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<br />ENDORSEMENT FOR <br />MOTuR CARRIER POLICIES OF INSURANCE FOl"l PUBLIC LIABILITY <br />UNDER SECTIONS 29 AND 30 OF THE MOTOR CARRIER ACT OF 1980 <br /> <br />Issued to UNITED STORM WATER, INC. of CITY OF INDUSTRY, <br /> <br />Dated at GLENDALE, CA 91203 this 18TH day of NOVEMBER <br /> <br />Amending Polioy 1\10. BAP 525843 3 - 0 2 Effeotive Date _... <br />Name of Insuranoe Company ZURICH AMERICAN INSURANCE COMPANY <br />Telephone Number ( 1-818) 500-4700 Countersi ned b <br />Autho ed Oompany Represenmtiv. <br />The policy to which this endorsement is attached provides primary or excess insurance, as indicated by "[gI", for the limits shown: <br />[] This insurance is primary and the company shall not be liable for amounts in excess of 1 f 000 , 000 for each accident. <br /> <br />D This insurance is excess and the company shall not be liable for amounts in excess of for each accident <br />in excess of the underlying limit of for each accident. <br />Whenever required by the Federal Highway Administration (FHWA) Dr the Interstate Commerce Commission (ICC), the company agrees <br />to furnish the FHWA Dr the ICC a duplicate of said policy and all its endorsements. The company also agrees, upon telephone request by <br />an authorized representative of the FHWA or the ICC, to verify that the policy is in force as of a particular date. <br /> <br />Cancellation of this endorsement may be effected by the company Dr the insured by giving (1) thirty-five (35) days notice in writing to <br />the other party (said 35 days notice to commence from the date the notice is mailed, proof of mailing shall be sufficient proof of notice), <br />and (2) if the insured is subject to the ICC's jurisdiction, by providing thirty (3D) days notice to the ICC (said 30 days notice to commence <br />from the date the notice is received by the ICC at its office in Washington, D.C.). . <br />DEFINITIONS AS USED IN THIS ENDORSEMENT <br />ACCIDENT includes continuous Dr repeated exposure to loss, damage, or destruction of natural resources arising out of the <br />conditions which results in bodily injury, property damage, or accidental discharge, dispersal, release or escape into or upon the <br />environmental damage which the insured neither expected nor land, atmosphere, watercourse, or body of water, of any <br />intended; commodity transported by a motor carrier. This shall include the <br />MOTOR VEHICLE means a land vehicle, machine, truck, tractor, c~s: o.f removal, .and the cost of necessary measures taken to <br />trailer, or semitrailer propelled or drawn by mechanical power and mrn,lmlze or ~'tlgate ,damage .to, human health, the natural <br />used on a highway for transporting property, or any combination enVironment, fiSh, shellfish, and Wildlife. <br />thereof. <br /> <br />BODILY INJURY means injury to the body, sickness, or disease to <br />any person, including death resulting from any of these. <br /> <br />ENVIRONMENTAL RESTORATION means restitution for the <br /> <br />Form Approved <br />OMS No. 2125-0074 <br /> <br /> <br />, CA <br />2004 <br />11-16-04 " <br />~~~/ .::')' ._0. .:~j <br /> <br />PROPERTY DAMAGE means damage to or loss of use of tangible <br />property. <br /> <br />PUBLIC LIABILITY means liability for bodily injury, property <br />damage, and environmental restoration. <br /> <br />The insurance policy to which this endorsement is attached endorsement thereon, or violation thereof, shall relieve the <br />provides automobile liability insurance and is amended to assure company from liability Dr from the payment of any final judgment, <br />compliance by the insured, within the limits stated herein, as a within the limits of liability herein described, irrespective of the <br />motor carrier of property, with Sections 29 and 30 of the Motor financial condition, insolvency or bankruptcy of the insured. <br />Carrier Act of 1980 and the rules and regulations of the Federal However, all terms, conditions and limitations in the policy to <br />Highway Administration (FHWA) and the Interstate Commerce which the endorsement is attached shall remain in full force and <br />Commission (ICC). effect as binding between the insured and the company, The <br />insured agrees to reimburse the company for any payment made <br />In consideration of the premium stated in the policy to which this by the company on account of any accident, claim, or suit <br />endorsement is attached, the insurer (the company) agrees to involving a breach of the terms of the policy, and for any payment <br />pay, within the limits of liability described herein, any final that the company would not have been obligated to make under <br />judgment recovered against the insured for public Iiabifity the provisions of the policy except for the agreement contained in <br />resulting from negligence in the operation, maintenance or use of this endorsement. <br />motor vehicles subject to the financial responsibility requirements <br />of Sections 29 and 30 of the Motor Carrier Act of 1980 regardless It is further understood and agreed that, upon failure of the <br />of whether or not each motor vehicle is specifically described in company to pay any final judgment recovered against the insured <br />the policy and whether or not such negligence occurs on any route as provided herein, the judgment creditor may maintain an action <br />Dr in any territory authorized to be served by the insured Dr in any court of competent jurisdiction against the company to <br />elsewhere, Such insurance as is afforded, for public liability, does compel such payment. <br />not apply to injury to or death of the insured's employees while The limits of the company's liability for the amounts prescribed in <br />engaged in the course of their employment, or property this endorsement apply separately, to each accident, and any <br />transported by the insured, designated as cargo. It is understood payment under the policy because of anyone accident shall not <br />and agreed that no condition, provision, stipulation, or limitation operate to reduce the liability of the company for the payment of <br />contained in the policy, this endorsement, or any other final judgments resulting from any other accident. <br /> <br />The Motor Carrier Act of 1980 requires limits of financial responsibility according to the type of ~~JCI{ld~mpdity transported by <br />the motor carrier. It is the MOTOR CARRIER'S obligation to obtain the required limits of financial responsil5i1if{.u 1 d i <br />THE SCHEDULE OF LllvHTS SHOWN ON THE NEXT PAGE DOES NOT PROVIDE COVERAGE. <br />The limits shown in the schedule are for information purposes only. <br /> <br />SCHEDULE OF UMITS <br /> <br />Pubfic Uability <br /> <br />,/ <br />._}~.~_!- -} <br /> <br />'Sheedy <br /> <br />: 'nrney <br /> <br />Form MCS-90 <br /> <br />(Over) <br /> <br />UI~IFORh" INF01'lIJlATIDN S:RVIC:S. II~C <br /> <br />MC 1622k (10-99) <br /> <br />