HomeMy WebLinkAboutAVEVA SELECT CALIFORNIAD
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INSURANCE_ ON RE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
C.- g,Ai
CITY RK
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DATE: F�EB 0 1 2024
A Zvi
A-2023-203
Pw CONSULTANT AGREEMENT BETWEEN AVEVA SELECT CALIFORNIA AND THE
g,QAA4r CITY OF SANTA ANA FOR WONDERWARE SOFTWARE SUPPORT
SERVICES AND LICENSING
THIS AGREEMENT is made and entered into on this 21st day of November, 2023, by and
between AVEVA Select California ("Consultant"), and the City of Santa Ana, a charter city and
municipal corporation organized and existing under the Constitution and laws of the State of
California ("City").
RECITALS
A. The City desires to retain a consultant have special skill and knowledge in the field of
Supervisory Control and Data Acquisition ("SCADA") software, hardware, and
installation services to the City's Public Works Agency.
B. Consultant represents that it is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to fully
and adequately complete the services described and set forth in Consultant's Proposal & Fee
Schedule, attached hereto and incorporated herein by reference as Exhibit A.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for
City, the rates and charges identified in Consultant's Proposal & Fee Schedule (see
Exhibit A.) The total compensation provided to Consultant for its services during the
entire term of the Agreement shall not exceed $291,621.75, which is comprised of: (1)
a base amount of $277,735.00 and (2) a five percent (5%) contingency in the amount
of $13,886.75 for additional as -needed services, to be exercised at City's sole
discretion.
b. Payment by City shall be made within forty-five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment
need not be made for work which fails to meet the standards of performance set forth
in the Recitals which may reasonably be expected by City.
Page 1 of 9
3. TERM
This Agreement shall commence on the date first written above and continue for a period
of three (3) years, ending on November 20, 2026, unless terminated earlier in accordance with
Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below.
Coverage shall be at least as broad as:
a. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01
covering CGL on an "occurrence" basis, including products and completed operations,
property damage, bodily injury and personal & advertising injury with limits no less than
$1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate
Page 2 of 9
limit shall apply separately to this project/location (ISO, CG 25 03 or 25 04) or the general
aggregate limit shall be twice the required occurrence limit.
b. Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim,
$2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and
obligations as is undertaken by Vendor in this agreement and shall include,but not be
limited to, claims involving security breach, system failure, data recovery, business
interruption, cyber extortion, social engineering, infringement of intellectual property,
including but not limited to infringement of copyright, trademark, trade dress,invasion of
privacy violations, information theft, damage to or destruction of electronicinformation,
release of private information, and alteration of electronic information. The policy shall
provide coverage for breach response costs, regulatory fines and penalties as well as credit
monitoring expenses.
c. Technology Professional Liability Errors & Omissions
Technology Professional Liability Errors and Omissions Insurance appropriate to the
Consultant's profession and work hereunder, with limitsnot less than $2,000,000 per
occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations
as is undertaken by the Consultant in this agreement and shall include, but not be limited
to, claims involving security breach, system failure, data recovery, business interruption,
cyber extortion, social engineering, infringement of intellectual property, including but not
limited to infringement of copyright, trademark, trade dress, invasion of privacy violations,
information theft, damage to or destruction of electronic information, release of
private information, and alteration of electronic information. The policy shall provide
coverage for breach response costs, regulatory fines and penalties as well as credit
monitoring expenses.
i. The Policy shall include, or be endorsed to include, property damage liability
coverage for damage to, alteration of, loss of, or destruction of electronic data
and/or information "property" of the City in the care, custody, or control of the
Consultant. If not coveredunder the Consultant's liability policy, such "property"
coverage of the City may be endorsed onto the Consultant's Cyber Liability Policy
as covered property as follows:
d. If the Consultant maintains broader coverage and/or higher limits than the minimums
shown above, the City requires and shall be entitled to the broader coverage and/or the
higher limits maintained by the Consultant. Any available insurance proceeds in excess of
the specified minimum limits of insurance and coverage shall be available to the City.
e. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to
contain, the following provisions:
i. Additional Insured Status. The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with respect
to liability arising out of work or operations performed by or on behalf of the
Consultant including materials, parts, or equipment furnished in connectionwith
Page 3 of 9
such work or operations. General liability coverage can be provided in the form of
an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20
10 1185 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG
20 33, or CG 20 38; and CG 20 37 if a later edition is used).
ii. Primary Coverage. For any claims related to this contract, the Consultant's
insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104
13 as respects the City, its officers, officials, employees, and volunteers. Any
insurance or self-insurance maintained by the City, its offrcers,offrcials, employees,
or volunteers shall be excess of the Consultant's insurance and shall not contribute
with it.
iii. Notice of Cancellation. Each insurance policy required above shall provide that
coverage shall not be canceled, except with notice to the City.
iv. Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to
subrogation which any insurer of said Consultant may acquire against the City by
virtue of the payment of any loss under such insurance. Consultant agrees to obtain
any endorsement that may be necessary to affect this waiverof subrogation, but this
provision applies regardless of whether or not the City has received a waiver of
subrogation endorsement from the insurer.
V. Self -Insured Retentions. Self -insured retentions must be declared to and approved
by the City. The City may require theConsultant to purchase coverage with a lower
retention or provide proof of ability to pay losses and related investigations, claim
administration, and defense expenses within the retention. The policy language
shall provide, or be endorsed to provide, that the self -insured retention may be
satisfied by either the named insured or City.
vi. Acceptability of Insurers. Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best's rating of no less than
AXII, unless otherwise acceptable to the City.
vii. Claims Made Policies. If any of the required policies provide coverage on a claims -
made basis:
• The Retroactive Date must be shown and must be before the date of the
contract or the beginning of contract work.
• Insurance must be maintained and evidence of insurance must be provided
for at least five (5) years after completion of the contract of work.
• If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a Retroactive Date prior to the contract
effective date, the Consultant must purchase "extended reporting" coverage
for a minimum of five (5) years after completion of contract work.
Page 4 of 9
viii. Verification of Coverage. Consultant shall fiwaish the City with original
Certificates of Insurance including all required amendatory endorsements (or copies
of the applicable policy language effecting coverage requiredby this clause) and a
copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy
endorsements to City before work begins. However, failure to obtain the required
documents prior to the work beginning shall not waive the Consultant's obligation to
provide them. The City reserves the right to require complete, certified copies of all
required insurance policies, including endorsements required by these
specifications, at any time.
ix. Subcontractors. Consultant shall require and verify that all subcontractors maintain
insurance meeting all the requirements stated herein, and Consultant shall ensure
that City is an additional insured on insurance required from subcontractors.
X. Special Risks or Circumstances. City reserves the right to modify these
requirements, including limits, based on the nature of therisk, prior experience,
insurer, coverage, or other special circumstances.
INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, and representatives from liability: (1) for personal injury, damages, just
compensation, restitution, judicial or equitable relief arising out of claims for personal injury,
including death, and claims for property damage, which may arise from the negligent operations
of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which
relates to the services described in section 1 of this Agreement; and (2) from any claim that
personal injury, damages, just compensation, restitution, judicial or equitable relief is due by
reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless
agreement applies to all claims for damages, just compensation, restitution, judicial or equitable
relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section
or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees
to indemnify, hold harmless, and pay all costs for the defense of the City regarding any action by
a third party challenging the validity of this Agreement, or asserting that personal injury, damages,
just compensation, restitution, judicial or equitable relief due to personal or property rights arises
by reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by Consultant to the City pursuant to this Agreement.
Page 5 of 9
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
Page 6 of 9
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Consultant. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other contractors retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
Page 7 of 9
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714- 647-6956
With courtesy copies to:
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
To Consultant:
AVEVA Select California
Attn: Breni-IefeBesvefl
126 Mill Street
Healdsburg, California 95448
Page 8 of 9
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
20. NUSCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
MEMO
N. U101
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
J,PKATHAN T. MARTIN
Assistant City Attorney
RECONIMENDED FOR APPROVAL:
NABIL SABA
Executive Director
Public Works Agency
CITY OF SANTA ANA
Tom Hatch
Interim City Manager
CONSULTANT:
By: Paul eas
Title: CFO
Page 9 of 9
Cardenas, Vanessa
From: City of Santa Ana <certificate-request@ctrax.jdidata.com>
Sent: Wednesday, January 10, 2024 2:58 PM
To: Luke.lknadosian@california.avevaselect.com; Franklin, Fallon; Burk, James; Cardenas,
Vanessa
Subject: Internal Notice of Compliance
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Contractor AVEVA Select California
Name:
Project A-2021-002 (A)
Number:
Project A-2021-002(A)
Name:
The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the
insurance requirements. No further action is required at this time.
The compliant coverage(s) are:
TYPE OF INSURANCE
POLICY NUMBER
EXPIRATION
COI DATE
FILE NAME
DATE
AUTOMOBILE LIABILITY
SCV0118132402
01/01/2025
12/12/2023
Certificate.pdf
GENERAL LIABILITY
U5CO13340240
01/01/2025
12/12/2023
Certificate.pdf
WORKERS COMPENSATION AND EMPLOYERS'
W5A502049512
12/31/2024
12/12/2023
Certificate.pdf
LIABILITY
Thank you,
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team
1/10/2024 5:57 PM
1
/
A� " CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
01 /09/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
CONTACT Christina DeWeese
NAME:
Milt Brandt General Insurance
ACNE. Ext : (707) 433-4436 q c, No): (707) 433-6239
250 Healdsburg Ave., 3rd Floor
E-MAIL christina@brandtinsurance.com
ADDRESS:
INSURER(S) AFFORDING COVERAGE
NAIC #
P.O. Box V
Healdsburg CA 95448
INSURERA: Fireman's Fund Insurance Company
21873
INSURED
INSURER B : American Automobile Insurance Company
21849
E & M Electric & Machinery, Inc.
INSURER C : Sentinel Insurance Company, LTD
11000
126 Mill Street
INSURER D : Lloyd's of London
AA1128623
INSURER E :
Healdsburg CA 95448
INSURER F :
COVERAGES CERTIFICATE NUMBER: CL251213539 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
INSD
WVD
POLICY NUMBER
POLICY EFF
MWDD/YYYY
POLICY EXP
MM/DD/YYYY
LIMITS
X
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,000
CLAIMS -MADE OCCUR
DAMAGE TO
PREM SES Ea 0NcurrDence
$ 100,000
MED EXP (Any one person)
$ 5,000
PERSONAL &ADV INJURY
$ 1,000,000
A
Y
USCO13340250
01/01/2025
01/01/2026
GEN'LAGGREGATE LIMITAPPLIES PER:
GENERAL AGGREGATE
$ 2,000,000
X POLICY ❑ PRO ❑ LOC
JECT
PRODUCTS-COMP/OPAGG
$ 2,000,000
$
OTHER:
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
Ea accident
$ 1,000,000
X
BODILY INJURY (Per person)
$
ANYAUTO
B
OWNED SCHEDULED
AUTOS ONLY AUTOS
Y
SCVO 118132501
01/01/2025
01/01/2026
BODI LY I NJ U RY (Pe r accide nt)
$
PROPERTY DAMAGE
Per accident
$
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
Uninsured motorist
$ 1,000,000
UMBRELLA LIAB
OCCUR
`Zl_" `"" "'y" "", "
EACH OCCURRENCE
$
AGGREGATE
$
EXCESS LAB
CLAIMS -MADE
DED I I RETENTION $
$
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABI LI TY YIN
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
N/A
Y
57WEBM3S9J
12/31/2024
12/31/2025
X1 STATUTE EORH
E.L. EACH ACCIDENT
1,000,000
$
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
1,000,000
$
Each Annual
$2,000,000
D
Professional Liability (E&O) incl Cyber
Increased Limits Active 10/06/2020
B0621PEMEL000224
06/01/2024
06/01/2025
AggregateOccurrence
$2,000,000
Deductible
$25,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
City of Santa Ana, its officers, employees, agents and representatives are named as Additional Insureds with respect to General Liability and Auto Liability
per the attached endorsements CG 71 93 3 19 and CA 70 18 10 14. Insurance is Primary and Non -Contributory. Such insurance as is afforded by this
policy shall be primary, and any insurance carried by City shall be excess and noncontributory per attached form CG 71 93 03 19 and CA 00 01 10 13.
30 Day Notice of Cancellation with 10 Days Notice for Non -Payment of Premium in accordance with the policy provisions per attached form 145977 01 11 &
145977 03 19.
Waiver of subrogation applies to Workers' Compensation insurance per attached form WC 04 03 06. APPROVED
CERTIFICATE HOLDER CANCELLAi
City of Santa Ana Risk Management Division
20 Civic Center Plaza, 4th FI
Santa Ana
By Cynthia Mora at 9:17 am, Jan 15, 2025
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
CA 92701 �,
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
Additional Named Insureds
Other Named Insureds
Aveva Select California Doing Business As
E & M Doing Business As
E & M Electric
Doing
Business
As
E & M Motor Works
Doing
Business
As
EANDM
Doing
Business
As
EANDM California
Doing
Business
As
EandM Engineering
Doing
Business
As
Serra
Doing
Business
As
Serra Systems
Corporation, Doing
Business As
Serra, An EANDM Company
Doing
Business
As
Wonderware California
Doing
Business
As
OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC
USC013340250 Afflanz �� I
MultiCover& - Without Medical Payments - CG 71 93 03 19
Policy Amendment(s) Commercial General Liability Coverage Form
Your Commercial General Liability Coverage Form is revised as follows:
1. Broadened Named Insured
A. SECTION II -WHO IS AN INSURED, item 3., is deleted and replaced by the following:
3. Any organization that you own at the inception of this policy, or newly acquire or form during the policy
period, and over which you maintain during the policy period majority ownership or majority interest,
will qualify as a Named Insured if:
a. There is no other similar insurance available to that organization; and
b. The first Named Insured shown in the Declarations has the responsibility of placing insurance for
that organization; and
c. That organization is incorporated or organized under the laws of the United States of America.
However:
(1 ) Coverage under this provision 3 is afforded only until the next occurring annual anniversary of the
beginning of the policy period shown in the Declarations, or the end of the policy period, whichever
is earlier; and
(2) Coverage A does not apply to bodily injury or property damage that occurred before you acquired
or formed the organization; and
(3) Coverage B does not apply to personal and advertising injury arising out of an offense committed
before you acquired or formed the organization.
B. SECTION II -WHO 1S AN INSURED, the last paragraph, is deleted and replaced by the following:
No person or organization is an insured with respect to the conduct of any current or past partnership, joint
venture, or limited liability company that is not shown as a Named Insured in the Declarations. However,
this does not apply to a limited liability company that meets all of the conditions in Section II - Who Is An
Insured, item 3., above.
2. Additional Insured
If an Additional Insured endorsement is attached to this policy that specifically names a person or organization
as an additional insured, then this Section 2. Additional Insured does not apply to such person or organization.
SECTION 11 - WHO IS AN INSURED, subsection 2.e., is added as follows:
e. Any person or organization is included as an additional insured, but only to the extent such person or
organization is legally obligated to pay for bodily injury, property damage or personal and advertising
injury caused by your acts or omissions. With respect to the insurance afforded to such additional insured,
all of the following additional provisions apply:
(1) You have agreed in a written insured contract that such person or organization be added as an
additional insured under this policy;
(2) The bodily injury, property damage or personal and advertising injury for which said person or
organization is legally obligated to pay occurs subsequent to the execution of such insured contract;
(3) The most we will pay is the lesser of either the amount of insurance available under the applicable Limits
of Insurance shown in the Declarations or the limits of insurance required by the insured contract;
(4) The insurance afforded to such additional insured only applies to the extent permitted by law;
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(5) Such person or organization is an additional insured only with respect to:
(a) Their ownership, maintenance, or use of that part of the premises, or land, owned by, rented to,
or leased to you, except such person or organization is not an insured with respect to structural
alterations, new construction or demolition operations performed by or on behalf of such person
or organization;
(b) Your ongoing operations performed for that insured;
(c) Their financial control of you, except such person or organization is not an insured with respect to
structural alterations, new construction or demolition operations performed by or on behalf of such
person or organization;.
(d) The maintenance, operation or use by you of equipment leased to you by such person or
organization;
(e) Operations performed by you or on your behalf and for which a state or political subdivision has
issued a permit, provided such operations are not performed for such state or political subdivision,
and are not included within the products -completed operations hazard; or
(f) Their liability as a grantor of a franchise to you.
(6) This insurance does not apply to bodily injury, property damage, personal and advertising injury,
occurrence or offense:
(a) Which takes place at a particular premises after you cease to be a tenant of that premises;
(b) Which takes place after all work, including materials, parts or equipment furnished in connection
with such work to be performed by or on behalf of the additional insured at the site of the covered
operations, has been completed;
(c) Which takes place after that portion of your work out of which the injury or damage arises has
been put to its intended use by any other person or organization other than another contractor or
subcontractor engaged in performing operations for a principal as part of the same project; or
(d) Which takes place after the expiration of any equipment lease to which (4)(d) above applies;
(7) With respect to architects, engineers or surveyors, coverage does not apply to bodily injury, property
damage or personal and advertising injury arising out of the rendering or failure to render any
professional services by or for you, including:
(a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports,
surveys, field orders, change orders, or drawings and specifications; or
(b) Supervisory, inspection, architectural, or engineering services.
These exclusions apply even if the claims against any insured allege negligence or other wrongdoing in the
supervision, hiring, employment, training or monitoring of others by that insured, if the occurrence which caused
the bodily injury or property damage, or the offense which caused the personal or advertising injury, involved
the rendering of or the failure to render any professional services by or for you.
3. Additional Insured - Vendors
If an Additional Insured Vendors endorsement is attached to this policy that specifically names a person or
organization as an additional insured, then this Section 3. Additional Insured - Vendors does not apply to that
person or organization.
Unless the products -completed operations hazard is excluded from this policy, SECTION II - WHO 1S AN
INSURED, item 21 is added as follows:
Any vendor of yours is included as an additional insured, but only with respect to bodily injury or property
damage caused by your products which are distributed or sold in the regular course of the vendor's
business, subject to the following additional exclusions:
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(1) The insurance afforded such vendor does not apply to:
(a) Bodily injury or property damage for which the vendor is obligated to pay damages by reason of
the assumption of liability in a contract or agreement. This exclusion does not apply to liability for
damages that the vendor would have in the absence of the contract or agreement;
(b) Any express warranty unauthorized by you;
(c) Any physical or chemical change in the product made intentionally by the vendor;
(d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the
substitution of parts under instructions from the manufacturer, and then repackaged in the original
container;
(e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed
to make or normally undertakes to make in the usual course of business, in connection with the
distribution or sale of the products;
(f) Demonstration, installation, servicing or repair operations, except such operations performed by
the vendor in full compliance with the manufacturer's written instructions at the vendor's premises
in connection with the sale of the product;
(g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a
container, part or ingredient of any other thing or substance by or for the vendor; or
(h) Bodily injury or property damage arising out of the liability of the vendor for its own acts or
omissions or those of its employees or anyone else acting on its behalf.
(2) This insurance does not apply to any insured person or organization from whom you have acquired such
products or any ingredient, part or container, entering into, accompanying or containing such products;
(3) The most we will pay is the lesser of either the amount of insurance available under the applicable
Limits of Insurance shown in the Declarations or the limits of insurance required by the contract or
agreement; and
(4) The insurance afforded to such vendor only applies to the extent permitted by law.
4. Additional Insured - Limited Primary and Noncontributory Provision
The following is added as a second paragraph to Section IV Conditions, Condition 4. Other Insurance, following
paragraph b.(2):
However, if you have added any person, organization or vendor of yours as an additional insured to this policy
by way of this MultiCoverc endorsement and have agreed in a written insured contract that this insurance is
primary and non-contributory with other insurance available to that additional insured, this insurance is primary
and we will not seek contribution from such additional insured's other insurance, provided that the additional
insured is a Named Insured under such other insurance.
5. Waiver of Subrogation
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, item 8., is deleted and replaced by the
following:
8. Transfer of Rights of Recovery Against Others to Us and Blanket Waiver of Subrogation
a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part,
those rights are transferred to us. The insured must do nothing after the loss to impair those rights. At
our request, the insured will bring suit or transfer those rights to us and help us enforce them.
b. If required by a written insured contract executed prior to the occurrence or offense, we waive any
right of recovery we may have against any person or organization named in such insured contract,
because of payments we make for injury or damage arising out of your operations or your work for
that person or organization.
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6. Cancellation - 90 Days
Common Policy Conditions endorsement IL0017, A. Cancellation, item 2.b. is deleted and replaced by the
following:
b. 90 days before the effective date of cancellation if we cancel for any other reason.
7. Liberalization
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added as an additional
Condition:
Liberalization
If we adopt a change in our forms or rules which would broaden the coverage provided by any form that is a part
of this policy without an extra premium charge, the broader coverage will apply to this policy. This extension is
effective upon the approval of such broader coverage in your state.
8. Fire, Explosion, Sprinkler Leakage, or Lightning Legal Liability Coverage
A. SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2.
Exclusions, the last paragraph, is deleted and replaced by the following:
Exclusions c. through n. do not apply to damage by fire, explosion, sprinkler leakage, or lightning to premises
while:
1. Rented to you;
2. Temporarily occupied by you with the permission of the owner; or
3. Managed by you under a written agreement with the owner.
A separate limit of insurance applies to this coverage as described in Section III - LIMITS OF INSURANCE.
B. SECTION III -LIMITS OF INSURANCE, item 6., is deleted and replaced by the following:
6. Subject to 5. above, the Damage to Premises Rented To You Limit shown in the Declarations, for
property damage to any one premises while rented to you, or in the case of damage by fire, explosion,
sprinkler leakage, or lightning while rented to you, temporarily occupied by you with the permission of
the owner, or managed by you under a written agreement with the owner, is the greater of:
a. $1,000,000 Any One Premises; or
b. The Damage To Premises Rented To You Limit shown in the Declarations.
C. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance, b. Excess
Insurance, (1)(a), items (i) and (iii), are deleted and replaced by the following:
(i) That is Fire, Explosion, Sprinkler Leakage or Lightning insurance for premises while rented to you,
temporarily occupied by you with permission of the owner, or managed by you under a written agreement
with the owner;
(iii) That is insurance purchased by you to cover your liability as a tenant for property damage to premises
rented to you, temporarily occupied by you with the permission of the owner, or managed by you under
a written agreement with the owner; or
D. SECTION V -DEFINITIONS, 9. Insured Contract, item a., is deleted and replaced by the following:
(a) A contract for a lease of premises. However, that portion of the contract for a lease of premises that
indemnifies any person or organization for damage by fire, explosion, sprinkler leakage, or lightning to
premises while rented to you, temporarily occupied by you with permission of the owner, or managed
by you under a written agreement with the owner, is not an insured contract;.
9. Damage to Invitees' Automobiles from Falling Trees or Tree Limbs -Limited Coverage
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This coverage applies to direct physical damage to automobiles owned by invitees subject to all of the following:
1. Provided such damage originates from trees on premises owned, managed, leased or rented by an insured;
2. Coverage applies only to invitees of an insured or an insured's tenant;
3. Such damage is directly caused by wind -driven falling trees or tree limbs;
4. The most we will pay for any one loss is the lowest of:
a. the actual cash value of the damaged automobile as of the time of the loss; or
b. the cost of repairing the damaged automobile; or
c. the cost of replacing the damaged automobile with another automobile of like kind and quality.
Regardless of the number of occurrences, losses or claims, this coverage is subject to a limit of $25,000
in any one policy period;
5. This coverage is not subject to the General Liability General Aggregate Limit; and
6. We will make payments under this coverage without regard to fault.
10. Non -Owned or Chartered Watercraft
SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2.
Exclusions, item g. Aircraft, Auto, or Watercraft, item (2), is deleted and replaced by the following:
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used for public transportation or as a common carrier;
11. Chartered Aircraft
SECTION 1 - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2.
Exclusions, g. Aircraft, Auto Or Watercraft, item (6), is added as follows:
(6) An aircraft in which you have no ownership interest and that you have chartered with crew.
12. Coverage Territory - Broadened
SECTION V - DEFINITIONS, item 4.a., is deleted and replaced by the following:
a. The United States of America (including its territories and possessions), Puerto Rico, Canada, Bermuda,
the Bahamas, The Cayman Islands and the British Virgin Islands;
13. Personal and Advertising Injury - Contractual
Unless personal and advertising injury is excluded from this policy the following applies:
SECTION I - COVERAGES, COVERAGE B, 2. Exclusions, item e., is deleted.
14. Fellow Employee Coverage
SECTION II - WHO IS AN INSURED, 2.a., item (1) is deleted and replaced by the following:
(1) Personal and advertising injury:
However, subsections (a), (b), (c) and (d) of item (1) remain unchanged.
15. Bodily Injury Definition - Broadened
SECTION V - DEFINITIONS, 3. Bodily Injury is deleted and replaced by the following:
Bodily injury means bodily injury, sickness or disease sustained by a person including death or mental anguish
resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease.
16. Expected or Intended Injury - Amendment to Exclusion
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SECTION I. Coverage A Bodily Injury and Property Damage Liability, 2. EXCLUSIONS, a. Expected or Intended
Injury, is deleted and replaced by the following:
a. Expected or Intended Injury
Bodily injury or property damage expected or intended from the standpoint of the insured.
This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable
force to protect persons or property.
17. Unintentional Failure to Disclose Hazards
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, item 6. Representations, the following is
added:
d. If you unintentionally fail to disclose any hazards existing at the inception date of this policy, we will not deny
coverage under this Coverage Form because of such failure. However, this provision does not affect our
right to collect additional premium or exercise our right of cancellation or non -renewal.
18. Supplementary Payments - Increased Limits
SECTION I - COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGES A AND B, items 1.b. and 1.d., are
deleted and replaced by the following:
b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any
vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense
of the claim or suit, including substantiated loss of earnings up to $500 a day because of time off from work.
19. Duties in the Event of an Occurrence, Offense, Claim or Suit - Amended
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, item 2.a. is deleted and replaced by the
following:
(1) You must see to it that we or any licensed agent of ours are notified of a General Liability occurrence or
offense which may result in a claim as soon as practicable after it becomes known to:
(a) You, if you are an individual;
(b) Your partner or member, if you are a partnership or joint venture;
(c) Your member, if you are a limited liability company;
(d) Your executive officer if you are an organization other than a partnership, joint venture or limited liability
company; or
(e) Your authorized representative or insurance manager.
Knowledge of an occurrence or offense by persons other than those listed above does not imply that those
listed above also have such knowledge.
(2) To the extent possible, notice should include:
(a) How, when and where the occurrence or offense took place;
(b) The names and addresses of any injured persons and witnesses; and
(c) The nature and location of any injury or damage arising out of the occurrence or offense.
20. Non Employment Discrimination Liability
Unless personal and advertising injury is excluded from this policy the following applies:
A. SECTION V - DEFINITIONS, 14. Personal and advertising injury, item h. is added as follows:
h. Discrimination.
B. B. SECTION V - DEFINITIONS,. item 23. is added as follows:
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23. Discrimination means the unlawful treatment of a person or class of persons because of their specific
race, color, religion, gentler, age, or national origin in comparison to one or more persons who are not
members of the specified class.
C. SECTION 1 - COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, 2.
Exclusions, the following are added:
q. Discrimination directly or indirectly related to the past employment, employment or prospective
employment of any person or class of persons by any insured;
r. Discrimination directly or indirectly related to the sale, rental, lease or sublease or prospective sale,
rental, lease or sublease of any dwelling or permanent lodging by or at the direction of any insured;
s. Discrimination, if insurance thereof is prohibited by law; or
t. Fines, penalties, specific performance, or injunctions levied or imposed by a governmental entity,
governmental code, law, or statute because of discrimination.
All other terms and conditions of the policy apply.
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: 57 WE BM3S9J Endorsement Number:
Effective Date: 12/31/24 Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address: E & M ELECTRIC & MACHINERY, INC
126 MILL ST
HEALDSBURG CA 95448
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against the person or organization named in the Schedule. (This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work
described in the Schedule.
The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due
on such remuneration.
SCHEDULE
Person or Organization
Job Description
Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from
us
Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.
Process Date: 12/23/24 Policy Expiration Date: 12/31/25
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Quick Reference
The Fund UmbrellacR)
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This insurance is provided by one of Allianz Global Risks US Insurance Companies as shown on the Declarations
Page. Our mailing address is: 225 W. Washington Street Suite 1800 Chicago.. IL 60606.
At inception, The Fund Umbrella policy consists of: the Declarations, The Fund Umbrella policy form, and the
endorsements listed on the Declarations.
BEGINNING ON PAGE
yx��[�h���Stal��y�11 �I���'�+�Ii]►l�:i[s7�►1
A.
Insuring Agreement----------------------------------------------------------------------------------------------------------------------------------------2
B.
When We Will Have a Duty to Defend ------------------------- ----------------------------------------------------------------------------------2
C.
Exclusions---------------------------------------------------------------------------------------------------------------------------------------------------3
D.
Who Is An Insured ........................................................ ----------------------------------------------------------------------------------6
E.
Limits of Insurance............................................................------------..--------------------------------.----.--------------------.....6
SECTION II. UMBRELLA LIABILITY - COVERAGE B
A.
Insuring Agreement .... .................. ..................................................................................................................
7
B.
When We Will Have a Duty to Defend ............................................................................................................
8
C.
Exclusions.................................................................._-----..--..------------.----------------..--..---.---..---.------------------------.8
D.
Who Is An Insured .........................................................................................................................................
12
E.
Limits of Insurance.......................................................................................................................................13
SECTION III. SUPPLEMENTARY PAYMENTS------------------------- --------------------------------------------------------------.----.----------14
SECTION IV. CONDITIONS
A,
Appeals--------------------------------------------------------------------.----------..------........------.-----.------------------------------------------.14
B.
Bankruptcy------------------------------------------------------------------.--------..----------------------------------.-----------.----.----------------...14
C.
Cancellation--------------------------...................................... ------------------------------------------------------------..--------.---------.15
D.
Changes-------------------------------------------------------------.------------.---.--------..--..---.----------•------.-----------..------------------.....15
E.
Conformity with Laws---------------------------------------------------------------------------------------------------------..---.--------.------....15
F.
Duties of Insureds in the Event of Occurrence, Claim or Suit.......................................................................15
G.
Maintenance of Primary Insurance .............................. .................................................................................
16
H.
Payment of Loss Under this Policy ................................ ................................................................................
16
I.
Premium ...................................................................... ----......------........---------------.--------.---.---..---.---......------....16
J.
Titles or Captions .............................. -............ -............. .................................................................................
16
K.
Transfer of Your Rights and Duties Under this Policy...................................................................................16
L.
Subrogation ................................................................. .................................................................................
16
M.
Other insurance----------------------------------------------------------- -----....................................................... ---.---..------....17
N.
Separation of Insureds--------------------------------------------------------------------------------------------------------------------------------17
O.
Inspection and Audit-------------------------------------------------------------------------------------------------.------.------------.----.---------.17
P.
Unintentional Failure to Disclose ...................................................................................................................
17
Q.
Waiver of Subrogation Same as Primary---------------------------------------------------------------------------------------------------17
SECTION V. NUCLEAR ENERGY LIABILITY EXCLUSION......................................................................................18
SECTION VI. DEFINITIONS......................................................---------.---------------------.------..---...---------...............--------..19
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Read the entire policy carefully to determine rights, duties and what is and is not covered.
The words "you" and `your" refer to the Named Insured shown in the Declarations. The words "we", "us" and Lour"
refer to the company providing this insurance. Other words and phrases that are boldfaced have special meaning.
Refer to the DEFINITIONS and WHO IS AN INSURED sections.
By accepting this policy, you agree that:
1. The statements in the Declarations and Application are your agreements and representations;
2. Those statements are accurate and complete;
3. This policy is issued and continued in reliance upon the truth of those representations; and
4. This policy contains all agreements existing between you, us, and our agents, relating to this insurance.
SECTION I. EXCESS LIABILITY - COVERAGE A
A. COVERAGE A - INSURING AGREEMENT
1. We will pay on behalf of any Insured those sums in excess of Primary Insurance that any Insured becomes
legally obligated to pay as damages or a Covered Pollution Cost or Expense provided that such damages
and Covered Pollution Cost or Expense:
a. Are covered by Primary Insurance;
b. Arise from injury or damage that occurs, or from an offense committed, during our Policy Period; and
c. Take place anywhere in the world.
2. The terms and conditions of Primary Insurance apply to Coverage A, unless they are inconsistent with any
provision of this policy.
3. The amount we will pay is limited as described in Limits of Insurance.
4. a. Subject to Section I.B. and Section I.E.5., we will only pay defense expenses we incur in addition to
the applicable Limits of Insurance.
b. If we are prevented by law from investigating or settling any claim or defending any Insured against
any Suit, we will pay any expense incurred by any Insured with our consent.
B. COVERAGE A - WHEN WE WILL HAVE A DUTY TO DEFEND
1. We will have the right and duty to defend any Insured against any Suit seeking damages or a Covered
Pollution Cost or Expense to which Coverage A applies but only:
a. After the applicable limits of insurance of Primary Insurance and Other Insurance cease to apply
because of exhaustion by the payment of judgments or settlements, or because of exhaustion by the
payment of defense expenses by the terms of that policy; and
b. If no Other Insurance affording a defense or indemnity against such a Suit is available to any Insured.
We will pay only those defense expenses we incur.
2. We have the right but not the duty, to associate with Primary Insurers in the defense and control of any
Occurrence, claim or Suit to which we think Coverage A may apply.
3. At our discretion we may:
a. Investigate any Occurrence, claim or Suit; or
b. Settle any claim or Suit.
4. We have no duty to defend any Insured against any Suit seeking damages or a Covered Pollution Cost
or Expense:
a. To which Coverage A does not apply;
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b. After our applicable Limits of Insurance have been exhausted by the payment of judgments or
settlements, or exhausted by the payment of defense expenses or reimbursements in the same manner
as the terms of Primary Insurance or Other Insurance; or
c. To which Primary Insurance or Other Insurance, by its terms, has no duty to defend provided that
such Primary Insurance or Other Insurance does not defend for reasons other than the exhaustion
of its limits of insurance.
C. COVERAGE A - EXCLUSIONS
Coverage A of this policy does not apply:
1. ASBESTOS - To any liability arising, in whole or in part, out of or in any way related to Asbestos.
2. E.R.I.S.A. - To any liability of any Insured under, or any claim based upon:
a. The Employees" Retirement Income Securities Act (E.R.I.S.A.) of 1974 and any amendment thereto; or
b. Similar provisions of any federal, state, or local statutory law or common law.
3. WORKERS COMPENSATION AND SIMILAR LAWS - To any obligation of any Insured under a Law of:
a. Workers compensation;
b. Disability benefits;
c. Unemployment compensation; or
d. Any similar law.
4. POLLUTION
a. To any liability arising out of the actual, alleged or threatened, discharge, dispersal, seepage, migration,
release or escape of Pollutants:
(1) At or from any premises, site or location which is or was at any time:
(a) Owned or occupied by; or
(b) Rented or loaned to;
any Insured;
(2) At or from any premises, site or location which is or was at any time used by or for:
(a) Any Insured; or
(b) Others;
for the handling, storage, disposal, processing or treatment of waste;
(3) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as
waste by or for:
(a) Any Insured; or
(b) Any person or organization for whom you maybe legally responsible;
(4) At or from any premises, site or location on which any Insured, or any contractors or subcontractors
working directly or indirectly on any Insured's behalf are performing operations:
(a) If the Pollutants are brought on or to such premises, site or location, in connection with such
operations by such Insured, contractor or subcontractor; or
(b) If the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize,
or in any way respond to, or assess the effects of, Pollutants;
(5) That are, or that are contained in, any property that is:
(a) Being transported or towed by, handled or handled for movement into, onto or from; any auto
covered by Primary Insurance;
(b) Otherwise in the course of transit by or on behalf of any Insured; or
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(c) Being stored, disposed of, treated or processed, in or upon any auto covered by Primary
Insurance; or
(6) (a) Before the Pollutants, or any property in which the Pollutants are contained, are moved from
the place where they are accepted by any Insured for movement into or onto any auto covered
by Primary Insurance; or
(b) After the Pollutants, or any property in which the Pollutants are contained, are moved from
any auto covered by Primary Insurance to the place where they are finally delivered, disposed
of or abandoned by any Insured.
b. To any loss, cost or expense arising out of any:
(1) Request, demand, order or statutory or regulatory requirement that any Insured or others:
(a) Test for, monitor, clean up, remove, contain, treat, detoxify or neutralize; or
(b) In any way respond to, or assess the effects of;
Pollutants; or
(2) Claim or suit by or on behalf of a governmental authority for damages because of:
(a) Testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing;
or
(b) In any way responding to, or assessing the effects of;
Pollutants.
This subsection 4.b. does not apply to:
(1) A Covered Pollution Cost or Expense to which Coverage A applies; or
(2) Liability for damages because of property damage that the Insured would have in the absence of
such request, demand or order or statutory or regulatory requirement, or such claim or Suit by or
on behalf of a governmental authority.
c. (1) HOSTILE FIRE - Subsections a.(1) and a.(4)(a) above do not apply to bodily injury or property
damage arising out of heat, smoke or fumes from a Hostile Fire.
(2) MOBILE EQUIPMENT FUELS - Subsection a.(4)(a) above does not apply to bodily injury or
property damage arising out of the escape of fuels, lubricants, or other operating fluids, which
are needed to perform the normal electrical, hydraulic, or mechanical functions necessary for the
operation of Mobile Equipment or its parts, if such fuels, lubricants or other operating fluids escape
from a vehicle part designed to hold, store or receive them.
This exception does not apply if:
(a) The fuels, lubricants or other operating fluids are intentionally discharged, dispersed or
released; or
(b) Such fuels, lubricants or other operating fluids are brought on or to the premises, site or location
with the intent that they be discharged or released as part of the operations being performed
by such Insured, contractor or subcontractor.
(3) AUTO FUELS - Subsection a.(5) above does not apply to fuels, lubricants, fluids, exhaust gasses
or other similar Pollutants, that are needed for or result from the normal electrical, hydraulic or
mechanical functioning of any auto or its parts, covered by Primary Insurance if:
(a) The Pollutants escape, seep, migrate, or are discharged, dispersed or released directly from
an auto part designed by its manufacturer to hold, store, receive or dispose of such Pollutants;
and
(b) The bodily injury, property damage or Covered Pollution Cost or Expense does not arise out
of the operation of any equipment listed in subsections 6.(b) and (c) of definition J. of Mobile
Equipment, under SECTION VI. DEFINITIONS.
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(4) AUTO UPSETIOVERTURNIDAMAGE - Subsection a.(6) above does not apply to Occurrences
that occur away from premises owned by or rented to any Insured with respect to Pollutants not
in or upon any auto covered by Primary Insurance if:
(a) The Pollutants or any property in which the Pollutants are contained are upset, overturned
or damaged as a result of the maintenance or use of any auto covered by Primary Insurance;
and
(b) The discharge, dispersal, seepage, migration, release or escape of the Pollutants is caused
directly by such upset, overturn or damage.
(5) PRODUCTS/COMPLETED OPERATIONS - Subsection a. above does not apply to bodily injury
or property damage included within the products -completed operations hazard provided that your
product or your work has not at any time been:
(a) Discarded, dumped, abandoned, thrown away; or
(b) Treated or handled as waste;
by anyone.
(6) BUILDING HEATING EQUIPMENT - Subsection a.(1) above does not apply to bodily injury if
sustained within a building and caused by smoke, fumes, vapor or soot from equipment used to
heat that building.
(7) PESTICIDE OR HERBICIDE APPLICATOR - With respect to pesticide or herbicide application by
any Insured, subsection a.(4)(a) above does not apply if the operations meet all standards of any
statute, ordinance, regulation or license requirement of any federal, state or local government which
apply to those operations.
(8) CONTRACTORS - subsection a.(1) above does not apply to bodily injury or property damage for
which you may be held liable if:
(a) You are a contractor; and
(b) The owner or lessee of such premises, site or location has been added to this policy as
an additional Insured with respect to your ongoing operations performed for that additional
Insured at that premises, site or location; and
(c) Such premises, site or location is not and never was owned or occupied by, or rented or loaned
to, any Insured, other than the owner or lessee of that premises who has been added to the
policy as an additional Insured.
(9) MATERIALS - Subsection a.(4)(a) above does not apply to bodily injury or property damage
sustained within a building and caused by the release of gasses fumes or vapors from materials
brought into that building in connection with operations being performed by you or on your behalf
by a contractor or subcontractor.
5. EMPLOYMENT PRACTICES -To any liability arising out of any employment -related or personnel practices,
policies, acts or omissions. This includes, but is not limited to:
a. Refusal to employ;
b. Termination of employment;
c. Coercion, criticism, demotion, failure to promote, evaluation, reassignment, discipline, defamation, self -
defamation, harassment, humiliation, discrimination, libel, slander, false arrest and imprisonment, or
violation of a person's right of privacy; or
d. Any consequential injury or damages as a result of a., b. or c. above.
This exclusion applies:
a. To all claims, demands, charges, complaints or Suits by any person(s) or organization(s) for damages
because of such injury or liability, including damages for care and loss of services;
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b. Whether any Insured may be held liable as an employer or in any other capacity either directly or
indirectly related to employment; and
c. To any obligation to share damages with or repay someone else who must pay damages because of
such injury or liability.
6. WAR - To any liability arising, directly or indirectly, out of:
a. War, including undeclared or civil war;
b. Warlike action by a military force, including action in hindering or defending against an actual or expected
attack, by any government, sovereign or other authority using military personnel or other agents; or
c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering
or defending against any of these.
D. COVERAGE A - WHO IS AN INSURED
Each of the following is an Insured under Coverage A:
1. NAMED INSURED - Any person or organization shown in the Named Insured section of our Declarations.
2. NEWLY ACQUIRED OR FORMED ORGANIZATIONS -Any organization you newly acquire or form during
our Policy Period. However, Coverage A does not apply to any injury, damage or Occurrence, which took
place or was committed before you acquired or formed the organization.
3. PERSONS OR ORGANIZATIONS INSURED IN PRIMARY POLICIES - Any person or organization that is
an insured in Primary Policies. However, any person or organization that becomes an insured in Primary
Policies after the inception date of our policy is an Insured under Coverage A of our policy only if, prior
to the time of an Occurrence, you agreed in a written contract to provide such insurance as is afforded by
Coverage A of this policy.
E. COVERAGE A - LIMITS OF INSURANCE
The Limits of Insurance shown in the Declarations and the terms below fix the most we will pay regardless
of the number of:
a. Coverages provided by this policy;
b. Insureds;
c. Claims made or Suits brought; or
d. Persons or organizations making claims or bringing Suits.
2. OCCURRENCE LIMIT
a. The "each occurrence" limit shown in our Declarations is the most we will pay under Coverages A and
B combined, for the sum of damages and Covered Pollution Cost or Expense arising out of any one
Occurrence.
Any amount we pay for damages or a Covered Pollution Cost or Expense arising out of an
Occurrence will reduce or exhaust the amount of our applicable aggregate Limit of Insurance available
for payment of damages or a Covered Pollution Cost or Expense arising out of any other Occurrence.
b. Coverage A applies only in excess of the Limit of Insurance shown in our Schedule of Primary insurance.
But if a Primary Policy has a limit of insurance:
(1) Greater than the amount shown, our policy applies excess of the greater amount; or
(2) Less than the amount shown, our policy applies excess of the amount shown in our Schedule.
c. If the limit of insurance of a Primary Policy is:
(1) Reduced; or
(2) Exhausted;
by payment of judgments or settlements arising out of Occurrences, Coverage A will apply in excess
of such reduced or exhausted limit of insurance.
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3. SAME BASIS AGGREGATE LIMIT -The Limit of Insurance shown in our Declarations as "aggregate" is the
most we will pay under Coverage A for the sum of damages and Covered Pollution Cost or Expense.
Our aggregate limit will apply only when a Primary Policy applies an aggregate limit, and will apply on the
same basis as a Primary Policy.
4. POLICY PERIOD EXTENSIONS - The Limits of Insurance of this policy apply separatelyto each consecutive
annual period and to any remaining period of less than twelve (12) months, starting with the beginning of the
Policy Period shown in the Declarations. However, if we extend our Policy Period after this policy is issued,
we will consider the additional period as part of the last preceding annual period for purposes of determining
the Limits of Insurance.
5, SAME BASIS DEFENSE EXPENSES - if the limits of insurance of any Primary Policy or Other Insurance
are reduced by defense expenses by the terms of that policy then any defense expense payments we make
to defend any Insured or reimbursements we make to any Insured for defense expenses will reduce our
applicable Limits of Insurance in the same manner.
SECTION II. UMBRELLA LIABILITY - COVERAGE B
A. COVERAGE B - INSURING AGREEMENT
We will pay on behalf of any Insured those sums that any Insured:
Becomes legally obligated to pay as damages because of Bodily Injury or Property Damage, but
only if:
(1) The Bodily Injury or Property Damage occurs during our Policy Period;
(2) The Bodily Injury or Property Damage is caused by an Occurrence; and
(3) Prior to the Policy Period, no Insured, and no Employee authorized by you to give or receive notice
of an Occurrence or claim, knew that the Bodily Injury or Property Damage had occurred, in
whole or in part. If such an Insured or authorized Employee knew, prior to the Policy Period, that
the Bodily Injury or Property Damage occurred, then any continuation, change or resumption of
such Bodily Injury or Property Damage during or after the Policy Period will be deemed to have
been known prior to the Policy Period.
However. under this subsection A.1.a.:
(1 ) Bodily Injury or Property Damage which occurs during the Policy Period and was not, prior to the
Policy Period known to have occurred by any Insured or by any Employee authorized by you to
give or receive notice of an Occurrence or claim, includes any continuation, change or resumption
of that Bodily Injury or Property Damage after the end of the Policy Period.
(2) Bodily Injury or Property Damage will be deemed to have been known to have occurred at the
earliest time when any Insured, or any Employee authorized by you to give or receive notice of
an Occurrence or claim:
(a) Reports all, or any part, of the Bodily Injury or Property Damage to us or any other insurer;
(b) Receives a written or verbal demand or claim for damages because of the Bodily Injury or
Property Damage; or
(c) Becomes aware by any other means that Bodily Injury or Property Damage has occurred
or has begun to occur.
b. Becomes legally obligated to pay as damages because of Personal and Advertising Injury but only if:
(1) Caused by an offense arising out of your business; and
(2) The offense was committed during our Policy Period.
The Policy Period for this policy may be comprised of more than one consecutive annual period.
However, whether or not this policy of insurance applies to more than one consecutive annual period
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the most we will pay for all damages for Personal and Advertising Injury arising out of an offense
committed during one annual period is the Limits of Insurance available under that one annual period.
This provision applies even if the Personal and Advertising Injury which arises from an offense
committed during one annual period continues or progressively deteriorates into a subsequent annual
period(s).
2. Coverage B does not apply to any claim or Suit:
a. Which is covered by Primary Insurance or Coverage A of this policy; or
b. Which would have been covered by Primary Insurance or Coverage A of this policy except for the
exhaustion of the limits of such insurance.
3. Damages because of Bodily Injury include damages claimed by any person or organization for care, loss
of services or death resulting at any time from the Bodily Injury.
4. Coverage B applies anywhere in the world.
5. The amount we will pay is limited as described in Limits of Insurance.
6. a. Subject to Section II.B. and Section II.E.5., we will only pay defense expenses we incur in addition to
the applicable Limits of Insurance.
b. If we are prevented by law from investigating or settling any claim or defending any Insured against
any Suit, we will pay any expense incurred by any Insured with our consent.
B. COVERAGE B - WHEN WE WILL HAVE A DUTY TO DEFEND
1. We will have the right and duty to defend any Insured against any Suit, seeking damages to which Coverage
B applies, but only:
a. If Coverage A or Primary Insurance does not apply or owe a duty of defense against such a Suit; and
b_ If no Other Insurance affording a defense or indemnity against such a Suit is available to any Insured.
We will pay only those defense expenses we incur.
2. We have the right but not the duty, to associate with Other Insurance insurers in the defense and control
of any Occurrence, claim or Suit to which we think Coverage B may apply.
3. At our discretion we may:
a. Investigate any Occurrence, claim or Suit; and
b. Settle any claim or Suit.
4. We have no duty to defend any Insured against any Suit seeking damages:
a. To which Coverage B does not apply;
b. After our applicable Limits of Insurance have been exhausted by the payment of judgments or
settlements, or exhausted by the payment of defense expenses in the same manner as the terms of
Other Insurance; or
c. To which any Other Insurance, by its terms, has no duty to defend provided that such Other Insurance
does not defend for reasons other than the exhaustion of its limits of insurance.
C. COVERAGE B - EXCLUSIONS
Coverage B of this policy does not apply:
1. AIRCRAFT -To any liability arising out of the ownership, maintenance, operation, use, entrustment to others,
loading or unloading of any aircraft:
a. Owned, leased, hired, rented or borrowed by or on behalf of you; or
b. Chartered without crew by or on behalf of you.
This exclusion:
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a. Applies even if the claims against any Insured allege negligence or other wrongdoing in the supervision,
hiring, employment, training or monitoring of others by that Insured, and
b. Does not apply to liability assumed under an Insured Contract.
2. PERSONAL AND ADVERTISING INJURY - To Personal and Advertising Injury:
a. Caused by or at the direction of the Insured with the knowledge that the act would violate the rights of
another and would inflict Personal and Advertising Injury.
b. Arising out of oral or written publication of material, if done by or at the direction of the Insured with
knowledge of its falsity.
c. Arising out of oral or written publication of material whose first publication took place before the
beginning of the Policy Period.
d. Arising out of a criminal act committed by or at the direction of the Insured.
e. Arising out of a breach of contract, except an implied contract to use another's advertising idea in your
Advertisement.
f. Arising out of the failure of goods, products or services to conform with any statement of quality or
performance made in your Advertisement.
g. Arising out of the wrong description of the price of goods, products or services stated in your
Advertisement.
h. Arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property
rights. However, this exclusion does not apply to infringement, in your Advertisement, of copyright,
trade dress or slogan.
Committed by an Insured whose business is:
(1) Advertising, broadcasting, publishing or telecasting;
(2) Designing or determining content of web -sites for others; or
(3) An internet search, access, content or service provider.
However, this exclusion i. does not apply to subsections 1., 2. and 3. of definition N. Personal and
Advertising Injury, under SECTION VI. DEFINITIONS.
For the purposes of this exclusion i., the placing of frames, borders or links, or advertising, for you or
others anywhere on the Internet is not by itself, considered the business of advertising, broadcasting,
publishing or telecasting.
Arising out of an electronic chatroom or bulletin board the Insured hosts, owns, or over which the
Insured exercises control.
k. Arising out of the unauthorized use of another's name or product in your e-mail address, domain name
or metatag, or any other similar tactics to mislead another's potential customers.
3. ASBESTOS - To any liability arising, in whole or in part, out of or in any way related to Asbestos.
4. CONTRACTUAL LIABILITY- To any liability for which any Insured is obligated to pay damages by reason of
the assumption of liability in any contract or agreement. This exclusion does not apply to liability for damages:
a. Assumed in a contract or agreement that is an Insured Contract, provided the Bodily Injury, Personal
and Advertising Injury or Property Damage occurs after the execution of the contract or agreement; or
b. That the Insured would have in the absence of the contract or agreement.
5. DAMAGE TO INSURED'S PROPERTY - To Property Damage to property of one Insured in the care,
custody or control of another Insured.
6. DAMAGE TO YOUR PRODUCT OR WORK - To Property Damage to:
a. Your Product arising out of it or any part of it; or
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b. Your Work arising out of it or any part of it and included in the Products -Completes! Operations
Hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises
was performed on your behalf by a subcontractor.
7. EMPLOYMENT PRACTICES -To any liability arising out of any employment -related or personnel practices,
policies, acts or omissions. This includes, but is not limited to:
a. Refusal to employ;
b. Termination of employment;
c. Coercion, criticism, demotion, failure to promote, evaluation, reassignment, discipline, defamation, self -
defamation, harassment, humiliation, discrimination, libel, slander, false arrest or imprisonment, and
violation of a person's right of privacy; or
d. Any consequential injury or damages as a result of a., b. or c. above.
This exclusion applies:
a. To all claims, demands, charges, complaints or Suits by any person(s) or organization(s) for damages
because of such injury or liability, including damages for care and loss of services;
b. Whether any Insured may be held liable as an employer or in any other capacity either directly or
indirectly related to employment; and
c. To any obligation to share damages with or repay someone else who must pay damages because of
such injury or liability.
8. E.R.I.S.A. - To any liability of any Insured under, or any claim based upon:
a. The Employees' Retirement Income Securities Act (E.R.I.S.A.) of 1974 and any amendment thereto; or
b. Similar provisions of any federal, state, or local statutory law or common law.
9. EXPECTED OR INTENDED - To Bodily Injury or Property Damage expected or intended from the
standpoint of the Insured. This exclusion does not apply to Bodily Injury or Property Damage which results
from the use of reasonable force to protect persons or property.
10. IMPAIRED PROPERTY - To Property Damage to Impaired Property or property that has not been
physically injured arising out of:
a. A defect, deficiency, inadequacy or dangerous condition in Your Product or Your Work; or
b. A delay or failure by any Insured or anyone acting on any Insured's behalf to perform a contract or
agreement in accordance with its terms.
This exclusion does not apply to the loss of use of other property arising out of sudden and accidental
physical injury to Your Product or Your Work after it has been put to its intended use.
11. WAR -To any liability arising, directly or indirectly, out of:
a. War, including undeclared or civil war;
b. Warlike action by a military force, including action in hindering or defending against an actual or expected
attack, by any government, sovereign or other authority using military personnel or other agents; or
c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering
or defending against any of these.
12. POLLUTION
a. To any liability arising out of the actual, alleged or threatened, discharge, dispersal seepage, migration,
release or escape of Pollutants:
(1) At or from any premises, site or location which is or was at any time:
(a) Owned or occupied by; or
(b) Rented or loaned to;
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any Insured;
(2) At or from any premises, site or location which is or was at any time used by or for:
(a) Any Insured; or
(b) Others;
for the handling, storage, disposal, processing or treatment of waste;
(3) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as
waste by or for:
(a) Any Insured; or
(b) Any person or organization for whom you may be legally responsible; or
(4) At or from any premises, site or location on which any Insured, or any contractors or subcontractors
working directly or indirectly on any Insured's behalf are performing operations:
(a) If the Pollutants are brought on or to such premises, site or location, in connection with such
operations by such Insured, contractor or subcontractor; or
(b) If the operations are to test for, monitor, cleanup, remove, contain, treat, detoxify or neutralize,
or in any way respond to, or assess the effects of Pollutants;
(5) That are, or that are contained in, any property that is:
(a) Being transported or towed by, handled, or handled for movement into, onto, or from, any Auto
covered by Coverage B;
(b) Otherwise in the course of transit by or on behalf of any Insured; or
(c) Being stored, disposed of, treated or processed in or upon any Auto covered by Coverage B;
(6) (a) Before the Pollutants or any property in which the Pollutants are contained are moved from
the place where they are accepted by any Insured for movement into or onto any Auto covered
by Coverage B; or
(b) After the Pollutants or any property in which the Pollutants are contained are moved from
any Auto covered by Coverage B to the place where they are finally delivered, disposed of
or abandoned by any Insured.
b. To any loss, cost or expense arising out of any-
(1) Request, demand, order or statutory or regulatory requirement that any Insured or others:
(a) Test for, monitor, clean up, remove, contain, treat, detoxify or neutralize; or
(b) In any way respond to, or assess the effects of;
Pollutants; or
(2) Claim or suit by or on behalf of a governmental authority for damages because of:
(a) Testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing;
or
(b) In any way responding to, or assessing the effects of;
Pollutants.
This subsection 12.b. does not apply to liability for damages because of Property Damage that
the Insured would have in the absence of such request, demand, order or statutory or regulatory
requirement, or such claim or Suit by or on behalf of a governmental authority.
c. HOSTILE FIRE - Subsections a.(1) and a.(4)(a) above do not apply to Bodily Injury or Property
Damage arising out of heat, smoke or fumes from a Hostile Fire.
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13. RECALL OF PRODUCTS - To damages claimed for any loss, cost or expense incurred by any Insured or
others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal
of:
a. Your Product;
b. Your Work; or
c. Impaired Property;
if such product, work or property is withdrawn or recalled:
a. From the market; or
b. From use;
by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous
condition in it.
14. WORKERS COMPENSATION AND SIMILAR LAWS - To any obligation of any Insured under a law of:
a. Workers compensation;
b. Disability benefits;
c. Unemployment compensation; or
d. Any similar laws.
D. COVERAGE B - WHO IS AN INSURED
1. Each of the following is an Insured under Coverage B:
a. NAMED INSURED- Any person or organization shown in the Named Insured section of our Declarations
and:
(1) If you are an individual, you and your spouse are Insureds, but only with respect to the conduct
of a business of which you are the sole owner.
(2) If you area partnership or joint venture, you, your members, your partners and their spouses are
Insureds, but only with respect to the conduct of your business.
(3) If you are a limited liability company, your members are Insureds, but only with respect to the
conduct of your business. Your managers are Insureds, but only with respect to their duties as
your managers.
(4) If you are an organization other than a partnership, joint venture or limited liability company, your
executive officers and directors are Insureds, but only with respect to their duties as your officers
or directors. Your stockholders are Insureds, but only with respect to their liability as stockholders.
(5) If you are a trust, your trustees are Insureds, but only with respect to their duties as trustees.
b. NEWLY ACQUIRED OR FORMED ORGANIZATIONS -Any organization you acquire or form during
our Policy Period other than a partnership, joint venture or limited liability company. But Coverage B
applies only:
(1) If you maintain majority ownership or majority interest in such organization; and
(2) To an injury, damage or Occurrence, that took place or was committed after you acquired or formed
the organization.
c. SUBSIDIARIES - Any subsidiary you wholly own, either directly or indirectly, at the inception of our
policy.
d. REAL ESTATE MANAGERS -Any person or any organization while acting as your real estate manager.
e. CUSTODIANS - Any person or organization having proper temporary custody of your property if you
die, but only:
(1) With respect to liability arising out of the maintenance or use of that property; and
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(2) Until your legal representative has been appointed.
f. LEGAL REPRESENTATIVES -Your legal representative if you die, but only with respect to their duties
as such.
g. Your Volunteer Workers but only while performing duties related to the conduct of your business, or
your Employees, other than:
(1) Your Executive Officers (if you are an organization other than a partnership, joint venture or limited
liability company); or
(2) Your managers (if you are a limited liability company);
are Insureds, but only for acts within the scope of their employment by you or while performing duties
related to the conduct of your business.
However, none of these Employees or Volunteer Workers are Insureds for injury:
(a) To you;
(b) To your partners or members (if you are a partnership or joint venture);
(c) To your members (if you are a limited liability company);
(d) To a co -Employee while in the course of his or her employment or performing duties related
to the conduct of your business;
(e) To your other Volunteer Workers while performing duties related to the conduct of your
business;
(f) To the spouse, child, parent, brother or sister of that co -Employee or Volunteer Worker as a
consequence of subsections (a) through (e) above;
(g) For which there is any obligation to share damages with or repay someone else who must pay
damages because of the injury described in subsections (a) through (f) above; or
(h) Arising out of his or her providing or failing to provide professional health care services.
2. The following persons and organizations are not Insureds under Coverage 6:
No person or organization is an Insured with respect to the conduct of any current, past or newly acquired
or formed:
a. Partnership;
b. Joint venture; or
c. Limited liability company;
that is not shown as a Named Insured in our declarations.
E. COVERAGE 6 - LIMITS OF INSURANCE
1. The Limits of Insurance shown in the Declarations and the terms below fix the most we will pay regardless
of the number of:
a. Coverages provided by this policy;
b. Insureds;
c. Claims made or Suits brought; or
d. Persons or organizations making claims or bringing Suits.
2. OCCURRENCE LIMIT -The "each occurrence" limit shown in our Declarations is the most we will pay under
Coverages A and 6 combined, for the sum of damages and Covered Pollution Cost or Expense arising
out of any one Occurrence.
Any amount we pay for damages or Covered Pollution Cost of Expense arising out of an Occurrence
will reduce or exhaust the amount of our applicable aggregate Limit of Insurance available for payment of
damages or Covered Pollution Cost or Expense arising out of any other Occurrence.
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3. AGGREGATE LIMIT - The Limit of Insurance shown in our Declarations as "aggregate" is the most we will
pay under Coverage B, and applies separately for each of the following:
a. GENERAL AGGREGATE -Our aggregate limit is the most we will pay for the sum of damages except
for damages under subsections b. and c. below.
b. PRODUCTS AND COMPLETED OPERATIONS AGGREGATE -Our aggregate limit is the most we will
pay for damages included in the Products -Completed Operations Hazard.
c. OCCUPATIONAL DISEASE AGGREGATE - Our aggregate limit is the most we will pay for damages
arising out of injury by disease to your officers or Employees.
4. POLICY PERIOD EXTENSIONS - The Limits of Insurance of this policy apply separately to each consecutive
annual period and to any remaining period of less than twelve (12) months, starting with the beginning of the
Policy Period shown in the Declarations. However, if we extend our Policy Period after this policy is issued,
we will consider the additional period as part of the last preceding period for purposes of determining the
Limits of Insurance.
5. SAME BASIS DEFENSE EXPENSES - If the limits of Insurance of any Primary Insurance or Other
Insurance are reduced by defense expenses by the terms of that policy then any defense expense payments
we make to defend any Insured will reduce our applicable Limits of Insurance in the same manner.
SECTION III. SUPPLEMENTARY PAYMENTS
When we have the duty under this policy to defend any Insured against any Suit, we will pay the following expenses
in addition to our Limit of Insurance to the extent that they are not covered by Primary Insurance or Other Insurance
by the terms of that insurance:
1. Costs taxed against any Insured in the Suit.
2. Up to $2000 for cost of bail bonds required. We do not have to furnish these bonds.
3. The cost of bonds to release attachments, but only for bond amounts within our applicable Limit of Insurance.
We do not have to furnish these bonds.
4. Reasonable expenses incurred by any Insured when we request the Insured to assist us in the investigation
of the claim or defense of the Suit. This includes actual loss of earnings up to $500 a day, because of time off
from work.
5. Prejudgment interest awarded against any Insured on that part of the judgment we pay. If we make an offer
to pay the applicable Limit of Insurance we will not pay any prejudgment interest based on that period of time
after the offer.
6. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid,
offered to pay, or deposited in court the part of the judgment that is within our applicable Limit of Insurance.
SECTION IV. CONDITIONS
A. APPEALS - If any Primary Insurer elects not to appeal a judgment in excess of the amount of the Primary
Insurance or Other Insurance, we may elect to appeal. If we appeal, we will pay the expenses of such appeal.
Such payments will not reduce our Limits of Insurance.
B. BANKRUPTCY
1. Bankruptcy or insolvency of any Insured or Insured's estate does not relieve us of our obligations under
this policy.
2. If any Primary Insurer becomes bankrupt or insolvent, this policy:
a. Does not replace such Primary Insurance; and
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b. Applies as though such Primary Insurance were available and collectible.
C. CANCELLATION
1. The First Named Insured may cancel this policy by mailing or delivering advance written notice to us, or
the agent or broker of record. The Policy Period will end an the effective date requested.
2. We may cancel this policy by mailing by first class or certified mail to the First Named Insured and to
the agent or broker of record, at their last addresses known to us, written notice of cancellation stating the
reason for cancellation, at least:
a. Ten (10) days before the effective date of cancellation if we cancel for nonpayment of premium; or
b. Ninety (90) days before the effective date of cancellation if we cancel for any other reason.
3. Notice of cancellation will state the effective date of cancellation. The Policy Period will end on the date of
cancellation.
4. If this policy is cancelled, we will send the First Named Insured any premium refund due.
a. If we cancel, the refund will be pro rata unearned premium.
b. If the First Named Insured cancels, the refund may be less than pro rata.
The cancellation will be effective even if we have not made or offered a refund.
5. A post office certificate of mailing or a certified mail receipt will be sufficient proof of mailing of notice.
D. CHANGES -The First Named Insured is authorized to make changes in the terms of this policy with our consent.
This policy's terms can be amended or waived only by a written endorsement issued by us and made a part
of this policy.
E. CONFORMITY WITH LAWS -Any terms of this policy which are in conflict with the laws of the state or Canadian
province where this policy is issued are amended to conform to such laws.
F. DUTIES OF INSUREDS IN THE EVENT OF OCCURRENCE, CLAIM OR SUIT
You must see to it that:
1. We are notified as soon as practicable:
a. Of any Occurrence which may result in a claim under this policy, when the Occurrence is known to:
(1) You, if you are an individual;
(2) Your partner, if you are a partnership;
(3) Your member, if you are a joint venture;
(4) Your member or manager, if you are a limited liability company; or
(5) Your officer or insurance manager, if you are an organization other than a partnership or joint
venture; and
b. If a claim is made or Suit is brought against any Insured.
2. insureds:
a. Cooperate with us in the investigation or settlement of any claim, or defense of any Insured against
any Suit;
b. Enforce any right, upon our request, against any person or organization which may be liable to any
Insured because of injury or damage to which this policy applies; and
c. Make no admission of liability, incur no expense other than first aid, and assume no obligation, without
our consent.
3. In jurisdictions in which we are prevented from investigating, defending or settling a claim, or defending any
Insured against any Suit, you must make or cause to be made such investigation, defense or settlement as
may be reasonably necessary. However, settlement requires our prior written authorization. Also, you must
see to it that Insureds continue to comply with their duty to cooperate in the defense.
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G. MAINTENANCE OF PRIMARY INSURANCE
While this policy is in effect you agree:
1. To maintain Primary Insurance in full force, except forthe reduction of limits of insurance due to the payment
of judgments or settlements;
2. The terms and conditions of Primary Insurance will not materially change; and
3. Renewals or replacements of Primary Insurance will not materially change from the expiring Primary
Insurance.
If you fail to comply with the above this policy shall apply as if Primary Insurance had been so maintained.
H. PAYMENT OF LOSS UNDER THIS POLICY - This policy will not apply until the Insured or the Primary Insurer
is obligated to pay the full amount of the Primary Insurance limits of insurance. When the amount of judgment
or settlement has finally been determined, we will promptly pay on behalf of the Insured the amount of damages
which falls within the terms of this policy.
PREMIUM
1. The First Named Insured:
a. Is responsible for the payment of all premiums; and
b. Will be the payee for any return premiums.
2. The Advance Premium for this policy is shown in the Declarations. It is not subject to adjustment unless the
Basis of Premium shown in the Declarations is other than: "flat charge".
3. If the Advance Premium is subject to adjustment, the earned premium will be determined at the end of our
Policy Period. If the earned premium is:
a. More than the Advance Premium, the First Named Insured will pay the excess to us; or
b. Less than the Advance Premium, we will return to the First Named Insured the unearned portion.
However, the earned premium is subject to the Annual Minimum Premium shown in our Declarations
for each twelve (12) months of our Policy Period.
J. TITLES OR CAPTIONS - The titles or captions used in this policy are solely for convenience or reference. They
do not affect the provisions to which they relate.
K. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY - Your rights and duties under this policy
may not be transferred without our written consent. If you die, your rights and duties are transferred to your legal
representative but only while they are acting within the scope of their duties as such. Until one is appointed,
anyone having proper temporary custody of your property will have your rights and duties with respect to that
property.
L. SUBROGATION
1. If any Insured has rights to recover all or part of any payment we make under this policy, those rights are
transferred to us. The Insured must do nothing after loss to impair them. At our request, the Insured will
bring Suit or transfer those rights to us and help us enforce them.
2. Any recoveries shall be distributed as follows:
a. First, we shall be entitled to recover to the extent of our payment; and
b. Next, any remaining amounts shall be paid to the Primary Insurers or any other party to the extent
of their payment.
c. The expenses of the recovery will be distributed in proportion to the share of each party's recovery. But,
if we conduct the recovery proceedings by ourselves:
(1) We will pay all expenses; and
(2) If we make a recovery, we will be reimbursed in full from the recovery for our expenses before the
recovery is distributed.
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M. OTHER INSURANCE - If there is any Other Insurance available to any Insured, this policy applies excess of
and does not contribute with such Other Insurance. However:
1. At your option, our policy will apply before Other Insurance applies when you agree in a written Insured
Contract prior to the time of an Occurrence that such insurance as is afforded by this policy will apply in
that manner.
2. This does not apply if the Other Insurance is specifically written to be excess over this policy.
N. SEPARATION OF INSUREDS -Except with respect to the Limits of Insurance and any rights or duties specifically
assigned to the First Named Insured, this insurance applies:
1. As if each Named Insured were the only Named Insured; and
2. Separately to each Insured against whom claim is made or Suit is brought.
O. INSPECTION AND AUDIT
1. We have the right but not the duty to:
a. Make inspections and surveys at any time;
b. Give you reports on the conditions we find; and
c. Recommend changes.
2. Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be
charged. We do not:
a. Make safety inspections;
b. Undertake to perform the duty of any person or organization to provide for the health or safety of workers
or the public; or
c. Warrant that conditions are:
(1) Safe or healthful; or
(2) Comply with laws, regulations, codes or standards.
3. This condition applies:
a. To us; and
b. To any rating, advisory, rate service or similar organization, which makes insurance inspections,
surveys, reports or recommendations.
4. We may examine and audit your books and records as they relate to this policy:
a. At any time during our Policy Period; and
b. Up to one hundred eighty (180) days afterward.
P. UNINTENTIONAL FAILURE TO DISCLOSE - If you unintentionally fail to disclose to us all of:
1. Your Products;
2. Your Work; or
3. Property owned or used by you;
which exist at the inception date of this policy, we will not deny coverage under this policy because of such failure.
Q. WAIVER OF SUBROGATION SAME AS PRIMARY - If you and the Primary Insurer, prior to the time of an
Occurrence, waive any right of recovery against a specific person or organization for injury or damage„ we will
also waive any rights we may have against such person or organization.
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SECTION V. NUCLEAR ENERGY LIABILITY EXCLUSION
A. The policy does not apply:
1. Under any coverage, to injury, sickness, disease, death or destruction:
a. With respect to which any Insured under this policy is also an insured under a nuclear energy liability
policy issued by:
(1) Nuclear Energy Liability Insurance Association;
(2) Mutual Atomic Energy Liability Underwriters; or
(3) Nuclear Insurance Association of Canada;
or would be insured under any such policy but for its termination upon exhaustion of its limit of liability; or
b. Resulting from the "Hazardous Properties" of "Nuclear Material" and with respect to which:
(1) Any person or organization is required to maintain financial protection pursuant to the Atomic
Energy Act of 1954, or any law amendatory thereof; or
(2) Any Insured is, or had this policy not been issued would be, entitled to indemnity from the United
States of America, or any agency thereof, under any agreement entered into by the United States
of America, or any agency thereof, with any person or organization.
2. Under any liability coverage, to injury, sickness, disease, death or destruction resulting from the "Hazardous
Properties" of "Nuclear Material", if:
a. The "Nuclear Material":
(1) Is at any "Nuclear Facility'° owned by, or operated by or on behalf of, any Insured, or
(2) Has been discharged or dispersed therefrom;
b. The "Nuclear Material" is contained in "Spent Fuel" or "Waste" at any time possessed, handled, used,
processed, stored, transported or disposed of, by or on behalf of any Insured; or
c. The injury, sickness, disease, death or destruction arises out of the furnishing by any Insured of
services, materials, parts or equipment in connection with the planning, construction, maintenance,
operation or use of any "Nuclear Facility". But if such facility is located within the United States of
America, its territories or possessions or Canada, subsection c. applies only to injury to or destruction
of property at such "Nuclear Facility".
B. As used in this exclusion:
1. "Hazardous Properties" includes radioactive, toxic or explosive properties.
2. "Nuclear Material" means "Source Material", "Special Nuclear Material" or "By -Product Material".
3. "Source Material", "Special Nuclear Material", and "By -Product Material" have the meaning given them in
the Atomic Energy Act of 1954 or in any law amendatory thereof.
4. "Spent Fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed
to radiation in a "Nuclear Reactor'.
5. "Waste" means any material which:
a. Contains "By -Product Material" other than the tailings or wastes produced by the extraction or
concentration of uranium or thorium, from any ore processed primarily for its Source Material content;
and
b. Results from the operation by any person or organization of any "Nuclear Facility" included under a.
and b. of the definition of "Nuclear Facility".
6. "Nuclear Facility" means:
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a. Any "Nuclear Reactor";
b. Any equipment or device designed or used for:
(1) Separating the isotopes of uranium or plutonium;
(2) Processing or utilizing "Spent Fuel"; or
(3) Handling, processing or packaging "Waste";
c. Any equipment or device used for processing, fabricating or alloying of "Special Nuclear Material" if, at
any time, the total amount of such material in the custody of any Insured at the premises where such
equipment or device is located consists of or contains more than 25 grams of:
(1) Plutonium; or
(2) Uranium 233; or
any combination thereof, or more than 250 grams of uranium 235;
d. Any structure, basin, excavation, premises or place, prepared or used for the storage or disposal of
"Waste";
and includes:
a. The site on which any of the foregoing is located;
b. All operations conducted on such site; and
c. All premises used for such operations.
7. "Nuclear Reactor" means any apparatus designed or used to:
a. Sustain nuclear fission in a self-supporting chain reaction; or
b. Contain a critical mass of fissionable material.
8. With respect to injury to or destruction of property, the words "injury" or "destruction" include all forms of
radioactive contamination of property.
SECTION VI. DEFINITIONS
A. ADVERTISEMENT under Coverage B, means a notice that is broadcast or published to the general public or
specific market segments about your goods, products or services for the purpose of attracting customers and
supporters. For the purposes of this definition:
1. Notices that are broadcast or published include material placed on the Internet or on similar electronic means
of communication; and
2. Regarding web -sites, only that part of a web -site that relates to your goods, products or services for the
purposes of attracting customers or supporters is considered an Advertisement.
B. ASBESTOS under Coverages A and B, includes but is not limited to: asbestos, asbestos products, asbestos
fibers, asbestos dust, and asbestos contained in products or materials.
C. AUTO under Coverage B, means a land motor vehicle, trailer, or semitrailer designed for travel on public roads,
including any attached machinery or equipment. But Auto does not include Mobile Equipment.
D. BODILY INJURY under Coverage B, means bodily injury, sickness or disease sustained by a person including
death or mental anguish resulting from any of these at any time. Mental anguish means any type of mental or
emotional illness or disease.
E. COVERED POLLUTION COST OR EXPENSE under Coverage A, means any cost or expense arising out of any:
1. Request, demand, order or statutory or regulatory requirement; or
2. Claim or Suit by or on behalf of a governmental authority;
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demanding that the Insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize,
or in any way respond to, or assess the effects of Pollutants.
Covered Pollution Cost or Expense does not include any cost or expense arising out of the actual, alleged or
threatened discharge, dispersal, seepage, migration, release or escape of Pollutants:
1. That are, or that are contained in any property that is:
a. Being transported or towed by, handled, or handled for movement into, onto or from, any Auto covered
by this policy;
b. Otherwise in the course of transit by or on behalf of any Insured;
c. Being stored, disposed of, treated or processed in or upon any Auto covered by this policy;
2. Before the Pollutants, or any property in which the Pollutants are contained. are moved from the place
where they are accepted by any Insured for movement into or onto any Auto covered by this policy; or
3. After the Pollutants, or any property in which the Pollutants are contained, are moved from any Auto
covered by this policy to the place where they are finally delivered, disposed of or abandoned by any Insured.
Subsection 1. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar Pollutants, that
are needed for or result from the normal electrical, hydraulic or mechanical functioning of any Auto covered by
this policy, or its parts, if:
a. The Pollutants escape, seep, migrate, or are discharged, dispersed or released directly from an Auto
part designed by its manufacturer to hold, store, receive or dispose of such Pollutants; and
b. The Bodily Injury, Property Damage or Covered Pollution Cost or Expense does not arise out of
the operation of any equipment listed in subsections 6.b. or c. of the definition of Mobile Equipment.
Subsections 2. and 3. above do not apply to Occurrences that occur away from premises owned by or rented
to any Insured with respect to Pollutants not in or upon any Auto covered by this policy if:
a. The Pollutants or any property in which the Pollutants are contained are upset, overturned or damaged
as a result of the maintenance or use of any Auto covered by this policy; and
b. The discharge, dispersal, seepage, migration, release or escape of the Pollutants is caused directly
by such upset, overturn or damage.
F. FIRST NAMED INSURED under Coverages A and B. means the person or organization shown first in the blamed
Insured section of our Declarations.
G. HOSTILE FIRE under Coverages A and B, means one which becomes uncontrollable or breaks out from where
it was intended to be.
H. IMPAIRED PROPERTY under Coverage B. means tangible property, other than Your Product or Your Work,
that cannot be used or is less useful because:
1. It incorporates Your Product or Your Work that is known or thought to be defective, deficient, inadequate
or dangerous; or
2. You have failed to fulfill the terms of a contract or agreement;
if such properly can be restored to use by:
1. The repair, replacement, adjustment or removal of Your Product or Your Work; or
2. Your fulfilling the terms of the contract or agreement.
INSURED CONTRACT under Coverage B, means:
1. A contract for a lease of premises. However, that portion of the contract for a lease of premises that
indemnifies any person or organization for damage by fire to premises while rented to you or temporarily
occupied by you with permission of the owner is not an Insured Contract;
2. A sidetrack agreement;
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3. Any easement or license agreement, except in connection with construction or demolition operations on or
within 50 feet of a railroad;
4. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a
municipality;
5. An elevator maintenance agreement;
6. That part of any contract or agreement pertaining to your business (including an indemnification of a
municipality in connection with work performed for a municipality) underwhich you assume the tort liability of
another to pay for Bodily Injury, Personal and Advertising Injury or Property Damage to a third person
or organization. "Tort liability" means a liability that would be imposed by law in the absence of any contract
or agreement.
This subsection 6. does not include that part of any contract or agreement:
a. That indemnifies a railroad for liability arising out of construction or demolition operations, within 50 feet
of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass
or crossing;
b. That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(1) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports
surveys, field orders, change orders or drawings and specifications; or
(2) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury
or damage; or
Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage
arising out of the Insured's rendering or failure to render professional services, including those listed
in b. above and supervisory, inspection, architectural or engineering activities.
J. MOBILE EQUIPMENT under Coverages A and B, means any of the following types of land vehicles, including
any attached machinery or equipment:
1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads;
2. Vehicles maintained for use solely on or next to premises you own or rent;
3. Vehicles that travel on crawler treads;
4. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted;
a. Power cranes, shovels, loaders, diggers or drills; or
b. Road construction or resurfacing equipment such as graders, scrapers or rollers;
5. Vehicles not described in subsections 1., 2., 3. or 4. above that are not self-propelled and are maintained
primarily to provide mobility to permanently attached equipment of the following types:
a. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical
exploration, lighting and well servicing equipment; or
b. Cherry pickers and similar devices used to raise or lower workers.
6. Vehicles not described in subsections 1., 2., 3. or 4. above maintained primarily for purposes other than the
transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently
attached equipment are not Mobile Equipment but will be considered Autos:
a. Equipment designed primarily for:
(1) Snow removal;
(2) Road maintenance, but not construction or resurfacing; or
(3) Street cleaning;
b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower
workers; and
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c. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical
exploration, lighting or well servicing equipment.
K. NAMED INSURED under Coverages A and B, means any person or organization shown in the Named Insured
section of our Declarations.
L. OCCURRENCE:
1. Under Coverage A, has the same meaning as has the term "occurrence" contained in Primary Insurance.
But with respect to personal and advertising injury as defined in Primary Policies, the term means a personal
and advertising injury offense.
2. Under Coverage B, means an accident, including continuous or repeated exposure to substantially the same
general harmful conditions. With respect to Personal and Advertising Injury, the term means an offense
which causes such injury.
M. OTHER INSURANCE under Coverages A and B, means insurance that is available to any Insured and covers
damage to which this policy applies, other than:
1. Primary Insurance; or
2. Insurance that is specifically purchased by you to be excess of the insurance afforded by this policy.
N. PERSONAL AND ADVERTISING INJURY under Coverage B, means injury, including consequential Bodily
Injury, arising out of one or more of the following offenses:
1. False arrest, detention or imprisonment;
2. Malicious prosecution or abuse of process;
3. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room,
dwelling or premises that the person occupies by or on behalf of its owner, landlord or lessor;
4_ Oral or written publication, in any manner, of material that:
a. Slanders or libels a person or organization;
b. Disparages a person's or organization's goods, products or services; or
c. Violates a person's right of privacy;
5. The use of another's advertising idea in your Advertisement;
6. Infringing upon another's copyright, trade dress or slogan in your Advertisement; or
7. "Discrimination" when based solely on either disparate impactor vicarious liability (unless insurance thereof
is prohibited by law). As used in this definition N, the term "discrimination" means the unlawful treatment of
individuals based on race, color, religion, gender, age, or national origin.
O. POLLUTANTS under Coverages A and B, means any solid, liquid, gaseous or thermal irritant or contaminant,
including smoke, vapor, soot, fumes, acids, alkalis, chemicals, and waste. Waste includes materials to be
recycled, reconditioned or reclaimed.
P. PRIMARY INSURER under Coverages A and B, means the insurer of the Primary Insurance or Other
Insurance policies-
Q. PRIMARY POLICY, PRIMARY POLICIES or PRIMARY INSURANCE under Coverage A and B, means the policy
or policies of insurance shown in our Schedule of Primary Insurance.
R. PRODUCTS -COMPLETED OPERATIONS HAZARD under Coverage B, includes all Bodily Injury and
Property Damage occurring away from premises you own or rent and arising out of Your Product or Your
Work except:
1. Products that are still in your physical possession; or
2. Work that has not yet been completed or abandoned.
Your Work will be deemed completed at the earliest of the following times:
1. When all of the work called for in your contract has been completed;
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2. When all of the work to be done at the site has been completed if your contract calls for work at more than
one site; or
c. When that part of the work done at a job site has been put to its intended use by any person or organization
other than another contractor or subcontractor working on the same project.
Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete,
will be treated as completed.
S. PROPERTY DAMAGE under Coverage B, means:
1. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use
shall be deemed to occur at the time of the physical injury that caused it; or
2. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur
at the time of the Occurrence that caused it.
For the purposes of this insurance, "electronic data" is not tangible property.
As used in this definition, "electronic data" means information, facts or programs stored as or on, created or used
on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks,
CD-ROMS, tapes, drives„ cells, data processing devices or any other media which are used with electronically
controlled equipment.
T. SUIT under Coverages A and B, means a civil proceeding in which damages insured by this policy are alleged.
The term includes:
An arbitration proceeding in which such damages are claimed and to which any Insured must submit or
does submit with our consent; or
2. Any other alternative dispute resolution proceeding in which such damages are claimed and to which any
Insured submits with our consent.
U. YOUR PRODUCT under Coverage B, means:
Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by:
a. You;
b. Others trading under your name; or
c. A person or organization whose business or assets you have acquired; and
2. Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or
products.
Your Product includes:
Warranties or representations made at any time as respects the fitness, quality, durability, performance or
use of Your Product; and
2. The providing of or failure to provide warnings or instructions.
Your Product does not include vending machines or any other property rented to or located for the use of others
but not sold-
V. YOUR WORK under Coverage B means:
Work or operations performed by you or on your behalf; and
2. Materials, parts or equipment furnished in connection with such work or operations.
Your Work includes:
Warranties or representations made at any time as respects the fitness, quality, durability, performance or
use of Your Work; and
2. The providing of or failure to provide warnings or instructions.
W. EMPLOYEE under Coverage B, includes a Leased Worker. Employee does not include a Temporary Worker.
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X. EXECUTIVE OFFICER under Coverage B, means a person holding any of the officer positions created by your
charter, constitution, by-laws or any other similar governing document.
Y. LEASED WORKER under Coverage B, means a person leased to you by a labor leasing firm under an agreement
between you and the labor leasing firm, to perform duties related to the conduct of your business. Leased Worker
does not include a Temporary Worker.
Z. TEMPORARY WORKER under Coverage B, means a person who is furnished to you to substitute for a
permanent Employee on leave or to meet seasonal or short-term workload conditions.
AA. VOLUNTEER WORKER under Coverage B, means a person who is not your Employee, and who donates his
or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee,
salary or other compensation by you or anyone else for their work performed for you.
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FleetCover® Endorsement — CA 70 18 10 14
Policy Amendment
This Endorsement modifies insurance provided under the:
Business Auto Coverage Form
Motor Carrier Coverage Form
A. Broadened Named Insured
Section II — Covered Autos Liability Coverage, A. Coverage, 1. Who Is An Insured, the
following is added:
Any organization you own on the inception of this policy, or newly acquire or form during the
policy period, and over which you maintain during the policy period, majority ownership or
majority interest will qualify as a Named Insured if:
(1) There is no other similar insurance available to that organization; and
(2) The first Named Insured shown in the Declarations of this policy has the responsibility of
placing insurance for that organization; and
(3) The organization is incorporated or organized under the laws of the United States of America.
However:
(a) Coverage under this provision is afforded only until the next occurring 12 month anniversary of
the beginning of the policy period shown in the Declarations, or the end of the policy
period, whichever is earlier; and
(b) Coverage under this provision does not apply to bodily injury or property damage that
results from an accident that occurred before you acquired or formed the organization; and
(c) No person or organization is an insured with respect to any current or past partnership, or
joint venture that is not shown as a Named Insured in the Declarations; and
(d) Coverage under A.(1), (2) and (3) above does not apply to any organization that is covered
as an insured under any other automobile liability insurance policy whose limits of
insurance have been exhausted or whose insurer has become insolvent.
B. Broadened Who Is an Insured
1. Form CA0001 (if attached to this policy), Section II — Covered Autos Liability Coverage, A.
Coverage, 1. Who Is An Insured, item b.(2) is deleted, and d. is added as follows:
d. Your employee while using his owned auto, or an auto owned by a member of his or
her household, in your business or your personal affairs, provided you do not own, hire
or borrow that auto.
2. Form CA0020 (if attached to this policy), Section II — Covered Autos Liability Coverage, A.
Coveraqe, 1. Who Is An Insured, item b.(2) is deleted, and f. is added as follows:
f. Your employee or agent while using his owned private passenger type auto, or a
private passenger type auto owned by a member of his or her household, in your
business or personal affairs, provided you do not own, hire, or borrow that auto.
This form must be attached to Change Endorsement when issued after the policy is written.
One of the Allianz Global Risks US Companies as named in the policy.
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C. Additional Insured Coverage and Waiver of Subrogation
1. Form CA0001 (if attached to this policy), Section II — Covered Autos Liability Coverage, A.
Coverage, 1. Who Is An Insured, the following is added as item e.; and form CA0020 (if
attached to this policy), Section II — Covered Autos Liability Coverage, A. Coverage, 1. Who
Is An Insured; the following is added as item g.:
Any person or organization with respect to the operation, maintenance, or use, of a covered
auto, provided that you and such person or organization have agreed under an expressed
provision in a written insured contract or written agreement, or a written permit issued to
you by a governmental or public authority, to add such person, organization, or governmental
or public authority to this policy as an insured.
However, such person or organization is an insured:
(1) Only with respect to the operation, maintenance, or use, of a covered auto; and
(2) Only for bodily injury or property damage caused by an accident which takes place
after:
(a) You executed the insured contract or written agreement; or
(b) The permit has been issued to you.
2. Form CA0001 (if attached to this policy), Section IV - Business Auto Conditions, A. Loss
Conditions, item 5.; and form CA0020 (if attached to this policy), Section V - Motor Carrier
Conditions, A. Loss Conditions, item 6.; the following is added:
Waiver of Subrogation
If required by a:
a. Written insured contract or written agreement executed prior to the accident; or
b. Written permit issued to you by a governmental or public authority prior to the accident;
we waive any right of recovery we may have against any person or organization named in
such contract, agreement or permit, because of payments we make for injury or damage
arising out of the ownership, maintenance or use of a covered auto.
D. Auto Medical Payments - Increased Limit
For each covered auto described in the Declarations or shown in the Schedule as having
Auto Medical Payments Coverage, the Medical Payments Limit of Insurance for those autos is
revised to the greater of:
1. $5,000; or
2. The limit shown in the Declarations.
E. Hired Auto Physical Damage Coverage and Loss of Use Expenses
Hired Auto Physical Damage Coverage
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If Physical Damage Coverage is provided by this policy on your owned covered autos, the
following applies:
Any auto that you lease, hire, rent or borrow without a driver, will be covered under this policy
for Physical Damage Coverage. However any such auto:
1. Will be covered only for the same Physical Damage Coverage that applies to your owned
covered autos;
2. Will be subject to the same applicable deductible shown in the Declarations that applies to
your most similar owned covered auto, except any Comprehensive Coverage deductible
does not apply to loss caused by fire or lightning; and
3. The most we will pay for any one loss in any one accident is the lesser of the following:
a. Actual cash value of the damaged or stolen property as of the time of the loss as
determined by us; or
b. The cost of repairing or replacing the damaged or stolen property with other property of
like kind and quality.
In addition, we will pay costs and fees associated with such covered loss only for a maximum
time period of seven days beginning with the date of loss, subject to a maximum of $500.
However:
1. If form CA0001 is attached to this policy, this coverage does not apply to autos you lease,
hire, rent or borrow from any of your employees, partners (if you are a partnership),
members (if you are a limited liability company) or members of their households; and
2. If form CA0020 is attached to this policy, this coverage does not apply to any private
passenger type auto you lease, hire, rent or borrow from any member of your household,
any of your employees, partners (if you are a partnership), members (if you are a limited
liability company), or agents or members of their households.
Hired Auto Loss of Use Expenses
Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, A. Coverage,
4. Coverage Extension, b. Loss of Use Expenses; and form CA0020 (if attached to this policy),
Section IV - Physical Damage Coverage, A. Coverage, 4. Coverage Extension, b. Loss of Use
Expenses; is deleted and replaced by the following:
b. For Hired Auto Physical Damage, we will pay expenses for which an Insured becomes
legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under
a written rental contract or agreement. We will pay for loss of use expenses if caused by:
(1) Other than collision only if the Declarations indicate that Comprehensive Coverage is
provided for any covered auto;
(2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss
is provided for any covered auto; or
(3) Collision only if the Declarations indicate that Collision Coverage is provided for any
covered auto.
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However, the most we will pay for any expenses for loss of use is $100 per day, to a
maximum of $1,000.
F. Coverage Territory - Hired Auto
1. Form CA0001, (if attached to this policy), Section IV - Business Auto Conditions, B. General
Conditions, 7. Policy Period, Coverage Territory, b.(5) is deleted and replaced by the following:
(5) Anywhere in the world if a covered auto of the private passenger type is leased, hired,
rented or borrowed without a driver for a period of 180 days or less,
2. Form CA0020 (if attached to this policy), Section V - Motor Carrier Conditions, B. General
Conditions, 7. Policy Period, Coverage Territory, b.(5) is deleted and replaced by the following:
(5) Anywhere in the world if a covered auto of the private passenger type is leased, hired,
rented or borrowed without a driver for a period of 180 days or less,
G. Communication Equipment Coverage
Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, C. Limits of
Insurance, Paragraph 1.b.; and form CA0020 (if attached to this policy), Section IV - Physical
Damage Coverage, C. Limits of Insurance, Paragraph 1.b.; is deleted and replaced by the
following:
b. All electronic equipment that reproduces , receives or transmits audio, visual or data signals in
any one loss is $1,500, if, at the time of loss, such electronic equipment is:
H. Tapes, Records, CDs and DVD Coverage
The Physical Damage Coverage Section is amended as follows:
The exclusion referring to tapes, records, discs, or other similar audio, visual or data
electronic devices designed for use with audio, visual or data electronic equipment does not
apply.
2. Under Comprehensive Coverage - Form CA0001 (if attached to this policy), Section III -
Physical Damage Coverage, A. Coverage; and form CA0020 (if attached to this policy),
Section IV- Physical Damage Coverage, A. Coverage; the following is added:
We will pay for loss to tapes, records, discs or other similar devices used with audio, visual
or data electronic equipment. We will pay only if the tapes, records, discs or other similar
audio, visual or data electronic devices:
a. Are your property, or that of a family member; and
b. Are in a covered auto at the time of a loss.
The most we will pay for loss is $250. No deductible applies to this coverage.
I. Personal Effects Coverage
Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, A. Coverage,
4. Coverage Extensions; and form CA0020 (if attached to this policy), Section IV -
Physical Damage Coverage, A. Coverage, 4. Coverage Extensions; item c. is added as follows:
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c. Personal Effects Coverage
We will pay up to $500 for loss for clothing items or other personal effects that are owned
by an insured and are in an Owned auto at the time of a covered loss.
Personal Effects do not include audio visual or electronic devices, money, giftcards, securities,
jewelry, or tools.
This coverage is excess over any other collectible insurance.
No deductible applies to this coverage.
J. Airbag Coverage
Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, B.
Exclusions, 3.a.; and form CA0020 (if attached to this policy), Section IV - Physical Damage
Coverage, B. Exclusions, 3.a.; the following is added:
However, mechanical breakdown does not mean the unintended discharge of an airbag,
provided that any loss covered under this provision is excess over any other collectable
insurance or warranty designed to cover such unintended discharge.
K. Rental Reimbursement
Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, A. Coverage,
4. Coverage Extensions; and form CA0020 (if attached to this policy), Section IV - Physical
Damage Coverage, A. Coverage, 4. Coverage Extensions; item d. is added as follows:
d. Rental Reimbursement or Transportation Expenses
If loss occurs to a covered auto described or designated in the Declarations or Schedule
and covered for Physical Damage Coverage, we will pay for rental expenses for the rental of
a similar replacement auto and additional transportation expenses, incurred by you. This
payment applies in addition to the otherwise applicable amount of each coverage you have on
the covered auto. No deductible applies to this coverage. However:
(1) We will pay only for those expenses incurred by you that begin 24 hours after the
covered loss.
(2) We will cease paying for those expenses, regardless of the policy's expiration date, at
the earlier of the following dates:
(a) The number of days reasonably required to repair or replace the covered auto. If
loss is caused by theft, this number of days is added to the number of days it takes
to locate and return the covered auto to you; or
(b) 45 days from the date this coverage begins.
(3) Our payment is limited to the lesser of the following amounts:
(a) Necessary and actual expenses incurred by you; or
(b) $1,500.
(4) This coverage does not apply while there are spare or reserve autos available to you for
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your operations.
(5) If loss results from the total theft of a covered private passenger type auto (if CA0020
is attached to this policy), or a covered private passenger auto (if CA0001 is attached
to this policy), we will pay under this coverage only that amount of your covered rental
expenses or additional transportation expenses which are not already provided for under
the Physical Damage Coverage Extensions.
L. Extended Towing Coverage
1. Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, A.
Coverage, 2. Towing, is deleted and replaced by the following:
2. Extended Towing
We will pay up to $750 per disablement for towing and labor costs you incur each time
your covered auto is disabled. However:
a. All labor must be performed at the place of disablement; and
b. If the covered auto is of the private passenger type, no deductible applies; and
c. If the covered auto is not of the private passenger type, our obligation to pay will be
reduced by a $250 deductible per disablement.
d. If the covered auto is not of the private passenger type and the disablement results
from a loss covered under Section III - Physical Damage Coverage, A. Coverage,
Paragraphs 1, a., b., or c., there is no separate deductible for the Extended Towing
Coverage.
For purposes of this coverage, disablement means a breakdown of the covered auto
including mechanical breakdown, engine failure, or tire blowout, where re- pairs cannot be
made roadside and a tow is required to remove the auto from the roadway and to seek
additional services and repair.
2. Form CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, A.
Coverage, 2. Towing - Private Passenger Autos, is deleted and replaced by the following:
2. Extended Towing
We will pay up to $750 per disablement for towing and labor costs you incur each time
your covered auto is disabled. However:
a. All labor must be performed at the place of disablement; and
b. If the covered auto is of the private passenger type no deductible applies; and
c. If the covered auto is not of the private passenger type our obligation to pay will be
reduced by a $250 deductible per disablement.
d. If the covered auto is not of the private passenger type and the disablement
results from a loss covered under Section III - Physical Damage Coverage, A.
Coverage, Paragraphs 1, a., b., or c., there is no separate deductible for the
Extended Towing Coverage.
For purposes of this coverage, disablement means a breakdown of the covered auto
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including mechanical breakdown, engine failure, or tire blowout, where repairs cannot
be made roadside and a tow is required to remove the auto from the roadway and
to seek additional services and repair.
M. Cancellation - 120 Days Notice
If we cancel this policy for any reason other than nonpayment of premium, we will mail or
deliver to the first Named Insured at the last mailing address known to us, written notice of
cancellation at least 120 days prior to the effective date of cancellation.
N. Supplementary Payments - Increased Limits
Section II - Liability Coverage, 2. Coverage Extensions, a. Supplementary Payments, items (2)
and (4) are deleted and replaced by the following:
(2) Up to $2,500 for the cost of bail bonds (including bonds for related traffic law violations)
required because of an accident we cover. We do not have to furnish these bonds.
(4) All reasonable expenses incurred by the insured at our request, including substantiated loss
of earnings up to $500 a day, because of time off from work.
O. Duties in the Event of Accident, Claim, Suit or Loss - Amended
Form CA0001 (if attached to this policy) Section IV - Business Auto Conditions, A. Loss
Conditions, item 2. a.; and form CA0020 (if attached to this policy) Section V - Motor Carrier
Conditions, A. Loss Conditions, item 2. a.; is deleted and replaced by the following:
a. In the event of accident, claim, suit or loss, you must promptly notify us or our authorized
representative when it becomes known to:
(1) You, if you are an individual;
(2) Your partner or member, if you are a partnership or joint venture;
(3) Your member, if you are a limited liability company;
(4) Your executive officer if you are an organization other than a partnership, joint venture or
limited liability company; or
(5) Your authorized representative or insurance manager.
Knowledge of an accident, claim, suit or loss by other persons does not imply that the
persons listed above have such knowledge.
Notice should include:
(1) How, when and where the accident or loss occurred; and
(2) The insured's name and address; and
(3) To the extent possible, the names and address of any injured persons and witnesses.
P. Unintentional Failure to Disclose Hazards
Form CA0001 (if attached to this policy), Section IV - Business Auto Conditions, B. General
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Conditions, item 2.; and form CA0020 (if attached to this policy), Section V - Motor Carrier
Conditions, B. General Conditions, item 2.; the following is added:
However, if you unintentionally fail to disclose any hazards existing at the inception date of this
policy, we will not deny coverage under this Coverage Form because of such failure. This
provision does not affect our right to collect additional premium or exercise our right of
cancellation or non -renewal.
Q. Fellow Employee Coverage
Section II - Liability Coverage, B. Exclusions, 5. Fellow Employee, the following is added:
However, this exclusion does not apply if the bodily injury results from the use of a covered auto
you own or hire, and provided that any coverage under this provision only applies in excess over
any other collectible insurance.
R. Limited Mexico Coverage
WARNING
AUTO ACCIDENTS IN MEXICO ARE SUBJECT TO THE LAWS OF MEXICO ONLY - NOT THE
LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS
ANY AUTO ACCIDENT A CRIMINAL OFFENSE AS WELL AS A CIVIL MATTER.
IN SOME CASES THE COVERAGE PROVIDED HERE MAY NOT BE RECOGNIZED BY
THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENT
THIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO
COVERAGE FROM A LICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING IN
MEXICO.
THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR
OUTSIDE OF 25 MILES FROM THE BORDER OF THE UNITED STATES OF AMERICA.
Form CA0001 (if attached to this policy), Section IV - Business Auto Conditions, B. General
Conditions, item 7.; and form CA0020 (if attached to this policy), Section V - Motor Carrier
Conditions, B. General Conditions, item 7.; the following is added:
The coverage territory is extended to include Mexico, but only:
a. For accidents or losses occurring within 25 miles of the United States border; and
b. For trips into Mexico of 10 days or less; and
c. If the covered auto is principally garaged and principally used in the United States; and
d. If the insured is a resident of the United States.
If a loss to a covered auto occurs in Mexico, we pay for such loss in the United States. If the
covered auto must be repaired in Mexico in order to be driven, we will not pay for more than the
actual cash value of such loss as determined by us at the nearest United States point where the
repairs can be made.
Any insurance provided under this provision will be excess over any other collectible insurance.
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S. Extended Glass Coverage
Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, A. Coverage,
item 3.a.; and form CA0020 (if attached to this policy), Section IV - Physical Damage
Coverage, A. Coverage, item 3.a.; is deleted and replaced by the following:
a. Glass breakage. If glass must be replaced, the deductible will be $100 or the deductible
shown in the Declarations, whichever is less. If glass can be repaired and is actually repaired
rather than replaced, the deductible will be waived. You have the option of having the glass
repaired rather than replaced.
T. Broadened Definition of Bodily Injury
Form CA0001 (if attached to this policy), Section V - Definitions, item C.; and Form CA0020 (if
attached to this policy), SECTION VI - DEFINITIONS, item C.; is deleted and replaced by the
following:
C. Bodily Injury means bodily injury, sickness or disease sustained by a person including
death or mental anguish resulting from any of these at any time. Mental anguish means any
type of mental or emotional illness or disease.
U. Customer Lease or Loan Physical Damage Coverage Extension
Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, C. Limit Of
Insurance; and form CA0020 (if attached to this policy), Section IV - Physical Damage
Coverage, C. Limits Of Insurance; item 4. is added as follows:
4. If your covered owned auto is:
(1) Shown in the Schedule and designated as covered for Physical Damage Coverage; and
(2) Shown in this policy as having a loss payee or additional -insured -lessor; and
(3) Incurs a covered total loss;
we will pay the greater of:
(a) The actual cash value, as determined by us, of the damaged or stolen property as of
the time of the total loss; or
(b) The outstanding indebtedness under the initial finance agreement for the covered
auto and its equipment.
As used here, outstanding indebtedness means the amount you owe on the finance
agreement at the time of total loss:
(i) Less any amounts representing taxes, overdue payments, penalties, interest, or charges
resulting from overdue payments, additional mileage, excess wear and tear, or lease
termination fees; and
(ii) Less any administrative costs or overhead fees assessed by the finance company who
has leased the covered auto to you; and
(iii) Less security deposits not returned by the lessor; and
(iv) Less costs for extended warranties, Credit Life Insurance, Health, Accident or Disability
Insurance purchased with the loan or lease; and
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(v) Less carry-over balances from previous loans or leases.
V. Two or More Deductibles
1. Section III - Physical Damage Coverage, D. Deductible, of form CA0001 (if attached to this
policy), the following is added:
If another Allianz Global Risks US Insurance Company policy or coverage form that is not an
automobile policy or coverage form applies to the same accident or loss, the following
applies:
(1) If the deductible under this Business Auto Coverage Form is the lesser of (or least)
deductible, it will be waived.
(2) If the deductible under this Business Auto Coverage Form is not the lesser, (or least)
deductible, it will be reduced by the amount of the lesser (or least) deductible.
2. Section IV - Physical Damage Coverage, D. Deductible, of form CA0020 (if attached to this
policy), the following is added:
If another Allianz Global Risks US Insurance Company policy or coverage form that is not an
automobile policy or coverage form applies to the same accident or loss, the following
applies:
(1) If the deductible under this Business Auto Coverage Form is the lesser of (or least)
deductible, it will be waived.
(2) If the deductible under this Business Auto Coverage Form is not the lesser, (or least)
deductible, it will be reduced by the amount of the lesser (or least) deductible.
All other terms and conditions of the policy remain unchanged.
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Allianz ili
Courtesy Notice of Cancellation for Other Than
Nonpayment of Premium to Designated Entities-145977 03 19
Policy Amendment
Schedule
Name and Address of Person(s) or organizations Number of Days Notice if other than 10 days:
Information required to complete this Schedule, if not shown above, will be shown in the declarations.
This policy is amended as follows:
A. If We cancel this policy prior to expiration for any reason other than non payment of premium or at Your request,
and we have been notified that You are required under a current contractual obligation to notify a certificate of
insurance holder or holders when this policy is canceled, then We will endeavor to mail or deliver a copy of such
written notice of cancellation to the certificate holder(s) shown in the Schedule above, as follows:
1. To the name and address corresponding to each certificate of insurance holder indicated in the Schedule
above; and
2. At least 10 days prior to the effective date of the cancellation, as shown in our notice to the first Named
Insured, or, if indicated, the longer number of days notice shown in the Schedule above.
B. Notwithstanding the foregoing, such notice of cancellation is provided on an informational basis and solely to
assist You in informing the certificate of insurance holder(s) in advance of pending cancellation in coverage to
assist you in meeting Your contractual notice requirements to such parties. Our failure to provide such advance
notification to the certificate of insurance holder(s) shown in the Schedule of this endorsement will not extend any
policy cancellation date, negate any cancellation of the policy, or grant, alter or extend any rights or obligations
under this policy and we shall have no liability for any failure to provide the notice(s) as provided herein.
All other terms and conditions of this policy remain unchanged.
145977 03 19
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