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2022/03/01 Berg & Associates, Inc.o.Go"CERTIFICATE OF LIABILITY INSURANCE COVERAGES CERTIFICATE NUMBER REVISION NUMBER: 03 03t01t2022 THIS CERTIFICATE IS ISSUEO AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFIGATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDEO BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PROOUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: lf the certiticate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. It SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, certaln policles may requlre an endorsement. A statement on lhis certlflcate does not conter rights to the certificate holder ln lieu of such endorsement(s). PRooucER 951-656_2409 Mccarry lnsurance Services 195'10 Van Buren Blvd. Ste. F3-142 R iveriele-CA 92508rNsuRED 310_548_9292 Berg & Associates, lnc. 302 W.sth Street, Suite 210 San Pedro. CA 90731 951-28'1-3900 1ic.0020867 310-548-9195 f!ffif' Patrick Mccarry iJ3lr'". e,u 95l:Q50-?4og iiffi!ss, pmccarry@yahoo.com lil,n.,, SSt-ZA1.SSOO TNSURER(S) AFFOROIIG CO rNsuRER a: West American lnsurance Company rNsunen s, Wesco lnsuran ce Com rNsuRERc: Nat'l union Fire lns.Co.of Pittsbur rnsunen o. StarStone National lnsurance Co. rr,rsunrn r U.S. Specialty lnsurance Company any 144393 25011)fitqs 25496 599 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED EELOW HAVE BEEN ISSUED TO THE INSURED NAI\,4ED ABOVE FOR IHE POLICY PERIOD INOICATED. NOTWITHSTANDING ANY REOUIREMENT. TERirl OR CONOITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO wHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDEO 8Y THE POLICIES OESCRIBED HEREIN IS SUBJECT IO ALL THE TERIVS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIO CLAIMS. INSR UIISTYPE OF INSURANCE $ 1,000,000 s 500O00 r 15,000 $ '1,000,000 $ 2,000,000 s 2,000,000 $ BLW (23) 60987836 PREMISES (Ea occ!rencll GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AG6REGATE PROOUCTS, COMP/OP AGG EACH OCCURRENCEIO RENTE- LOC O310112022 iO3lO1t2O23 Meo exe leny ore personl GENERAL IIA9ILITY y' coutuenctt ceHEnlL LngtLttyr ] "*,r.,*^o. [] *"r" PERSONAL & ADV INJIIRY ALL OWNED - AUTOS I HIREDAUTOS 1,00Q.000 B wPP161147804 03to1t2022 o3t41t2023 or"lBc DNE NGs MLI 'r INJ IV AIJTOMOBILE LIABILIT"Y BOOILY INJURY (Per person) SCHEDULED AUTOS NON,OWNED AUTOS Unv fP", "-,0"",rt'oAluAbE UMBRELLA LIAS C y' rxcess ua s 9,000,000 s 9,000,000 $ 9,000,000 y' occu^ CLA MS.MADE EBU 084786822 AGGREGAIE Prod/C.O. Agoreqoeo y' nererrrous0 O3tOjt2OZ2 : O3tO1t2O23 EAcH occrJRREr\cE WORKERS COIIIPENSATION ANO Ei'PLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERTMEMS€R EXCLUOED? DESCRIPTION OF OFERATIONS betow OTH. ER I OYEE $ 1,00qq00 $ 1,000900 $ 'l.000,000 03t01t2022 0310112023 110221022ND ITORY LIMIIS E,L, EACI] ACCIDENT E,L OISEASE. EA EMPL E,L. OISEASE. POLICY LIMII Professional Liability Liability each claim: $1,000,000 03t01t2023 Aggregate: $2,000.0000310112022uss 2232672E n-eterriiiel -cipis-di Ariali36l'HJ;3"rui#'i.STrEii"iiBliiJ"lffi'dl"",llh\?nts-constructions Ensineerins Services. Attached additional insured forms: CG8810-0413, CA990187-0715 CERTIFICATE HOLDER CANCELLATION City of Menifee 29844 Haun Road Menifee, CA 92586 SHOULO ANY OF THE AAOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION OATE THEREOF, NOTICE WILL BE DELIVEREO IN ACCORDANCE wlTH TI]E POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /./ O 1988.2010 ACORD CORPORATION. All rights ressrved. The ACORO nam€ and logo a,e registered marks of ACORDACORO 25 (20'10/05) ADD'SUBR LT THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT NONOWNED AIRCRAFT NON-OWNED WATERCRAFT PROPERTY OAMAGE LIABILITY . ELEVATORS EXTENDED OAMAGE TO PROPERry RENTED TO yOU (Tenant,s property Damage) MEDICAL PAYMENTS EXTENSION EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B ADDITIONAL INSUREDS . BY CONTRACT, AGREEMENT ORPERMIT PRIMARY AND NON.CONTRIBUTORY- ADDITIONAL INSURED EXTENSION ADDITIONAL INSUREDS - EXTENDED PROTECTION OFYOUR "LIMITS OF INSURANCE' WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED . FELLOW EMPLOYEE EXTENSION . MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US . WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU O 2Ot3 LiOerty Mutual lnsurance lncludes copyrighted material of lnsurance Services Office, lnc., with its permtsslon COMMERCIAL GENERAL LIABILITY cG 88 10 04 13 PAGE 2 2 2 2 3 3 3 5 6 6 7 7 7 7 7 8 8 cG 88 10 04 13 Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON.OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily lnjury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. lt is not owned by any insured; 2. lt is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted aulhority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. lt is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does nol apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON.OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Covsrago A - Bodily lnjury And Propcrty Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does nol apply to: (2) A watercrafl you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILIry - ELEVATORS Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily lniury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Oamage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifls are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section lV - Commercial General Liability Conditions, Condition 4. Other lnsurance, Paragraph b. Excess lnsurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Oamage) lf Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily lnjury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by lire, lightning, explosion, smoke, or leakage from an automalic llre proteclion system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises renlal or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section lll - Limits of lnsuranc6. @ 2013 Liberty Mutual lnsurance lncludes copyrighted material of lnsurance Services Office, lnc., with its permission 1 cG 88 10 04 '13 Page 2 of 8 E b. The last paragi.aph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automalic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section lll - Limits Of lnsurance. 2. Paragraph 6. under Section lll - Limits Of lnsurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While renled to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision o. EXTENDED DAMAGE To PRoPERTY RENTED To YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.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, lightning, explosion, smoke, or leakage from aulomatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are lncluded in your premises renlal or lease agreement, is not an "insured contract". MEDICAL PAYMENTS EXTENSION lf Coverage C Medical Payments is not otherwise excluded, are amended as follows: the Medical Payments provided by this policy under Paragraph 1. lnsuring Agreement of section l- coverage c - Medical payments, subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS . COVERAGES A AND B 1. Under Supplementary Payments - Coverages Aand B, Paragraph 1.b. is replaced by the following 2 b' Up to $3,000 for cost of bail bonds required because of accidents or lraffic law violations arising out of the use of any vehicle to which the Bodily lnjury Liability Coverage applies. We do not have to furnish these bonds. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incuned by the insured at our request to assist us in the investigation or defense of the claim or "suit', including actual loss of earnings up to t500 a day because of time off from work. G. ADDITIONAL INSUREDS . BY CONTRACT, AGREEMENT ORPERMIT 1. Paragraph 2. under Section ll - Who ls An lnsured is amended to include as an insured any person ororganizalion whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the addilional insured that are the subject of the written contract orwritten agreemenl provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract orwritten agreemenl; or @ 2013 Liberty Mutual lnsurance lncludes copyrighted material of lnsurance Services Office, lnc., with its permissioncG 88 't0 04 13 Page 3 of I b, Premises or facilities rented by you or used by you: or c. The maintenance, operalion or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does nol apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) lnsurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construclion, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or The construction,(b) (c) However: The ownership, erection, or removal of elevators; or mainlenance, or use of any elevators covered by this insurance 1. The insurance afforded to such additional insured only applies to the extent permilted by law; and 2. lf coverage provided to the additional insured is required by a contract or agreement, lhe insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph l.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) 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 (2) 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 prolect. With respect to Paragraph 1.b. above, a person's or organization's stalus as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respecls to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily inJury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties ln the Event Of Occurrence, Offense, Claim Or Suit under Section lV - Commercial General Liability Condi- tions. o 2013 Liberty Mutual lnsurance lncludes copyrighted material of lnsurance Services ffice, lnc., with its permissroncG 88 10 04 13 Page 4 of I @ ZOtS Liberty Mutual tnsurance lncludes copyrighted material of lnsurance Services Office, lnc., with its permrssioncG 88 10 04 13 Page 5 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily lnjury And propsrty Damage Liability: This insurance does not apply to: a. "Bodily in.lury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage,' occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specilications; or (2) Supervisory, inspection, architectural orengineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing inthe supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the otfense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering orsurveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, onthe 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 (2) That portion of "your work" out of which the injury or damage arises has been put to itsintended use by any person or organization olher than another contraclor or subcontractor engaged in performing operations for a principal as a part of the same project. e Any person or organizalion specilically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS endorsement is-sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section lll - Limits Of lnsurance: lf coverage provided to the additional insured is required by a contract or agreement, the most we willpay on behalf of the additional insured is lhe amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of lnsurance shown in the Declarations: whichever is less. This endorsement shall not increase the applicable Limits of lnsurance shown in the Declaratio ns. H. PRIMARY ANO NON.CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any formor endorsement under this policy. Condition 4. Other lnsurance of SECTION lV - COMMERCIAL GENERAL LtABlLlry CONDITIONS is amend-ed as follows: a. The following is added to paragraph a. primary lnsurance: lf an additional insured's policy has an Other lnsurance provision making ils policy excess, and youhave agreed in a wrilten contract or written agreement to provide the additional insured coverage on aprimary and noncontributory basis, this policy shall be primary and we will not seek contribution fromthe additional insured's policy for damages we cover. b. The following is added to Paragraph b. Excess lnsurance: When a written contract or written agreement, other than a premises lease, facililies renlal contracl or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designaled as a Named lnsured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I, ADDITIONAL INSUREOS . EXTENDED PROTECTION OF YOUR 'LIMITS OF INSURANCE' This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties ln The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specilied in a written contract or written agreemenl or the limits of insurance as stated in the Declarations of this policy and deflned in Section lll - Limits of lnsurance of this policy, whichever are less. These limits are inclusive of and not in addition to lhe limits of insurance available under this policy. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO ISAN INSURED -FELLOWEMPLOYEE EXTENSION . MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section ll - Who ls An lnsurGd is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ- menl or performing duties related to the conduct of your business, or lo your olher "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-'employee" or "volunteer worked, as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because ofthe injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care seryices. However,if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d))does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury,' caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury,, or ',personal and O 2013 Liberty Mutual lnsurance lncludes copyrighted material of lnsurance Services Office, lnc., with its permission I cG 88 10 04 13 Page 6 of I advertasing injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section ll -Who ls An lnsured is reptaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named lnsured if there is no other similar insurance available to that organizalion. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an otfense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the lirst Named lnsured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company thal is not shown as a Named lnsured in lhe Declarations or qualifles as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section lV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards orprior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT N Under Soction lV - Commercial Genoral Liability Conditions, the following is added to Condilion 2. Duties ln The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee', of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section ll - who ls An lnsured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suils" shall have received such notice from the agent, servant or "employee". LIBERALIZATION CLAUSE lf we revise this Commercial General Liability Extension Endorsemenl to provide more coverage wilhoutadditional premium charge, your policy will automatically provide the coverage as of the day the revision is effeclive in your state. BODILY INJURY REDEFINED Under Section V - Oefinitions, Definition 3. is replaced by the following: injury, sickness or disease sustained by a person. This includes shock, frighl or death that results from such physical injury, sick- o 3 "Bodily lnjury" means physical mental anguish, menlal injury, ness or disease. @ 2013 Liberty Mutual tnsurance lncludes copyrighted material of lnsurance Services Office, lnc., with its permisstoncG 88 10 04 13 Page 7 of 8 a. Expected Or lntended lnjury "Bodily injury" or "property damage" expected This exclusion does not apply to "bodily injury" reasonable force to protect persons or property. or intended or "property from the standpoinl damage" resulting of the insured. from the use of Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WTH YOU Under Section lv - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have againsl a person or organization 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 operalions hazard" provided: l. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequenl to lhe execution of the written contract or written agree- ment. O 20'13 Liberty l\4uiual lnsurance lncludes copyrighted material of lnsurance Services Offrce, lnc., with its permissioncG 88 10 04 't3 P. EXTENOED PROPERTY OAMAGE Exclusion a. of COVERAGE A. BODILY INJURY ANO PROPERTY OAMAGE LlABlLlry is replaced by the following: Page 8 of I POLICY NUMBER: WPP 1611478 04 COMMERCIAL AUTO cA990187 0715 This Endorsement Changes The Policy. Please Read lt Carefully BUSINESS AUTO COVERAGE EXPANSION ENDORSEMENT This endorsement modifies insurance provided by the following BUSINESS AUTO COVERAGE FORM lncludes Copyrighted Material of lnsurance Ssrvices Offices, lnc. Used with pormission With respect to coverage provided by this endorsement, the provisions of the COVERAGE FORM apply unless modified by the endorsement. A. Newly Acquired or Formed e. An "employee" of yours is an ,'insured,, Organizations, Employee Hired Car while operating an "auto" hired or rented Liability and Blanket Additional lnsured under a contract or agreement in that Status for Certain Entities. "employee's" name, with your Item ,1. who is an lnsured of Paragraph A. permission, while performing duties coverage under sEcTloN ll - covERED related to the conduct of your business. AUTOS LIABILITY COVERAGE is f. Any person or organization you are amended to add: required by written contract or d. Any organization you newly acquire or agreement to name aS an additional form, olher than a partnership, jornt "insured", but only with respect to venture or limited liability compiny, and liability created in whole or in part by over which you maintain ownership of a such agreement' majority interest (greater than 50%), will B. lncrease Of Loss Earnings payment qualify as a Named lnsured; however, Subpart (4) of a. supplementary payments (1) coverage under this provtsion is of ltem 2. Coverage Extensions of afforded only until the 180"'day Paragraph A. Coverage under SECTION ll after you acquire or form the - COVEREO AUTOS L|ABILITY organization or the end of the policy COVERAGE is amended to read: period, whlchever is earlier; (4) We will pay reasonable expenses(2) coverage does not apply to "bodily incurred by the "insured" at our injury", "propery damage" or request, including actual loss of "covered pollution cost or expense" earnings up to $'1,000 per day that results from an "accident" which because of time off from work. occurred before you 1"--qrl:* o|. c. Fellow Emptoyee tnjured By coveredformed the organization, and -' auio Vou Own Or Hire (3) coverage does not apply if there is ltem s. Fellow Employee of paragraph B.other similar insurance avarlable to Ercirsior" under SECTION ll _ COVEREDthat organization, or if slmilar aUfOS LnetL|Ty COVERAGE isinsurance would have been amenOeO to aOO:available but for its termination or the exhaustion of its limits of This exclusion does not apply if the "bodily insurance. injury" results from the use of a covered rhis insurance do". not ??ill-,j - - ;3:f;.[: i]?r"j 31""; "t",""i1?",lTiji,i"?coverage for the newly ac-qullgq o.l. any other co ectible insurance.formed organtzation is excluded etther by the provisions of this coverage form or by endorsement. cAg90187 0715 Page 1 of 5 D. Limited Automatic Towing Coverage Item 2. Towing, of Paragraph A. Coverage, under SECTION lll - PHYSICAL OAMAGE COVERAGE is amended to read: 2. Towing We will pay for towrng and labor costs each tlme that a covered "auto" is disabled. All labor must be performed at the place of disablement of the covered "auto". a. The limit for towing and labor for each disablement is $500, b. No deductible applies to this cover- age. E. ltem 3. Glass Breakage - Hitting A Bird Or Animal - Falling Objects or Missiles of Paragraph A. Coverage under SECTION lll - PHYSICAL DAMAGE COVERAGE, is amended to add: Glass Repair Coverage We will waive the Comprehensive deductible for Glass, if one is indicated on your covered "auto", for glass repairs. We will repair at no cost to you, any glass that can be repaired without replacement, provided the "loss" arises from a covered Comprehensive "loss" to your "auto". F. lncrease Of Transportation Expenae Coverage Subpart a. Transportation Expenses of Item 4. Coverage Extensions of Paragraph A. Coverage under SECTION lll -PHYSICAL DAMAGE COVERAGE is amended to read: a. Transportation Expensos We will pay up to $50 per day to a maximum of $1,000 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 or Theft 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". G. "Personal Effects" Coverage Item 4. Coverage Extensions of Paragraph A. Coverage, under SECTION lll - PHYSICAL DAMAGE COVERAGE, is amended to add: "Personal Effects" Coverage We will pay actual cash value for "loss" to "personal effects" of the "insured" while in a covered "auto" subject to a maxrmum Iimit of $2,500 per "loss", for that covered "auto" caused by the same "accident". No deductible will apply to this coverage. H. "Downtime Loss" Coverage Item 4. Coverage Extensions, of Paragraph A. Coverage, under SECTION III. PHYSICAL DAMAGE COVERAGE, iS amended to add: "Downtime Loss" Coverage We will pay any resulting "downtime loss" expenses you sustain as a result of a covered physical damage "loss" to a covered "auto" up to a maximum of $'100 per day, for a maximum of 30 days for the same physical damage "loss", subject to the following conditions: a. We will pr-ovide "downtime loss" beginning on the 5"' day after we have given you our agreement to pay for repairs to a covered "auto" and you have given the repair facility your authorization to make repairs; b. Coverage for "downtime loss" expenses will end when any of the following occur: (1) You have a spare or reserve "auto" available to you to continue your operations. (2) You purchase a replacement "auto". (3) Repairs to your covered "auto" have been completed by the repair facility and they determine the covered "auto" is road-worthy. (4) You reach the 30 day maximum coverage. lncludes Copyrighted Material of lnsurance Services Offices, lnc. Used with permission cA990187 071s Page 2 of 5 l. ltem 4, Coverage Extensions, of Paragraph A. Coverage, under SECTION lll. PHYSICAL DAMAGE COVERAGE. is amended to add: We will pay any resulting rental reimbursement expenses incurred by you for a rental of an "auto" because of "loss" to a covered "auto" up to a maximum of $100 per day, for a maximum of 30 days for the same physical damage "loss", subject to the following conditions: a. We will provide rental reimbursement incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy expiration, with the number of days reasonably required to repair or replace the covered "auto". lf the "loss" is caused by theft, this number of days is the number of days it takes to locate the covered "auto" and return it to you or the number of days it takes for the claim to be settled, whichever comes first. b. Our payment is limited to necessary and actual expenses incurred. c. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. d. lf a "loss" results from the total theftof a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the physical Damage Coverage Extension J. "Peisonal Effects" Exclusion Paragraph B. Exclusions under SECTION III - PHYSICAL DAMAGE COVERAGE, iS amended to add: "Petsonal Effects" Exclusion We will not pay for "loss" to "personal effects" of any of the following: a. Accounts, bills, currency, deeds, evidence of debt, money, notes, securities or commercial paper or other documents of value. b. Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry; watches, precious or semi-precious stones. c. Paintings, statuary and other works of a rt. d. Contraband or property in lhe course of illegal transportation or trade. e. "Loss" caused by theft, unless there is evidence of forced entry into the covered "auto" and a poljce report is fited. K, Accidental Airbag Discharge Coverage Item 3.a. of Paragraph B. Exclusions under SECTION III - PHYSICAL DAMAGE COVERAGE is amended to read: a. Wear and tear, freezing, mechanical or electrical breakdown. The exclusion relating to mechanical break-down does not apply to the accidental discharge of an air bag. L. Loan or Lease Gap Goverage Paragraph C. Limit Of lnsurance under SECTION III - PHYSICAL OAMAGE COVERAGE is amended to addi lf a covered "auto" is owned or leased and if we provide Physical Damage Coverage on it, we will pay, in the event of a covered total "loss", any unpaid amount due on the lease or loan for a covered "auto", less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease or loan payments including penalties, interest or other charges resulting from overdue payments at the time of the "loss", (2) Financial penatties imposed under a lease for excessrve use, abnormal wear and tear or high mileage, (3) Costs for extended warranties, Credit Life lnsurance, Health, Accident or Disability lnsurance purchased with the loan or lease; (4) Security deposits not refunded by the lessor; and (5) Carry-over balances from previous loans or leases lncludes Copyrighted Material of lnsurance Services Offices, lnc. Used with permission cAg90187 0715 Page 3 of 5 M. Aggregate Deductible Paragraph D. Deductible under SECTION lll - PHYSICAL DAMAGE GoVERAGE is amended to add: Regardless of the number of covered "autos" involved in the same "loss", only one deductible will apply to that "loss". lf the deductible amounts vary by "autos", then only the highest applicable deductible will apply to that "loss". N. OiminishingDeductible Paragraph D, Deductible under SECTION lll - PHYSICAL DAMAGE COVERAGE is amended to add: Any deductible will be reduced by the percentage indicated below on the first "loss" reported during the corresponding policy period: Loss F.ee Policy Periods With the Expansion Endorsement Deductible Reduction on the first "loss" 1 0% 2 25% 3 500/" 4 75% 5 100% lf we pay a Physical Damage "loss" during the policy period under any BUSINESS AUTO COVERAGE FORM you have with us, your deductible stated in the Declarations page of each such COVERAGE FORM will not be reduced on any subsequent claims during the remainder of your policy period and your deductible reduction will revert back to 0% for each such COVERAGE FORM if coverage is renewed. O. Knowledge of Loss and Notice To Us Subsection a. of ltem 2. Duties ln the Event of Accident, Claim, Suit or Loss of Paragraph A. Loss Conditions under SECTION IV -- BUSINESS AUTO CONDITIONS is amended to add: However, prompt notice of the "accident", claim, "suit" or "loss" to us or our authorized representative only applies after the "accident", claim, "suit" or "loss" is known to: (1) You, if you are an individual, (2) A pa(ner, if you are a partnership, (3) An "executive officer" or director, if you are a corporation, (4) A manager or member, if you are a limited liability comPan!/; (5) Your insurance manager; or (6) Your legal representative. P. Waiver Of Subrogation For Auto Liability Losses Assumed Under lnsuled Contract Item 5. Transfer Of Rights Of Recovery Against Others To Us of Paragraph A. Loss Conditions under SECTION lV - BUSINESS AUTO CONDITIONS is amended to read: 5. Transfer of Rights of Recovery Against Others To Us lf any person or organization to or for whom we make payments under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after an "accident" or "loss" to impair them. However, if the insured has waived those rights to recover through a written contract, we will waive any right to recovery we may have under this Coverage Form. Q. lnsurance is Primary and Noncontributory Subpart a. of ltem 5. Other lnsurance of Paragraph B, General Conditions under SECTION IV - BUSINESS AUTO CONDITIONS is amended to read: a. This insurance is primary and noncontributory, as respects any other insurance, if required in a written contract with you. R. Other lnsurance - Hired Auto Physical Damage Subpart b. of ltem s..Other lnsurance of Paragraph B. General Conditions under SECTION IV. BUSINESS AUTO CONDITIONS is amended to read: b. For Hired Auto Physical Damage coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrowi and lncludes Copyrighted Material of lnsurance Services Offices, lnc Used with Permission cA990187 0715 Page 4 of 5 (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". S. Unintentional Failure To Disclose Hazards Paragraph B. General Conditions under SECTION IV - BUSINESS AUTO CONDI. TIONS is amended to add: 9. Your failure to disclose all hazards existing as of the inception date of this policy shall not prejudice the coverage afforded by this poticy, provided that such failure to disclose all hazards is not intentional. However, you must report such previously undisclosed hazards to us as soon as practicable after its discovery. T. Additional Definition SECTION V - DEFINITIONS is amended to add: "Personal effects" means personal property owned by the "insured". "Downtime loss" means actual loss of "business income" for the period of time that a covered "auto": 1. ls out of service for repair or replacement as a result of a covered physical damage "loss" and 2. ls in the custody of a repair facility if not a total "loss". "Business lncome" means: 1. Net lncome (Net Profit or Loss before income taxes) that would have been earned or incurred, and 2. Continuing normal operating expenses incurred, including payroll. lncludes Copyrighted Material of Insurance Services Offices, lnc. Used with permission cA990187 0715 ln this endorsement, Headinos and Tifles are insefted solely for the convenience and ease of reference. They do not affect the coverage provided by this endorsement, nor do they constitute any part of the terms and conditions of this endorcement. Allother policy wording not specifically changed, modified, or replaced by this endorsement wording remains in effect. Page 5 of 5