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2020/11/01 Copp Contracting, Inc.
08/11/2021 Brown & Brown Insurance Services of CA, Inc. 2401 E. Katella Ave. Suite 550 Anaheim CA 92806 Azucena Chacon (714)221-1845 (714)221-4196 achacon@bbsocal.com Copp Contracting, Inc. 6751 Stanton Ave Buena Park CA 90621 AXIS Insurance Company 37273 Travelers Property Casualty Company of America 25674 State Compensation Insurance Fund of CA 35076 20/21 MASTER w/o IM A PD Deductible: $5,000 Y Y AXSP0102101 11/01/2020 11/01/2021 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 A Deductible $5,000 Y Y AXSA0102101 11/01/2020 11/01/2021 1,000,000 B 10,000 ZUP21P3473820NF 11/01/2020 11/01/2021 4,000,000 4,000,000 C Y 930077021 07/01/2021 07/01/2022 1,000,000 1,000,000 1,000,000 Re: City of Menifee, CIP 21-16 Rancho Lavita Resurfacing Project. The City of Menifee is named as Additional Insured as respects to General Liability and Business Auto in regards to the operations of the Named Insured per attached endt KDCXP-0003 (01/17) and KDCXA-0003 (01/17). GL, BA and WC Blanket Waiver of Subrogation applies per attached endts KDCXP-0003 (01/17), KDCXA-0003 (01/17) and 2572. City of Menifee 9844 Haun Road Menifee CA 92586 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY DocuSign Envelope ID: 4F5A9D5A-D3BE-4510-877B-E9990BDE4570 Includes copyrighted material of Insurance Services Office, Inc., with its permission KDCXP-0003 (01-17)Page 1 of 6 Endorsement No.Effective Date of Endorsement Policy Number Additional/Return Premium 11/1/2020 12:01 a.m. on If the above date is blank, then this endorsement is effective on the effective date of the policy. AXSP-01021-01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY COVERAGE EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Unless specifically stated in this endorsement, all other terms, conditions and exclusions of the policy remain unchanged. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the Company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V - Definitions. The following is a summary of the limits additional coverages and extensions provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. SCHEDULE Blanket Additional Insured When Required by Contract Included Broadened Definition of Mobile Equipment Included Damage to Premises Rented to You Broadened Perils Liberalization Included Medical Payments Increased to $10,000 per person (unless excluded) Non-Owned Aircraft If rented or loaned with a paid crew Non-Owned Watercraft Increased to 51 feet long Notice of Occurrence Included Per Location and Per Project Aggregates Included Property Damage to “Customers’ Goods”Up to $10,000 per “occurrence” Property Damage to Borrowed Equipment Up to $10,000 per “occurrence” Revised Exclusion for Expected or Intended Injury Included Supplementary Payments Bail Bonds Loss of Earnings Up to $2,500 Up to $300 a day Unintentional Failure to Disclose Hazards Included Waiver of Transfer of Rights of Recovery Included DocuSign Envelope ID: 4F5A9D5A-D3BE-4510-877B-E9990BDE4570 Includes copyrighted material of Insurance Services Office, Inc., with its permission KDCXP-0003 (01-17)Page 2 of 6 Changes to SECTION I - COVERAGES DAMAGE TO PREMISES RENTED TO YOU A.SECTION I - COVERAGE A., 2. Exclusions is amended to delete the last paragraph and is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE. 6.Subject to 5. above, the higher of $300,000 or the Damage to Premises Rented to You Limit shown in the Declarations is the most we will pay under Coverage A for damages because of “property damage” to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. NON-OWNED WATERCRAFT AND NON-OWNED AIRCRAFT RENTED OR LOANED TO YOU WITH A CREW Exclusion g. Aircraft, Auto or Watercraft, paragraph (2) is deleted in its entirety and replaced with the following: (2)A watercraft you do not own that is: (a)Less than 51 feet long; and (b)Not being used to carry persons or property for a charge. The following is added to g. Aircraft, Auto or Watercraft: (6)An aircraft not owned by any insured that is rented or loaned to you, provided that: 1.The pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2.It is rented with a trained, paid crew; and 3.It does not transport persons or cargo for a charge. If other insurance applies to a loss because of “property damage” to non-owned watercraft or aircraft as described in (2) (a) and (b) or (6) above, the insurance provided by this Coverage Form does not apply whether the other insurance is primary, excess, contingent, or issued on any other basis. Changes to SECTION I - COVERAGE A - EXCLUSIONS EXPECTED OR INTENDED INJURY Exclusion 2. a. is deleted in its entirety 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. PROPERTY DAMAGE - BORROWED EQUIPMENT A.2. Exclusions, j. Damage to Property, (4) Personal Property in the care, custody or control of the insured; DocuSign Envelope ID: 4F5A9D5A-D3BE-4510-877B-E9990BDE4570 Includes copyrighted material of Insurance Services Office, Inc., with its permission KDCXP-0003 (01-17)Page 3 of 6 does not apply to “property damage” to borrowed equipment while that equipment: 1.is not being used to perform operations; and 2.is away from an insured’s premises. B.The insurance afforded by this provision is excess over any valid and collectible property insurance (including any deductible) available to the insured whether primary, excess, contingent or on any other basis. C.SECTION III - LIMITS OF INSURANCE is amended to add the following: Subject to the General Aggregate provision, the most we will pay under this provision for “property damage” to borrowed equipment is $10,000 per “occurrence”. PROPERTY DAMAGE - “CUSTOMERS’ GOODS” A.Paragraphs (3), (4) and (6) of Exclusion j. of SECTION I - COVERAGES, COVERAGE A does not apply to “property damage” to “customers’ goods” while on your premises. B.The insurance afforded by this provision is excess over any valid and collectible property insurance (including any deductible) available to the insured whether primary excess, contingent or on any other basis. C.SECTION III - LIMITS OF INSURANCE is amended to add the following: Subject to the General Aggregate provision, the most we will pay under this provision for “property damage” to customers’ goods is $10,000 per “occurrence”. Changes to SECTION II - WHO IS AN INSURED ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN AGREEMENT WITH YOU A.Section II – Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1."Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, 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 DocuSign Envelope ID: 4F5A9D5A-D3BE-4510-877B-E9990BDE4570 Includes copyrighted material of Insurance Services Office, Inc., with its permission KDCXP-0003 (01-17)Page 4 of 6 b.Supervisory, inspection, architectural or engineering activities. 2."Bodily injury" or "property damage" occurring after: a.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Changes to SECTION III - LIMITS OF INSURANCE MEDICAL PAYMENTS The following applies only if Medical Payments Coverage is not excluded from the policy to which this endorsement is attached: Paragraph 7. is deleted in its entirety and replaced by the following: 7.Subject to paragraph 5, the Medical Expense Limit is equal to the Medical Expense Limit stated in the Declarations, subject to a minimum of $10,000 and is the most we will pay under Coverage C for all medical expenses because of “bodily injury” sustained by any one person. PER LOCATION AND PER PROJECT AGGREGATES SECTION III - LIMITS OF INSURANCE, is amended to add the following: A.For all sums which the insured becomes legally obligated to pay as damages caused by “occurrences” under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be attributed only to operations at a covered “location” or covered construction project: 1.A separate Per Location or Per Project General Aggregate Limit applies to each covered “location” or covered construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2.The Per Location or Per Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A., except damages because of “bodily injury” or “property damage” included in the “products-completed operations hazard”, and for medical expenses under COVERAGE C, regardless of the number of: a.insureds; b.claims made or “suits” brought; or c.persons or organizations making claims or bringing “suits”. 3.Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Per Location or Per Project General Aggregate Limit for each covered “location” or covered project for which payment is made. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other covered “location” or covered project’s general aggregate. DocuSign Envelope ID: 4F5A9D5A-D3BE-4510-877B-E9990BDE4570 Includes copyrighted material of Insurance Services Office, Inc., with its permission KDCXP-0003 (01-17)Page 5 of 6 4.The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Per Location or Per Project General Aggregate Limit. B.For all sums which the insured becomes legally obligated to pay as damages caused by “occurrences” under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which cannot be attributed only to ongoing operations at a covered “location” or covered project: 1.Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2.Such payments shall not reduce any Per Location or Per Project General Aggregate Limit. C.When coverage for liability arising out of the products-completed operations hazard” is provided, any payments for damages because of “bodily injury” or “property damage” included in the “products- completed operations hazard” will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Per Location or Per Project General Aggregate Limit. D.Definition For the purposes of the Per Location and Per Project Aggregates, “location” means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. E.If the applicable covered construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. F.The provision of Limits of Insurance (Section III) not otherwise modified by this endorsement shall continue to apply as stipulated. Changes to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Item 8. Transfer of Rights of Recovery Against Others to Us is amended by the addition of the following: We agree to waive any right of recovery we may have against any person or organization with whom you have agreed by contract prior to an “occurrence” to waive such rights because of payments we make for injury or damage arising out of your ongoing operations or “your work” done under a contract with that person or organization and included in the “products-completed operations hazard”. The waiver applies only to the person or organization with whom you have agreed in a contract prior to an “occurrence” to waive such rights. NOTICE OF OCCURRENCE The following is added to paragraph 2. Duties In The Event of Occurrence, Offense Claims or Suit: Your rights under the Coverage Part will not be prejudiced if you fail to give us notice of an “occurrence, offense, claim or “suit” and that failure is solely due to your reasonable belief that the “bodily injury” or “property damage” is not covered under this Coverage Part. However, you shall give written notice of this “occurrence” offense, claim or “suit” to us as soon as you are aware that this insurance may apply to such “occurrence” DocuSign Envelope ID: 4F5A9D5A-D3BE-4510-877B-E9990BDE4570 Includes copyrighted material of Insurance Services Office, Inc., with its permission KDCXP-0003 (01-17)Page 6 of 6 offense, claim or “suit”. UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS SECTION IV, COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following: 10.Based on our reliance on your representations as to existing hazards, if you unintentionally fail to disclose all such hazards prior to the beginning of the policy period of the Coverage Part, we shall not deny coverage under this coverage Part because of such failure. LIBERALIZATION SECTION IV, COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following: 11.If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. Changes to SECTION V - DEFINITIONS 12.Mobile Equipment, paragraph f. (1) is amended to add the following: This shall not apply to self-propelled vehicles of less than 1000 pounds gross vehicle weight. The following definition is added: 23.“Customers’ goods” means tangible personal property belonging to your customers and left with you for storage, service or repair. “Customers goods” does not include: a.Accounts, bills, currency, deeds, food stamps or other evidences of debt, money, notes or securities. Lottery tickets held for sale are not securities; or b.Animals; or c.Contraband, or property in the course of illegal transportation or trade; or d.Personal property while airborne or waterborne; or e.Property that is covered under another coverage form of this or any other policy in which it is more specifically described, except for the excess of the amount due (whether you can collect on it or not) from that other insurance; or f.Vehicles or self-propelled machines (including aircraft or watercraft) that are licensed for use on public roads. This paragraph does not apply to: (1)Vehicles or self-propelled machines, other than autos, you hold for sale; or (2)Rowboats or canoes out of water at the described premises; The following property while outside of buildings: (1)Grain, hay straw or other crops; (2)Fences, radio or television antennas (including satellite dishes) and their lead-in wiring, masts or towers, signs (other than signs attached to buildings), trees, shrubs or plants (other than trees, shrubs or plants held for sale) DocuSign Envelope ID: 4F5A9D5A-D3BE-4510-877B-E9990BDE4570 Includes copyrighted material of Insurance Services Office, Inc., with its permission KDCXA-0003 (01-17)Page 1 of 4 Endorsement No.Effective Date of Endorsement Policy Number Additional/Return Premium 11/1/2020 12:01 a.m. on If the above date is blank, then this endorsement is effective on the effective date of the policy. AXSA-01021-01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE COVERAGE EXTENSION ENDORSEMENT This endorsement modifies insurance provide under the following: BUSINESS AUTO COVERAGE FORM Unless specifically stated in this endorsement, all other terms, conditions and exclusions of the policy remain unchanged. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the Company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V - Definitions. The following is a summary of the limits, additional coverages and extensions provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Schedule Blanket Waiver of Transfer of Rights of Recovery Included Broadened Definition of Who Is An Insured Included Loss of Use Expenses Up to $50 a day / $750 Maximum Revised Deductible for Glass Damage Included Supplementary Payments Bail Bonds Loss of Earnings Up to $2,500 Up to $300 a day Transportation Expenses Up to $50 a day / $1,500 Maximum Unintentional Failure to Disclose Included Auto Loan/Lease Gap Coverage Included DocuSign Envelope ID: 4F5A9D5A-D3BE-4510-877B-E9990BDE4570 Includes copyrighted material of Insurance Services Office, Inc., with its permission KDCXA-0003 (01-17)Page 2 of 4 I. Changes to SECTION II – LIABILITY COVERAGE A.Coverage, 1. Who Is An Insured is amended to add the following: d. Any organization you newly acquire or form during the policy period provided you own 50% or more of the business entity. However, coverage under this provision: (1) Does not apply if the organization you acquire or form is an “insured” under another liability policy or would be an insured under such a policy but for its termination or the exhaustion of its limits of insurance; (2) Does not apply to “bodily injury” or “property damage” that occurred before you acquired or formed the organization; and (3) Is afforded only for the first 90 days after you acquire or form the organization or until the end of the policy period, whichever comes first. e. Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of a written contract or written agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered “auto”. However, the insurance provided will not exceed the lesser of: (1)The coverage and/or limits of this policy, or (2)The coverage and/or limits required by said contract or agreement. f. An employee of yours is an “insured” while using a covered “auto” you don’t own, hire or borrow in your business or your personal affairs. A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, (2) and (4) are deleted in their entirety and replaced with the following: (2) Up to $2,500 for cost of bail bonds (including bonds for related traffic law violations) required because of an “accident” we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the “insured” at our request, including actual loss of earnings up to $300 a day because of time off from work. II. SECTION III – PHYSICAL DAMAGE COVERAGE is amended to add the following: A.Coverage, 4. Coverage Extensions, a. Transportation Expenses is deleted in its entirety and replaced with the following: a.Transportation Expenses We will pay up to $50 per day, to a maximum of $1,500, for temporary transportation expense incurred by you because of the total theft of a covered “auto” of the private passenger type. We will pay only for those covered “autos” for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy’s expiration, when the covered “auto” is returned to use or we pay for its “loss”. DocuSign Envelope ID: 4F5A9D5A-D3BE-4510-877B-E9990BDE4570 Includes copyrighted material of Insurance Services Office, Inc., with its permission KDCXA-0003 (01-17)Page 3 of 4 A.Coverage, 4. Coverage Extensions, b. Loss Of Use Expenses is deleted in its entirety and replaced with the following: b.Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1)Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2)Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3)Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $50 per day, to a maximum of $750. D. Deductible is deleted in its entirety and replaced with the following: For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning and no deductible applies to glass damage if the glass is repaired rather than replaced. III. SECTION IV – BUSINESS AUTO CONDITIONS is amended as follows: A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us is deleted in its entirety and replaced with the following: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any “accident”, provided that the “accident” arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. A. General Conditions, 2. Concealment, Misrepresentation Or Fraud is amended by adding the following: 2. Concealment, Misrepresentation Or Fraud The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. IV. Auto Loan/Lease Gap Coverage is added as follows: For those businesses not listed as “auto” dealerships in the Declarations, the following provisions apply: If a long term leased “auto”, under an original lease agreement, is a covered “auto” under this Coverage Form and the lessor of the covered “auto” is named as an additional insured under this policy, in the event of a total loss to DocuSign Envelope ID: 4F5A9D5A-D3BE-4510-877B-E9990BDE4570 Includes copyrighted material of Insurance Services Office, Inc., with its permission KDCXA-0003 (01-17)Page 4 of 4 the leased covered “auto”, we will pay any unpaid amount due on the lease or loan, less the amount paid under the Physical Damage Coverage Section of the policy; and less any: a.Overdue lease/loan payments at the time of the “loss”; b.Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c.Security deposits not returned by the lessor; d.Costs for extended warranties, credit Life Insurance, Health Accident or Disability Insurance purchased with the loan or lease; and e.Carry-over balances from previous loans or leases. DocuSign Envelope ID: 4F5A9D5A-D3BE-4510-877B-E9990BDE4570 DocuSign Envelope ID: 4F5A9D5A-D3BE-4510-877B-E9990BDE4570