LIMITATION OF COVERAGE PIL 008 12 03 ECONOMIC AND TRADE SANCTIONS CONDITION GL 652 005 0615 PUNITIVE OR EXEMPLARY DAMAGES CG 02241093 EARLIER NOTICE OF CANCELLATION PROVIDED BY US GL 652 006 0615 ADDITIONAL INSURED WHERE REQUIRED UNDER CONTRACT OR AGREEMENT GL 652 007 0615 INTERNATIONAL COVERAGE ENDORSEMENT ORRM 2008 MWZY 305280 Molex Inc 06302015 12012015 Page 10f 6 | 2 |
OLD REPUBLIC INSURANCE COMPANY FORMS INDEX FORMS MADE A PART OF THIS POLICY AT TIME OF ISSUANCE Form Number Description GL 652 008 0615 AMENDATORY ENDORSEMENT CANADIAN COVERAGE GL 652 009 0615 TWO OR MORE COVERAGE PARTS COVERAGE FORMS OR POLICIES ISSUED BY US GL 652 010 0615 OTHER INSURANCE CHANGES PRIMARY AND NON CONTRIBUTORY CG24011204 NON BINDING ARBITRATION GL 652 011 0615 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US GL 652 012 0615 KANSAS AND OKLAHOMA CHANGES TRANSFER OF RIGHTS 1L 01 99 09 08 AR CHANGES TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US CG 014207 11 AR CHANGES CG 26441204 AR CHANGES NON BINDING ARBITRATION CG 32340105 CA CHANGES IL01251113 CO CHANGES CIVIL UNION IL 0140 09 08 CT CHANGES CIVIL UNION CG 02001207 IL CHANGES CANCELLATION AND NONRENEWAL ORRM 2008 MWZY 305280 Molex Inc 06302015 12012015 Page 2 of 6 | 2 |
OLD REPUBLIC INSURANCE COMPANY FORMS INDEX FORMS MADE A PART OF THIS POLICY AT TIME OF ISSUANCE Form Number Description IL 014709 11 IL CHANGES CIVIL UNION IL CHANGES CIVIL UNION IL01621013 IL CHANGES DEFENSE COSTS GL 652 013 0615 IN CHANGES POLLUTION EXCLUSION IL 01 58 09 08 IN CHANGES IL0117 1210 IN CHANGES WORKERS COMPENSATION EXCLUSION CG 26101204 KY CHANGES NON BINDING ARBITRATION GL 652 014 0615 MI CHANGES CG 26811204 MN CHANGES DUTIES CONDITION GL 652 015 0615 MN CHANGES CG 01221207 MN CHANGES CONTRACTUAL LIABILITY EXCLUSION AND SUPPLEMENTARY PAYMENTS GL 652 016 0615 MO CHANGES POLLUTION EXCLUSION CG 26 25 04 05 MO CHANGES GUARANTY ASSOCIATION CG 26500413 MO CHANGES MEDICAL PAYMENTS ORRM 2008 MWZY 305280 Molex Inc 06302015 12012015 Page 3 of 6 | 2 |
OLD REPUBLIC INSURANCE COMPANY FORMS INDEX FORMS MADE A PART OF THIS POLICY AT TIME OF ISSUANCE Form Number Description CG 26551108 NH CHANGES AMENDMENT OF REPRESENTATIONS CONDITION IL 014109 08 NJ CHANGES CIVIL UNION CG 26201093 NJ CHANGES LOSS INFORMATION CG 016307 11 NY CHANGES COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG26211091 NY CHANGES TRANSFER OF DUTIES WHEN A LIMIT OF INSURANCE IS USED up CG 33451205 NY CHANGES NON BINDING ARBITRATION 1L 01791002 OK NOTICE IL 0142 09 08 OR CHANGES DOMESTIC PARTNERSHIP CG 3296 1209 OR CHANGES NONBINDING ARBITRATION IL 09 10 07 02 PANOTICE IL01201013 PA CHANGES DEFENSE COSTS IL 0128 09 08 RI CHANGES PREJUDGMENT INTEREST IL 01 97 09 08 RI CHANGES ORRM 2008 MWZY 305280 Molex Inc 06302015 12012015 Page 4 of 6 | 2 |
OLD REPUBLIC INSURANCE COMPANY FORMS INDEX FORMS MADE A PART OF THIS POLICY AT TIME OF ISSUANCE Form Number Description CG 0103 06 06 TX CHANGES TX CHANGES IL 0168 09 08 TX CHANGES DUTIES CG 32091204 TX CHANGES NON BINDING ARBITRATION GL 652 017 0615 VA CHANGES CG 01810508 WA CHANGES IL01231113 WA CHANGES DEFENSE COSTS GL 652 018 0615 WI CHANGES AMENDMENT OF POLICY CONDITIONS PGL 025 11 03 LEAD EXCLUSION ENDORSEMENT CG 2196 03 05 SILICA OR SILICA RELATED DUST EXCLUSION PGL 003 11 03 ASBESTOS EXCLUSION ENDORSEMENT CG 21671204 FUNGI OR BACTERIA EXCLUSION CG 26771204 WA FUNGI OR BACTERIA EXCLUSION IL 00 21 09 08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT ORRM 2008 MWZY 305280 Molex Inc 06302015 12012015 Page 5 of 6 | 2 |
OLD REPUBLIC INSURANCE COMPANY FORMS INDEX FORMS MADE A PART OF THIS POLICY AT TIME OF ISSUANCE Form Number Description CG21730115 EXCLUSION OF CERTIFIED ACTS OF TERRORISM GL 652 020 0615 WAR LIABILITY EXCLUSION ORRM 2008 MWZY 305280 Molex Inc 06302015 12012015 Page 6 of 6 | 2 |
IL10 1206 OLD REPUBLIC INSURANCE COMPANY NAMED INSURED ENDORSEMENT It is understood and agreed the following are Named Insureds 1 2 The first Named Insured shown in the Declarations and if the first Named Insured is a partnership or joint venture the partnership or joint venture so designated and each partner or member thereof but only with respect to his her or its liability as such and Any subsidiary that a is consolidated with the first Named Insured under consolidation rules as defined by the generally accepted accounting principles in the United States of America or b is eligible for such consolidation or in the case of a non United States Named Insured would be consolidated or eligible for consolidation if the United States generally accepted accounting principles applied. GL 652 001 0615 Page 1 of 1 MWwWZy 305280 Molex Inc 06302015 12012015 | 2 |
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OLD REPUBLIC INSURANCE COMPANY ASSESSMENTS AND SURCHARGES SUMMARY 1 New Jersey PLIGA 1 TOTAL ASSESSMENTS SURCHARGES ORRM 2013 MWwWZy 305280 Molex Inc 06302015 12012015 | 2 |
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IL 10 1206 OLD REPUBLIC INSURANCE COMPANY COMMON POLICY CONDITIONS This policy is composed of the jacket pages the Common Declarations these common conditions and the Declarations and Additional Provisions and Conditions of each Coverage Part including all its forms and endorsements indicated in the Common Declarations. These Common Conditions apply to all Coverage Parts unless otherwise noted. A CANCELLATION 1. 6. The first Named Insured shown in the Declarations may cancel this policy or any Coverage Part by mailing or delivering to us advance written notice of cancellation. We may cancel this policy or any Coverage Part by mailing or delivering to the first Named Insured written notice of cancellation at least a. 60 days before the effective date of cancellation if we cancel for nonpayment of premium b. 60 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. This policy period will end on that date. If this policy or any Coverage Part is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata unless such cancellation is the result of Insurer financial deterioration to less than AM Best rating of A VII or Standard Poor s Rating Services rating of BBB or below or Moody s Investor Services rating of Baa3 or below. The cancellation will be effective even if we have not made or offered a refund. If notice is mailed proof of mailing will be sufficient proof of notice. B. 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 part of this policy. C. EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. GL 652 002 0615 Page 1 of 9 MWwWZy 305280 Molex Inc 06302015 12012015 | 2 |
INSPECTION AND SURVEYS 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or elevators. PREMIUMS The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. 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. GL 652 002 0615 Page 2 of 9 MWwWZy 305280 Molex Inc 06302015 12012015 | 2 |
SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services 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 b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement 2. Auto means a land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment. But auto does not include mobile equipment. 3. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. 4. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace provided the injury or damage does not occur in the course of travel or transportation to or from any place not included in a. above or c. All other parts of the world if explicitly required by written contract. Provided the Insured s responsibility to pay damages is determined in a suit on the merits in the territory described in a. above or in a settlement we agree to. 5. Employee includes a leased worker. Employee does not include a temporary worker. 6. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. 7. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. 8. Impaired 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 deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement GL 652 002 0615 Page 30f 9 Page 3 0of 9 MWwWZy 305280 Molex Inc 06302015 12012015 | 2 |
if such property can be restored to use by a. b. The repair replacement adjustment or removal of your product or your work or Your fulfilling the terms of the contract or agreement. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract A sidetrack agreement An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph e. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 If the indemnitee of the insured is an architect engineer or surveyor to the liability of the indemnitee his agents or employees arising out of a The preparation or approval of maps drawings opinions reports surveys change orders designs or specifications or b The giving of or the failure to give directions or instructions by the indemnitee his agents or employees provided such giving or failure to give is the primary cause of the bodily injury or property damage. 3 That indemnifies any person or organization for damage by fire to premises rented or loaned to you. 4 That indemnifies an architect engineer or surveyor for injury or damage arising out of GL 652 002 0615 Page 4 of 9 MWwWZy 305280 Molex Inc 06302015 12012015 | 2 |
a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 5 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failing to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 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. 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 While it is in or on an aircraft watercraft or auto or While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered 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 attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads Vehicles maintained for use solely on or next to premises you own or rent Vehicles that travel on crawler treads Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers GL 652 002 0615 Page 5 of 9 MWwWZy 305280 Molex Inc 06302015 12012015 | 2 |
9. Vehicles not described in a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 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 cleaning geophysical exploration lighting and well servicing equipment. Railroad locomotives and rail cars. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury other than bodily injury arising out of one or more of the following offenses a. b. False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services GL 652 002 0615 Page 6 of 9 MWwWZy 305280 Molex Inc 06302015 12012015 | 2 |
e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or Q. Infringing upon another s copywrite trade dress or slogan in your advertisement. 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. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 2 Products that are still in your physical possession or Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following 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 contract calls for work at more than one job site. c 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 2 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 The existence of tools uninstalled equipment or abandoned or unused materials or Products or operations for which the classification listed in the Declarations or in a policy schedule states that products completed operations are subject to the General Aggregate Limit. GL 652 002 0615 Page 7 of 9 MWwWZy 305280 Molex Inc 06302015 12012015 | 2 |
17. 18. 19. 20. 21. Property Damage means a. Physical injury to or destruction of 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 b. Loss of use of tangible property that is not physically injured or destroyed. All such loss shall be deemed to occur at the time of the occurrence that caused it. For 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 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. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the Insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 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. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A zerscn or organization whose business or assets you have acquired an 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. GL 652 002 0615 Page 8 of 9 MWwWZy 305280 Molex Inc 06302015 12012015 | 2 |
Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. Does not include vending machines or other property rented to or located for the use of others 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 durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. GL 652 002 0615 Page 9 of 9 MWwWZy 305280 Molex Inc 06302015 12012015 | 2 |
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IL 10 1206 OLD REPUBLIC INSURANCE COMPANY 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 Insured. 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 becomes legally obligated by statute or contract 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 insurance does not apply. We may at our discretion 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 Il Limits Of Insurance and Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payment Coverages A and B. 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 and The bodily injury or property damage occurs during the policy period GL 652 003 0615 Paae 1 of 21 Page 1 of 21 MWwWZy 305280 Molex Inc 06302015 12012015 | 0 |
3 3 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 occurrence or claim knew that the bodily injury 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 continuation 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 occurred by any Insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after 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 under Paragraph 1. of Section Il Who Is An Insured 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 insurer Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. e. Damages because of bodily injury include damages claimed by any person or organization 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 contract or agreement. This exclusion does not apply to liability for damages GL 652 003 0615 Paae 2 of 21 Page 2 of 21 MWwWZy 305280 Molex Inc 06302015 12012015 | 1 |
1 That the Insured would have in the absence of the contract or agreement or Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation 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 b Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Workers Compensation and Similar Laws Any obligation of the Insured under a Workers Compensation disability benefits or unemployment compensation law or any similar law. 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 1 Whether the Insured may be liable as an employer in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the Insured under an insured contract. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants. 615 GL 652 003 0615 Page 3 of 21 MWwWZy 305280 Molex Inc 06302015 12012015 | 1 |
2 If explicitly required by a written contract to provide sudden and accidental pollution coverage the following exclusion will apply a Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants 1 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 ii iii iv Bodily injury if sustained within a building and caused by smoke fumes vapor or soot from equipment used to heat that building 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 policy as an additional insured with respect 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 insured other than that additional insured Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire or Bodily injury or property damage arising out of the actual discharge dispersal seepage migration release or escape of pollutants provided that a. Such pollution commences during the term of this policy b. An insured discovers the commencement of such pollution no later than seven 7 calendar days after it commences and c. The insured reports the commencement of such pollution to us in writing no later than twenty one 21 days following its discovery by any insured. 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 handling storage disposal processing or treatment of waste i GL 652 003 0615 Page 4 of 21 MWwWZy 305280 Molex Inc 06302015 12012015 | 1 |
c d Which are or were at any time transported handled stored treated disposed 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 At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i ii iii iv 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 mechanical 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 release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent to be discharged dispersed or release as part of the operations being performed by such insured contractor or subcontractor 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 connection with operations being performed by you or on your behalf by a contractor or subcontractor Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire or Bodily injury or property damage arising out of the actual discharge dispersal seepage migration release or escape of pollutants provided that a. Such pollution commences during the term of this policy b. An insured discovers the commencement of such pollution no later than seven 7 calendar days after it commences and i GL 652 003 0615 Page 5 of 21 MWwWZy 305280 Molex Inc 06302015 12012015 | 1 |
c. The insured reports the commencement of such pollution to us in writing no later than twenty one 21 days following its discovery by any insured. e At or from any premises site or location on which an insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing 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 effects of pollutants. 3 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 remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b 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. However this paragraph does not apply to liability for damage 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 governmental authority. Aircraft Auto or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any Insured. Use includes operation and loading or unloading. This exclusion applies even if the claim against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by the insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft 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 GL 652 003 0615 Page 6 of 21 MWwWZy 305280 Molex Inc 06302015 12012015 | 1 |
3 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 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury or property damage arising out of the operation of any of the equipment listed in paragraph f.2 or f.3 of the definition of mobile equipment. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any Insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. War Bodily injury or property damage due to war whether or not declared or any act or condition incident to war. War includes civil war insurrection rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement. Damage to Property Property damage to 1 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 restoration or maintenance of such property for any reason including prevention of injury 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 3 Property loaned to you 4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. 5 2 GL 652 003 0615 Page 7 of 21 MWwWZy 305280 Molex Inc 06302015 12012015 | 1 |
Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damages To Premises 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 exclusion 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. Paragraphs 4 and 5 do not apply to liability assumed under a written contract for operations performed by the insured. 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 arises was performed on your behalf by a subcontractor. 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 dangerous condition in your product or your work or 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 accidental physical injury to your product or your work after it has been put to its intended use. GL 652 003 0615 Page 8 of 21 MWwWZy 305280 Molex Inc 06302015 12012015 | 1 |
Recall of Products Work or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement 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 advertising injury. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement We will pay those sums that the Insured becomes legally obligated by statute or contract 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 personal and advertising injury to which this insurance does not apply. We may at our discretion 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 Il Limits of Insurance and Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settiements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. GL 652 003 0615 Page 9 of 21 MWwWZy 305280 Molex Inc 06302015 12012015 | 1 |
b. This insurance applies to personal and advertising 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 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 advertising injury. 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 liability 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 contract 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 performance 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 advertisement. GL 652 003 0615 Page 10 of 21 MWwWZy 305280 Molex Inc 06302015 12012015 | 1 |
Infringement Of Copyright Patent Trademark or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. However this exclusion does not apply infringement in your advertisement of copyright trade dress or slogan. Insureds In Media And Internet Type Businesses Personal or 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 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising 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 advertising broadcasting publishing or telecasting. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the Insured hosts owns or over which the Insured exercises control. 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 mislead another s potential customers. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. Pollution Related Any loss cost or expense arising out of any 1 Request demand or order 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 GL 652 003 0615 Page 11 of 21 MWwWZy 305280 Molex Inc 06302015 12012015 | 1 |
2 2 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. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent On ways next to premises you own or rent or 3 Because of your operations provided that 1 The accident takes place in the coverage territory and during the policy period 2 The expenses are incurred and reported to us within one year of the date of the accident and 3 The injured person submits to examination 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 applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident Necessary medical surgical x ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury Any Insured GL 652 003 0615 Page 12 of 21 MWwWZy 305280 Molex Inc 06302015 12012015 | 1 |
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 occupies. 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 Workers Compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while taking part in athletics. f. Products Completed Operations Hazard Included within the products completed operations hazard. g. Coverage A Exclusions Excluded under Coverage A. h. War Due to war whether or not declared or any act or condition incident to war. War includes civil war insurrection rebellion or revolution. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an Insured we defend a. All expenses we incur. b. Up to 250 for cost of bail bonds and appeal 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 limits of insurance. We do not have to furnish these bonds. GL 652 003 0615 Page 13 of 21 MWwWZy 305280 Molex Inc 06302015 12012015 | 1 |
d. All reasonable expenses incurred by the Insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All costs taxed against the Insured in the suit. f. Pre judgment 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 interest based on that period of time after the offer. 9. 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 deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will reduce the limits of insurance. 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 damages for which the Insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the Insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the Insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests 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 b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the indemnitee and c GL 652 003 0615 Page 14 of 21 MWwWZy 305280 Molex Inc 06302015 12012015 | 1 |
d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and Provides us with written authorization to a. Obtain records and other information related to the suit and b. Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys 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 reduce the limits of insurance. Our obligation to defend an Insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when b. We have used up the applicable limit of insurance in the payment of judgments or settlements 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 b. 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. A partnership or joint venture you are an Insured. Your members your partners and their spouses are also Insureds but only with respect to the conduct of your business. 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. 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 duties as your officers or directors. Your stockholders are also Insureds but only with respect to their liability as stockholders. A trust you are an Insured. Your trustees are also Insureds but only with respect to their duties as trustees. 2 GL 652 003 0615 Page 15 of 21 MWwWZy 305280 Molex Inc 06302015 12012015 | 1 |
Each of the following is also an Insured Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insured 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 liability company to a coemployee while in the course of his or her employment of performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above c 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 d 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 control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. 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 c GL 652 003 0615 Page 16 of 21 MWwWZy 305280 Molex Inc 06302015 12012015 | 1 |
Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. With respect to mobile equipment registered in your name under any motor vehicle registration law any person is an Insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an Insured but only with respect to liability arising out of the operation of the equipment and only if no other insurance of any kind is available to that person or organization for this liability. However no person or organization is an Insured with respect to a. Bodily injury to a coemployee of the person driving the equipment or b. Property damage to property owned by rented to in the charge of or occupied by you or the employer of any person who is an Insured under this provision. 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 Insured if there is no other similar insurance available to that organization. However a. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and b. 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 Iil LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless 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. GL 652 003 0615 Paae 17 of 21 Page 17 of 21 MWwWZy 305280 Molex Inc 06302015 12012015 | 1 |
c. Damages under Coverage B and d. Supplementary Payments. 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 operations hazard. 4. Subject to 2. above the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to 2 or 3. above 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 damage arising out of any one occurrence. 6. Subject to 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 case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. 8. All Limits of Insurance described in this Section lll shall be inclusive of Supplementary Payments as described in Section I herein. The Limits of Insurance in 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 obligations 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 possible notice should include GL 652 003 0615 Paae 18 of 21 Page 18 of 21 MWwWZy 305280 Molex Inc 06302015 12012015 | 1 |
1 How when and where the occurrence or offense took place The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. 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 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved Insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit Authorize us to obtain records and other information 3 Cooperate with us in the investigation settiement or defense of the claim or suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the Insured because of injury or damage to which this insurance may also apply. d. No Insured will except at that Insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 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 applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the Insured and the claimant or the claimant s legal representative. GL 652 003 0615 Page 19 of 21 MWwWZy 305280 Molex Inc 06302015 12012015 | 1 |
4. Other Insurance If other valid and collectible insurance is available to the Insured for a loss we cover under Coverages A B or C of this Coverage Part our obligations are limited as follows a. This insurance is excess over any other insurance whether primary excess contingent or any other basis. b. When explicitly required by written contract this insurance shall be primary unless any other insurance is also primary. If there is other primary insurance we will share by the method described in d. below. c. Unless required by an insured contract or an applicable law or statute this insurance will not cover any occurrence if any other insurance covers such occurrence. d. Method of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable 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 limit of insurance to the total applicable limits of insurance of all insurers. 5. 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. 6. 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 insurance 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. 7. 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 insured must do nothing after loss to impair them. GL 652 003 0615 Paae 20 of 21 Page 20 of 21 MWwWZy 305280 Molex Inc 06302015 12012015 | 1 |
At our request the insured will bring suit or transfer those rights to us and help us enforce them. 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 ninety 90 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. Unintentional Failure To Disclose Hazards Based on our reliance on your representations as to existing hazards if unintentionally you should fail to disclose all such hazards at the inception date of your policy we will not deny coverage under this Coverage Part because of such failure. GL 652 003 0615 Page 21 of 21 MWwWZy 305280 Molex Inc 06302015 12012015 | 1 |
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IL10 1206 OLD REPUBLIC INSURANCE COMPANY LIMITATION OF COVERAGE Irrespective of anything to the contrary herein We will have no obligations of any kind under or arising out of the Policy as to any claim suit or other matter against any insured hereunder including but not limited to any Named Insured Additional Insured or Additional Named Insured except and only to the extent that a c with respect to such claim suit or other matter the Named Insured is required to maintain the insurance coverage provided under the Policy for either the Named Insured or any other insured because of i a valid and enforceable express written contract or agreement i a binding and applicable law or regulation or iii a final and non appealable judgment or adjudication. With respect to insurance coverage provided pursuant to 1. a above such coverage shall only apply up to the amount or limits of insurance required by the aforesaid conditions of sub paragraphs 1.ai ii or iii. It is understood and agreed that this Endorsement shall not expand coverage in any respect including but not limited to the amount or limits of such coverage otherwise afforded by the other terms and conditions and conditions of the Policy including endorsements thereto GL 652 004 0615 Page 1 of 1 MWwWZy 305280 Molex Inc 06302015 12012015 | 2 |
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