Notice (2020-04-27)
- Date
- 2020-04-27
Summary
Exhibit 1, Document 1-1 in Case 6:20-cv-03127-SRB, filed April 27, 2020, is a 187-page commercial insurance policy issued by The Cincinnati Casualty Company. The CinciPak for Service Industry declarations name Studio 417, Inc as the named insured and list a policy period from 09-08-2018 to 09-08-2021 for all coverages except automobile. The policy lists its forms, including commercial property, general liability, employment practices, crime and fidelity, cosmetologists and barbers professional liability, business auto and commercial umbrella coverage parts. It sets out common policy conditions on cancellation, changes, audits and inspections, a schedule of three locations in Springfield, Missouri, a special per occurrence deductible endorsement and Missouri cancellation and nonrenewal changes. It closes with a Missouri endorsement stating that punitive damages are insurable in Missouri.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
Exhibit 1
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 1 of 187
The Cincinnati Casualty Company
A Stock Insurance Company
Headquarters: 6200 S. Gilmore Road, Fairfield, OH 45014-5141
Mailing address: P.O. Box 145496, Cincinnati, OH 45250-5496
www.cinfin.com n 513-870-2000
NEW
Previous Policy Number
CinciPak™
FOR SERVICE INDUSTRY
COMMON POLICY DECLARATIONS
Billing Method: DIRECT BILL
ECP 050 41 58 / EBA 050 41 58
POLICY NUMBER
NAMED INSURED STUDIO 417, INC DBA STUDIO 417 SALON; 417 BLOW DRY BAR
2144 E REPUBLIC RD
ADDRESS A104
(Number & Street, SPRINGFIELD, MO 65804-4623
Town, County,
State & Zip Code)
Policy Period: At 12:01 A.M., STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE
All coverages except Automobile and / or Garage
Policy number: ECP 050 41 58 FROM: 09-08-2018 TO: 09-08-2021
Automobile and / or Garage
Policy number: EBA 050 41 58 FROM: 09-08-2018 TO: 09-08-2019
Agency OLLIS/AKERS/ARNEY 24-019
City SPRINGFIELD, MO
Legal Entity / Business Description
ORGANIZATION (ANY OTHER)
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.
FORMS APPLICABLE TO ALL COVERAGE PARTS:
IL0017 11/98 COMMON POLICY CONDITIONS
ICP101 05/11 CINCIPAK™ SUMMARY OF PREMIUMS CHARGED
IA904 04/04 SCHEDULE OF LOCATIONS
IA4236 01/15 POLICYHOLDER NOTICE TERRORISM INSURANCE COVERAGE
IA4427 02/13 NOTICE OF LOSS CONTROL SERVICES
IP446 08/01 NOTICE TO POLICYHOLDERS
IA4006 07/10 SPECIAL PER OCCURRENCE DEDUCTIBLE ENDORSEMENT
IA4116MO 06/16 MISSOURI CHANGES - CANCELLATION AND NONRENEWAL
IA4215MO 02/14 MISSOURI CHANGES
IA4238 01/15 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM
IA4338 05/11 SIGNATURE ENDORSEMENT
IA4457MO 06/16 ACKNOWLEDGEMENT OF DEFENSE COSTS INCLUDED WITHIN THE LIMITS OF
INSURANCE - MISSOURI
IP412 12/92 IMPORTANT INFORMATION TO POLICYHOLDERS
FMQ502 07/08 COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS
GAQ532 07/08 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS
GAQ531MO 07/08 CLAIMS MADE EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM
DECLARATIONS
MAQ573 06/07 ELECTRONIC DATA PROCESSING EQUIPMENT COVERAGE FORM DECLARATIONS
ICPQ518 07 11 Page 1 of 2
ECP 050 41 58 / EBA 050 41 58
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 2 of 187
FORMS APPLICABLE TO ALL COVERAGE PARTS:
CAQ516 03/09 CRIME AND FIDELITY COVERAGE PART DECLARATIONS (COMMERCIAL
ENTITIES)
PAQ540 12/10 COSMETOLOGISTS AND BARBERS PROFESSIONAL LIABILITY COVERAGE PART
DECLARATIONS
AAQ505 03/06 BUSINESS AUTO COVERAGE PART DECLARATIONS
USQ513 05/10 COMMERCIAL UMBRELLA LIABILITY COVERAGE PART DECLARATIONS
HC502 01/18 CINCINNATI DATA DEFENDER™ COVERAGE PART DECLARATIONS
09-17-2018 13:42
Countersigned By
(Date) (Authorized Representative)
ICPQ518 07 11 Page 2 of 2
ECP 050 41 58 / EBA 050 41 58
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 3 of 187
COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions.
A. Cancellation b. Give you reports on the conditions
we find; and
1. The first Named Insured shown in the
Declarations may cancel this policy by c. Recommend changes.
mailing or delivering to us advance writ-
ten notice of cancellation. 2. We are not obligated to make any in-
spections, surveys, reports or recom-
2. We may cancel this policy by mailing or mendations and any such actions we do
delivering to the first Named Insured undertake relate only to insurability and
written notice of cancellation at least: the premiums to be charged. We do not
make safety inspections. We do not un-
a. 10 days before the effective date of dertake to perform the duty of any person
cancellation if we cancel for non- or organization to provide for the health
payment of premium; or or safety of workers or the public. And
b. 30 days before the effective date of we do not warrant that conditions:
cancellation if we cancel for any a. Are safe or healthful; or
other reason.
b. Comply with laws, regulations, codes
3. We will mail or deliver our notice to the or standards.
first Named Insured's last mailing address
known to us. 3. Paragraphs 1. and 2. of this condition
apply not only to us, but also to any rat-
4. Notice of cancellation will state the effec- ing, advisory, rate service or similar or-
tive date of cancellation. The policy pe- ganization which makes insurance in-
riod will end on that date. spections, surveys, reports or recom-
5. If this policy is cancelled, we will send the mendations.
first Named Insured any premium refund 4. Paragraph 2. of this condition does not
due. If we cancel, the refund will be pro apply to any inspections, surveys, reports
rata. If the first Named Insured cancels, or recommendations we may make rela-
the refund may be less than pro rata. tive to certification, under state or munici-
The cancellation will be effective even if pal statutes, ordinances or regulations, of
we have not made or offered a refund. boilers, pressure vessels or elevators.
6. If notice is mailed, proof of mailing will be E. Premiums
sufficient proof of notice.
The first Named Insured shown in the Decla-
B. Changes rations:
This policy contains all the agreements be- 1. Is responsible for the payment of all pre-
tween you and us concerning the insurance miums; and
afforded. The first Named Insured shown in
the Declarations is authorized to make 2. Will be the payee for any return premi-
changes in the terms of this policy with our ums we pay.
consent. This policy's terms can be amended
or waived only by endorsement issued by us F. Transfer of Your Rights and Duties Under
and made a part of this policy. this Policy
C. Examination of Your Books and Records Your rights and duties under this policy may
not be transferred without our written consent
We may examine and audit your books and except in the case of death of an individual
records as they relate to this policy at any named insured.
time during the policy period and up to three
years afterward. If you die, your rights and duties will be
transferred to your legal representative but
D. Inspections and Surveys only while acting within the scope of duties as
your legal representative. Until your legal rep-
1. We have the right to: resentative is appointed, anyone having
a. Make inspections and surveys at any proper temporary custody of your property will
time; have your rights and duties but only with re-
spect to that property.
IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 4 of 187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SCHEDULE OF LOCATIONS
LOC. STREET ADDRESS CITY STATE ZIP CODE
1 2144 E REPUBLIC RD
A104
SPRINGFIELD, MO 65804-4623
2 444 W MCDANIEL ST
SPRINGFIELD, MO 65806-2030
3 4303 S NATIONAL AVE
SPRINGFIELD, MO 65810-2607
IA 904 04 04
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 5 of 187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SPECIAL PER OCCURRENCE DEDUCTIBLE ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL PROPERTY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
CRIME AND FIDELITY COVERAGE PART
A. Special Per Occurrence Deductible
1. If an "occurrence" happens to Covered Property under the Commercial Property Coverage Part and
to Covered Property under at least one of the following:
a. The Commercial Inland Marine Coverage Part, and
b. The Crime and Fidelity Coverage Part;
the most we will deduct from any loss or damage in any one "occurrence" is the deductible indicated
on the COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS.
2. This endorsement does not apply to any of the forms listed in Paragraphs a. and b.:
a. * Electronic Data Processing Coverage Form, Section III, 2. Deductible, a.(2) Specified
Losses Deductible
* Water Backup from Sewers, Drains, Septic Systems or Sump Pumps Endorsement
Windstorm or Hail Percentage Deductible Form
Earthquake and Volcanic Eruption Endorsement
Earthquake and Volcanic Eruption Endorsement (Sub-Limit Form)
Flood Coverage Endorsement
Equipment Breakdown Coverage (Including Production Equipment)
Equipment Breakdown Coverage (Excluding Production Equipment)
* Temperature Change Coverage Form
Commercial Crime Coverage Form, A. Insuring Agreements, 1. Employee Theft, 2. Forgery
or Alteration, 6. Computer Fraud and 7. Funds Transfer Fraud
Crime Expanded Coverage (XC® ) Coverage or Expanded Coverage Plus Forms, A.
Insuring Agreements, 1. Employee Theft and 2. Forgery or Alteration
Government Crime Coverage Form, A. Insuring Agreements, 1. Employee Theft - Per Loss
Coverage, 2. Employee Theft - Per Employee Coverage, 3. Forgery or Alteration, 7.
Computer Fraud and 8. Funds Transfer Fraud
* Or such coverage as provided in the CinciPlus® Commercial Property or Commercial Property
Power Expanded Coverage or Expanded Coverage Plus Forms
b. Other
IA 4006 07 10 Page 1 of 2
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 6 of 187
B. Definition
For the purpose of this endorsement only, any definition of "occurrence" is deleted in its entirety and the
following definition is added to:
1. COMMERCIAL PROPERTY CONDITIONS,
2. COMMERCIAL INLAND MARINE CONDITIONS,
3. COMMERCIAL CRIME COVERAGE FORM,
4. CRIME EXPANDED COVERAGE (XC® ) COVERAGE FORM, and
5. GOVERNMENT CRIME COVERAGE FORM:
"Occurrence" means all loss, damage, or a sequence of loss or damage, casualties or disasters arising
from a single happening or event.
IA 4006 07 10 Page 2 of 2
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 7 of 187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MISSOURI CHANGES - CANCELLATION AND NONRENEWAL
This endorsement modifies insurance provided under the following:
CINCINNATI CYBER DEFENSE™ COVERAGE PART
CINCINNATI DATA DEFENDER™ COVERAGE PART
CINCINNATI NETWORK DEFENDER™ COVERAGE PART
CLAIMS-MADE EXCESS LIABILITY COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL OUTPUT POLICY COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
COMMERCIAL UMBRELLA LIABILITY COVERAGE PART
CONTRACTORS ERRORS AND OMISSIONS COVERAGE FORM CLAIMS-MADE
CONTRACTORS' LIMITED POLLUTION LIABILITY COVERAGE FORM
CRIME AND FIDELITY COVERAGE PART
ELECTRONIC DATA LIABILITY COVERAGE PART
EMPLOYMENT PRACTICES LIABILITY COVERAGE PART
EXCESS LIABILITY COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
MACHINERY AND EQUIPMENT COVERAGE PART
MANUFACTURER'S ERRORS AND OMISSIONS COVERAGE FORM CLAIMS-MADE
MORTGAGE HOLDER'S INSURANCE COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
PRODUCTS WITHDRAWAL COVERAGE PART
PROFESSIONAL LIABILITY COVERAGE PART
PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART
PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART - CLAIMS-MADE
SEPTIC SYSTEMS DESIGN AND INSPECTION ERRORS AND OMISSIONS COVERAGE PART
A. When this endorsement is attached to the COMMERCIAL UMBRELLA LIABILITY
Standard Property Policy CP 00 99 the term COVERAGE PART
Commercial Property Coverage Part in this CONTRACTORS ERRORS AND
endorsement also refers to the Standard OMISSIONS COVERAGE FORM
Property Policy. CONTRACTORS' LIMITED POLLUTION
LIABILITY COVERAGE PART
B. With respect to the: CRIME AND FIDELITY
CINCINNATI CYBER DEFENSE™ COVERAGE PART
COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE
CINCINNATI DATA DEFENDER™ PART
COVERAGE PART EMPLOYMENT PRACTICES LIABILITY
CINCINNATI NETWORK DEFENDER™ COVERAGE PART
COVERAGE PART EXCESS LIABILITY COVERAGE PART
CLAIMS-MADE EXCESS LIABILITY FARM LIABILITY COVERAGE FORM
COVERAGE PART LIQUOR LIABILITY COVERAGE PART
COMMERCIAL GENERAL LIABILITY MACHINERY AND EQUIPMENT
COVERAGE PART COVERAGE PART
COMMERCIAL INLAND MARINE MANUFACTURER'S ERRORS AND
COVERAGE PART OMISSIONS COVERAGE FORM
COMMERCIAL OUTPUT POLICY CLAIMS-MADE
COVERAGE PART MORTGAGE HOLDER'S INSURANCE
COMMERCIAL PROPERTY - LEGAL COVERAGE PART
LIABILITY COVERAGE FORM CP 00 40 POLLUTION LIABILITY COVERAGE PART
COMMERCIAL PROPERTY - MORTGAGE PRODUCTS/COMPLETED OPERATIONS
HOLDERS ERRORS AND OMISSIONS LIABILITY COVERAGE PART
COVERAGE FORM CP 00 70 PRODUCTS WITHDRAWAL COVERAGE
PART
Includes copyrighted material of Insurance
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 8 of 187
PROFESSIONAL LIABILITY COVERAGE NONRENEWAL
PART
PROFESSIONAL UMBRELLA LIABILITY 2. The following is added and supersedes
COVERAGE PART any provision to the contrary:
PROFESSIONAL UMBRELLA LIABILITY a. We may elect not to renew this policy
COVERAGE PART - CLAIMS-MADE by mailing or delivering to the first
SEPTIC SYSTEMS DESIGN AND Named Insured, at the last mailing
INSPECTION ERRORS AND OMISSIONS address known to us, written notice
COVERAGE PART of nonrenewal, stating the actual rea-
The following Cancellation and Nonrenewal son for nonrenewal, at least sixty
provisions apply: days prior to:
1. The Cancellation Common Policy Condi- (1) The expiration date of this
tion is amended as follows: policy: or
Paragraph 2. is replaced by the following: (2) The anniversary date of this
policy, if the policy is written
2. We may cancel this policy by mailing for a term of more than one
or delivering to the first Named In- year.
sured written notice of cancellation,
stating the actual reason for cancella- b. If notice is mailed, proof of mailing
tion, at least: will be sufficient proof of notice.
a. 10 days before the effective date C. With respect to the:
of cancellation if we cancel for COMMERCIAL PROPERTY COVERAGE
nonpayment of premium; PART
b. 30 days before the effective date FARM PROPERTY COVERAGE FORM
of cancellation if cancellation is FARM - LIVESTOCK COVERAGE FORM
for one or more of the following FARM - MOBILE AGRICULTURAL
reasons: MACHINERY AND EQUIPMENT
COVERAGE FORM;
(1) Fraud or material misrepre-
sentation affecting this poli- The Cancellation Common Policy Condition
cy or a claim filed under this is replaced by the following:
policy or a violation of any CANCELLATION, NONRENEWAL AND DE-
of the terms or conditions of CREASES IN COVERAGE
this policy;
1. The first Named Insured shown in the
(2) Changes in conditions after Declarations may cancel this policy by
the effective date of this pol- mailing or delivering to us advance written
icy which have materially notice of cancellation.
increased the risk assumed;
2. We may cancel, reduce in amount, or ad-
(3) We become insolvent; or, versely modify this policy by mailing or
(4) We involuntarily lose rein- delivering to the first Named Insured writ-
surance for this policy. ten notice of this action at least:
c. 60 days before the effective date a. 10 days before the effective date of
of cancellation if we cancel for this action if due to nonpayment of
any other reason. premium or evidence of incendiarism;
or
Paragraph 7. is added as follows:
b. 60 days before the effective date of
7. For insureds that must demonstrate this action if for any other reason.
financial responsibility for compen-
sating third parties for bodily injury 3. If we decide not to renew this policy, we
and property damage caused by the will mail or deliver written notice of nonre-
release of liquefied petroleum gas, newal to the first Named Insured at least
we will mail or deliver written notice sixty days prior to:
of cancellation to the Missouri Pro- a. The expiration date of this policy; or
pane Gas Commission at the same
time such a notice is provided to the b. The anniversary date of this policy, if
first Named Insured. the policy is written for a term of
more than one year.
Includes copyrighted material of Insurance
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 9 of 187
4. We will mail or deliver our notice to the 6. If this policy is cancelled, not renewed,
first Named Insured's last mailing address reduced in amount or adversely modified,
known to us. we will send the first Named Insured any
premium refund due. The refund will be
5. Notice of: pro rata. This action will be effective even
a. Cancellation will state the effective if we have not made or offered a refund.
date of cancellation. The policy peri- 7. If notice is mailed, proof of mailing will be
od will end on that date. sufficient proof of notice.
b. Any other action will state the effec-
tive date of that action.
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 10 of 187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MISSOURI CHANGES
This endorsement modifies insurance provided under the following:
CAUSES OF LOSS FORM - FARM PROPERTY
COMMERCIAL PROPERTY COVERAGE PART
FARM PROPERTY - OTHER FARM PROVISIONS FORM - ADDITIONAL COVERAGES, CONDITIONS,
DEFINITIONS
LIVESTOCK COVERAGE FORM
MOBILE AGRICULTURAL MACHINERY AND EQUIPMENT COVERAGE FORM
MORTGAGE HOLDER'S COVERAGE PART
A. When this endorsement is attached to the 3. Need more time to determine wheth-
Standard Property Policy CP 00 99 the terms er your claim should be accepted or
Coverage Form and Coverage Part in this en- denied.
dorsement are replaced by the term Policy.
If we deny your claim, such notice will be
B. If partial loss ("loss") or damage to Covered in writing, and will state any policy provi-
Property is caused by or results from fire, Par- sion, condition or exclusion used as a ba-
agraph a., of the Loss Payment Loss Condi- sis for the denial.
tion is replaced by the following:
If we need more time to determine wheth-
LOSS PAYMENT er your claim should be accepted or de-
nied, the written notice will state the rea-
In the event of partial loss ("loss") or damage son(s) why more time is needed.
caused by or resulting from fire, and covered
by this Coverage Part, at your option, we will If we have not completed our investiga-
either: tion, we will notify you again in writing,
within 45 days after the date the initial no-
1. Pay you an amount of money equal to the tice is sent informing you that we need
damage done; or more time to determine whether your
2. Repair the damage, so that the property is claim should be accepted or denied and
in as good a condition as before the fire. thereafter every 45 days. The written no-
tice shall state why more time is needed
But we will not pay more than the Limit of In- to investigate your claim.
surance.
D. Except as provided in E. below, the Appraisal
C. The following provision replaces: Loss Condition is replaced by the following:
1. Paragraph c. of the Loss Payment Loss APPRAISAL
Condition in the Commercial Property
Coverage Part; and If we and you disagree on the value of the
property or the amount of loss ("loss"), either
2. Paragraph d. of the Loss Payment Loss may make written demand for an appraisal of
Condition in the Farm Property - Other the loss ("loss"). In this event, each party will
Farm Provisions Form - Additional Cover- select a competent and impartial appraiser
ages, Conditions, Definitions and Para- and notify the other of the appraiser selected
graph c. of the Loss Payment Loss Con- within 20 days of the written demand for ap-
dition in the Mobile Agricultural Machinery praisal. The two appraisers will select an um-
and Equipment Coverage Form and Live- pire. If they cannot agree upon an umpire with-
stock Coverage Form: in 15 days, then, upon your or our request, an
umpire shall be selected by a judge of a court
In the event of loss ("loss") or damage of record in the state and county (or city if the
covered under this Coverage Part, we will city is not within a county) in which the property
give you notice, within 15 working days af- covered is located. The appraisers will state
ter we receive a properly executed proof separately the value of the property and
of loss, that we: amount of loss ("loss"). If they fail to agree,
1. Accept your claim; they will submit their differences to the umpire.
The umpire shall make an award within 30
2. Deny your claim; or days after the umpire receives the appraisers'
submissions of their differences. A decision
agreed to by any two will be binding.
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 11 of 187
Each party will: 1. Legal Action Against Us Loss Condition
in the Legal Liability Coverage Form; or
1. Pay its chosen appraiser; and
2. Legal Action Against Us Condition ap-
2. Bear the other expenses of the appraisal plicable to Coverages C and D in the
and umpire equally. Mortgageholders Errors and Omission
If there is an appraisal, we will still retain our Coverage Form.
right to deny the claim. H. Missouri Property and Casualty Insurance
E. The Appraisal Condition in: Guaranty Association Coverage Limita-
tions
1. Business Income (and Extra Expense)
Coverage Form FA 213; and 1. Subject to the provisions of the Missouri
Property and Casualty Insurance Guar-
2. Business Income (Without Extra Ex- anty Association Act (to be referred to as
pense) Coverage Form FA 212; the Act), if we are a member of the Mis-
souri Property and Casualty Insurance
is replaced by the following: Guaranty Association (to be referred to as
APPRAISAL the Association), the Association will pay
claims covered under the Act if we be-
If we and you disagree on the amount of Net come insolvent.
Income and operating expense or the amount
of loss, either may make written demand for 2. The Act contains various exclusions, con-
an appraisal of the loss. In this event, each ditions and limitations that govern a
party will select a competent and impartial ap- claimant's eligibility to collect payment
praiser and notify the other of the appraiser from the Association and affect the
selected within 20 days of the written demand amount of any payment. The following
for appraisal. The two appraisers will select an limitations apply subject to all other provi-
umpire. If they cannot agree upon an umpire sions of the Act:
within 15 days, then upon your or our request, a. Claims covered by the Association do
an umpire shall be selected by a judge of a not include a claim by or against an
court of record in the state and county (or city insured of an insolvent insurer, if the
if the city is not with a county) in which the insured has a net worth of more than
property covered is located. The appraisers $25 million on the later of the end of
will state separately the amount of Net Income the insured's most recent fiscal year
and operating expense or the amount of loss. or the December thirty-first of the
If they fail to agree, they will submit their dif- year next preceding the date the in-
ferences to the umpire. The umpire shall make surer becomes insolvent; provided
an award within 30 days after the umpire re- that an insured's net worth on such
ceives the appraisers' submissions of their dif- date shall be deemed to include the
ferences. A decision agreed to by any two will aggregate net worth of the insured
be binding. Each party will: and all of its affiliates as calculated
1. Pay its chosen appraiser; and on a consolidated basis.
2. Bear the other expenses of the appraisal b. Payments made by the Association
and umpire equally. for covered claims will include only
that amount of each claim which is
If there is an appraisal, we will still retain our less than $300,000.
right to deny the claim.
However, the Association will not:
F. The Legal Action Against Us Condition is
replaced by the following: (1) Pay an amount in excess of the
applicable limit of insurance of
LEGAL ACTION AGAINST US the policy from which a claim
arises; or
No one may bring a legal action against us
under this Coverage Part unless: (2) Return to an insured any un-
earned premium in excess of
1. There has been full compliance with all of $25,000.
the terms of this Coverage Part; and
These limitations have no effect on the
2. The action is brought within 10 years after coverage we will provide under this policy.
the date on which the direct physical loss
("loss") or damage occurred. I. For the Commercial Property Coverage Part,
the following exclusion and related provisions
G. Paragraph F. above does not apply to the: are added to Paragraph B.2. Exclusions in
the Causes of Loss Forms and to any cover-
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 12 of 187
age Form or policy to which a Causes of Loss b. A pledge to cooperate in any criminal
Form is not attached: prosecution of the person committing
the act causing the loss ("loss").
1. We will not pay for loss or damage arising
out of any act committed: 3. If we pay a claim pursuant to Paragraph
J.2., our payment to the innocent co-
a. By or at the direction of any insured; "insured" will be limited to that insured's
and ownership interest in the property as re-
b. With the intent to cause a loss. duced by any payment to a mortgagee or
other secured interest; however, we shall
2. However, this exclusion will not apply to not be required to make any subsequent
deny coverage to an innocent co-insured payment for any loss ("loss") for which the
who did not cooperate in or contribute to innocent co-"insured" has received pay-
the creation of the loss, provided the loss ment. In no event will we pay more than
is otherwise covered under this Coverage the Limit of Insurance.
Part and the loss arose out of domestic
violence. Such coverage will be provided K. The following is added to the Transfer of
only if the innocent co-insured files a po- Rights of Recovery Against Others to Us
lice report and completes a sworn affidavit Condition:
indicating both: If we pay an innocent co-"insured" for loss
a. The cause of the loss; and ("loss") arising out of an act of domestic vio-
lence by another "insured", the rights of the in-
b. A pledge to cooperate in any criminal nocent co-"insured" to recover damages from
prosecution of the person committing the abuser are transferred to us to the extent
the act causing the loss. of our payment. Following the loss ("loss"), the
innocent co-"insured" may not waive such right
3. If we pay a claim pursuant to Paragraph to recover against the abuser.
I.2., our payment to the innocent co-
insured will be limited to that insured's L. The following is added with respect to the Ad-
ownership interest in the property as re- ditional Coverages of Debris Removal and
duced by any payment to a mortgagee or Pollutant Clean Up and Removal, and relates
other secured interest; however, we shall only to the requirement to report expenses to
not be required to make any subsequent us within 180 days of the specified occurrence:
payment for any loss for which the inno-
cent co-insured has received payment. In If you fail to report the expenses to us within
no event will we pay more than the Limit the 180-day timeframe, such failure will not in-
of Insurance. validate a claim under Debris Removal or Pol-
lutant Clean Up and Removal unless such fail-
J. The Intentional Loss Exclusion in the Caus- ure operates to prejudice our rights.
es of Loss Form - Farm Property, Mobile Agri-
cultural Machinery and Equipment Coverage M. When the:
Form and Livestock Coverage Form is re- 1. Replacement Cost Optional Coverage in
placed by the following: the Commercial Property Coverage Part;
1. We will not pay for loss ("loss") or dam- 2. Coverage A Valuation Loss Condition in
age arising out of any act committed: the Farm Property - Farm Dwellings, Ap-
a. By or at the direction of any "insured"; purtenant Structures and Household Per-
and sonal Property Coverage Form; or
b. With the intent to cause a loss 3. Valuation - Property Other Than Im-
("loss"). provements and Betterments Loss
Condition in the Farm Property - Barns,
2. However, this exclusion will not apply to Outbuildings and Other Farm Structures
deny coverage to an innocent co-"insured" Coverage Form;
who did not cooperate in or contribute to
the creation of the loss ("loss"), provided applies, the following is added with respect to
the loss ("loss") is otherwise covered un- these provisions and relates only to the re-
der this Coverage Form and the loss quirement to notify us of your intent to submit
("loss") arose out of domestic violence. an additional claim (for the difference between
Such coverage will be provided only if the the actual cash value and replacement cost)
innocent co-"insured" files a police report within 180 days after the loss or damage oc-
and completes a sworn affidavit indicating curs:
both: If you fail to notify us of your intent within the
a. The cause of the loss ("loss"); and 180-day timeframe, such failure will not invali-
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 13 of 187
date the claim unless such failure operates to your legal representative is appointed, an-
prejudice our rights. yone having proper temporary custody of
your property will have your rights and du-
N. The Transfer of Your Rights and Duties ties, but only with respect to that property.
Under This Policy Common Policy Condition Your rights and duties under this policy
is replaced by the following: may not be transferred without our written
1. Transfer By Beneficiary Deed consent except in the case of death of an
individual Named Insured.
If you convey real property insured under
this policy to a person (known as a grantee O. Under Debris Removal and Mandated De-
beneficiary) designated under a beneficiary contamination, if any, are amended to in-
deed, which has been properly recorded clude the following:
prior to your death, that person will have However, your failure to report these expenses
your rights and duties with respect to the to us in writing within 180 days from the date
insured real property, but only for the pe- the covered peril occurs, will not be reason to
riod from the date of your death until the deny your claim unless your failure to meet the
first of the following occurs: notice requirement operates to prejudice our
a. A period of 30 days from the date of rights under this policy.
your death; P. Under IDENTITY RECOVERY COVERAGE
b. The date that alternative coverage is FOR BUSINESS OWNERS WITH CASE
obtained on your property; or MANAGEMENT SERVICES AND EXPENSE
REIMBURSEMENT, if any, is amended to in-
c. The end of the policy period as clude the following:
shown in the Declarations.
However, your failure to report these expenses
2. Transfer By Other Means Following to us within 30 days from the date the covered
Death peril occurs, will not be reason to deny your
claim unless your failure to meet the notice re-
If you die, your rights and duties will be quirements operates to prejudice our rights
transferred to your legal representative under this policy.
but only while acting within the scope of
duties as your legal representative. Until
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 14 of 187
SIGNATURE ENDORSEMENT
IN WITNESS WHEREOF, this policy has been signed by our President and Secretary in the City of Fairfield,
Ohio, but this policy shall not be binding upon us unless countersigned by an authorized representative of
ours. The failure to countersign does not void coverage in Arizona, Virginia and Wisconsin.
Secretary President
The signature on any form, endorsement, policy, declarations, jacket or application other than the signature of
the President or Secretary named above is deleted and replaced by the above signatures.
IA 4338 05 11
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 15 of 187
ACKNOWLEDGMENT OF DEFENSE COSTS INCLUDED
WITHIN THE LIMITS OF INSURANCE - MISSOURI
This form must be signed by an authorized representative of the first Named Insured listed in the Declarations
of the policy referenced below and returned to your agent. The following Coverage Parts contain defense costs
within the Limits of Insurance. One or more of these Coverage Parts is a part of your policy.
TM
CINCINNATI CYBER DEFENSETM
CINCINNATI DATA DEFENDER TM
CINCINNATI NETWORK DEFENDER
I understand and acknowledge that this policy contains a Defense Within Limits Provision which means that
defense costs will reduce my limits of insurance and may exhaust them completely and should that occur, I
shall be liable for any further legal defense costs and damages.
Defense costs means reasonable and necessary fees, costs and expenses consented to by the insured
resulting solely from the investigation, legal defense and legal appeal of a claim against the insured, but
excluding salaries of officers and employees of the insurer.
POLICY NUMBER: ECP 050 41 58
AGENT: OLLIS/AKERS/ARNEY 24-019
NAMED INSURED(S):
STUDIO 417, INC DBA STUDIO 417 SALON; 417 BLOW DRY BAR
PRINTED NAME OF INDIVIDUAL AUTHORIZED TO SIGN TITLE
Signature Date Signed:
IA 4457 MO 06 16
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 16 of 187
IMPORTANT INFORMATION TO POLICYHOLDERS
In the event you need to contact someone about this policy for any reason, please contact your agent. If you
have additional questions, you may contact the insurance company issuing this policy at the following ad-
dress or telephone collect:
The Cincinnati Insurance Company
P.O. Box 145496
Cincinnati, Ohio 45250-5496
Telephone (513) 870-2278
The Cincinnati Casualty Company
P.O. Box 145496
Cincinnati, Ohio 45250-5496
Telephone (513) 870-2278
The Cincinnati Indemnity Company
P.O. Box 145496
Cincinnati, Ohio 45250-5496
Telephone (513) 870-2278
The Cincinnati Life Insurance Company
P.O. Box 145496
Cincinnati, Ohio 45250-5496
Telephone (513) 870-2000
IP 412 12 92
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 17 of 187
THE CINCINNATI CASUALTY COMPANY
A Stock Insurance Company
COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS
Attached to and forming part of POLICY NUMBER: ECP 050 41 58
Named Insured is the same as it appears on the Common Policy Declarations unless otherwise stated here.
Loc. (address)
REFER TO IA904
OPTIONAL COVERAGES
COVERAGE PROVIDED Applicable only when an entry is made
Coin- Covered Business
surance Cause Of Income
Item Coverage Limits Loss Indemnity
Replace-
Inflation Replace- ment Cost Agreed Monthly Maximum Extended
Guard ment Cost Incl. Stock Value Limit Period Period
(%) (x) (x) (x) (fraction) (X) (Days)
1 BUSINESS INCOME 12 MONTHS ALS SPECIAL
W/EXTRA EXPENSE (a) EQ
1-1 BUSINESS PERSONAL 662,001 90% SPECIAL X
PROPERTY EQ
2 BUSINESS INCOME 12 MONTHS ALS SPECIAL
W/EXTRA EXPENSE (a) EQ
2-1 BUILDING 488,612 90% SPECIAL 2% X
EQ
3 BUSINESS INCOME 12 MONTHS ALS SPECIAL
W/EXTRA EXPENSE (a) EQ
3-1 BUSINESS PERSONAL 15,000 90% SPECIAL X
PROPERTY EQ
DEDUCTIBLE: Redacted
EARTHQUAKE DEDUCTIBLE: 10%
MORTGAGE HOLDER
Item Name and Address
2-1 GREAT SOUTHERN BANK
PO BOX 3106
COPPELL, TX 75019-9106
FORMS AND / OR ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART:
FM101 05/16 BUILDING AND PERSONAL PROPERTY COVERAGE FORM (INCLUDING SPECIAL CAUSES
OF LOSS)
FCP407 05/16 CINCIPLUS® CINCIPAK™ PROPERTY POWER XC+® (EXPANDED COVERAGE PLUS)
ENDORSEMENT SUMMARY OF COVERAGE LIMITS
FCP201 05/16 CINCIPAK™ COMMERCIAL PROPERTY AMENDATORY ENDORSEMENT
FCP202 05/16 CINCIPAK™ BUSINESS INCOME (AND EXTRA EXPENSE) AMENDATORY ENDORSEMENT
FCP203 05/16 CINCIPAK™ ACTUAL LOSS SUSTAINED BUSINESS INCOME ENDORSEMENT
FCP215 05/16 CINCIPLUS® CINCIPAK™ PROPERTY POWER XC+® (EXPANDED COVERAGE PLUS)
ENDORSEMENT
CP0128 07/00 MISSOURI - CALCULATION OF ADDITIONAL PREMIUM
FA4028MO 10/05 MISSOURI CHANGES - NUCLEAR HAZARD EXCLUSION
FA450 05/16 COMMERCIAL PROPERTY CONDITIONS
FA480 02/16 LOSS PAYABLE PROVISIONS
FA244 05/11 EQUIPMENT BREAKDOWN COVERAGE (EXCLUDING PRODUCTION MACHINERY)
FMQ502 07 08 ECP 050 41 58 Page 1 of 2
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 18 of 187
FORMS AND / OR ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART:
FA213 05/16 BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE FORM
FA240 05/16 EARTHQUAKE AND VOLCANIC ERUPTION ENDORSEMENT
FMQ502 07 08 ECP 050 41 58 Page 2 of 2
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 19 of 187
BUILDING AND PERSONAL PROPERTY COVERAGE FORM
(INCLUDING SPECIAL CAUSES OF LOSS)
TABLE OF CONTENTS
Begins on Page
SECTION A. COVERAGE ............................................................................................................................3
1. Covered Property ...........................................................................................................................3
a. Building ..................................................................................................................................3
b. Outdoor Signs........................................................................................................................3
c. Outdoor Fences .....................................................................................................................3
d. Business Personal Property.................................................................................................3
2. Property Not Covered ....................................................................................................................4
a. Accounts, Deeds, Money or Securities ...............................................................................4
b. Animals...................................................................................................................................4
c. Automobiles...........................................................................................................................4
d. Contraband.............................................................................................................................4
e. Electronic Data....................................................................................................................... 4
f. Excavations, Grading & Backfilling.....................................................................................4
g. Foundations ...........................................................................................................................4
h. Land, Water or Growing Crops ............................................................................................4
i. Paved Surfaces......................................................................................................................4
j. Property While Airborne or Waterborne .............................................................................4
k. Pilings or Piers.......................................................................................................................4
l. Property More Specifically Insured .....................................................................................4
m. Retaining Walls......................................................................................................................4
n. Underground Pipes, Flues or Drains...................................................................................4
o. Valuable Papers & Records and Cost to Research............................................................5
p. Vehicles or Self-Propelled Machines...................................................................................5
q. Property While Outside of Buildings...................................................................................5
3. Covered Causes of Loss..............................................................................................................5
a. Covered Causes of Loss.......................................................................................................5
b. Exclusions..............................................................................................................................5
c. Limitations............................................................................................................................11
4. Additional Coverages.................................................................................................................13
a. Change in Temperature or Humidity .................................................................................13
b. Debris Removal....................................................................................................................13
c. Fire Department Service Charge........................................................................................14
d. Fire Protection Equipment Recharge ................................................................................14
e. Inventory or Appraisal ........................................................................................................14
f. Key and Lock Expense .......................................................................................................15
g. Ordinance or Law ................................................................................................................15
h. Pollutant Clean Up and Removal .......................................................................................16
i. Preservation of Property.....................................................................................................16
j. Rewards................................................................................................................................16
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TABLE OF CONTENTS (CONT'D)
Begins on Page
5. Coverage Extensions .................................................................................................................16
a. Accounts Receivable...........................................................................................................17
b. Business Income and Extra Expense................................................................................18
c. Collapse.................................................................................................................................21
d. Electronic Data.....................................................................................................................22
e. Exhibitions, Fairs or Trade Shows.....................................................................................23
f. Fences ..................................................................................................................................23
g. Fungi, Wet Rot, Dry Rot, and Bacteria - Limited Coverage.............................................23
h. Glass .....................................................................................................................................24
i. Newly Purchased, Leased or Constructed Property........................................................25
j. Nonowned Building Damage..............................................................................................26
k. Outdoor Property.................................................................................................................26
l. Personal Effects...................................................................................................................26
m. Property Off Premises.........................................................................................................27
n. Signs .....................................................................................................................................27
o. Trailers (Nonowned Detached)...........................................................................................27
p. Transportation .....................................................................................................................27
q. Utility Services.....................................................................................................................27
r. Valuable Papers and Records ............................................................................................28
s. Water Damage, Other Liquids, Powder or Molten Material Damage ..............................29
SECTION B. LIMITS OF INSURANCE.......................................................................................................29
SECTION C. DEDUCTIBLE........................................................................................................................29
1. Deductible Examples..................................................................................................................30
2. Glass Deductible.........................................................................................................................30
SECTION D. LOSS CONDITIONS .............................................................................................................30
1. Abandonment..............................................................................................................................30
2. Appraisal......................................................................................................................................30
3. Duties in the Event of Loss or Damage ....................................................................................30
4. Loss Payment..............................................................................................................................31
5. Recovered Property....................................................................................................................34
6. Vacancy........................................................................................................................................34
a. Description of Terms...........................................................................................................34
b. Vacancy Provisions.............................................................................................................34
7. Valuation ......................................................................................................................................34
SECTION E. ADDITIONAL CONDITIONS .................................................................................................35
1. Coinsurance ................................................................................................................................35
2. Mortgage Holders .......................................................................................................................36
SECTION F. OPTIONAL COVERAGES.....................................................................................................36
1. Agreed Value ...............................................................................................................................37
2. Inflation Guard ............................................................................................................................37
3. Replacement Cost.......................................................................................................................37
SECTION G. DEFINITIONS........................................................................................................................38
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BUILDING AND PERSONAL PROPERTY COVERAGE FORM
(INCLUDING SPECIAL CAUSES OF LOSS)
Various provisions in this policy restrict coverage. (a) Additions under construction, al-
Read the entire policy carefully to determine rights, terations and repairs to a cov-
duties and what is and is not covered. ered building;
Throughout this policy the words "you" and "your" (b) Materials, equipment, supplies
refer to the Named Insured shown in the Declara- and temporary structures, on or
tions. The words "we", "us" and "our" refer to the within 1,000 feet of the "premis-
Company providing this insurance. es", used for making additions,
alterations or repairs to a cov-
Other words and phrases that appear in quotation ered building.
marks have special meaning. Refer to SECTION
G. DEFINITIONS. b. Outdoor Signs
SECTION A. COVERAGE Your outdoor signs permanently installed
and not attached to a covered building,
We will pay for direct "loss" to Covered Property at and located within 1,000 feet of the
the "premises" caused by or resulting from any "premises".
Covered Cause of Loss.
c. Outdoor Fences
1. Covered Property
Your outdoor fences.
Covered Property, as used in this Coverage
Part, means the following types of property for d. Business Personal Property
which a Limit of Insurance is shown in the
Declarations: Your Business Personal Property consists
of the following property located in or on
a. Building the building or structure described in the
Declarations or in the open (or in a vehi-
Building, means the building or structure cle or portable storage unit) within 1,000
described in the Declarations, including: feet of the building or 1,000 feet of the
(1) Completed additions; "premises", whichever distance is greater.
Your Business Personal Property consists
(2) Fixtures, including outdoor fixtures; of the following unless otherwise specified
in the Declarations or on the BUSINESS
(3) Permanently installed: PERSONAL PROPERTY - SEPARA-
(a) Machinery and equipment; TION OF COVERAGE ENDORSEMENT.
(b) Building glass, including any let- (1) Furniture;
tering and ornamentation; (2) Machinery and equipment;
(c) Signs attached to a building or (3) "Stock";
structure that is Covered Proper-
ty; (4) All other personal property owned by
you and used in your business;
(d) Awnings and canopies;
(5) The cost of labor, materials or ser-
(4) Personal property owned by you that vices furnished or arranged by you
is used to maintain or service a cov- on personal property of others;
ered building or its "premises", in-
cluding: (6) Your use interest as tenant in im-
provements and betterments. Im-
(a) Fire extinguishing equipment; provements and betterments are fix-
(b) Outdoor furniture; tures, alterations, installations or ad-
ditions:
(c) Floor coverings; and
(a) Made a part of the building or
(d) Appliances used for refrigerat- structure you occupy but do not
ing, ventilating, cooking, dish- own; and
washing or laundering;
(b) You acquired or made at your
(5) If not covered by other insurance: expense but cannot legally re-
move;
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 22 of 187
(7) Leased personal property used in e. Electronic Data
your business for which you have a
contractual responsibility to insure. Except as provided in SECTION A.
Such leased property is not consid- COVERAGE, 5. Coverage Extensions,
ered personal property of others in d. Electronic Data, "Electronic data".
your care, custody or control; This Paragraph e. does not apply to your
"stock" of prepackaged software or to
(8) Personal Property of Others that is in "electronic data" which is integrated in
your care, custody or control or for and operates or controls the building's el-
which you are legally liable. evator, lighting, heating, ventilation, air
conditioning or security system.
(a) This does not include personal
effects owned by you, your offic- f. Excavations, Grading & Backfilling
ers, your partners, or if you are a
limited liability company, your The cost of excavations, grading, backfill-
members or your managers, or ing or filling;
your employees (including g. Foundations
leased and temporary workers),
except as provided in 5. Cover- Foundations of buildings, structures, ma-
age Extensions, l. Personal Ef- chinery or boilers, if their foundations are
fects; below:
(b) This does not include property of (1) The lowest basement floor; or
others for which you are legally
liable as: (2) The surface of the ground, if there is
no basement.
1) A carrier for hire; or
h. Land, Water or Growing Crops
2) An arranger of transporta-
tion, including car loaders, Land (including land on which the proper-
consolidators, brokers, ty is located), water, growing crops or
freight forwarders, or ship- lawns (other than lawns which are part of
ping associations; and a vegetative roof);
(9) Sales samples. i. Paved Surfaces
2. Property Not Covered Bridges, roadways, walks, patios or other
paved surfaces;
Covered Property does not include:
j. Property While Airborne or Waterborne
a. Accounts, Deeds, Money or Securities
Personal property while airborne or wa-
Except as provided in SECTION A. terborne;
COVERAGE, 5. Coverage Extensions,
a. Accounts Receivable, Accounts, bills, k. Pilings or Piers
currency, deeds, food stamps or other ev- Pilings, piers, bulkheads, wharves or
idences of debt, "money", notes or "secu- docks;
rities";
l. Property More Specifically Insured
b. Animals
Property that is covered under another
Animals, unless coverage form of this or any other policy
(1) Owned by others and boarded by in which it is more specifically described,
you; or except as provided in G. Other Insur-
ance of the COMMERCIAL PROPERTY
(2) Owned by you and covered as CONDITIONS;
"stock" while inside of buildings;
m. Retaining Walls
and then only as provided in 3. Covered
Causes of Loss, c. Limitations. Retaining walls that are not part of any
building described in the Declarations;
c. Automobiles
n. Underground Pipes, Flues or Drains
Automobiles held for sale;
Underground pipes, flues or drains;
d. Contraband
Contraband, or property in the course of
illegal transportation or trade;
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 23 of 187
o. Valuable Papers & Records and Cost (5) Trees, shrubs or plants (other than
to Research trees, shrubs or plants that are
"stock" or part of a vegetative roof).
Except as provided in SECTION A.
COVERAGE, 5. Coverage Extensions, 3. Covered Causes of Loss
r. Valuable Papers and Records, the
cost to research, replace or restore the in- a. Covered Causes of Loss
formation on "valuable papers and rec- Covered Causes of Loss means direct
ords", including those which exist as "loss" unless the "loss" is excluded or lim-
"electronic data". ited in this Coverage Part.
This does not apply to "valuable papers b. Exclusions
and records" held for sale by you.
(1) We will not pay for "loss" caused di-
p. Vehicles or Self-Propelled Machines rectly or indirectly by any of the fol-
Vehicles or self-propelled machines (in- lowing, unless otherwise provided.
cluding aircraft or watercraft) that: Such "loss" is excluded regardless of
any other cause or event that con-
(1) Are licensed for use on public roads; tributes concurrently or in any se-
or quence to the "loss".
(2) Are operated principally away from (a) Ordinance or Law
the "premises".
Except as provided in SECTION
This paragraph does not apply to: A. COVERAGE, 4. Additional
Coverages, g. Ordinance or
(1) Vehicles or self-propelled machines Law , the enforcement of or
or autos you manufacture, process or compliance with any ordinance
warehouse; or law:
(2) Vehicles or self-propelled machines, 1) Regulating the construction,
other than autos, you hold for sale; use or repair of any building
(3) Rowboats or canoes out of water and or structure; or
located at the "premises"; or 2) Requiring the tearing down
(4) Trailers, but only as provided in of any building or structure,
SECTION A. COVERAGE, 5. Cov- including the cost of remov-
erage Extensions, o. Trailers ing its debris.
(Nonowned Detached). This exclusion applies whether
q. Property While Outside of Buildings "loss" results from:
The following property while outside of 1) An ordinance or law that is
buildings (except as provided in SEC- enforced even if the building
TION A. COVERAGE, 5. Coverage Ex- or structure has not been
tensions): damaged; or
(1) Grain, hay, straw or other crops; 2) The increased costs in-
curred to comply with an or-
(2) Signs, except: dinance or law in the course
of construction, repair, ren-
(a) Signs attached to a covered ovation, remodeling or
building or structure; demolition of any building or
(b) Signs for which a Limit of Insur- structure, or removal of its
ance is shown in the Declara- debris, following a direct
tions. "loss" to that building or
structure.
(3) Outdoor fences, except outdoor
fences for which a Limit of Insurance (b) Earth Movement
is shown in the Declarations; 1) Earthquake, including trem-
(4) Radio antennas, television antennas ors and aftershocks and any
or satellite dishes; including their earth sinking, rising or shift-
lead-in wiring, masts, and towers; ing related to such event;
and 2) Landslide, including any
earth sinking, rising or shift-
ing related to such event;
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3) Mine subsidence, meaning act of nature or is otherwise
subsidence of a man-made caused.
mine, whether or not mining
activity has ceased; (c) Governmental Action
4) Earth sinking (other than Seizure or destruction of proper-
"sinkhole collapse"), rising ty by order of governmental au-
or shifting including soil thority. However, we will pay for
conditions which cause set- "loss" caused by or resulting
tling, cracking or other dis- from acts of destruction ordered
arrangement of foundations by governmental authority and
or other parts of realty. Soil taken at the time of a fire to pre-
conditions include contrac- vent its spread, if the fire would
tion, expansion, freezing, be covered under this Coverage
thawing, erosion, improperly Part.
compacted soil and the ac- (d) Nuclear Hazard
tion of water under the
ground surface. Nuclear reaction or radiation, or
radioactive contamination, how-
But if Earth Movement, as de- ever caused.
scribed in (b)1) through 4)
above, results in fire or explo- (e) Utility Services
sion, we will pay for the "loss"
caused by that fire or explosion. 1) Except as provided in SEC-
TION A. COVERAGE, 5.
5) Volcanic eruption, explosion Coverage Extensions, q.
or effusion. But if volcanic Utility Services, the failure
eruption, explosion or effu- of power, communication,
sion results in fire, building water or other utility ser-
glass breakage or volcanic vices supplied to the "prem-
action, we will pay for the ises", however caused, if
"loss" caused by that fire, the failure:
building glass breakage or
volcanic action. a) Originates away from
the "premises"; or
Volcanic action means di-
rect "loss" resulting from the b) Originates at the "prem-
eruption of a volcano when ises", but only if such
the "loss" is caused by: failure involves equip-
ment used to supply
a) Airborne volcanic blast the utility service to the
or airborne shock "premises" from a
waves; source away from the
"premises".
b) Ash, dust or particulate
matter; or Failure of any utility service
includes lack of sufficient
c) Lava flow. capacity and reduction in
With respect to coverage for supply. "Loss" caused by a
Volcanic Action, all volcanic surge of power is also ex-
eruptions that occur within cluded if the surge would
any 168-hour period will not have occurred but for an
constitute a single occur- event causing the failure of
rence. power.
Volcanic action does not in- However, if the failure or
clude the cost to remove surge of power, or the fail-
ash, dust or particulate mat- ure of communication, wa-
ter that does not cause di- ter, wastewater removal or
rect "loss" to the described other utility service results in
property. a Covered Cause of Loss,
we will pay for that portion
This Earth Movement exclusion of "loss" caused by that
applies regardless of whether Covered Cause of Loss.
any of the above, in paragraphs
1) through 5), is caused by an Communication services in-
clude but are not limited to
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service relating to Internet 3) Water that has entered and
access or access to any then backs up through and
electronic, cellular or satel- is discharged from a sewer,
lite network. drain, septic system, sump
pump system or related
(f) War and Military Action equipment; or
1) War, including undeclared 4) Water under the ground sur-
or civil war; face pressing on, or flowing
2) Warlike action by a military or seeping through:
force, including action in a) Foundations, walls,
hindering or defending floors or paved surfac-
against an actual or ex- es;
pected attack, by any gov-
ernment, sovereign or other b) Basements, whether
authority using military per- paved or not; or
sonnel or other agents; or
c) Doors, windows or oth-
3) Insurrection, rebellion, revo- er openings.
lution, usurped power, or
action taken by governmen- 5) Waterborne material carried
tal authority in hindering or or otherwise moved by any
defending against any of of the water referred to in
these. Paragraphs (g)1), 3) or 4),
or material carried or other-
(g) Water wise moved by mudslide or
mudflow as described in
1) Flood, meaning the partial Paragraph (g)2).
or complete inundation of
normally dry land areas due This exclusion applies regard-
to: less of whether any of the above
in Paragraphs (g)1) through
a) The unusual or rapid (g)5) is caused by an act of na-
accumulation or runoff ture or is otherwise caused. An
of rain or surface wa- example of a situation to which
ters from any source; or this exclusion applies is the situ-
b) Waves, tidal waters, ation where a dam, levee, sea-
tidal waves (including wall or other boundary or con-
tsunami); or tainment system fails in whole or
in part, for any reason, to con-
c) Water from rivers, tain the water.
ponds, lakes, streams,
or any other body of However, if any of the above, as
water that rises above, described in Paragraphs (g)1)
overflows from, or is through (g)5), results in fire, ex-
not contained within its plosion or sprinkler leakage, we
natural or man-made will pay for that portion of "loss"
boundary; caused by that fire, explosion or
sprinkler leakage (if sprinkler
and all whether driven by leakage is a Covered Cause of
wind or not, including storm Loss).
surge.
(h) "Fungi", Wet Rot, Dry Rot, and
2) Mudslides or mudflows, Bacteria
which are caused by flood-
ing as defined above in 1) Presence, growth, prolifera-
Paragraph (g)1) above. tion, spread or any activity
Mudslide or mudflow in- of "fungi", wet or dry rot or
volves a river of liquid and bacteria. But if "fungi", wet
flowing mud on the surface or dry rot or bacteria results
of normally dry land areas in a "specified cause of
as when earth is carried by loss", we will pay for the
a current of water and de- "loss" caused by that "speci-
posited along the path of fied cause of loss".
the current;
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2) This exclusion does not ap- (c) Smoke, Vapor, Gas
ply:
Smoke, vapor or gas from agri-
a) When "fungi", wet or cultural smudging or industrial
dry rot or bacteria re- operations.
sults from fire or light-
ning; or (d) Miscellaneous Causes of Loss
b) To the extent that cov- 1) Wear and tear;
erage is provided in 2) Rust or other corrosion, de-
SECTION A. COVER- cay, deterioration, hidden or
AGE, 5. Coverage Ex- latent defect or any quality
tensions, g. "Fungi", in property that causes it to
Wet Rot, Dry Rot and damage or destroy itself;
Bacteria - Limited
Coverage with respect 3) Smog;
to "loss" from a cause
of loss other than fire or 4) Settling, cracking, shrinking
lightning. or expansion;
Exclusions b.(1)(a) through b.(1)(h) 5) Nesting or infestation, or
apply whether or not the "loss" event discharge or release of
results in widespread damage or af- waste products or secre-
fects a substantial area. tions, by insects, birds, ro-
dents or other animals;
(2) We will not pay for "loss" caused by
or resulting from any of the following: 6) Mechanical breakdown, in-
cluding rupture or bursting
(a) Electrical Current caused by centrifugal force.
However, if mechanical
Artificially generated electrical, breakdown results in eleva-
magnetic or electromagnetic en- tor collision, we will pay for
ergy that damages, disturbs, dis- that portion of "loss" caused
rupts or otherwise interferes with by that elevator collision; or
any:
7) The following causes of loss
1) Electrical or electronic wire, to personal property:
device, appliance, system
or network; or a) Marring or scratching;
2) Device, appliance, system b) Except as provided in
or network utilizing cellular SECTION A. COVER-
or satellite technology. AGE, 4. Additional
Coverages, a. Change
For the purpose of this exclu- in Temperature or
sion, electrical, magnetic or elec- Humidity and 5. Cov-
tromagnetic energy includes but erage Extensions, q.
is not limited to: Utility Services;
1) Electrical current, including i) Dampness or dry-
arcing; ness of atmos-
2) Electrical charge produced phere; and
or conducted by a magnetic ii) Changes in or ex-
or electromagnetic field; tremes of tem-
3) Pulse of electromagnetic perature.
energy; or However, if an excluded cause
4) Electromagnetic waves or of loss listed in (2)(d)1) through
microwaves. 7) results in a "specified cause
of "loss" or building glass break-
However, if fire results, we will age, we will pay for that portion
pay for "loss" caused by that fire. of "loss" caused by that "speci-
fied cause of loss" or building
(b) Delay or Loss of Use glass breakage.
Delay, loss of use or loss of
market.
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(e) Explosion of Steam Apparatus This exclusion applies whether
or not an act occurs during the
Explosion of steam boilers, hours of operation.
steam pipes, steam engines or
steam turbines owned or leased This Dishonest or Criminal
by you, or operated under your Acts exclusion does not apply to
control. However, if explosion of acts of destruction by your em-
steam boilers, steam pipes, ployees (including leased work-
steam engines or steam turbines ers or temporary employees) or
results in fire or combustion ex- by authorized representatives;
plosion, we will pay for that por- except theft by employees (in-
tion of "loss" caused by that fire cluding leased workers or tem-
or combustion explosion. We will porary employees) is not cov-
also pay for "loss" caused by or ered.
resulting from the explosion of
gases or fuel within the furnace (i) Voluntary Parting Under False
of any fired vessel or within the Pretense
flues or passages through which Voluntary parting with any prop-
the gases of combustion pass. erty by you or anyone else to
(f) Water Seepage whom you have entrusted the
property if induced to do so by
Continuous or repeated seepage any fraudulent scheme, trick,
or leakage of water or the pres- device or false pretense.
ence or condensation of humidi-
ty, moisture, or vapor that occurs (j) Exposure to Weather
over a period of 14 days or Rain, snow, ice or sleet to per-
more. sonal property in the open.
(g) Freezing of Plumbing (k) Collapse
Water, other liquids, powder or Collapse, including any of the
molten material that leaks or following conditions of property
flows from plumbing, heating, air or any part of the property:
conditioning or other equipment
(except fire protection systems) 1) An abrupt falling down or
caused by or resulting from caving in;
freezing, unless:
2) Loss of structural integrity,
1) You did your best to main- including separation of parts
tain heat in the building or of the property or property
structure; or in danger of falling down or
caving in; or
2) You drained the equipment
and shut off the supply if the 3) Any cracking, bulging, sag-
heat was not maintained. ging, bending, leaning, set-
tling, shrinkage or expan-
(h) Dishonest or Criminal Acts sion as such condition re-
Dishonest or criminal acts (in- lates to Paragraph (k)1) or
cluding theft) by you, any of your 2) above.
partners, members (if a limited But if collapse results in a Cov-
liability company), officers, man- ered Cause of Loss at the
agers, employees (including "premises", we will pay for "loss"
leased workers or temporary caused by that Covered Cause
employees) directors, trustees, of Loss.
or authorized representatives;
whether acting alone or in collu- This exclusion Collapse does
sion with each other or with any not apply:
other party; or theft by any per-
son to whom you entrust the 1) To the extent that coverage
property for any purpose, is provided under the SEC-
whether acting alone or in collu- TION A. COVERAGE, 5.
sion with any other party. Coverage Extensions,
c. Collapse; or
2) To collapse caused by one
or more of the following:
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a) The "specified causes (3) We will not pay for "loss" caused by
of loss"; or resulting from any of the following
in Paragraphs (3)(a) through (3)(c).
b) Breakage of building However, if an excluded cause of
glass; loss that is listed in Paragraphs (3)(a)
c) Weight of rain that col- through (3)(c) results in a Covered
lects on a roof; or Cause of Loss, we will pay for that
portion of "loss" caused by that Cov-
d) Weight of people or ered Cause of Loss:
personal property.
(a) Weather Conditions
(l) Pollutants
Weather conditions, but this ex-
Discharge, dispersal, seepage, clusion only applies if weather
migration, release, escape or conditions contribute in any way
emission of "pollutants" unless with a cause or event excluded
the discharge, dispersal, seep- in SECTION A. COVERAGE, 3.
age, migration, release, escape Covered Causes of Loss, b.
or emission is itself caused by Exclusions, (1)(a) through
any of the "specified causes of (1)(h) to produce the "loss".
loss". But if the discharge, dis-
persal, seepage, migration, re- (b) Acts or Decisions
lease, escape or emission of Acts or decisions, including the
"pollutants" results in a "speci- failure to act or decide, of any
fied cause of loss", we will pay person, group, organization or
for the "loss" caused by that governmental body.
"specified cause of loss".
(c) Defects, Errors, and Omis-
This exclusion does not apply to sions
"loss" to glass caused by chemi-
cals applied to the glass. 1) An act, error, or omission
(negligent or not) relating to:
m) Loss or Damage to Product
a) Land use;
We will not pay for "loss" to
Covered Property consisting of b) Design, specifications,
merchandise, goods or other construction, workman-
product caused by or resulting ship;
from error or omission by any
person or entity (including those c) Planning, zoning, de-
having possession under an ar- velopment, surveying,
siting, grading, com-
rangement where work or a por-
paction; or
tion of the work is outsourced) in
any stage of the development, d) Maintenance, installa-
production or use of the product, tion, renovation, repair,
including planning, testing, pro- or remodeling
cessing, packaging, installation,
maintenance or repair. This ex- of part or all of any property
clusion applies to any effect that on or off the "premises";
compromises the form, sub-
stance or quality of the product. 2) A defect, weakness, inade-
quacy, fault, or unsound-
But if such error or omission re-
sults in a Covered Cause of ness in materials used in
Loss, we will pay for "loss" construction or repair of part
caused by that Covered Cause or all of any property on or
off the "premises"; or
of Loss.
(n) Neglect 3) The cost to make good any
error in design.
Neglect of an insured to use all
reasonable means to save and
preserve property from further
damage at and after the time of
"loss".
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(4) Special Exclusions or cancellation of any license,
lease or contract beyond the
The Special Exclusions apply only to "period of restoration".
SECTION A. COVERAGE, 5. Cov-
erage Extensions, b. Business In- (e) Any other indirect "loss".
come and Extra Expense; and if at-
tached to this policy, the following c. Limitations
coverage forms: BUSINESS IN- The following limitations apply to all policy
COME (AND EXTRA EXPENSE) forms and endorsements shown on the
COVERAGE FORM, BUSINESS IN- COMMERCIAL PROPERTY COVER-
COME (WITHOUT EXTRA EX- AGE PART DECLARATIONS, unless
PENSE) COVERAGE FORM, and otherwise stated:
EXTRA EXPENSE COVERAGE
FORM. (1) Limitations - Various Types of
Property
We will not pay for:
We will not pay for "loss" to property
(a) Any "loss" caused by or resulting as described and limited in this sec-
from: tion. In addition, we will not pay for
1) Damage or destruction of any "loss" that is a consequence of
"finished stock"; or "loss" as described and limited in this
section.
2) The time required to repro-
duce "finished stock". (a) Steam Apparatus
This Exclusion (4)(a) does not Steam boilers, steam pipes,
apply to Extra Expense. steam engines or steam turbines
caused by or resulting from any
(b) Any "loss" caused by or resulting condition or event inside such
from damage to radio or televi- equipment. But we will pay for
sion antennas (including satellite "loss" to such equipment caused
dishes) and their lead-in wiring, by or resulting from an explosion
masts or towers. of gases or fuel within the fur-
nace of any fired vessel or within
(c) Any increase of "loss" caused by the flues or passages through
or resulting from: which the gases of combustion
1) Delay in rebuilding, repair- pass.
ing or replacing the property (b) Hot Water Boilers
or resuming "operations",
due to interference at the Hot water boilers or other water
location of the rebuilding, heating equipment caused by or
repair or replacement by resulting from any condition or
strikers or other persons; or event inside such boilers or
equipment, other than an explo-
2) Suspension, lapse or can- sion.
cellation of any license,
lease or contract. However, (c) Building Interiors
if the suspension, lapse or
cancellation is directly The interior of any building or
caused by the "suspension" structure, or to personal property
of "operations", we will cov- in the building or structure,
er such "loss" that affects caused by or resulting from rain,
your "Business Income" snow, sleet, ice, sand or dust,
during the "period of resto- whether driven by wind or not,
ration" and any extension of unless:
the "period of restoration" in 1) The building or structure
accordance with the terms first sustains damage by a
of the Extended Business Covered Cause of Loss to
Income Additional Coverage its roof or walls through
and the Extended Period of which the rain, snow, sleet,
Indemnity Optional Cover- ice, sand or dust enters; or
age or any variation of
these. 2) The "loss" is caused by or
results from thawing of
(d) Any Extra Expense caused by or
resulting from suspension, lapse
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snow, sleet or ice on the (b) Contractors equipment, machin-
building or structure. ery and tools owned by you or
entrusted to you, provided such
(d) Theft of Building Materials property is Covered Property.
Building materials and supplies However, this limitation does not
not attached as part of the build- apply:
ing or structure, caused by or
resulting from theft. 1) If the property is located on
or within 1,000 feet of the
However, this limitation does not "premises"; or
apply to:
2) To Business Income cover-
1) Building materials and sup- age or to Extra Expense
plies held for sale by you; or coverage.
2) "Business Income" cover- (3) Limitation - Personal Property
age or Extra Expense cov- Theft
erage.
This Limitation does not apply to
(e) Missing Property "Business Income" coverage or to
Property that is missing, where Extra Expense coverage. For each
the only evidence of the "loss" is category described in Paragraph
a shortage disclosed on taking c.(3)(a) through (3)(d) below, the
inventory, or other instances most we will pay for "loss" in any one
where there is no physical evi- occurrence of theft to all property in
dence to show what happened that category, regardless of the types
to the property. or number of articles for that category
that are lost or damaged in that oc-
(f) Transferred Property currence, are the following special
limits:
Property that has been trans-
ferred to a person or to a place (a) $2,500 for Furs, fur garments
outside the "premises" on the and garments trimmed with fur.
basis of unauthorized instruc-
tions. (b) $2,500 for Jewelry, watches,
watch movements, jewels,
(g) Vegetative Roofs pearls, precious and semi-
precious stones, bullion, gold,
Lawns, trees, shrubs or plants silver, platinum and other pre-
which are part of a vegetated cious alloys or metals. This limi-
roof, caused by or resulting tation does not apply to jewelry
from: and watches worth $100 or less
per item.
1) Dampness or dryness of
atmosphere or of soil sup- (c) $2,500 for Patterns, dies, molds
porting the vegetation; and forms.
2) Changes in or extremes of (d) $250 for Stamps, tickets, includ-
temperature; ing lottery tickets held for sale,
and letters of credit.
3) Disease;
These special limits are not addition-
4) Frost or hail; or al Limits of Insurance.
5) Rain, snow, ice or sleet. (4) Limitation - System or Appliance
Defects
(2) Limitations - Various Property for
Specified Causes (a) We will not pay the cost to repair
any defect to a system or appli-
We will not pay for "loss" to the fol- ance from which water, other
lowing types of property unless liquid, powder or molten material
caused by the "specified causes of escapes; and
loss" or building glass breakage:
(b) We will not pay to replace the
(a) Animals, and then only if they substance that escapes as de-
are killed or their destruction is scribed in Paragraph c.(4)(a)
deemed necessary. above.
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But we will pay the cost to repair or (d) Remove debris of property
replace damaged parts of fire extin- owned by or leased to the land-
guishing equipment if the damage lord of the building where your
results in discharge of any substance "premises" are located, unless
from an automatic fire protection sys- you have a contractual respon-
tem, or is directly caused by freezing. sibility to insure such property
and it is insured under this Cov-
However, this Limitation c.(4)(a) does erage Part;
not apply to "Business Income" Cov-
erage or to Extra Expense Coverage. (e) Remove any property that is
Property Not Covered, including
4. Additional Coverages property addressed under 5.
Unless stated otherwise, SECTION C. DE- Coverage Extensions, k. Out-
DUCTIBLE does not apply to Paragraph 4. door Property.
Additional Coverages. (f) Remove property of others of a
Unless stated otherwise, these Paragraph 4. type that would not be Covered
Additional Coverages apply on a per location Property under this Coverage
basis. Part;
a. Change in Temperature or Humidity (g) Remove deposits of mud or
earth from the grounds of the
We will pay for direct "loss" to your cov- "premises".
ered Business Personal Property caused
by a change in temperature or humidity or (3) Subject to the exceptions in Para-
contamination by refrigerant resulting graph b.(4) below, the following pro-
from damage by a Covered Cause of visions apply:
Loss to equipment used for refrigerating, (a) The most we will pay for the total
cooling, humidifying, dehumidifying, air of direct "loss" plus debris re-
conditioning, heating, generating or con- moval expense is the Limit of In-
verting power (including their connections surance applicable to the Cov-
and supply or transmission lines and ered Property that has sustained
pipes) when located on the "premises". "loss".
This Coverage is included within the Lim- (b) Subject to Paragraph b.(3)(a),
its of Insurance shown in the Declara- the amount we will pay for debris
tions. removal expense is limited to
b. Debris Removal 25% of the sum of the deductible
plus the amount that we pay for
(1) Subject to Paragraphs b.(2), (3) and direct "loss" to the Covered
(4) of this Additional Coverage, we Property that has sustained
will pay your expense to remove de- "loss".
bris of Covered Property and other
debris that is on the "premises", (4) We will pay up to an additional
when such debris is caused by or re- $10,000 for debris removal expense
sults from a Covered Cause of Loss for each "premises", in any one oc-
that occurs during the "coverage currence of direct "loss" to Covered
term". The expenses will be paid only Property, if one or both of the follow-
if they are reported to us in writing ing circumstances apply:
within 180 days of the date of direct (a) The total of the actual debris
"loss". removal expense plus the
(2) Debris Removal does not apply to amount we pay for direct "loss"
costs to: exceeds the Limit of Insurance
on the Covered Property that
(a) Extract "pollutants" from land or has sustained "loss".
water;
(b) The actual debris removal ex-
(b) Remove, restore or replace pol- pense exceeds 25% of the sum
luted land or water; of the deductible plus the
amount that we pay for direct
(c) Remove debris of property of "loss" to the Covered Property
yours that is not insured under that has sustained "loss".
this Coverage Part, or property
in your possession that is not Therefore, if Paragraph b.(4)(a) and/or
Covered Property; (4)(b) apply, our total payment for direct
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"loss" and debris removal expense may pense in this example is $20,500; $9,500 of
reach but will never exceed the Limit of the debris removal expense is not covered.
Insurance on the Covered Property that
has sustained "loss", plus $10,000. c. Fire Department Service Charge
(5) Examples When the fire department is called to
save or protect Covered Property from a
The following examples assume that Covered Cause of Loss, we will pay up to
there is no coinsurance penalty. $5,000 in any one occurrence for your li-
ability, which is determined prior to the di-
Example #1 rect "loss", for fire department service
Limit of Insurance $90,000 charges:
Amount of Deductible $500 (1) Assumed by contract or agreement;
Amount of "Loss" $50,000 or
Amount of "Loss" Payable $49,500
($50,000 - $500) (2) Required by local ordinance.
Debris Removal Expense $10,000
Debris Removal Expense Such limit is the most we will pay regard-
Payable $10,000 less of the number of responding fire de-
($10,000 is 20% of $50,000) partments or fire units, and regardless of
the number or type of services performed.
The debris removal expense is less than 25% This Coverage is in addition to the Limits
of the sum of the "loss" payable plus the de- of Insurance shown in the Declarations.
ductible. The sum of the "loss" payable and
the debris removal expense ($49,500 + d. Fire Protection Equipment Recharge
$10,000 = $59,500) is less than the Limit of (1) We will pay for the expenses you in-
Insurance. Therefore, the full amount of debris cur to recharge your automatic fire
removal expense is payable in accordance suppression system or portable fire
with the terms of Paragraph (3). extinguishers when the equipment is
Example #2 discharged:
Limit of Insurance (a) To combat a covered fire to
$90,000 which this insurance applies;
Amount of Deductible $500 (b) As a result of another covered
Amount of "Loss" $80,000 Cause of Loss other than fire; or
Amount of "Loss" Payable $79,500
($80,000 - $500) (c) As a result of an accidental dis-
Debris Removal Expense $30,000 charge.
Debris Removal Expense Payable
Basic Amount $10,500 (2) We will not pay your expenses to re-
Additional Amount $10,000 charge fire protection equipment as a
result of a discharge during testing or
The basic amount payable for debris removal installation.
expense under the terms of Paragraph (3) is
calculated as follows: $80,000 ($79,500 + (3) If it is less expensive to do so, we will
$500) x .25 = $20,000; capped at $10,500. pay your costs to replace your auto-
The cap applies because the sum of the "loss" matic fire suppression system or
payable ($79,500) and the basic amount pay- portable fire extinguishers rather than
able for debris removal expense ($10,500) recharge that equipment.
cannot exceed the Limit of Insurance The most we will pay in any one occur-
($90,000). rence under this Additional Coverage is
The additional amount payable for debris re- $25,000. This Coverage is in addition to
moval expense is provided in accordance with the Limits of Insurance shown in the Dec-
the terms of Paragraph (4), because the de- larations.
bris removal expense ($30,000) exceeds 25% e. Inventory or Appraisal
of the "loss" payable plus the deductible
($30,000 is 37.5% of $80,000), and because (1) We will pay the necessary expenses
the sum of the "loss" payable and debris re- you incur to prepare claim infor-
moval expense ($79,500 + $30,000 = mation as required by this Coverage
$109,500) would exceed the Limit of Insur- Part. Expenses must result from:
ance ($90,000). The additional amount of
covered debris removal expense is $10,000, (a) Taking inventories;
the maximum payable under Paragraph (4). (b) Making appraisals; and
Thus the total payable for debris removal ex-
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(c) Preparing a statement of loss (a) Loss of Use of Undamaged
and other supporting exhibits. Parts of Buildings
(2) We will not pay for any expenses: The costs you incur to rebuild at
the same "premises" any un-
(a) Incurred to prove that "loss" is damaged portion of your building
covered; or structure caused by enforce-
(b) Incurred under SECTION D. ment of or compliance with an
LOSS CONDITIONS, 2. Ap- ordinance or law requiring
praisal; demolition of undamaged parts
of the same building or structure.
(c) Incurred for examinations under We will only pay the costs to sat-
oath; isfy the minimum requirements
of the ordinance or law. Losses
(d) Billed by and payable to inde- and costs incurred in complying
pendent or public adjusters; or with recommended actions or
(e) To prepare claims not covered standards that exceed actual re-
by this Coverage Part. quirements are not covered.
The most we will pay for any one occur- (b) Demolition Costs
rence under this Additional Coverage is The costs you incur to demolish
$10,000. This Coverage is in addition to and clear the site of undamaged
the shown in the Declarations. parts of the same building or
f. Key and Lock Expense structure as a result of Para-
graph g.(1)(a) above.
(1) If a key or master key is lost, stolen,
or damaged, we will pay for: (c) Increased Costs of Construc-
tion
(a) The actual expense of the new
keys; and 1) For buildings or structures
to which SECTION F. OP-
(b) The adjustment of locks to ac- TIONAL COVERAGES, 3.
cept new keys; or Replacement Cost applies,
the increased costs to com-
(c) If required, new locks, including ply with the minimum
the expense of their installation; standards of an ordinance
but only for locks at buildings or or law to:
structures covered by this Coverage a) Repair or reconstruct
Part. damaged portions of
(2) This Coverage does not apply to that building or struc-
keys that were given to former em- ture; and
ployees. b) Reconstruct or remodel
The most we will pay in any one occur- undamaged portions of
rence under this Additional Coverage is that building or struc-
Limit of Insurance $1,000. This Coverage ture whether or not
is in addition to the Limit of Insurance demolition is required;
shown in the Declarations. However, this increased
g. Ordinance or Law cost of construction applies
only if the building or struc-
(1) If a covered building or structure sus- ture is repaired, recon-
tains direct "loss" from a Covered structed or remodeled and
Cause of Loss, resulting in the en- is intended for occupancy
forcement of or compliance with an similar to the building or
ordinance or law that is in force at the structure it replaces, unless
time of "loss" and regulates the dem- such occupancy is not per-
olition, construction or repair of build- mitted by zoning or land use
ings or structures, or establishes zon- ordinance or law.
ing or land use requirements at the
"premises", then subject to SECTION 2) For this Paragraph g.(1)(c)
D, LOSS CONDITIONS, 4. Loss only, the increased costs to
Payment, we will pay: repair or reconstruct the fol-
lowing:
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a) The cost of excava- migration, release, escape or emission of
tions, grading, backfill- the "pollutants" is caused by or results
ing and filling; from a Covered Cause of Loss that oc-
curs during the "coverage term". The ex-
b) Foundation of the build- penses will be paid only if they are re-
ing; ported to us in writing within 180 days of
c) Pilings; the date on which the Covered Cause of
Loss occurs.
d) Underground pipes,
flues and drains. This Additional Coverage does not apply
to costs to test for, monitor or assess the
The items listed in Para- existence, concentration or effects of "pol-
graphs g.2)a) through lutants". But we will pay for testing which
g.2)d) above are deleted is performed in the course of extracting
from SECTION A. COVER- the "pollutants" from the land or water.
AGE, 2. Property Not
Covered; The most we will pay under this Additional
Coverage for each "premises" is $10,000
(2) We will not pay for: for the sum of all covered expenses aris-
ing out of Covered Causes of Loss during
(a) Enforcement of or compliance each "coverage term". This Coverage is
with any ordinance or law which in addition to the Limit of Insurance
requires the demolition, repair, shown in the Declarations.
replacement, reconstruction,
remodeling or remediation of i. Preservation of Property
property due to contamination by
"pollutants" or due to the pres- If it is necessary to move Covered Prop-
ence, growth, proliferation, erty from the "premises" to preserve it
spread or any activity of "fungi", from imminent "loss" by a Covered Cause
wet or dry rot or bacteria; or of Loss, we will pay for any direct "loss" to
that property:
(b) The costs associated with the
enforcement of or compliance (1) While it is being moved or while tem-
with any ordinance or law which porarily stored at another location;
requires any insured or others to and
test for, monitor, clean up, re- (2) Only if the "loss" occurs within 60
move, contain, treat, detoxify or days after the property is first moved.
neutralize, or in any way re-
spond to, or assess the effects This Coverage is included within Limit of
of "pollutants", "fungi", wet or dry Insurance shown in the Declarations for
rot or bacteria. such Covered Property.
(3) We will not pay for "loss" due to any j. Rewards
ordinance or law that:
We will pay to provide a reward for infor-
(a) You were required to comply mation that leads to a conviction for ar-
with before the "loss", even if the son, theft, vandalism, or burglary. The
building or structure was un- conviction must involve a covered "loss"
damaged; and caused by arson, theft, vandalism, or bur-
glary.
(b) With which you failed to comply.
The most we will pay for "loss" in any one
(4) The terms of this Additional Cover- occurrence under this Additional Cover-
age apply separately to each building age is $10,000. This Coverage is in addi-
or structure covered by this Cover- tion to the Limit of Insurance shown in the
age Part. Declarations.
The most we will pay under this Additional 5. Coverage Extensions
Coverage is $10,000 per building. This is
in addition to the Limit of Insurance Unless amended within a particular Coverage
shown in the Declarations for the building Extension, each Extension applies to property
suffering "loss". located in or on the building described in the
Declarations or in the open (or in a vehicle or
h. Pollutant Clean Up and Removal portable storage unit) within 1,000 feet of the
We will pay your expenses to extract "pol- "premises".
lutants" from land or water at the "premis-
es" if the discharge, dispersal, seepage,
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The limits applicable to the Coverage Exten- (b) Away From Your Premises
sions are in addition to the Limit of Insurance
shown in the Property Declarations. Limits of The most we will pay in any one
Insurance specified in these Extensions apply occurrence is $5,000, regardless
per location unless stated otherwise. of the number of locations, for
"loss" caused by a Covered
SECTION E. ADDITIONAL CONDITIONS, 1. Cause of Loss to Accounts Re-
Coinsurance, does not apply to these Cover- ceivable while they are away
age Extensions. from your "premises".
a. Accounts Receivable This Away From Premises Limit
is in addition to the Limit of In-
SECTION C. DEDUCTIBLE does not ap- surance applicable to this Cov-
ply to this Coverage Extension. erage Extension.
(1) When you sustain direct "loss" to (4) SECTION A. COVERAGE, 3. Cov-
your accounts receivable records ered Causes of Loss, b. Exclu-
caused by a Covered Cause of Loss, sions does not apply to this Cover-
we will pay: age Extension, except as follows:
(a) All amounts due from your cus- (a) Exclusion (1)(c) Governmental
tomers that you are unable to Action;
collect;
(b) Exclusion (1)(d) Nuclear Haz-
(b) Interest charges on any loan re- ard;
quired to offset amounts you are
unable to collect pending our (c) Exclusion (1)(f) War and Mili-
payment of these amounts; tary Action.
(c) Collection expenses in excess of (5) In addition to Paragraph a.(4) of this
your normal collection expenses Coverage Extension, we will not pay
that are made necessary by the for "loss" resulting from any of the fol-
"loss"; and lowing:
(d) Other reasonable expenses that (a) Dishonest or criminal acts by:
you incur to re-establish your
records of accounts receivable. 1) You, your partners, employ-
ees, directors, trustees or
(2) Coverage does not apply to: authorized representatives;
(a) Records of accounts receivable 2) A manager or a member if
in storage away from the "prem- you are a limited liability
ises"; or company;
(b) Contraband, or property in the 3) Anyone else with an interest
course of illegal transportation or in the records of accounts
trade. receivable, or their employ-
ees or authorized repre-
(3) We will extend coverage to include: sentatives; or
(a) Removal 4) Anyone else entrusted with
If you give us written notice with- the records of accounts re-
in 30 days of removal of your ceivable for any purpose.
records of accounts receivable This Paragraph a.(5)(a) applies
because of imminent danger of whether or not such persons are
direct "loss" from a Covered acting alone or in collusion with
Cause of Loss, we will pay for other persons or such act occurs
"loss" while they are: during the hours of employment.
1) At a safe place away from However, this Paragraph a.(5)(a)
your "premises"; or does not apply to dishonest acts
2) Being taken to and returned of a carrier for hire or to acts of
from that place. destruction by your employees.
However, theft by employees is
This Removal coverage is in- still not covered.
cluded within the Limit of Insur-
ance applicable to this Coverage (b) Alteration, falsification, conceal-
Extension. ment or destruction of records of
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accounts receivable done to able for the month in which
conceal the wrongful giving, tak- the direct "loss" occurred or
ing or withholding of "money", for any demonstrated vari-
"securities" or other property. ance from the average for
that month.
This exclusion applies only to
the extent of the wrongful giving, (b) The following will be deducted
taking or withholding. from the total amount of ac-
counts receivable, however that
(c) Bookkeeping, accounting or bill- amount is established:
ing errors or omissions.
1) The amount of the accounts
(d) Electrical or magnetic injury, dis- for which there is no direct
turbance or erasure of "electron- "loss"; and
ic data" that is caused by or re-
sults from: 2) The amount of the accounts
that you are able to re-
1) Programming errors or establish or collect; and
faulty machine instructions;
3) An amount to allow for
2) Faulty installation or probable bad debts that you
maintenance of data pro- are normally unable to col-
cessing equipment or com- lect; and
ponent parts;
4) All unearned interest and
3) An occurrence that took service charges.
place more than 100 feet
from your "premises"; or The most we will pay for "loss" in any one
occurrence under this Coverage Exten-
4) Interruption of electrical sion is $25,000.
power supply, power surge,
blackout or brownout if the b. Business Income and Extra Expense
cause of such occurrence
took place more than 100 SECTION C. DEDUCTIBLE does not ap-
feet from your "premises". ply to this Coverage Extension.
But we will pay for direct "loss" (1) Business Income
caused by lightning. We will pay for the actual loss of
(e) Voluntary parting with any prop- "Business Income" and "Rental Val-
erty by you or anyone entrusted ue" you sustain due to the necessary
with the property if induced to do "suspension" of your "operations"
so by any fraudulent scheme, during the "period of restoration". The
trick, device or false pretense. "suspension" must be caused by di-
rect "loss" to property at a "premises"
(f) A "loss" that requires any audit caused by or resulting from any Cov-
of records or any inventory com- ered Cause of Loss. With respect to
putation to prove its factual ex- "loss" to personal property in the
istence. open or personal property in a vehi-
cle or portable storage unit, the
(6) Determination of Receivables: "premises" include the area within
(a) If you cannot accurately estab- 1,000 feet of the building or 1,000
lish the amount of accounts re- feet of the "premises", whichever is
ceivable outstanding as of the greater.
time of direct "loss", the following With respect to the requirements of
method will be used: the preceding paragraph, if you are a
1) Determine the total of the tenant and occupy only part of the
average monthly amounts site at which the "premises" are lo-
of accounts receivable for cated, for the purpose of this Cover-
the 12 months immediately age Extension only, your "premises"
preceding the month in is the portion of the building that you
which the direct "loss" oc- rent, lease or occupy, including:
curs; and (a) Any area within the building or
2) Adjust that total for any on the site at which the "premis-
normal fluctuations in the es" are located if that area ser-
amount of accounts receiv-
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vices or is used to gain access "operations", the amount we will
to the "premises"; and pay under this Coverage will be
reduced by the salvage value of
(b) Your personal property in the that property.
open (or in a vehicle or portable
storage unit) within 1,000 feet of (d) Extra Expense does not apply to
the building or 1,000 feet of the "loss" to Covered Property as
"premises", whichever is greater. described in the BUILDING
AND PERSONAL PROPERTY
(2) Extra Expense COVERAGE FORM.
(a) We will pay Extra Expense you (3) Civil Authority
sustain during the "period of res-
toration". Extra Expense means When a Covered Cause of Loss
necessary expenses you sustain causes damage to property other
(as described in Paragraphs than Covered Property at a "premis-
(2)(b), (c) and (d)) during the es", we will pay for the actual loss of
"period of restoration" that you "Business Income" and necessary
would not have sustained if Extra Expense you sustain caused
there had been no direct "loss" by action of civil authority that prohib-
to property caused by or result- its access to the "premises", provided
ing from a Covered Cause of that both of the following apply:
Loss.
(a) Access to the area immediately
(b) If these expenses reduce the surrounding the damaged prop-
otherwise payable "Business In- erty is prohibited by civil authori-
come" "loss", we will pay ex- ty as a result of the damage; and
penses (other than the expense
to repair or replace property as (b) The action of civil authority is
described in Paragraph (2)(c)) taken in response to dangerous
to: physical conditions resulting
from the damage or continuation
1) Avoid or minimize the "sus- of the Covered Cause of Loss
pension" of business and to that caused the damage, or the
continue "operations" either: action is taken to enable a civil
authority to have unimpeded ac-
a) At the "premises"; or cess to the damaged property.
b) At replacement "prem- This Civil Authority coverage for
ises" or temporary loca- "Business Income" will begin
tions, including reloca- immediately after the time of that
tion expenses and action and will apply for a period
costs to equip and op- of up to 30 days from the date of
erate the replacement that action.
location or temporary
location; or This Civil Authority coverage for
Extra Expense will begin imme-
2) Minimize the "suspension" diately after the time of that ac-
of business if you cannot tion and will end:
continue "operations".
1) 30 consecutive days after
(c) We will also pay expenses to: the time of that action; or
1) Repair or replace property; 2) When your "Business In-
or come" coverage ends;
2) Research, replace or re- whichever is later.
store the lost information on
damaged "valuable papers (4) Alterations and New Buildings
and records";
We will pay for the actual loss of
but only to the extent this pay- "Business Income" you sustain and
ment reduces the otherwise Extra Expense you incur due to direct
payable "Business Income" "loss" at the "premises" caused by or
"loss". If any property obtained resulting from any Covered Cause of
for temporary use during the Loss to:
"period of restoration" remains
after the resumption of normal
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(a) New buildings or structures, a) The date you could re-
whether complete or under con- store your "operations",
struction; with reasonable speed,
to the level which would
(b) Alterations or additions to exist- generate the business
ing buildings or structures; and income amount that
(c) Machinery, equipment, supplies would have existed if
or building materials located on no direct "loss" had oc-
or within 1,000 feet of the "prem- curred; or
ises" and: b) 60 consecutive days af-
1) Used in the construction, al- ter the date determined
terations or additions; or in b.(6)(a)1) above.
2) Incidental to the occupancy However, Extended Business
of new buildings. Income does not apply to loss of
"Business Income" sustained or
If such direct "loss" delays the start of Extra Expense incurred as a re-
"operations", the "period of restora- sult of unfavorable business
tion" for "Business Income" Coverage conditions caused by the impact
will begin on the date "operations" of the Covered Cause of Loss in
would have begun if the direct "loss" the area where the "premises"
had not occurred. are located.
(5) Newly Purchased or Leased Loca- Loss of "Business Income" must
tions be caused by direct "loss" at the
"premises" caused by or result-
We will pay the actual loss of "Busi- ing from any Covered Cause of
ness Income" you sustain and Extra Loss.
Expense you incur due to direct
"loss" to Covered Property at any lo- (b) For "Rental Value", if the neces-
cation you purchase or lease caused sary "suspension" of your "oper-
by or resulting from a Covered Cause ations" produces a "Rental Val-
of Loss. This coverage for the Newly ue" "loss" payable under this
Purchased or Leased Locations will Coverage Part, we will pay for
end when any of the following first the actual loss of "Rental Value"
occurs: you incur during the period that:
(a) This policy expires; 1) Begins on the date property
is actually repaired, rebuilt
(b) You report values to us; or replaced and tenantability
(c) 90 days pass from the date you is restored; and
acquire or begin to construct the 2) Ends on the earlier of:
Covered Property.
a) The date you could re-
(6) Extended Business Income store tenant occupan-
(a) For "Business Income" Other cy, with reasonable
Than "Rental Value", if the nec- speed, to the level
essary "suspension" of your which would generate
"operations" produces a "Busi- the "Rental Value" that
ness Income" or Extra Expense would have existed if
"loss" payable under this Cover- no direct "loss" had oc-
age Part, we will pay for the ac- curred; or
tual loss of "Business Income" b) 60 consecutive days af-
you sustain and Extra Expense ter the date determined
you incur during the period that: in b.(6)(b)1) above.
1) Begins on the date property However, Extended
(except "finished stock") is Business Income does
actually repaired, rebuilt or not apply to loss of
replaced and "operations" "Rental Value" incurred
are resumed; and as a result of unfavora-
2) Ends on the earlier of: ble business conditions
caused by the impact of
the Covered Cause of
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Loss in the area where The most we will pay for "loss" in any one
the "premises" are lo- occurrence under this "Business Income"
cated. and Extra Expense Coverage Extension
is $25,000.
Loss of "Rental Value" must
be caused by direct "loss" at c. Collapse
the "premises" caused by or
resulting from any Covered The coverage provided under this Cover-
Cause of Loss. age Extension applies only to an abrupt
collapse as described and limited in Par-
(7) Interruption of Computer Opera- agraphs c.(1) through c.(7) below.
tions
(1) For the purpose of this Coverage Ex-
(a) Subject to all provisions of this tension only, abrupt collapse means
Coverage Extension, you may an abrupt falling down or caving in of
extend the insurance that ap- a building or structure or any part of a
plies to "Business Income" and building or structure with the result
Extra Expense to apply to a that the building or structure or part
"suspension" of "operations" of the building or structure cannot be
caused by an interruption in occupied for its intended purpose.
computer operations due to de-
struction or corruption of "elec- (2) We will pay for direct "loss" to Cov-
tronic data" as described in ered Property, caused by abrupt col-
SECTION A. COVERAGE, 5. lapse of a building or structure or any
Coverage Extensions, d. Elec- part of a building or structure insured
tronic Data. under this Coverage Part, or that
contains Covered property insured
(b) Paragraph b.(7)(a) does not ap- under this Coverage Part, if such col-
ply to "loss" sustained or ex- lapse is caused by one or more of
pense incurred after the end of the following:
the "period of restoration", even
if the amount of insurance stated (a) Building or structure decay that
in Paragraph b.(7)(c) has not is hidden from view, unless the
been exhausted. presence of such decay is
known or should reasonably
(c) The most we will pay under Par- have been known to an insured
agraph b.(7) of this Coverage prior to collapse;
Extension is $2,500 for all "loss"
sustained and expense incurred (b) Insect or vermin damage that is
in the "coverage term", regard- hidden from view, unless the
less of the number of interrup- presence of such damage is
tions or the number of "premis- known or should reasonably
es" or computer systems in- have been known to an insured
volved. If loss payment relating prior to collapse;
to the first interruption does not (c) Use of defective material or
exhaust this amount, then the methods in construction, remod-
balance is available for subse- eling, or renovation if the abrupt
quent interruptions in that "cov- collapse occurs during the
erage term". A balance remain- course of the construction, re-
ing at the end of a "coverage modeling, or renovation.
term" does not carry over to the
next "coverage term". With re- (d) Use of defective materials or
spect to an interruption that be- methods in construction, remod-
gins in a "coverage term" and eling, or renovation if the abrupt
continues or results in additional collapse occurs after construc-
"loss" or expense in a subse- tion, remodeling, or renovation is
quent "coverage term", all "loss" complete but only if the collapse
and expense is deemed to be is caused in part by:
sustained in the "coverage term"
in which the interruption began. 1) A cause of loss listed in
Paragraph c.(2)(a) or
This $2,500 coverage for Inter- c.(2)(b) of this Coverage
ruption of Computer Operations Extension;
does not increase the Limit of
Insurance provided in this Cov- 2) One or more of the "speci-
erage Extension. fied causes of loss";
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3) Breakage of building glass; is not the result of abrupt collapse of
a building or structure, we will pay for
4) Weight of people or person- direct "loss" to Covered Property
al property; or caused by such collapse of personal
5) Weight of rain that collects property only if:
on a roof. (a) The collapse of personal proper-
(3) This Coverage Extension does not ty was caused by a Cause of
apply to: Loss listed in c.(2)(a) through
c.(2)(d) of this Coverage Exten-
(a) A building or structure or any sion;
part of a building or structure
that is in danger of falling down (b) The personal property that col-
or caving in; lapses is inside a building; and
(b) A part of a building or structure (c) The property that collapses is
that is standing, even if it has not of a kind listed in Paragraph
separated from another part of c.(4) above of this Coverage Ex-
the building or structure; or tension, regardless of whether
that kind of property is consid-
(c) A building or structure that is ered to be personal property or
standing or any part of a building real property.
or structure that is standing,
even if it shows evidence of The coverage stated in this Para-
cracking, bulging, sagging, graph c.(5) does not apply to per-
bending, leaning, settling, sonal property if marring and/or
shrinkage or expansion. scratching is the only damage to that
personal property caused by the col-
(4) With respect to the following proper- lapse.
ty:
(6) This Coverage Extension does not
(a) Outdoor radio or television an- apply to personal property that has
tennas (including satellite dish- not abruptly fallen down or caved in,
es) and their lead-in wiring, even if the personal property shows
masts or towers; evidence of cracking, bulging, sag-
ging, bending, leaning, settling,
(b) Awnings, gutters and down- shrinkage or expansion.
spouts;
(7) This Coverage Extension shall not
(c) Yard fixtures; increase the Limit of Insurance pro-
(d) Outdoor swimming pools; vided in this Coverage Part.
(e) Fences; (8) The term Covered Cause of Loss in-
cludes Collapse as described and
(f) Piers, wharves and docks; limited in Paragraphs c.(1) through
c.(7).
(g) Beach or diving platforms; in-
cluding their appurtenances; d. Electronic Data
(h) Retaining walls; and (1) This Coverage Extension does not
apply to your "stock" of prepackaged
(i) Walks, roadways and other software, or to "electronic data"
paved surfaces; which is integrated in and operates or
if an abrupt collapse is caused by a controls the building's elevator, light-
cause of loss listed in Paragraph ing, heating, ventilation, air condition-
c.(2)(a) through c.(2)(d), we will pay ing or security system.
for "loss" to that property only if: (2) We will pay for the cost to replace or
(a) Such "loss" is a direct result of restore "electronic data" which has
the abrupt collapse of a building been destroyed or corrupted by a
or structure insured under this Covered Cause of Loss that applies
Coverage Part; and to SECTION A. COVERAGE, 1.
Covered Property, d. Business
(b) The property is Covered Proper- Personal Property. To the extent
ty under this Coverage Part. that "electronic data" is not replaced
or restored, the "loss" will be valued
(5) If personal property abruptly falls at the cost of replacement of the me-
down or caves in and such collapse
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dia on which the "electronic data" f. Fences
was stored with blank media of sub-
stantially identical type. We will pay for direct "loss" caused by a
Covered Cause of Loss to your outdoor
(3) For the purposes of this Coverage fences that are located within 1,000 feet
Extension only, Covered Causes of of the "premises" and not otherwise in-
Loss include a virus, harmful code or sured as Covered Property in this Cover-
similar instruction introduced into or age Part.
enacted on a computer system (in-
cluding "electronic data") or a net- The most we will pay for "loss" in any one
work to which it is connected, that is occurrence under this Coverage Exten-
designed to damage or destroy any sion is $5,000.
part of the system or disrupt its nor- g. Fungi, Wet Rot, Dry Rot, and Bacteria -
mal operation. However, there is no Limited Coverage
coverage for "loss" caused by or re-
sulting from manipulation of a com- (1) The coverage described in Para-
puter system (including "electronic graphs g.(2) and g.(3) of this Cover-
data") by any employee, including a age Extension only apply when the
temporary or leased employee, or by "fungi", wet or dry rot or bacteria is
an entity retained by you or for you to the result of a Covered Cause of
inspect, design, install, modify, main- Loss that occurs during the "cover-
tain, repair or replace that system or age term" and only if all reasonable
"electronic data". means were used to save and pre-
serve the property from further dam-
(4) The most we will pay for all direct age at the time of and after that oc-
"loss" under this Coverage Exten- currence.
sion, regardless of the number of
"premises" or computer systems in- (2) We will pay for "loss" by "fungi", wet
volved, is $2,500. This limit is the or dry rot or bacteria. As used in this
most we will pay for the total of all di- Coverage Extension, the term "loss"
rect "loss" arising out of all occur- means:
rences that take place in the "cover-
age term". If loss payment on the first (a) Direct "loss" to Covered Property
occurrence does not exhaust this caused by "fungi", wet or dry rot
amount, then the balance is available or bacteria, including the cost of
for subsequent "loss" sustained in removal of the "fungi", wet or dry
the "coverage term". A balance re- rot or bacteria;
maining in a "coverage term" does (b) The cost to tear out and replace
not carry over to the next "coverage any part of the building or other
term". With respect to an occurrence property as needed to gain ac-
which begins in the "coverage term" cess to the "fungi", wet or dry rot
and continues or results in additional or bacteria; and
"loss" in a subsequent "coverage
term", all "loss" is deemed to be sus- (c) The cost of testing performed af-
tained in the "coverage term" in ter removal, repair, replacement
which the occurrence began. or restoration of the damaged
property is completed, provided
e. Exhibitions, Fairs or Trade Shows there is a reason to believe that
We will pay for direct "loss" caused by a "fungi", wet or dry rot or bacteria
Covered Cause of Loss to your Covered are present.
Property, including covered property of (3) For the coverage described under
others, while it is located at exhibitions, Paragraph g.(2) of this Coverage Ex-
fairs or trade shows. This Coverage Ex- tension, the most we will pay for
tension does not apply while Covered "loss", regardless of the number of
Property is in transit to or from the exhibi- claims, is $15,000. This limit is the
tion, fair or trade show. most we will pay for the total of all
The most we will pay for "loss" in any one "loss" arising out of all occurrences
occurrence is $10,000. that take place in the "coverage
term". With respect to a particular
The Limit of Insurance provided under occurrence of "loss" which results in
this Coverage Extension does not apply "fungi", wet or dry rot or bacteria, we
per location. will not pay more than a total of
$15,000 even if the "fungi", wet or dry
rot or bacteria continues to be pre-
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sent or active, or recurs, in a subse- tion of "fungi", wet or dry rot or
quent "coverage term". bacteria prolongs the "period of
restoration", we will pay for
(4) The coverage provided under this "loss" and/or expense sustained
Coverage Extension does not in- during the delay (regardless of
crease the applicable Limit of Insur- when such a delay occurs during
ance on any Covered Property. If a the "period of restoration"), but
particular occurrence results in "loss" such coverage is limited to 30
by "fungi", wet or dry rot or bacteria, days. The days need not be
and other "loss", we will not pay consecutive.
more, for the total of all "loss" than
the applicable Limit of Insurance on (7) This Coverage Extension does not
the affected Covered Property. apply to lawns, trees, plants or
shrubs that are part of any vegetative
If there is covered "loss" to Covered roof.
Property, not caused by "fungi", wet
or dry rot or bacteria, loss payment h. Glass
will not be limited by the terms of this
Coverage Extension, except to the (1) If a Covered Cause of Loss occurs to
extent that "fungi", wet or dry rot or building glass that is Covered Prop-
bacteria causes an increase in the erty, we will also pay necessary ex-
"loss". Any such increase in the penses you incur to:
"loss" will be subject to the terms of (a) Put up temporary plates or
this Coverage Extension. board up openings if repair or
(5) The terms of this Coverage Exten- replacement of damaged glass
sion do not increase or reduce the is delayed;
coverage provided under: (b) Repair or replace encasing
(a) SECTION A. COVERAGE, 5. frames;
Coverage Extensions, c. Col- (c) Remove or replace obstructions
lapse; (except expenses to remove or
(b) SECTION A. COVERAGE, 5. replace window displays); and
Coverage Extensions, s. Wa- (d) Repair or replace alarm tapes.
ter, Other Liquids, Powder or
Molten Material Damage (2) If you are a tenant at a covered
"premises" and:
(6) The following (6)(a) or (6)(b) apply
only if "Business Income", "Rental (a) The building you occupy is not
Value", or Extra Expense Coverage Covered Property; and
applies to the "premises" and only if
the "suspension" of "operations" sat- (b) You are legally liable for direct
isfies all terms and conditions of the "loss" to the building glass in that
applicable "Business Income", building;
"Rental Value", or Extra Expense such building glass, for the purposes
Coverage. of this Paragraph h.(2), is Covered
(a) If the "loss" which resulted in Property. The most we will pay for
"fungi", wet or dry rot or bacteria "loss" in any one occurrence is
does not in itself necessitate a $5,000. This building glass is subject
"suspension" of "operations", but to the building deductible as de-
such "suspension" is necessary scribed in SECTION C. DEDUCTI-
due to "loss" to property caused BLE.
by "fungi", wet or dry rot or bac- (3) For the purposes of this Coverage
teria, then our payment under Extension only, SECTION A. COV-
"Business Income" and/or Extra ERAGE, 3. Covered Causes of
Expense is limited to the amount Loss, b. Exclusions does not apply
of "loss" and/or expense sus- except as follows:
tained in a period of not more
than 30 days. The days need not (a) Exclusion (1)(b) Earth Move-
be consecutive. ment;
(b) If a covered "suspension" of (b) Exclusion (1)(c) Governmental
"operations" was caused by Action;
"loss" other than "fungi", wet or
dry rot or bacteria but remedia-
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(c) Exclusion (1)(d) Nuclear Haz- (b) Paragraph a.(2)(a) of this Cov-
ard; erage Extension does not apply
to:
(d) Exclusion (1)(f) War and Mili-
tary Action; 1) Any business personal
property covered under
(e) Exclusion (2)(d)1) Wear and BUILDING AND PERSON-
tear; and AL PROPERTY COVER-
(f) As listed in Exclusion (2)(d)2): AGE FORM, SECTION A.
Rust or other corrosion, hidden COVERAGE, 5. Coverage
or latent defect or any quality in Extensions, e. Exhibi-
property that causes it to dam- tions, Fairs, or Trade
age or destroy itself. Shows or m. Property Off
Premises;
i. Newly Purchased, Leased or Con-
structed Property 2) Any business personal
property that is covered un-
(1) Buildings der BUILDING AND PER-
SONAL PROPERTY COV-
If buildings are Covered Property in ERAGE FORM, SECTION
this Coverage Part, we will pay for di- A. COVERAGE, 5. Cover-
rect "loss" caused by a Covered age Extensions, p. Trans-
Cause of Loss to: portation or is otherwise
(a) Your new buildings or additions considered to be in-transit
while being built on the "premis- to or from a "premises".
es"; 3) Business personal property
(b) Buildings you newly purchase or of others that is temporarily
become newly required to insure in your possession in the
by written contract that are: course of installing or per-
forming work on such prop-
1) Intended for use by you as erty, or temporarily in your
a warehouse; or possession in the course of
your manufacturing or
2) Similarly used by you as wholesaling activities.
buildings insured under this
Coverage Part. The most we will pay for "loss" in any
one occurrence to your Business
The most we will pay for "loss" in any Personal Property under this Cover-
one occurrence to a building under age Extension is $500,000 at each
this Coverage Extension is 1,000,000 building.
for each building.
(3) Period of Coverage
(2) Business Personal Property
Coverage provided under this Cover-
(a) If business personal property is age Extension will end when any of
Covered Property in this Cover- the following first occurs:
age Part, we will pay for direct
"loss" caused by a Covered (a) This policy expires,
Cause of Loss to business per-
sonal property you newly pur- (b) For buildings described in Para-
chase or are required to insure graph (1)(a) of this Coverage
by written contract: Extension, 90 days pass from
the date you begin construction
1) While located at buildings on that part of the building that
described in Paragraph would qualify as Covered Prop-
a.(1) of this Coverage Ex- erty;
tension; or
(c) For business property described
2) While located in a leased in Paragraph (1)(b) and Para-
building or space therein graph (2)(a)1), 90 days after
that you are not required to your purchase or lease;
insure. Such lease must be
for a period of 12 consecu- (d) For business personal property
tive months or longer. described in Paragraph (2)(a)2),
90 days from the effective date
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of the lease of the building but only if caused by or resulting from any
space in the building; or of the following causes of loss if they are
included as Covered Causes of Loss un-
(e) You report values to us. der this Coverage Part:
We will charge you additional premium for (1) Fire;
values reported from the date you lease
or purchase the property, or begin con- (2) Lightning;
struction on that part of the building that
would qualify as Covered Property. (3) Explosion;
j. Nonowned Building Damage (4) Riot or Civil Commotion;
If you are a tenant at a covered "premis- (5) Aircraft; or
es" and: (6) Falling objects.
(1) The building you occupy is not Cov- We will pay for the debris removal ex-
ered Property; and penses of the above type property that
(2) You are legally liable for direct "loss" are not your Covered Property if such de-
to that building; bris is on your "premises" due to the Cov-
ered Causes of Loss described in this
We will pay for direct "loss" to that build- Coverage Extension. If you are a tenant,
ing caused by burglary, robbery, theft or we do not pay debris removal expenses
attempted theft. for trees, plants or shrubs owned by the
landlord or owner of the building you oc-
This Coverage Extension does not apply cupy.
to:
No other coverage for debris removal ex-
(1) Glass, including lettering and orna- penses provided in this Coverage Part
mentation, and also necessary: applies to this Outdoor Property Cover-
(a) Repair or replacement of encas- age Extension.
ing frames or alarm tapes; and The most we will pay for "loss" in any one
(b) Expenses incurred to board up occurrence under this Coverage Exten-
openings or remove or replace sion is $5,000, but not more than $1,000
obstruction. for any one tree, shrub or plant.
(2) Building materials and equipment l. Personal Effects
removed from the "premises". If business personal property is Covered
This Coverage Extension does not apply Property in this Coverage Part, we will
if you have purchased other insurance in pay for direct "loss" caused by a Covered
your name on the building you occupy as Cause of Loss to personal effects owned
required by the lease. by:
The most we will pay for "loss" in any one (1) You, your officers, or your partners,
occurrence under this Coverage Exten- or if you are a limited liability compa-
sion is $25,000. ny, your members or your managers;
or
k. Outdoor Property
(2) Your employees (including temporary
We will pay for direct "loss" caused by a and leased employees), including
Covered Cause of Loss to the following tools owned by your employees that
types of your Covered Property: are used in your business. However,
employee tools are not covered for
(1) Radio antennas, television antennas theft.
or satellite dishes (including their
lead-in wiring, masts and towers); This Coverage Extension does not apply
to "money" or "securities".
(2) Trees, shrubs or plants (other than
trees, shrubs or plants which are If theft is included as a Covered Cause of
"stock" or part of a vegetative roof), Loss under this Coverage Part, then this
including debris removal ; and Coverage Extension has a $500 per oc-
currence limitation for direct "loss" by
(3) If you are a tenant, to your awnings theft.
that are attached to a building you
occupy;
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The most we will pay for "loss" in any one (a) While the trailer is attached to
occurrence under this Coverage Exten- any motor vehicle or motorized
sion is $10,000. conveyance, whether or not the
motor vehicle or motorized con-
m. Property Off Premises veyance is in motion;
(1) We will pay for direct "loss" caused (b) During hitching or unhitching
by a Covered Cause of Loss to your operations, or when a trailer be-
Covered Property, including covered comes accidentally unhitched
personal property of others, while it is from a motor vehicle or motor-
away from the "premises", if it is: ized conveyance.
(a) Temporarily at a location you do (3) This insurance is excess over the
not own, lease or operate; or amount due, whether you can collect
(b) In storage at a location you on it or not, from any other insurance
lease, provided the lease was covering such property.
executed for the first time after (4) This Coverage Extension does not
the beginning of the current apply to any property inside or on the
"coverage term". trailer.
(2) This Coverage Extension does not The most we will pay for "loss" in any one
apply to Covered Property at exhibi- occurrence under this Coverage Exten-
tions, fairs, trade show, or in transit. sion is $5,000.
The most we will pay for "loss" in any one p. Transportation
occurrence under this Coverage Exten-
sion is $10,000. We will pay for direct "loss" caused by a
Covered Cause of Loss to your Covered
The Limit of Insurance provided by this Property, including covered personal
Coverage Extension does not apply per property of others while it is in or on a ve-
location. hicle, including loading and unloading of
n. Signs the property.
We will pay for direct "loss" caused by a The most we will pay for "loss" in any one
Covered Cause of Loss, including debris occurrence is $10,000.
removal expense, to signs not otherwise The Limit of Insurance provided by this
insured by this Coverage Part. Coverage Extension does not apply per
The most we will pay for "loss" in any one location.
occurrence under this Coverage Exten- q. Utility Services
sion is $5,000.
We will pay for:
The Limit of Insurance provided by this
Coverage Extension does not apply per (1) Direct "loss" to Covered Property at
location. your "premises" except for direct
"loss" resulting from the partial or
o. Trailers (Nonowned Detached) complete failure of Wastewater Re-
(1) If business personal property is Cov- moval Services; and
ered Property in this Coverage Part, (2) Loss of "Business Income" you sus-
we will pay for direct "loss" caused by tain and Extra Expenses you incur as
a Covered Cause of Loss to trailers provided in SECTION A. COVER-
that you do not own, provided that: AGE, 5. Coverage Extensions, b.
(a) The trailer is used in your busi- Business Income and Extra Ex-
ness; pense;
(b) The trailer is temporarily in your caused by or resulting from the partial or
care, custody or control at the complete failure of utility services to the
"premises"; and "premises".
(c) You have a contractual respon- The partial or complete failure of the utility
sibility to pay for "loss" to the services listed below must be caused by
trailer. direct "loss" caused by a Covered Cause
of Loss to the following property:
(2) We will not pay for any direct "loss"
that occurs: (1) Power Supply Property, meaning the
following types of property supplying
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electricity, steam or natural gas to the r. Valuable Papers and Records
"premises":
SECTION C. DEDUCTIBLE does not ap-
(a) Utility generating plants; ply to this Coverage Extension.
(b) Switching stations; (1) Subject to Paragraph r.(3) of this
Coverage Extension, we will pay
(c) Substations; necessary costs you incur to re-
(d) Transformers; and search, replace or restore lost or
damaged information on "valuable
(e) Transmission, distribution, ser- papers and records" that are your
vice, or similar lines, excluding property or the property of others in
all such overhead lines of any your care, custody or control; result-
type. ing from direct "loss" caused by a
Covered Cause of Loss.
(2) Water Supply Property, meaning the
following types of property supplying (2) Coverage does not apply to:
water to the "premises":
(a) Property that cannot be replaced
(a) Pumping stations; and with other property of like kind
and quality;
(b) Water mains.
(b) Property held as samples or for
(3) Wastewater Removal Property, delivery after sale;
meaning a utility system for removing
wastewater and sewage from the (c) Property in storage away from
"premises", other than a system de- the "premises", except as pro-
signed primarily for draining storm vided in Paragraph r.(4)(b) of
water. The utility property includes this Coverage Extension;
sewer mains, pumping stations and
similar equipment for moving the ef- (d) Contraband, or property in the
fluent to a holding, treatment or dis- course of illegal transportation or
posal facility, and includes such facili- trade;
ties. Coverage under this Coverage (e) "Valuable papers and records" in
Extension does not apply to interrup- the form of "electronic data", in-
tion in service caused by or resulting cluding the materials on which
from a discharge of water or sewage the "electronic data" is recorded.
due to heavy rainfall or flooding.
(3) The most we will pay for "loss" is the
(4) Communication Supply Property, least of the following amounts:
meaning property supplying commu-
nication services, including service (a) The cost of reasonably restoring
relating to Internet access or access the damaged property to its
to any electronic, cellular or satellite condition immediately before the
network; telephone, radio, microwave "loss";
or television services to the "premis-
es", such as: (b) The cost of replacing the dam-
aged property with substantially
(a) Communication transmission, identical property; or
distribution, service or similar
lines, including fiber optic lines, (c) The actual cash value of the
excluding all such overhead damaged property at the time of
lines of any type; "loss".
(b) Coaxial cables; and However, we will not pay for "loss"
unless or until the damaged property
(c) Microwave radio relays, exclud- is actually replaced or restored; and
ing satellites. then only if such replacement or res-
toration occurs within 36 months from
This Coverage Extension does not apply the date of direct "loss".
to "loss" to "electronic data", including de-
struction or corruption of "electronic data". (4) We will extend coverage to include:
The most we will pay for all direct "loss" (a) Removal
and loss of "Business Income" and Extra
Expense in any one occurrence is If you give us written notice with-
$25,000. in 30 days of removal of your
"valuable papers and records"
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because of imminent danger of This Paragraph r.(6)(a) applies
direct "loss" from a Covered whether or not such persons are
Cause of Loss, we will pay for acting alone or in collusion with
direct "loss" while they are: other persons or such act occurs
during the hours of employment.
1) At a safe place away from
your "premises"; or However, this Paragraph r.(6)(a)
does not apply to dishonest acts
2) Being taken to and returned of a carrier for hire or to acts of
from that place. destruction by your employees.
This Removal coverage is in- However, theft by employees is
cluded within the Limits of Insur- still not covered.
ance applicable to this Coverage (b) Errors or omissions in pro-
Extension. cessing or copying. However,
(b) Away From Your Premises we will pay for that portion of di-
rect "loss" caused by resulting
We will pay up to $5,000 in any fire or explosion if these causes
one occurrence, regardless of of loss would be covered by this
the number of locations, for di- Coverage Part.
rect "loss" caused by a Covered
Cause of Loss to "valuable pa- (c) Electrical or magnetic injury, dis-
pers and records" while they are turbance or erasure of electronic
away from your "premises". recordings. But we will pay for
direct "loss" caused by lightning.
This Away From Premises limit
is in addition to the Limit of In- (d) Voluntary parting with any prop-
surance applicable to this Cov- erty by you or anyone entrusted
erage Extension. with the property if induced to do
so by any fraudulent scheme,
(5) SECTION A. COVERAGE, 3. Cov- trick, device or false pretense.
ered Causes of Loss, b. Exclu-
sions does not apply to this Cover- The most we will pay for "loss" in any one
age Extension except as follows: occurrence is $25,000.
(a) Exclusion (1)(c) Governmental s. Water Damage, Other Liquids, Powder
Action; or Molten Material Damage
(b) Exclusion (1)(d) Nuclear Haz- If a covered direct "loss" to which this in-
ard; and surance applies was caused by or result-
ed from water or other liquid, powder or
(c) Exclusion (1)(f) War and Mili- molten material damage, we will also pay
tary Action. the cost to tear out and replace any oth-
erwise undamaged part of the building or
(6) In addition to Paragraph r.(5) of this structure to repair damage to the system
Coverage Extension, we will not pay or appliance from which the water or oth-
for direct "loss" resulting from any of er substance escapes.
the following:
SECTION B. LIMITS OF INSURANCE
(a) Dishonest or criminal acts by:
The most we will pay for "loss" in any one occur-
1) You, your partners, employ- rence is the applicable Limit of Insurance shown in
ees, directors, trustees or the Declarations, except as amended in SECTION
authorized representatives; A. COVERAGE, 3. Covered Causes of Loss, c.
2) A manager or a member if Limitations, 4. Additional Coverages, and 5.
you are a limited liability Coverage Extensions.
company; SECTION C. DEDUCTIBLE
3) Anyone else with an interest Except as otherwise provided; in any one occur-
in the records of accounts rence of direct "loss" we will first reduce the
receivable, or their employ- amount of "loss" if required by SECTION E. ADDI-
ees or authorized repre- TIONAL CONDITIONS, 1. Coinsurance or SEC-
sentatives; or TION F. OPTIONAL COVERAGES, 1. Agreed
4) Anyone else entrusted with Value. If the adjusted amount of direct "loss" is
the records of accounts re- less than or equal to the Deductible, we will not
ceivable for any purpose. pay for that direct "loss". If the adjusted amount of
direct "loss" exceeds the Deductible, we will then
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subtract the Deductible from the adjusted amount 2. Glass Deductible
of direct "loss", and will pay the resulting amount or
the Limit of Insurance, whichever is less. When direct "loss" to the building you occupy
only involves building glass, the Deductible for
When the occurrence involves direct "loss" to more that "loss" will be the lesser of:
than one item of Covered Property and separate
Limits of Insurance apply, the losses will not be a. $500; or
combined in determining application of the Deduct- b. The Deductible shown in the Declarations
ible. But the Deductible will be applied only once for that Covered Property.
per occurrence.
SECTION D. LOSS CONDITIONS
1. Deductible Examples
The following conditions apply in addition to the
Example No. 1: COMMON POLICY CONDITIONS and the COM-
(This example assumes there is no coinsur- MERCIAL PROPERTY CONDITIONS.
ance penalty as outlined in SECTION E. AD-
1. Abandonment
DITIONAL CONDITIONS, 1. Coinsurance).
Deductible: $250 There can be no abandonment of any property
to us.
Limit of Insurance - Bldg. 1: $60,000
Limit of Insurance - Bldg. 2: $80,000 2. Appraisal
"Loss" to Bldg. 1: $60,100 If we and you disagree on the value of the
property, the amount of Net Income and oper-
"Loss" to Bldg. 2: $90,000
ating expense, or the amount of "loss", either
The amount of "loss" to Bldg. 1 ($60,100) is may make written demand for an appraisal of
less than the sum ($60,250) of the Limit of In- the "loss". In this event, each party will select
surance applicable to Bldg. 1 plus the Deduct- a competent and impartial appraiser. The two
ible. appraisers will select an umpire. If they cannot
agree, either may request that selection be
The Deductible will be subtracted from the made by a judge of a court having jurisdiction.
amount of "loss" in calculating the "loss" pay- The appraisers will state separately the value
able for Bldg. 1: of the property, the amount of Net Income and
$60,100 - $250 = $59,850 "Loss" Payable - operating expense, and amount of "loss". If
Bldg. 1 they fail to agree, they will submit their differ-
ences to the umpire. A decision agreed to by
The Deductible applies once per occurrence any two will be binding. Each party will:
and therefore is not subtracted in determining
the amount of "loss" payable for Bldg. 2. a. Pay its chosen appraiser; and
"Loss" payable for Bldg. 2 is the Limit of In- b. Bear the other expenses of the appraisal
surance of $80,000. and umpire equally.
Total amount of "loss" payable: $59,850 + If there is an appraisal, we still retain our right
80,000 = $139,850. to deny the claim.
Example No. 2: 3. Duties in the Event of Loss or Damage
(This example also assumes there is no coin- a. In the event of "loss" to Covered Property,
surance penalty). you must see that the following are done
The Deductible and Limits of Insurance are in order for coverage to apply:
the same as those in Example No. 1: (1) Notify the police if a law may have
"Loss" to Bldg. 1: $70,000 (Exceeds Limit of been broken.
Insurance plus Deductible) (2) Give us prompt notice of the "loss".
"Loss" to Bldg. 2: $90,000 (Exceeds Limit of Include a description of the property
Insurance plus Deductible) involved.
"Loss" Payable - Bldg. 1: $60,000 (Limit of (3) As soon as possible, give us a de-
Insurance) scription of how, when and where the
"loss" occurred.
"Loss" Payable - Bldg. 2: $80,000 (Limit of
Insurance) (4) Take all reasonable steps to protect
the Covered Property from further
Total amount of "loss" payable: $140,000. damage. If feasible, set the damaged
property aside and in the best possi-
ble order for examination. Keep a
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record of your expenses necessary We will determine the value of lost or
to protect the Covered Property for damaged property, or the cost of its repair
consideration in the settlement of the or replacement, in accordance with the
claim. This will not increase your limit applicable terms of SECTION D. LOSS
of insurance. However, in no event CONDITIONS, 7. Valuation or any appli-
will we pay for any subsequent "loss" cable provision that amends or super-
resulting from a cause of loss that is cedes this valuation condition.
not a Covered Cause of Loss.
b. The cost of repair or replacement does
(5) At our request, give us complete in- not include the increased cost attributable
ventories of the damaged and un- to enforcement of or compliance with any
damaged property. Include quanti- ordinance or law regulating the construc-
ties, costs, values and amount of tion, use or repair of any property, except
"loss" claimed. as provided in SECTION A. COVERAGE,
4. Additional Coverages, g. Ordinance
(6) As often as may be reasonably re- or Law.
quired, permit us to inspect the prop-
erty proving the "loss" and examine c. We will give notice of our intentions within
your books and records. 30 days after we receive the sworn proof
of loss.
Also permit us to take samples of
damaged and undamaged property d. We will not pay you more than your finan-
for inspection, testing and analysis cial interest in the Covered Property.
and permit us to make copies from
your books and records. e. We may adjust "losses" with the owners
of lost or damaged property if other than
(7) Submit a signed sworn proof of loss you. If we pay the owners, such payments
containing the information we request will satisfy your claims against us for the
to investigate the claim. You must do owners' property. We will not pay the
this within 60 days after our request. owners more than their financial interest
We will supply you with the neces- in the Covered Property.
sary forms.
f. Our payment for "loss" to personal prop-
(8) Cooperate with us in the investigation erty of others and personal effects will on-
or settlement of the claim. ly be for the account of the owner of the
property.
(9) If you intend to continue your busi-
ness, you must resume all or part of g. We may elect to defend you against suits
your "operations" as quickly as pos- arising from claims of owners of property.
sible. We will do this at our expense.
b. We may examine any insured under oath, h. We will pay for insured "loss" within 30
while not in the presence of any other in- days after we receive the sworn proof of
sured and at such times as may be rea- loss if you have complied with all of the
sonably required about any matter relat- terms of this Coverage Part; and
ing to this insurance or the claim, includ-
ing an insured's books and records. In the (1) We have reached agreement with
event of an examination, an insured's an- you on the amount of "loss"; or
swers must be signed. (2) An appraisal award has been made.
4. Loss Payment i. Loss Payment - Ordinance or Law.
a. In the event of "loss" insured by this Cov- With respect to SECTION A. COVER-
erage Part, at our option, we will either: AGE, 4. Additional Coverages, g. Ordi-
(1) Pay the value of lost or damaged nance or Law:
property; (1) Loss of Use of Undamaged Parts
(2) Pay the cost of repairing or replacing of Building
the lost or damaged property; When there is a loss in value of an
(3) Take all or any part of the property at undamaged portion of a building or
an agreed or appraised value; or structure to which this coverage ap-
plies, the loss payment for that build-
(4) Repair, rebuild or replace the proper- ing, including damaged and undam-
ty with other property of like kind and aged portions, will be determined as
quality. follows:
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(a) If BUILDING AND PERSONAL (b) The limit of insurance indicated
PROPERTY COVERAGE in SECTION A. COVERAGE, 4.
FORM, SECTION F. OPTIONAL Additional Coverages, g. Or-
COVERAGES, 3. Replacement dinance or Law for Demolition
Cost applies and the property is Costs for the building that has
repaired or replaced, on the suffered "loss".
same "premises" or another
"premises"; we will not pay more (3) Increased Costs of Construction
than the lesser of: Loss payment for Increased Costs
1) The amount you actually of Construction will be determined
spend to repair, rebuild or as follows:
reconstruct the building, but (a) We will not pay for the increased
not for more than the cost of construction until the
amount it would cost to re- property is actually repaired or
store the building on the replaced, at the same "premis-
same "premises" and to the es" or another location and un-
same height, floor area, less the repairs or replacement
style and comparable quali- are made as soon as reasonably
ty of the original property in- possible after the direct "loss",
sured; or not to exceed two years. We
2) The limit of insurance indi- may extend this period in writing
cated in SECTION A. during the two years.
COVERAGE, 4. Additional (b) If the building is repaired or re-
Coverages g. Ordinance placed at the same "premises",
or Law for Loss of Use of or if you elect to rebuild at an-
Undamaged Parts of other "premises", the most we
Building for the building will pay for the Increased cost
that has suffered "loss". of construction is the lesser of:
(b) If BUILDING AND PERSONAL 1) The increased cost of con-
PROPERTY COVERAGE struction at the same "prem-
FORM, SECTION F. OPTIONAL ises"; or
COVERAGES, 3. Replacement
Cost applies and the property is 2) The limit of insurance indi-
not repaired or replaced, or if the cated in SECTION A.
Replacement Cost Coverage COVERAGE, 4. Additional
Option does not apply, we will Coverages, g. Ordinance
not pay more than the lesser of: or Law for Increased
Costs of Construction for
1) The "actual cash value" of the building that has suf-
the building at the time of fered "loss".
"loss"; or
(c) If the ordinance or law requires
2) The limit of insurance indi- relocation to another location the
cated in SECTION A. most we will pay for the in-
COVERAGE, 4. Additional creased cost of construction is
Coverages, g. Ordinance the lesser of:
or Law for Loss of Use of
Undamaged Parts of 1) The increased cost of con-
Building for the building struction at the new loca-
that has suffered "loss". tion; or
(2) Demolition Costs 2) The limit of insurance indi-
cated in SECTION A.
Loss payment for Demolition Costs COVERAGE, 4. Additional
will be determined as follows: Coverages, g. Ordinance
We will not pay more than the lesser or Law for Increased
of the following: Costs of Construction for
the building that has suf-
(a) The amount you actually spend fered "loss".
to demolish and clear the site of
the "premises"; or (4) Proportional Payments
If the building or structure sustains
both direct "loss" that is covered un-
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der this Coverage Part and direct had occurred. We will deduct
"loss" that is not covered under this from the total of such expenses:
Coverage Part; and as a result of the
direct "loss" in its entirety you are re- 1) The salvage value that re-
quired to comply with the ordinance mains of any property
or law, we will not pay the full amount bought for temporary use
of direct "loss" otherwise payable un- during the "period of resto-
der the terms of SECTION A. COV- ration", once "operations"
ERAGE, 4. Additional Coverages, are resumed; and
g. Ordinance or Law. Instead, we 2) Any Extra Expense that is
will pay a proportion of such direct paid for by other insurance,
"loss"; meaning the proportion that except for insurance that is
the covered direct "loss" bears to the written subject to the same
total direct "loss". plan, terms, conditions and
j. Loss Determination - Business Income provisions as this insurance;
and Extra Expense and
With respect to SECTION A. COVER- (b) Necessary expenses that reduce
AGE, 5. Coverage Extensions, b. Busi- the "Business Income" and
ness Income and Extra Expense, "Rental Value" "loss" that other-
wise would have been incurred.
(1) The amount of "Business Income"
and "Rental Value" "loss" will be de- (3) Resumption of Operations
termined based on: We will reduce the amount of your:
(a) The Net Income of the business (a) "Business Income" and "Rental
before the direct "loss" occurred; Value" "loss", other than Extra
(b) The likely Net Income of the Expense, to the extent you can
business if no direct "loss" had resume your "operations", in
occurred, but not including any whole or in part, by using dam-
Net Income that would likely aged or undamaged property
have been earned as a result of (including merchandise or
an increase in the volume of "stock") at the "premises" or
business due to favorable busi- elsewhere.
ness conditions caused by the (b) Extra Expense "loss" to the ex-
impact of the Covered Cause of tent you can return "operations"
Loss on customers or on other to normal and discontinue such
businesses; Extra Expense.
(c) The operating expenses, includ- (4) If you do not resume "operations", or
ing payroll expenses, necessary do not resume "operations" as quick-
to resume "operations" with the ly as possible, we will pay based on
same quality of service that ex- the length of time it would have taken
isted just before the direct "loss"; to resume "operations" as quickly as
and possible.
(d) Other relevant sources of infor- k. Party Walls
mation, including;
A party wall is a wall that separates and is
1) Your financial records and common to adjoining buildings that are
accounting procedures; owned by different parties. In settling
2) Bills, invoices and other covered losses involving a party wall, we
vouchers; and will pay a proportion of the "loss" to the
party wall based on your interest in the
3) Deeds, liens or contracts. wall in proportion to the interest of the
owner of the adjoining building. However,
(2) The amount of Extra Expense will be if you elect to repair or replace your build-
determined based on: ing and the owner of the adjoining build-
(a) All expenses that exceed the ing elects not to repair or replace that
normal operating expenses that building, we will pay you the full value of
would have been incurred by the "loss" to the party wall, subject to all
"operations" during the "period applicable policy provisions all other pro-
of restoration" if no direct "loss" visions of this SECTION D. LOSS CON-
DITIONS, 4. Loss Payment including:
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(1) Limit of Insurance shown in the Dec- (2) Buildings under construction or reno-
larations; vation are not considered vacant.
(2) SECTION D. LOSS CONDITIONS, b. Vacancy Provisions
7. Valuation; and
If the building where direct "loss" occurs
(3) SECTION E. ADDITIONAL CONDI- has been vacant for more than 60 con-
TIONS, 1. Coinsurance. secutive days before that "loss", we will:
Our payment under the provisions of this (1) Not pay for any "loss" caused by any
paragraph does not alter any right of sub- of the following, even if they are
rogation we may have against any entity, Covered Causes of Loss:
including the owner or insurer of the ad-
joining building, and does not alter the (a) Vandalism;
terms of COMMERCIAL PROPERTY (b) Sprinkler leakage, unless you
CONDITIONS, I. Transfer Of Rights Of have protected the system
Recovery Against Others To Us in this against freezing;
Coverage Part.
(c) Building glass breakage;
5. Recovered Property
(d) Water damage;
If either you or we recover any property after
loss settlement, that party must give the other (e) Theft; or
prompt notice. At your option, the property will
be returned to you. You must then return to us (f) Attempted theft.
the amount we paid to you for the property. (2) Reduce the amount we would other-
We will pay recovery expenses and the ex- wise pay for the "loss" by 15% with
penses to repair the recovered property, sub- respect to Covered Causes of Loss
ject to the Limit of Insurance. other than those listed in b.(1)(a)
6. Vacancy through b.(1)(f) of this Loss Condi-
tion.
a. Description of Terms
7. Valuation
(1) As used in this Vacancy Condition,
the term building and the term vacant We will determine the value of Covered Prop-
have the meanings set forth in (1)(a) erty in the event of direct "loss" as follows:
and (1)(b) below: a. At "Actual Cash Value" as of the time of
(a) When this Coverage Part is is- direct "loss", except as provided in b., c.,
sued to a tenant, and with re- d., and e. below.
spect to that tenant's interest in b. If the Limit of Insurance for Building satis-
Covered Property, building fies SECTION E. ADDITIONAL CONDI-
means the unit or suite rented or TIONS, 1. Coinsurance, and the cost to
leased to the tenant. Such build- repair or replace the damaged building
ing is vacant when it does not property is $2,500 or less, we will pay the
contain enough business per- cost of building repairs or replacement.
sonal property to conduct cus-
tomary operations. The cost of building repairs or replace-
ment does not include the increased cost
(b) When this Coverage Part is is- attributable to enforcement of or compli-
sued to the owner or general ance with any ordinance or law regulating
lessee of a building, building the construction, use or repair of any
means the entire building. Such property. However, the following property
building is vacant unless at least will be valued at actual cash value even
31% of its total square footage when attached to the building:
is:
(1) Awnings or floor coverings;
1) Rented to a lessee or sub-
lessee and used by them to (2) Appliances for refrigerating, ventilat-
conduct their customary op- ing, cooking, dishwashing or launder-
erations; or ing; or
2) Used by the building owner (3) Outdoor equipment or furniture.
to conduct customary oper-
ations. c. "Stock" you have sold but not delivered at
the selling price less discounts and ex-
penses you otherwise would have had.
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d. Glass at the cost of replacement with (3) Multiply to the total amount of "loss",
safety glazing material if required by law. before the application of any deducti-
ble, by the figure determined in step
e. Tenant's Improvements and Betterments (2); and
at:
(4) Subtract the deductible from the fig-
(1) Replacement Cost of the lost or ure determined in step (3).
damaged property if you make re-
pairs promptly. We will pay the amount determined in
step (4) or the Limit of Insurance, which-
(2) A proportion of your original cost if ever is less. For the remainder, you will
you do not make repairs promptly. either have to rely on other insurance or
We will determine the proportionate absorb the "loss" yourself.
value as follows:
Example No. 1 (Underinsurance):
(a) Multiply the original cost by the
number of days from the "loss" The value of the property is: $250,000
or damage to the expiration of The coinsurance percentage is: 80%
the lease; and The Limit of Insurance is: $100,000
The Deductible is: $250
(b) Divide the amount determined in The amount of "loss" is: $40,000
(a) above by the number of days
from the installation of improve- Step (1):
ments to the expiration of the
lease. $250,000 X 80% = $200,000 (the
minimum amount of insurance to
If your lease contains a renewal op- meet your Coinsurance require-
tion, the expiration of the renewal op- ments)
tion period will replace the expiration
of the lease in this procedure. Step (2):
(3) Nothing if others pay for repairs or $100,000 divided by $200,000 = .50
replacement. Step (3):
(4) For the purposes of valuation, ten- $40,000 X .50 = $20,000
ants' improvements and betterments
are not considered to be the personal Step (4):
property of others.
$20,000 - $250 = $19,750.
SECTION E. ADDITIONAL CONDITIONS We will pay no more than $19,750. The
remaining $20,250 is not covered.
The following conditions apply in addition to the
COMMON POLICY CONDITIONS and the COM- Example No. 2 (Adequate Insurance):
MERCIAL PROPERTY CONDITIONS.
The value of the property is: $250,000
1. Coinsurance The coinsurance percentage is: 80%
The Limit of Insurance is: $200,000
If a Coinsurance percentage is shown in the
The Deductible is: $250
Declarations, the following condition applies.
The amount of "loss" is: $40,000
a. We will not pay the full amount of any
"loss" if the value of Covered Property at Step (1):
the time of direct "loss" times the Coin- $250,000 X 80% = $200,000 (the
surance percentage shown for it in the minimum amount of insurance to
Declarations is greater than the Limit of meet your Coinsurance require-
Insurance for the property. ments)
Instead, we will determine the most we Step (2):
will pay using the following steps:
$200,000 : $200,000 = 1.00
(1) Multiply the value of Covered Proper-
ty at the time of direct "loss" by the Step (3):
Coinsurance percentage; $40,000 X 1.00 = $40,000
(2) Divide the Limit of Insurance of the Step (4):
property by the figure determined in
step (1); $40,000 - $250 = $39,750.
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We will pay no more than $39,750 "loss" with the terms of this Coverage Part, the
in excess of the Deductible. No penalty mortgage holder will still have the right to
applies. receive loss payment if the mortgage
holder:
b. If one Limit of Insurance applies to two or
more separate items, this condition will (1) Pays any premium due under this
apply to the total of all property to which Coverage Part at our request if you
the limit applies. have failed to do so;
Example No. 3: (2) Submits a signed, sworn statement
of loss within 60 days after receiving
The values of the property are:
notice from us of your failure to do
Bldg. at Location No. 1: $75,000 so; and
Bldg. at Location No. 2: $100,000
(3) Has notified us of any change in
Personal Property at ownership, occupancy or substantial
Location No. 2: $75,000 change in risk known to the mortgage
holder.
250,000
All of the terms of this Coverage Part will
The coinsurance percentage is: 90% then apply directly to the mortgage hold-
The Limit of Insurance for er.
Buildings and Personal
e. If we pay the mortgage holder for any
Property at Location "loss" and deny payment to you because
Nos. 1 and 2 is: $180,000 of your acts or because you have failed to
The Deductible is: $1,000 comply with the terms of this Coverage
The amount of "loss" is: Part:
Bldg. at Location No. 2: $30,000
Personal Property at (1) The mortgage holder's rights under
Location No. 2: $20,000 the mortgage will be transferred to us
$50,000 to the extent of the amount we pay;
Step (1): and
$250,000 X 90% = $225,000 (2) The mortgage holder's right to recov-
(the minimum amount of insurance to er the full amount of the mortgage
meet your Coinsurance requirements holder's claim will not be impaired.
and to avoid the penalty shown be-
low) At our option, we may pay to the mort-
gage holder the whole principal on the
Step (2): mortgage plus any accrued interest. In
$180,000 : $225,000 = .80 this event, your mortgage and note will be
transferred to us and you will pay your
Step (3):
remaining mortgage debt to us.
$50,000 X .80 = $40,000
Step (4): f. If we cancel this policy, we will give writ-
ten notice to the mortgage holder at least:
$40,000 - $1,000 = $39,000.
(1) 10 days before the effective date of
We will pay no more than $39,000. The cancellation if we cancel for your
remaining $11,000 is not covered. nonpayment of premium; or
2. Mortgage Holders (2) 30 days before the effective date of
cancellation if we cancel for any oth-
a. The term "mortgage holder" includes trus- er reason.
tee.
g. If we elect not to renew this policy, we will
b. We will pay for covered "loss" to buildings give written notice to the mortgage holder
or structures to each mortgage holder at least ten days before the expiration
shown in the Declarations in their order of date of this policy.
precedence, as interests may appear.
c. The mortgage holder has the right to re- SECTION F. OPTIONAL COVERAGES
ceive loss payment even if the mortgage If shown as applicable in the Declarations, the fol-
holder has started foreclosure or similar lowing Optional Coverages apply separately to
action on the building or structure.
each item.
d. If we deny your claim because of your
acts or because you have failed to comply
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1. Agreed Value The number of days since the
beginning of the policy year (or
a. The Additional Condition, Coinsurance, last policy change) is: 146
does not apply to Covered Property to
which this Optional Coverage applies. We The amount of increase is
will pay no more for direct "loss" to that $100,000 X .08 X (146/365) =
property than the proportion that the Limit $3,200
of Insurance under this Coverage Part for
the property bears to the Limit of Insur- 3. Replacement Cost
ance indicated in the most current State- a. Replacement Cost (without deduction for
ment of Values that applies to this Cover- depreciation) replaces "Actual Cash Val-
age Part. ue" in SECTION D. LOSS CONDITIONS,
b. If the Agreed Value Optional Coverage is 7. Valuation of this BUILDING AND
deleted from the policy, the Additional PERSONAL PROPERTY COVERAGE
Condition, Coinsurance, is reinstated and FORM.
this Optional Coverage does not apply. b. This Optional Coverage does not apply
c. The terms of this Optional Coverage ap- to:
ply only to "loss" that occurs: (1) Personal Property of others, except
(1) On or after the effective date of this leased personal property as de-
Optional Coverage; and scribed in SECTION A. COVERAGE,
1. Covered Property, d.(7). The val-
(2) Before the policy expiration date. uation of such leased personal prop-
erty will be based on the amount for
d. This Agreed Value Optional Coverage which you are liable under the lease,
does not apply to SECTION A. COVER- but not to exceed the replacement
AGE, 5. Coverage Extensions, b. Busi- cost of the leased item.
ness Income and Extra Expense.
(2) Personal effects;
2. Inflation Guard
(3) Contents of a residence;
a. The Limit of Insurance for property to
which this Optional Coverage applies will (4) Manuscripts;
automatically increase by the annual per-
centage shown in the Declarations. (5) Works of art, antiques or rare arti-
cles, including etchings, pictures,
b. The amount of increase will be: statuary, marbles, bronzes, porce-
lains and bric-a-brac;
(1) The Limit of Insurance that applied
on the beginning of the current "cov- (6) "Stock" unless the Replacement Cost
erage term" or any other Coverage including "Stock" option is shown in
Part change amending the Limit of the Declarations; or
Insurance, multiplied by
(7) Property, that at the time of "loss":
(2) The percentage of annual increase
shown in the Declarations, expressed (a) Is outdated, or obsolete and is
as a decimal (example: 8% is .08), stored or not being used; or
multiplied by (b) Has no practical value to you.
(3) The number of days since the begin- c. You may make a claim for "loss" covered
ning of the current "coverage term" or by this insurance on an "Actual Cash Val-
the effective date of the most recent ue" basis instead of on a replacement
policy change amending the Limit of cost basis. In the event you elect to have
Insurance, divided by 365. In the "loss" settled on an "Actual Cash Value"
event of "loss", this number of days basis, you may still make a claim for the
ends at the original date of "loss". additional coverage this Optional Cover-
Example: age provides if you notify us of your intent
to do so within 180 days after the "loss".
If: The applicable Limit of Insur-
ance is: $100,000 d. We will not pay on a replacement cost
basis for any "loss":
The Annual percentage increase
is: 8% (1) Until the lost or damaged property is
actually repaired or replaced with
other property of generally the same
construction and used for the same
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purpose as the lost or damaged any period is for a period of less than 12
property; and months, constitute individual "coverage
terms". The last "coverage term" ends at
(2) Unless the repairs or replacement 12:00 A.M. standard time at your mailing
have been completed or at least un- address shown in the Declarations on the
derway within 2 years following the earlier of:
date of "loss".
(1) The day the policy period shown in
e. We will not pay more for "loss" on a re- the Declarations ends; or
placement cost basis than the least of:
(2) The day the policy to which this Cov-
(1) The Limit of Insurance applicable to erage Part is attached is terminated
the lost or damaged property; or cancelled.
(2) The cost to replace, on the same b. However, if after the issuance of this
"premises", the lost or damaged Coverage Part, any "coverage term" is
property with other property: extended for an additional period of less
(a) Of comparable material and than 12 months, that additional period of
quality; and time will be deemed to be part of the last
preceding "coverage term".
(b) Used for the same purpose; or
5. "Electronic data" means information, facts or
(3) The amount you actually spend that "computer programs" stored as or on, created
is necessary to repair or replace the or used on, or transmitted to or from computer
lost or damaged property. software (including systems and applications
software), on hard or floppy disks, CD-ROMs,
f. The cost of repair or replacement does tapes, drives, cells, data processing devices
not include the increased cost attributable or any other repositories of computer software
to enforcement of or compliance with any which are used with electronically controlled
ordinance or law regulating the construc- equipment.
tion, use, or repair of any building or
structure except as provided in SECTION 6. "Finished stock" means stock you have manu-
A. COVERAGE, 4. Additional Coverag- factured, except "stock" you have manufac-
es, g. Ordinance or Law. tured that is held for sale on the "premises" of
any retail outlet insured under this Coverage
SECTION G. DEFINITIONS Part.
1. "Actual cash value" means replacement cost 7. "Fungi" means any type or form of fungus, and
less a deduction that reflects depreciation, includes, but is not limited to, any form or type
age, condition and obsolescence. of mold, mushroom or mildew and any myco-
2. "Business Income" means the: toxins, spores, scents or byproducts produced
or released by fungi.
a. Net Income (net profit or loss before in-
come taxes) that would have been earned 8. "Loss" means accidental physical loss or acci-
or incurred; and dental physical damage.
b. Continuing normal operating expenses 9. "Money" means:
sustained, including payroll. a. Currency, coins and bank notes whether
3. "Computer programs" means a set of related or not in current use; and
electronic instructions which direct the opera- b. Travelers checks, registered checks and
tions and functions of a computer or device money orders held for sale to the public.
connected to it, which enable the computer or
device to receive, process, store, retrieve or 10. "Operations" means:
send data.
a. Your business activities occurring at the
4. "Coverage term" means the following individ- "premises"; and
ual increment, or if a multi-year policy period,
increments, of time, which comprise the policy b. The tenantability of the "premises", if cov-
period of this Coverage Part: erage for "Business Income" including
"Rental Value" or "Rental Value" applies.
a. The year commencing on the Effective
Date of this Coverage Part at 12:01 A.M. 11. "Period of restoration" means the period of
standard time at your mailing address time that:
shown in the Declarations, and if a multi- a. Begins at the time of direct "loss".
year policy period, each consecutive an-
nual period thereafter, or portion thereof if b. Ends on the earlier of:
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(1) The date when the property at the (2) The amount of charges, which are
"premises" should be repaired, rebuilt the legal obligation of the tenant(s)
or replaced with reasonable speed but would otherwise be your obliga-
and similar quality; or tions.
(2) The date when business is resumed 15. "Securities" means negotiable and non-
at a new permanent location. negotiable instruments or contracts represent-
ing either "money" or other property and in-
c. "Period of restoration" does not include cludes:
any increased period required due to the
enforcement of or compliance with any a. Tokens, tickets, revenue and other
ordinance or law that: stamps whether or not in current use; and
(1) Regulates the construction, use or b. Evidences of debt issued in connection
repair, or requires the tearing down with credit or charge cards, which are not
of any property; or of your own issue; but does not include
"money". Lottery tickets held for sale are
(2) Requires any insured or others to not "securities" or evidences of debt.
test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, 16. "Sinkhole collapse" means the sudden settle-
or in any way respond to or assess ment or collapse of earth supporting the Cov-
the effects of "pollutants". ered Property into subterranean voids created
by the action of water on a limestone or similar
d. The expiration date of the policy will not rock formation. This does not include:
cut short the "period of restoration".
a. The cost of filling sinkholes;
12. "Pollutants" means any solid, liquid, gaseous
or thermal irritant or contaminant, including b. Sinking or collapse of land into man-made
smoke, vapor, soot, fumes, acids, alkalis, as- subterranean cavities; or
bestos, chemicals, petroleum, petroleum
products and petroleum by-products, and c. The value of the land.
waste. Waste includes materials to be recy- 17. "Specified causes of loss" means fire; light-
cled, reconditioned or reclaimed. "Pollutants" ning; explosion; windstorm or hail; smoke; air-
include but are not limited to substances craft or vehicles; riot or civil commotion; van-
which are generally recognized in industry or dalism; leakage from fire extinguishing equip-
government to be harmful or toxic to persons, ment; "sinkhole collapse"; volcanic action; fall-
property, or the environment regardless of ing objects; weight of snow, ice or sleet; and
whether injury or damage is caused directly or water damage.
indirectly by the "pollutants" and whether:
a. Falling objects does not include "loss" to:
a. You are regularly or otherwise engaged in
activities which taint or degrade the envi- (1) Personal property in the open; or
ronment; or
(2) The interior of a building or structure,
b. You use, generate or produce the "pollu- or property inside a building or struc-
tant". ture, unless the roof or an outside
wall of the building or structure is first
13. "Premises" means the Locations and Build- damaged by a falling object.
ings described in the Declarations.
b. Water damage means:
14. "Rental Value" means "Business Income" that
consists of : (1) Accidental discharge or leakage of
water or steam as the direct result of
a. Net Income (Net Profit or Loss before in- the breaking apart or cracking of any
come taxes) that would have been earned part of a system or appliance (other
or incurred as rental income from tenant than a sump system including its re-
occupancy of the "premises" described in lated equipment and parts) contain-
the Declarations as furnished and ing water or steam; and
equipped by you, including fair rental val-
ue of any portion of the "premises" which (2) Accidental discharge or leakage of
is occupied by you; and water or waterborne material as the
direct result of the breaking apart or
b. Continuing normal operating expenses cracking of a water or sewer pipe that
incurred in connection with that "premis- is located off the "premises" and is
es", including: part of a municipal potable water
(1) Payroll; and supply system or municipal sanitary
sewer system, if the breakage or
cracking is caused by wear and tear.
Includes copyrighted material of Insurance
FM 101 05 16 Services Office, Inc., with its permission. Page 39 of 40
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 58 of 187
But water damage does not include "loss" water is not subject to the provisions of
otherwise excluded under the terms of Exclusion (g) Water.
BUILDING AND BUSINESS PERSONAL
PROPERTY, SECTION A. COVERAGE, 18. "Stock" means merchandise held in storage or
3. Covered Causes of Loss, (g) Water. for sale, raw materials and in-process or fin-
Therefore, for example, there is no cover- ished goods, including supplies used in their
age under this Coverage Part in the situa- packing or shipping.
tion in which discharge or leakage of wa- 19. "Suspension" means:
ter results from the breaking apart or
cracking of a pipe which was caused by a. The slowdown or cessation of your busi-
or related to weather-induced flooding, ness activities; and
even if wear and tear contributed to the
breakage or cracking. As another exam- b. That a part or all of the "premises" is ren-
ple, and also in accordance with the dered untenantable.
terms of the Exclusion (g) Water, there is 20. "Valuable papers and records" means in-
no coverage for "loss" caused by or relat- scribed, printed or written documents, manu-
ed to weather-induced flooding which fol- scripts or records, including abstracts, books,
lows or is exacerbated by pipe breakage card index systems, deeds, drawings, films,
or cracking attributable to wear and tear. maps, mortgages, or proprietary information.
To the extent that accidental discharge or But "valuable papers and records" does not
leakage of water falls within the criteria mean "money" or "securities" or "electronic
set forth in 18.b.(1) or 18.b.(2) of this def- data", including the materials on which the
inition of "Specified causes of loss", such "electronic data" is recorded.
Includes copyrighted material of Insurance
FM 101 05 16 Services Office, Inc., with its permission. Page 40 of 40
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 59 of 187
CinciPlus®
CinciPak™
PROPERTY POWER XC+® (EXPANDED COVERAGE PLUS)
ENDORSEMENT
SUMMARY OF COVERAGE LIMITS
®
This is a summary of the Coverages and the Limits of Insurance provided by the CinciPlus CinciPak™
®
Property Power XC+ (Expanded Coverage Plus) Endorsement, FCP 215, in combination with the Commercial
Property Coverage Form, FM 101, which are included in this policy. No coverage is provided by this
summary. Refer to endorsement FCP 215 and the Commercial Property Coverage Form, FM 101, to
determine the scope of your insurance protection.
Blanket Coverages: Blanket Coverage Limit: Page
No.
$ 150,000 in total for all loss arising FCP215
from all Blanket Coverages arising from a
single occurrence, except as noted otherwise
in the form.
Accounts Receivable 1
Debris Removal 6
Electronic Data Processing Property (EDP): 2
Duplicate and Backup Electronic Data 2
Newly Purchased EDP 2
In Transit or Away From Premises 3
Worldwide Laptop Coverage 3
Ordinance or Law (Increased Construction 4
Costs and Demolition)
Peak Season 6
Personal Property of Others 6
Tenant Move Back Expenses 6
Valuable Papers and Records 4
Other Coverages Limit of Insurance: Page
No.
(not subject to Blanket Coverage Limit): FCP215
Brands and Labels $25,000 9
Business Income and Extra Expense:
Interruption of Computer Operations $25,000 (sub-limit, subject to a 24 hour 1
deductible)
FCP 407 05 16 Page 1 of 2
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 60 of 187
Other Coverages Limit of Insurance: Page
No.
(not subject to Blanket Coverage Limit): FCP215
Inflation Guard 4% on all Building Property referenced in the 8
Declarations
Lessor's Leasehold Interest Actual loss sustained up to $25,000 9
Nonowned Building Damage: 8
Loss caused by theft, burglary or robbery Up to the Business Personal Property (BPP) 8
Limit of Insurance
Loss by any other Covered Cause of Loss $25,000 or the BPP Limit of Insurance 8
(whichever is less)
Ordinance or Law (other than Increased Subject to the Building Limit of Insurance 4
Construction Costs and Demolition)
Ordinance or Law - Increased Period of $50,000 10
Restoration
Outdoor Property $25,000 ($1,000 for any one tree, shrub or 5
plant)
Temperature Change $15,000 6
Unauthorized Business Card Use $5,000 9
Utility Services - Direct and Time Element $ 75,000 10
Overhead Lines $ 5,000 sub-limit with a 24 hour 11
waiting period
Water Backup Discharged from Sewers, Drains, $10,000 5
Septic or Sump Pump Systems
FCP 407 05 16 Page 2 of 2
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 61 of 187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CinciPak™
COMMERCIAL PROPERTY AMENDATORY ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL PROPERTY COVERAGE PART
I. SECTION A. COVERAGE, Paragraph 2. A. The following Additional Coverages are
Property Not Covered is amended as follows: amended as follows:
Subparagraphs f., g., i., j., k., m. and n. are 1. The Limit of Insurance referenced in
deleted in their entirety. Subparagraph (4) of b. Debris Re-
moval is amended to $25,000.
II. SECTION A. COVERAGE, Paragraph 3. Cov-
ered Causes of Loss, b. Exclusions, (4) 2. The Limit of Insurance referenced in
Special Exclusions is amended as follows: c. Fire Department Service Charge
is amended to $25,000.
Special Exclusions (a) and (b) are deleted in
their entirety. 3. Fire Protection Equipment Re-
charge - Actual Expenses Incurred
III. SECTION A. COVERAGE, Paragraph 3. Cov-
ered Causes of Loss, c. Limitations is For this endorsement only, the last
amended as follows: paragraph in BUILDING AND PER-
SONAL PROPERTY COVERAGE
A. Subparagraph (1) Limitations - Various FORM, SECTION A. COVERAGE, 4.
Types of Property is amended as fol- Additional Coverages, d. Fire Pro-
lows: tection Equipment Recharge is de-
1. Limitation (c) Building Interiors is leted in its entirety and replaced by
deleted in its entirety and replaced by the following:
the following: The most we will pay in any one oc-
(c) Building Interiors currence under this Additional Cover-
age is the reasonable and necessary
The interior of any building or expenses you incur to recharge your
structure caused by or resulting automatic fire suppression system or
from rain, snow, sleet, ice, sand portable fire extinguishers. This cov-
or dust, whether driven by wind erage is in addition to the Limits of
or not, unless: Insurance shown in the Declarations.
1) The building or structure 4. g. Ordinance or Law is amended as
first sustains damage by a follows:
Covered Cause of Loss to
its roof or walls through a. The Limit of Insurance refer-
which the rain, snow, sleet, enced in the last paragraph is
ice, sand or dust enters; or amended to $25,000; and
2) The "loss" is caused by or b. Paragraph (1) is amended to in-
results from thawing of clude the following:
snow, sleet or ice on the (d) Cost to Repair, Rebuild or
building or structure. Reconstruct Tenants Im-
2. Limitation (d) Theft of Building Ma- provements and Better-
terials is deleted in its entirety. ments
B. Subparagraph (3) Limitation - Personal The increased cost to re-
Property Theft, item (d) is deleted in its pair, rebuild or reconstruct
entirety. tenant's improvements and
betterments, as described in
IV. SECTION A. COVERAGE, Paragraph 4. Ad- SECTION A. COVERAGE;
ditional Coverages is amended as follows: 1. Covered Property, d.
Includes copyrighted material of Insurance
FCP 201 05 16 Services Office, Inc. with its permission. Page 1 of 6
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 62 of 187
Business Personal Prop- of direct physical damage caused by
erty, Subparagraph (6), or resulting from a Covered Cause of
caused by enforcement of Loss to building property you occupy
building, zoning or land use as agreed to in your written lease
ordinance or law. agreement.
5. The Limit of Insurance referenced in The most we will pay for "loss" in any
h. Pollutant Clean Up and Removal one occurrence under this Additional
is amended to $25,000. Coverage is $2,500.
6. The number of days referenced in 4. Temporary Relocation of Property
Subparagraph (2) of i. Preservation
of Property is amended to 90. (1) If Covered Property is removed
from the "premises" and stored
B. The following Additional Coverages are temporarily at a location you
added: own, lease or operate while the
"premises" is being renovated or
1. Peak Season Limit Increase remodeled, we will pay for direct
a. The Limit of Insurance for Busi- "loss" of that stored property:
ness Personal Property will au- (a) Caused by or resulting from
tomatically increase by 25% to a Covered Cause of Loss;
provide for seasonal variations.
(b) Up to $50,000 at each tem-
b. This increase will apply only if porary location in any one
the Limit of Insurance shown for occurrence; and
Business Personal Property in
the Declarations is at least 100% (c) During the storage period of
of your average monthly values up to 90 consecutive days
during the lesser of: but not beyond the expira-
tion of this policy.
(1) The 12 months immediately
preceding the date the (2) This Additional Coverage does
"loss" occurs; or not apply if the stored property is
more specifically insured.
(2) The period of time you have
been in business as of the V. SECTION A. COVERAGE, Paragraph 5. Cov-
date the "loss" occurs. erage Extensions is amended as follows:
2. Leasehold Improvements A. The following Coverage Extensions are
amended as follows:
If your lease is cancelled in accord-
ance with a valid lease provision as 1. Coverage Extension a. Accounts
the direct result of a Covered Cause Receivable is amended as follows:
of Loss to property at the location in
which you are a tenant, and you can- a. The Limit of Insurance refer-
not legally remove Tenant Improve- enced in Subparagraph (3)(b)
ments and Betterments, as described Away From Your Premises is
in SECTION A. COVERAGE; 1. amended to $25,000; and
Covered Property, d. Business b. The last Paragraph is deleted in
Personal Property, Subparagraph its entirety and replaced by the
(6), we will extend Business Personal following:
Property coverage to apply to the
unamortized value of Tenant Im- The most we will pay for "loss" in
provement and Betterment that re- any one occurrence under this
main and that you were forced to Coverage Extension is $50,000.
abandon.
2. Coverage Extension b. Business In-
The most we will pay for "loss" in any come and Extra Expense is
one occurrence under this Additional amended to include the following:
Coverage is $25,000.
(9) Business Income From Depend-
3. Lease Assessment ent Properties
Your Business Personal Property is (a) We will pay for the actual
extended to apply to your share of loss of "Business Income"
any assessment charged to all ten- you sustain due to the nec-
ants by the building owner as a result essary "suspension" of your
Includes copyrighted material of Insurance
FCP 201 05 16 Services Office, Inc. with its permission. Page 2 of 6
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 63 of 187
"operations" during the "pe- 1) Deliver materials or
riod of restoration". The services to you, or to
"suspension" must be others for your account
caused by direct "loss" to (Contributing Loca-
"dependent property" tions). But, any property
caused by or resulting from which delivers the fol-
any Covered Cause of Loss. lowing services is not a
Contributing Location
However, this Coverage Ex- with respect to such
tension does not apply when services:
the only "loss" to "depend-
ent property" is "loss" to a) Water supply ser-
"electronic data", including vices;
destruction or corruption of
"electronic data". If the "de- b) Power supply ser-
pendent property" sustains vices;
"loss" to "electronic data" c) Communication
and other property, cover- supply services,
age under this Coverage including services
Extension will not continue relating to internet
once the other property is access or access
repaired, rebuilt or replaced. to any electronic
The most we will pay for network;
"loss" in any one occurrence 2) Accept your products or
for each "dependent proper- services;
ty" location is $10,000. This
$10,000 of coverage for 3) Manufacture products
Business Income From De- for delivery to your cus-
pendent Properties does not tomers under contract
increase the Limit of Insur- for sale; or
ance provided in this Cover-
age Extension. 4) Attract customers to
your business.
(b) We will reduce the amount
of your "Business Income" The "dependent property"
loss, other than Extra Ex- must be located in the cov-
pense, to the extent you can erage territory of this Cover-
resume "operations", in age Part.
whole or in part, by using (e) In BUILDING AND PER-
any other available: SONAL PROPERTY COV-
1) Source of materials; or ERAGE FORM, SECTION
G. DEFINITIONS, the "Peri-
2) Outlet for your prod- od of restoration" Definition,
ucts. with respect to "dependent
property", is replaced by the
(c) If you do not resume "opera- following:
tions", or do not resume
"operations" as quickly as "Period of restoration"
possible, we will pay based means the period of time
on the length of time it that:
would have taken to resume
"operations" as quickly as 1) Begins twenty-four (24)
possible. hours after the time of
direct "loss" caused by
(d) BUILDING AND PERSON- or resulting from any
AL PROPERTY COVER- Covered Cause of Loss
AGE FORM, SECTION G. at the premises of the
DEFINITIONS is amended "dependent property";
to include the following defi- and
nition:
2) Ends on the date when
"Dependent property" the property at the
means property operated by premises of the "de-
others whom you depend on pendent property"
to: should be repaired, re-
Includes copyrighted material of Insurance
FCP 201 05 16 Services Office, Inc. with its permission. Page 3 of 6
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 64 of 187
built or replaced with (including their lead-in wir-
reasonable speed and ing, masts and towers); and
similar quality.
(2) Trees, shrubs or plants
"Period of restoration" does (other than trees, shrubs or
not include any increased plants which are "stock" or
period required due to the part of a vegetative roof),
enforcement of any ordi- including debris removal;
nance or law that:
but only if caused by or resulting
1) Regulates the construc- from any of the following causes
tion, use or repair, or of loss if they are included as
requires the tearing Covered Causes of Loss under
down of any property; this Coverage Part:
or
(a) Fire;
2) Requires any insured or
others to test for, moni- (b) Lightning;
tor, clean up, remove, (c) Explosion;
contain, treat, detoxify
or neutralize, or in any (d) Riot or Civil Commo-
way respond to, or as- tion;
sess the effects of "pol-
lutants". (e) Aircraft;
The expiration date of this (f) Falling objects;
Coverage Part will not cut (g) Theft; or
short the "period of restora-
tion". (h) Vehicle; and
3. The Limit of Insurance referenced in (3) Awnings that are attached to
f. Fences is amended to $10,000. a building that you occupy
as a tenant.
4. The Limit of Insurance referenced in
h. Glass Subparagraph (2) is We will pay for the debris re-
amended to $25,000 moval expenses of the above
type property that are not your
5. In Coverage Extension, i. Newly Covered Property if such debris
Purchased, Leased, or Construct- is on your "premises" due to the
ed Property, Paragraphs (3)(b), Covered Causes of Loss de-
(3)(c) and (3)(d) the number 90 is de- scribed in this Coverage Exten-
leted and replaced by the number sion. If you are a tenant, we do
180. not pay debris removal expenses
6. The last paragraph of j. Nonowned for trees, plants, or shrubs
Building Damage is deleted in its owned by the landlord or owner
entirety and replaced by the following: of the building you occupy.
The most we will pay for "loss" in any No other coverage for debris
one occurrence under this Coverage removal expenses provided in
Extension is your Business Personal this Coverage Part applies to this
Property Limit of Insurance for the Outdoor Property Coverage Ex-
"premises" where the "loss" occurs. tension.
7. Coverage Extension k. Outdoor The most we will pay for "loss" in
Property is deleted in its entirety and any one occurrence under the
replaced by the following: Coverage Extension is $10,000,
but not more than $1,000 for any
k. Outdoor Property one tree, shrub or plant.
We will pay for direct "loss" 8. SECTION A, COVERAGE 5. Cover-
caused by a Covered Cause of age Extensions l. Personal Effects
Loss to the following types of is deleted in its entirety and replaced
your Covered Property: by the following:
(1) Radio antennas, television l. Personal Effects
antennas or satellite dishes
If business personal property is
Covered Property in this Cover-
Includes copyrighted material of Insurance
FCP 201 05 16 Services Office, Inc. with its permission. Page 4 of 6
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 65 of 187
age Part, we will pay for direct (2) Carports;
"loss" caused by a Covered
Cause of Loss to personal ef- (3) Garages;
fects owned by: (4) Pump houses; or
(1) You, your officers, or your (5) Above ground tanks;
partners, or if you are a lim-
ited liability company, your which have not been specifically
members or your managers; described in the Declarations.
or
d. The most we will pay for "loss" in
(2) Your employees (including any one occurrence under this
temporary and leased em- Coverage Extension for any
ployees), including tools combination of "loss" to Building
owned by your employees and Business Personal Property
that are used in your busi- is $50,000, regardless of the
ness. number of "premises" involved.
This Coverage Extension does 2. Fine Arts
not apply to "money" or "securi-
ties". For the purposes of this endorsement
only:
The most we will pay for "loss" in
any one occurrence under this a. You may extend the insurance
Coverage Extension is $25,000. provided by this Coverage Part
to apply to paintings, etchings,
9. The Limit of Insurance referenced in pictures, tapestries, art glass
n, Signs is amended to $10,000. windows, and other bona fide
works of art of rarity, historical
10. The Limit of Insurance referenced in value, or artistic merit. The direct
r. Valuable Papers and Records "loss" must be caused by or re-
Subparagraph (4)(b) Away From sult from a Covered Cause of
Your Premises is amended to Loss.
$25,000.
b. SECTION D. LOSS CONDI-
B. The following Coverage Extensions are TIONS, 7. Valuation is deleted
added: in its entirety and replaced by the
1. Appurtenant Buildings and Struc- following:
tures We will determine the value of
a. When a Limit of Insurance is Covered Property in the event of
shown in the Declarations for "loss" at the market value at the
Building at the "premises", you time of direct "loss".
may extend that insurance to c. The most we will pay for "loss" in
apply to direct "loss" of incidental any one occurrence under this
appurtenant buildings or struc- Coverage Extension is $25,000.
tures, within 1,000 feet of that
"premises", caused by or result- 3. Ordinance or Law - Increased Pe-
ing from a Covered Cause of riod of Restoration
Loss.
a. When:
b. When a Limit of Insurance is
shown in the Declarations for (1) A Covered Cause of Loss
Business Personal Property at occurs to property at the
the "premises", you may extend "premises"; and
that insurance to apply to direct (2) The Declarations show that
"loss" of Business Personal you have coverage for Busi-
Property within incidental appur- ness Income and Extra Ex-
tenant buildings or structures pense;
within 1,000 feet of that "premis-
es", caused by or resulting from you may extend that insurance to
a Covered Cause of Loss. apply to the amount of actual
loss of "Business Income" you
c. Incidental appurtenant buildings sustain and reasonable Extra
or structures include: Expense you incur during the in-
(1) Storage buildings; creased period of "suspension"
Includes copyrighted material of Insurance
FCP 201 05 16 Services Office, Inc. with its permission. Page 5 of 6
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 66 of 187
of "operations" caused by or re- (1) Loss due to an ordinance or
sulting from the enforcement of law that:
any ordinance or law that:
(a) You were required to
(1) Regulates the construction, comply with before the
repair or replacement of any "loss", even if the prop-
property; erty was undamaged;
and
(2) Requires the tearing down
or replacement of any parts (b) You failed to comply
of property not damaged by with; or
a Covered Cause of Loss;
and (2) Costs associated with the
enforcement of any ordi-
(3) Is in force at the time of nance or law that requires
"loss". any insured or others to test
for, monitor, clean up, re-
b. This Coverage Extension applies move, contain, treat, detoxi-
only to the period that would be fy or neutralize, or in any
required, with reasonable speed, way respond to, or assess
to reconstruct, repair or replace the effects of "pollutants".
the property to comply with the
minimum requirements of the d. The most we will pay for "loss"
ordinance or law. under this Coverage Extension
in any one occurrence is
c. This Coverage Extension does $25,000 at each "premises".
not apply to:
Includes copyrighted material of Insurance
FCP 201 05 16 Services Office, Inc. with its permission. Page 6 of 6
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 67 of 187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CinciPak™
BUSINESS INCOME (AND EXTRA EXPENSE) AMENDATORY
ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE PART
I. For the purpose of this endorsement only, (e) Transmission, distribution, ser-
SECTION A. COVERAGE, Paragraph 5. Ad- vice or similar lines, excluding all
ditional Coverages of the Business Income such overhead lines of any type.
(and Extra Expense) Coverage Part is amend-
ed to include the following: (3) Water Supply Property, meaning the
following types of property supplying
f. Utility Services water to the "premises":
We will pay for loss of "Business Income", (a) Pumping Stations; and
"Rental Value" and Extra Expense you in-
cur caused by or resulting from the partial (b) Water mains.
or complete failure of utility services to the (4) Wastewater removal Property, mean-
"premises". The partial or complete failure ing a utility system for removing
of the utility services listed below must be wastewater and sewage from the
caused by direct "loss" caused by a Cov- "premises", other than a system de-
ered Cause of Loss to the following prop- signed primarily for draining storm
erty: water. The utility property includes
(1) Communications Supply Property, sewer mains, pumping stations and
meaning property supplying commu- similar equipment for moving the ef-
nication services, including service fluent to a holding, treatment or dis-
relating to Internet access or access posal facility, and includes such facili-
to any electronic, cellular, or satellite ties. Coverage under this Additional
network; telephone, radio, micro- Coverage does not apply to interrup-
wave, or television services to the tion in service caused by or resulting
"premises", such as: from a discharge of water or sewage
due to heavy rainfall or flooding.
(a) Communication transmission,
distribution, service, or similar This Additional Coverage does not apply
lines, including fiber optic lines, to "loss" to "electronic data" including de-
excluding all such overhead lines struction or corruption of "electronic data".
of any type; II. SECTION F. DEFINITIONS of the Business
(b) Coaxial cables; and Income (and Extra Expense) Coverage Part is
amended as follows:
(c) Microwave radio relays, exclud-
ing satellites. With respect to a "suspension" of "operations"
insured under SECTION A. COVERAGE, Par-
(2) Power Supply Property, meaning the agraph 5. Additional Coverages, f. Utility
following types of property supplying Services of the Business Income (and Extra
electricity, steam or natural gas to the Expense) Coverage Part, Paragraph a. of Def-
"premises": inition 9. "Period of restoration" is deleted and
replaced by the following:
(a) Utility generating plants;
a. Begins 24 hours after the time of direct
(b) Switching stations; "loss".
(c) Substations;
(d) Transformers; and
Includes copyrighted material of Insurance
FCP 202 05 16 Services Office, Inc. with its permission.
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 68 of 187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CinciPak™
ACTUAL LOSS SUSTAINED BUSINESS INCOME
ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL PROPERTY COVERAGE PART
A. This endorsement applies to the following (iii) 12 consecutive months after the date of
Coverage Forms: direct "loss".
BUSINESS INCOME (AND EXTRA EX- D. For the purposes of this endorsement only,
PENSE) COVERAGE FORM SECTION F. DEFINITIONS, 9., b. is deleted in
its entirety and replaced by the following:
BUSINESS INCOME (WITHOUT EXTRA EX-
PENSE) COVERAGE FORM b. Ends on the earlier of:
B. For the purposes of this endorsement only, (1) The date when the property at the
SECTION A. COVERAGE, 5. Additional "premises" should be repaired, rebuilt
Coverages, c. Extended Business Income, or replaced with reasonable speed
(1), (b), (ii) is deleted in its entirety and re- and similar quality;
placed by the following, and (iii) is added:
(2) The date when business is resumed
(ii) 90 consecutive days after the date deter- at a new permanent location; or
mined in c.(1)(a) above; or
(3) 12 consecutive months after the date
(iii) 12 consecutive months after the date of of direct "loss".
direct "loss".
E. When 12 months ALS (an acronym of Actual
C. For the purposes of this endorsement only, Loss Sustained) is shown in the Declarations
SECTION A. COVERAGE, 5. Additional as the Limit of Insurance for Business Income
Coverages, c. Extended Business Income, for a specific item, SECTION B. LIMITS OF
(2), (b), (ii) is deleted in its entirety and re- INSURANCE is deleted in its entirety for that
placed by the following, and (iii) is added: item.
(ii) 90 consecutive days after the date deter-
mined in c.(2)(a) above; or
FCP 203 05 16
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 69 of 187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CinciPlus®
CinciPak™
PROPERTY POWER XC+® (EXPANDED COVERAGE PLUS)
ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL PROPERTY COVERAGE PART
The insurance coverage and Limits of Insurance provided by this endorsement are excess of, and ap-
ply in addition to, any similar or identical coverage provided by any other endorsement attached to the
above referenced Coverage Parts, or by any other Coverage Part forming a part of the policy of insur-
ance of which the above referenced Coverage Parts form a component.
SCHEDULE
Blanket Coverage Limit The Limit of Insurance stated in
the Summary of Coverage Lim-
its
Applicable only to those coverages subject to the Blanket Cover-
age Limit, as indicated in this endorsement
A. Accounts Receivable B. Business Income and Extra Expense
For purposes of this endorsement only, Interruption of Computer Operations
1. In BUILDING AND PERSONAL For the purposes of this endorsement only, in
PROPERTY COVERAGE FORM, BUILDING AND PERSONAL PROPERTY
SECTION A. COVERAGE, 5. Coverage COVERAGE FORM, SECTION A.
Extensions, a. Accounts Receivable, COVERAGE, 5. Coverage Extensions, b.
the second paragraph in (3)(b) Away Business Income and Extra Expense, is
From Your Premises is deleted in its modified as follows:
entirety and replaced by the following:
1. For Interruption of Computer Opera-
This limit of insurance for Away From tions only, all references to $2,500 in b.
Your Premises coverage is not included Business Income and Extra Expense,
within the Blanket Coverage Limit and is Paragraph (7)(c) are deleted and re-
separate and in addition to the Blanket placed with the Limit of Insurance indi-
®
Coverage Limit. cated in the PROPERTY POWER XC+
(EXPANDED COVERAGE PLUS)
2. In BUILDING AND PERSONAL ENDORSEMENT SUMMARY OF
PROPERTY COVERAGE FORM, COVERAGE LIMITS for Interruption of
SECTION A. COVERAGE, 5. Coverage Computer Operations.
Extensions, a. Accounts Receivable,
the last paragraph is deleted in its entire- 2. BUILDING AND PERSONAL
ty and replaced by the following: PROPERTY COVERAGE FORM,
SECTION G. DEFINITIONS is amended
The most we will pay in any one occur- as follows:
rence for "loss" under this Coverage Ex-
tension is the Blanket Coverage Limit as With respect to a "suspension" of "op-
provided in Section T. of this endorse- erations" caused only by an interruption
ment. in computer operations due to the de-
struction or corruption of "electronic da-
ta" as described in SECTION A.
COVERAGE, 5. Coverage Extensions,
Includes copyrighted material of ISO
FCP 215 05 16 Properties, Inc., with its permission. Page 1 of 11
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 70 of 187
d. Electronic Data, Paragraph a. of Def- (c) Your property that you have rented
inition 12. "Period of restoration" is de- or leased to someone else and that
leted and replaced by the following: property is not at your "premises".
a. Begins 24 hours after the time of di- (d) Any machine or apparatus that is
rect "loss". used for research, medical, diag-
nostic, surgical, dental or pathologi-
C. Electronic Data Processing Property cal purposes.
For the purposes of this endorsement only, (e) "Production equipment".
BUILDING AND PERSONAL PROPERTY
COVERAGE FORM, SECTION A. (3) Exclusions
COVERAGE, 5. Coverage Extensions is
amended by adding the following: (a) BUILDING AND PERSONAL
PROPERTY COVERAGE FORM,
Electronic Data Processing Property SECTION A. COVERAGE, 3. Cov-
ered Causes of Loss, b. Exclu-
(1) Covered Property sions does not apply except as fol-
You may extend the Coverage provided lows:
by this Coverage Part to apply to direct 1) Exclusion (1)(c) Governmental
"loss" to Covered Property consisting of Action;
your:
2) Exclusion (1)(d) Nuclear Haz-
(a) Data processing equipment; ard;
(b) Air conditioning and other electrical 3) Exclusion (1)(f) War and Mili-
equipment, used exclusively with tary Action;
your data processing equipment;
4) Exclusion (2)(b) Delay or Loss
(c) Programming documentation and of Use;
instruction manuals;
5) Exclusion (2)(d) Miscellane-
(d) "Electronic data", but only as excess ous Causes of Loss, 1) Wear
over what is valid and collectible un- and tear;
der SECTION A. COVERAGE, 5.
Coverage Extensions, d. Elec- 6) Exclusion (2)(h) Dishonest or
tronic Data; Criminal Acts;
(e) Media, meaning materials on which 7) Exclusion (3)(b) Acts or Deci-
"electronic data" is recorded, such sions; and
as magnetic tapes, disc packs, pa-
per tapes and cards, floppy discs 8) Exclusion (3)(c) Defects, Er-
and compact discs used in pro- rors and Omissions.
cessing units; and (b) In addition to Paragraph (3)(a) of
(f) Property of others in your care, cus- this Coverage Extension, we will
tody or control that is similar to not pay for the following:
property described in (1)(a) through Hidden or latent defect, gradual de-
(e) above. terioration, and depreciation. How-
(2) Property Not Covered ever, if direct "loss" by a Covered
Cause of Loss results, we will pay
This Coverage Extension does not apply for that resulting "loss".
to:
(4) Duplicate and Backup "Electronic Da-
(a) Accounts, records, documents and ta"
other "valuable papers and records"
unless they are programming doc- We will pay for direct "loss" resulting
umentation or instruction manuals. from any of the Covered Causes of Loss
to duplicate and backup "electronic data"
However, we will cover these items that you store at a premises not de-
once they are converted to "elec- scribed in the Declarations providing
tronic data" form. such "electronic data" is not covered by
another policy.
(b) "Electronic data" or media that can-
not be replaced with similar property
of equal quality.
Includes copyrighted material of ISO
FCP 215 05 16 Properties, Inc., with its permission. Page 2 of 11
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 71 of 187
(5) Newly Purchased Electronic Data (7) Worldwide Laptop Coverage
Processing Property
(a) You may extend the insurance pro-
BUILDING AND PERSONAL vided by this Coverage Extension to
PROPERTY COVERAGE FORM, apply to your laptops, notebooks
SECTION A. COVERAGE, 5. Coverage and similar highly portable personal
Extensions, i. Newly Purchased, computers, including their periph-
Leased, or Constructed Property is erals and accessories, while such
deleted in its entirety and replaced by the specific Covered Property is:
following:
1) In your or your employee's
(a) We will pay for direct "loss" from a care, custody and control;
Covered Cause of Loss to newly
purchased or leased Covered Prop- 2) Not located at a premises you
erty described in Paragraph (1) of own or lease; and
this Coverage Extension while at: 3) Not located in the coverage ter-
1) Locations that are newly pur- ritory stated in Paragraph 2. of
chased or leased; the Commercial Property Con-
dition H. Policy Period, Cov-
2) Your newly constructed build- erage Territory, provided that
ings or additions at a "premis- location is not under a United
es"; or States Department of State
trade or travel restriction at the
3) Any "premises" described in the time of "loss".
Declarations.
(b) This Worldwide Laptop Coverage
(b) Insurance under this Coverage Ex- does not apply per location.
tension for such newly acquired
property, or Covered Property al- (8) Electronic Data Processing Property
ready insured by this Coverage Ex- Deductible
tension which is moved to a newly
acquired location, will end when any SECTION C. DEDUCTIBLE is amended
of the following first occurs: to include the following:
1) This Coverage Part expires; We will not pay for direct "loss" in any
one occurrence unless the amount of
2) 90 days pass from the date you "loss" exceeds the Deductible shown in
acquire your new property or the Declarations. We will then pay the
move Covered Property to a amount of "loss" in excess of the De-
newly acquired location; or ductible, up to the Limit of Insurance
provided by this Coverage Extension.
3) You report values to us.
However, direct "loss" caused by or re-
(6) In Transit or Away From Premises sulting from any of the following Causes
SECTION A. COVERAGE, 5. Coverage of Loss will have the greater of the De-
Extensions, e. Exhibitions, Fairs or ductible shown in the Declarations or
Trade Shows, m. Property Off Prem- $1,000 as the applicable deductible:
ises and p. Transportation are deleted (a) "Loss" caused by faulty construction,
in their entirety and replaced by the fol- error in design or processing, or ser-
lowing: vice or work upon the data pro-
(a) You may extend the insurance pro- cessing system;
vided by this Coverage Extension to (b) "Loss" resulting in mechanical
apply to Covered Property as de- breakdown, short circuiting, blowout,
scribed in Paragraph (1): or other electrical damage, unless
1) While in or on a vehicle, includ- caused by lightning; or
ing loading and unloading; or (c) "Loss" caused by or resulting from
2) While at a location that is not interruption of power supply, power
your "premises". surge, blackout or brownout.
(b) This In Transit or Away From (9) Electronic Data Processing Property
Premises coverage does not apply Valuation
per location. SECTION D. LOSS CONDITIONS, 7.
Valuation is deleted in its entirety and
replaced by the following:
Includes copyrighted material of ISO
FCP 215 05 16 Properties, Inc., with its permission. Page 3 of 11
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 72 of 187
7. Valuation of Electronic Data Pro- determined at the time of
cessing Property "loss".
In the event of direct "loss", we will b. For "electronic data"
determine the value of Covered
Property as described in Paragraph We will not pay more than the
(1) of this Coverage Extension as actual reproduction costs of
follows: your "electronic data". If you do
not replace or reproduce your
a. Except for "electronic data" "electronic data" following the
"loss", the most we will pay is
(1) If you repair or replace this the cost of blank media as de-
Electronic Data Processing scribed in Paragraph C.(1)(e) of
property within a reasona- this Coverage Extension.
ble time following the
"loss", the property will be (10) Electronic Data Processing Property
valued at the full cost of Additional Definition
repair or replacement.
The following definition is added to
However, the most we will SECTION G. DEFINITIONS of the
pay is the least of the fol- BUILDING AND PERSONAL
lowing: PROPERTY COVERAGE FORM:
(a) The actual cost to re- "Production equipment" means any
pair or restore the machinery and related components, in-
property with materials cluding any integrated or dedicated
of like kind and quality; computer system, which is used, or can
be used, to produce or process other
(b) The cost of replacing tangible property.
that property with
property of similar The most we will pay for "loss" in any one oc-
quality and function; currence under this Electronic Data Pro-
cessing Property Coverage Extension is the
(c) The amount you actu- Blanket Coverage Limit as provided in Sec-
ally and necessarily tion T. of this endorsement.
spend to repair or re-
place the property; or D. Ordinance or Law
(d) The Limit of Insurance For the purposes of this endorsement only,
applicable to the prop- BUILDING AND PERSONAL PROPERTY
erty. COVERAGE FORM, SECTION A.
COVERAGE, 4. Additional Coverages, g.
(2) If you do not repair or re- Ordinance or Law, the last paragraph is de-
place this property within a leted in its entirety and replaced by the follow-
reasonable time following a ing:
"loss", the most we will pay
will be the least of the fol- The most we will pay for "loss" in any one oc-
lowing: currence under Paragraph (a) Loss of Use
of Undamaged Parts of the Building is the
(a) "Actual cash value" of Limit of Insurance shown in the
the property; COMMERCIAL PROPERTY COVERAGE
(b) "Actual cash value" of PART DECLARATIONS as applicable to the
repairs with material of covered building or structure incurring "loss".
like kind and quality; This Coverage is included within, and not in
or addition to, that applicable Limit of Insurance.
(c) The Limit of Insurance The most we will pay for all "loss" in any one
applicable to the prop- occurrence under Paragraph (b) Demolition
erty. Costs and Paragraph (c) Increased Costs
of Construction is the Blanket Coverage
We reserve the right to re- Limit as provided in Section T. of this en-
pair or replace the property dorsement per building or structure suffering
or to pay for the property in "loss". This is an additional Limit of Insurance
money. applicable to the building or structure suffer-
ing "loss".
In the event of "loss", the
value of property will be
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 73 of 187
E. Valuable Papers and Records Paragraph 1), 3) or 4), or material
carried or otherwise moved by mud-
For the purposes of this endorsement only: slide or mudflow as described in
1. In BUILDING AND PERSONAL Paragraph (g)2).
PROPERTY COVERAGE FORM, 3. BUILDING AND PERSONAL
SECTION A. COVERAGE, 5. Coverage PROPERTY COVERAGE FORM,
Extensions, r. Valuable Papers and SECTION A. COVERAGE, 5. Coverage
Records, the second paragraph in (4)(b) Extensions is amended to include the
Away From Your Premises is deleted in following:
its entirety and replaced by the following:
Water Backup Discharged from
This limit of insurance for Away From Sewers, Drains, Septic or Sump
Your Premises coverage is not included Pump Systems
within the Blanket Coverage Limit and is
separate and in addition to the Blanket We will pay for "loss" caused by or result-
Coverage Limit. ing from water or waterborne material that
has entered and then backs up through
2. In BUILDING AND PERSONAL and is discharged from a sewer, drain (in-
PROPERTY COVERAGE FORM, cluding roof drains and related fixtures),
SECTION A. COVERAGE, 5. Coverage septic system, sump pump system or re-
Extensions, r. Valuable Papers and lated equipment.
Records, the last paragraph is deleted in
its entirety and replaced by the following: 4. SECTION C. DEDUCTIBLE is amended
by adding the following:
The most we will pay for "loss" in any one
occurrence under this Valuable Papers Water Backup Deductible
and Records Coverage Extension is the
Blanket Coverage Limit as provided in We will not pay for "loss" in any one oc-
Section T. of this endorsement. currence caused by or resulting from wa-
ter or waterborne material which backs up
F. Water Backup Discharged from Sewers, through and is discharged from a sewer,
Drains, Septic or Sump Pump Systems drain, septic system, sump pump system
or related equipment, until the amount of
For purposes of this endorsement only, "loss" exceeds the Deductible shown in
1. BUILDING AND PERSONAL the Declarations, or $1,000, whichever is
PROPERTY COVERAGE FORM, greater. We will then pay the amount of
SECTION A. COVERAGE, 3. Covered "loss" in excess of that deductible, up to
Causes of Loss, b. Exclusion 1(g) Wa- the applicable limit indicated in Paragraph
ter, Paragraph 3) is deleted in its entirety (5) of this Coverage Extension.
and replaced by the following: 5. The most we will pay for "loss", including
3) Except as provided in SECTION A. any "Business Income", "Rental Value"
COVERAGE, 5. Coverage Exten- and Extra Expense, in any one occur-
sions, Water Backup Discharged rence under this Water Backup Dis-
from Sewers, Drains, Septic or charged from Sewers, Drains, Septic or
Sump Pump Systems, water that Sump Pump Systems Coverage Exten-
has entered and then backs up sion is the Limit of Insurance stated in
®
through and is discharged from a the PROPERTY POWER XC+
sewer, drain, septic system, sump (EXPANDED COVERAGE PLUS)
pump system or related equipment; ENDORSEMENT SUMMARY OF
or COVERAGE LIMITS for Water Backup
Discharged from Sewers, Drains, Septic
2. BUILDING AND PERSONAL or Sump Pump Systems.
PROPERTY COVERAGE FORM,
SECTION A. COVERAGE, 3. Covered G. Outdoor Property
Causes of Loss, b. Exclusion 1(g) Wa- For the purposes of this endorsement only, in
ter, Paragraph 5) is deleted in its entirety BUILDING AND PERSONAL PROPERTY
and replaced by the following: COVERAGE FORM, SECTION A.
5) Except as provided in SECTION A. COVERAGE, 5. Coverage Extensions, k.
COVERAGE, 5. Coverage Exten- Outdoor Property, the last paragraph is de-
sions, Water Backup Discharged leted in its entirety and replaced by the follow-
from Sewers, Drains, Septic or ing:
Sump Pump Systems, waterborne The most we will pay for "loss" in any one oc-
material carried or otherwise moved currence under this Outdoor Property Cover-
by any of the water referred to in
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FCP 215 05 16 Properties, Inc., with its permission. Page 5 of 11
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 74 of 187
age Extension is the Limit of Insurance stated
®
I. Peak Season
in the PROPERTY POWER XC+
(EXPANDED COVERAGE PLUS) For the purposes of this endorsement only,
ENDORSEMENT SUMMARY OF BUILDING AND PERSONAL PROPERTY
COVERAGE LIMITS for Outdoor Property, COVERAGE FORM, SECTION A.
but not more than the Limit of Insurance stat- COVERAGE, 5. Coverage Extensions is
ed in the PROPERTY POWER XC+
® amended to include the following:
(EXPANDED COVERAGE PLUS) Peak Season
ENDORSEMENT SUMMARY OF
COVERAGE LIMITS for any one tree, shrub, 1. In the event that the limit of insurance
or plant. stated in the Declarations for Business
Personal Property is insufficient to fully
H. Tenant Move Back Expenses insure a covered "loss" due to a Peak
For the purposes of this endorsement only, Season Demand for your inventory, we
BUILDING AND PERSONAL PROPERTY will pay up to the Blanket Coverage Limit
COVERAGE FORM, SECTION A. as provided in Section T. of this en-
COVERAGE, 5. Coverage Extensions is dorsement to that "loss".
amended to include the following: 2. Peak Season Demand means a tempo-
Tenant Move Back Expenses rary (90 consecutive days or less) in-
crease in your inventory to meet a sea-
1. We will reimburse you for expenses you sonal demand as verified by:
pay for Covered Move Back Expenses of
your tenants who temporarily vacate a a. Your previous inventory records for
portion of the building at a "premises". that historical period of time; and
The vacancy must have occurred while b. Custom and practice in your indus-
the portion of the building rented by your try.
tenant could not be occupied due to di-
rect "loss" to your Covered Property J. Personal Property of Others
caused by or resulting from a Covered
Cause of Loss during the "coverage For the purposes of this endorsement only,
term". The move back must be complet- BUILDING AND PERSONAL PROPERTY
ed within 60 calendar days after the por- COVERAGE FORM, SECTION A.
tion of the building rented by your tenant COVERAGE, 5. Coverage Extensions is
has been repaired or rebuilt and is ready amended to include the following:
for occupancy. Personal Property of Others
2. Covered Move Back Expenses means In the event that the limit of insurance stated
only documented, reasonable and nec- in the COMMERCIAL PROPERTY
essary costs of: COVERAGE PART DECLARATIONS for
a. Packing, insuring and transporting Business Personal Property is insufficient to
business personal property; fully insure a covered "loss" to both your
Covered Property and property described in
b. Re-establishing electric utility and Paragraph (8) of SECTION A. COVERAGE,
communication services, less re- 1. Covered Property, d. Business Personal
funds from discontinued services; Property, we will pay up to the Blanket Cov-
erage Limit as provided in Section T. of this
c. Assembling and setting up fixtures endorsement for such property.
and equipment; or
K. Debris Removal
d. Unpacking and re-shelving stock
and supplies. For the purposes of this endorsement only,
BUILDING AND PERSONAL PROPERTY
3. If your tenants have valid and collectible COVERAGE FORM, SECTION A.
insurance for Covered Move Back Ex- COVERAGE, 5. Coverage Extensions is
penses, we will pay only for the amount amended to include the following:
of Covered Move Back Expenses in ex-
cess of the amount payable from such In the event that the limits of insurance stated
other insurance. in BUILDING AND PERSONAL PROPERTY
COVERAGE FORM, SECTION A.
4. The most we will pay for "loss" in any COVERAGE, 4. Additional Coverages, b.
one occurrence under this Tenant Move Debris Removal are insufficient to fully cover
Back Expenses Coverage Extension is a "loss" insured thereunder, we will pay up to
the Blanket Coverage Limit as provided the Blanket Coverage Limit in any one occur-
in Section T. of this endorsement.
Includes copyrighted material of ISO
FCP 215 05 16 Properties, Inc., with its permission. Page 6 of 11
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 75 of 187
rence as provided in Section T. of this en- (2) Exclusion (1)(c) Governmental
dorsement. Action;
L. Temperature Change (3) Exclusion (1)(d) Nuclear Haz-
ard;
For the purposes of this endorsement only,
BUILDING AND PERSONAL PROPERTY (4) Exclusion (1)(f) War and Mili-
COVERAGE FORM, SECTION A. tary Action;
COVERAGE, 5. Coverage Extensions is
amended to include the following: (5) Exclusion (1)(g) Water; or
Temperature Change (6) Exclusion (1)(h) "Fungi", Wet
Rot, Dry Rot, and Bacteria.
1. Coverage
b. In addition to Paragraph 3.a. of this
a. BUILDING AND PERSONAL Coverage Extension, we will not pay
PROPERTY COVERAGE FORM, for direct "loss" caused by or result-
SECTION A. COVERAGE, 1. Cov- ing from any of the following:
ered Property is deleted in its en-
tirety and replaced by the following: (1) The disconnecting of any heat-
ing, refrigerating, cooling or
Covered Property means "perisha- humidity control system from
ble stock" located in a building at a the source of its power;
"premises".
(2) The deactivation of electrical
b. BUILDING AND PERSONAL power caused by the manipula-
PROPERTY COVERAGE FORM, tion of any switch or other de-
SECTION A. COVERAGE, 2. Prop- vice (on "premises") used to
erty Not Covered is deleted in its control the flow of electrical
entirety and replaced by the follow- power or current;
ing:
(3) The inability of an Electrical
Covered Property does not include: Utility Company or other power
source to provide sufficient
"Perishable Stock" Not in Buildings power due to:
"Perishable stock" located on build- (a) Lack of fuel, or
ings, in or on vehicles, or otherwise
in the open. (b) Governmental order;
2. Covered Causes of Loss (4) The inability of a power source
at the "premises" to provide
BUILDING AND PERSONAL sufficient power due to the lack
PROPERTY COVERAGE FORM, of generating capacity to meet
SECTION A. COVERAGE, 3. Covered demand; or
Causes of Loss, a. Covered Causes of
Loss is deleted in its entirety and re- (5) Breaking of any glass that is a
placed by the following: permanent part of any heating,
refrigeration, cooling or humidi-
a. Covered Causes of Loss ty control unit.
Covered Causes of Loss means di- 4. Limits of Insurance
rect "loss" from "temperature
change" to Covered Property unless BUILDING AND PERSONAL
"loss" is excluded or limited in this PROPERTY COVERAGE FORM,
Coverage Part. SECTION B. LIMITS OF INSURANCE is
deleted in its entirety and replaced by the
3. Excluded Causes of Loss following:
a. BUILDING AND PERSONAL SECTION B. LIMITS OF INSURANCE
PROPERTY COVERAGE FORM
SECTION A. COVERAGE, 3. Cov- a. The most we will pay for all "loss" in
ered Causes of Loss, b. Exclu- any one occurrence, including any
sions does not apply to this Cover- applicable "Business Income",
age Extension, except as follows: "Rental Value" and Extra Expense
loss, under this Temperature
(1) Exclusion (1)(b) Earth Move- Change Coverage Extension is the
ment; Limit of Insurance stated in the
®
PROPERTY POWER XC+
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 76 of 187
(EXPANDED COVERAGE PLUS) any fuse, fuses, or circuit
ENDORSEMENT SUMMARY OF breakers.
COVERAGE LIMITS for Tempera-
ture Change. (3) Contamination by refrigerant.
b. The Limit of Insurance for Tempera- (4) The freezing of "perishable
ture Change is not an additional stock" resulting from the faulty
amount of insurance and will not in- operation of any stationary
crease the Limit of Insurance shown heating plant, when such "per-
in the COMMERCIAL PROPERTY ishable stock" is contained with-
COVERAGE PART in a building at the "premises".
DECLARATIONS for Business Per- M. Nonowned Building Damage
sonal Property or "stock".
For the purposes of this endorsement only,
5. Duties in the Event of Loss BUILDING AND PERSONAL PROPERTY
BUILDING AND PERSONAL COVERAGE FORM, SECTION A.
PROPERTY COVERAGE FORM, COVERAGE, 5. Coverage Extensions, j.
SECTION D. LOSS CONDITIONS, 3. Nonowned Building Damage is deleted in
Duties in the Event of Loss or Dam- its entirety and replaced by the following:
age, a.(2) is deleted in its entirety and If you are a tenant, you may extend the in-
replaced by the following: surance provided by this Coverage Part for
(2) All claims under this "Temperature Business Personal Property to direct "loss"
Change" Coverage Extension that occurs to the building at a "premises"
should be reported immediately up- you occupy but do not own.
on occurrence. Include a description This Coverage Extension applies only if your
of the damaged "stock". All dam- lease makes you legally responsible for that
aged "stock" must be available for part of the building sustaining "loss".
inspection and verification.
This Coverage Extension does not apply to:
6. Coinsurance
(1) Glass, including lettering and ornamen-
BUILDING AND PERSONAL tation, and also necessary:
PROPERTY COVERAGE FORM,
SECTION E. ADDITIONAL (a) Repair or replacement of encasing
CONDITIONS, 1. Coinsurance does not frames or alarm tapes; and
apply to the coverage provided by this
endorsement. (b) Expenses incurred to board up
openings or remove or replace ob-
7. Definitions struction.
BUILDING AND PERSONAL (2) Building materials and equipment re-
PROPERTY COVERAGE FORM, moved from the "premises".
SECTION G. DEFINITIONS is amended
to include the following definitions: The most we will pay for "loss" in any one oc-
currence under this Nonowned Building
a. "Perishable stock" means personal Damage Coverage Extension is:
property:
(1) The actual "loss" sustained up to the ap-
(1) Preserved and maintained un- plicable Limit of Insurance for Business
der controlled conditions; and Personal Property for direct "loss"
caused by theft, burglary or robbery, or
(2) Susceptible to "loss" if the con- the attempt of the foregoing; or
trolled conditions change.
(2) The applicable Limit of Insurance for
b. "Temperature change" means: Business Personal Property or the Limit
(1) The fluctuation or total interrup- of Insurance stated in the PROPERTY
®
tion of electrical power, either POWER XC+ (EXPANDED
on or off "premises", resulting COVERAGE PLUS) ENDORSEMENT
from conditions beyond your SUMMARY OF COVERAGE LIMITS for
control. Nonowned Building Damage, whichever
is less, for "loss" caused by any other
(2) Mechanical breakdown of any Covered Cause of Loss, not referenced
refrigerating or cooling appa- in Paragraph M.(1) above.
ratus or equipment (on "prem-
ises") including the blowing of
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 77 of 187
N. Inflation Guard resulting from a Covered Cause of Loss
during the "coverage term".
For the purposes of this endorsement only,
the COMMERCIAL PROPERTY 2. Covered Leasehold Interest:
COVERAGE PART DECLARATIONS is
amended to show the percentage (%) shown a. Means the difference between the:
®
in the PROPERTY POWER XC+ (1) Rent you were collecting at the
(EXPANDED COVERAGE PLUS) "premises" prior to the direct
ENDORSEMENT SUMMARY OF "loss"; and
COVERAGE LIMITS for Inflation Guard in
the OPTIONAL COVERAGES - Inflation (2) "Rental Value" of the "premis-
Guard column for each scheduled Building es" after the direct "loss" has
property. If an Inflation Guard percentage is been repaired or rebuilt; and
already indicated on the COMMERCIAL
PROPERTY COVERAGE PART b. Does not mean refunds or rebates
DECLARATIONS for that Building property, of:
this percentage is excess of that Inflation (1) Prepaid rent;
Guard percentage for that Building property.
(2) Security or other deposits made
O. Brands and Labels by your tenants; or
For the purposes of this endorsement only, (3) Insurance, taxes or other pay-
BUILDING AND PERSONAL PROPERTY ments made on your behalf by
COVERAGE FORM, SECTION A. tenants.
COVERAGE, 5. Coverage Extensions is
amended to include the following: 3. The most we will pay for "loss" in any
one occurrence under this Lessor's
Brands and Labels Leasehold Interest Additional Coverage
If branded or labeled merchandise that is is the least of:
Covered Property is damaged by a Covered a. Your Covered Leasehold Interest for
Cause of Loss, we may take all or any part of the 12 months immediately following
the property at an agreed or appraised value. the "period of restoration" plus the
If so, you may: 90 days of Extended Business In-
1. Stamp 'salvage' on the merchandise or come but ending with the normal
its containers, if the stamp will not physi- expiration date of each cancelled
cally damage the merchandise; or lease; or
2. Remove the brands or labels, if doing so b. The Limit of Insurance stated in the
®
will not physically damage the merchan- PROPERTY POWER XC+
dise. You must relabel the merchandise (EXPANDED COVERAGE PLUS)
or its containers to comply with the law. ENDORSEMENT SUMMARY OF
COVERAGE LIMITS for Lessor's
The most we will pay for "loss" in any one oc- Leasehold Interest for all Covered
currence under this Brands and Labels Cov- Leasehold Interest of all your ten-
erage Extension is the Limit of Insurance ants cancelling their leases arising
®
stated in the PROPERTY POWER XC+ out of an occurrence at a "premis-
(EXPANDED COVERAGE PLUS) es".
ENDORSEMENT SUMMARY OF
COVERAGE LIMITS for Brands and Labels. Q. Unauthorized Business Card Use
P. Lessor's Leasehold Interest 1. For the purposes of this endorsement
only, BUILDING AND PERSONAL
For the purposes of this endorsement only, PROPERTY COVERAGE FORM,
BUILDING AND PERSONAL PROPERTY SECTION A. COVERAGE, 4. Addition-
COVERAGE FORM, SECTION A. al Coverages is amended to include the
COVERAGE, 4. Additional Coverages is following:
amended to include the following:
Unauthorized Business Card Use
Lessor's Leasehold Interest
We will pay for your loss of "money" or
1. We will pay for the cost of Covered charges and costs you incur that result
Leasehold Interest you sustain due to directly from the unauthorized use of
the cancellation of lease contracts by credit, debit or charge cards issued in
your tenants. The cancellation must re- your business name, including:
sult from direct "loss" to your Covered
Property at the "premises" caused by or a. Fund transfer cards;
Includes copyrighted material of ISO
FCP 215 05 16 Properties, Inc., with its permission. Page 9 of 11
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 78 of 187
b. Charge plates; or COVERAGE, 5. Coverage Extensions, q.
Utility Services is deleted in its entirety and
c. Telephone cards. replaced by the following:
The most we will pay in any one occur- q. Utility Services
rence under this Unauthorized Business
Card Use Additional Coverage is the We will pay for:
Limit of Insurance stated in the
PROPERTY POWER XC+
® (1) Direct "loss" to Covered Property at
(EXPANDED COVERAGE PLUS) your "premises" except for direct
ENDORSEMENT SUMMARY OF "loss" resulting from the partial or
COVERAGE LIMITS for Unauthorized complete failure of Wastewater
Business Card Use. Removal Services, and
2. BUILDING AND PERSONAL (2) Loss of "Business Income", "Rental
PROPERTY COVERAGE FORM, Value" and Extra Expense as pro-
SECTION A. COVERAGE, 2. Property vided in SECTION A. COVERAGE,
Not Covered is amended by deleting 5. Coverage Extensions, b. Busi-
Paragraph a. in its entirety and replacing ness Income and Extra Expense
it with the following: caused by or resulting from the partial or
Covered Property does not include: complete failure of utility services to the
"premises".
a. Accounts, Deeds, Money or Secu-
rities The partial or complete failure of the utili-
ty services listed below must be caused
Except as provided in SECTION A. by direct "loss" caused by a Covered
COVERAGE: Cause of Loss to the following property:
(1) 4. Additional Coverages, Un- (1) Power Supply Property, meaning
authorized Business Card the following types of property sup-
Use; and plying electricity, steam or natural
gas to the "premises":
(2) 5. Coverage Extensions, a.
Accounts Receivable, (a) Utility generating plants;
Accounts, bills, currency, deeds, (b) Switching stations;
food stamps or other evidences of
debt, "money", notes or "securities"; (c) Substations;
R. Ordinance or Law - Increased Period of (d) Transformers; and
Restoration (e) Transmission, distribution, ser-
For the purposes of this endorsement only, in vice, or similar lines, including
BUILDING AND PERSONAL PROPERTY all such lines of any type, ex-
COVERAGE FORM, SECTION A. cept as modified in Paragraph
COVERAGE, 5. Coverage Extensions, Or- q.(6) below;
dinance or Law - Increased Period of Res- (2) Water Supply Property, meaning the
toration, Paragraph d. is deleted in its entire- following types of property supplying
ty and replaced by the following: water to the "premises":
d. The most we will pay for loss of "Busi- (a) Pumping stations; and
ness Income", "Rental Value" and Extra
Expense in any one occurrence under (b) Water mains
this Ordinance or Law - Increased Period
of Restoration Coverage Extension is the (3) Wastewater Removal Property,
Limit of Insurance stated in the meaning a utility system for remov-
PROPERTY POWER XC+
® ing wastewater and sewage from
(EXPANDED COVERAGE PLUS) the "premises", other than a system
ENDORSEMENT SUMMARY OF designed primarily for draining
COVERAGE LIMITS for Ordinance or storm water. The utility property in-
Law - Increased Period of Restoration at cludes sewer mains, pumping sta-
each "premises". tions and similar equipment for mov-
ing the effluent to a holding, treat-
S. Utility Services ment or disposal facility, and in-
cludes such facilities. Coverage un-
For the purposes of this endorsement only, der this Coverage Extension does
BUILDING AND PERSONAL PROPERTY not apply to interruption in service
COVERAGE FORM, SECTION A.
Includes copyrighted material of ISO
FCP 215 05 16 Properties, Inc., with its permission. Page 10 of 11
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 79 of 187
caused by or resulting from a dis- tion to, the Limit of Insurance
charge of water or sewage due to provided by this Utility Services
heavy rainfall or flooding. Coverage Extension, and
(4) Communication Supply Property, (b) For loss of "Business Income",
meaning property supplying com- "Rental Value" and Extra Ex-
munication services, including ser- pense, SECTION G.
vice relating to Internet access or DEFINITIONS, 7. "Period of
access to any electronic, cellular, or restoration", Paragraph a. is de-
satellite network; telephone, radio, leted in its entirety and replaced
microwave, or television services to by the following:
the "premises", such as:
a. Begins:
(a) Communication transmission,
distribution, service, or similar (1) 24 hours after the time
lines including fiber optic lines, of direct "loss" for
including all such overhead "Business Income"
lines of any type, except as and "Rental Value"
modified in Paragraph q.(6) be- Coverage, or
low; (2) Immediately after the
(b) Coaxial cables; and time of direct "loss" for
Extra Expense Cover-
(c) Microwave radio relays, exclud- age.
ing satellites.
The most we will pay for all direct "loss"
(5) This Coverage Extension does not and loss of "Business Income", "Rental
apply to direct "loss" to "electronic Value" and Extra Expense in any one
data", including destruction or cor- occurrence under this Utility Services
ruption of "electronic data". Coverage Extension is the Limit of In-
surance shown in the PROPERTY
(6) When "loss" from the partial or POWER XC+
®
(EXPANDED
complete interruption of utility ser- COVERAGE PLUS) ENDORSEMENT
vices to a "premises" is caused SUMMARY OF COVERAGE LIMITS for
solely by "loss" to overhead lines of Utility Services - Direct and Time Ele-
any type; ment.
(a) The most we will pay for direct T. Blanket Coverage Limit
"loss" and loss of "Business In-
come", "Rental Value" and Ex- We will pay up to the Limit of Insurance stat-
tra Expense in any one occur- ed in the Schedule of this endorsement in to-
rence is the Limit of Insurance tal in any one occurrence for the sum of all
stated in the PROPERTY "loss" insured under coverages provided in
®
POWER XC+ (EXPANDED this endorsement which are subject to the
COVERAGE PLUS) Blanket Coverage Limit. You may apportion
ENDORSEMENT SUMMARY this Limit among these coverages as you
OF COVERAGE LIMITS for choose.
Overhead Transmission and
Distribution Lines. This Limit of
Insurance is part of, not in addi-
Includes copyrighted material of ISO
FCP 215 05 16 Properties, Inc., with its permission. Page 11 of 11
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 80 of 187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MISSOURI - CALCULATION OF ADDITIONAL PREMIUM
This endorsement modifies insurance provided under the following:
COMMERCIAL PROPERTY COVERAGE PART
STANDARD PROPERTY POLICY
A. If changes are made to this policy after the we will calculate the premium for that lo-
beginning of the current policy period, and cation(s), including all coverages, options
such changes require an additional premium, and causes of loss at that location(s),
the additional premium will be pro rated to using the rates and rules which are in ef-
recognize the actual period of coverage. fect when the location(s) is added.
B. Changes to a Covered Location 2. If changes are subsequently made to a
location(s) described in C.1. above, and
If changes are made to a location that was those changes require additional pre-
covered at the beginning of the current policy mium, we will calculate the additional
period, and those changes require additional premium using the rates and rules which
premium (e.g., an increase in the limit of in- were in effect when the location(s) was
surance), we will calculate the additional pre- added.
mium using the rates and rules which were in
effect on the effective date of the current pol- D. Any additional premium calculated in accor-
icy period. dance with this endorsement will be charged
in full, whether or not we applied a policywrit-
C. Additional Locations ing minimum premium in developing the pre-
1. If a location(s) is added to the policy after mium that was charged at the beginning of
the beginning of the current policy period, the current policy period.
CP 01 28 07 00 Copyright, Insurance Services Office, Inc., 2000
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 81 of 187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MISSOURI CHANGES - NUCLEAR HAZARD EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL PROPERTY COVERAGE PART
A. Exclusion (1)(d) Nuclear Hazard in SECTION A. COVERAGE, 3. Covered Causes of Loss, b. Exclu-
sions of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM is deleted in its entirety and
replaced by the following:
(1)(d) Nuclear Hazard
Nuclear reaction or radiation, or radioactive contamination, however caused. However, if nuclear reac-
tion or radiation, or radioactive contamination, results in fire, we will pay for the "loss" caused by that fire.
B. Exclusion 2.d. Nuclear Hazard in SECTION E. EXCLUSIONS of the MORTGAGE INTEREST COVER-
AGE FORM is deleted in its entirety and replaced by the following:
2.d. Nuclear Hazard
Nuclear reaction or radiation, or radioactive contamination, however caused. However, if nuclear reac-
tion or radiation, or radioactive contamination, results in fire, we will pay for the "loss" caused by that fire.
FA 4028 MO 10 05
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 82 of 187
COMMERCIAL PROPERTY CONDITIONS
This Coverage Part is subject to the following conditions, the Common Policy Conditions and applicable Loss
Conditions and Additional Conditions in Commercial Property Coverage Forms.
A. Concealment, Misrepresentation or Fraud F. No Benefit to Bailee
This Coverage Part is void in any case of No person or organization, other than you,
fraud by you as it relates to this Coverage Part having custody of Covered Property will bene-
at any time. It is also void if you or any other fit from this insurance.
insured, at any time, intentionally conceal or
misrepresent a material fact concerning: G. Other Insurance
1. This Coverage Part; 1. You may have other insurance subject to
the same plan, terms, conditions and pro-
2. The Covered Property; visions as the insurance under this Cov-
erage Part. If you do, we will pay our
3. Your interest in the Covered Property; or share of the covered "loss". Our share is
4. A claim under this Coverage Part. the proportion that the applicable Limit of
Insurance under this Coverage Part bears
B. Control of Property to the Limits of Insurance of all insurance
covering on the same basis.
Any act or neglect of any person other than
you beyond your direction or control will not 2. If there is other insurance covering the
affect this insurance. same "loss", other than that described in
1. above, we will pay only for the amount
The breach of any condition of this Coverage of covered "loss" in excess of the amount
Part at any one or more locations will not af- due from that other insurance, whether
fect coverage at any location where, at the you can collect on it or not. However, we
time of direct "loss", the breach of condition will not reimburse any deductible or
does not exist. difference between Actual Cash Value
C. Insurance Under Two or More Coverages and Replacement Cost valuations. We
will not pay more than the applicable Limit
If two or more of this policy's coverages apply of Insurance.
to the same "loss", we will not pay more than
the actual amount of the "loss". H. Policy Period, Coverage Territory
D. Legal Action Against Us Under this Coverage Part:
No one may bring a legal action against us 1. We cover "loss" commencing:
under this Coverage Part unless: a. During the policy period shown in the
1. There has been full compliance with all of Declarations; and
the terms of this Coverage Part; and b. Within the coverage territory.
2. The action is brought within 2 years after 2. The coverage territory:
the date on which the direct "loss" oc-
curred. a. The United States of America (includ-
ing its territories and possessions);
E. Liberalization
b. Puerto Rico; and
If, within 60 days prior to the beginning of this
Coverage Part or during the policy period, we c. Canada.
make any changes to any forms or endorse-
ments of this Coverage Part for which there is I. Transfer of Rights of Recovery Against
currently no separate premium charge, and Others to Us
that change provides more coverage than this If any person or organization to or for whom
Coverage Part, the change will be considered we make payment under this Coverage Part
as included until the end of the current policy has rights to recover damages from another,
period. We will make no additional premium those rights are transferred to us to the extent
charge for this additional coverage during the of our payment. That person or organization
interim. must do everything necessary to secure our
rights and must do nothing after direct "loss"
to impair them. But you may waive your rights
against another party in writing:
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 83 of 187
1. Prior to a direct "loss" to your Covered b. A business firm:
Property or Covered Income.
(1) Owned or controlled by you; or
2. After a direct "loss" to your Covered
Property or Covered Income only if, at (2) That owns or controls you; or
time of direct "loss", that party is one of c. Your tenant.
the following:
This will not restrict your insurance.
a. Someone insured by this insurance;
Includes copyrighted material of Insurance
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 84 of 187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LOSS PAYABLE PROVISIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL PROPERTY COVERAGE PART
SCHEDULE
Applicable Clause
Loc Bldg Loss Payee Name and Address: (Enter B, C, D or E):
1 1 B
Redacted
A. Nothing in this endorsement increases the appli- c. Bills of lading;
cable Limit of Insurance. We will not pay any
Loss Payee more than their financial interest in d. Financing statements; or
the Covered Property, and we will not pay more e. Mortgages, deeds of trust, or security
than the applicable Limit of Insurance on the agreements.
Covered Property.
2. For Covered Property in which both you and
For the purposes of this endorsement only, the a Loss Payee have an insurable interest:
following are added to BUILDING AND PER-
SONAL PROPERTY COVERAGE FORM, SEC- a. We will pay for covered "loss" to each
TION D. LOSS CONDITIONS, 4. Loss Pay- Loss Payee in their order of prece-
ment, as indicated in the Schedule of this en- dence, as interests may appear.
dorsement.
b. The Loss Payee has the right to receive
B. Loss Payable loss payment even if the Loss Payee
has started foreclosure or similar action
For Covered Property in which both you and a on the Covered Property.
Loss Payee shown in the Schedule of this en-
dorsement have an insurable interest, we will: c. If we deny your claim because of your
acts or because you have failed to
1. Adjust losses with you; and comply with the terms of the Coverage
2. Pay any claim for "loss" jointly to you and the Part, the Loss Payee will still have the
Loss Payee, as interests may appear. right to receive loss payment if the Loss
Payee:
C. Lender's Loss Payable
(1) Pays any premium due under this
1. The Loss Payee shown in the Schedule of Coverage Part at our request if you
this endorsement is a creditor, including a have failed to do so;
mortgageholder or trustee, whose interest in
Covered Property is established by such (2) Submits a signed, sworn proof of
written instruments as: loss within 60 days after receiving
notice from us of your failure to do
a. Warehouse receipts; so; and
b. A contract for deed;
Includes copyrighted material of Insurance
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 85 of 187
(3) Has notified us of any change in 4. If we elect not to renew this policy, we will
ownership, occupancy or substan- give written notice to the Loss Payee at least
tial change in risk known to the 10 days before the expiration date of this
Loss Payee. policy.
All of the terms of this Coverage Part D. Contract of Sale
will then apply directly to the Loss Pay-
ee. 1. The Loss Payee shown in the Schedule of
this endorsement is a person or organization
d. If we pay the Loss Payee for any "loss" you have entered a contract with for the sale
and deny payment to you because of of Covered Property.
your acts or because you have failed to
comply with the terms of this Coverage 2. For Covered Property in which both you and
Part: the Loss Payee have an insurable interest
we will:
(1) The Loss Payee's rights will be
transferred to us to the extent of a. Adjust losses with you; and
the amount we pay; and b. Pay any claim for "loss" jointly to you
(2) The Loss Payee's rights to recover and the Loss Payee, as interests may
the full amount of the Loss Payee's appear.
claim will not be impaired. 3. For Covered Property that is the subject of a
At our option, we may pay to the Loss contract of sale, the word "you" includes the
Payee the whole principal on the debt Loss Payee.
plus any accrued interest. In this event, E. Building Owner Loss Payable Clause
you will pay your remaining debt to us.
1. The Loss Payee shown in the Schedule of
3. If we cancel this policy, we will give written this endorsement is the owner of the build-
notice to the Loss Payee at least: ing in which you are a tenant.
a. 10 days before the effective date of 2. We will adjust losses to the building with the
cancellation if we cancel for your non- Loss Payee. Any loss payment made to the
payment of premium; or Loss Payee will satisfy your claims against
b. 30 days before the effective date of us for the owner's property.
cancellation if we cancel for any other 3. We will adjust losses to tenants' improve-
reason. ments and betterments with you, unless the
lease provides otherwise.
Includes copyrighted material of Insurance
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 86 of 187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LOSS PAYABLE PROVISIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL PROPERTY COVERAGE PART
SCHEDULE
Applicable Clause
Loc Bldg Loss Payee Name and Address: (Enter B, C, D or E):
1 1 B
Redacted
A. Nothing in this endorsement increases the appli- c. Bills of lading;
cable Limit of Insurance. We will not pay any
Loss Payee more than their financial interest in d. Financing statements; or
the Covered Property, and we will not pay more e. Mortgages, deeds of trust, or security
than the applicable Limit of Insurance on the agreements.
Covered Property.
2. For Covered Property in which both you and
For the purposes of this endorsement only, the a Loss Payee have an insurable interest:
following are added to BUILDING AND PER-
SONAL PROPERTY COVERAGE FORM, SEC- a. We will pay for covered "loss" to each
TION D. LOSS CONDITIONS, 4. Loss Pay- Loss Payee in their order of prece-
ment, as indicated in the Schedule of this en- dence, as interests may appear.
dorsement.
b. The Loss Payee has the right to receive
B. Loss Payable loss payment even if the Loss Payee
has started foreclosure or similar action
For Covered Property in which both you and a on the Covered Property.
Loss Payee shown in the Schedule of this en-
dorsement have an insurable interest, we will: c. If we deny your claim because of your
acts or because you have failed to
1. Adjust losses with you; and comply with the terms of the Coverage
2. Pay any claim for "loss" jointly to you and the Part, the Loss Payee will still have the
Loss Payee, as interests may appear. right to receive loss payment if the Loss
Payee:
C. Lender's Loss Payable
(1) Pays any premium due under this
1. The Loss Payee shown in the Schedule of Coverage Part at our request if you
this endorsement is a creditor, including a have failed to do so;
mortgageholder or trustee, whose interest in
Covered Property is established by such (2) Submits a signed, sworn proof of
written instruments as: loss within 60 days after receiving
notice from us of your failure to do
a. Warehouse receipts; so; and
b. A contract for deed;
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 87 of 187
(3) Has notified us of any change in 4. If we elect not to renew this policy, we will
ownership, occupancy or substan- give written notice to the Loss Payee at least
tial change in risk known to the 10 days before the expiration date of this
Loss Payee. policy.
All of the terms of this Coverage Part D. Contract of Sale
will then apply directly to the Loss Pay-
ee. 1. The Loss Payee shown in the Schedule of
this endorsement is a person or organization
d. If we pay the Loss Payee for any "loss" you have entered a contract with for the sale
and deny payment to you because of of Covered Property.
your acts or because you have failed to
comply with the terms of this Coverage 2. For Covered Property in which both you and
Part: the Loss Payee have an insurable interest
we will:
(1) The Loss Payee's rights will be
transferred to us to the extent of a. Adjust losses with you; and
the amount we pay; and b. Pay any claim for "loss" jointly to you
(2) The Loss Payee's rights to recover and the Loss Payee, as interests may
the full amount of the Loss Payee's appear.
claim will not be impaired. 3. For Covered Property that is the subject of a
At our option, we may pay to the Loss contract of sale, the word "you" includes the
Payee the whole principal on the debt Loss Payee.
plus any accrued interest. In this event, E. Building Owner Loss Payable Clause
you will pay your remaining debt to us.
1. The Loss Payee shown in the Schedule of
3. If we cancel this policy, we will give written this endorsement is the owner of the build-
notice to the Loss Payee at least: ing in which you are a tenant.
a. 10 days before the effective date of 2. We will adjust losses to the building with the
cancellation if we cancel for your non- Loss Payee. Any loss payment made to the
payment of premium; or Loss Payee will satisfy your claims against
b. 30 days before the effective date of us for the owner's property.
cancellation if we cancel for any other 3. We will adjust losses to tenants' improve-
reason. ments and betterments with you, unless the
lease provides otherwise.
Includes copyrighted material of Insurance
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 88 of 187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EQUIPMENT BREAKDOWN COVERAGE
(Excluding Production Machinery)
This endorsement modifies insurance provided under the following:
COMMERCIAL PROPERTY COVERAGE FORM
apply. These limits apply to direct
A. COVERAGE damage only.
1. BUILDING AND PERSONAL PROP- (1) Ammonia Contamination Limi-
ERTY COVERAGE FORM, SECTION A. tation
COVERAGE is amended by adding the
following: If Covered Property is contami-
nated by ammonia as a result of
We will pay for direct damage to Covered an "accident" to Covered Prop-
Property caused by or resulting from an erty at the "premises", the most
"accident" at the "premises". we will pay for this kind of dam-
2. BUILDING AND PERSONAL PROP- age, including salvage expense,
ERTY COVERAGE FORM, SECTION A. is $50,000 per location.
COVERAGE, 3. Covered Causes of (2) Data, Media and Software Res-
Loss, b. Exclusions is amended by: toration
a. Adding the following to (1)(e) Utility If "electronic data" is destroyed
Services, (1)(g) Water 1), (2)(a) or corrupted as a result of an
Electrical Current, (2)(d) Miscella- "accident" to covered equipment,
neous Causes of Loss, (2)(j) Expo- the most we will pay for the ex-
sure to Weather, (3)(a) Weather penses incurred by you for the
Conditions, (3)(b) Acts or Deci- restoration of that "electronic
sions, and (3)(c) Defects, Errors, data" is $50,000 for all loss sus-
and Omissions: tained in the "coverage term",
However, this exclusion does not ap- regardless of the number of "ac-
ply if these causes of loss are caused cidents" or the number of "prem-
by, or result from, an "accident" to ises" involved.
Covered Property at the "premises". (3) "Hazardous Substance" Limi-
b. Deleting in its entirety (2)(e) Explo- tation
sion of Steam Apparatus. The following applies despite the
3. BUILDING AND PERSONAL PROP- operation of the Ordinance or
Law Exclusion.
ERTY COVERAGE FORM, SECTION A.
COVERAGE, 3. Covered Causes of If Covered Property is damaged,
Loss, c. Limitations is amended: contaminated or polluted by a
"hazardous substance" as a re-
a. By deleting in its entirety:
sult of an "accident" to Covered
(1) (1)(a) Steam Apparatus; and Property at the "premises", the
most we will pay for any addi-
(2) (1)(b) Hot Water Boilers, tional expenses incurred by you
for clean up, repair, replacement
b. And by adding the following:
or disposal of that property is
The following limitations apply only to $50,000. As used here, addi-
"loss" covered by this endorsement. tional expenses mean expenses
The sublimits provided in Paragraphs incurred beyond those for which
(1), (2) and (3) below are included we would be liable if no "hazard-
within, and are not in addition to, the ous substance" had been in-
Limit of Insurance shown in the Dec- volved.
larations as applicable to the Covered
Property. These limits, or the appli- B. Additional Coverages
cable Limit of Insurance shown in the For the purposes of the coverages in this en-
Declarations as applicable to the dorsement only, BUILDING AND PERSONAL
Covered Property, whichever is less, PROPERTY COVERAGE FORM, SECTION
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 89 of 187
A. COVERAGE, 4. Additional Coverages is to the lost or damaged Covered Property,
amended as follows: whichever is greater.
1. The first paragraph is deleted in its en- D. Conditions
tirety and replaced with the following:
For the purposes of the coverages in this en-
All other terms and conditions of this Cov- dorsement only, BUILDING AND PERSONAL
erage Part, including Limits of Insurance PROPERTY COVERAGE FORM, SECTION
and deductibles, apply to these Additional E. ADDITIONAL CONDITIONS is amended by
Coverages. adding the following:
2. The following is added: 1. Suspension
a. Drying Out Whenever any covered equipment is
found to be in, or exposed to, a danger-
If electrical equipment included in ous condition, any of our representatives
Covered Property requires "drying
may immediately suspend the insurance
out" as a result of a "flood", the rea- against "loss" from an "accident" to that
sonable expense incurred for the
covered equipment. This can be done by
"drying out" will be covered. This Ad- delivering or mailing a written notice of
ditional Coverage is included within
suspension to:
the Limit of Insurance shown in the
Declarations as applicable to the a. Your last known address; or
Covered Property.
b. The address where the covered
b. Expediting Expenses equipment is located.
With respect to "loss" covered by this Once suspended in this way, your insur-
endorsement, and with respect to ance can be reinstated only by written no-
your damaged Covered Property, we tice from us.
will pay the reasonable extra cost to:
If we suspend your insurance, you will get
(1) Make temporary repairs; a pro rata refund of premium for that cov-
ered equipment. However, the suspension
(2) Expedite permanent repairs; and will be effective even if we have not yet
(3) Expedite permanent replace- made or offered a refund.
ment.
2. Inspection
c. Non-Owned Utility Service Equip- If any Covered Property requires inspec-
ment tion to comply with state or municipal
We will pay for indirect loss resulting boiler and pressure vessel regulations, we
from an "accident" to non-owned util- agree to perform such inspection on your
ity equipment described in E. Defini- behalf.
tions, 1.a.(6) but we will not pay for E. Definitions
any expense to repair or replace di-
rect damage to non-owned utility For the purposes of the coverages in this en-
equipment that: dorsement only, BUILDING AND PERSONAL
PROPERTY COVERAGE FORM, SECTION
(1) You do not own, lease or rent, or G. DEFINITIONS is amended by adding the
(2) That is not in your care custody following:
and control.
1. a."Accident" means a sudden and acci-
This Additional Coverage is included dental breakdown of the following covered
within the Limit of Insurance shown in the equipment:
Declarations as applicable to the Covered
(1) Any boiler;
Property.
(2) Any fired or unfired pressure vessel
C. Deductible subject to vacuum or internal pres-
For the purposes of the coverages in this en- sure other than the static pressure of
dorsement only, BUILDING AND PERSONAL its contents;
PROPERTY COVERAGE FORM, SECTION (3) Any piping and its accessory equip-
C. DEDUCTIBLE is amended by adding the ment;
following:
(4) Any refrigeration or air conditioning
The deductible applicable to "loss" covered by
system; or
this endorsement is $500, or the deductible in-
dicated in the Declarations as being applicable
FA 244 05 11 Page 2 of 3
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 90 of 187
(5) Any mechanical or electrical machine 2. "Drying out" means restoration of electrical
or apparatus used for the generation, equipment to service following a "flood" by re-
transmission or utilization of me- moval of excess moisture from that equipment
chanical or electrical power. including:
(6) Equipment of a type described in a. Application of heat or controlled electrical
definition a.(1) through (5) above current, circulation of air, or use of dehu-
which you do not own, lease or rent midification equipment, after rinsing the
and is not in your care, custody or electrical equipment with clean fresh wa-
control that is on or within one mile of ter if necessary to flush away "flood" de-
a covered "location", and is supplying bris;
you with electricity, gas, water,
steam, heat, refrigeration, air condi- b. "Drying out" can be done in place or
tioning or communication services. equipment can be disconnected and re-
moved to a repair facility for drying if nec-
At the time the breakdown occurs, it must essary.
become apparent by physical damage
that requires repair or replacement of the c. "Drying out" does not include or apply to:
covered equipment or part thereof. (1) Replacement or repair of any electri-
b. None of the following is an "accident": cal equipment or parts thereof; or
(1) Depletion, deterioration, corrosion or (2) Any expense related to deconstruc-
erosion, wear and tear; tion, demolition, or reconstruction of
any building component, structure or
(2) Leakage at any valve, fitting, shaft part thereof to gain access to electri-
seal, gland packing, joint or connec- cal equipment.
tion;
3. "Flood" means a general and temporary con-
(3) The functioning of any safety or pro- dition of partial or complete inundation of nor-
tective device; or mally dry land areas due to:
(4) The breakdown of any structure or a. The overflow of inland or tidal waters;
foundation.
b. The unusual or rapid accumulation or
c. None of the following are covered equip- runoff of surface waters from any source;
ment: or
(1) Any sewer piping, underground gas c. Mudslides or mudflows, which are caused
piping, or piping forming a part of a by flooding as defined above in Paragraph
sprinkler system; 3.b. For the purpose of this Covered
Cause of Loss, a mudslide or mudflow in-
(2) Water piping other than boiler feed volves a river of liquid and flowing mud on
water piping, boiler condensate return the surface of normally dry land areas as
piping or water piping forming a part when earth is carried by a current of water
of a refrigeration or air conditioning and deposited along the path of the cur-
system; rent.
(3) Insulating or refractory material; All flooding in a continuous or protracted
(4) Vehicle, elevator, escalator, con- event will constitute a single "flood".
veyor, hoist or crane; 4. "Hazardous Substance" means a substance
(5) Felt, wire, screen, die, extrusion declared to be hazardous to health by a gov-
plate, swing hammer, grinding disc, ernmental agency.
cutting blade, non-electrical cable, 5. "Production Machinery" means:
chain, belt, rope, clutch plate, brake
pad, nonmetallic part, or any part or a. Production or process machine or appara-
tool subject to periodic replacement; tus that processes, forms, cuts, shapes
or grinds or conveys raw material, material in
process or finished products, and the
(6) "Production Machinery". computers and their peripherals that con-
d. If a strike, riot, civil commotion, act of trol or operate such a machine or appara-
sabotage or vandalism results in an "acci- tus.
dent", this insurance applies. However, b. Machine or apparatus used for research,
the War and Military Action Exclusion and medical, diagnostic, surgical, dental or
the conditions of this Coverage Part still pathological purposes, and computers
apply. and their peripherals that control or oper-
ate such a machine or apparatus.
FA 244 05 11 Page 3 of 3
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 91 of 187
BUSINESS INCOME (AND EXTRA EXPENSE)
COVERAGE FORM
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties
and what is and is not covered.
Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The
words "we", "us" and "our" refer to the Company providing this insurance.
Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION F. DEFI-
NITIONS.
SECTION A. COVERAGE cated if that area services or is used
to gain access to the described
Coverage is provided as described and limited be- "premises".
low for one or more of the following options for
which a Limit of Insurance is shown in the Declara- (2) Your personal property in the open
tions: (or in a vehicle or portable storage
unit) within 1,000 feet of the building
a. "Business Income" including "Rental Value". or 1,000 feet of the "premises",
b. "Business Income" other than "Rental Value". whichever distance is greater.
c. "Rental Value". 2. Extra Expense
If option a. above is selected, the term "Business
Income" will include "Rental Value". If option c. a. Extra Expense coverage is provided at
the "premises" described in the Declara-
above is selected, the term "Business Income" will
tions only if the Declarations show that
mean "Rental Value" only.
"Business Income" coverage applies at
If Limits of Insurance are shown under more than that "premises".
one of the above options, the provisions of this
Coverage Part apply separately to each. b. Extra Expense means necessary ex-
penses you sustain (as described in Par-
1. Business Income agraphs 2.c., d. and e.) during the "period
of restoration" that you would not have
a. We will pay for the actual loss of "Busi- sustained if there had been no direct
ness Income" you sustain due to the nec- "loss" to property caused by or resulting
essary "suspension" of your "operations" from a Covered Cause of Loss.
during the "period of restoration". The
"suspension" must be caused by direct c. If these expenses reduce the otherwise
"loss" to property at "premises" which are payable "Business Income" "loss", we will
described in the Declarations and for pay expenses (other than the expense to
which a "Business Income" Limit of Insur- repair or replace property as described in
ance is shown in the Declarations. The Paragraph 2.d.) to:
"loss" must be caused by or result from a
Covered Cause of Loss. With respect to (1) Avoid or minimize the "suspension"
of business and to continue "opera-
"loss" to personal property in the open (or
tions" either:
personal property in a vehicle or portable
storage unit), the "premises" include the (a) At the "premises"; or
area within 1,000 feet of the building or
1,000 feet of the "premises", whichever (b) At replacement "premises" or
distance is greater. temporary locations, including
relocation expenses and costs to
b. With respect to the requirements set forth equip and operate the replace-
in the preceding paragraph, if you are a ment location or temporary loca-
tenant and occupy only part of the site at tion; or
which the "premises" are located, for the
purposes of this Coverage Part only, your (2) Minimize the "suspension" of busi-
"premises" is the portion of the building ness if you cannot continue "opera-
which you rent, lease or occupy, includ- tions".
ing:
d. We will also pay expenses to:
(1) Any area within the building or on the
site at which the "premises" are lo- (1) Repair or replace property; or
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 92 of 187
(2) Research, replace or restore the lost sulting from any Covered Cause of Loss
information on damaged "valuable to:
papers and records";
(1) New buildings or structures, whether
but only to the extent this payment reduc- complete or under construction;
es the otherwise payable "Business In-
come" "loss". If any property obtained for (2) Alterations or additions to existing
temporary use during the "period of resto- buildings or structures; and
ration" remains after the resumption of (3) Machinery, equipment, supplies or
normal "operations", the amount we will building materials located on or with-
pay under this Coverage Form will be re- in 1,000 feet of the "premises" and:
duced by the salvage value of that prop-
erty. (a) Used in the construction, altera-
tions or additions; or
e. Extra Expense as described in Para-
graphs 2.a. thru 2.d. does not apply to (b) Incidental to the occupancy of
"loss" to Covered Property as described new buildings.
in the BUILDING AND PERSONAL
PROPERTY COVERAGE FORM. If such direct "loss" delays the start of
"operations", the "period of restoration"
3. Covered Causes of Loss for "Business Income" coverage will begin
on the date "operations" would have be-
See BUILDING AND PERSONAL PROPER- gun if the direct "loss" had not occurred.
TY COVERAGE FORM, SECTION A. COV-
ERAGE, 3. Covered Causes of Loss. b. Civil Authority
When a Covered Cause of Loss causes
4. Limitation for Electronic Data
direct damage to property other than
a. Coverage for "Business Income" does not Covered Property at the "premises", we
apply when a "suspension" of "opera- will pay for the actual loss of "Business
tions" is caused by destruction or corrup- Income" you sustain and necessary Extra
tion of "electronic data", or any "loss" to Expense you sustain caused by action of
"electronic data", except as provided un- civil authority that prohibits access to the
der SECTION A. COVERAGE, 5. Addi- "premises", provided that both of the fol-
tional Coverages, d. Interruption of lowing apply:
Computer Operations.
(1) Access to the area immediately sur-
b. Coverage for Extra Expense does not ap- rounding the damaged property is
ply when action is taken to avoid or mini- prohibited by civil authority as a re-
mize a "suspension" of "operations" sult of the damage; and
caused by destruction or corruption of
"electronic data", or any "loss" to "elec- (2) The action of civil authority is taken in
tronic data", except as provided under response to dangerous physical con-
ditions resulting from the damage or
SECTION A. COVERAGE, 5. Additional
continuation of the Covered Cause of
Coverages, d. Interruption of Comput-
Loss that caused the damage, or the
er Operations.
action is taken to enable a civil au-
c. This Limitation does not apply when thority to have unimpeded access to
"loss" to "electronic data" involves only the damaged property.
"electronic data" which is integrated in
Civil Authority coverage for "Business In-
and operates or controls a building's ele-
vator, lighting, heating, ventilation, air come" will begin immediately after the
conditioning or security system. time of the first action of civil authority that
prohibits access to the "premises" and will
apply for a period of up to 30 consecutive
5. Additional Coverages days from the date on which such cover-
The Additional Coverages in Paragraphs 5.a. age began.
through 5.e. are included within and not addi-
Civil Authority coverage for Extra Ex-
tional "Business Income" and Extra Expense pense will begin immediately after the
Limits of Insurance. time of the first action of civil authority that
prohibits access to the "premises" and will
a. Alterations and New Buildings end 30 consecutive days after the date of
We will pay for the actual loss of "Busi- that action; or when your Civil Authority
ness Income" you sustain and necessary coverage for "Business income" coverage
Extra Expense you sustain due to direct ends, whichever is later.
"loss" at the "premises" caused by or re-
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 93 of 187
c. Extended Business Income (ii) 60 consecutive days after
the date determined in
(1) "Business Income" Other Than c.(2)(a) above.
"Rental Value"
However, Extended Business Income
If the necessary "suspension" of your does not apply to loss of "Rental Value"
"operations" produces a "Business sustained as a result of unfavorable busi-
Income" "loss" payable under this ness conditions caused by the impact of
Coverage Part, we will pay for the ac- the Covered Cause of Loss in the area
tual loss of "Business Income" you where the "premises" are located.
sustain during the period that:
Loss of "Rental Value" must be caused by
(a) Begins on the date property (ex- direct "loss" at the described "premises"
cept "finished stock") is actually caused by or resulting from any Covered
repaired, rebuilt or replaced and Cause of Loss.
"operations" are resumed; and
d. Interruption of Computer Operations
(b) Ends on the earlier of:
(1) Subject to all provisions of this Addi-
(i) The date you could restore tional Coverage - Interruption of
your "operations", with rea- Computer Operations, you may ex-
sonable speed, to the level tend the insurance that applies to
which would generate the "Business Income" and Extra Ex-
"Business Income" amount pense to apply to a "suspension" of
that would have existed if no "operations" caused by an interrup-
direct "loss" had occurred; or tion in computer operations due to
(ii) 60 consecutive days after destruction or corruption of "electron-
the date determined in ic data" due to a Covered Cause of
c.(1)(a) above. Loss. This Additional Coverage - In-
terruption of Computer Operations
However, Extended Business Income does not apply when "loss" to "elec-
does not apply to loss of "Business tronic data" only involves "loss" to
Income" sustained as a result of un- "electronic data" which is integrated
favorable business conditions caused in and operates or controls a build-
by the impact of the Covered Cause ing's elevator, lighting, heating, venti-
of Loss in the area where the "prem- lation, air conditioning or security
ises" are located. system.
Loss of "Business Income" must be (2) The Covered Causes of Loss include
caused by direct "loss" at the "prem- a virus, harmful code or similar in-
ises" caused by or resulting from any struction introduced into or enacted
Covered Cause of Loss. on a computer system (including
"electronic data") or a network to
(2) "Rental Value" which it is connected, designed to
If the necessary "suspension" of your damage or destroy any part of the
"operations" produces a "Rental Val- system or disrupt its normal opera-
ue" loss payable under this Coverage tion. But there is no coverage for an
Part, we will pay for the actual loss of interruption related to manipulation of
"Rental Value" you sustain during the a computer system (including "elec-
period that: tronic data") by any employee, in-
cluding a temporary or leased em-
(a) Begins on the date property is ployee, or by an entity retained by
actually repaired, rebuilt or re- you or for you to inspect, design, in-
placed and tenantability is re- stall, maintain, repair or replace that
stored; and system.
(b) Ends on the earlier of: (3) The most we will pay under this Addi-
tional Coverage - Interruption of
(i) The date you could restore Computer Operations is $2,500 for
tenant occupancy, with rea- all "loss" sustained and expense sus-
sonable speed, to the level tained in any "coverage term", re-
which would generate the gardless of the number of interrup-
"Rental Value" that would tions or the number of "premises", lo-
have existed if no direct cations or computer systems in-
"loss" had occurred; or volved. If loss payment relating to the
first interruption does not exhaust this
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 94 of 187
amount, then the balance is available (2) Buildings you newly purchase or be-
for "loss" or expense sustained as a come required to insure by written
result of subsequent interruptions in contract; or
that "coverage term". A balance re-
maining at the end of a "coverage (3) Leased buildings or space therein
term" does not increase the amount that you are not required to insure.
of insurance in the next "coverage Such lease must be for a period of 12
term". With respect to any interrup- consecutive months or longer.
tion which begins in one "coverage This does not apply to property situated at
term" and continues or results in ad- trade shows, fairs or exhibitions.
ditional "loss" or expense in that sub-
sequent "coverage term", all "loss" b. The most we will pay in total for "Business
and expense is deemed to be sus- Income" and Extra Expense "loss" under
tained in the "coverage term" in this Coverage Extension is $100,000 at
which the interruption began. each location described in Paragraph 6.a.
(4) This Additional Coverage - Interrup- c. Insurance under this Coverage Extension
tion in Computer Operations does will end when any of the following first oc-
not apply to "loss" sustained or ex- curs:
pense sustained after the end of the
"period of restoration", even if the (1) This policy expires;
amount of insurance stated in Para- (2) 90 days pass from the date you
graph d.(3) of this Additional Cover- begin construction on that part of the
age has not been exhausted. building that would qualify as Cov-
e. Ingress and Egress ered Property;
We will pay for the actual loss of "Busi- (3) 90 days pass from the date you pur-
ness Income" you sustain and necessary chase, lease, or become contractual-
Extra Expense you sustain caused by the ly required to insure property de-
prevention of existing ingress or egress at scribed in Paragraphs 6.a.(2) and (3);
a "premises" shown in the Declarations or
due to direct "loss" by a Covered Cause (4) You report values to us when you
of Loss at a location contiguous to such acquire your new building or busi-
"premises". However, coverage does not ness personal property.
apply if ingress or egress from the "prem-
ises" is prohibited by civil authority. We will charge you additional premium for
values reported from the date you purchase or
Ingress and egress coverage for "Busi- lease the property or begin construction on
ness Income" will begin immediately after that part of the building that would qualify as
the time of the direct "loss" and will con- Covered Property.
tinue for a period up to 30 consecutive
days. SECTION B. LIMITS OF INSURANCE
Ingress and egress coverage for Extra The most we will pay for "loss" in any one occur-
Expense will begin at time of the direct rence is the applicable Limit of Insurance shown in
"loss" and will continue for 30 consecutive the Declarations.
days or whenever your Ingress and
Egress "business income" coverage SECTION C. LOSS CONDITIONS
ends, whichever occurs first. The following conditions apply in addition to the
6. Coverage Extension COMMON POLICY CONDITIONS and the COM-
MERCIAL PROPERTY CONDITIONS.
The limit applicable to the Coverage Extension
is in addition to the Limit of Insurance. SEC- 1. Appraisal
TION D. ADDITIONAL CONDITION, 1. Coin- If we and you disagree on the amount of
surance does not apply to this Coverage Ex- "Business Income" or Extra Expense "loss",
tension. either may make written demand for an ap-
Newly Purchased or Leased Locations praisal of the "loss". In this event, each party
will select a competent and impartial apprais-
a. You may extend your "Business Income" er.
and Extra Expense coverages to apply to
property located at: The two appraisers will select an umpire. If
they cannot agree, either may request that se-
(1) New buildings or additions while be- lection be made by a judge of a court having
ing built on a "premises"; jurisdiction. The appraisers will state separate-
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 95 of 187
ly the amount of "Business Income" or Extra your "operations" as quickly as pos-
Expense "loss". If they fail to agree, they will sible.
submit their differences to the umpire. A deci-
sion agreed to by any two will be binding. b. We may examine any insured under oath,
Each party will: while not in the presence of any other in-
sured and at such times as may be rea-
a. Pay its chosen appraiser; and sonably required, about any matter relat-
ing to this insurance or the claim, includ-
b. Bear the other expenses of the appraisal ing an insured's books and records. In the
and umpire equally. event of an examination, an insured's an-
If there is an appraisal, we will still retain our swers must be signed.
right to deny the claim. 3. Loss Determination
2. Duties in the Event of Loss a. The amount of "Business Income" "loss"
a. You must see that the following are done will be determined based on:
in the event you have a "Business In- (1) The Net Income of the business be-
come" or Extra Expense "loss": fore the direct "loss" occurred;
(1) Notify the police if a law may have (2) The likely Net Income of the business
been broken. if no direct "loss" had occurred, but
(2) Give us prompt notice of the direct not including any Net Income that
"loss". Include a description of the would likely have been earned as a
property involved. result of an increase in the volume of
business due to favorable business
(3) As soon as possible, give us a de- conditions caused by the impact of
scription of how, when, and where the Covered Cause of Loss on cus-
the direct "loss" occurred. tomers or on other businesses;
(4) Take all reasonable steps to protect (3) The operating expenses, including
the Covered Property from further payroll expenses, necessary to re-
damage, and keep a record of your sume "operations" with the same
expenses necessary to protect the quality of service that existed just be-
Covered Property, for consideration fore the direct "loss"; and
in the settlement of the claim. This
will not increase the Limit of Insur- (4) Other relevant sources of infor-
ance. However, we will not pay for mation, including:
any subsequent "loss" resulting from (a) Your financial records and ac-
a cause of loss that is not a Covered counting procedures;
Cause of Loss. Also, if feasible, set
the damaged property aside and in (b) Bills, invoices and other vouch-
the best possible order for examina- ers; and
tion.
(c) Deeds, liens or contracts.
(5) As often as may be reasonably re-
quired, permit us to inspect the prop- b. The amount of Extra Expense will be de-
erty proving the "loss" and examine termined based on:
your books and records. (1) All expenses that exceed the normal
Also permit us to take samples of operating expenses that would have
damaged and undamaged property been sustained by "operations" dur-
for inspection, testing and analysis, ing the "period of restoration" if no di-
and permit us to make copies from rect "loss" had occurred. We will de-
your books and records. duct from the total of such expenses:
(6) Send us a signed, sworn proof of (a) The salvage value that remains
loss containing the information we of any property bought for tem-
request to investigate the claim. You porary use during the "period of
must do this within 60 days after our restoration", once "operations"
request. We will supply you with the are resumed; and
necessary forms. (b) Any Extra Expense that is paid
(7) Cooperate with us in the investigation for by other insurance, except
or settlement of the claim. for insurance that is written sub-
ject to the same plan, terms,
(8) If you intend to continue your busi- conditions and provisions as this
ness, you must resume all or part of insurance; and
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(2) Necessary expenses that reduce the Instead, we will determine the most we will
"Business Income" "loss" that other- pay using the following steps:
wise would have been incurred.
1. Multiply the Net Income and operating
c. Resumption of Operations expense for the 12 months following the
inception, or last previous anniversary
We will reduce the amount of your: date, of this Coverage Part by the Coin-
(1) "Business Income" "loss", other than surance percentage;
Extra Expense to the extent you can 2. Divide the Limit of Insurance for the de-
resume your "operations", in whole or scribed "premises" by the figure deter-
in part, by using damaged or undam- mined in Step 1.; and
aged property (including merchan-
dise or stock) at the "premises" or 3. Multiply the total amount of "loss" by the
elsewhere. figure determined in Step 2.
(2) Extra Expense "loss" to the extent We will pay the amount determined in Step 3.
you can return "operations" to normal or the limit of insurance, whichever is less. For
and discontinue such Extra Expense. the remainder, you will either have to rely on
other insurance or absorb the loss yourself.
d. If you do not resume "operations", or do
not resume "operations" as quickly as In determining operating expenses for the
possible, we will pay based on the length purpose of applying the Coinsurance condi-
of time it would have taken to resume tion, the following expenses, if applicable,
"operations" as quickly as possible. shall be deducted from the total of all operat-
ing expenses:
4. Loss Payment
1. Prepaid freight - outgoing;
We will pay for insured "loss" within 30 days
after we receive the sworn proof of loss, if you 2. Returns and allowances;
have complied with all of the terms of this
Coverage Part and: 3. Discounts;
a. We have reached agreement with you on 4. Bad debts;
the amount of "loss"; or 5. Collection expenses;
b. An appraisal award has been made. 6. Cost of raw stock and factory supplies
SECTION D. ADDITIONAL CONDITION consumed (including transportation
charges);
1. Coinsurance
7. Cost of merchandise sold (including
If a Coinsurance percentage is shown in the transportation charges);
Declarations, the following condition applies in
addition to the COMMON POLICY CONDI- 8. Cost of other supplies consumed (includ-
TIONS and the COMMERCIAL PROPERTY ing transportation charges);
CONDITIONS. 9. Cost of services purchased from outsid-
We will not pay the full amount of any "Busi- ers (not employees) to resell, that do not
ness Income" "loss" if the Limit of Insurance continue under contract;
for "Business Income" is less than: 10. Power, heat and refrigeration expenses
a. The Coinsurance percentage shown for that do not continue under contract (if
"Business Income" in the Declarations; Form CP 15 11 is attached);
times 11. All payroll expenses or the amount of
b. The sum of: payroll expense excluded (if Form FA 465
is attached); and
(1) The Net Income (Net Profit or Loss
before income taxes), and 12. Special deductions for mining properties
(royalties unless specifically included in
(2) Operating expenses, including pay- coverage; actual depletion commonly
roll expenses, known as unit or cost depletion - not per-
centage depletion; welfare and retirement
that would have been earned or incurred fund charges based on tonnage; hired
(had no direct "loss" occurred) by your trucks).
"operations" at the "premises" for the 12 Example No. 1 (Underinsurance):
months following the inception, or last
previous anniversary date, of this Cover- When: The Net Income and operating
age Part (whichever is later). expenses for the 12 months follow-
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ing the inception, or last previous (2) The Limit of Insurance shown in the
anniversary date of this Coverage Declarations.
Part at "premises" would have
been $400,000. 2. Monthly Limit of Indemnity
The Coinsurance percentage is 50% a. SECTION D. ADDITIONAL CONDI-
TIONS, 1. Coinsurance does not apply
The Limit of Insurance Is $150,000 to this Coverage Part at the "premises" to
"Business Income" "loss" is $80,000 which this Optional Coverage applies.
Step 1: $400,000 X 50% = $200,000 b. The most we will pay for "Business In-
(the minimum amount of insurance come" "loss" in each period of 30 consec-
to meet your Coinsurance re- utive days after the beginning of the "pe-
quirements) riod of restoration" is:
Step 2: $150,000 ÷ $200,000 = .75 (1) The Limit of Insurance; multiplied by
Step 3: $ 80,000 X .75 = $60,000 (2) The fraction shown in the Declara-
tions for this Optional Coverage.
We will pay no more than $60,000. The re-
maining $20,000 is not covered. Example:
Example No. 2 (Adequate Insurance): When: The "Business Income" Limit of In-
surance is $120,000
When: The Net Income and operating ex-
penses for the 12 months following The fraction shown in the Declara-
the inception, or last previous anni- tions for this Optional Coverage is
versary date of this Coverage Part at 1/4
the "premises" would have been
The most we will pay for "loss" in
$400,000.
each period of 30 consecutive days
The Coinsurance percentage is 50% is: $120,000 X 1/4 = $30,000.
The Limit of Insurance Is $200,000 If, in this example, the actual amount of "Busi-
ness Income" "loss" is:
"Business Income" "loss" is $80,000
Days 1-30 $40,000
The minimum amount of insurance to meet Days 31-60 20,000
your Coinsurance requirement is $200,000 Days 61-90 30,000
($400,000 x 50%). Therefore, the Limit of In- $90,000
surance in this example is adequate and no
penalty applies. We will pay no more than We will pay:
$80,000 (amount of "loss"). Days 1-30 $30,000
This condition does not apply to Extra Ex- Days 31-60 20,000
pense. Days 61-90 30,000
$80,000
SECTION E. OPTIONAL COVERAGES
The remaining $10,000 is not covered.
If shown as applicable in the Declarations, the fol-
lowing Optional Coverages apply separately to 3. Business Income Agreed Value
each item. a. To activate this Optional Coverage:
1. Maximum Period of Indemnity (1) A Business Income Report/Work
Sheet must be on file with the Com-
a. SECTION D. ADDITIONAL CONDI-
pany and must show financial data
TIONS, 1. Coinsurance does not apply
to this Coverage Part at the "premises" to for your "operations":
which this Optional Coverage applies. (a) During the 12 months prior to
the date of the Work Sheet; and
b. The most we will pay in total for "Business
Income" and Extra Expense "loss" is the (b) Estimated for the 12 months
lesser of: immediately following the incep-
tion of this Optional Coverage.
(1) The amount of "Business Income"
and Extra Expense "loss" sustained (2) The Declarations must indicate that
during the 120 days immediately fol- the Business Income Agreed Value
lowing the beginning of the "period of Optional Coverage applies. The
restoration"; or "Business Income" Limit of Insurance
indicated on the Declarations should
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 98 of 187
be at least equal to the Agreed Val- b. Continuing normal operating expenses
ue, which is determined by: sustained, including payroll.
(a) The Coinsurance percentage
2. "Computer programs" means a set of related
shown in the Declarations; mul- electronic instructions which direct the opera-
tiplied by tions and functions of a computer or device
(b) The amount of Net Income and connected to it, which enable the computer or
Operating Expenses for the fol- device to receive, process, store, retrieve or
lowing 12 months you report on send data.
the Work Sheet.
3. "Coverage term" means the following individ-
b. Except as noted in c. below, the ADDI- ual increment, or if a multi-year policy period,
TIONAL CONDITION Coinsurance is increments, of time, which comprise the policy
suspended until the expiration date of this period of this Coverage Part:
Coverage Part.
a. The year commencing on the Effective
c. We will reinstate the ADDITIONAL CON- Date of this Coverage Part at 12:01 A.M.
DITION Coinsurance automatically if you standard time at your mailing address
do not submit a new Work Sheet and shown in the Declarations, and if a multi-
Agreed Value: year policy period, each consecutive an-
nual period thereafter, or portion thereof if
(1) When you request a change in your
"Business Income" Limit of Insur- any period is for a period of less than 12
months, constitute individual "coverage
ance; or
terms". The last "coverage term" ends at
(2) When you request the coinsurance 12:00 A.M. standard time at your mailing
percentage be changed on the Work address shown in the Declarations on the
Sheet. earlier of:
d. If the "Business Income" Limit of Insur- (1) The day the policy period shown in
ance is less than the Agreed Value, we the Declarations ends; or
will not pay more of any loss than the
amount of loss multiplied by: (2) The day the policy to which this Cov-
erage Part is attached is terminated
(1) The "Business Income" Limit of In- or cancelled.
surance; divided by
b. However, if after the issuance of this
(2) The Agreed Value. Coverage Part, any "coverage term" is
extended for an additional period of less
Example: than 12 months, that additional period of
When: The Limit of Insurance is $100,000 time will be deemed to be part of the last
preceding "coverage term".
The Agreed Value is $200,000
4. "Electronic data" means information, facts or
"Business Income" "loss" is $80,000 "computer programs" stored as or on, created
Step (a): $100,000 ÷ $200,000 = .50 or used on, or transmitted to or from computer
software (including systems and applications
Step (b): .50 X $80,000 = $40,000 software), on hard or floppy disks, CD-ROMs,
We will pay $40,000. The remaining $40,000 tapes, drives, cells, data processing devices
is not covered. or any other repositories of computer software
which are used with electronically controlled
equipment.
4. Extended Period of Indemnity
In SECTION A. COVERAGE, 5. Additional 5. "Finished stock" means stock you have
Coverages, c. Extended Business Income, manufactured.
the number "60" in Subparagraphs (1)(b) and
(2)(b) is replaced by the number shown in the "Finished stock" also includes whiskey and al-
Declarations for this Optional Coverage. coholic products being aged, unless there is a
coinsurance percentage shown for "Business
SECTION F. DEFINITIONS Income" in the Declarations.
1. "Business Income" means the: "Finished stock" does not include stock you
have manufactured that is held for sale on the
a. Net income (Net Profit or Loss before in- "premises" of any retail outlet insured under
come taxes) that would have been this Coverage Part.
earned or incurred; and
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 99 of 187
6 "Loss" means accidental physical loss or acci- property, or the environment regardless of
dental physical damage. whether injury or damage is caused directly or
indirectly by the "pollutants" and whether:
7. "Operations" means:
a. You are regularly or otherwise engaged in
a. Your business activities occurring at the activities which taint or degrade the envi-
"premises"; and ronment; or
b. The tenantability of the "premises", if cov- b. You use, generate or produce the "pollu-
erage for "Business Income" including tant".
"Rental Value" or "Rental Value" applies.
10. "Premises" means the Locations and Build-
8. "Period of restoration" means the period of ings described in the Declarations.
time that:
11. "Rental Value" means "Business Income" that
a. Begins at the time of direct "loss". consists of:
b. Ends on the earlier of: a. Net income (Net Profit or Loss before in-
(1) The date when the property at the come taxes) that would have been earned
"premises" should be repaired, rebuilt or incurred as rental income from tenant
or replaced with reasonable speed occupancy of the "premises" described in
and similar quality; or the Declarations as furnished and
equipped by you, including fair rental val-
(2) The date when business is resumed ue of any portion of the "premises" which
at a new permanent location. is occupied by you; and
c. "Period of restoration" does not include b. Continuing normal operating expenses
any increased period required due to the incurred in connection with that "premis-
enforcement of or compliance with any es", including:
ordinance or law that:
(1) Payroll; and
(1) Regulates the construction, use or
repair, or requires the tearing down (2) The amount of charges, which are
of any property; or the legal obligation of the tenant(s)
but would otherwise be your obliga-
(2) Requires any insured or others to tions.
test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, 12. "Suspension" means:
or in any way respond to or assess a. The slowdown or cessation of your busi-
the effects of "pollutants". ness activities; and
d. The expiration date of the Coverage Part b. That a part or all of the "premises" is ren-
will not cut short the "period of restora- dered untenantable if coverage for "Busi-
tion". ness Income" including "Rental Value" or
9. "Pollutants" means any solid, liquid, gaseous "Rental Value" applies.
or thermal irritant or contaminant, including 13. "Valuable papers and records" means in-
smoke, vapor, soot, fumes, acids, alkalis, as- scribed, printed or written documents, manu-
bestos, chemicals, petroleum, petroleum scripts or records, including abstracts, books,
products and petroleum by-products, and card index systems, deeds, drawings, films,
waste. Waste includes materials to be recy- maps, mortgages, or proprietary information.
cled, reconditioned or reclaimed. "Pollutants" But "valuable papers and records" does not
include but are not limited to substances mean "money" or "securities" or "electronic
which are generally recognized in industry or data", including the materials on which the
government to be harmful or toxic to persons, "electronic data" is recorded.
Includes copyrighted material of Insurance
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 100 of 187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
EARTHQUAKE AND VOLCANIC ERUPTION
ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL PROPERTY COVERAGE PART
A. Application of Earthquake Coverage stitute a single Earthquake or Volcanic Erup-
tion. The expiration of this Coverage Part will
1. This endorsement applies to the Covered not reduce the 168-hour period.
Property and Coverages for which a Limit
of Insurance is shown in the Declarations D. Amended Exclusions and Provisions
and Earthquake is indicated as a Covered
Cause of Loss. For the purposes of this endorsement only:
2. To the extent that the Earth Movement 1. The following provisions:
Exclusion of any other form attached to
this Coverage Part might conflict with
a. SECTION A. COVERAGE, 3. Cov-
coverage provided under this endorse- ered Causes of Loss, b. Exclu-
ment, that Earth Movement Exclusion
sions and c. Limitations of the
does not apply.
BUILDING AND PERSONAL
PROPERTY COVERAGE FORM;
B. Additional Covered Causes of Loss - and
Earthquake and Volcanic Eruption b. SECTION E. EXCLUSIONS of the
For the purposes of this endorsement only, MORTGAGE INTEREST COVER-
the following are added as Covered Causes of AGE FORM;
Loss to any other Coverage Form endorsed to apply to coverage provided under this en-
this Coverage Part:
dorsement, except as provided in Section
1. Earthquake, including tremors and after- D.2. and D.3. below.
shocks and any earth sinking, rising or
shifting related to such event.
2. The following exclusions:
a. SECTION A. COVERAGE, 3. Cov-
2. Volcanic Eruption, meaning the eruption,
ered Causes of Loss, b. Exclu-
explosion or effusion of a volcano.
sions, (2)(k) Collapse of the BUILD-
All Earthquake shocks or Volcanic Eruptions ING AND PERSONAL PROPERTY
that occur within any 168-hour period will con- COVERAGE FORM; and
stitute a single Earthquake or Volcanic Erup-
tion. The expiration of this Coverage Part will
b. SECTION E. EXCLUSIONS, 4.a.
Collapse of the MORTGAGE IN-
not reduce the 168-hour period.
TEREST COVERAGE FORM;
C. Additional Covered Causes of Loss - do not apply to collapse caused by Earth-
Earthquake and Volcanic Eruption - Sprin- quake or Volcanic Eruption.
kler Leakage Only
If the Declarations indicate that this endorse- 3. The following provisions:
ment covers Earthquake - Sprinkler Leakage a. SECTION A. COVERAGE, 5. Cov-
Only, then Section B. of this endorsement is erage Extensions, c. Collapse of
deleted and replaced by the following: the BUILDING AND PERSONAL
The following are added as Covered Causes PROPERTY COVERAGE FORM;
and
of Loss to any other Coverage Form endorsed
to this Coverage Part: b. SECTION H. ADDITIONAL COV-
ERAGE - COLLAPSE of the
1. Sprinkler Leakage resulting from Earth-
MORTGAGE INTEREST COVER-
quake.
AGE FORM;
2. Sprinkler Leakage resulting from Volcanic do not apply to the coverage provided
Eruption. Volcanic Eruption means the
under this endorsement. This endorse-
eruption, explosion or effusion of a volca- ment includes coverage for collapse
no. caused by Earthquake or Volcanic Erup-
All Earthquake shocks or Volcanic Eruptions tion.
that occur within any 168-hour period will con-
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 101 of 187
4. Any Ordinance or Law Exclusion in this erage Extensions, b. Business In-
Coverage Part continues to apply with re- come and Extra Expense.
spect to any direct "loss" under this Cov-
erage Part including any direct "loss" un- 2. If the Declarations indicate that this en-
der this endorsement, unless Ordinance dorsement covers Earthquake - Sprinkler
or Law Coverage is added by endorse- Leakage Only, then the Deductible set
ment. forth in Section F.3. of this endorsement
does not apply to such coverage. The ap-
E. Additional Exclusions plicable Deductible for such coverage is
the same Deductible that applies to Fire.
1. Pre-Existing Earthquake
3. The Deductible, if any, in this Coverage
We will not pay for direct "loss" caused by Part is replaced by the following with re-
or resulting from any Earthquake or Vol- spect to Earthquake and Volcanic Erup-
canic Eruption that begins before the in- tion:
ception of this insurance.
a. All Policies
2. Tidal Wave or Tsunami
(1) The Deductible provisions apply
We will not pay for direct "loss" caused di- to each Earthquake or Volcanic
rectly or indirectly by tidal wave or tsuna- Eruption.
mi, even if attributable to an Earthquake
or Volcanic Eruption. (2) Separate Deductibles are calcu-
lated for, and apply to, each
3. Exterior Masonry Veneer building and business personal
We will not pay for direct "loss" to exterior property at each building and
masonry veneer (except stucco) on wood business personal property in
frame walls caused by or resulting from the open. Deductibles are sepa-
the Earthquake or Volcanic Eruption. The rately calculated and applied
value of such veneer will not be included even if:
in the value of Covered Property or the (a) Two or more buildings sus-
amount of "loss" when applying the tain direct "loss";
Property Damage Deductible applicable
to this endorsement. (b) Business personal property
at two or more buildings
This Exclusion E.3. does not apply if: sustains direct "loss"; or
a. The Declarations indicate that the (c) A building and the business
"Including Masonry Veneer" option personal property in that
applies or the "premises" description building sustain direct
in the Declarations specifically states "loss".
"Including Masonry Veneer"; or
(3) We will not pay for direct "loss"
b. Less than 10% of the total outside until the amount of "loss" ex-
wall area is faced with masonry ve- ceeds the applicable Deductible.
neer (excluding stucco). We will then pay the amount of
"loss" in excess of that Deducti-
4. Cost of Restoring Land ble, up to the applicable Limit of
Coverage under this endorsement does Insurance, after any reduction
not include the cost of restoring or reme- required by any of the following:
diating land or the cost of excavations, Coinsurance Condition, Agreed
grading, backfilling or filling. Value Optional Coverage, Addi-
tional Condition - Need for Ade-
F. Earthquake Property Damage Deductible quate Insurance, or Additional
Condition - Need for Full Re-
1. The provisions of Section F.3. of this en- ports.
dorsement are applicable to all Coverage
Forms except: (4) When property is covered under
the Coverage Extension for
a. BUSINESS INCOME (AND EXTRA Newly Purchased, Leased or
EXPENSE) COVERAGE FORM; Constructed Property, in deter-
b. BUSINESS INCOME (WITHOUT mining the amount, if any, that
EXTRA EXPENSE) COVERAGE we will pay for direct "loss", we
FORM; will deduct an amount equal to a
percentage of the value of the
c. EXTRA EXPENSE COVERAGE property at time of "loss". The
FORM; applicable percentage for Newly
Purchased, Leased or Con-
d. BUILDING AND PERSONAL structed Property is the highest
PROPERTY COVERAGE FORM, percentage shown in the Decla-
SECTION A. COVERAGE, 5. Cov- rations for any "premises".
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 102 of 187
(5) If there is direct "loss" caused by equal to a percentage (as shown
Earthquake or Volcanic Erup- in the Declarations, concerning
tion, and direct "loss" caused by the Earthquake - Volcanic Erup-
a Cause of Loss (e.g., fire) that tion Deductible) of the value of
is covered by means of an ex- the property that has sustained
ception to the Earth Movement direct "loss". The value to be
Exclusion, then the only applica- used is that shown in the most
ble Deductible provisions are recent Statement of Values on
those stated in this endorse- file with us.
ment.
(2) Property Subject to Value Re-
b. Calculation of the Deductible - porting Forms
Specific Insurance Other Than
Builders Risk In determining the amount, if
any, that we will pay for property
(1) Property Not Subject to Value that has sustained direct "loss",
Reporting Forms we will deduct an amount equal
to a percentage (as shown in the
In determining the amount, if Declarations, concerning the
any, that we will pay for direct Earthquake - Volcanic Eruption
"loss", we will deduct an amount Deductible) of the value of that
equal to a percentage (as shown property as of the time of direct
in the Declarations, concerning "loss".
the Earthquake - Volcanic Erup-
tion Deductible) of the Limit of G. Examples - Application of Deductible in
Insurance applicable to the F.3.:
property that has sustained di-
rect "loss". Example #1 - Specific Insurance (F.3.b.(1))
(2) Property Subject to Value Re- The amount of direct "loss" to the damaged
porting Forms building is $60,000.
In determining the amount, if The value of the damaged building at time of
any, that we will pay for direct "loss" is $100,000. The Coinsurance percent-
"loss", we will deduct an amount age shown in the Declarations is 80%; the
equal to a percentage (as shown minimum Limit of Insurance needed to meet
in the Declarations, concerning the coinsurance requirement is $80,000 (80%
the Earthquake - Volcanic Erup- of $100,000).
tion Deductible) of the value of The actual Limit of Insurance on the damaged
the property that has sustained building is $70,000.
direct "loss". The value to be
used is the latest value shown in The Deductible is 5%.
the most recent Report of Val-
ues on file with us. Step (1): $70,000 ÷ $80,000 = .875
However: Step (2): $60,000 x .875 = $52,500
(a) If the most recent Report of Step (3): $70,000 x 5% = $3,500
Values shows less than the
full value of the property on Step (4): $52,500 - $3,500 = $49,000
the report dates, we will de- The most we will pay is $49,000. The remain-
termine the deductible der of the "loss", $11,000, is not covered due
amount as a percentage of to the Coinsurance penalty for inadequate in-
the full value as of the re- surance (Steps (1) and (2)) and the applica-
port dates. tion of the Deductible (Steps (3) and (4)).
(b) If the first Report of Values Example #2 - Specific Insurance (F.3.b.(1))
is not filed with us prior to
direct "loss", we will deter- The amounts of direct "loss" to the damaged
mine the deductible amount property are $60,000 (building) and $40,000
as a percentage of the ap- (business personal property in building).
plicable Limit of Insurance.
The value of the damaged building at time of
c. Calculation of the Deductible - "loss" is $100,000. The value of the business
Blanket Insurance Other Than personal property in that building is $80,000.
Builders Risk The Coinsurance percentage shown in the
Declarations is 80%; the minimum Limits of
(1) Property Not Subject to Value Insurance needed to meet the coinsurance
Reporting Forms requirement are $80,000 (80% of $100,000)
In determining the amount, if for the building and $64,000 (80% of $80,000)
any, that we will pay for direct for the business personal property.
"loss", we will deduct an amount
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 103 of 187
The actual Limits of Insurance on the dam- ($250,000), as shown in the most recent
aged property are $80,000 on the building and Statement of Values on file with us, is
$64,000 on the business personal property $1,500,000.
(therefore no Coinsurance penalty).
The Coinsurance percentage shown in the
The Deductible is 10%. Declarations is 90%; the minimum Blanket
Limit of Insurance needed to meet the coin-
Building surance requirement is $1,350,000 (90% of
Step (1): $80,000 x 10% = $8,000 $1,500,000).
Step (2): $60,000 - $8,000 = $52,000 The actual Blanket Limit of Insurance cover-
ing Buildings #1 and #2 and Business Per-
Business Personal Property sonal Property at Buildings #1 and #2, shown
in the Declarations, is $1,350,000. Therefore
Step (1): $64,000 x 10% = $6,400 there is no Coinsurance penalty.
Step (2): $40,000 - $6,400 = $33,600 Building #1 and Business Personal Property at
Building #1 have sustained damage; the
The most we will pay is $85,600. That portion amounts of direct "loss" are $95,000 (Building)
of the total "loss" not covered due to applica- and $5,000 (Business Personal Property).
tion of the Deductible is $14,400.
The Deductible is 10%.
Example #3 - Blanket Insurance (F.3.c.(1))
Building
The sum of the values of Building #1
($500,000), Building #2 ($500,000) and Build- Step (1): $500,000 x 10% = $50,000
ing #3 ($1,000,000), as shown in the most re-
cent Statement of Values on file with us, is Step (2): $95,000 - $50,000 = $45,000
$2,000,000.
Business Personal Property
The Coinsurance percentage shown in the
Declarations is 90%; the minimum Blanket Step (1): $250,000 x 10% = $25,000
Limit of Insurance needed to meet the coin- The "loss", $5,000, does not exceed the de-
surance requirement is $1,800,000 (90% of ductible.
$2,000,000).
The most we will pay is $45,000. The remain-
The actual Blanket Limit of Insurance cover- der of the building "loss", $50,000, is not cov-
ing Buildings #1, #2, and #3, shown in the ered due to application of the Deductible.
Declarations, is $1,800,000 (therefore no Co- There is no "loss" payment for the business
insurance penalty). personal property.
Buildings #1 and #2 have sustained damage; H. Business Income and Extra Expense Peri-
the amounts of direct "loss" to these buildings od of Restoration
are $40,000 (Building #1) and $60,000 (Build-
ing #2). This Section H. is applicable only to the Cov-
erage Forms specified below:
The Deductible is 5%.
1. BUSINESS INCOME (AND EXTRA EX-
Building #1 PENSE) COVERAGE FORM;
Step (1): $500,000 x 5% = $25,000 2. BUSINESS INCOME (WITHOUT EXTRA
Step (2): $40,000 - $25,000 = $15,000 EXPENSE) COVERAGE FORM;
Building #2 3. EXTRA EXPENSE COVERAGE FORM;
and
Step (1): $500,000 x 5% = $25,000
4. BUILDING AND PERSONAL PROPER-
Step (2): $60,000 - $25,000 = $35,000 TY COVERAGE FORM, SECTION A.
COVERAGE, 5. Coverage Extensions,
The most we will pay is $50,000. That portion b. Business Income and Extra Ex-
of the total "loss" not covered due to applica- pense.
tion of the Deductible is $50,000.
The "period of restoration" definition stated in
Example #4 - Blanket Insurance (F.3.c.(1)) the Coverage Form, or in any endorsement
amending the beginning of the "period of res-
The sum of the values of Building #1 toration", applies to each Earthquake or Vol-
($500,000), Building #2 ($500,000), Business canic Eruption. A single Earthquake or Vol-
Personal Property at Building #1 ($250,000) canic Eruption is defined in Sections B. and C.
and Business Personal Property at Building #2 of this endorsement.
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 104 of 187
THE CINCINNATI CASUALTY COMPANY
A Stock Insurance Company
COMMERCIAL GENERAL LIABILITY COVERAGE
PART DECLARATIONS
Attached to and forming part of POLICY NUMBER: ECP 050 41 58
Named Insured is the same as it appears in the Common Policy Declarations
LIMITS OF INSURANCE
EACH OCCURRENCE LIMIT $ 1,000,000
GENERAL AGGREGATE LIMIT $ 2,000,000
PRODUCTS-COMPLETED OPERATIONS AGGREGATE LIMIT $ 2,000,000
PERSONAL & ADVERTISING INJURY LIMIT $ 1,000,000 ANY ONE PERSON OR
ORGANIZATION
DAMAGE TO PREMISES RENTED TO YOU LIMIT ANY ONE
$100,000 limit unless otherwise indicated herein: $ 1,000,000 PREMISES
MEDICAL EXPENSE LIMIT
$5,000 limit unless otherwise indicated herein: $ SEE GCP203MO ANY ONE PERSON
CLASSIFICATION CODE PREMIUM RATE ADVANCE PREMIUM
NO. BASE
A - Area Products / All Other Products / All Other
B - Payroll Completed Completed
C - Gross Sales Operations Operations
D - Units
E - Other
BEAUTY PARLORS AND HAIR Redacted
STYLING SALONS (MO)
BROADENED COVERAGE 20291 2.5% 150 MP
The General Liability Coverage Part is subject to an
annual minimum premium.
TOTAL ANNUAL PREMIUM $ 2,282
FORMS AND / OR ENDORSEMENTS APPLICABLE TO COMMERCIAL GENERAL LIABILITY COVERAGE PART:
GA101 12/04 COMMERCIAL GENERAL LIABILITY COVERAGE FORM
GCP203MO 09/17 CINCIPAK™ COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT -
MISSOURI
CG2625 04/05 MISSOURI CHANGES - GUARANTY ASSOCIATION
CG2650 12/98 MISSOURI CHANGES - MEDICAL PAYMENTS
GA302 10/01 EXCLUSION - SKIN TANNING
GA3024 05/14 EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL
INFORMATION AND DATA-RELATED LIABILITY - WITH LIMITED BODILY
INJURY EXCEPTION
GA4106 09/17 COSMETOLOGISTS AND BARBERS AMENDATORY ENDORSEMENT
GA4150MO 02/02 MISSOURI CHANGES DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE,
CLAIM OR SUIT
GA4287MO 08/08 MISSOURI CHANGES
GCP201 05/11 CINCIPAK™ COMMERCIAL GENERAL LIABILITY AMENDATORY ENDORSEMENT
GAQ532 07 08 ECP 050 41 58 Page 1 of 1
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COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this Coverage Part restrict SUPPLEMENTARY PAYMENTS - COV-
this insurance. Read the entire Coverage Part ERAGES A AND B.
carefully to determine rights, duties and what is
and is not covered. b. This insurance applies to "bodily injury"
and "property damage" only if:
Throughout this Coverage Part the words "you"
and "your" refer to the Named Insured shown in (1) The "bodily injury" or "property dam-
the Declarations, and any other person or organi- age" is caused by an "occurrence"
zation qualifying as a Named Insured under this that takes place in the "coverage ter-
Coverage Part. The words "we", "us" and "our" ritory";
refer to the Company providing this insurance. (2) The "bodily injury" or "property dam-
The word "insured" means any person or organi- age" occurs during the policy period;
zation qualifying as such under SECTION II - WHO and
IS AN INSURED. (3) Prior to the "coverage term" in which
Other words and phrases that appear in quotation "bodily injury" or "property damage"
marks have special meaning. Refer to SECTION occurs, you did not know, per Para-
V - DEFINITIONS. graph 1.d. below, that the "bodily in-
jury" or "property damage" had oc-
SECTION I - COVERAGES curred or had begun to occur, in
whole or in part.
COVERAGE A. BODILY INJURY AND PROP-
ERTY DAMAGE LIABILITY c. "Bodily injury" or "property damage"
which:
1. Insuring Agreement
(1) Occurs during the "coverage term";
a. We will pay those sums that the insured and
becomes legally obligated to pay as
damages because of "bodily injury" or (2) Was not, prior to the "coverage
"property damage" to which this insur- term", known by you, per Paragraph
ance applies. We will have the right and 1.d. below, to have occurred;
duty to defend the insured against any
"suit" seeking those damages. However, includes any continuation, change or re-
we will have no duty to defend the in- sumption of that "bodily injury" or "prop-
sured against any "suit" seeking dam- erty damage" after the end of the "cover-
ages for "bodily injury" or "property dam- age term" in which it first became known
age" to which this insurance does not by you.
apply. We may, at our discretion, investi- d. You will be deemed to know that "bodily
gate any "occurrence" and settle any injury" or "property damage" has oc-
claim or "suit" that may result. But: curred at the earliest time when any
(1) The amount we will pay for damages "authorized representative":
is limited as described in SECTION (1) Reports all, or any part, of the "bodily
III - LIMITS OF INSURANCE; and injury" or "property damage" to us or
(2) Our right and duty to defend ends any other insurer;
when we have used up the applica- (2) Receives a written or verbal demand
ble limit of insurance in the payment or claim for damages because of the
of judgments or settlements under "bodily injury" or "property damage";
SECTION I - COVERAGES, COV-
ERAGE A. BODILY INJURY AND (3) First observes, or reasonably should
PROPERTY DAMAGE LIABILITY; have first observed, the "bodily in-
SECTION I - COVERAGES, COV- jury" or "property damage";
ERAGE B. PERSONAL AND AD-
VERTISING INJURY LIABILITY; or (4) Becomes aware, or reasonably
medical expenses under SECTION I should have become aware, by any
- COVERAGES, COVERAGE C. means other than as described in (3)
MEDICAL PAYMENTS. above, that "bodily injury" or "prop-
erty damage" had occurred or had
No other obligation or liability to pay sums begun to occur; or
or perform acts or services is covered
unless expressly provided for under (5) Becomes aware, or reasonably
should have become aware, of a
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condition from which "bodily injury" (3) Any statute, ordinance or regulation
or "property damage" is substantially relating to the sale, gift, distribution
certain to occur. or use of alcoholic beverages.
e. Damages because of "bodily injury" in- This exclusion applies only if you are in
clude damages claimed by any person or the business of manufacturing, distribut-
organization for care, loss of services or ing, selling, serving or furnishing alcoholic
death resulting at any time from the "bod- beverages.
ily injury".
d. Workers' Compensation and Similar
2. Exclusions Laws
This insurance does not apply to: Any obligation of the insured under a
workers' compensation, disability benefits
a. Expected or Intended Injury or unemployment compensation law or
"Bodily injury" or "property damage" any similar law.
which may reasonably be expected to re- e. Employer's Liability
sult from the intentional or criminal acts of
the insured or which is in fact expected or "Bodily injury" to:
intended by the insured, even if the injury
or damage is of a different degree or type (1) An "employee" of the insured sus-
than actually expected or intended. This tained in the "workplace";
exclusion does not apply to "bodily injury" (2) An "employee" of the insured arising
resulting from the use of reasonable force out of the performance of duties re-
to protect persons or property. lated to the conduct of the insured's
b. Contractual Liability business; or
"Bodily injury" or "property damage" for (3) The spouse, child, parent, brother or
which the insured is obligated to pay sister of that "employee" as a conse-
damages by reason of the assumption of quence of Paragraphs (1) or (2)
liability in a contract or agreement. This above.
exclusion does not apply to liability for This exclusion applies:
damages:
(1) Whether the insured may be liable
(1) That the insured would have in the as an employer or in any other ca-
absence of the contract or agree- pacity; and
ment; or
(2) To any obligation to share damages
(2) Assumed in a contract or agreement with or repay someone else who
that is an "insured contract", pro- must pay damages because of the
vided the "bodily injury" or "property injury.
damage" occurs subsequent to the
execution of the contract or agree- This exclusion does not apply to liability
ment. When a claim for such "bodily assumed by the insured under an "in-
injury" or "property damage" is sured contract".
made, we will defend that claim pro-
vided the insured has assumed the f. Pollutant
obligation to defend such claim in the (1) "Bodily injury" or "property damage"
"insured contract". Such defense arising out of the actual, alleged or
payments will not reduce the limits of threatened discharge, dispersal,
insurance. seepage, migration, release, escape
c. Liquor Liability or emission of "pollutants":
"Bodily injury" or "property damage" for (a) At or from any premises, site or
which any insured may be held liable by location which is or was at any
reason of: time owned or occupied by, or
rented or loaned to, any insured.
(1) Causing or contributing to the intoxi- However, Paragraph (a) does
cation of any person; not apply to:
(2) The furnishing of alcoholic bever- 1) "Bodily injury" to any person
ages to a person under the legal injured while on any prem-
drinking age or under the influence ises, site or location owned
of alcohol; or or occupied by, or rented or
loaned to, you provided:
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a) The injury is caused by airborne irritants or con-
the inadequate ventila- taminants used in a manu-
tion of vapors; facturing process or which
is the product or by-product
b) The person injured is of any manufacturing proc-
first exposed to such ess;
vapors during the pol-
icy period; and 2) "Bodily injury" or "property
damage" for which you may
c) Within 30 days of such be held liable, if you are a
first exposure, the per- contractor, and the owner
son injured is clinically or lessee of such premises,
diagnosed or treated site or location has been
by a physician for the added to this Coverage Part
medical condition as an additional insured
caused by the expo- with respect to your ongo-
sure to such vapors. ing operations or "your
However, Paragraph c) work" performed for that
does not apply if the additional insured at that
"bodily injury" is caused premises, site or location
by vapors produced by and such premises, site or
or originating from location is not and never
equipment that is used was owned or occupied by,
to heat, cool or dehu- or rented or loaned to, any
midify the building, or insured, other than that ad-
equipment that is used ditional insured; or
to heat water for per-
sonal use, by the 3) "Bodily injury" or "property
building's occupants or damage" arising out of heat,
their guests. smoke or fumes from a
"hostile fire";
This exception 1) shall ap-
ply only to Named Insureds; (b) At or from any premises, site or
we shall have no duty to location which is or was at any
defend or pay damages for time used by or for any insured
any person or organization or others for the handling, stor-
that is not a Named In- age, disposal, processing or
sured. However, this para- treatment of waste;
graph does not apply if the
"bodily injury" is caused by (c) Which are or were at any time
vapors produced by or transported, handled, stored,
originating from equipment treated, disposed of, or proc-
that is used to heat, cool or essed as waste by or for:
dehumidify the building, or 1) Any insured; or
equipment that is used to
heat water for personal use, 2) Any person or organization
by the building's occupants for whom you may be le-
or their guests. gally responsible;
For the purpose of the ex- (d) At or from any premises, site or
ception granted in Para- location on which any insured or
graph 1) only, vapors any contractors or subcontrac-
means any gaseous or air- tors working directly or indirectly
borne irritant or airborne on any insured's behalf are
contaminant, including performing operations if the
smoke, fumes, vapor or "pollutants" are brought on or to
soot, but excluding asbes- the premises, site or location in
tos, which is discharged, connection with such operations
dispersed, emitted, re- by such insured, contractor or
leased or escapes from subcontractor. However, Para-
materials, machinery or graph (d) does not apply to:
equipment used in the
service or maintenance of 1) "Bodily injury" or "property
the premises. Vapors does damage" arising out of the
not mean any gaseous or discharge, dispersal, seep-
age, migration, release, es-
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cape or emission of fuels, erations are to test for, monitor,
lubricants or other operating clean up, remove, contain, treat,
fluids, or exhaust gases, detoxify or neutralize, or in any
which are needed to per- way respond to, or assess the
form, or are the result of, effects of, "pollutants".
the normal electrical, hy-
draulic or mechanical func- (2) Any loss, cost or expense arising out
tions necessary for the op- of any:
eration of "mobile equip- (a) Request, demand, order or
ment" or its parts, if such statutory or regulatory require-
fuels, lubricants or other ment that any insured or others
operating fluids, or exhaust test for, monitor, clean up, re-
gases, escape, seep or mi- move, contain, treat, detoxify or
grate, or are discharged, neutralize, or in any way re-
dispersed, released or spond to, or assess the effects
emitted from a vehicle part of, "pollutants"; or
designed to hold, store or
receive them. This excep- (b) Claim or suit by or on behalf of a
tion does not apply if the fu- governmental authority for dam-
els, lubricants or other op- ages because of testing for,
erating fluids, or exhaust monitoring, cleaning up, remov-
gases, escape, seep or mi- ing, containing, treating, detoxi-
grate, or are discharged, fying or neutralizing, or in any
dispersed, released or way responding to, or assessing
emitted with the intent to the effects of, "pollutants".
cause "bodily injury" or
"property damage" or with However, Paragraphs (2)(a) and (b)
the knowledge that "bodily do not apply to liability for damages
injury" or "property damage" because of "property damage" that
is substantially certain to the insured would have in the ab-
occur, or if such fuels, lubri- sence of such request, demand, or-
cants or other operating der or statutory or regulatory re-
fluids, or exhaust gases, quirement, or such claim or "suit" by
are brought on or to the or on behalf of a governmental
premises, site or location authority.
with such intent to escape, g. Aircraft, Auto or Watercraft
seep or migrate, or be dis-
charged, dispersed, re- "Bodily injury" or "property damage" aris-
leased or emitted as part of ing out of the ownership, maintenance,
the operations being per- use or entrustment to others of any air-
formed by such insured, craft, "auto" or watercraft owned or oper-
contractor or subcontractor; ated by or rented or loaned to any in-
sured. Use includes operation and
2) "Bodily injury" or "property "loading or unloading".
damage" sustained within a
building and caused by the This exclusion applies even if the claims
release of gases, fumes or against any insured allege negligence or
vapors from materials other wrongdoing in the supervision, hir-
brought into that building in ing, employment, training or monitoring of
connection with operations others by that insured, if the "occurrence"
being performed by you or which caused the "bodily injury" or "prop-
on your behalf by a con- erty damage" involved the ownership,
tractor or subcontractor; or maintenance, use or entrustment to oth-
ers of any aircraft, "auto" or watercraft
3) "Bodily injury" or "property that is owned or operated by or rented or
damage" arising out of heat, loaned to any insured.
smoke or fumes from a
"hostile fire"; or This exclusion does not apply to:
(e) At or from any premises, site or (1) A watercraft while ashore on prem-
location on which any insured or ises you own or rent;
any contractors or subcontrac-
tors working directly or indirectly (2) A watercraft you do not own that is:
on any insured's behalf are (a) Less than 51 feet long; and
performing operations if the op-
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(b) Not being used to carry persons governmental authority in hindering
or property for a charge; or defending against any of these.
(3) Parking an "auto" on, or on the ways j. Damage to Property
next to, premises you own or rent,
provided the "auto" is not owned by "Property damage" to:
or rented or loaned to you or the in- (1) Property you own, rent or occupy,
sured; including any costs or expenses in-
(4) Liability assumed under any "insured curred by you, or any other person,
contract" for the ownership, mainte- organization or entity, for repair, re-
nance or use of aircraft or watercraft; placement, enhancement, restora-
or tion or maintenance of such property
for any reason, including prevention
(5) "Bodily injury" or "property damage" of injury to a person or damage to
arising out of: another's property;
(a) The operation of machinery or (2) Premises you sell, give away or
equipment that is on, attached abandon, if the "property damage"
to, or part of, a land vehicle that arises out of any part of those prem-
would qualify under the defini- ises;
tion of "mobile equipment" if it
were not subject to a compul- (3) Property loaned to you;
sory or financial responsibility (4) Personal property in the care, cus-
law or other motor vehicle insur- tody or control of an insured;
ance law in the state where it is
licensed or principally garaged; (5) That particular part of real property
or on which you or any contractors or
subcontractors working directly or
(b) The operation of any of the ma- indirectly on your behalf are per-
chinery or equipment listed in forming operations, if the "property
Paragraph f.(2) or f.(3) of the damage" arises out of those opera-
definition of "mobile equipment". tions; or
h. Mobile Equipment (6) That particular part of any property
"Bodily injury" or "property damage" aris- that must be restored, repaired or
ing out of: replaced because "your work" was
incorrectly performed on it.
(1) The transportation of "mobile equip-
ment" by an "auto" owned or oper- Paragraphs (1), (3) and (4) of this exclu-
ated by or rented or loaned to any sion do not apply to "property damage"
insured; or (other than damage by fire or explosion)
to premises, including the contents of
(2) The use of "mobile equipment" in, or such premises, rented to you for a period
while in practice for, or while being of 7 or fewer consecutive days, for which
prepared for, any prearranged rac- the amount we will pay is limited to the
ing, speed, demolition, or stunting Damage To Premises Rented To You
activity. Limit as described in SECTION III - LIM-
ITS OF INSURANCE.
i. War
Paragraph (2) of this exclusion does not
"Bodily injury" or "property damage", apply if the premises are "your work" and
however caused, arising, directly or indi- were never occupied, rented or held for
rectly, out of: rental by you.
(1) War, including undeclared or civil Paragraphs (3), (4), (5) and (6) of this ex-
war; clusion do not apply to liability assumed
(2) Warlike action by a military force, in- under a sidetrack agreement.
cluding action in hindering or de- Paragraph (6) of this exclusion does not
fending against an actual or ex- apply to "property damage" included in
pected attack, by any government, the "products-completed operations haz-
sovereign or other authority using ard".
military personnel or other agents; or
k. Damage to Your Product
(3) Insurrection, rebellion, revolution,
usurped power, or action taken by "Property damage" to "your product"
arising out of it or any part of it.
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l. Damage to Your Work q. Employment-Related Practices
"Property damage" to "your work" arising "Bodily injury" to:
out of it or any part of it and included in
the "products-completed operations haz- (1) A person arising out of any:
ard". (a) Refusal to employ that person;
This exclusion does not apply if the dam- (b) Termination of that person's
aged work or the work out of which the employment; or
damage arises was performed on your
behalf by a subcontractor. (c) Other employment-related prac-
tices, policies, acts or omissions
m. Damage to Impaired Property or Prop- including but not limited to coer-
erty Not Physically Injured cion, criticism, demotion,
"Property damage" to "impaired property" evaluation, failure to promote,
or property that has not been physically reassignment, discipline, defa-
injured, arising out of: mation, harassment, humiliation
or discrimination directed at that
(1) A defect, deficiency, inadequacy or person; or
dangerous condition in "your prod-
uct" or "your work"; or (2) The spouse, child, parent, brother or
sister of that person as a conse-
(2) A delay or failure by you or anyone quence of "bodily injury" to that per-
acting on your behalf to perform a son at whom any of the employment-
contract or agreement in accordance related practices described in Para-
with its terms. graphs (a), (b) or (c) above is di-
rected.
This exclusion does not apply to the loss
of use of other property arising out of This exclusion applies:
sudden and accidental physical injury to
"your product" or "your work" after it has (1) Whether the insured may be liable
been put to its intended use. as an employer or in any other ca-
pacity; and
n. Recall of Products, Work or Impaired
Property (2) To any obligation to share damages
with or repay someone else who
Any liability or damages claimed for any must pay damages because of the
loss, cost or expense incurred by you or injury.
others for the loss of use, withdrawal, re-
call, inspection, repair, replacement, ad- r. Additional Insured Prior Knowledge
justment, removal or disposal of: An additional insured added by attach-
(1) "Your product"; ment of an endorsement to this Coverage
Part that is seeking coverage for a claim
(2) "Your work"; or or "suit", if that additional insured knew,
per the following paragraph, that "bodily
(3) "Impaired property"; injury" or "property damage" had oc-
if such product, work or property is with- curred or had begun to occur, in whole or
drawn or recalled from the market or from in part, prior to the "coverage term" in
use by any person or organization be- which such "bodily injury" or "property
cause of a known or suspected defect, damage" occurs or begins to occur.
deficiency, inadequacy or dangerous An additional insured added by attach-
condition in it. ment of an endorsement to this Coverage
o. Personal and Advertising Injury Part will be deemed to have known that
"bodily injury" or "property damage" has
"Bodily injury" arising out of "personal and occurred or has begun to occur at the
advertising injury". earliest time when that additional insured,
or any one of its owners, members, part-
p. Asbestos ners, managers, executive officers, "em-
"Bodily injury" or "property damage" aris- ployees" assigned to manage that addi-
ing out of, attributable to, or any way re- tional insured's insurance program, or
lated to asbestos in any form or trans- "employees" assigned to give or receive
mitted in any manner. notice of an "occurrence", "personal and
advertising injury" offense, claim or "suit":
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(1) Reports all, or any part, of the "bodily a. We will pay those sums that the insured
injury" or "property damage" to us or becomes legally obligated to pay as
any other insurer; damages because of "personal and ad-
vertising injury" to which this insurance
(2) Receives a written or verbal demand applies. We will have the right and duty
or claim for damages because of the to defend the insured against any "suit"
"bodily injury" or "property damage"; seeking those damages. However, we
(3) First observes, or reasonably should will have no duty to defend the insured
have first observed, the "bodily in- against any "suit" seeking damages for
jury" or "property damage"; "personal and advertising injury" to which
this insurance does not apply. We may,
(4) Becomes aware, or reasonably at our discretion, investigate any offense
should have become aware, by any and settle any claim or "suit" that may re-
means other than as described in (3) sult. But:
above, that "bodily injury" or "prop-
erty damage" had occurred or had (1) The amount we will pay for damages
begun to occur; or is limited as described in SECTION
III - LIMITS OF INSURANCE; and
(5) Becomes aware, or reasonably
should have become aware, of a (2) Our right and duty to defend ends
condition from which "bodily injury" when we have used up the applica-
or "property damage" is substantially ble limit of insurance in the payment
certain to occur. of judgments or settlements under
SECTION I - COVERAGES, COV-
s. Electronic Data ERAGE A. BODILY INJURY AND
PROPERTY DAMAGE LIABILITY;
Damages arising out of the loss of, loss SECTION I - COVERAGES, COV-
of use of, damage to, corruption of, in- ERAGE B. PERSONAL AND AD-
ability to access, or inability to manipulate VERTISING INJURY LIABILITY; or
"electronic data". medical expenses under SECTION I
t. Distribution of Material in Violation of - COVERAGES, COVERAGE C.
Statutes MEDICAL PAYMENTS.
"Bodily injury" or "property damage" aris- No other obligation or liability to pay sums
ing directly or indirectly out of any action or perform acts or services is covered
or omission that violates or is alleged to unless expressly provided for under
violate: SUPPLEMENTARY PAYMENTS - COV-
ERAGES A AND B.
a. The Telephone Consumer Protection
Act (TCPA), including any amend- b. This insurance applies to "personal and
ment of or addition to such law; or advertising injury" only if:
b. The CAN-SPAM Act of 2003, includ- (1) The "personal and advertising injury"
ing any amendment of or addition to is caused by an offense arising out
such law; or of your business; and
c. Any statute, ordinance or regulation, (2) The "personal and advertising injury"
other than the TCPA or CAN-SPAM offense was committed in the "cov-
Act of 2003, that prohibits or limits the erage territory" during the policy pe-
sending, transmitting, communicating riod; and
or distribution of material or informa- (3) Prior to the "coverage term" in which
tion. the "personal and advertising injury"
Exclusions c. through q. do not apply to offense is committed, you did not
"property damage" by fire or explosion to know, per Paragraph 1.d. below, that
premises while rented to you or temporarily the offense had been committed or
occupied by you with permission of the owner, had begun to be committed, in whole
for which the amount we will pay is limited to or in part.
the Damage to Premises Rented To You Limit c. "Personal and advertising injury" caused
as described in SECTION III - LIMITS OF IN- by an offense which:
SURANCE.
(1) Was committed during the "coverage
COVERAGE B. PERSONAL AND ADVERTISING term"; and
INJURY LIABILITY
1. Insuring Agreement
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(2) Was not, prior to the "coverage (1) The inception of this Coverage Part;
term", known by you, per Paragraph or
1.d. below, to have been committed;
(2) The "coverage term" in which insur-
includes any continuation, change or re- ance coverage is sought.
sumption of that offense after the end of
the "coverage term" in which it first be- d. Criminal Acts
came known by you. "Personal and advertising injury" arising
d. You will be deemed to know that a "per- out of a criminal act committed by or at
sonal and advertising injury" offense has the direction of the insured.
been committed at the earliest time when e. Contractual Liability
any "authorized representative":
"Personal and advertising injury" for
(1) Reports all, or any part, of the "per- which the insured is obligated to pay
sonal and advertising injury" to us or damages by reason of the assumption of
any other insurer; liability in a contract or agreement. This
(2) Receives a written or verbal demand exclusion does not apply to liability for
or claim for damages because of the damages:
"personal and advertising injury"; (1) That the insured would have in the
(3) First observes, or reasonably should absence of the contract or agree-
have first observed, the offense that ment; or
caused the "personal and advertis- (2) Assumed in a contract or agreement
ing injury"; that is an "insured contract", pro-
(4) Becomes aware, or reasonably vided the "personal and advertising
should have become aware, by any injury" is caused by or arises out of
means, other than as described in an offense committed subsequent to
(3) above, that the offense had been the execution of the contract or
committed or had begun to be com- agreement. When a claim for such
mitted; or "personal and advertising injury" is
made, we will defend that claim, pro-
(5) Becomes aware, or reasonably vided the insured has assumed the
should have become aware, of a obligation to defend such claim in the
condition from which "personal and "insured contract". Such defense
advertising injury" is substantially payments will not reduce the limits of
certain to occur. insurance.
2. Exclusions f. Breach of Contract
This insurance does not apply to: "Personal and advertising injury" arising
out of a breach of contract, except an im-
a. Knowing Violation of Rights of Another plied contract to use another's advertising
"Personal and advertising injury" caused idea in your "advertisement".
by or at the direction of the insured with g. Quality or Performance of Goods -
the knowledge that the act would violate Failure to Conform to Statements
the rights of another and would inflict
"personal and advertising injury". "Personal and advertising injury" arising
out of the failure of goods, products or
b. Material Published With Knowledge of services to conform with any statement of
Falsity quality or performance made in your "ad-
"Personal and advertising injury" arising vertisement".
out of oral or written publication of mate- h. Wrong Description of Prices
rial, if done by or at the direction of the in-
sured with knowledge of its falsity. "Personal and advertising injury" arising
out of the wrong description of the price
c. Material Published Prior to Coverage of goods, products or services stated in
Term your "advertisement".
"Personal and advertising injury" arising i. Infringement of Copyright, Patent,
out of oral or written publication of mate- Trademark or Trade Secret
rial whose first publication took place be-
fore the later of the following: "Personal and advertising injury" arising
out of the infringement of copyright, pat-
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ent, trademark, trade secret or other in- or discrimination directed at that
tellectual property rights. person; or
However, this exclusion does not apply to (2) The spouse, child, parent, brother or
infringement, in your "advertisement", of sister of that person as a conse-
copyright, trade dress or slogan. quence of "personal and advertising
injury" to that person at whom any of
j. Insureds in Media and Internet Type the employment-related practices
Businesses described in Paragraphs (a), (b) or
"Personal and advertising injury" com- (c) above is directed.
mitted by an insured whose business is: This exclusion applies:
(1) Advertising, broadcasting, publishing (1) Whether the insured may be liable
or telecasting; as an employer or in any other ca-
(2) Designing or determining content of pacity; and
web-sites for others; or (2) To any obligation to share damages
(3) An Internet search, access, content with or repay someone else who
or service provider. must pay damages because of the
injury.
However, this exclusion does not apply to
Paragraphs 17. a., b. and c. of "personal n. Pollutant
and advertising injury" under SECTION V "Personal and advertising injury" arising
- DEFINITIONS. out of the actual, alleged or threatened
For the purposes of this exclusion, the discharge, dispersal, seepage, migration,
placing of frames, borders or links, or ad- release, escape or emission of "pollut-
vertising, for you or others anywhere on ants" at any time.
the Internet is not, by itself, considered o. Pollutant-Related
the business of advertising, broadcasting,
publishing or telecasting. Any loss, cost or expense arising out of
any:
k. Electronic Chatrooms or Bulletin
Boards (1) Request, demand, order or statutory
or regulatory requirement that any
"Personal and advertising injury" arising insured or others test for, monitor,
out of an electronic chatroom or bulletin clean up, remove, contain, treat,
board any insured hosts, owns, or over detoxify or neutralize, or in any way
which any insured exercises control. respond to, or assess the effects of,
l. Unauthorized Use of Another's Name "pollutants"; or
or Product (2) Claim or suit by or on behalf of a
"Personal and advertising injury" arising governmental authority for damages
out of the unauthorized use of another's because of testing for, monitoring,
name or product in your e-mail address, cleaning up, removing, containing,
domain name or metatag, or any other treating, detoxifying or neutralizing,
similar tactics to mislead another's poten- or in any way responding to, or as-
tial customers. sessing the effects of, "pollutants".
m. Employment Related Practices p. Asbestos
"Personal and advertising injury" to: "Personal and advertising injury" arising
out of, attributable to, or any way related
(1) A person arising out of any: to asbestos in any form or transmitted in
any manner.
(a) Refusal to employ that person;
q. Additional Insured Prior Knowledge
(b) Termination of that person's
employment; or An additional insured added by attach-
ment of an endorsement to this Coverage
(c) Other employment-related prac- Part that is seeking coverage for a claim
tices, policies, acts or omissions or "suit", if that additional insured knew,
including but not limited to coer- per the following paragraph, that a "per-
cion, criticism, demotion, sonal and advertising injury" offense had
evaluation, failure to promote, been committed or had begun to be
reassignment, discipline, defa- committed, in whole or in part, prior to the
mation, harassment, humiliation "coverage term" in which such offense
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was committed or began to be commit- "Personal and advertising injury" arising
ted. directly or indirectly out of any action or
omission that violates or is alleged to
An additional insured added by attach- violate:
ment of an endorsement to this Coverage
Part will be deemed to have known that a a. The Telephone Consumer Protection
"personal and advertising injury" offense Act (TCPA), including any amend-
has been committed or has begun to be ment of or addition to such law; or
committed at the earliest time when that
additional insured, or any one of its own- b. The CAN-SPAM Act of 2003, includ-
ers, members, partners, managers, ex- ing any amendment of or addition to
ecutive officers, "employees" assigned to such law; or
manage that additional insured's insur- c. Any statute, ordinance or regulation,
ance program, or "employees" assigned other than the TCPA or CAN-SPAM
to give or receive notice of an "occur- Act of 2003, that prohibits or limits the
rence", "personal and advertising injury" sending, transmitting, communicating
offense, claim or "suit": or distribution of material or informa-
(1) Reports all, or any part, of the "per- tion.
sonal and advertising injury" to us or COVERAGE C. MEDICAL PAYMENTS
any other insurer;
1. Insuring Agreement
(2) Receives a written or verbal demand
or claim for damages because of the a. We will pay medical expenses as de-
"personal and advertising injury"; scribed below for "bodily injury" caused
by an accident:
(3) First observes, or reasonably should
have first observed, the offense that (1) On premises you own or rent;
caused the "personal and advertis-
ing injury"; (2) On ways next to premises you own
or rent; or
(4) Becomes aware, or reasonably
should have become aware, by any (3) Because of your operations;
means other than as described in (3) provided that:
above, that the "personal and adver-
tising injury" offense had been com- (1) The accident takes place in the
mitted or had begun to be commit- "coverage territory" and during the
ted; or policy period;
(5) Becomes aware, or reasonably (2) The expenses are incurred and re-
should have become aware, of a ported to us within three years of the
condition from which "personal and date of the accident; and
advertising injury" is substantially
certain to occur. (3) The injured person submits to ex-
amination, at our expense, by physi-
r. War cians of our choice as often as we
reasonably require.
"Personal and advertising injury", how-
ever caused, arising, directly or indirectly, b. We will make these payments regardless
out of: of fault. These payments will not exceed
the applicable limit of insurance. We will
(1) War, including undeclared or civil pay reasonable expenses for:
war;
(1) First aid administered at the time of
(2) Warlike action by a military force, in- an accident;
cluding action in hindering or de-
fending against an actual or ex- (2) Necessary medical, surgical, x-ray
pected attack, by any government, and dental services, including pros-
sovereign or other authority using thetic devices; and
military personnel or other agents; or
(3) Necessary ambulance, hospital,
(3) Insurrection, rebellion, revolution, professional nursing and funeral
usurped power, or action taken by services.
governmental authority in hindering
or defending against any of these. 2. Exclusions
s. Distribution of Material in Violation of We will not pay expenses for "bodily injury":
Statutes
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a. Any Insured cluding actual loss of earnings up to $250 a
day because of time off from work.
To any insured, except "volunteer work-
ers". 5. All costs taxed against the insured in the
"suit".
b. Hired Person
6. Prejudgment interest awarded against the
To a person hired to do work for or on insured on that part of the judgment we be-
behalf of any insured or a tenant of any come obligated to pay and which falls within
insured. the applicable limit of insurance. If we make
c. Injury on Normally Occupied Premises an offer to pay the applicable limit of insur-
ance, we will not pay any prejudgment interest
To a person injured on that part of prem- based on that period of time after the offer.
ises you own or rent that the person nor-
mally occupies. 7. All interest on the full amount of any judgment
that accrues after entry of the judgment and
d. Workers' Compensation and Similar before we have paid, offered to pay, or de-
Laws posited in court the part of the judgment that
is within the applicable limit of insurance.
To a person, whether or not an "em-
ployee" of any insured, if benefits for the These payments will not reduce the limits of insur-
"bodily injury" are payable or must be ance.
provided under a workers' compensation
or disability benefits law or a similar law. SECTION II - WHO IS AN INSURED
e. Athletic Activities 1. If you are designated in the Declarations as:
To any person injured while officiating, a. An individual, you and your spouse are
coaching, practicing for, instructing or insureds, but only with respect to the
participating in any physical exercises or conduct of a business of which you are
games, sports, or athletic contests or ex- the sole owner.
hibitions of an athletic or sports nature. b. A partnership or joint venture, you are an
f. Products-Completed Operations Haz- insured. Your members, your partners,
ard and their spouses are also insureds, but
only with respect to the conduct of your
Included within the "products-completed business.
operations hazard".
c. A limited liability company, you are an in-
g. Coverage A Exclusions sured. Your members are also insureds,
but only with respect to the conduct of
Excluded under COVERAGE A. BODILY your business. Your managers are in-
INJURY AND PROPERTY DAMAGE LI- sureds, but only with respect to their du-
ABILITY. ties as your managers.
SUPPLEMENTARY PAYMENTS - COVERAGES d. An organization other than a partnership,
A AND B joint venture or limited liability company,
We will pay, with respect to any claim we investi- you are an insured. Your "executive offi-
gate or settle, or any "suit" against an insured we cers" and directors are insureds, but only
defend: with respect to their duties as your offi-
cers or directors. Your stockholders are
1. All expenses we incur. also insureds, but only with respect to
their liability as stockholders.
2. Up to $250 for cost of bail bonds required be-
cause of accidents or traffic law violations e. A trust, you are an insured. Your trustees
arising out of the use of any vehicle to which are also insureds, but only with respect to
the Bodily Injury Liability Coverage applies. their duties as trustees.
We do not have to furnish these bonds.
2. Each of the following is also an insured:
3. The cost of bonds to release attachments, but
only for bond amounts within the applicable a. Your "volunteer workers" only while per-
limit of insurance. We do not have to furnish forming duties related to the conduct of
these bonds. your business, or your "employees",
other than either your "executive officers"
4. All reasonable expenses incurred by the in- (if you are an organization other than a
sured at our request to assist us in the inves- partnership, joint venture or limited liability
tigation or defense of the claim or "suit", in- company) or your managers (if you are a
limited liability company), but only for acts
within the scope of their employment by
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you or while performing duties related to d. Your legal representative if you die, but
the conduct of your business. However, only with respect to duties as such. That
none of these "employees" or "volunteer representative will have all your rights
workers" are insureds for: and duties under this Coverage Part.
(1) "Bodily injury" or "personal and ad- 3. Any organization you newly acquire or form,
vertising injury": other than a partnership, joint venture or lim-
ited liability company, and over which you
(a) To you, to your partners or maintain ownership or majority interest, will
members (if you are a partner- qualify as a Named Insured if there is no other
ship or joint venture), to your similar insurance available to that organiza-
members (if you are a limited li- tion. However:
ability company), to a co-
"employee" while in the course a. Insurance under this provision is afforded
of his or her employment or only until the 90th day after you acquire
performing duties related to the or form the organization or the end of the
conduct of your business, or to policy period, whichever is earlier;
your other "volunteer workers"
while performing duties related b. COVERAGE A. BODILY INJURY AND
to the conduct of your business; PROPERTY DAMAGE LIABILITY does
not apply to "bodily injury" or "property
(b) To the spouse, child, parent, damage" that occurred before you ac-
brother or sister of that co- quired or formed the organization; and
"employee" or "volunteer
worker" as a consequence of c. COVERAGE B. PERSONAL AND AD-
Paragraph (1)(a) above; VERTISING INJURY LIABILITY does not
apply to "personal and advertising injury"
(c) For which there is any obligation arising out of an offense committed be-
to share damages with or repay fore you acquired or formed the organi-
someone else who must pay zation.
damages because of the injury
described in Paragraphs (1)(a) No person or organization is an insured with re-
or (b) above; or spect to the conduct of any current or past part-
nership, joint venture or limited liability company
(d) Arising out of his or her provid- that is not shown as a Named Insured in the Dec-
ing or failing to provide profes- larations.
sional health care services.
SECTION III - LIMITS OF INSURANCE
(2) "Property damage" to property:
1. The Limits of Insurance shown in the Declara-
(a) Owned, occupied or used by; or tions and the rules below fix the most we will
pay regardless of the number of:
(b) Rented to, in the care, custody
or control of, or over which a. Insureds;
physical control is being exer-
cised for any purpose by, b. Claims made or "suits" brought; or
you, any of your "employees", "vol- c. Persons or organizations making claims
unteer workers", any partner or or bringing "suits".
member (if you are a partnership or 2. a. The General Aggregate Limit is the most
joint venture), or any member (if you we will pay for the sum of:
are a limited liability company).
(1) Medical expenses under COVER-
b. Any person (other than your "employee" AGE C. MEDICAL PAYMENTS;
or "volunteer worker"), or any organiza-
tion while acting as your real estate man- (2) Damages under COVERAGE A.
ager. BODILY INJURY AND PROPERTY
DAMAGE LIABILITY, except dam-
c. Any person or organization having proper ages because of "bodily injury" or
temporary custody of your property if you "property damage" included in the
die, but only: "products-completed operations
(1) With respect to liability arising out of hazard"; and
the maintenance or use of that prop- (3) Damages under COVERAGE B.
erty; and PERSONAL AND ADVERTISING
(2) Until your legal representative has INJURY LIABILITY.
been appointed. This General Aggregate Limit will not ap-
ply if either the Location General Aggre-
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gate Limit of Insurance, Paragraph 2.b., your behalf at the same location for
or the Construction Project General Ag- the same persons or organizations,
gregate Limit of Insurance, Paragraph no matter how often or under how
2.c. applies. many different contracts, will be
deemed to be a single construction
b. A separate Location General Aggregate project.
Limit of Insurance, equal to the amount of
the General Aggregate Limit shown in the 3. The Products-Completed Operations Aggre-
Declarations, shall apply to each location gate Limit is the most we will pay under COV-
owned by, or rented or leased to you and ERAGE A. BODILY INJURY AND PROP-
is the most we will pay for the sum of: ERTY DAMAGE LIABILITY for damages be-
cause of "bodily injury" and "property dam-
(1) Damages under COVERAGE A. age" included in the "products-completed op-
BODILY INJURY AND PROPERTY erations hazard".
DAMAGE LIABILITY, except dam-
ages because of "bodily injury" or 4. Subject to 2.a. above, the Personal and Ad-
"property damage" included in the vertising Injury Limit is the most we will pay
"products-completed operations under COVERAGE B. PERSONAL AND AD-
hazard"; and VERTISING INJURY LIABILITY for the sum of
all damages because of all "personal and ad-
(2) Medical expenses under COVER- vertising injury" sustained by any one person
AGE C. MEDICAL PAYMENTS, or organization.
which can be attributed to operations at 5. Subject to 2. or 3. above, whichever applies,
only a single location owned by, or rented the Each Occurrence Limit is the most we will
or leased to you. pay for the sum of:
c. A separate Construction Project General a. Damages under COVERAGE A. BODILY
Aggregate Limit of Insurance, equal to INJURY AND PROPERTY DAMAGE LI-
the amount of the General Aggregate ABILITY; and
Limit shown in the Declarations, shall ap-
ply to each construction project and is the b. Medical expenses under COVERAGE C.
most we will pay for the sum of: MEDICAL PAYMENTS;
(1) Damages under COVERAGE A. because of all "bodily injury" and "property
BODILY INJURY AND PROPERTY damage" arising out of any one "occurrence".
DAMAGE LIABILITY, except dam-
ages because of "bodily injury" or 6. Subject to 5. above, the Damage to Premises
"property damage" included in the Rented to You Limit is the most we will pay
"products-completed operations under COVERAGE A. BODILY INJURY AND
hazard"; and PROPERTY DAMAGE LIABILITY for dam-
ages because of "property damage" to any
(2) Medical expenses under COVER- one premises, while rented to you, or in the
AGE C. MEDICAL PAYMENTS; case of damage by fire or explosion, while
rented to you or temporarily occupied by you
which can be attributed only to ongoing with permission of the owner.
operations and only at a single construc-
tion project. 7. Subject to 5. above, the Medical Expense
Limit is the most we will pay under COVER-
d. Only for the purpose of determining which AGE C. MEDICAL PAYMENTS for all medical
General Aggregate Limit of Insurance, expenses because of "bodily injury" sustained
2.a., 2.b., or 2.c., applies: by any one person.
(1) Location means premises involving The Limits of Insurance of this Coverage Part ap-
the same or connecting lots, or ply separately to each "coverage term".
premises, whose connection is inter-
rupted only by a street, roadway, SECTION IV - COMMERCIAL GENERAL LI-
waterway or right-of-way of a rail- ABILITY CONDITIONS
road.
1. Bankruptcy
(2) Construction project means a loca-
tion you do not own, rent or lease Bankruptcy or insolvency of the insured or of
where ongoing improvements, al- the insured's estate will not relieve us of our
terations, installation, demolition or obligations under this Coverage Part.
maintenance work is performed by 2. Duties in the Event of Occurrence, Offense,
you or on your behalf. All connected Claim or Suit
ongoing improvements, alterations,
installation, demolition or mainte- a. You must see to it that we are notified as
nance work performed by you or on soon as practicable of an "occurrence" or
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a "personal and advertising injury" of- under the terms of this Coverage Part or that
fense which may result in a claim. To the are in excess of the applicable limit of insur-
extent possible, notice should include: ance. An agreed settlement means a settle-
ment and release of liability signed by us, the
(1) How, when and where the "occur- insured and the claimant or the claimant's le-
rence" or offense took place; gal representative.
(2) The names and addresses of any 4. Liberalization
injured persons and witnesses; and
If, within 60 days prior to the beginning of this
(3) The nature and location of any injury Coverage Part or during the policy period, we
or damage arising out of the "occur- make any changes to any forms or endorse-
rence" or offense. ments of this Coverage Part for which there is
b. If a claim is made or "suit" is brought currently no separate premium charge, and
against any insured, you must: that change provides more coverage than this
Coverage Part, the change will automatically
(1) Immediately record the specifics of apply to this Coverage Part as of the latter of:
the claim or "suit" and the date re-
ceived; and a. The date we implemented the change in
your state; or
(2) Notify us as soon as practicable.
b. The date this Coverage Part became ef-
You must see to it that we receive written fective; and
notice of the claim or "suit" as soon as
practicable. will be considered as included until the end of
the current policy period. We will make no
c. You and any other involved insured must: additional premium charge for this additional
coverage during the interim.
(1) Immediately send us copies of any
demands, notices, summonses or 5. Other Insurance
legal papers received in connection
with the claim or "suit"; If other valid and collectible insurance is
available to the insured for a loss we cover
(2) Authorize us to obtain records and under COVERAGE A. BODILY INJURY AND
other information; PROPERTY DAMAGE LIABILITY or COV-
ERAGE B. PERSONAL AND ADVERTISING
(3) Cooperate with us in the investiga- INJURY LIABILITY of this Coverage Part, our
tion or settlement of the claim or de- obligations are limited as follows:
fense against the "suit"; and
a. Primary Insurance
(4) Assist us, upon our request, in the
enforcement of any right against any This insurance is primary except when b.
person or organization which may be below applies. If this insurance is pri-
liable to the insured because of in- mary, our obligations are not affected
jury or damage to which this insur- unless any of the other insurance is also
ance may also apply. primary. Then, we will share with all that
other insurance by the method described
d. No insured will, except at that insured's in c. below.
own cost, voluntarily make a payment,
assume any obligation, or incur any ex- b. Excess Insurance
pense, other than for first aid, without our
consent. This insurance is excess over:
3. Legal Action Against Us (1) Any of the other insurance, whether
primary, excess, contingent or on
No person or organization has a right under any other basis:
this Coverage Part:
(a) That is Fire, Extended Cover-
a. To join us as a party or otherwise bring age, Builder's Risk, Installation
us into a "suit" asking for damages from Risk or similar insurance for
an insured; or "your work";
b. To sue us on this Coverage Part unless (b) That is Fire or Explosion insur-
all of its terms have been fully complied ance for premises rented to you
with. or temporarily occupied by you
with permission of the owner;
A person or organization may sue us to re-
cover on an agreed settlement or on a final (c) That is insurance purchased by
judgment against an insured; but we will not you to cover your liability as a
be liable for damages that are not payable tenant for "property damage" to
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premises rented to you or tem- shown in the Declarations of this Cover-
porarily occupied by you with age Part.
permission of the owner; or
c. Method of Sharing
(d) If the loss arises out of the
maintenance or use of aircraft, If all of the other insurance permits con-
"autos" or watercraft to the ex- tribution by equal shares, we will follow
tent not subject to SECTION I - this method also. Under this approach
COVERAGES, COVERAGE A. each insurer contributes equal amounts
BODILY INJURY AND PROP- until it has paid its applicable limit of in-
ERTY DAMAGE LIABILITY, 2. surance or none of the loss remains,
Exclusions, g. Aircraft, Auto or whichever comes first.
Watercraft. If any of the other insurance does not
(2) Any other primary insurance avail- permit contribution by equal shares, we
able to the insured covering liability will contribute by limits. Under this
for damages arising out of the method, each insurer's share is based on
premises or operations, or the prod- the ratio of its applicable limit of insurance
ucts and completed operations, for to the total applicable limits of insurance
which the insured has been added of all insurers.
as an additional insured by attach- 6. Premium Audit
ment of an endorsement.
a. We will compute all premiums for this
(3) Any other insurance: Coverage Part in accordance with our
(a) Whether primary, excess, con- rules and rates.
tingent or on any other basis, b. Premium shown in this Coverage Part as
except when such insurance is advance premium is a deposit premium
written specifically to be excess only. At the close of each audit period we
over this insurance; and will compute the earned premium for that
(b) That is a consolidated (wrap-up) period and send notice to the first Named
insurance program which has Insured. The due date for audit and ret-
been provided by the prime rospective premiums is the date shown
contractor/project manager or as the due date on the bill. If:
owner of the consolidated proj- (1) The earned premium is less than the
ect in which you are involved. deposit premium, we will return the
When this insurance is excess, we will excess to the first Named Insured; or
have no duty under COVERAGE A. (2) The earned premium is greater than
BODILY INJURY AND PROPERTY the deposit premium, the difference
DAMAGE LIABILITY or COVERAGE B. will be due and payable to us by the
PERSONAL AND ADVERTISING IN- first Named Insured upon notice from
JURY LIABILITY to defend the insured us.
against any "suit" if any other insurer has
a duty to defend the insured against that c. The first Named Insured must keep rec-
"suit". If no other insurer defends, we will ords of the information we need for pre-
undertake to do so, but we will be entitled mium computation, and send us copies at
to the insured's rights against all those such times as we may request.
other insurers.
7. Representations
When this insurance is excess over other
insurance, we will pay only our share of By accepting this Coverage Part, you agree:
the amount of the loss, if any, that ex- a. The statements in the Declarations are
ceeds the sum of: accurate and complete;
(1) The total amount that all such other b. Those statements are based upon repre-
insurance would pay for the loss in sentations you made to us; and
the absence of this insurance; and
c. We have issued this Coverage Part in re-
(2) The total of all deductible and self- liance upon your representations.
insured amounts under all that other
insurance. 8. Separation of Insureds
We will share the remaining loss, if any, Except with respect to the Limits of Insurance,
with any other insurance that is not de- and any rights or duties specifically assigned
scribed in this Excess Insurance provi- in this Coverage Part to the first Named In-
sion and was not bought specifically to sured, this insurance applies:
apply in excess of the Limits of Insurance
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a. As if each Named Insured were the only (1) An individual, you and your spouse
Named Insured; and are "authorized representatives".
b. Separately to each insured against whom (2) A partnership or joint venture, your
claim is made or "suit" is brought. members, your partners, and their
spouses are "authorized representa-
9. Transfer of Rights of Recovery Against tives".
Others to Us
(3) A limited liability company, your
If the insured has rights to recover all or part members and your managers are
of any payment we have made under this "authorized representatives".
Coverage Part, those rights are transferred to
us. The insured must do nothing after loss to (4) An organization other than a part-
impair them. At our request, the insured will nership, joint venture or limited liabil-
bring "suit" or transfer those rights to us and ity company, your "executive offi-
help us enforce them. cers" and directors are "authorized
representatives". Provided you are
10. Two or More Coverage Forms or Policies not a publicly traded organization,
Issued by Us your stockholders are also "author-
If this Coverage Part and any other Coverage ized representatives".
Form, Coverage Part or policy issued to you (5) A trust, your trustees are "authorized
by us or any company affiliated with us apply representatives".
to the same "occurrence" or "personal and
advertising injury" offense, the aggregate b. Your "employees":
maximum limit of insurance under all the Cov-
erage Forms, Coverage Parts or policies shall (1) Assigned to manage your insurance
not exceed the highest applicable limit of in- program; or
surance under any one Coverage Form, Cov- (2) Responsible for giving or receiving
erage Part or policy. This condition does not notice of an "occurrence", "personal
apply to any Coverage Form, Coverage Part and advertising injury" offense, claim
or policy issued by us or an affiliated company or "suit";
specifically to apply as excess insurance over
this Coverage Part. are also "authorized representatives".
11. When We Do Not Renew 3. "Auto" means:
If we decide not to renew this Coverage Part, a. A land motor vehicle, trailer or semitrailer
we will mail or deliver to the first Named In- designed for travel on public roads, in-
sured shown in the Declarations written notice cluding any attached machinery or
of the nonrenewal not less than 30 days be- equipment; or
fore the expiration date.
b. Any other land vehicle that is subject to a
If notice is mailed, proof of mailing will be suf- compulsory or financial responsibility law
ficient proof of notice. or other motor vehicle insurance law in
the state where it is licensed or principally
SECTION V - DEFINITIONS garaged.
1. "Advertisement" means a notice that is broad- However, "auto" does not include "mobile
cast, telecast or published to the general pub- equipment".
lic or specific market segments about your
goods, products or services for the purpose of 4. "Bodily injury" means bodily injury, sickness or
attracting customers or supporters. "Adver- disease sustained by a person, including
tisement" includes a publicity article. For pur- death resulting from any of these at any time.
poses of this definition:
5. "Coverage term" means the following individ-
a. Notices that are published include mate- ual increment, or if a multi-year policy period,
rial placed on the Internet or on similar increments, of time, which comprise the policy
electronic means of communication; and period of this Coverage Part:
b. Regarding web-sites, only that part of a a. The year commencing on the Effective
web-site that is about your goods, prod- Date of this Coverage Part at 12:01 AM
ucts or services for the purposes of at- standard time at your mailing address
tracting customers or supporters is con- shown in the Declarations, and if a multi-
sidered an "advertisement". year policy period, each consecutive an-
nual period thereafter, or portion thereof if
2. "Authorized representative" means: any period is for a period of less than 12
a. If you are designated in the Declarations months, constitute individual "coverage
as: terms". The last "coverage term" ends at
Includes copyrighted material of Insurance
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12:00 AM standard time at your mailing 10. "Hostile fire" means one which becomes un-
address shown in the Declarations on the controllable or breaks out from where it was
earlier of: intended to be.
(1) The day the policy period shown in 11. "Impaired property" means tangible property,
the Declarations ends; or other than "your product" or "your work", that
cannot be used or is less useful because:
(2) The day the policy to which this Cov-
erage Part is attached is terminated a. It incorporates "your product" or "your
or cancelled. work" that is known or thought to be de-
fective, deficient, inadequate or danger-
b. However, if after the issuance of this ous; or
Coverage Part, any "coverage term" is
extended for an additional period of less b. You have failed to fulfill the terms of a
than 12 months, that additional period of contract or agreement;
time will be deemed to be part of the last
preceding "coverage term". if such property can be restored to use by:
6. "Coverage territory" means: a. The repair, replacement, adjustment or
removal of "your product" or "your work";
a. The United States of America (including or
its territories and possessions), Puerto
Rico and Canada; b. Your fulfilling the terms of the contract or
agreement.
b. International waters or airspace, but only
if the injury or damage occurs in the 12. "Insured contract" means:
course of travel or transportation between a. A contract for a lease of premises. How-
any places included in a. above; or ever, that portion of the contract for a
c. All other parts of the world if the injury or lease of premises that indemnifies any
damage arises out of: person or organization for "property
damage" by fire or explosion to premises
(1) Goods or products made or sold by while rented to you or temporarily occu-
you in the territory described in a. pied by you with permission of the owner
above; is not an "insured contract";
(2) The activities of a person whose b. A sidetrack agreement;
home is in the territory described in
a. above, but is away for a short time c. Any easement or license agreement, ex-
on your business; or cept in connection with construction or
demolition operations on or within 50 feet
(3) "Personal and advertising injury" of- of a railroad;
fenses that take place through the
Internet or similar electronic means d. An obligation, as required by ordinance,
of communication, to indemnify a municipality, except in
connection with work for a municipality;
provided the insured's responsibility to
pay damages is determined in a "suit" on e. An elevator maintenance agreement;
the merits, in the territory described in a. f. That part of any other contract or agree-
above or in a settlement to which we ment pertaining to your business (includ-
agree. ing an indemnification of a municipality in
7. "Electronic data" means information, facts or connection with work performed for a
programs stored as or on, created or used on, municipality) under which you assume
or transmitted to or from computer software, the tort liability of another party to pay for
including systems and applications software, "bodily injury", "property damage" or
hard or floppy disks, CD-ROMs, tapes, drives, "personal and advertising injury" to a third
cells, data processing devices or any other person or organization. Tort liability
media which are used with electronically con- means a liability that would be imposed
trolled equipment. by law in the absence of any contract or
agreement.
8. "Employee" includes a "leased worker". "Em-
ployee" does not include a "temporary Paragraph f. does not include that part of
worker". any contract or agreement:
9. "Executive officer" means a person holding (1) That indemnifies a railroad for "bodily
any of the officer positions created by your injury", "property damage" or "per-
charter, constitution, by-laws or any other sonal and advertising injury" arising
similar governing document. out of construction or demolition op-
erations, within 50 feet of any rail-
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road property and affecting any rail- engines; marketing analysis; and
road bridge or trestle, tracks, road- providing access to the Internet or
beds, tunnel, underpass or crossing; other similar networks; or
(2) That indemnifies an architect, engi- (7) Under which the insured, if a web-
neer or surveyor for injury or damage site designer or content provider, or
arising out of: Internet search, access, content or
service provider, assumes liability for
(a) Preparing, approving, or failing injury or damage arising out of the
to prepare or approve, maps, insured's rendering or failure to ren-
shop drawings, opinions, re- der Internet services, including those
ports, surveys, field orders, listed in Paragraph (6), above.
change orders or drawings and
specifications; or 13. "Leased worker" means a person leased to
you by a labor leasing firm under an agree-
(b) Giving directions or instructions, ment between you and the labor leasing firm,
or failing to give them, if that is to perform duties related to the conduct of
the primary cause of the injury your business. "Leased worker" includes su-
or damage; pervisors furnished to you by the labor leasing
(3) Under which the insured, if an archi- firm. "Leased worker" does not include a
tect, engineer or surveyor, assumes "temporary worker".
liability for an injury or damage aris- 14. "Loading or unloading" means the handling of
ing out of the insured's rendering or property:
failure to render professional serv-
ices, including those listed in Para- a. After it is moved from the place where it is
graph (2) above and supervisory, in- accepted for movement into or onto an
spection, architectural or engineering aircraft, watercraft or "auto";
activities;
b. While it is in or on an aircraft, watercraft
(4) That indemnifies an advertising, pub- or "auto"; or
lic relations or media consulting firm
for "personal and advertising injury" c. While it is being moved from an aircraft,
arising out of the planning, execution watercraft or "auto" to the place where it
or failure to execute marketing com- is finally delivered;
munications programs. Marketing but "loading or unloading" does not include
communications programs include the movement of property by means of a me-
but are not limited to comprehensive chanical device, other than a hand truck, that
marketing campaigns; consumer, is not attached to the aircraft, watercraft or
trade and corporate advertising for "auto".
all media; media planning, buying,
monitoring and analysis; direct mail; 15. "Mobile equipment" means any of the follow-
promotion; sales materials; design; ing types of land vehicles, including any at-
presentations; point-of-sale materi- tached machinery or equipment:
als; market research; public relations
and new product development; a. Bulldozers, farm machinery, forklifts and
other vehicles designed for use princi-
(5) Under which the insured, if an adver- pally off public roads;
tising, public relations or media con-
sulting firm, assumes liability for b. Vehicles maintained for use solely on or
"personal and advertising injury" next to premises you own or rent;
arising out of the insured's rendering c. Vehicles that travel on crawler treads;
or failure to render professional
services, including those services d. Vehicles, whether self-propelled or not,
listed in Paragraph (4), above; maintained primarily to provide mobility to
permanently mounted:
(6) That indemnifies a web-site designer
or content provider, or Internet (1) Power cranes, shovels, loaders, dig-
search, access, content or service gers or drills; or
provider for injury or damage arising
out of the planning, execution or fail- (2) Road construction or resurfacing
ure to execute Internet services. equipment such as graders, scrap-
Internet services include but are not ers or rollers;
limited to design, production, distri-
e. Vehicles not described in a., b., c. or d.
bution, maintenance and administra- above that are not self-propelled and are
tion of web-sites and web-banners;
maintained primarily to provide mobility to
hosting web-sites; registering do-
main names; registering with search
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permanently attached equipment of the d. Oral or written publication, in any manner,
following types: of material that slanders or libels a per-
son or organization or disparages a per-
(1) Air compressors, pumps and gen- son's or organization's goods, products or
erators, including spraying, welding, services;
building cleaning, geophysical explo-
ration, lighting and well servicing e. Oral or written publication, in any manner,
equipment; or of material that violates a person's right of
privacy;
(2) Cherry pickers and similar devices
used to raise or lower workers; f. The use of another's advertising idea in
your "advertisement"; or
f. Vehicles not described in a., b., c. or d.
above maintained primarily for purposes g. Infringing upon another's copyright, trade
other than the transportation of persons dress or slogan in your "advertisement".
or cargo.
18. "Pollutant" means any solid, liquid, gaseous or
However, self-propelled vehicles with the thermal irritant or contaminant, including
following types of permanently attached smoke, vapor, soot, fumes, acids, alkalis,
equipment are not "mobile equipment" chemicals, petroleum, petroleum products
but will be considered "autos": and petroleum by-products, and waste.
Waste includes materials to be recycled, re-
(1) Equipment designed primarily for: conditioned or reclaimed. "Pollutants" include
(a) Snow removal; but are not limited to substances which are
generally recognized in industry or govern-
(b) Road maintenance, but not con- ment to be harmful or toxic to persons, prop-
struction or resurfacing; or erty or the environment regardless of whether
the injury or damage is caused directly or indi-
(c) Street cleaning; rectly by the "pollutants" and whether:
(2) Cherry pickers and similar devices a. The insured is regularly or otherwise en-
mounted on automobile or truck gaged in activities which taint or degrade
chassis and used to raise or lower the environment; or
workers; and
b. The insured uses, generates or produces
(3) Air compressors, pumps and gen- the "pollutant".
erators, including spraying, welding,
building cleaning, geophysical explo- 19. "Products-completed operations hazard":
ration, lighting and well servicing
equipment. a. Includes all "bodily injury" and "property
damage" occurring away from premises
However, "mobile equipment" does not in- you own or rent and arising out of "your
clude any land vehicles that are subject to a product" or "your work" except:
compulsory or financial responsibility law or
other motor vehicle insurance law in the state (1) Products that are still in your physical
where it is licensed or principally garaged. possession; or
Land vehicles subject to a compulsory or fi- (2) Work that has not yet been com-
nancial responsibility law or other motor vehi- pleted or abandoned. However,
cle insurance law are considered "autos". "your work" will be deemed com-
16. "Occurrence" means an accident, including pleted at the earliest of the following
continuous or repeated exposure to substan- times:
tially the same general harmful conditions. (a) When all of the work called for in
17. "Personal and advertising injury" means in- your contract has been com-
jury, including consequential "bodily injury", pleted; or
arising out of one or more of the following of- (b) When all of the work to be done
fenses: at the job site has been com-
a. False arrest, detention or imprisonment; pleted if your contract calls for
work at more than one job site;
b. Malicious prosecution; or
c. The wrongful eviction from, wrongful entry (c) When that part of the work done
into, or invasion of the right of private oc- at a job site has been put to its
cupancy of a room, dwelling or premises intended use by any person or
that a person occupies, committed by or organization other than another
on behalf of its owner, landlord or lessor; contractor or subcontractor
working on the same project.
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 124 of 187
Work that may need service, main- her work and acts at the direction of and
tenance, correction, repair or re- within the scope of duties determined by you,
placement, but which is otherwise and is not paid a fee, salary or other compen-
complete, will be treated as com- sation by you or anyone else for their work
pleted. performed for you.
b. Does not include "bodily injury" or "prop- 24. "Workplace" means that place and during
erty damage" arising out of: such hours to which the "employee" sustain-
ing "bodily injury" was assigned by you, or
(1) The transportation of property, un- any other person or entity acting on your be-
less the injury or damage arises out half, to work on the date of "occurrence".
of a condition in or on a vehicle not
owned or operated by you, and that 25. "Your product":
condition was created by the "load-
ing or unloading" of that vehicle by a. Means:
any insured; (1) Any goods or products, other than
(2) The existence of tools, uninstalled real property, manufactured, sold,
equipment or abandoned or unused handled, distributed or disposed of
materials; or by:
(3) Products or operations for which the (a) You;
classification, listed in the Declara- (b) Others trading under your name;
tions or in a schedule, states that or
products-completed operations are
included. (c) A person or organization whose
business or assets you have
20. "Property damage" means: acquired; and
a. Physical injury to tangible property, in- (2) Containers (other than vehicles),
cluding all resulting loss of use of that materials, parts or equipment fur-
property. All such loss of use shall be nished in connection with such
deemed to occur at the time of the physi- goods or products.
cal injury that caused it; or
b. Includes:
b. Loss of use of tangible property that is
not physically injured. All such loss of (1) Warranties or representations made
use shall be deemed to occur at the time at any time with respect to the fit-
of the "occurrence" that caused it. ness, quality, durability, performance
or use of "your product"; and
For the purposes of this insurance, "electronic
data" is not tangible property. (2) The providing of or failure to provide
warnings or instructions.
21. "Suit" means a civil proceeding in which
money damages because of "bodily injury", c. Does not include vending machines or
"property damage" or "personal and advertis- other property rented to or located for the
ing injury" to which this insurance applies are use of others but not sold.
alleged. "Suit" includes:
26. "Your work":
a. An arbitration proceeding in which such
damages are claimed and to which the a. Means:
insured must submit or does submit with (1) Work or operations performed by
our consent; you or on your behalf; and
b. Any other alternative dispute resolution (2) Materials, parts or equipment fur-
proceeding in which such damages are nished in connection with such work
claimed and to which the insured submits or operations.
with our consent; or
b. Includes:
c. An appeal of a civil proceeding.
(1) Warranties or representations made
22. "Temporary worker" means a person who is at any time with respect to the fit-
furnished to you to substitute for a permanent ness, quality, durability, performance
"employee" on leave or to meet seasonal or or use of "your work"; and
short-term workload conditions.
(2) The providing of or failure to provide
23. "Volunteer worker" means a person who is warnings or instructions.
not your "employee", and who donates his or
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 125 of 187
NUCLEAR ENERGY LIABILITY EXCLUSION
(Broad Form)
1. The insurance does not apply: an insured of services, materials,
parts or equipment in connection
A. Under any Liability Coverage, to "bodily with the planning, construction,
injury" or "property damage": maintenance, operation or use of
(1) With respect to which an insured un- any "nuclear facility", but if such fa-
der this Coverage Part is also an in- cility is located within the United
sured under a nuclear energy liability States of America, its territories or
policy issued by Nuclear Energy Li- possessions or Canada, this Exclu-
ability Insurance Association, Mutual sion (3) applies only to "property
Atomic Energy Liability Underwriters, damage" to such "nuclear facility"
Nuclear Insurance Association of and any property thereat.
Canada, or any of their successors, 2. As used in this exclusion:
or would be an insured under any
such policy but for its termination "Hazardous properties" includes radioactive,
upon exhaustion of its limit of liability; toxic or explosive properties.
or
"Nuclear material" means "source material",
(2) Resulting from the "hazardous prop- "special nuclear material" or "by-product ma-
erties" of "nuclear material" and with terial".
respect to which (a) any person or
organization is required to maintain "Source material", "special nuclear material",
financial protection pursuant to the and "by-product material" have the meanings
Atomic Energy Act of 1954, or any given them in the Atomic Energy Act of 1954
law amendatory thereof, or (b) the or in any law amendatory thereof.
insured is, or had this Coverage Part "Spent fuel" means any fuel element or fuel
not been issued would be, entitled to component, solid or liquid, which has been
indemnity from the United States of used or exposed to radiation in a "nuclear re-
America, or any agency thereof, un- actor".
der any agreement entered into by
the United States of America, or any "Waste" means any waste material (a) con-
agency thereof, with any person or taining "by-product material" other than the
organization. tailings or wastes produced by the extraction
or concentration of uranium or thorium from
B. Under any Medical Payments coverage, any ore processed primarily for its "source
to expenses incurred with respect to material" content, and (b) resulting from the
"bodily injury" resulting from the "hazard- operation by any person or organization of
ous properties" of "nuclear material" and any "nuclear facility" included under the first
arising out of the operation of a "nuclear two paragraphs of the definition of "nuclear
facility" by any person or organization. facility".
C. Under any Liability Coverage, to "bodily "Nuclear facility" means:
injury" or "property damage" resulting
from the "hazardous properties" of "nu- A. Any "nuclear reactor";
clear material", if:
B. Any equipment or device designed or
(1) The "nuclear material" (a) is at any used for (1) separating the isotopes of
"nuclear facility" owned by, or oper- uranium or plutonium, (2) processing or
ated by or on behalf of, an insured, utilizing "spent fuel", or (3) handling,
or (b) has been discharged or dis- processing or packaging "waste";
persed therefrom;
C. Any equipment or device used for the
(2) The "nuclear material" is contained in processing, fabricating or alloying of
"spent fuel" or "waste" at any time "special nuclear material" if at any time
possessed, handled, used, proc- the total amount of such material in the
essed, stored, transported or dis- custody of the insured at the premises
posed of, by or on behalf of an in- where such equipment or device is lo-
sured; or cated consists of or contains more than
25 grams of plutonium or uranium 233 or
(3) The "bodily injury" or "property dam- any combination thereof, or more than
age" arises out of the furnishing by 250 grams of uranium 235;
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D. Any structure, basin, excavation, prem- "Nuclear reactor" means any apparatus de-
ises or place prepared or used for the signed or used to sustain nuclear fission in a
storage or disposal of "waste"; self-supporting chain reaction or to contain a
critical mass of fissionable material.
and includes the site on which any of the
foregoing is located, all operations conducted "Property damage" includes all forms of ra-
on such site and all premises used for such dioactive contamination of property.
operations.
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 127 of 187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CinciPakTM
COMMERCIAL GENERAL LIABILITY BROADENED
ENDORSEMENT - MISSOURI
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Endorsement - Table of Contents:
Coverage: Begins on Page:
1. Employee Benefit Liability Coverage.......................................................................................2
2. Unintentional Failure To Disclose Hazards .............................................................................8
3. Supplementary Payments .........................................................................................................8
4. Medical Payments ......................................................................................................................8
5. 180 Day Coverage For Newly Formed Or Acquired Organizations ......................................8
6. Waiver Of Subrogation ..............................................................................................................8
7. Automatic Additional Insured - Specified Relationships: .....................................................8
• Managers Or Lessors Of Premises;
• Lessor Of Leased Equipment;
• Vendors;
• State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits
Or Authorizations Relating To Premises; and
• Mortgagee, Assignee Or Receiver
8. Property Damage To Borrowed Equipment ......................................................................... 12
9. Employees As Insureds - Specified Health Care Services And Good Samaritan
Services ................................................................................................................................... 12
10. Broadened Notice Of Occurrence ......................................................................................... 13
11. Nonowned Aircraft.................................................................................................................. 13
12. Bodily Injury Redefined .......................................................................................................... 13
13. Expected Or Intended Injury Redefined ............................................................................... 13
14. Former Employees As Insureds ............................................................................................ 13
B. Limits Of Insurance:
The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse-
ment, except as provided below:
1. Employee Benefit Liability Coverage
Each Employee Limit: $1,000,000
Aggregate Limit: $3,000,000
Deductible Amount: Redacted
3. Supplementary Payments
Bail Bonds: $ 2,500
4. Medical Payments
Medical Expense Limit: $ 10,000
8. Property Damage To Borrowed Equipment
Each Occurrence Limit: $10,000
Deductible Amount: Redacted
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C. Coverages this endorsement pro-
vided:
1. Employee Benefit Liability Coverage
a) You did not have
a. The following is added to Section I - knowledge of a
Coverages: claim or "suit" on or
Employee Benefit Liability Cover- before the "first ef-
age fective date" of this
endorsement.
(1) Insuring Agreement
You will be
(a) We will pay those sums that deemed to have
the insured becomes legally knowledge of a
obligated to pay as damag- claim or "suit"
es caused by any act, error when any "author-
or omission of the insured, ized representa-
or of any other person for tive";
whose acts the insured is
legally liable, to which this i) Reports all, or
insurance applies. We will any part, of the
have the right and duty to act, error or
defend the insured against omission to us
any "suit" seeking those or any other
damages. However, we will insurer;
have no duty to defend ii) Receives a
against any "suit" seeking written or ver-
damages to which this in- bal demand or
surance does not apply. We claim for dam-
may, at our discretion, in- ages because
vestigate any report of an of the act, er-
act, error or omission and ror or omis-
settle any claim or "suit" that sion; and
may result. But:
b) There is no other
1) The amount we will pay applicable insur-
for damages is limited ance.
as described in Section
III - Limits Of Insur- (2) Exclusions
ance; and
This insurance does not apply to:
2) Our right and duty to
defend ends when we (a) Bodily Injury, Property
have used up the appli- Damage Or Personal And
cable limit of insurance Advertising Injury
in the payment of judg- "Bodily injury", "property
ments or settlements. damage" or "personal and
No other obligation or liabil- advertising injury".
ity to pay sums or perform (b) Dishonest, Fraudulent,
acts or services is covered Criminal Or Malicious Act
unless explicitly provided for
under Supplementary Damages arising out of any
Payments. intentional, dishonest,
fraudulent, criminal or mali-
(b) This insurance applies to cious act, error or omission,
damages only if the act, er- committed by any insured,
ror or omission, is negligent- including the willful or reck-
ly committed in the "admin- less violation of any statute.
istration" of your "employee
benefit program"; and (c) Failure To Perform A Con-
tract
1) Occurs during the policy
period; or Damages arising out of fail-
ure of performance of con-
2) Occurred prior to the tract by any insurer.
"first effective date" of
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(d) Insufficiency Of Funds (i) Taxes, Fines Or Penalties
Damages arising out of an Taxes, fines or penalties, in-
insufficiency of funds to cluding those imposed un-
meet any obligations under der the Internal Revenue
any plan included in the Code or any similar state or
"employee benefit program". local law.
(e) Inadequacy Of Perfor- (j) Employment-Related Prac-
mance Of Invest- tices
ment/Advice Given With
Respect To Participation Any liability arising out of
any:
Any claim based upon:
(1) Refusal to employ;
1) Failure of any invest-
ment to perform; (2) Termination of employ-
ment;
2) Errors in providing in-
formation on past per- (3) Coercion, demotion,
formance of investment evaluation, reassign-
vehicles; or ment, discipline, defa-
mation, harassment,
3) Advice given to any humiliation, discrimina-
person with respect to tion or other employ-
that person's decision to ment - related practices,
participate or not to par- acts or omissions; or
ticipate in any plan in-
cluded in the "employee (4) Consequential liability
benefit program". as a result of (1), (2) or
(3) above.
(f) Workers' Compensation
And Similar Laws This exclusion applies
whether the insured may be
Any claim arising out of your held liable as an employer
failure to comply with the or in any other capacity and
mandatory provisions of any to any obligation to share
workers' compensation, un- damages with or repay
employment compensation someone else who must pay
insurance, social security or damages because of the in-
disability benefits law or any jury.
similar law.
(3) Supplementary Payments
(g) ERISA
Section I - Coverages, Sup-
Damages for which any in- plementary Payments - Cover-
sured is liable because of li- ages A and B also apply to this
ability imposed on a fiduci- Coverage.
ary by the Employee Re-
tirement Income Security b. Who Is An Insured
Act of 1974, as now or As respects Employee Benefit Lia-
hereafter amended, or by bility Coverage, Section II - Who Is
any similar federal, state or An Insured is replaced by the follow-
local laws. ing:
(h) Available Benefits (1) If you are designated in the Dec-
Any claim for benefits to the larations as:
extent that such benefits are (a) An individual, you and your
available, with reasonable spouse are insureds, but on-
effort and cooperation of the ly with respect to the con-
insured, from the applicable duct of a business of which
funds accrued or other col- you are the sole owner.
lectible insurance.
(b) A partnership or joint ven-
ture, you are an insured.
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Your members, your part- insurance applies to that organi-
ners, and their spouses are zation. However, coverage under
also insureds but only with this provision:
respect to the conduct of
your business. (a) Is afforded only until the
180th day after you acquire
(c) A limited liability company, or form the organization or
you are an insured. Your the end of the policy period,
members are also insureds, whichever is earlier; and
but only with respect to the
conduct of your business. (b) Does not apply to any act,
Your managers are in- error or omission that was
sureds, but only with respect committed before you ac-
to their duties as your man- quired or formed the organi-
agers. zation.
(d) An organization other than a c. Limits Of Insurance
partnership, joint venture or As respects Employee Benefit Lia-
limited liability company, you bility Coverage, Section III - Limits
are an insured. Your "execu- Of Insurance is replaced by the fol-
tive officers" and directors lowing:
are insureds, but only with
respect to their duties as (1) The Limits of Insurance shown in
your officers or directors. Section B. Limits Of Insurance,
Your stockholders are also 1. Employee Benefit Liability
insureds, but only with re- Coverage and the rules below fix
spect to their liability as the most we will pay regardless
stockholders. of the number of:
(e) A trust, you are an insured. (a) Insureds;
Your trustees are also in-
sureds, but only with respect (b) Claims made or "suits"
to their duties as trustees. brought;
(2) Each of the following is also an (c) Persons or organizations
insured: making claims or bringing
"suits";
(a) Each of your "employees"
who is or was authorized to (d) Acts, errors or omissions; or
administer your "employee (e) Benefits included in your
benefit program"; "employee benefit program".
(b) Any persons, organizations (2) The Aggregate Limit shown in
or "employees" having prop- Section B. Limits Of Insurance,
er temporary authorization 1. Employee Benefit Liability
to administer your "employ- Coverage of this endorsement is
ee benefit program" if you the most we will pay for all dam-
die, but only until your legal ages because of acts, errors or
representative is appointed; omissions negligently committed
or in the "administration" of your
(c) Your legal representative if "employee benefit program".
you die, but only with re- (3) Subject to the limit described in
spect to duties as such. That (2) above, the Each Employee
representative will have all Limit shown in Section B. Limits
your rights and duties under Of Insurance, 1. Employee
this Coverage Part. Benefit Liability Coverage of
(3) Any organization you newly ac- this endorsement is the most we
quire or form, other than a part- will pay for all damages sus-
nership, joint venture or limited tained by any one "employee",
liability company, and over which including damages sustained by
you maintain ownership or major- such "employee's" dependents
ity interest, will qualify as a and beneficiaries, as a result of:
Named Insured if no other similar (a) An act, error or omission; or
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(b) A series of related acts, er- tification of the action taken,
rors or omissions, regard- you shall promptly reim-
less of the amount of time burse us for such part of the
that lapses between such Deductible Amount as we
acts, errors or omissions; have paid.
negligently committed in the d. Additional Conditions
"administration" of your "employ-
ee benefit program". As respects Employee Benefit Lia-
bility Coverage, Section IV - Com-
However, the amount paid under mercial General Liability Condi-
this endorsement shall not ex- tions is amended as follows:
ceed, and will be subject to the
limits and restrictions that apply (1) Item 2. Duties In The Event Of
to the payment of benefits in any Occurrence, Offense, Claim Or
plan included in the "employee Suit is replaced by the following:
benefit program." 2. Duties In The Event Of An
(4) Deductible Amount Act, Error Or Omission, Or
Claim Or Suit
(a) Our obligation to pay dam-
ages on behalf of the in- a. You must see to it that
sured applies only to the we are notified as soon
amount of damages in ex- as practicable of an act,
cess of the Deductible error or omission which
Amount stated in the Decla- may result in a claim.
rations as applicable to To the extent possible,
Each Employee. The limits notice should include:
of insurance shall not be re- (1) What the act, error
duced by the amount of this or omission was
deductible. and when it oc-
(b) The Deductible Amount curred; and
stated in the Declarations (2) The names and
applies to all damages sus- addresses of any-
tained by any one "employ- one who may suf-
ee", including such "employ- fer damages as a
ee's" dependents and bene- result of the act,
ficiaries, because of all acts, error or omission.
errors or omissions to which
this insurance applies. However, no claim will
be denied based upon
(c) The terms of this insurance, the insured's failure to
including those with respect provide notice within
to: such specified time, un-
1) Our right and duty to less this failure oper-
defend the insured ates to prejudice the
against any "suits" rights of the insurer, as
seeking those damag- per Missouri regulation
es; and 20CSR100-1.020.
2) Your duties, and the du-
ties of any other in- b. If a claim is made or
volved insured, in the "suit" is brought against
event of an act, error or any insured, you must:
omission, or claim;
(1) Immediately record
apply irrespective of the ap- the specifics of the
plication of the Deductible claim or "suit" and
Amount. the date received;
(d) We may pay any part or all and
of the Deductible Amount to (2) Notify us as soon
effect settlement of any as practicable.
claim or "suit" and, upon no-
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You must see to it that If other valid and collectible
we receive written no- insurance is available to the
tice of the claim or "suit" insured for a loss we cover
as soon as practicable. under this Coverage Part,
our obligations are limited as
However, no claim will follows:
be denied based upon
the insured's failure to a. Primary Insurance
provide notice within
such specified time, un- This insurance is prima-
less this failure oper- ry except when c. below
ates to prejudice the applies. If this insurance
rights of the insurer, as is primary, our obliga-
per Missouri regulation tions are not affected
20CSR100-1.020. unless any of the other
insurance is also prima-
c. You and any other in- ry. Then, we will share
volved insured must: with all that other insur-
ance by the method de-
(1) Immediately send scribed in b. below.
us copies of any
demands, notices, b. Method Of Sharing
summonses or le-
gal papers re- If all of the other insur-
ceived in connec- ance permits contribu-
tion with the claim tion by equal shares,
or "suit"; we will follow this meth-
od also. Under this ap-
(2) Authorize us to ob- proach each insurer
tain records and contributes equal
other information; amounts until it has
paid its applicable limit
(3) Cooperate with us of insurance or none of
in the investigation the loss remains,
or settlement of the whichever comes first.
claim or defense
against the "suit"; If any of the other in-
and surance does not permit
contribution by equal
(4) Assist us, upon our shares, we will contrib-
request, in the en- ute by limits. Under this
forcement of any method, each insurer's
right against any share is based on the
person or organi- ratio of its applicable
zation which may limit of insurance to the
be liable to the in- total applicable limits of
sured because of insurance of all insur-
an act, error or ers.
omission to which
this insurance may c. No Coverage
also apply.
This insurance shall not
d. No insured will, except cover any loss for which
at that insured's own the insured is entitled to
cost, voluntarily make a recovery under any
payment, assume any other insurance in force
obligation, or incur any previous to the effective
expense without our date of this Coverage
consent. Part.
(2) Item 5. Other Insurance is re- e. Additional Definitions
placed by the following:
As respects Employee Benefit Lia-
5. Other Insurance bility Coverage, Section V - Defini-
tions is amended as follows:
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(1) The following definitions are one other than an "em-
added: ployee" may subscribe
to such benefits and
1. "Administration" means: such benefits are made
a. Providing information to generally available to
"employees", including those "employees" who
their dependents and satisfy the plan's eligibil-
beneficiaries, with re- ity requirements;
spect to eligibility for or b. Profit sharing plans,
scope of "employee employee savings
benefit programs"; plans, employee stock
b. Interpreting the "em- ownership plans, pen-
ployee benefit pro- sion plans and stock
grams"; subscription plans, pro-
vided that no one other
c. Handling records in than an "employee"
connection with the may subscribe to such
"employee benefit pro- benefits and such bene-
grams"; or fits are made generally
available to all "employ-
d. Effecting, continuing or ees" who are eligible
terminating any "em- under the plan for such
ployee's" participation in benefits;
any benefit included in
the "employee benefit c. Unemployment insur-
program". ance, social security
benefits, workers' com-
However, "administration" pensation and disability
does not include: benefits; and
a. Handling payroll deduc- d. Vacation plans, includ-
tions; or ing buy and sell pro-
b. The failure to effect or grams; leave of ab-
maintain any insurance sence programs, includ-
or adequate limits of ing military, maternity,
coverage of insurance, family, and civil leave;
including but not limited tuition assistance plans;
to unemployment insur- transportation and
ance, social security health club subsidies.
benefits, workers' com- 4. "First effective date" means
pensation and disability the date upon which cover-
benefits. age was first effected in a
2. "Cafeteria plans" means series of uninterrupted re-
plans authorized by applica- newals of insurance cover-
ble law to allow "employees" age.
to elect to pay for certain (2) The following definitions are de-
benefits with pre-tax dollars. leted in their entirety and re-
3. "Employee benefit pro- placed by the following:
grams" means a program 8. "Employee" means a person
providing some of all of the actively employed, formerly
following benefits to "em- employed, on leave of ab-
ployees", whether provided sence or disabled, or retired.
through a "cafeteria plan" or "Employee" includes a
otherwise: "leased worker". "Employee"
a. Group life insurance; does not include a "tempo-
group accident or health rary worker".
insurance; dental, vision 21. "Suit" means a civil proceed-
and hearing plans; and ing in which money damag-
flexible spending ac- es because of an act, error
counts; provided that no or omission to which this in-
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 134 of 187
surance applies are alleged. 5. 180 Day Coverage For Newly Formed
"Suit" includes: Or Acquired Organizations
a. An arbitration proceed- Section II - Who Is An Insured is
ing in which such dam- amended as follows:
ages are claimed and to
which the insured must Subparagraph a. of Paragraph 3. is re-
submit or does submit placed by the following:
with our consent; a. Insurance under this provision is af-
b. Any other alternative forded only until the 180th day after
dispute resolution pro- you acquire or form the organization
ceeding in which such or the end of the policy period,
damages are claimed whichever is earlier;
and to which the in- 6. Waiver Of Subrogation
sured submits with our
consent; or Section IV - Commercial General Liabil-
ity Conditions, 9. Transfer Of Rights Of
c. An appeal of a civil pro- Recovery Against Others To Us is
ceeding. amended by the addition of the following:
2. Unintentional Failure To Disclose Haz- We waive any right of recovery we may
ards have against any person or organization
Section IV - Commercial General Liabil- against whom you have agreed to waive
ity Conditions, 7. Representations is such right of recovery in a written contract
amended by the addition of the following: or agreement because of payments we
make for injury or damage arising out of
Based on our dependence upon your rep- your ongoing operations or "your work"
resentations as to existing hazards, if un- done under a written contract or agree-
intentionally you should fail to disclose all ment with that person or organization and
such hazards at the inception date of your included in the "products-completed oper-
policy, we will not reject coverage under ations hazard". However, our rights may
this Coverage Part based solely on such only be waived prior to the "occurrence"
failure. giving rise to the injury or damage for
which we make payment under this Cov-
3. Supplementary Payments erage Part. The insured must do nothing
Under Section I - Supplementary Pay- after a loss to impair our rights. At our re-
ments - Coverages A and B: quest, the insured will bring "suit" or trans-
fer those rights to us and help us enforce
Paragraph 2. is replaced by the following: those rights.
Up to the limit shown in Section B. Limits 7. Automatic Additional Insured - Speci-
Of Insurance, 3. Bail Bonds of this en- fied Relationships
dorsement for cost of bail bonds required
because of accidents or traffic law viola- a. The following is added to Section II -
tions arising out of the use of any vehicle Who Is An Insured:
to which the Bodily Injury Liability Cover- (1) Any person(s) or organization(s)
age applies. We do not have to furnish described in Paragraph 7.a.(2) of
these bonds. this endorsement (hereinafter re-
This amendment of the Supplementary ferred to as additional insured)
Payments – Bail Bonds limit replaces, and whom you are required to add as
is not in addition to, the amendment of the an additional insured under this
Supplementary Payments - Bail Bonds Coverage Part by reason of a
TM
limit (II.A.2.) in the CinciPak Commer- written contract, written agree-
cial General Liability Amendatory En- ment, written permit or written
dorsement. authorization.
4. Medical Payments (2) Only the following persons or or-
ganizations are additional in-
The Medical Expense Limit of Any One sureds under this endorsement,
Person as stated in the Declarations is and insurance coverage provided
amended to the limit shown in Section B. to such additional insureds is lim-
Limits Of Insurance, 4. Medical Pay- ited as provided herein:
ments of this endorsement.
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(a) Managers Or Lessors Of Any person or organization
Premises (referred to below as ven-
dor) with whom you have
The manager or lessor of a agreed per Paragraph
premises leased to you with 7.a.(1) of this endorsement
whom you have agreed per to provide insurance, but on-
Paragraph 7.a.(1) of this en- ly with respect to "bodily in-
dorsement to provide insur- jury" or "property damage"
ance, but only with respect arising out of "your products"
to liability arising out of the which are distributed or sold
ownership, maintenance or in the regular course of the
use of that part of the prem- vendor's business, subject
ises leased to you, subject to the following additional
to the following additional exclusions:
exclusions:
(i) The insurance afforded
This insurance does not ap- the vendor does not
ply to: apply to:
(i) Any "occurrence" which 1) "Bodily injury" or
takes place after you "property damage"
cease to be a tenant in for which the ven-
that premises; dor is obligated to
(ii) Structural alterations, pay damages by
new construction or reason of the as-
demolition operations sumption of liability
performed by or on be- in a contract or
half of such additional agreement. This
insured. exclusion does not
apply to liability for
(b) Lessor Of Leased Equip- damages that the
ment vendor would have
in the absence of
Any person or organization the contract or
from whom you lease agreement;
equipment when you and
such person(s) or organiza- 2) Any express war-
tion(s) have agreed per Par- ranty unauthorized
agraph 7.a.(1) of this en- by you;
dorsement to provide insur-
ance. Such person(s) or or- 3) Any physical or
ganization(s) are insureds chemical change in
only with respect to liability the product made
for "bodily injury", "property intentionally by the
damage" or "personal and vendor;
advertising injury" caused, in 4) Repackaging, ex-
whole or in part, by your cept when un-
maintenance, operation or packed solely for
use of equipment leased to the purpose of in-
you by such person(s) or or- spection, demon-
ganization(s). A person's or stration, testing, or
organization's status as an the substitution of
additional insured under this parts under in-
endorsement ends when structions from the
their contract or agreement manufacturer, and
with you for such leased then repackaged in
equipment ends. However, the original con-
this insurance does not ap- tainer;
ply to any "occurrence"
which takes place after the 5) Any failure to make
equipment lease expires. such inspections,
adjustments, tests
(c) Vendors or servicing as the
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vendor has agreed with the distri-
to make or normal- bution or sale
ly undertakes to of the prod-
make in the usual ucts.
course of busi-
ness, in connection (ii) This insurance does not
with the distribution apply to any insured
or sale of the person or organization:
products; 1) From whom you
6) Demonstration, in- have acquired
stallation, servicing such products, or
or repair opera- any ingredient, part
tions, except such or container, enter-
operations per- ing into, accompa-
formed at the ven- nying or containing
dor's premises in such products; or
connection with the 2) When liability in-
sale of the product; cluded within the
7) Products which, af- "products-
ter distribution or completed opera-
sale by you, have tions hazard" has
been labeled or re- been excluded un-
labeled or used as der this Coverage
a container, part or Part with respect to
ingredient of any such products.
other thing or sub- (d) State Or Governmental
stance by or for the Agency Or Subdivision Or
vendor; or Political Subdivision -
8) "Bodily injury" or Permits Or Authorizations
"property damage" Relating To Premises
arising out of the Any state or governmental
sole negligence of agency or subdivision or po-
the vendor for its litical subdivision with which
own acts or omis- you have agreed per Para-
sions or those of graph 7.a.(1) of this en-
its employees or dorsement to provide insur-
anyone else acting ance, subject to the follow-
on its behalf. How- ing additional provision:
ever, this exclusion
does not apply to: This insurance applies only
with respect to the following
a) The excep- hazards for which the state
tions contained or governmental agency or
in Paragraphs subdivision or political sub-
(c)(i)4) or 6) of division has issued a permit
this endorse- or authorization in connec-
ment; or tion with premises you own,
b) Such inspec- rent or control and to which
tions, adjust- this insurance applies:
ments, tests or (i) The existence, mainte-
servicing as nance, repair, construc-
the vendor has tion, erection or removal
agreed to of advertising signs,
make or nor- awnings, canopies, cel-
mally under- lar entrances, coal
takes to make holes, driveways, man-
in the usual holes, marquees, hoist
course of away openings, side-
business, in walk vaults, street ban-
connection
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ners or decorations and scribed in Paragraph 7.a.(1) of this
similar exposures; or endorsement, the following is added
to Section III - Limits Of Insurance:
(ii) The construction, erec-
tion or removal of eleva- The most we will pay on behalf of the
tors; or additional insured is the amount of in-
surance:
(iii) The ownership, mainte-
nance or use of any el- (1) Required by the written contract,
evators covered by this written agreement, written permit
insurance. or written authorization described
in Paragraph 7.a.(1) of this en-
(e) Mortgagee, Assignee Or dorsement; or
Receiver
(2) Available under the applicable
Any person or organization Limits of Insurance shown in the
with whom you have agreed Declarations;
per Paragraph 7.a.(1) of this
endorsement to provide in- whichever is less.
surance, but only with re-
spect to their liability as This endorsement shall not increase
mortgagee, assignee, or re- the applicable Limits of Insurance
ceiver and arising out of the shown in the Declarations.
ownership, maintenance, or c. Section IV - Commercial General
use of the premises by you. Liability Conditions is amended to
However, this insurance add the following:
does not apply to structural
alterations, new construction Automatic Additional Insured Pro-
and demolition operations vision
performed by or for that per-
son or organization. This insurance applies only if the
"bodily injury" or "property damage"
(3) The insurance afforded to addi- occurs, or the "personal and advertis-
tional insureds described in Par- ing injury" offense is committed:
agraph 7.a.(1) of this endorse-
ment: (1) During the policy period; and
(a) Only applies to the extent (2) Subsequent to your execution of
permitted by law; and the written contract or written
agreement, or the issuance of a
(b) Will not be broader than that written permit or written authori-
which you are required by zation, described in Paragraph
the written contract, written 7.a.(1).
agreement, written permit or
written authorization to pro- d. Section IV - Commercial General
vide for such additional in- Liability Conditions is amended as
sured; and follows:
(c) Does not apply to any per- Condition 5. Other Insurance is
son, organization, vendor, amended to include:
state, governmental agency Primary And Noncontributory In-
or subdivision or political surance
subdivision, specifically
named as an additional in- This insurance is primary to and will
sured under any other provi- not seek contribution from any other
sion of, or endorsement insurance available to an additional
added to, this Coverage insured per Paragraph 7.a.(1) of this
Part, provided such other endorsement provided that:
provision or endorsement
covers the injury or damage (1) The additional insured is a
for which this insurance ap- Named Insured under such other
plies. insurance; and
b. With respect to the insurance afford- (2) You have agreed in writing in a
ed to the additional insureds de- contract, agreement, permit or
authorization described in 7.a.(2)
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of this endorsement that this in- duced by the application of
surance would be primary and such deductible amount.
would not seek contribution from
any other insurance available to (b) Section IV - Commercial
the additional insured. General Liability Condi-
tions, 2. Duties In The
8. Property Damage To Borrowed Equip- Event Of Occurrence, Of-
ment fense, Claim Or Suit, ap-
plies to each claim or "suit"
a. The following is added to Exclusion irrespective of the amount.
2.j. Damage To Property under Sec-
tion I - Coverage A - Bodily Injury (c) We may pay any part or all
And Property Damage Liability: of the deductible amount to
effect settlement of any
Paragraphs (3) and (4) of this exclu- claim or "suit" and, upon no-
sion do not apply to tools or equip- tification of the action taken,
ment loaned to you, provided they are you shall promptly reim-
not being used to perform operations burse us for such part of the
at the time of loss. deductible amount as has
b. With respect to the insurance provid- been paid by us.
ed by this section of the endorse- 9. Employees As Insureds - Specified
ment, the following additional provi- Health Care Services And Good Samar-
sions apply: itan Services
(1) The Limits of Insurance shown in Paragraph 2.a.(1)(d) under Section II -
the Declarations are replaced by Who Is An Insured does not apply to:
the limits designated in Section
B. Limits Of Insurance, 8. a. Your "employees" who provide pro-
Property Damage To Borrowed fessional health care services on your
Equipment of this endorsement behalf as a duly licensed nurse,
with respect to coverage provid- emergency medical technician or
ed by this endorsement. These paramedic in the jurisdiction where an
limits are inclusive of and not in "occurrence" or offense to which this
addition to the limits being re- insurance applies takes place; or
placed. The Limits of Insurance
shown in Section B. Limits Of b. Your "employees" or "volunteer work-
Insurance, 8. Property Damage ers", other than an employed or vol-
To Borrowed Equipment of this unteer doctor, providing first aid or
endorsement fix the most we will good samaritan services during their
pay in any one "occurrence" re- work hours for you will be deemed to
gardless of the number of: be acting within the scope of their
employment by you or performing du-
(a) Insureds; ties related to the conduct of your
business.
(b) Claims made or "suits"
brought; or 10. Broadened Notice Of Occurrence
(c) Persons or organizations Paragraph a. of Condition 2. Duties In
making claims or bringing The Event Of Occurrence, Offense,
"suits". Claim Or Suit under Section IV - Com-
mercial General Liability Conditions is
(2) Deductible Clause replaced by the following:
(a) Our obligation to pay dam- a. You must see to it that we are notified
ages on your behalf applies as soon as practicable of an "occur-
only to the amount of dam- rence" or an offense which may result
ages for each "occurrence" in a claim. To the extent possible, no-
which are in excess of the tice should include:
Deductible Amount stated in
Section B. Limits Of Insur- (1) How, when and where the "oc-
ance, 8. Property Damage currence" or offense took place;
To Borrowed Equipment of
this endorsement. The limits (2) The names and addresses of
of insurance will not be re- any injured persons and wit-
nesses; and
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(3) The nature and location of any Section V - Definitions, 4. "Bodily injury"
injury or damage arising out of is replaced by the following:
the "occurrence" or offense.
4. "Bodily injury" means bodily harm or
This requirement applies only when injury, sickness, disease, disability,
the "occurrence" or offense is known humiliation, shock, fright, mental an-
to an "authorized representative". guish or mental injury, including care,
loss of services or death resulting
However, no claim will be denied from any of these at any time.
based upon the insured's failure to
provide notice within such specified 13. Expected Or Intended Injury Redefined
time, unless this failure operates to
prejudice the rights of the insurer, as The last sentence of Exclusion 2.a. Ex-
per Missouri regulation 20CSR100- pected Or Intended Injury under Sec-
1.020. tion I - Coverage A - Bodily Injury And
Property Damage Liability is replaced by
11. Nonowned Aircraft the following:
The following is added to Exclusion 2.g. This exclusion does not apply to "bodily
Aircraft, Auto Or Watercraft under Sec- injury" or "property damage" resulting from
tion I - Coverage A - Bodily Injury And the use of reasonable force to protect per-
Property Damage Liability: sons or property.
This exclusion does not apply to an air- 14. Former Employees As Insureds
craft you do not own, provided that:
The following is added to Paragraph 2.
a. The pilot in command holds a current under Section II - Who Is An Insured:
effective certificate, issued by a duly
constituted authority of the United 2. Each of the following is also an in-
States of America or Canada, desig- sured:
nating that person as a commercial or Any of your former "employees", di-
airline transport pilot; rectors, managers, members, part-
b. The aircraft is rented with a trained, ners or "executive officers", including
paid crew; and but not limited to retired, disabled or
those on leave of absence, but only
c. The aircraft does not transport per- for acts within the scope of their em-
sons or cargo for a charge. ployment by you or for duties related
to the conduct of your business.
12. Bodily Injury Redefined
Includes copyrighted material of Insurance
GCP 203 MO 09 17 Services Office, Inc., with its permission. Page 13 of 13
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 140 of 187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MISSOURI CHANGES - GUARANTY ASSOCIATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
ELECTRONIC DATA LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCT WITHDRAWAL COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY
Missouri Property and Casualty Insurance Guaranty next preceding the date the insurer be-
Association Coverage Limitations comes insolvent; provided that an insured's
net worth on such date shall be deemed to
A. Subject to the provisions of the Missouri Prop- include the aggregate net worth of the in-
erty and Casualty Insurance Guaranty Associa- sured and all its affiliates as calculated on a
tion Act (to be referred to as the Act), if we are a consolidated basis.
member of the Missouri Property and Casualty
Insurance Guaranty Association (to be referred 2. Payments made by the Association for
to as the Association), the Association will pay covered claims will include only that amount
claims covered under the Act if we become in- of each claim which is less than $300,000.
solvent.
However, the Association will not:
B. The Act contains various exclusions, conditions
and limitations that govern a claimant's eligibility (1) Pay an amount in excess of the
to collect payment from the Association and af- applicable limit of insurance of the
fect the amount of any payment. The following policy from which a claim arises;
limitations apply subject to all other provisions of or
the Act: (2) Return to an insured any un-
1. Claims covered by the Association do not earned premium in excess of
include a claim by or against an insured of $25,000.
an insolvent insurer, if the insured has a net These limitations have no effect on the coverage we
worth of more than $25 million on the later will provide under this policy.
of the end of the insured's most recent fis-
cal year or December thirty-first of the year
CG 26 25 04 05 © ISO Properties, Inc., 2004
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 141 of 187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MISSOURI CHANGES - MEDICAL PAYMENTS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Paragraph 1.a. of Coverage C. Medical (1) The accident takes place in the
Payments is replaced with the following: "coverage territory" and during the
policy period;
1. Insuring Agreement
(2) The expenses are incurred and
a. We will pay medical expenses as reported to us within one year of
described below for "bodily injury" the date of the accident. How-
caused by an accident: ever, expenses reported to us
(1) On premises you own or rent; after one year of the date of the
accident will not be denied
(2) On ways next to premises you solely because of the late sub-
own or rent; or mission unless such late sub-
mission operates to prejudice
(3) Because of your operations; our rights; and
provided that: (3) The injured person submits to
examination, at our expense, by
physicians of our choice as of-
ten as we reasonably require.
CG 26 50 12 98 Copyright, Insurance Services Office, Inc., 1998
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 142 of 187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - SKIN TANNING
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following exclusion is added to Paragraph 2. Exclusions of SECTION I - COVERAGES, COVERAGE A.
BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Paragraph 2. Exclusions of SECTION I -
COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY:
This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising
out of tanning of human skin, whether by natural or artificial means.
GA 302 10 01
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 143 of 187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - ACCESS OR DISCLOSURE OF
CONFIDENTIAL OR PERSONAL INFORMATION AND
DATA-RELATED LIABILITY - WITH
LIMITED BODILY INJURY EXCEPTION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Exclusion 2.s. of Section I - Coverage A - ing out of that which is described in
Bodily Injury and Property Damage Liability Paragraph (1) or (2) above.
is replaced by the following:
However, unless Paragraph (1)
2. Exclusions above applies, this exclusion does
not apply to damages because of
This insurance does not apply to: "bodily injury".
s. Access or Disclosure of Confiden- B. The following is added to Paragraph 2. Exclu-
tial or Personal Information and sions of Section I - Coverage B - Personal
Data-Related Liability and Advertising Injury Liability:
Damages arising out of: 2. Exclusions
(1) Any access to or disclosure of This insurance does not apply to:
any person's or organization's
confidential or personal informa- Access or Disclosure of Confidential or
tion, including patents, trade se- Personal Information
crets, processing methods, cus-
tomer lists, financial information, "Personal and advertising injury" arising
credit card information, health in- out of any access to or disclosure of any
formation or any other type of person's or organization's confidential or
nonpublic information; or personal information, including patents,
trade secrets, processing methods, cus-
(2) The loss of, loss of use of, dam- tomer lists, financial information, credit
age to, corruption of, inability to card information, health information or any
access, or inability to manipulate other type of nonpublic information.
electronic data.
This exclusion applies even if damages
This exclusion applies even if dam- are claimed for notification costs, credit
ages are claimed for notification monitoring expenses, forensic expenses,
costs, credit monitoring expenses, fo- public relations expenses or any other
rensic expenses, public relations ex- loss, cost or expense incurred by you or
penses or any other loss, cost or ex- others arising out of any access to or dis-
pense incurred by you or others aris- closure of any person's or organization's
confidential or personal information.
Includes copyrighted material of Insurance
GA 3024 05 14 Services Office, Inc., with its permission.
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 144 of 187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COSMETOLOGISTS AND BARBERS
AMENDATORY ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. For insurance provided by this endorsement ning of human skin, whether by
only, Section I - Coverages is amended as natural or artificial means.
follows:
(5) The use, administration or appli-
1. Section I - Coverage A - Bodily Injury cation of any dye or coloring to
And Property Damage Liability, Para- eyelashes or eyebrows.
graph 2. Exclusions is amended to add:
(6) Preparation for, or use, admin-
This insurance does not apply to: istration or application of, or re-
moval of any form of permanent
a. Liability included within the "products- cosmetic makeup including but
completed operations hazard" arising not limited to micro pigment im-
out of goods or products manufac- plantation and tattooing.
tured, bottled, rebottled, packaged or
repackaged by the insured or sold (7) The application of chemicals to
under the insured's label. the skin which is intended to re-
move living tissues (skin peel-
b. "Bodily injury" or "property damage" ing).
arising out of a "professional inci-
dent". (8) The piercing of any part of the
human body.
This exclusion applies even if the
claims against any insured allege (9) The implantation or transplanta-
negligence or other wrongdoing in the tion of hair.
supervision, hiring, employment,
training or monitoring of others by 2. Section I - Coverage B - Personal And
that insured, if the "occurrence" which Advertising Injury Liability, Paragraph
caused the "bodily injury" or "property 2. Exclusions is amended to add:
damage" involved the rendering of or This insurance does not apply to:
failure to render any "professional
services". a. "Personal and advertising injury" aris-
ing out of goods or products manu-
c. Any liability arising out of: factured, bottled, rebottled, packaged
(1) Services rendered or prepara- or repackaged by the insured or sold
tions, products, apparatus, or under the insured's label.
equipment rendered or used in b. "Personal and advertising injury" aris-
violation of federal, state, munic- ing out of a "professional incident".
ipal or other laws or regulations.
This exclusion applies even if the
(2) Plastic surgery, or removal of claims against any insured allege
warts, moles or other growths. negligence or other wrongdoing in the
(3) The ownership, maintenance, supervision, hiring, employment,
operation or use of any appa- training or monitoring of others by
ratus using x-rays or other ioniz- that insured, if the offense which
ing radiation for removal of hair, caused the "personal and advertising
or any apparatus using a photo injury" involved the rendering of or
coagulation technique for remov- failure to render any "professional
ing of hair. services".
(4) Weight reducing treatments, c. Any liability arising out of:
body massage, steam baths, (1) Services rendered or prepara-
saunas, body wrapping, or tan- tions, products, apparatus, or
equipment rendered or used in
GA 4106 09 17 Page 1 of 3
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 145 of 187
violation of federal, state, munic- pendent contractors" is an in-
ipal or other laws or regulations. sured for:
(2) Plastic surgery, or removal of (1) "Bodily injury" or "personal
warts, moles or other growths. and advertising injury":
(3) The ownership, maintenance, (a) To you, to your partners
operation or use of any appa- or members (if you are
ratus using x-rays or other ioniz- a partnership or joint
ing radiation for removal of hair, venture), to your mem-
or any apparatus using a photo bers (if you are a lim-
coagulation technique for remov- ited liability company),
ing of hair. to a co-"employee" or
co-"independent con-
(4) Weight reducing treatments, tractor" while that co-
body massage, steam baths, "employee" or co-
saunas, body wrapping, or tan- "independent contrac-
ning of human skin, whether by tor" is either in the
natural or artificial means. course of his or her
(5) The use, administration or appli- employment or per-
cation of any dye or coloring to forming duties related
eyelashes or eyebrows. to the conduct of your
business, or to your
(6) Preparation for, or use, admin- other "volunteer work-
istration or application of, or re- ers" while performing
moval of any form of permanent duties related to the
cosmetic makeup including but conduct of your busi-
not limited to micro pigment im- ness;
plantation and tattooing.
(b) To the spouse, child,
(7) The application of chemicals to parent, brother or sister
the skin which is intended to re- of that co-"employee",
move living tissues (skin peel- co-"independent con-
ing). tractor" or "volunteer
worker" as a conse-
(8) The piercing of any part of the quence of Paragraph
human body. (1)(a) above;
(9) The implantation or transplanta- (c) For which there is any
tion of hair. obligation to share
B. For insurance provided by this endorsement damages with or repay
only, Section II - Who Is An Insured is someone else who
amended as follows: must pay damages be-
cause of the injury de-
Paragraph 2.a. is replaced by the follow- scribed in Paragraphs
ing: (1)(a) or (1)(b) above;
or
2. Each of the following is also an in-
sured: (d) Arising out of his or her
providing or failing to
a. Your "volunteer workers" only provide professional
while performing duties related health care services.
to the conduct of your business,
or your "employees" and "inde- (2) "Property damage" to prop-
pendent contractors", other than erty:
either your "executive officers" (if
you are an organization other (a) Owned, occupied or
than a partnership, joint venture used by;
or limited liability company) or (b) Rented to, in the care,
your managers (if you are a lim- custody or control of, or
ited liability company), but only over which physical
for acts within the scope of their control is being exer-
employment by you or while per- cised for any purpose
forming duties related to the by;
conduct of your business. How-
ever, none of these "employees", you, any of your "employ-
"volunteer workers" or "inde- ees", "volunteer workers",
GA 4106 09 17 Page 2 of 3
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 146 of 187
"independent contractors", 2. "Professional incident" means a negligent
any partner or member (if act, error, omission, or malpractice in fur-
you are a partnership or nishing or failing to furnish "professional
joint venture), or any mem- services" as a licensed barber or cos-
ber (if you are a limited lia- metologist.
bility company).
3. "Professional services" means only those
C. For insurance provided by this endorsement services legally sanctioned by the barber-
only, Section V - Definitions is amended as ing and cosmetology licensing laws or the
follows: regulations of the jurisdiction in which the
insured operates, including service as a
The following definitions are added: member or director of a formal accredita-
1. "Independent contractor" means a natural tion, standards review or similar profes-
person who provides "professional ser- sional board or committee.
vices" on your behalf.
GA 4106 09 17 Page 3 of 3
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 147 of 187
MISSOURI CHANGES
DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE,
CLAIM OR SUIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT
COMMERCIAL GENERAL LIABILITY EXTENDED LIABILITY ENDORSEMENT
CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT
It is agreed that Section C. Coverages,
1. Employee Benefit Liability Coverage, d.(1)2.b. Additional Conditions is deleted in its entirety and re-
placed by the following:
b. If a claim is made or "suit" is brought against any insured, you must see that we are notified as
soon as practicable of the claim or "suit".
GA 4150 MO 02 02
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 148 of 187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MISSOURI CHANGES
This endorsement modifies insurance provided under the following:
Commercial General Liability Coverage Form
Contractors' Limited Pollution Liability Coverage Form
Owners and Contractors Protective Liability Coverage Form - Coverage For Operations of
Designated Contractor
Railroad Protective Liability Coverage Form
In this Coverage Form, the definition of "Pollutants" is amended to add the following:
The definition of "pollutants" applies whether or not such irritant or contaminant has any function in or on
your business, operations, premises, site or location.
Includes copyrighted material of Insurance
GA 4287 MO 08 08 Services Office, Inc., with its permission.
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 149 of 187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CinciPak™
COMMERCIAL GENERAL LIABILITY AMENDATORY
ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
I. SECTION I - COVERAGES, COVERAGE A. tents of such premises, rented to you
BODILY INJURY AND PROPERTY DAMAGE for a period of 7 or fewer consecutive
LIABILITY, Paragraph 2. Exclusions is days, for which the amount we will
amended as follows: pay is limited to the Damage To
Premises Rented To You Limit as
A. Exclusion j. Damage to Property is de- described in SECTION III - LIMITS
leted in its entirety and replaced by the fol- OF INSURANCE.
lowing:
Paragraph (2) of this exclusion does
j. Damage to Property not apply if the premises are "your
"Property damage" to: work" and were never occupied,
rented or held for rental by you.
(1) Property you own, rent or oc-
cupy, including any costs or ex- Paragraphs (3), (4), (5) and (6) of this
penses incurred by you, or any exclusion do not apply to liability as-
other person, organization or en- sumed under a sidetrack agreement.
tity, for repair, replacement, en- Paragraph (6) of this exclusion does
hancement, restoration or main- not apply to "property damage" in-
tenance of such property for any cluded in the "products-completed
reason, including prevention of operations hazard".
injury to a person or damage to
another's property; B. The last Paragraph of 2. Exclusions is
deleted in its entirety and replaced by the
(2) Premises you sell, give away or following:
abandon, if the "property dam-
age" arises out of any part of Exclusions c. through q. do not apply to
those premises; "property damage" by fire, explosion,
lightning, smoke, soot or water to prem-
(3) Property loaned to you; ises while rented to you or temporarily oc-
(4) Personal property in the care, cupied by you with permission of the
custody or control of an insured; owner, for which the amount we will pay is
limited to the Damage to Premises
(5) That particular part of real prop- Rented To You Limit as described in
erty on which you or any contrac- SECTION III - LIMITS OF INSURANCE.
tors or subcontractors working
directly or indirectly on your be- II. SECTION I - COVERAGES, SUPPLEMEN-
half are performing operations, if TARY PAYMENTS - COVERAGES A AND B,
the "property damage" arises out is amended as follows:
of those operations; or A. Paragraph 2. is deleted in its entirety and
(6) That particular part of any prop- replaced by the following:
erty that must be restored, re- 2. Up to $1,000 for cost of bail bonds
paired or replaced because "your required because of accidents or traf-
work" was incorrectly performed fic law violations arising out of the
on it. use of any vehicle to which the Bodily
Paragraphs (1), (3) and (4) of this ex- Injury Liability Coverage applies. We
clusion do not apply to "property do not have to furnish these bonds.
damage" (other than damage by fire, B. Paragraph 4. is deleted in its entirety and
explosion, lightning, smoke, soot or replaced by the following:
water) to premises, including the con-
Includes copyrighted material of Insurance
GCP 201 05 11 Services Office, Inc. with its permission. Page 1 of 2
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 150 of 187
4. All reasonable expenses incurred by Insurance Paragraph b.(1)(b) is deleted in its
the insured at our request to assist us entirety and replaced by the following:
in the investigation or defense of the
claim or "suit", including actual loss of (b) That is Fire, Explosion, lightning, smoke,
earnings up to $500 a day because of soot or Water Damage insurance for
time off from work. premises rented to you or temporarily oc-
cupied by you with permission of the own-
III. SECTION III - LIMITS OF INSURANCE, er;
Paragraph 6. is deleted in its entirety and re-
placed by the following: V. SECTION V. - DEFINITIONS, Definition 12.
"Insured contract" Paragraph a. is deleted in
6. Subject to 5. above, the Damage to Prem- its entirety and replaced by the following:
ises Rented to You Limit is the most we
will pay under COVERAGE A. BODILY a. A contract for a lease of premises. How-
INJURY AND PROPERTY DAMAGE LI- ever, that portion of the contract for a
ABILITY for damages because of "prop- lease of premises that indemnifies any
erty damage" to any one premises, while person or organization for "property dam-
rented to you, or in the case of damage by age" by fire, explosion, lightning, smoke,
fire, explosion, lightning, smoke, soot or soot or water to premises while rented to
water, while rented to you or temporarily you or temporarily occupied by you with
occupied by you with permission of the permission of the owner is not an "insured
owner. contract";
IV. SECTION IV - COMMERCIAL GENERAL LI-
ABILITY CONDITIONS, Condition 5. Other
Includes copyrighted material of Insurance
GCP 201 05 11 Services Office, Inc. with its permission. Page 2 of 2
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 151 of 187
THE CINCINNATI CASUALTY COMPANY
COMMERCIAL UMBRELLA LIABILITY COVERAGE
PART DECLARATIONS
Previous Policy Number
Attached t o and forming part of POLICY NUMBER ECP 050 41 58 Effective Date: 09-08-2018
NAMED INSURED is the same as it appears in the Common Policy Declarations unless another entry is made here.
LIMITS OF INSURANCE
$ 2 ,000,000 Each Occurrence Limit $ 2 ,000,000 Aggregate Limit
ADVANCE PREMIUM $ 1,000
Applicable to Premium, if box is checked:
¨ Subject to Annual Adjustment
X
¨ Subject to Audit (see Premium Computation Endorsement for Rating Basis)
SCHEDULE OF UNDERLYING INSURANCE
Insurer, Policy Number & Period: Underlying Insurance: Underlying Limits:
(a) Employer's Liability Bodily Injury by Accident:
$ Each Accident
Bodily Injury by Disease:
$ Each Employee
Bodily Injury by Disease:
$ Policy Limit
(b) CINCINNATI CAS. CO. ¨Commercial General Liability
X Bodily Injury and Property Damage Liability:
ECP 050 41 58 Including: $ 1,000,000 Each Occurrence Limit
09-08-2018 TO 09-08-2021 ¨
X Products-Completed Opera- $ 2,000,000 General Aggregate Limit
tions Coverage $ 2,000,000 Products-Completed
Operations Aggregate
¨ Cemetery Professional Limit
¨ Druggist Professional
¨ Funeral Service Provider
¨ Pedorthists Professional
or Personal and Advertising Injury Limit:
$ 1,000,000 Any One Person or
¨ Business Liability Including: Organization
¨ Funeral Service Provider
¨ Druggist Professional
(c) CINCINNATI CAS. CO. Automobile Liability Bodily Injury Liability Limit:
EBA 050 41 58 Including: $ Each Person
09-08-2018 TO 09-08-2021 ¨Owned Autos $ Each Occurrence
¨Non-Owned Autos
X Property Damage Liability Limit:
¨
X Hired Autos $ Each Occurrence
¨Any Auto or
Bodily Injury Liability and / or Property Damage
Liability or Both Combined Limit:
$ 1,000,000 Each Occurrence
USQ513
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Filed 187 1 of 2
(d) CINCINNATI CAS. CO. Professional $ 1,000,000 Each Professional Incident
ECP 050 41 58 COSMETOLOGISTS AND $ 2,000,000 Aggregate
09-08-2018 TO 09-08-2021 BARBERS
(e) CINCINNATI CAS. CO. Employee Benefit Liability $ 1,000,000 Each Employee Limit
ECP 050 41 58 $ 3,000,000 Aggregate Limit
09-08-2018 TO 09-08-2021
(f) Liquor Liability $ Each Common Cause Limit
$ Aggregate Limit
Other
FORMS AND / OR ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART:
US101UM 12/04 COMMERCIAL UMBRELLA - TABLE OF CONTENTS
CU2624 04/05 MISSOURI CHANGES - GUARANTY ASSOCIATION
US302 12/04 POLLUTANT EXCLUSION - OTHER THAN AUTO
US304 12/04 AUTO EXCLUSION
US3067MO 02/09 MISSOURI CHANGES - POLLUTANT - OTHER THAN AUTO EXCLUSION
US3093 05/14 EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL
INFORMATION AND DATA-RELATED LIABILITY - WITH LIMITED BODILY INJURY
EXCEPTION
US376 12/04 TANNING EXCLUSION
US4027 12/04 COSMETOLOGIST AND BARBERS AMENDATORY ENDORSEMENT
US405 12/04 PROFESSIONAL LIABILITY COVERAGE
US4062 11/05 MOBILE EQUIPMENT SUBJECT TO MOTOR VEHICLE INSURANCE LAWS -
LIMITATION
US407 12/04 EMPLOYEE BENEFIT LIABILITY
US4076MO 08/08 MISSOURI CHANGES
US4098 04/10 OFFICE OF FOREIGN ASSETS CONTROL (OFAC) COMPLIANCE ENDORSEMENT
USQ513
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Filed 187 2 of 2
COMMERCIAL UMBRELLA - TABLE OF CONTENTS
Coverage Part Provision: Begins on Page:
Preamble ................................................................................................................................................................. 3
SECTION I - COVERAGE: ...................................................................................................................................... 3
A. Insuring Agreement ................................................................................................................................ 3
B. Exclusions:............................................................................................................................................... 4
1. Asbestos ............................................................................................................................................ 4
2. Breach of Contract, Failure to Perform, Wrong Description and
Violation of Another's Rights ............................................................................................................. 4
3. Contractual Liability ........................................................................................................................... 4
4. Damage to Impaired Property or Property Not Physically Injured................................................... 4
5. Damage to Property .......................................................................................................................... 4
6. Damage to Your Product................................................................................................................... 4
7. Damage to Your Work....................................................................................................................... 4
8. Distribution of Material in Violation of Statutes ................................................................................. 5
9. Electronic Chatrooms or Bulletin Boards.......................................................................................... 5
10. Electronic Data................................................................................................................................... 5
11. Employer's Liability Limitation ........................................................................................................... 5
12. Employment-Related Practices......................................................................................................... 5
13. Expected or Intended Injury .............................................................................................................. 5
14. Falsity, Prior Publication, Criminal Act and Media and Internet Type Businesses ......................... 6
15. Infringement of Copyright, Patent, Trademark or Trade Secret ...................................................... 6
16. Pollutant - Auto .................................................................................................................................. 6
17. Pollutant - Other Than Auto............................................................................................................... 7
18. Recall of Products, Work or Impaired Property................................................................................ 9
19. Unauthorized Use of Another's Name or Product............................................................................ 9
20. Uninsured / Underinsured Motorist................................................................................................... 9
21. War ..................................................................................................................................................... 9
22. Workers' Compensation .................................................................................................................... 9
C. Defense and Supplementary Payments............................................................................................... 9
SECTION II - WHO IS AN INSURED .................................................................................................................... 10
SECTION III - LIMITS OF INSURANCE................................................................................................................ 11
SECTION IV - CONDITIONS:................................................................................................................................ 12
1. Appeals.................................................................................................................................................... 12
2. Audit......................................................................................................................................................... 13
3. Bankruptcy............................................................................................................................................... 13
4. Duties in the Event of Occurrence, Claim or Suit .................................................................................. 13
5. First Named Insured................................................................................................................................ 13
6. Legal Action Against Us and Loss Payments........................................................................................ 13
7. Liberalization ........................................................................................................................................... 14
8. Maintenance of Underlying Insurance ................................................................................................... 14
9. Other Insurance ...................................................................................................................................... 14
10. Premium .................................................................................................................................................. 14
11. Representations ...................................................................................................................................... 14
12. Separation of Insureds............................................................................................................................ 14
13. Transfer of Rights of Recovery Against Others to Us ........................................................................... 15
14. When We Do Not Renew........................................................................................................................ 15
SECTION V - DEFINITIONS:................................................................................................................................. 15
1. "Advertisement"....................................................................................................................................... 15
2. "Authorized representative" .................................................................................................................... 15
3. "Auto" ....................................................................................................................................................... 15
4. "Bodily injury"........................................................................................................................................... 16
5. "Coverage term"...................................................................................................................................... 16
6. "Coverage territory"................................................................................................................................. 16
Includes copyrighted material of ISO
US 101 UM 12 04 Properties, Inc., with its permission. Page 1 of 22
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 154 of 187
Coverage Part Provision: Begins on Page:
7. "Electronic data" ...................................................................................................................................... 16
8. "Employee" .............................................................................................................................................. 16
9. "Executive officer" ................................................................................................................................... 16
10. "Hostile fire" ............................................................................................................................................. 16
11. "Impaired property" ................................................................................................................................. 16
12. "Insured contract".................................................................................................................................... 16
13. "Leased worker" ...................................................................................................................................... 17
14. "Loading or unloading"............................................................................................................................ 17
15. "Mobile equipment" ................................................................................................................................. 18
16. "Occurrence" ........................................................................................................................................... 18
17. "Personal and advertising injury"............................................................................................................ 18
18. "Pollutants" .............................................................................................................................................. 19
19. "Products-completed operations hazard" .............................................................................................. 19
20. "Property damage".................................................................................................................................. 19
21. "Subsidiary" ............................................................................................................................................. 19
22. "Suit" ........................................................................................................................................................ 19
23. "Temporary worker" ................................................................................................................................ 20
24. "Ultimate net loss" ................................................................................................................................... 20
25. "Underlying insurance" ........................................................................................................................... 20
26. "Underlying limit" ..................................................................................................................................... 20
27. "Workplace" ............................................................................................................................................. 20
28. "Your product" ......................................................................................................................................... 20
29. "Your work".............................................................................................................................................. 20
NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT ....................................................................... 21
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COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM
Various provisions in this Coverage Part restrict that the "personal and advertising
this insurance. Read the entire Coverage Part injury" offense had been committed
carefully to determine rights, duties and what is or had begun to be committed, in
and is not covered. whole or in part.
Throughout this Coverage Part the words "you" 3. "Bodily injury" or "property damage"
and "your" refer to the Named Insured shown in which:
the Declarations, and any other person or organi-
zation qualifying as a Named Insured under this a. Occurs during the "coverage term";
Coverage Part. The words "we", "us" and "our" and
refer to the Company providing this insurance. b. Was not, prior to the "coverage
The word "insured" means any person or organi- term", known by you, per Paragraph
zation qualifying as such under SECTION II - WHO 5. below, to have occurred;
IS AN INSURED. includes any continuation, change or re-
Other words and phrases that appear in quotation sumption of that "bodily injury" or "prop-
marks have special meaning. Refer to SECTION erty damage" after the end of the "cover-
V - DEFINITIONS. age term" in which it first became known
by you.
SECTION I - COVERAGE
4. "Personal and advertising injury" caused
A. Insuring Agreement by an offense which:
1. We will pay on behalf of the insured the a. Was committed during the "coverage
"ultimate net loss" which the insured is term"; and
legally obligated to pay as damages for
"bodily injury", "personal and advertising b. Was not, prior to the "coverage
injury" or "property damage" to which this term", known by you, per Paragraph
insurance applies: 5. below, to have been committed;
a. Which is in excess of the "underlying includes any continuation, change or re-
insurance"; or sumption of that "personal and advertis-
ing injury" offense after the end of the
b. Which is either excluded or not in- "coverage term" in which it first became
sured by "underlying insurance". known by you.
2. This insurance applies to "bodily injury", 5. You will be deemed to know that "bodily
"personal and advertising injury" or injury" or "property damage" has oc-
"property damage" only if: curred, or that a "personal and advertis-
ing injury" offense has been committed at
a. The "bodily injury", "personal and the earliest time when any "authorized
advertising injury" or "property dam- representative":
age" is caused by an "occurrence"
that takes place in the "coverage ter- a. Reports all, or any part, of the "bodily
ritory"; and injury", "personal and advertising in-
jury" or "property damage" to us or
b. The "bodily injury" or "property dam- any other insurer;
age" occurs during the policy period
shown in the Declarations; or b. Receives a written or verbal demand
or claim for damages because of the
c. The "personal and advertising injury" "bodily injury", "personal and adver-
results from an "occurrence" that tising injury" or "property damage";
takes place during the policy period
shown in the Declarations; and c. First observes, or reasonably should
have first observed, the "bodily in-
d. Prior to the "coverage term" in which jury" or "property damage", or the
"bodily injury" or "property damage" offense that caused the "personal
occurs, or a "personal and advertis- and advertising injury";
ing injury" offense is committed, you
did not know, per Paragraph 5. be- d. Becomes aware, or reasonably
low, that the "bodily injury" or "prop- should have become aware, by any
erty damage" had occurred or had means, other than as described in c.
begun to occur, in whole or in part, or above, that "bodily injury" or "prop-
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erty damage" had occurred or had and advertising injury" or "property dam-
begun to occur, or that the "personal age":
and advertising injury" offense had
been committed or had begun to be a. That the insured would have in the
committed; or absence of the contract or agree-
ment; or
e. Becomes aware, or reasonably
should have become aware, of a b. Assumed in a contract or agreement
condition from which "bodily injury", that is an "insured contract", pro-
"personal and advertising injury" or vided the "bodily injury", "personal
"property damage" is substantially and advertising injury" or "property
certain to occur. damage" occurs subsequent to the
execution of the contract or agree-
6. The amount we will pay for damages is ment.
limited as described in SECTION III -
LIMITS OF INSURANCE. 4. Damage to Impaired Property or Prop-
erty Not Physically Injured
No other obligation or liability to pay sums or
perform acts or services is covered, unless "Property damage" to "impaired property"
expressly provided for under SECTION I - or property that has not been physically
COVERAGE, C. Defense and Supplemen- injured, arising out of:
tary Payments. a. A defect, deficiency, inadequacy or
B. Exclusions dangerous condition in "your prod-
uct" or "your work"; or
This insurance does not apply to:
b. A delay or failure by you or anyone
1. Asbestos acting on your behalf to perform a
contract or agreement in accordance
Any liability arising out of, attributable to with its terms.
or any way related to asbestos in any
form or transmitted in any manner. This exclusion does not apply to the loss
of use of other property arising out of
2. Breach of Contract, Failure to Perform, sudden and accidental physical injury to
Wrong Description and Violation of "your product" or "your work" after it has
Another's Rights been put to its intended use.
"Personal and advertising injury": 5. Damage to Property
a. Arising out of breach of contract, ex- "Property damage" to property owned by
cept an implied contract to use an- any insured, including any costs or ex-
other's advertising idea in your "ad- penses incurred by you, or any other
vertisement"; person, organization or entity, for repair,
b. Arising out of the failure of goods, replacement, enhancement, restoration
products or services to conform with or maintenance of such property for any
any statement of quality or perform- reason, including prevention of injury to a
ance made in your "advertisement"; person or damage to another's property.
c. Arising out of the wrong description 6. Damage to Your Product
of the price of goods, products or "Property damage" to "your product"
services stated in your "advertise- arising out of it or any part of it.
ment"; or
7. Damage to Your Work
d. Caused by or at the direction of the
insured with the knowledge that the "Property damage" to "your work" arising
act would violate the rights of an- out of it or any part of it and included in
other and would inflict "personal and the "products-completed operations haz-
advertising injury". ard".
3. Contractual Liability This exclusion does not apply if the dam-
aged work or the work out of which the
Any liability for which the insured is obli- damage arises was performed on your
gated to pay damages by reason of the behalf by a subcontractor.
assumption of liability in a contract or
agreement. This exclusion does not ap-
ply to liability for "bodily injury", "personal
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8. Distribution of Material in Violation of would have been provided by such listed
Statutes "underlying insurance" except for the ex-
haustion by payment of claims of its limits
Any liability arising directly or indirectly of insurance, and then only for such haz-
out of any action or omission that violates ards for which coverage is provided by
or is alleged to violate: such "underlying insurance", unless oth-
a. The Telephone Consumer Protection erwise excluded by this Coverage Part.
Act (TCPA), including any amend- 12. Employment-Related Practices
ment of or addition to such law;
Any liability arising from any injury to:
b. The CAN-SPAM Act of 2003, includ-
ing any amendment of or addition to a. A person arising out of any:
such law; or
(1) Refusal to employ that person;
c. Any statute, ordinance or regulation,
other than the TCPA or CAN-SPAM (2) Termination of that person's
Act of 2003, that prohibits or limits employment; or
the sending, transmitting, communi- (3) Other employment-related prac-
cating or distribution of material or tices, policies, acts or omissions
information. including but not limited to coer-
9. Electronic Chatrooms or Bulletin cion, criticism, demotion,
Boards evaluation, failure to promote,
reassignment, discipline, defa-
"Personal and advertising injury" arising mation, harassment, humiliation
out of an electronic chatroom or bulletin or discrimination directed at that
board the insured hosts, owns, or over person; or
which the insured exercises control.
b. The spouse, child, parent, brother or
10. Electronic Data sister of that person as a conse-
quence of any injury to that person at
Damages arising out of the loss of, loss whom any of the employment-related
of use of, damage to, corruption of, in- practices described in Paragraphs
ability to access, or inability to manipulate (1), (2), or (3) above is directed.
"electronic data".
This exclusion applies:
11. Employer's Liability Limitation
a. Whether the insured may be liable
Any liability arising from any injury to: as an employer or in any other ca-
a. An "employee" of the insured sus- pacity; and
tained in the "workplace"; b. To any obligation to share damages
b. An "employee" of the insured arising with or repay someone else who
out of the performance of duties re- must pay damages because of the
lated to the conduct of the insured's injury.
business; or 13. Expected or Intended Injury
c. The spouse, child, parent, brother or "Bodily injury" or "property damage"
sister of that "employee" as a conse- which may reasonably be expected to re-
quence of a. or b. above. sult from the intentional or criminal acts of
This exclusion applies: the insured or which is in fact expected or
intended by the insured, even if the injury
a. Whether the insured may be liable or damage is of a different degree or type
as an employer or in any other ca- than actually intended or expected.
pacity; and
However, this exclusion does not apply
b. To any obligation to share damages to:
with or repay someone else who
must pay damages because of the a. "Bodily injury" resulting from the use
injury. of reasonable force to protect per-
sons or property; or
This exclusion does not apply when such
insurance is provided by valid and col- b. "Bodily injury" or "property damage"
lectible "underlying insurance" listed in resulting from the use of reasonable
the Schedule of Underlying Insurance, or force to prevent or eliminate danger
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in the operation of "autos" or water- 16. Pollutant - Auto
craft.
a. "Bodily injury" or "property damage"
14. Falsity, Prior Publication, Criminal Act arising out of the actual, alleged or
and Media and Internet Type Busi- threatened discharge, dispersal,
nesses seepage, migration, release, emis-
sion or escape of "pollutants":
"Personal and advertising injury":
(1) That are, or that are contained in
a. Arising out of oral or written publica- any property that is:
tion of material, if done by or at the
direction of the insured with knowl- (a) Being transported or towed
edge of its falsity; by, handled, or handled for
movement into, onto or
b. Arising out of oral or written publica- from, an "auto" that an in-
tion of material whose first publica- sured owns, hires, borrows,
tion took place before the later of the rents, leases, or that is op-
following: erated on their behalf in any
(1) The inception of this Coverage other fashion;
Part; or (b) Otherwise in the course of
(2) The "coverage term" in which transit by or on behalf of the
insurance coverage is sought; insured; or
c. Arising out of a criminal act commit- (c) Being stored, disposed of,
ted by or at the direction of the in- treated or processed in or
sured; or upon an "auto" that an in-
sured owns, hires, borrows,
d. Committed by an insured whose rents, leases, or that is op-
business is: erated on their behalf in any
other fashion;
(1) Advertising, broadcasting, pub-
lishing or telecasting; (2) Before the "pollutants" or any
property in which the "pollutants"
(2) Designing or determining con- are contained are moved from
tent of web-sites for others; or the place where they are ac-
(3) An Internet search, access, cepted by the insured for
content or service provider. movement into or onto an "auto"
that an insured owns, hires, bor-
However, Paragraph d. does not rows, rents, leases, or that is
apply to Paragraphs 17.a., b., c., d. operated on their behalf in any
and i. of "personal and advertising other fashion; or
injury" under SECTION V - DEFINI-
TIONS. (3) After the "pollutants" or any
property in which the "pollutants"
For the purposes of Paragraph d., are contained are moved from
the placing of frames, borders or an "auto" that an insured owns,
links, or advertising, for you or oth- hires, borrows, rents, leases, or
ers anywhere on the Internet, is not that is operated on their behalf
by itself, considered the business of in any other fashion to the place
advertising, broadcasting, publishing where they are finally delivered,
or telecasting. disposed of or abandoned by
the insured.
15. Infringement of Copyright, Patent,
Trademark or Trade Secret Paragraph (1) above does not apply
to "bodily injury" or "property dam-
"Personal and advertising injury" arising age" arising from fuels, lubricants, or
out of the infringement of copyright, pat- other operating fluids, exhaust gases
ent, trademark, trade secret or other in- or other similar "pollutants" that are
tellectual property rights. needed for or result from the normal
However, this exclusion does not apply to electrical, hydraulic or mechanical
infringement in your "advertisement", of functioning of an "auto" that an in-
copyright, trade dress or slogan. sured owns, hires, borrows, rents,
leases, or that is operated on their
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Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 159 of 187
behalf in any other fashion or its (1) At or from any premises, site or
parts, if: location which is or was at any
time owned or occupied by, or
(a) The "pollutants" escape, seep, rented or loaned to, any insured.
migrate, or are discharged, dis-
persed or released directly from However, Paragraph a.(1) of this
an "auto" part designed by its exclusion does not apply to the
manufacturer to hold, store, re- following if such liability is cov-
ceive or dispose of such "pollut- ered by "underlying insurance"
ants"; and listed in the Schedule of Under-
lying Insurance, but only to the
(b) The "bodily injury" or "property extent insurance is provided at
damage" does not arise out of the "underlying limit" specified in
the operation of any equipment the Schedule of Underlying In-
listed in Paragraphs f.(2) and (3) surance for the "underlying in-
of the definition of "mobile surance" listed and subject to all
equipment". its terms, limitations and condi-
However, this exception to Para- tions:
graph (1) does not apply if the fuels, (a) "Bodily injury", if sustained
lubricants, or other operating fluids, within a building and
exhaust gases or other similar "pol- caused by smoke, fumes,
lutants" are intentionally discharged, vapor or soot produced by
dispersed, emitted or released. or originating from equip-
Paragraphs (2) and (3) above do not ment that is used to heat,
apply to an "occurrence" that occurs cool or dehumidify the
away from premises owned by or building, or equipment that
rented to an insured with respect to is used to heat water for
"pollutants" not in or upon an "auto" personal use by the build-
that an insured owns, hires, borrows, ing's occupants or their
rents, leases, or that is operated on guests;
their behalf in any other fashion if: (b) "Bodily injury" or "property
(a) The "pollutants" or any property damage" for which you may
in which the "pollutants" are be held liable, if you are a
contained are upset, overturned contractor, and the owner
or damaged as a result of the or lessee of such premises,
maintenance or use of an "auto" site or location has been
that an insured owns, hires, bor- added to your "underlying
rows, rents, leases, or that is insurance" as an additional
operated on their behalf in any insured with respect to your
other fashion; and ongoing operations or "your
work" performed for that
(b) The discharge, dispersal, seep- additional insured at that
age, migration, release, emis- premises, site or location
sion or escape of the "pollut- and such premises, site or
ants" is caused directly by such location is not and never
upset, overturn or damage. was owned or occupied by,
or rented or loaned to, any
b. Any liability caused by "pollutants" insured, other than that ad-
and arising from the operation, ditional insured; or
maintenance, use, "loading or un-
loading" of an "auto", for which in- (c) "Bodily injury" or "property
surance coverage is excluded by damage" arising out of heat,
"underlying insurance". smoke or fumes from a
"hostile fire";
17. Pollutant - Other Than Auto
(2) At or from any premises, site or
a. "Bodily injury" or "property damage" location which is or was at any
arising out of the actual, alleged or time used by or for any insured
threatened discharge, dispersal, or others for the handling, stor-
seepage, migration, release, emis- age, disposal, processing or
sion or escape of "pollutants": treatment of waste;
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(3) Which are or were at any time such insured, contractor or
transported, handled, stored, subcontractor;
treated, disposed of, or proc-
essed as waste by or for any in- (b) "Bodily injury" or "property
sured or any person or organi- damage" sustained within a
zation for whom you may be le- building and caused by the
gally responsible; release of gases, fumes or
vapors from materials
(4) At or from any premises, site or brought into that building in
location on which any insured or connection with operations
any contractors or subcontrac- being performed by you or
tors working directly or indirectly on your behalf by a con-
on any insured's behalf are tractor or subcontractor; or
performing operations, if the
"pollutants" are brought on or to (c) "Bodily injury" or "property
the premises, site or location in damage" arising out of heat,
connection with such operations smoke or fumes from a
by such insured, contractor or "hostile fire"; or
subcontractor. (5) At or from any premises, site or
However, Paragraph a.(4) of this location on which any insured or
exclusion does not apply to the any contractors or subcontrac-
following if such liability is cov- tors working directly or indirectly
ered by "underlying insurance" on any insured's behalf are
listed in the Schedule of Under- performing operations, if the op-
lying Insurance, but only to the erations are to test for, monitor,
extent insurance is provided at clean up, remove, contain, treat,
the "underlying limit" specified in detoxify or neutralize, or in any
the Schedule of Underlying In- way respond to or assess the
surance for the "underlying in- effects of, "pollutants".
surance" listed and subject to all b. "Personal and advertising injury"
its terms, limitations and condi- arising out of the actual, alleged or
tions: threatened discharge, dispersal,
(a) "Bodily injury" or "property seepage, migration, release, escape
damage" arising out of the or emission of "pollutants" at any
escape of fuels, lubricants time.
or other operating fluids c. Any loss, cost or expense arising out
which are needed to per- of any:
form the normal electrical,
hydraulic or mechanical (1) Request, demand, order or
functions necessary for the statutory or regulatory require-
operation of "mobile equip- ment that any insured or others
ment" or its parts, if such test for, monitor, clean up, re-
fuels, lubricants or other move, contain, treat, detoxify or
operating fluids escape neutralize, or in any way re-
from a vehicle part de- spond to, or assess the effects
signed to hold, store or re- of, "pollutants"; or
ceive them. This exception
does not apply if the "bodily (2) Claim or suit by or on behalf of a
injury" or "property damage" governmental authority for dam-
arises out of the intentional ages because of testing for,
discharge, dispersal or re- monitoring, cleaning up, remov-
lease of the fuels, lubricants ing, containing, treating, detoxi-
or other operating fluids, or fying or neutralizing, or in any
if such fuels, lubricants or way responding to, or assessing
other operating fluids are the effects of, "pollutants".
brought on or to the prem- However, this Paragraph c. does not
ises, site or location with the apply to liability for damages be-
intent that they be dis- cause of "property damage" that the
charged, dispersed or re- insured would have in the absence
leased as part of the opera- of such request, demand, order or
tions being performed by statutory or regulatory requirement,
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or such claim or "suit" by or on behalf 22. Workers' Compensation
of a governmental authority.
Any liability or obligation of the insured
d. Any liability caused by "pollutants", under any workers' compensation, un-
for which insurance coverage is ex- employment compensation, disability
cluded by "underlying insurance". benefits or similar law. However, this ex-
clusion does not apply to liability of others
18. Recall of Products, Work or Impaired assumed by you under an "insured con-
Property tract" in existence at the time of "occur-
Any liability or damages claimed for any rence".
loss, cost or expense incurred by you or C. Defense and Supplementary Payments
others for the loss of use, withdrawal, re-
call, inspection, repair, replacement, ad- 1. We will have the right and duty to defend
justment, removal or disposal of: the insured against any "suit" seeking
damages because of "bodily injury", "per-
a. "Your product"; sonal and advertising injury" or "property
b. "Your work"; or damage" to which this insurance applies.
We will have no duty to defend the in-
c. "Impaired Property"; sured against any "suit" seeking dam-
ages for "bodily injury", "personal and ad-
if such product, work or property is with- vertising injury" or "property damage" to
drawn or recalled from the market or from which this insurance does not apply. We
use by any person or organization be- may, at our discretion, investigate any
cause of a known or suspected defect, "occurrence" and settle any claim or "suit"
deficiency, inadequacy or dangerous that may result when:
condition in it.
a. The applicable limits of the "underly-
19. Unauthorized Use of Another's Name ing insurance" and any other insur-
or Product ance have been exhausted by pay-
"Personal and advertising injury" arising ment of claims; or
out of the unauthorized use of another's b. Damages are sought for "bodily in-
name or product in your e-mail address, jury", "personal and advertising in-
domain name or metatag or any other jury" or "property damage" which are
similar tactics to mislead another's poten- not covered by "underlying insur-
tial customers. ance" or other insurance.
20. Uninsured / Underinsured Motorist 2. Our right and duty to defend ends when
Any liability or obligation to any insured or the applicable Limits of Insurance, as
anyone else under any uninsured motor- stated in the Declarations, has been ex-
ist, underinsured motorist, automobile no- hausted by payment of claims.
fault or first party personal injury law. 3. We have no duty to investigate, settle or
21. War defend any claim or "suit" other than
those circumstances described in Para-
Any liability, however caused, arising di- graph C.1. However, we do have the
rectly or indirectly, out of: right to participate in the investigation,
settlement or defense of any claim or
a. War, including undeclared or civil "suit" to which this insurance applies. If
war; we exercise this right, we will do so at our
b. Warlike action by a military force, in- expense.
cluding action in hindering or de- 4. If there is no underlying insurer or other
fending against an actual or ex- insurance obligated to do so, we will pay
pected attack by any government, the following when we provide a defense:
sovereign or authority using military
personnel or other agents; or a. All expenses we incur.
c. Insurrection, rebellion, revolution, b. The cost of bail bonds up to $3,000.
usurped power or action taken by We do not have to furnish these
governmental authority in hindering bonds.
or defending against any of these.
c. The cost of bonds to appeal a judg-
ment or award in any claim or "suit"
we defend and the cost of bonds to
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release attachments, but only for SECTION II - WHO IS AN INSURED
bond amounts within the applicable
Limits of Insurance. We do not have 1. Except for liability arising out of the ownership,
to furnish these bonds. maintenance, occupancy or use of an "auto":
d. Reasonable expenses incurred by a. If you are designated in the Declarations
the insured at our request to assist as:
us in the investigation or defense of (1) An individual, you and your spouse
the claim or "suit", including the ac- are insureds, but only with respect to
tual loss of earnings. the conduct of a business of which
e. All costs taxed against the insured in you are the sole owner.
the "suit". (2) A partnership or joint venture, you
5. If there is no underlying insurer obligated are an insured. Your members,
to do so, we will pay the following for an partners and their spouses are also
"occurrence" to which this insurance ap- insureds, but only with respect to the
plies, even if we have no duty to provide conduct of your business.
a defense: (3) A limited liability company, you are
a. Prejudgment interest awarded an insured. Your members are also
against the insured on that part of insureds, but only with respect to the
the judgment we become obligated conduct of your business. Your
to pay and which falls within the ap- managers are insureds, but only with
plicable Limit of Insurance. If we respect to their duties as your man-
make an offer to pay the applicable agers.
Limits of Insurance, we will not pay (4) An organization other than a part-
any prejudgment interest based on nership, joint venture, or limited li-
the period of time after the offer. ability company, you are an insured.
b. All interest awarded against the in- Your "executive officers" and direc-
sured on the full amount of any tors are insureds, but only with re-
judgment that accrues: spect to their duties as your officers
or directors. Your stockholders are
(1) After entry of the judgment; and also insureds, but only with respect
to their liability as stockholders.
(2) Before we have paid, offered to Each of the following is also a
pay or deposited in court the Named Insured:
part of the judgment that is
within the applicable Limit of In- (a) Any "subsidiary" company of
surance. such organization, including any
"subsidiary" of such "subsidi-
6. The payments described in Paragraphs ary":
4. and 5. above will not reduce the Limits
of Insurance provided by this Coverage 1) Existing at the inception of
Part when defense or supplementary this Coverage Part; or
payments provided by the "underlying in-
surance" do not reduce their Limits of In- 2) Formed or acquired on or
surance. However, when defense or after the inception of this
supplementary payments provided by the Coverage Part.
"underlying insurance" reduce their Limits (b) Any other company controlled
of Insurance then such expense pay- and actively managed by such
ments paid by us will reduce the Limits of organization or any "subsidiary"
Insurance provided by this Coverage thereof:
Part.
1) At the inception of this Cov-
7. If we are prevented by law or otherwise erage Part; or
from carrying out any of the provisions of
SECTION I - COVERAGE, C. Defense 2) If the control and active
and Supplementary Payments, we will management thereof is ac-
pay any expense incurred with our written quired on or after the incep-
consent. tion of this Coverage Part.
(5) A trust, you are an insured. Your
trustees are also insureds, but only
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with respect to their duties as trus- (b) The "bodily injury" or "property
tees. damage" is sustained by a co-
"employee" of such "employee".
b. Each of the following is also an insured:
(3) Someone using an "auto" while he or
(1) Any "employee" of yours while acting she is working in a business of sell-
within the scope of their duties as ing, servicing, repairing, parking or
such. storing "autos", unless that business
(2) Any person or organization while is yours.
acting as your real estate manager. (4) Anyone other than your "employ-
(3) Any person or organization having ees", partners (if you are a partner-
proper temporary custody of your ship), members (if you are a limited
property if you die, but only: liability company), or a lessee or bor-
rower or any of their "employees",
(a) With respect to liability arising while moving property to or from an
out of the maintenance or use of "auto".
that property; and
c. Anyone liable for the conduct of an in-
(b) Until your legal representative sured described in Paragraphs 2.a. and
has been appointed. b. above is also an insured, but only if
they are provided insurance coverage for
(4) Your legal representative if you die, such liability by valid and collectible "un-
but only with respect to duties as derlying insurance" listed in the Schedule
such. of Underlying Insurance and then only for
2. Only with respect to liability arising out of the such hazards for which coverage is pro-
ownership, maintenance, occupancy or use of vided by such "underlying insurance".
an "auto": 3. At your option and subject to the terms of this
a. You are an insured. insurance, any additional insureds not ad-
dressed by Paragraphs 1. and 2. above cov-
b. Anyone else while using with your per- ered in the "underlying insurance" listed in the
mission an "auto" you own, hire or borrow Schedule of Underlying Insurance are also in-
is also an insured except: sureds, but only to the extent that insurance is
provided for such additional insureds there-
(1) The owner or any other person or under.
organization (except your "executive
officers" or principals) from whom No person or organization is an insured with re-
you hire or borrow an "auto", unless spect to the conduct of any current or past part-
such persons or organizations are nership, joint venture, or limited liability company
insureds in your "underlying insur- that is not shown as a Named Insured in the Dec-
ance" listed in the Schedule of Un- larations.
derlying Insurance, and then only for
such hazards for which coverage is SECTION III - LIMITS OF INSURANCE
provided by such "underlying insur- 1. The Limits of Insurance shown in the Declara-
ance". This exception does not ap- tions and the rules below fix the most we will
ply if the "auto" is a trailer or semi- pay regardless of the number of:
trailer connected to an "auto" you
own. a. Insureds;
(2) Your "employee", if the "auto" is b. Claims made or "suits" brought; or
owned by that "employee" or a
member of his or her household, c. Persons or organizations making claims
unless: or bringing "suits".
(a) Such "employee" is an insured 2. The Aggregate Limit is the most we will pay
with respect to that "auto" in the for all damages:
"underlying insurance" listed in a. Included in the "products-completed op-
the Schedule of Underlying In- erations hazard";
surance, and then only for such
hazards for which coverage is b. Because of "bodily injury" by disease
provided by such "underlying in- sustained by your "employees" arising
surance"; or out of and in the course of their employ-
ment by you; or
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c. Because of "bodily injury", "personal and ongoing improvements, alterations,
advertising injury" or "property damage" installation, demolition or mainte-
not included within a. or b. above. How- nance work performed by you or on
ever, this Aggregate Limit will not apply to your behalf at the same location for
damages which are not subject to an Ag- the same persons or entities, no
gregate Limit in the "underlying insur- matter how often or under how many
ance". different contracts, will be deemed to
be a single construction project.
The Aggregate Limit applies separately to a.,
b. and c. The Aggregate Limit described in c. 4. Subject to the limits described in 2. and 3.
will apply only to damages not subject to a. or above, the Each Occurrence Limit is the most
b. above. we will pay for the "ultimate net loss":
3. Subject to the Limit of Insurance described in a. In excess of the applicable limits of "un-
2.c. above: derlying insurance"; or
a. Only in the event that "underlying insur- b. If an "occurrence" is not covered by "un-
ance" specifically listed in the Schedule of derlying insurance", but covered by the
Underlying Insurance provides an annual terms and conditions of this Coverage
Aggregate Limit of Insurance for dam- Part,
ages that would not be subject to 2.a. or
b. above that is applicable separately to Because of all "bodily injury", "personal and
each: advertising injury" and "property damage"
arising out of any one "occurrence".
(1) Location owned by, or rented or
leased to you solely with respect to We will not pay more than the Limit of Insur-
damages which are the result of a ance shown in this Coverage Part's Declara-
claim or "suit" for "bodily injury" or tions for each "occurrence" because any Per-
"property damage" which can be at- sonal Umbrella Liability Policy(ies) is / are at-
tributed to operations at only a single tached to this policy.
location, then the Aggregate Limit 5. Subject to the limits described in 2., 3. and 4.
described in 2.c. above applies above and to the terms and conditions of the
separately to each location owned "underlying insurance":
by, or rented or leased to you.
a. If the limits of "underlying insurance"
(2) Of your construction projects solely have been reduced by payment of
with respect to damages which are claims, this Coverage Part will continue in
the result of a claim or "suit" for "bod- force as excess of the reduced "underly-
ily injury" or "property damage" ing insurance"; or
which can be attributed only to on-
going operations and only at a single b. If the limits of "underlying insurance"
construction project, then the Aggre- have been exhausted by payment of
gate Limit described in 2.c. above claims, this Coverage Part will continue in
applies separately to each of your force as "underlying insurance".
construction projects.
6. The Limits of Insurance of this Coverage Part
b. Only with respect to the application of apply separately to each "coverage term".
Limits of Insurance described in 3.a.
above, the following terms location and SECTION IV - CONDITIONS
construction project will have the follow- 1. Appeals
ing meanings:
If the insured or any insurer who provides the
(1) Location means premises involving applicable "underlying insurance" elects not to
the same or connecting lots, or appeal a judgment which exceeds the "un-
premises whose connection is inter- derlying limit", we may elect to do so at our
rupted only by a street, roadway, own expense. We shall be liable for the tax-
waterway or right-of-way of a rail- able costs and disbursements and interest in-
road. cidental thereto, but in no event shall this pro-
(2) Construction project means a loca- vision increase our liability beyond:
tion you do not own, rent or lease a. Our applicable Limits of Insurance for all
where ongoing improvements, al- "ultimate net loss";
terations, installation, demolition or
maintenance work is performed by b. Our applicable Defense and Supple-
you or on your behalf. All connected mentary Payments as described in SEC-
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TION I - COVERAGE, C. Defense and b. If a claim is made or "suit" is brought
Supplementary Payments; and against any insured that is likely to in-
volve this Coverage Part, you must:
c. The expense of such appeal.
(1) Immediately record the specifics of
2. Audit the claim or "suit" and the date re-
If this Coverage Part is subject to Audit, as in- ceived; and
dicated in the Declarations, then the following (2) Notify us as soon as practicable.
Condition applies:
This requirement will not be considered
a. The premium shown in the Premium breached unless the breach occurs after
Computation Endorsement as Advance such claim or "suit" is known to an
Premium is a deposit premium. At the "authorized representative".
close of each audit period, we will com-
pute the earned premium for that period. c. You and any other involved insured must:
If:
(1) Immediately send us copies of any
(1) The earned premium is less than the demands, notices, summonses or
deposit premium, we will return the legal papers received in connection
excess to the first Named Insured; or with the claim or "suit";
(2) The earned premium is greater than (2) Authorize us to obtain records and
the deposit premium, the difference other information;
will be due and payable to us by the
first Named Insured upon notice from (3) Cooperate with us in the investiga-
us. The due date for audit and retro- tion or settlement of the claim or de-
spective premiums is the date shown fense against the "suit"; and
as the due date on the bill. (4) Assist us, upon our request, in the
However, in no event will the earned enforcement of any right against any
premium be less than the Minimum Pre- person or organization which may be
mium stated in the Premium Computation liable to the insured because of in-
Endorsement. jury or damage to which this insur-
ance may also apply.
b. The first Named Insured must keep rec-
ords of the information we need for pre- d. No insured will, except at that insured's
mium computation, and send us copies at own cost, voluntarily make a payment,
such times as we may request. assume any obligation, or incur any ex-
pense, other than for first aid, without our
3. Bankruptcy consent.
Bankruptcy or insolvency of the insured or the 5. First Named Insured
insured's estate shall not relieve us of any ob-
ligations under this Coverage Part. The person or organization first named in the
Declarations will act on behalf of all other in-
4. Duties in the Event of Occurrence, Claim or sureds where indicated in this Coverage Part.
Suit
6. Legal Action Against Us and Loss Pay-
a. You must see to it that we are notified as ments
soon as practicable of an "occurrence"
which may result in a claim or "suit". To a. No legal action may be brought against
the extent possible, notice should in- us unless there has been full compliance
clude: with all the terms of this Coverage Part
nor until the amount of the insured's obli-
(1) How, when and where the "occur- gation to pay has been finally determined
rence" took place; as provided below. No person or organi-
zation has any right under this Coverage
(2) The names and addresses of any Part to bring us into any action to deter-
injured persons and witnesses; and mine the liability of the insured.
(3) The nature and location of any injury b. We shall be liable for payment of the "ul-
or damage arising out of the "occur- timate net loss" for any "occurrence" to
rence". which this Coverage Part applies:
This requirement applies only when the (1) For "occurrences" not covered by
"occurrence" is known to an "authorized "underlying insurance"; or
representative".
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(2) In excess of the "underlying limit" d. The limits of "underlying insurance" shall
applicable to the "occurrence" only be deemed applicable, regardless of any
after the insurers who provide the defense which the insurer who provides
applicable "underlying insurance" the "underlying insurance" may assert
have paid or become obligated to because of the insured's failure to comply
pay the amount of the "underlying with any Condition of the policy or the in-
limit" applicable to the "occurrence". ability of the insurer to pay by reason of
bankruptcy or insolvency.
Our payment will be made following final
determination of the amount of the in- 9. Other Insurance
sured's obligation to pay either by final
judgment against the insured or by writ- This insurance is excess over, and shall not
ten agreement with the insured, the contribute with any other insurance, whether
claimant, the underlying insurers and us. primary, excess, contingent or on any other
basis. This condition will not apply to insur-
7. Liberalization ance specifically written as excess over this
Coverage Part.
If, within 60 days prior to the beginning of this
Coverage Part or during the policy period, we 10. Premium
make any changes to any forms or endorse-
ments of this Coverage Part for which there is The premium for this Coverage Part shall be
currently no separate premium charge, and as stated in the Declarations. The advance
that change provides more coverage than this and anniversary premiums are not subject to
Coverage Part, the change will automatically adjustment, except as stated in the Declara-
apply to this Coverage Part at the latter of: tions, or as stated in an endorsement issued
by us to form a part of this Coverage Part.
a. The date we implemented the change in
your state; or You shall maintain records of such information
as is necessary for premium computation, and
b. The date this Coverage Part became ef- shall, if requested by us, send copies of such
fective; and records to us at the end of the "coverage
term" and at such times during the policy pe-
Will be considered as included until the end of riod as we may direct.
the current policy period. We will make no
additional premium charge for this additional 11. Representations
coverage during the interim.
a. By acceptance of this Coverage Part, you
8. Maintenance of Underlying Insurance agree that the statements in the Declara-
tions are your agreements and repre-
a. While this Coverage Part is in effect, the sentations, that this Coverage Part is is-
insured shall maintain in force the "un- sued in reliance upon the truth of such
derlying insurance" listed in the Schedule representations and that this Coverage
of Underlying Insurance as collectible in- Part embodies all agreements existing
surance. The terms, conditions and en- between you and us or any of our agents
dorsements of "underlying insurance" will relating to this insurance.
not materially change and renewals or
replacements of "underlying insurance" b. However, to the extent that the following
will not be more restrictive in coverage. applies in the "underlying insurance"
listed specifically in the Schedule of Un-
b. Limits of "underlying insurance" will not derlying Insurance, it will also apply to
be reduced, except for any reduction or this Coverage Part:
exhaustion in the aggregate limits of in-
surance due to payment of claims which Based on our reliance upon your repre-
are in accordance with SECTION I - sentations as to existing hazards, if un-
COVERAGE, A. Insuring Agreement, intentionally you should fail to disclose all
Paragraph 2. of this Coverage Part. such hazards at the inception date of this
Coverage Part, we will not reject cover-
c. In the event you fail or neglect to maintain age under this Coverage Part based
"underlying insurance" as required, this solely on such failure.
Coverage Part will apply as though such
"underlying insurance" was in force and 12. Separation of Insureds
collectible at the time a claim is presented
to us which is in accordance with SEC- Except with respect to the Limits of Insurance,
TION I - COVERAGE, A. Insuring and any rights or duties specifically assigned
Agreement, Paragraph 2. of this Cover- in this Coverage Part to the first Named In-
age Part. sured, this insurance applies:
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a. As if each Named Insured were the only SECTION V - DEFINITIONS
Named Insured; and
1. "Advertisement" means a notice that is broad-
b. Separately to each insured against whom cast or published to the general public or spe-
claim is made or "suit" is brought. cific market segments about your goods,
products or services for the purpose of at-
13. Transfer of Rights of Recovery Against tracting customers or supporters. "Adver-
Others to Us tisement" includes a publicity article. For the
a. If the insured has rights to recover all or purposes of this definition:
part of any payment we have made un- a. Notices that are published include mate-
der this Coverage Part, those rights are rial placed on the Internet or on similar
transferred to us. The insured must do electronic means of communication; and
nothing after loss to impair them. At our
request, the insured will bring "suit" or b. Regarding web-sites, only that part of a
transfer those rights to us and help us web-site that is about your goods, prod-
enforce them. ucts or services for the purposes of at-
tracting customers or supporters is con-
b. Any recoveries shall be applied as fol- sidered an "advertisement".
lows:
2. "Authorized representative" means:
(1) First, we will reimburse anyone, in-
cluding the insured, the amounts a. If you are:
actually paid by them that were in
excess of our payments; (1) An individual, you and your spouse
are "authorized representatives".
(2) Next, we will be reimbursed to the
extent of our actual payment; and (2) A partnership or joint venture, your
members, your partners, and their
(3) Lastly, any amounts left after meet- spouses are "authorized representa-
ing the obligations outlined in (1) and tives".
(2) above will be distributed to any-
one else known to us at the time a (3) A limited liability company, your
recovery is made and who is legally members and your managers are
entitled to such recovery. "authorized representatives".
Expenses incurred in the recovery shall (4) An organization other than a part-
be apportioned among all interests in the nership, joint venture or limited liabil-
ratio of their respective recoveries as fi- ity company, your "executive offi-
nally settled. If there is no recovery as a cers" and directors are "authorized
result of our attempts, we shall bear all of representatives". Provided you are
the recovery expenses. not a publicly traded organization,
your stockholders are also "author-
c. If prior to an "occurrence" to which this ized representatives".
Coverage Part would apply, you and the
issuer of your applicable "underlying in- (5) A trust, your trustees are "authorized
surance" listed specifically in the Sched- representatives".
ule of Underlying Insurance waive any b. Your "employees" assigned to manage
right of recovery against a person or or- your insurance program, or assigned to
ganization for injury or damage, we will give or receive notice of an "occurrence",
also waive any rights we may have claim or "suit" are also "authorized repre-
against such person or organization. sentatives".
14. When We Do Not Renew 3. "Auto" means:
If we decide not to renew this Coverage Part, a. Any land motor vehicle, trailer or semi-
we will mail or deliver to the first Named In- trailer designed for travel on public roads;
sured shown in the Declarations written notice or
of the nonrenewal not less than 30 days be-
fore the expiration date. b. Any other land vehicle that is subject to a
compulsory or financial responsibility law
If notice is mailed, proof of mailing will be suf- or other motor vehicle insurance law
ficient proof of notice. where it is licensed or principally ga-
raged.
"Auto" does not include "mobile equipment".
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4. "Bodily injury" means bodily harm or injury, a. It incorporates "your product" or "your
sickness, disease, disability, humiliation, work" that is known or thought to be de-
shock, fright, mental anguish or mental injury, fective, deficient, inadequate or danger-
including care, loss of services or death re- ous; or
sulting from any of these at any time.
b. You have failed to fulfill the terms of a
5. "Coverage term" means the following individ- contract or agreement,
ual increment, or if a multi-year policy period,
increments, of time, which comprise the policy if such property can be restored to use by:
period of this Coverage Part: a. The repair, replacement, adjustment or
a. The year commencing on the Effective removal of "your product" or "your work";
Date of this Coverage Part at 12:01 AM or
standard time at your mailing address b. Your fulfilling the terms of the contract or
shown in the Declarations, and if a multi- agreement.
year policy period, each consecutive an-
nual period thereafter, or portion thereof if 12. "Insured contract" means:
any period is for a period of less than 12
months, constitute individual "coverage a. A contract for a lease of premises. How-
terms". The last "coverage term" ends at ever, that portion of the contract for a
12:00 AM standard time at your mailing lease of premises that indemnifies any
address shown in the Declarations on the person or organization for "property
earlier of: damage" by fire or explosion to premises
while rented to you or temporarily occu-
(1) The day the policy period shown in pied by you with permission of the owner
the Declarations ends; or is not an "insured contract";
(2) The day the policy to which this Cov- b. A sidetrack agreement;
erage Part is attached is terminated
or cancelled. c. Any easement or license agreement, ex-
cept in connection with construction or
b. However, if after the issuance of this demolition operations on or within 50 feet
Coverage Part, any "coverage term" is of a railroad;
extended for an additional period of less
than 12 months, that additional period of d. An obligation, as required by ordinance,
time will be deemed to be part of the last to indemnify a municipality, except in
preceding "coverage term". connection with work for a municipality;
6. "Coverage territory" means anywhere. e. An elevator maintenance agreement;
7. "Electronic data" means information, facts or f. That part of any other contract or agree-
programs stored as or on, created or used on, ment pertaining to your business, other
or transmitted to or from computer software, than a contract or agreement pertaining
including systems and applications software, to the rental or lease of any "auto", (in-
hard or floppy disks, CD-ROMS, tapes, drives, cluding an indemnification of a municipal-
cells, data processing devices or any other ity in connection with work performed for
media which are used with electronically con- a municipality) under which you assume
trolled equipment. the tort liability of another party to pay for
"bodily injury", "property damage" or
8. "Employee" includes a "leased worker". "Em- "personal and advertising injury" to a third
ployee" does not include a "temporary person or organization. Tort liability
worker". means a liability that would be imposed
by law in the absence of any contract or
9. "Executive officer" means a person holding agreement; or
any of the officer positions created by your
charter, constitution, by-laws or any similar g. That part of any contract or agreement
governing document. entered into, as part of your business,
pertaining to the rental or lease, by you or
10. "Hostile fire" means one that becomes un- any of your "employees", of any "auto".
controllable or breaks out from where it was However, such contract or agreement
intended to be. shall not be considered an "insured con-
11. "Impaired property" means tangible property, tract" to the extent that it obligates you or
other than "your product" or "your work", that any of your "employees" to pay for "prop-
cannot be used or is less useful because: erty damage" to any "auto" rented or
leased by you or any of your "employ-
ees".
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Paragraphs f. and g. do not include that sulting firm, assumes liability for
part of any contract or agreement: "personal and advertising injury"
arising out of the insured's rendering
(1) That indemnifies a railroad for "bodily or failure to render professional
injury", "property damage" or "per- services, including those services
sonal and advertising injury" arising listed in Paragraph (4), above;
out of construction or demolition op-
erations, within 50 feet of any rail- (6) That indemnifies a web-site designer
road property and affecting any rail- or content provider, or Internet
road bridge or trestle, tracks, road- search, access, content or service
beds, tunnel, underpass or crossing. provider for injury or damage arising
However, if such liability is insured by out of the planning, execution or fail-
valid and collectible "underlying in- ure to execute Internet services.
surance" as listed in the Schedule of Internet Services include but are not
Underlying Insurance, this Para- limited to design, production, distri-
graph (1) shall not apply for such bution, maintenance and administra-
hazards for which insurance cover- tion of web-sites and web-banners;
age is afforded by such "underlying hosting web-sites; registering do-
insurance"; main names; registering with search
engines; marketing analysis; and
(2) That indemnifies an architect, engi- providing access to the Internet or
neer or surveyor for injury or damage other similar networks;
arising out of:
(7) Under which the insured, if a web-
(a) Preparing, approving or failing to site designer or content provider, or
prepare or approve maps, shop Internet search, access, content or
drawings, opinions, reports, sur- service provider, assumes liability for
veys, field orders, change or- injury or damage arising out of the
ders or drawings and specifica- insured's rendering or failure to ren-
tions; or der Internet services, including those
(b) Giving directions or instructions, listed in Paragraph (6), above;
or failing to give them, if that is (8) That pertains to the loan, lease or
the primary cause of the injury rental of an "auto" to you or any of
or damage; your "employees", if the "auto" is
(3) Under which the insured, if an archi- loaned, leased or rented with a
tect, engineer or surveyor, assumes driver; or
liability for injury or damage arising (9) That holds a person or organization
out of the insured's rendering or fail- engaged in the business of trans-
ure to render professional services, porting property by "auto" for hire
including those listed in Paragraph harmless for your use of an "auto"
(2) above and supervisory, inspec- over a route or territory that person
tion, architectural or engineering ac- or organization is authorized to serve
tivities; by public authority.
(4) That indemnifies an advertising, pub- 13. "Leased worker" means a person leased to
lic relations or media consulting firm you by a labor leasing firm under an agree-
for "personal and advertising injury" ment between you and the labor leasing firm
arising out of the planning, execution to perform duties related to the conduct of
or failure to execute marketing com- your business. "Leased worker" includes su-
munications programs. Marketing pervisors furnished to you by the labor leasing
communications programs include firm. "Leased worker" does not include a
but are not limited to comprehensive "temporary worker".
marketing campaigns; consumer,
trade and corporate advertising for 14. "Loading or unloading" means the handling of
all media; media planning, buying, property:
monitoring and analysis; direct mail;
promotion; sales materials; design; a. After it is moved from the place where it is
presentations; point-of-sale materi- accepted for movement into or onto an
als; market research; public relations aircraft, watercraft or "auto";
and new product development; b. While it is in or on an aircraft, watercraft
(5) Under which the insured, if an adver- or "auto"; or
tising, public relations or media con-
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c. While it is being moved from an aircraft, (2) Cherry pickers and similar devices
watercraft or "auto" to the place where it mounted on automobile or truck
is finally delivered; chassis and used to raise or lower
workers; and
but "loading or unloading" does not include
the movement of property by means of a me- (3) Air compressors, pumps and gen-
chanical device, other than a hand truck, that erators, including spraying, welding,
is not attached to the aircraft, watercraft or building cleaning, geophysical explo-
"auto". ration, lighting and well servicing
equipment.
15. "Mobile equipment" means any of the follow-
ing types of land vehicles, including any at- However, "mobile equipment" does not in-
tached machinery or equipment: clude any land vehicles that are subject to a
compulsory or financial responsibility law or
a. Bulldozers, farm machinery, forklifts and other motor vehicle insurance law in the state
other vehicles designed for use princi- where it is licensed or principally garaged.
pally off public roads; Land vehicles subject to a compulsory or fi-
b. Vehicles maintained for use solely on or nancial responsibility law or other motor vehi-
next to premises you own or rent; cle insurance law are considered "autos".
c. Vehicles that travel on crawler treads; 16. "Occurrence" means:
d. Vehicles, whether self-propelled or not, a. An accident, including continuous or re-
maintained primarily to provide mobility to peated exposure to substantially the
permanently mounted: same general harmful conditions, that re-
sults in "bodily injury" or "property dam-
(1) Power cranes, shovels, loaders, dig- age"; or
gers or drills; or
b. An offense that results in "personal and
(2) Road construction or resurfacing advertising injury".
equipment such as graders, scrap-
ers or rollers; All damages arising from the same acci-
dent, continuous or repeated exposure to
e. Vehicles not described in a., b., c. or d. substantially the same general harmful
above that are not self-propelled and are conditions, act or offense shall be
maintained primarily to provide mobility to deemed to arise from one "occurrence"
permanently attached equipment of the regardless of:
following types:
(1) The frequency of repetition;
(1) Air compressors, pumps and gen-
erators, including spraying, welding, (2) The number or kind of media used;
building cleaning, geophysical explo- or
ration, lighting and well-servicing (3) The number of claimants.
equipment; or
17. "Personal and advertising injury" means in-
(2) Cherry pickers and similar devices jury, including "bodily injury", arising out of
used to raise or lower workers; one or more of the following offenses:
f. Vehicles not described in a., b., c. or d. a. False arrest, detention or imprisonment;
above maintained primarily for purposes
other than the transportation of persons b. Malicious prosecution;
or cargo.
c. Abuse of process;
However, self-propelled vehicles with the
following types of permanently attached d. The wrongful eviction from, wrongful entry
equipment are not "mobile equipment" into, or invasion of the right of private oc-
but will be considered "autos": cupancy of a room, dwelling or premises
that a person occupies, committed by or
(1) Equipment designed primarily for: on behalf of its owner, landlord or lessor;
(a) Snow removal; e. Defamation of character, including oral or
written publication, in any manner, of
(b) Road maintenance, but not con- material that slanders or libels a person
struction or resurfacing; or or organization or disparages a person's
(c) Street cleaning; or organization's goods, products or
services;
Includes copyrighted material of ISO
US 101 UM 12 04 Properties, Inc., with its permission. Page 18 of 22
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 171 of 187
f. Oral or written publication, in any manner, contractor or subcontractor
of material that violates a person's right of working on the same project.
privacy;
Work that may need service, main-
g. The use of another's advertising idea in tenance, correction, repair or re-
your "advertisement"; placement, but which is otherwise
complete, will be treated as com-
h. Infringing upon another's copyright, trade pleted.
dress or slogan in your "advertisement";
or b. Does not include "bodily injury" or "prop-
erty damage" arising out of:
i. Discrimination, unless insurance cover-
age therefor is prohibited by law or stat- (1) The transportation of property, un-
ute. less the injury or damage arises out
of a condition in or on a vehicle not
18. "Pollutants" mean any solid, liquid, gaseous, owned or operated by you, and that
or thermal irritant or contaminant, including condition was created by the "load-
smoke, vapor, soot, fumes, acids, alkalis, ing or unloading" of that vehicle by
chemicals, petroleum, petroleum products any insured; or
and petroleum by-products, and waste.
Waste includes materials to be recycled, re- (2) The existence of tools, uninstalled
conditioned or reclaimed. "Pollutants" in- equipment or abandoned or unused
clude, but are not limited to, substances which materials.
are generally recognized in industry or gov-
ernment to be harmful or toxic to persons, 20. "Property damage" means:
property or the environment regardless of a. Physical injury to or destruction of tangi-
whether the injury or damage is caused di- ble property including all resulting loss of
rectly or indirectly by the "pollutants" and use. All such loss of use shall be
whether: deemed to occur at the time of the physi-
a. The insured is regularly or otherwise en- cal injury or destruction that caused it; or
gaged in activities which taint or degrade b. Loss of use of tangible property that is
the environment; or not physically injured. All such loss of
b. The insured uses, generates or produces use shall be deemed to occur at the time
the "pollutant". of the "occurrence" that caused it.
19. "Products-completed operations hazard": For the purposes of this insurance, "electronic
data" is not tangible property.
a. Includes all "bodily injury" and "property
damage" occurring away from premises 21. "Subsidiary" means any organization in which
you own or rent and arising out of "your more than 50% of the outstanding securities
product" or "your work" except: or voting rights representing the present right
to vote for election of directors is owned or
(1) Products that are still in your physical controlled, directly or indirectly, in any combi-
possession; or nation, by one or more of the Named In-
sureds.
(2) Work that has not yet been com-
pleted or abandoned. However, 22. "Suit" means a civil proceeding in which
"your work" will be deemed com- money damages because of "bodily injury",
pleted at the earliest of the following "personal and advertising injury" or "property
times: damage" to which this insurance applies are
alleged. "Suit" includes:
(a) When all of the work called for in
your contract has been com- a. An arbitration proceeding in which such
pleted. money damages are claimed and to
which the insured must submit or does
(b) When all of the work to be done submit with our consent;
at the site has been completed,
if your contract calls for work at b. Any other alternative dispute resolution
more than one site. proceeding in which such money dam-
ages are claimed and to which the in-
(c) When that part of the work done sured submits with our consent; or
at a job site has been put to its
intended use by any person or c. An appeal of a civil proceeding.
organization other than another
Includes copyrighted material of ISO
US 101 UM 12 04 Properties, Inc., with its permission. Page 19 of 22
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 172 of 187
23. "Temporary worker" means a person who is (1) Any goods or products, other than real
furnished to you to: property, manufactured, sold, han-
dled, distributed or disposed of by:
a. Substitute for a permanent "employee"
on leave; or (a) You;
b. Meet seasonal or short-term workload (b) Others trading under your
conditions. name; or
24. "Ultimate net loss" means the sum actually (c) A person or organization whose
paid or payable in the settlement or satisfac- business or assets you have
tion of the insured's legal obligation for dam- acquired; and
ages, covered by this insurance, either by
adjudication or compromise. "Ultimate net (2) Containers (other than vehicles), ma-
loss" does not include Defense and Supple- terials, parts or equipment furnished in
mentary Payments as described in SECTION connection with such goods or prod-
I - COVERAGE, C. Defense and Supplemen- ucts.
tary Payments of this Coverage Part. b. Includes:
25. "Underlying insurance" means the insurance (1) Warranties or representations made
listed in the Schedule of Underlying Insurance at any time with respect to the fit-
and the insurance available to the insured ness, quality, durability, performance
under all other insurance policies applicable or use of your product; and
to the "occurrence". "Underlying insurance"
also includes any type of self-insurance or (2) The providing of or failure to provide
alternative method by which the insured ar- warnings or instructions.
ranges for funding of legal liabilities that af-
fords coverage that this Coverage Part cov- c. Does not include vending machines or
ers. other property rented to or located for the
use of others but not sold.
26. "Underlying limit" means the total of the appli-
cable limits of all "underlying insurance" less 29. "Your work":
the amount, if any, by which the applicable a. Means:
limit of the applicable policy listed in the
Schedule of Underlying Insurance has been (1) Work or operations performed by
reduced solely by payment of loss resulting you or on your behalf; and
from claims which are in accordance with
SECTION I - COVERAGE, A. Insuring (2) Materials, parts or equipment fur-
Agreement, Paragraph 2. of this Coverage nished in connection with such work
Part. or operations.
27. "Workplace" means that place and during b. Includes:
such hours to which the "employee" sustain- (1) Warranties or representations made
ing injury was assigned by you, or any other at any time with respect to the fit-
person or entity acting on your behalf, to work ness, quality, durability, performance
on the date of "occurrence". or use of "your work"; and
28. "Your product": (2) The providing of or failure to provide
a. Means: warnings or instructions.
Includes copyrighted material of ISO
US 101 UM 12 04 Properties, Inc., with its permission. Page 20 of 22
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 173 of 187
NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL UMBRELLA LIABILITY COVERAGE PART
A. SECTION I - COVERAGE, B. Exclusions is such facility is located within the
modified to add the following: United States of America, its territo-
ries or possessions or Canada, this
This insurance does not apply to: Exclusion c. applies only to "property
1. Any liability: damage" to such "nuclear facility"
and any property thereat.
a. With respect to which an insured un-
der the policy is also an insured un- B. SECTION V - DEFINITIONS is hereby modi-
der a nuclear energy liability policy fied to add the following definitions:
issued by Nuclear Energy Liability 1. "Hazardous properties" include radioac-
Insurance Association, Mutual tive, toxic or explosive properties;
Atomic Energy Liability Underwriters
or Nuclear Insurance Association of 2. "Nuclear material" means "source mate-
Canada, or any of their successors, rial", "special nuclear material" or "by-
or would be an insured under any product material";
such policy but for its termination
upon exhaustion of its limit of liability; 3. "Source material", "special nuclear mate-
or rial" and "by-product material" have the
meanings given them in the Atomic En-
b. Resulting from the "hazardous prop- ergy Act of 1954 or in any law amenda-
erties" of "nuclear material" and with tory thereof;
respect to which (1) any person or
organization is required to maintain 4. "Spent fuel" means any fuel element or
financial protection pursuant to the fuel component, solid or liquid, which has
Atomic Energy Act of 1954, or any been used or exposed to radiation in a
law amendatory thereof, or (2) the "nuclear reactor";
insured is, or had this policy not 5. "Waste" means any waste material (a)
been issued would be, entitled to in- containing "by-product material" other
demnity from the United States of than the tailings or wastes produced by
America, or any agency thereof, un- the extraction or concentration of uranium
der any agreement entered into by or thorium from any ore processed pri-
the United States of America, or any marily for its "source material" content,
agency thereof, with any person or and (b) resulting from the operation by
organization. any person or organization of any "nu-
2. Any liability resulting from the "hazardous clear facility" included under the first two
properties" of "nuclear material", if paragraphs of the definition of "nuclear
facility".
a. The "nuclear material" (1) is at any
"nuclear facility" owned by, or oper- 6. "Nuclear facility" means:
ated by or on behalf of, an insured or a. Any "nuclear reactor";
(2) has been discharged or dis-
persed therefrom, b. Any equipment or device designed
or used for (1) separating the iso-
b. The "nuclear material" is contained in topes of uranium or plutonium, (2)
"spent fuel" or "waste" at any time processing or utilizing "spent fuel",
possessed, handled, used, proc- (3) or handling, processing or pack-
essed, stored, transported or dis- aging "waste";
posed of by or on behalf of an in-
sured; or c. Any equipment or device used for
the processing, fabricating or alloy-
c. The injury or damage arises out of ing of "special nuclear materials", if
the furnishing by an insured of serv- at any time the total amount of such
ices, materials, parts or equipment in material in the custody of the insured
connection with the planning, con- at the premises where such equip-
struction, maintenance, operation or ment or device is located consists of
use of any "nuclear facility", but if or contains more than 25 grams of
Includes copyrighted material of ISO
US 101 UM 12 04 Properties, Inc., with its permission. Page 21 of 22
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 174 of 187
plutonium or uranium 233 or any ducted on such site and all premises
combination thereof, or more than used for such operations;
250 grams of uranium 235;
7. "Nuclear reactor" means any apparatus
d. Any structure, basin, excavation, designed or used to sustain nuclear fis-
premises or place prepared or used sion in a self-supporting chain reaction or
for the storage or disposal of to contain a critical mass of fissionable
"waste"; material;
and includes the site on which any of the 8. "Property damage" includes all forms of
foregoing is located, all operations con- radioactive contamination of property.
Includes copyrighted material of ISO
US 101 UM 12 04 Properties, Inc., with its permission. Page 22 of 22
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 175 of 187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MISSOURI CHANGES - GUARANTY ASSOCIATION
This endorsement modifies insurance provided under the following:
COMMERCIAL LIABILITY UMBRELLA COVERAGE PART
MISSOURI PROPERTY AND CASUALTY INSUR- 2. Payments made by the Association for
ANCE GUARANTY ASSOCIATION COVERAGE covered claims will include only that
LIMITATIONS amount of each claim which is less
than $300,000.
A. Subject to the provisions of the Missouri Prop-
erty and Casualty Insurance Guaranty Asso- However, the Association will not:
ciation Act (to be referred to as the Act), if we
are a member of the Missouri Property and (1) Pay an amount in excess of the
Casualty Insurance Guaranty Association (to applicable limit of insurance of the
be referred to as the Association), the Associa- policy from which a claim arises;
tion will pay claims covered under the Act if we or
become insolvent. (2) Return to an insured any un-
B. The Act contains various exclusions, conditions earned premium in excess of
and limitations that govern a claimant's eligibil- $25,000.
ity to collect payment from the Association and These limitations have no effect on the coverage we
affect the amount of any payment. The follow- will provide under this policy.
ing limitations apply subject to all other provi-
sions of the Act:
1. Claims covered by the Association do not
include a claim by or against an insured of
an insolvent insurer, if the insured has a
net worth of more than $25 million on the
later of the end of the insured's most re-
cent fiscal year or the December thirty-first
of the year next preceding the date the in-
surer becomes insolvent; provided that an
insured's net worth on such date shall be
deemed to include the aggregate net worth
of the insured and all of its affiliates as cal-
culated on a consolidated basis.
CU 26 24 04 05 © ISO Properties, Inc., 2004
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 176 of 187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
POLLUTANT EXCLUSION - OTHER THAN AUTO
This endorsement modifies insurance provided under the following:
COMMERCIAL UMBRELLA LIABILITY COVERAGE PART
PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART
PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART - CLAIMS-MADE
SECTION I - COVERAGE, B. Exclusions (and in (b) If insurance is provided to the in-
the Professional Umbrella Liability Coverage Part sured by "underlying insurance"
and the Professional Umbrella Liability Coverage specifically listed in the Schedule of
Part - Claims-Made only: Subparagraph 1.) is Underlying Insurance at the "under-
modified as follows: lying limit" scheduled, but only to the
extent "bodily injury" or "property
Exclusion 17. Pollutant - Other Than Auto (Ex- damage" coverage is provided by
clusion 1.q. in the Professional Umbrella Liability that "underlying insurance" specifi-
Coverage Part and the Professional Umbrella Li- cally listed in the Schedule of Un-
ability Coverage Part - Claims-Made) is hereby derlying Insurance and subject to all
deleted and replaced by the following: its terms and conditions.
Pollutant - Other Than Auto (5) At or from any premises, site or location
This insurance does not apply to: on which any insured or any contractors
or subcontractors working directly or indi-
a. "Bodily injury" or "property damage" arising rectly on any insured's behalf are per-
out of the actual, alleged or threatened dis- forming operations if the operations are to
charge, dispersal, seepage, migration, re- test for, monitor, clean up, remove, con-
lease, emission or escape of "pollutants": tain, treat, detoxify or neutralize, or in any
way respond to or assess the effects of,
(1) At or from any premises, site or location "pollutants".
which is or was at any time owned or oc-
cupied by, or rented or loaned to, any in- b. "Personal and advertising injury" arising out of
sured. the actual, alleged or threatened discharge,
dispersal, seepage, migration, release, es-
(2) At or from any premises, site or location cape emission of "pollutants" at any time.
which is or was at any time used by or for
any insured or others for the handling, c. Any loss, cost or expense arising out of any:
storage, disposal, processing or treat-
ment of waste; (1) Request, demand, order or statutory or
regulatory requirement that any insured
(3) Which are or were at any time trans- or others test for, monitor, clean up, re-
ported, handled, stored, treated, dis- move, contain, treat, detoxify or neutral-
posed of, or processed as waste by or for ize, or in any way respond to, or assess
any insured or any person or organiza- the effects of, "pollutants"; or
tion for whom you may be legally respon-
sible; or (2) Claim or "suit" by or on behalf of a gov-
ernmental authority for damages be-
(4) At or from any premises, site or location cause of testing for, monitoring, cleaning
on which any insured or any contractors up, removing, containing, treating, de-
or subcontractors working directly or indi- toxifying or neutralizing, or in any way re-
rectly on any insured's behalf are per- sponding to, or assessing the effects of,
forming operations if the "pollutants" are "pollutants".
brought on or to the premises, site or lo-
cation in connection with such operations However, this paragraph does not apply to li-
by such insured, contractor or subcon- ability for damages because of "property
tractor. damage" that the insured would have in the
absence of such request, demand, order or
Subparagraphs a.(1) and a.(4) do not apply: statutory or regulatory requirement, or such
claim or "suit" by or on behalf of a govern-
(a) To "bodily injury" or "property dam- mental authority.
age" arising out of heat, smoke or
fumes from a "hostile fire"; or d. Any liability caused by "pollutants" ex-
cluded by "underlying insurance".
Includes copyrighted material of ISO
US 302 12 04 Properties, Inc., with its permission.
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 177 of 187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTO EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL UMBRELLA LIABILITY COVERAGE PART
PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART
PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART - CLAIMS-MADE
SECTION I - COVERAGE, B. Exclusions (and in the Professional Umbrella Liability Coverage Part and the
Professional Umbrella Liability Coverage Part - Claims-Made only: Subparagraph 1.) is modified to add the
following:
This insurance does not apply to:
Any liability arising out of the ownership, maintenance, occupancy, operation, use, "loading or unloading" of
any "auto" that is owned by, leased to, rented to, borrowed by or regularly provided for the use of any insured.
However, this exclusion does not apply to "bodily injury" or "property damage" arising out of the operation of
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 vehi-
cle insurance law in the state where it is licensed or principally garaged.
US 304 12 04
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 178 of 187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MISSOURI CHANGES - POLLUTANT - OTHER
THAN AUTO EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM
PROFESSIONAL UMBRELLA LIABILITY COVERAGE FORM
PROFESSIONAL UMBRELLA LIABILITY COVERAGE FORM - CLAIMS-MADE
SECTION I - COVERAGE, B. Exclusions (and in the Professional Umbrella Liability Coverage Part and the
Professional Umbrella Liability Coverage Part - Claims-Made only: Subparagraph 1.) is modified to add the
following:
This Pollutant Exclusion applies even if such irritant or contaminant has a function in your business,
operations, premises, site or location.
Includes copyrighted material of ISO
US 3067 MO 02 09 Properties, Inc., with its permission.
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 179 of 187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL
OR PERSONAL INFORMATION AND DATA-RELATED LIABILITY
- WITH LIMITED BODILY INJURY EXCEPTION
This endorsement modifies insurance provided under the following:
COMMERCIAL UMBRELLA LIABILITY COVERAGE PART
PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART
PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART - CLAIMS-MADE
SECTION I - COVERAGE, B. Exclusions (and in the Professional Umbrella Liability Coverage Part and the
Professional Umbrella Liability Coverage Part - Claims-Made only: Subparagraph 1.) is modified to delete
Exclusion 10. Electronic Data in its entirety and replace it with the following:
This insurance does not apply to:
10. Access or Disclosure of Confidential or Personal Information and Data-Related Liability
Any liability arising out of:
a. Any access to or disclosure of any person's or organization's confidential or personal information,
including patents, trade secrets, processing methods, customer lists, financial information, credit card
information, health information or any other type of nonpublic information; or
b. The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate
"electronic data".
This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses,
forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others
arising out of that which is described in Paragraph a. or b. above.
However, this exclusion does not apply:
(1) To damages because of "bodily injury", unless Paragraph a. above applies; and
(2) When such insurance is provided by valid and collectible "underlying insurance" listed in the
Schedule of Underlying Insurance, or would have been provided by such listed "underlying
insurance" except for the exhaustion by payment of claims of its limits of insurance, and then only
for such hazards for which coverage is provided by such "underlying insurance", unless otherwise
excluded by this Coverage Part.
Includes copyrighted material of Insurance
US 3093 05 14 Services Office, Inc., with its permission.
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 180 of 187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TANNING EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL UMBRELLA LIABILITY COVERAGE PART
PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART
PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART - CLAIMS-MADE
SECTION I - COVERAGE, B. Exclusions (and in the Professional Umbrella Liability Coverage Part and the
Professional Umbrella Liability Coverage Part - Claims-Made only: Subparagraph 1.) is modified to add the
following:
This insurance does not apply to:
Any liability arising out of the tanning of human skin, whether by natural or artificial means.
US 376 12 04
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 181 of 187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COSMETOLOGISTS AND BARBERS AMENDATORY
ENDORSEMENT
This endorsement modifies insurance provided under the following
COMMERCIAL UMBRELLA LIABILITY COVERAGE PART
PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART
PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART - CLAIMS-MADE
SECTION I - COVERAGE, B. Exclusions (and in (6) Preparation for; or use, administration or
the Professional Umbrella Liability Coverage Part application of; or removal of any form of
and the Professional Umbrella Liability Coverage permanent cosmetic makeup including
Part - Claims-Made only: Subparagraph 1.) is but not limited to micro pigment implanta-
modified to add the following: tion and tattooing.
This insurance does not apply to: (7) The application of chemicals to the skin
which is intended to remove living tissues
a. Liability included within the "products- (skin peeling).
completed operations hazard" or "personal
and advertising injury" arising out of goods or (8) The piercing of any part of the human
products manufactured, bottled, rebottled, body.
packaged or repackaged by the insured or
sold under the insured's label. (9) The implantation or transplantation of
hair.
b. Any liability arising out of:
II. SECTION II - WHO IS AN INSURED is
(1) Services rendered or preparations, prod- amended to add the following under para-
ucts, apparatus, or equipment rendered graph 1.b.:
or used in violation of federal, state, mu-
nicipal or other laws or regulations. Any "independent contractor" of yours, but
(2) Plastic surgery; or removal of warts, only to the extent they are deemed to be an
moles or other growths. insured by valid and collectible "underlying in-
surance" listed in the Schedule of Underlying
(3) The ownership, maintenance, operation Insurance, and then only for such hazards for
or use of any apparatus using x-rays or
other ionizing radiation for removal of which coverage is provided by such "under-
hair, or any apparatus using a photo co- lying insurance".
agulation technique for removing of hair,
unless such liability is covered by valid III. SECTION V - DEFINITIONS is amended to
and collectible "underlying insurance" as add the following definitions:
listed in the Schedule of Underlying In-
surance, and then for such hazards for A. "Independent contractor" means a natu-
which coverage is afforded by such "un- ral person who provides "professional
derlying insurance". services" on your behalf.
(4) Weight reducing treatments, body mas- B. "Professional services" means only those
sage, steam baths, saunas, body wrap- services legally sanctioned by the bar-
ping, or tanning of human skin, whether
by natural or artificial means. bering and cosmetology licensing laws or
the regulations of the jurisdiction in which
(5) The use, administration or application of the insured operates, including service as
any dye or coloring to eyelashes or eye- a member or director of a formal ac-
brows. creditation, standards review or similar
professional board or committee.
US 4027 12 04
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 182 of 187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MOBILE EQUIPMENT SUBJECT TO MOTOR VEHICLE
INSURANCE LAWS - LIMITATION
This endorsement modifies insurance provided under the following:
COMMERCIAL UMBRELLA LIABILITY COVERAGE PART
PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART
PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART - CLAIMS-MADE
SECTION I - COVERAGE, B. Exclusions (and in the Professional Umbrella Liability Coverage Part and the
Professional Umbrella Liability Coverage Part - Claims-Made only: Subparagraph 1.) is modified to add the
following:
This insurance does not apply to:
Any liability arising out of the ownership, maintenance, occupancy, operation, use, "loading or unloading" of
any land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a com-
pulsory or financial responsibility law or other motor vehicle insurance law, unless such liability is covered by
valid and collectible "underlying insurance" as listed in the Schedule of Underlying Insurance, and then only
for such hazards for which coverage is afforded by such "underlying insurance", unless otherwise excluded
by this Coverage Part.
Includes copyrighted material of Insurance
US 4062 11 05 Services Office, Inc., with its permission
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 183 of 187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EMPLOYEE BENEFIT LIABILITY
This endorsement modifies insurance provided under the following:
COMMERCIAL UMBRELLA LIABILITY COVERAGE PART
PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART
PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART - CLAIMS-MADE
This policy is modified to add the following:
I. SECTION I - COVERAGE, A. Insuring Agreement(s) is modified to add the following:
EMPLOYEE BENEFIT LIABILITY:
We will pay on behalf of the insured the "ultimate net loss" which the insured is legally obligated to pay as
damages because of any negligent act, error or omission of the insured or any other person for whose
acts the insured is legally liable arising out of the administration of the insured's employee benefit pro-
grams.
This insurance applies only to negligent acts, errors or omissions:
a. Whose damages are in excess of the "underlying insurance" provided by an Employee Benefit Li-
ability policy listed in the Schedule of Underlying Insurance; and
b. Which occur during the policy period.
II. SECTION I - COVERAGE, B. Exclusions (and in the Professional Umbrella Liability Coverage Part and
the Professional Umbrella Liability Coverage Part - Claims-Made only: Subparagraph 1.) is modified to
add the following exclusion:
This insurance does not apply to:
Any liability arising out of employee benefit programs unless such liability is covered by valid and collecti-
ble "underlying insurance" as listed in the Schedule of Underlying Insurance, and then only for such haz-
ards for which coverage is afforded by such "underlying insurance".
US 407 12 04
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 184 of 187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MISSOURI CHANGES
This endorsement modifies insurance provided under the following:
Commercial Umbrella Liability Coverage Form
Professional Umbrella Liability Coverage Form
Professional Umbrella Liability Coverage Form - Claims-Made
In this Coverage Form, the definition of "Pollutants" is amended to add the following:
The definition of "pollutants" applies whether or not such irritant or contaminant has any function in or on
your business, operations, premises, site or location.
Includes copyrighted material of Insurance
US 4076 MO 08 08 Services Office, Inc., with its permission.
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 185 of 187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
OFFICE OF FOREIGN ASSETS CONTROL (OFAC)
COMPLIANCE ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL UMBRELLA LIABILITY COVERAGE PART
PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART
PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART - CLAIMS-MADE
SECTION - IV CONDITIONS is amended to include the following:
Office of Foreign Assets Control (OFAC) Compliance
Whenever insurance coverage provided by this policy would be in violation of any United States economic or
trade sanctions, such insurance coverage shall be null and void.
US 4098 04 10
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 186 of 187
rights with respect to such (6) Cooperate with us in the investi-
"claim". gation of the "personal data
compromise" or settlement of
c. In the event of a "personal data com- the "loss".
promise" covered under Insuring
Agreement A - Response Expenses, (7) If you intend to continue your
you must see that the following are business, you must resume all or
done: part of your operations as quickly
as possible.
(1) Notify the police if a law may
have been broken. (8) Make no statement that will as-
sume any obligation or admit any
(2) Notify us as soon as practicable, liability, for any loss for which we
but in no event more than a rea- may be liable, without our prior
sonable period of time after the written consent.
"personal data compromise". In-
clude a description of any prop- (9) Promptly send us any legal pa-
erty involved. pers or notices received con-
cerning the "personal data com-
(3) As soon as possible, give us a promise" or "loss".
description of how, when and
where the "personal data com- d. We may examine any "insured" un-
promise" occurred. der oath, while not in the presence of
any other "insured" and at such times
(4) As often as may be reasonably as may be reasonably required,
required, permit us to: about any matter relating to this in-
(a) Inspect the property proving surance or the "claim" or "loss", in-
the "personal data compro- cluding an "insured's" books and rec-
mise"; ords. In the event of an examination,
an "insured's" answers must be
(b) Examine your books, rec- signed.
ords, electronic media and
records and hardware; e. No "insured" may, except at their own
cost, voluntarily make a payment, as-
(c) Take samples of damaged sume any obligation, or incur any ex-
and undamaged property for pense without our prior written con-
inspection, testing and anal- sent.
ysis; and
C. SECTION IV - CONDITIONS, 5. Legal Action
(d) Make copies from your Against Us, paragraph b.(3) is deleted and
books, records, electronic replaced with the following:
media and records and
hardware. (3) Unless brought within 10 years from the
date you reported the "claim" or "loss" to
(5) Send us signed, sworn proof of us.
loss containing the information
we request to investigate the D. The following is added to Definition 6. "Data
"personal data compromise". compromise liability" in SECTION VI - DEFI-
You must do this within a rea- NITIONS:
sonable period of time after our Punitive damages are insurable in Missouri.
request. We will supply you with
the necessary forms.
Includes copyrighted material of Insurance
HC 469 MO 12 17 Services Office, Inc., with its permission. Page 2 of 2
Case 6:20-cv-03127-SRB Document 1-1 Filed 04/27/20 Page 187 of 187
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