2022/02/14 Leighton Consulting, Inc. (28)page 56 of 163Fliqj*ll{+i}
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Client*: 1257049 3OSLEIGHGRO
ACORD" CERTIFICATE OF LIABILITY INSURANCE
COVEBAGES CERTIFICATE NUMBEN REVISION NUMBER
1211912022
THIS CEFITIFICATE IS ISSUED AS A MATTEB OF INFORMAIION ONLY ANO CONFERS NO BIGHTS UPON THE CERTIFICATE HOLOEB. THIS
CERTIFICATE OOES NOT AFFIBMATIVELY OB NEGATIVELY AMENO, EXTEND OR ALTEF THE COVEBAGE AFFONOED BY THE POLICIES
BELOW. THIS CEBTIFICATE OF INSUFANCE OOES NOT CONSTITUTE A CONTBACT BETWEEN THE ISSUING INSUBEBIS). AUTHOBIZED
REPBESENTATIVE OF PBODUCEF, AND THE CEFTIFICATE HOLDEF.
IMPOFTANY: tf tho csrtllicai. holder ls an AOOITIONAL INSUBED, lh. pollcy(les) murt hav. ADDITIONAL INSU-ED Provislons oI bo endoraod.
It SUBBOGATION lS WAIVEO, 6ubi.ct to th6 termo and condllaono of th. policy, c.n6lh policics mry requl16 an ondoreement. A ltttem.nt oh
thls c€ illcsla does not conl.r sny rights lo lha cortificEle holdor ln liau ot auch endors.ment(a)
McGrttf lnsurance Serylces
130 Thoory Sto 2OO
lrvlno, CA 92617
714 941-2800
aoNrtrcr
pHOfiE FAX( /c, No, Err): {rc, r,lo)
iil6lLEss c€rtscA@McGrlfl.com
IIISUFEF(S) AFFORDING COVEFACE
t|lsuREF a L6xln0loh ln3uranc. Company
tNsuAEn B Travclara Propcrty Casually Co ol Am.r
Trav.l.13 lndcmnlty Co ol CT
19437
25674
256€2Lelghton Group lnc
177 91 Cowan Ste, 100
lrvlne. CA 92614-6009
INSUBER O
IN6IJREA E
THIS IS TO CERTIFY THAI THE POLICIES OF INSUFANCE LISTED BELOW HAVE BEEN ISSUEO TOTHE INSURED NAMED ABOVE FOB THE POLICY PEFIOD
INDICATED, NOTWITHSTANDING ANY FEOUIFEMENI, TERM OB CONDITION OF AI'JY CONTRACT OF OTHEN DOCUMENT wlTH FIESPECT IO WHICH THIS
CEBTIFICATE MAY BE ISSUED OH MAY PEBfAIN, THE INSUFANCE AFFOBDED EY THE POLICIES DESCRIBEO HEBEIN IS SUB.JECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF STJCH POLICIES LIMTS SHOWN MAY HAVE BEEN BEOUCED BY PAID CLAIMS,
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NOTE THE ABOVE CAPTIONED GENEgAL LIIHTITV, AUTO LIABILITY AND UMBRELLA LIABILITY POLICIES WEFE CANCELLED
EFFECTIVE 11/1/2022. MCGRIFF IS NO LONGER THE INSUHANCE BROKER ON THE OTHER COVEHAGES DISPLAYED ON THIS
CERTIFICATE AS OF 1'11112022, PLEASE CONTACT LEIGHTON DIHECT (NIXHILA SRIRANGPATNA -
srtrangpatna@btghtongroup.com) FOR A CUHRENT CERTIFICATE OF INSURANCE. THIS CERTIFICATES FEPLACES AND
SUPEHSEDES ANY PBEVIOUSLY ISSUED CERTIFICATE.
(Sse Attach€d Descrlptions)
CERTIFICATE H R
Clty ot Monllee
29714 Haun Foad
Monlree, CA 9258&moo
SHOULDANY OF THE ABOVE DESCBIBED POLICIES BE CAI{CELLED BEFOBE
TIIE EXPIBATION OATE THEBEOF, I{OTICE WILL 8E DELIVEFED IN
ACCOBDANCE WITH THE POLICY PROVISIOI{S.
AUTBOAU EO FEPBESENTAT VE
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CANCELLATION
4469
ACORD 25 (2016/03) 1 ol2
*s312275431M31204.287
O 198&2015 ACOBO COFPOHATION. All rlghta r.!.rycd
Tho ACOFD h.me rnd logo.r. rcglrl.red m!rk. ol ACOBD SYl
EW4i-l!r-i+4ffi
pago 57 of 163
DESCRIPTIONS (Continued from Page 1)
Cerlificate is subioct to policy llmlls, conditions and qxclusions.
Re: Prol *1105't Clty ol Menilea Profe3eional Servlces. City ot Menileq ars lncludod as addltlonal insured aa
respects lo Genoral Llsblllty and Commerclal Auto covoragos as requlred by wrltten Contracl. Gen€ral
Liability and Auto Liabillty coveragas ar€ prlmary and noncor ribulory as rsquired by wrttten contract.
Waiver ol Subrogallon ls lncludod wlth rospoct General Liablllty, Auto Llablllty, Workers Compensatlon as
requirod by writlon contract. Umbrella Liabilily 13 lollow torm subloct to pollcy lorms, lerms, condltlons,
exclusions and endorsemenls. 9GDay Nollce ol Cancsllalion, Excspl lor l eDays lor Nonpayment ol Premlum
applles to Genoral Liablllty as roqulrod by $rrltten conlract.
4410
SAGITTA 2s.3 (201d031 2 ol2
*s31227543tM3120/.247
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Leighton Group lnc
8A3R7084312243G
BUSINESS AUTO COVERAGE FORM
page 58 of 163
COMMERCIAL AUTO
cA 00 01 1013
SECTION I - COVERED AUTOS
Item Two of lhe Declarations shows the "autos" that
are covered .autos'for each of your coverages. The
following numerical symbols describe the'autos" that
may be covered "autos". The symbols entered next to
a coverage on the Declarations designate the only
"autos" that are covered "autos".
A. Descriptlon Of Coverod Auto Designatlon
Symbols
Various provasions in this policy restrict coverage.
Read the entire policy carefully to determine rights,
duties and what is and is nol covered.
Throughout this policy the words "you' and "your''
refer to the Named lnsured shown in the Declarations.
The words 'we", "us" and "ouf refer to the company
providing this insurance.
Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V -
Definitions.
Symbol Descriptlon Of Covered Auto Designation Symbols
1 Any 'Auto'
Owned 'Autos"
Only
only those'autos" you own (and for Covered Autos Liability coverage any
"trailers" you don't own while attached to power units you own). This includes
those "autos' you acquire ownership of afler the policy begins.
3 Owned Private
Passenger
"Autos" Only
Only the private passenger "autos'you own. This includes those private
passenger "autos" you acquire ownership of after the policy begins.
4 Owned
"Autos" Other
Than Private
Passenger
"Autos" Only
Only those "autos" you own thal are not of lhe private passenger type (and for
Covered Autos Liability Coverage any "trailers" you don't own while attached lo
power units you own). This includes those 'autos" not of the private passenger
type you acquire ownership of alter the policy begins.
5 Owned 'Autos'
Subject To
No-fault
Only those'autos" you own that are required to have no-fault benefits in the state
where they are licensed or principally garaged. This includes those'autos'you
acquire ownership of afier the policy begins provided they are required to have no-
fault benefits in the state where they are licensed or principally garaged.
6 Owned "Autos"
Subject To A
Compulsory
Uninsured
Motorists Law
Only those "autos" you own that because of the law in the state where they are
licensed or principally garaged are required to have and cannot reject Uninsured
Motorists Coverage. This includes those "autos" you acquire ownership of afler the
policy begins provided they are subject to the same slale uninsured motorists
requirement.
Only those "autos" described in ltem Three of the Declarations for which a
premium charge is sho.vn (and for Covered Autos Liability Coverage any'trailers"
you don't own while attached to any power unit described in ltem Three).
Specifically
Described
'Autos"
8 Only those "autos" you lease, hire, rent or borrow. This does not include any "auto.
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.
Hired "Autos"
Only
9 Only those "autos" you do not own, lease, hire, rent or borrow that are used in
connection with your business. This includes "autos'owned by your 'employees",
partners (if you are a partnership), members (if you are a limited liability company)
or members of their households but only while used in your business or your
personal affairs.
Non-owned
"Autos" Only
44t1
cA 00 01 1013 @ lnsurance Services Office, lnc., 201'1 Page 'l of 12
2
$TEXIffi
B. ownsd Autos You Acquire After The Pollcy
Beglns
1. lf Symbols 1, 2, 3, 1, 5, 6 or 19 are entered
next to a coverage in ltem Two of the
Declaratrons, then you have coverage for
"autos' that you acquire of the type described
for the remainder of the policy period.
2. But, if Symbol 7 is entered next to a coverage
in ltem Two of the Declarations, an 'auto' you
acquire will be a covered 'auto" for that
coverage only if:
a. We already cover all "autos" that you own
for that coverage or it replaces an'auto"you previously owned that had that
coverage; and
b. You tell us within 30 days affer you acquireit that you want us to cover it for that
coverage.
C. Cortaln Trallers, Moblle Equlpment And
Temporary Substltute Autos
lf covered Autos Liability Coverage is provided bylhis Coverage Form, the following types of
vehicles are also covered "aulos' tor Covered
Autos Liability Coverage:
1. "Trailers" with a load capacity of 2,000 pounds
or less designed primarjly for travel on public
roads.
2. "Mobile equipment" while being carried or
towed by a covered "auto".
3. Any'auto" you do not own while used with the
permission of its owner as a temporary
substitute for a covered 'auto' you own that is
oul ol service because of rts:
a. Breakdown:
b. Repair;
c. Servicing;
d. "Loss"; or
e. Oestruction.
page 59 of 163
SECTION II - COVERED AUTOS LIABILITY
COVERAGE
A. Covsrags
We will pay all sums an "insured" legally must pay
as damages because of "bodily injury" or'property
damage" to which this insurance applies, caused
by an "accident'and resulting from the ownership,
maintenance or use of a covered "auto".
We wll also pay all sums an "insured" legally must
pay as a 'covered pollulion cost or expense" to
which this insurance applies, caused by an
"accident" and resulting from the ownership,
maintenance or use of covered "autos". However,
we will only pay for the "covered pollution cost or
expense' if there is either "bodily in]ury" or
"property damage" to which this insurance applies
that is caused by the same "accident".
We have the right and duty to defend any
"insured" against a'suit'asking for such damages
or a "covered pollution cost or expense". However,
we have no duty to defend any "insured" against a"suit" seeking damages for 'bodily injury" or
"property damage" or a "covered pollution cost or
expense" to which this insurance does not apply.
We may investigate and settle any claim or "suit"
as we consider appropriate. Our duty to defend or
settle ends when the Covered Autos Liability
Coverage Limit of lnsurance has been exhausted
by payment of ludgments or settlements.
l. Who ls An lnsured
The following are 'insureds":
a. You for any covered'auto'.
b. Anyone else while using with your
permission a covered "auto" you own, hire
or borrow except:
('l) The owner or anyone else from whom
you hire or borrow a covered "auto".
This exception does not apply if the
covered "auto" is a'trailer" connected lo
a covered "auto" you own.
'19 Mobile
Equipment
Su bject To
Compulsory Or
Financial
Responsibility
Or Other Motor
Vehicle
lnsurance Law
Only
Only those 'autos' that are land vehicles and that would qualify under the definition
of 'mobile equipment' under this policy if they were not subiect to a compulsory or
fnancial responsibilily law or other motor vehicle insurance law where they are
licensed or principally garaged.
44t2
Page 2 ol 12 O lnsurance Services Offlce, lnc., 201 1 cA 00 01 1013
u#itt
HITT
page 60 of 163
(2) Your "employee" if the covered "aulo'is
owned by that "employee" or a member
of his or her household.
(3) Someone using a covered "auto" while
he or she is working in a business of
selling, servicing, repairing, parking or
storing "aulos" unless that business is
yours.
(4) Anyone other than your "employees",
partners (if you are a partnership),
members (if you are a limited liability
company) or a lessee or borrower or
any of their "employees", while moving
property to or from a covered "auto".
(5) A partner (if you are a partnershiP) or a
member (if you are a limited liability
company) for a covered "auto' owned by
him or her or a member of his or her
household.
c. Anyone liable for the conduct of an
"insured" described above but only to the
extent of that liability.
2. Coverage Extenslons
a. Supplomentary PaYments
We will pay for the "insured":
(l) All expenses we incur.
(2) Up to $2,000 for cost of bail bonds
(including bonds for related traffic law
violations) required because of an
"accldent" we cover. We do not have to
furnish these bonds.
(3) The cost of bonds to release
altachments in any "suit" against the
"insured" we defend, but only for bond
amounts within our Limit of lnsurance
(4) All reasonable expenses incurred by the
"insured" al our request, including aclual
loss of earnings uP to $250 a day
because of time off from work.
(5) All court costs taxed against the
"insured" in any "suit" against the
'insured" we defend. However, these
payments do not include altorneys' fees
or attorneys' expenses taxed against the
"insured".
(6) All interest on the full amount of any
judgment that accrues afrer entry of the
judgment in any "suit' against the
"insured" we defend, but our duty to pay
interest ends when we have Paid,
offered to pay or deposited in court the
part of the judgment that is within our
Limit of lnsurance.
4413
cA 00 01 1013 @ lnsurance Services Office, lnc., 201'1
These payments will not reduce the Limit of
lnsurance.
b. Out-of-stateCoverageExtenslons
While a covered "auto" is away from the
state where it is licensed, we will:
(1) lncrease the Limit of lnsurance for
Covered Autos Liability Coverage to
meet the limits sPecified bY a
compulsory or fnancial responsibility
law of the iurisdiction where the covered
"auto" is being used. This extension
does not apply to the limit or limits
specified by any law governing motor
carriers of passengers or property.
(2) Provide the minimum amounts and
types of other coverages, such as no-
fault, required o, out-of-state vehicles by
the jurisdiction where the covered "auto"
is being used.
We will not pay anyone more than once for
the same elements of loss because of
these extensions.
B. Excluslons
This ansurance does not apply to any of the
lollowing:
l. Expected Or lntended lnrury
"Bodily inlury' or "property damage" expected
or intended from the standpoint of the
"insured".
2. Contractual
Liability assumed under any contract or
agreement.
But this exclusion does not apply to liability for
damages:
a. Assumed in a contracl or agreement that is
an "insured conlract", provided lhe "bodily
inlury" or "proPerty damage" occurs
subsequent to the execulion of lhe contract
or agreement; or
b. That the "insured" would have in the
absence of the contract or agreement.
3. Workers' ComPensation
Any obligation for which the 'insured" or the
"insured's' insurer may be held liable under
any workers' comPensation, disability benefits
or unemployment compensation law or any
simalar law.
Page 3 of 12
F#$
HItrElh.+i!A
4. Employee lndemnfflcatlon And Employer's
Llablllty
"Bodily injury" to:
a. An 'employee" of the 'insured' arising out
of and in the course of:
('l ) Employment by the "insured"; or
(2) Performing the duties related to the
conduct of the .insured's' business: or
b. The spouse. child, parent, brother or sister
of that "employee" as a consequence of
Paragraph a. above.
This exclusion applies:
(l ) Whether the 'insured" may be liable as
an employer or in any other capacity;
and
(2) To any obligation to share damages with
or repay someone else who must pay
damages because of the injury.
But this exclusion does not apply to "bodily
injury" to domestic 'employees" not entitled to
workers' compensation benefts or to liability
assumed by the "insured" under an "insured
contract". For the purposes of the Coverage
Form, a domestic "employee" is a person
engaged rn household or domestic work
performed principally in connection with a
residence premises.
5. Fellow Employ6e
'Bodily injury' to:
a. Any fellow 'employee" of the "insured"
arising out of and in the course of the fellow
"employee's" employment or while
performing duties related to the conduct of
your business, or
b. The spouse, child, parent, brother or sister
of that fellow "employee' as a consequence
of Paragraph a. above.
6. Care, Custody Or Control
"Property damage" to or "covered pollution costor expense" involving property owned or
transported by the 'insured' or in the
"insured's' care, custody or control. But this
exclusion does not apply to liability assumed
under a sidelrack agreement.
7. Handling Of Proporty
"Bodily injury" or "property damage" resulting
from the handling of prop€rty:
a. Before it is moved from the place where it is
accepted by the "insured" for movement
inlo or onto the covered "auto": or
pago 61 of 163
b. Afler it is moved from the covered "auto" to
the place where it is finally deliverod by the
"insured".
8. Movement Of Property By Mochanlcal
Devlce
"Bodrly inlury" or "property damage" resulting
from the movement of property by a
mechanical device (other than a hand kuck)
unless the device is attached to the covered
"auto".
9. Operatlons
"Bodily anlury" or "property damage" arising out
of the operalion of:
a. Any equipment lisled in Paragraphs 6.b.
and 6.c. of the definition of 'mobile
equipment';or
b. Machinery or equipmenl that is on, sttachedto or part of a land vehicle that would
qualiry under the dellnition of "mobile
equipment' if it were not subject to a
compulsory or financial responsibility law or
other motor vehicle insurance law where it
is licensed or principally garaged.
10. Completed Opgratlons
"Bodily injury" or "property damage" arising outof your work after that work has been
complded or abandoned.
ln this exclusion, your work means:
a. Work or operations performed by you or on
your behalf; and
b. Materials, parts or equipment furnished in
connection with such work or operalio{rs.
Your work includes warranties or
representations made at any time with respect
to the fltness, quality, durability or performance
of any of the items included in Paragraph a. or
b. above.
Your work will be deemed compleled at the
earliest of the following times:
(1) Vvhen all of the work called for in your
contract has been completed I
(2) When all of the work lo be done at the
site has been completed if your contract
calls for work at more than one site: or
(3) When that parl 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
workrng on the same project.
44t4
@ lnsurance Services Offrce, lnc., 2011 ca 00 01 1013Page 4 ol 12
Ht4flDflttr
H L{-ti+
Work that may need service, maintenance,
correction, repair or replacement, but which is
otheMise complete, will be treated as
completed.
'l l . Pollutlon
'Bodily injury" or "property damage" arising out
of the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of "Pollutants':
a. That are, or that are contained in any
property that is:
(1) Being transported or towed by, handled
or handled for movement into. onto or
from the covered "auto';
(2) Olherwise in the c,ourse of transit by or
on behalf of the "insured"; or
(3) Being stored, disposed of, treated or
processed in or uPon the covered
"aulo";
b. Before lhe "pollutants" or any property in
which the "pollutants" are contained are
moved from the place where they are
accepted by the "jnsured' for movement
into or onto the covered "auto": or
c. After the "pollutants" or any proPerty in
which the "pollutants" are conlained are
moved from the covered 'auto" to the place
where they are finally delivered, disposed of
or abandoned by the 'insured".
Paragraph a. above does not apply to tuels,
lubricants, fluids, exhaust gases or other
similar "pollutants" that are needed for or result
from the normal electrical, hydraulic or
mechanical functioning of the covered 'auto' or
its parts if:
(1) The "pollutants' escape, seep, migrate
or are discharged, dispersed or released
directly trom an "aulo" part designed by
its manufacturer to hold, store, receive
or dispose ol such "pollutants"; and
(2) The 'bodily injury", 'property damage" or
"covered pollution cost or expense"
does not arise out of the operation of
any equipment listed in Paragraphs 6.b.and 6.c. of the definition of "mobile
equipment".
page 62 ol 163
Paragraphs b. and c. above of this exclusion
do not apply to "accidents" lhat occur away
from premises owned by or rented to an
"insured" with respect to "pollutants" not in or
upon a covered 'auto' 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
a covered "auto"; and
(b) The discharge, dispersal, seepage,
migration, release or escape of the
'pollutants" is caused directly by
such upset, overturn or damage.
'12. War
"Bodily injury" or "property damagie" 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 expecled attack, by any
government, sovereign or other authority
using military personnel or other agents; or
c. lnsurrection, rebellion, revolulion, usurped
power or action taken by governmental
authority in hindering or defending againsl
any of these.
13. Racing
Covered "autos'while used in any professional
or organized racing or demolition contest or
stunting activity, or while practicing for such
contest or activity. This insurance also does
not apply while that covered "auto" is being
prepared for such a contest or activity.
. Limlt Of lnsurance
Regardless of lhe number of covered 'autos",
"insureds", premiums paid, claims made or
vehicles involved in the "accident", the most we
will pay for the total of all damages and'covered
pollution cost or expense" combined resulting from
any one'accident" is the Limit Of lnsurance for
Covered Autos Liability Coverage shown in the
Declarations.
C
44 t5
cA 00 01 10 13 O lnsurance Services Office, lnc., 201 1 Page 5 of 12
FST4Fffi
All 'bodily injury", "property damage' and 'covered
pollution cost or expense' resulting from
continuous or repeated exposure to substanlially
the same conditions will be considered as
resulting from one "accidenl".
No one will be entilled to receive duplicate
payments for the same elements of "loss" under
this Coverage Form and any Medical Payments
Coverage endorsemenl, Uninsured Motorists
Coverage endorsement or Underinsured Motorists
Coverage endorsement attached to this Coverage
Parl.
SECTION III - PHYSICAL DAMAGE COVERAGE
A. Coverago
1 . We will pay for "loss. to a covered "auto" or its
equipment under:
a. comprehenalve Covsrage
From any cause except:
(1) The covered "auto's. collision with
another obrecU or
(2) The covered "auto's' overtum.
b. Speclfied Causos Of Loss Coverago
Caused by:
(1) Fire, lightning or explosiont
(2) Theft;
(3) Windstorm, hail or earthquake;
(4) Flood;
(5) Mischief or vandalism; or
(6) The sinking, burning, collision or
derailment of any conveyance
transporting the covered "auto'.
c. Colllsion Covorago
Caused bY:
(l) The covered "auto's. collision with
another ob.iect; or
(2) The covered 'auto's" overturn.
2. Towlng
We will pay up to the limit shown in the
Declarations for towing and labor costs
incuned each time a covered 'auto' of the
private passenger type is disabled. However,
the labor must be performed at the place of
disablement.
page 63 of 163
3. Glass Breakags - Hlftlng A Blrd or Anlmal -
Falllng Objects or Mlsslles
lf you carry Comprehensive Coverage tor the
damaged covered 'auto', we will pay for the
followng under Comprehensive Goverage:
a. Glass breakage;
b. 'Loss" caused by hitting a bird or animal;
and
c. "Loss" caused by falling objects or missiles.
However, you have the option of having glass
breakage caused by a covered "auto's"
collision or overturn considered a "loss" under
Collision Coverage.
4. Coverago Extonslons
a. Transportatlon Expenses
We will pay up to $20 per day, to a
maximum of $600, for temporary
transportalion 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 eilher Comprehen6ive or
Specified Causes Of Loss Coverage. Wewill pay for temporary transportation
expenses incurred during the period
beginning 48 hours afrer the theft and
ending, regardless of the policy's expiration,
when the covered "aulo'is returned to use
or we pay for its "loss".
b. Loss Of U8e Expenaes
For Hired Aulo Physical Damage, we willpay 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:
(l ) Other than collision only if theDeclarations indicates that
Comprehensive Coverage is provided
for any covered 'auto';
(2) Specified Causes Of Loss only if the
Declarations indicates that Specified
Causes Of Loss Cwerage is provided
for any covered "aulo"; or
44/6
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(3) Collision only if the Declaralions
indicates that Collision Coverage is
provided for any covered "auto".
However, the most we will pay for any
expenses for loss of use is $20 per day, to
a maximum of $600.
B. Excluslons
1. We will not pay for "loss" caused by or resulting
from any of the following. Such 'loss' is
excluded regardless of any other cause or
event that contributes concurrently or in any
sequence to lhe "loss".
a. Nuclear Hazard
(l) The explosion ofany weapon employing
atomic fission or fusion; or
(2) Nuclear reaction or radiation, or
radioactive contamination, however
caused.
b. War Or Mllltary Actlon
(1) War, including undeclared or civil war;
(2) 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
(3)lnsurrection, rebellion, revolution,
usurped power or action taken bY
governmental authority an hindering or
defending against any of these.
2. We will not pay for'loss'to any covered "auto"
while used in any professional or organized
racing or demolition contest or stunting activity,
or while practicing for such contest or activily.
We will also not pay for 'loss' to any covered
'auto" while that covered "auto" is being
prepared for such a contest or activity.
3. We will not pay for "loss" due and confined to:
a. Wear and tear, freezing, mechanical or
electrical breakdown.
b. Blowouts, punctures or other road damage
to tires.
This exclusion does not apply to such "loss"
resulting ftom the total theft of a covered
"auto".
4. We will not pay for 'loss. to any of the
following:
a. Tapes, records, discs or other similar audio,
visual or dala electronic devices designed
for use with audio, visual or data electronic
equipment.
page 64 of 163
b. Any device designed or used to detect
speed-measuring equipment, such as radaror laser detectors, and any ,amming
apparatus inlended to elude or disrupt
speed-measuring equipment.
c. Any electronic equipment, without regard to
whether this equipment is permanently
tnstalled. that reproduces, receives or
transmits audio, visual or data signals.
d. Any accessories used with the electronic
equipment described in Paragraph c.
above.
5. Exclusions 4.c. and 4.d. do nol apply to
equipment designed to be operated solely by
use of the power from the "auto's' electrical
system that, at the time of .loss", is:
a. Permanently installed in or upon the
covered "auto":
b. Removable from a housing unit which is
permanently installed in or upon the
covered "auto":
c. An integral part of the same unit housing
any electronic equipment described in
Paragraphs a. and b. above; or
d. Necessary for the normal operation ol the
covered 'auto" or the monitoring of the
covered "auto's" operating system.
6. We will not pay for "loss'to a covered "auto"
due to "diminulion in value'.
C. Llmlts Of lnsuranco
1- The most we will pay for:
a. "Loss" to any one covered "auto" is the
lesser of:
(1) The actual cash value of the damaged
or stolen property as of the time of the
"loss": or
(2) The cost of repairing or replacing the
damaged or stolen property with other
property of like kind and quality.
b. All electronic equipment that reproduces,
receives or lransmits audio, visual or data
signals in any one "loss" is $1,000, if, at the
time of "loss', such electronic equipment is:
(l ) Permanently installed in or upon the
covered "auto" in a housing. opening or
other location that is not normally used
by the "auto' manufacturer for the
installation of such equipment;
cA 00 01 10'13 @ lnsurance Services Office, lnc., 20'l 1 Page 7 ot 12
I
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(2) Removable from a permanently installed
housing unit as described in Paragraph
b.('1 ) above; or
(3) An integral part of such equipment as
described in Paragraphs b.(1) and b.(2)
above.
2. An adlustment for depreciation and physical
condition will be made in determining actual
cash value in the event of a total "loss'.
3. lf a repair or replacement results in better than
like kind or qualily, we will not pay for the
amount of the betterment.
D- Deductlble
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
Ilre or lightning.
SECTION IV - BUSINESS AUTO CONDITIONS
The following conditrons apply in addition lo the
Common Policy Conditions:
A. Loss Condltiona
1. Appralsal For Physlcal Damage Losg
lf you and we disagree on the amount of .loss'.
either may demand an appraisal of lhe "loss".
ln this event, each party will select a competent
appraiser. The two appraisers will select a
competent and impartial umpire. The
appraisers wrll stale separately the actual cash
value and amount of'loss". lf they fail to agree,
they will submit their ditferences to the umpire.A decision agreed to by any two will be
bindrng. Each party wall:
a. Pay its chosen appraiser; and
b. Bear the other expenses of the appraisal
and umpire equally.
lf we submit to an appraisal, we will still retain
our nght to deny the claim.
2. Dutles ln The Evant Of Accldent, Clalm, Suit
Or Loss
We have no duty to provide coverage underthis policy unless there has been full
compliance with the following duties:
a. ln the event of "accident". claim, "suit" or
"loss", you must give us or our authorized
representative prompt notice of the
"accident" or 'loss". lnclude:
(1) How, when and where the -accidmt" or
"loss" occurred;
pago 65 ol 163
(2) The "insured's" name and address; and
(3) To the extent possible, the names and
addresses of any injured persons and
witnesses.
b. Additionally, you and any other involved
"insured" must:
(1) Assume no obligation, make no
payment or incur no expense without
our consenl, except at lhe "insured's"
own cost.
(2) lmmediately send us copies of any
requesl, demand, order, notice,
summons or legal paper received
concerning the claim or "suit".
(3) Cooperate with us in lhe investigation or
settlement of the claim or defense
against the "suit".
(4) Authorize us to obtain medical records
or other pertinent information.
(5) Submit to examination, at our expense,
by physicians of our choice, as often as
we reasonably require.
c. lf there is 'loss' to a covered "auto" or its
equipment, you must also do the following:
(1) Promptly notify the police if the covered
"auto" or any of its equipment is stolen.
(2) Take all reasonable steps to protect the
covered "auto" from further damage.
Also keep a record of your expenses for
consideralion in the settlement of the
claim.
(3) Permit us to inspect the covered 'auto'
and records proving the 'loss' before its
repair or disposition.
(4) Agree to examinations under oath at our
request and give us a signed statement
of your answers.
3. Legal Actlon Agalnst Us
No one may bring a legal action against us
under this Cor'erage Form untrl:
a. There has been full compliance with all the
terms of this Coverage Form; and
b. Under Covered Autos Liability Coverage,
we agree in writing that the "insured" has an
obligation to pay or until the amount of that
obligation has finally been determined by
Judgment afler lrial. No one has the right
under this policy to bring us into an actron
to determine the "insured's" liability.
44 tB
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E!li_+gisG
H{?Jril
4. Loss Payment - Physlcal Oamags
CovGrages
At our option, we may:
a. Pay for, repair or replace damaged or
stolen property;
b. Return the stolen property, at our expense.
We will pay for any damage that results to
the "auto'trom the thefr, or
c. Take all or any part of the damaged or
stolen property at an agreed or appraised
value.
lf we pay for the 'loss", our payment will
include the applacable sales tax for the
damaged or stolen properly.
5. Transfer Of Rlghts Of Recovsry Against
OtheB To Us
lf any person or organization to or for whom we
make payment 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 afler
"accident" or "loss" to impair them.
B. General Condltlons
'1. Bankruptcy
Bankruptcy or insolvency of the 'insured" or the
"insured's" estate will not relieve us of any
obligations under this Coverage Form.
2. Concealment, Mlsrepresentation Or Fraud
This Coverage Form is void in any case ot
fraud by you at any time as it relates to lhis
Coverage Form. lt is also void if you or any
other "insured", at any time, intentionally
conceals or misrepresents a material fact
mncerning:
a. This Coverage Formi
b. The covered "auto";
c. Your interest in lhe covered "auto"; or
d. A claim under this Coverage Form.
3. Liberallzatlon
lf we revise this Coverage Form to provide
more coverage without additional premium
charge, your policy wili automatically provide
the additional coverage as of the day the
revision is effective in your state.
4. No Beneflt To Ballee - Physlcal Damags
Coverages
We wll not recognize any assignment or grant
any coverage for the benetit of any person or
organization holding, storing or transporting
property for a fee regardless of any other
provision of this Coverage Form.
page 66 of 163
5. Other lnsuranco
a. For any covered 'auto" you own, this
Coverage Form provides primary
insurance. For any covered "auto" you don't
own, the insurance provided by this
Coverage Form is excess over any other
collectible insurance. However, while a
covered 'auto" which is a "trailef is
connected to anolher vehicle, the Covered
Autos Liability Coverage this Coverage
Form provides for the "trailer" is:
(1) Excess while it is connecled to a motor
vehrcle you do not own; or
(2) Primary while it is connected to a
covered "auto" you own.
b. For Hired Aulo Physical Damage Coverage,
any covered "auto" you lease, hire, rent or
borrow is deemed to be a covered "auto"
you own. However, any "auto" that is
leased, hired, rented or borrowed with a
driver is not a covered "auto".
c. Regardless of the provisions of Paragraph
a. above, this Coverage Form's Covered
Autos Liability Coverage is primary for any
liability assumed under an "insured
contract".
d. When this Coverage Form and any other
Coverage Form or policy covers on the
same basis. either excess or Primary. we
will pay only our share. our share is the
proportion that the Limit of lnsurance of our
Coverage Form bears to lhe total of the
limits of all the Coverage Forms and
policies covering on lhe same basis.
6. Premlum Audlt
a. The estimated premium for this Coverage
Form is based on lhe exposures you told us
you would have when this policy began. We
will compute the frnal premium due when
we determine your actual exposures. The
estimated total premium will be credited
against the final premium due and the llrst
Named lnsured will be billed for the
balance, if any. The due date for the final
premrum or retrospective premium is the
date shown as the due date on the bill. lf
the estimated total premium exceeds the
final premium due, the flrst Named lnsured
will get a refund.
b. lf this policy is issued for more than one
year, the premium for this Coverage Form
will be computed annually based on our
rates or premiums in effect at the beginning
of each year of the policy.
44/9
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7. Pollcy Perlod, Coverage Terrltory
Under this Coverage Form, we cover
"accrdents" and'losses" occurfl ng:
a. Durlng the policy period shown in the
Declarations; and
b. Within the coverage territory.
The coverage terntory is:
(1 ) The United States of America;
(2) The territories and possessions of the
Unrted States of America:
(3) Puerto Rico;
(4) Canada: and
(5) Anywhere in the world if a covered
"auto' of the private passenger type is
leased, hired, rented or bonolr,/ed
without a driver for a period of 30 days
or less.
provided thal the "insured's" responsibility to
pay damages is determined in a'suit" on the
merits, in the United States of America, lhe
territories and possessions of the United States
of America, Puerto Rico or Canada, or in a
settlement we agree to.
We also cover 'loss" to, or 'accidents"
involving, a covered "auto" while being
transported between any of lhese places.
8. Two or MorE Coverage Forms Or Pollcles
lssued By Us
lf this Coverage Form and any other Coverage
Form or policy issued to you by us or any
company affiliated with us applies to the same
"accidenf , the aggregate maximum Limit of
lnsurance under all the Coverage Forms or
policies shall not exceed the highest applicable
Limit of lnsurance under any one Coverage
Form or policy. This condition does not apply to
any Coverage Form or policy issued by us or
an affiliated company specifically to apply as
excess insurance over this Coverage Form.
SECTION V - DEFINITIONS
A. "Accident" includes continuous or repeated
exposure to the same conditions resulting in
"bodily injury" or "property damage".
B. "Auto" means:
1. A land motor vehicle, 'trailer' or semitrailer
designed for travel on public roads; or
page 67 of 163
2. Any other land vehicle that is subject to a
compulsory or financial responsibility law or
olher mdor vehicle insurance law whgre it is
licensed or principally garaged.
However, "auto" does not include "mobile
equipment".
C. "Bodily injury" means bodily injury, sickness or
disease sustained by a person, including death
resulting from any of these.
O. 'Covered pollution cost or expense" means any
cost or expense arising out of:
1. Any request, demand, order or statutory or
regulatory requiremenl that any "insured" or
others test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or in any
way respond to, or assess the etfects of,
"pollutants"; or
2. Any claim or "suit" by or on behalf of a
governmental authority for damages becauseof testing for, monitoring, cleaning up,
removing, containing, keating, detoxifying or
neutralizing, or in any way responding to, or
assessing the effecls of, "pollulants''.
'Covered pollution cosl or expense" does not
include any cost or expense arising out of the
actual, alleged or threatened discharge, digpersal,
seepage, migration, release or escape of
"pollutants":
a. That are, or that are contained in any
property thal is:
(1) Being transported or towed by, handled
or handled for movemenl into. onlo or
from the covered 'auto":
(2) Otherwise in the course of transit by or
on behalf of the "insured": or
(3) Being stored, disposed of, trealed or
processed in or upon the covered
"auto":
b. Before the "pollutants" or any property in
which the "pollutants" are contained are
moved from the place where they are
accepted by the "insured' for movement
into or onto lhe covered 'auto'i or
c. Afler the "pollutants' or any property in
which the "pollutants" are contained are
moved from the covered 'auto' to the place
where they are finally delivered, disposed of
or abandoned by the "insured".
44{10
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Paragraph a. above does not apply to fuels,
lubricanls, fluids, exhaust gases or other
similar "pollutants" that are needed for or result
from the normal electrical, hydraulic or
mechanical functioning of the covered 'auto" or
its parts. if:
(1) 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
(2) The "bodily injury", "properly damage" or'covered pollution cost or expense"
does not arise out of the operation of
any equipment listed in Paragraph 6.b.or 6.c. of the definition of "mobile
equipment".
Paragraphs b. and c. above do not aPply to
"accidents" that occur away from premises
owned by or rented to an "insured" with respect
to "pollutants" not in or upon a covered "auto"
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 oI
a covered "auto": and
(b) The discharge, dispersal, seePage,
migration, release or escape of the
"pollutants" is caused directly by
such upset, overturn or damage.
E. "Diminution in value" means the actual or
perceived loss in market value or resale value
which results from a direct and accidental "loss'.
F. "Employee" includes a "leased worker".
"Employee" does not include a 'temporary
worker".
G. "lnsured" means any person or organization
qualitying as an insured in the Who ls An lnsured
provision of the applicable coverage. Except with
respect to the Limit of lnsurance, the coverage
afforded applies separately to each insured who is
seeking coverage or against whom a claim or
"suit" is brought.
H. "lnsured contract" means:
1. A lease of premises:
2. A sidetrack agreement;
3. Any easement or license agreement, except in
connection with construction or demolition
operations on or within 50 fuet of a railroad:
4. An obligation, as required by ordinance, lo
indemnify a municipality, except in conneclion
with work for a municipality:
page 68 of 163
5. That part of any other contract or agreement
pertaining lo your business (including an
indemnification of a municipality in connection
wilh work performed for a municipality) under
which you assume the tort liability of another to
pay for "bodily injury' or "property damage' to a
third party or organization. Tort liability means
a liability that would be imposed by law in the
absence of any contract or agreementi or
6. That part of any contract or agreement entered
into, as part of your business, pertaining to the
rental or lease, by you or any of your
"employees", of any "auto". However, such
contract or agreement shall not be considered
an "insured contract' to the extent that it
obligates you or any of your "employees" to
pay for "property damage" to any "auto" rented
or leased by you or any of your 'employees'.
An "insured contract" does not include that part of
any contract or agreemenl:
a. That indemnifies a railroad for'bodily injury'or "property damage" 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 pertains to the loan, lease or rental ofan 'auto" to you or any of your
"employees', if the "auto" is loaned, leased
or rented with a driver; or
c. That holds a person or organization
engaged in the business of transporting
property by "auto'for hire harmless for your
use of a covered'auto" over a route or
territory that person or organization is
authorized to serve by public authority.
l. "Leased worker" 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".
J. "Loss" means direct and accidental loss or
damage.
K. "Mobile equipment" 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;
.1481
ca 00 01 1013 O lnsurance Services Office, lnc., 2011 Page 't I of 12
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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 conslruction or resurfacing equipment
such as graders, scrapers or rollers;
5. Vehicles not described in Paragraph 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; or
6. Vehicles not described in Paragraph 1., 2., 3.
or 4. above maintained primarily for purposes
other than the transpodation 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
c. Air compressors, pumps and generalors,
including spraying, welding, building
cleaning, geophysical exploration, lighting
or well-servrcing equipment.
pag6 69 of 163
However, "mobile equipment" does not include
land vehicles that are subject to a compulsory or
nnancial responsibility law or other motor vehicle
insurance law where it is licensed or principally
garaged. Land vehicles subject to a cornpulsory or
financial responsibility law oI other motor vehicle
insurance law are considered "aulos".
L. "Pollutants" means any solid, liquid, gaseous or
thermal irritanl or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
wasle. Waste includes materials to be recycled,
reconditioned or reclaimed.
M.'Property damage' means damage to or loss of
use of tangible property.
N. 'Suit" means a civil proceeding in which:
1. Damages because of "bodily injury' or
"property damage"; or
2. A 'covered pollution cost or expense';
to which this insurance applies, are alleged.
"Suit'includes:
a. An arbitration proceeding in which such
damages or "covered pollution costs or
expenses" are claimed and to which the
'insured" must submit or does submit with
our consent; or
b. Any other alternative dispute resolution
proceeding in which such damages or
"covered pollulion costs or expenses" are
claimed and to which the insured submits
with our consent.
O.'Temporary worker' 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.
P-'Trailer" includes semitrailer.
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page 70 of 163ffi
ENDOBSEMENT
This endorsemsnt. sft€ctive 12:01 AM @1M@2
Forms . part of policy no.: 066re
lssued to: Leiohlon Group lnc
By: LEXINGTON INSURANCE COMPANY
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS. COMPLETED OPERATIONS
(Based on CG2037 04/ 13)
This endorsement modilles insurance providod by the following:
COMMERCIAL GENERAL LIABILITY POLICY
SCHEDULE
Name oI Additional lnsured P6tson(s) Loc.don of Complstod Op€rations
or Organizalion lsl
AS REOUIRED BY WRITTEN CONTRqCT
lnformation reqtrired to complete this Schedtrle, il not sho\,n above, Wll be shown in lh€ Dcclarations
A. Section ll - Who ls An lnsurod is Emended to inchrdc as an addilional inslrred the person(s) or
orgEnization(s) shov\,rr in the Schedrrle, but onlV with respect to liability lor 'bodily iniury", or
"proporg damaqe" caused, in vlhole or in part, by "your uDrk" at the location designated and
descrihed in the Schcdule orthis endorscment performed for thEr additional insrJrBd and inchlded in
ihe "products-completed operations hazard'.
1. The insurance affordcd to such additional instrrcd onlv applies to the e)cent permitted by law
and
2, lf coverage providod to the additional insrlred is required by a contract or agreement, the
insLrance allorded to such addition.l insured will not hc hroader than lhal vlhich you are
required by the contact or agreement to provide lor srrch additional instlred.
B. Wth respeot to the insrrrance aflorded to these additional insrrreds. the lollowino is added to
Section lll - Limits Of lnsur.nce:
lf coverage provided to the addilional insured is required by a contract or agreement, the most !\e
will payon behalfoflhe addilional instlred is lhe amountofinsurance:
lnchrd€s Copy lnErmadon ol th6 hrsurancs S€rvicos
Otfcss, lnc., with ils p€rmission. All Ri0ht6 R€s€rvad
4483
ffi pag6 71 of 163
l. Required by lhe contract or egreement; or
2, Availabla under the applicable Limirs of lnsrrrance shovrrn in the Declarations;
vvttichever is less.
This endorsement shall not increase the applicable Limits of lnsrrrance sholin in the Declarations
All othcr terms and conditions of the policy remain the same
4484
Autho riz ed Repr€s€ntativ€
Lx43]t lU6/',141 lflclod€6 Copvriglt€d krbrmadon of thB lnsuranc€ Ssrvic66Offic€s lnc . w$ it6 po,mbsion All Roht8 Rs6€rvsd
page 72 of 163
ffi+
ENDORSEMENT
This ondorsoment, oftoctive 1201 AM @114/2@2
Forms a port of policy no.: 066463440
lssued to: Leighton Group lrr
By: LEX INGTON INSURANCE C0l{PAl{Y
PRIMARY/NON CONTRIBUTORY ENDORSEMENT
This endorsement modiies insurance provided by the policy:
Notv\,ithstanding any ofier provision ol the polcy to the contr8ry, the insursnce afforded bv lhis policy
lor the benefit ol the Additional lnsured shsll be primsry insurance, btrr only wirh respect to any claim,
loss or liability arising olrt of the Named lnsu.ed's operations; and any insurance maintained by the
AdditionEl lnsured shall be non-contributing-
Al othcr terms and conditions of the policy remain lhe same.
Authoriz6d R epresenbtivo OR
Count6rsi gnatu.e (ln statss whoro applicable)
14It5
LX9A3a r0aO5)
v"-;Jz4;-/l\
page 74 of '163F'r74tffi
ENDORSEMENT
Thi6 ondorsomant, effective 12:01 AM O2h 4n@2
Forms ! plrt of policy no.: 066463440
lssusd to: Leighton Group lrrc
By: LEXI NGTON I NSURAI'ICE COI1PANY
WAIVE R OF SUB ROGATION
IB LAN KET)
It is agreed thal \r\e, in the €vent ol a payment under this policy, waive our right of subrogation against
anv person or orqanization where the insured has waived liability ol such person or organization as pan
of a witten contractual agreement h€t\,een the insrrrcd and such person or organization entered into
prior to the "occurtence" or oftense.
All olh6r lerms and conditions remain unchanged
tr?r--
Authorizad RsprBsentsliva OR
Countersignatur€ lln statss whore applicable)
{'48t
LEXOCC 234 t11,G3t
Ixo4a5
page 76 of 163*'ffifrr*it
llt.',tf:l*
ENDORSEMENT
a/14t2022This 6ndorsement, effoclive 12:01 AM
Forms. part of pollcy no.: 06546344o
lssued to: Leighlon Group lnc
By: LEX INGTON li{SURANCE C0|'1PANY
CANCELLATION AMENDMENT
ln consideration o, the premium charged, it is hereby agreed that lhe cancellation provision is amended
to 90 days in lieu ot 130) days, ercept lor non-paymenl of premium \ahich remains (10) davs'
Al othsr terms and condilions remain trnchang€d
Authorized Represanla live OR
Countorsignatu16 (ln states where applicable)
44U9
LX95a6 (0203t
ll:i:E#ffi#it_.,:+r
page 78 of 163
ENDORSEMENT COMMEBCIAL GENERAL LIABILITY
cG 20 10 10 01
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADIICT{AL II\ISI..RED - OVII\ERS, LESSEES OR
CCNITRACTORS - SOfDI.'-ED PERSCT\I OR
ORGAIZATCT{
This endorsement modifies insurance provided under the following
COMMEBCIAL GENERAL LIABILITY COVERAGE PAHT
SCHEDUTE
Namo o, Person or Organization:
AS REQUIRED BY WRITTEN CONTRACT
(ll no entry appears above, information required to complete this endorsement \ ill be shovtrl in the Declarations
as applicable to this endorsement.)
A. Section ll - Who ls An lnsured is amended to
include as an insured the person or organization
showr in t)e Schedule, but only v\ith respect to
liability arising out of your ongoing operations
performed for that insured.
B. \Mth respect to tre insurance afrorded to these
additional insureds, the follo'aing exclusion is
added:
2 E xclusions
This insurance does not apply to "bodily in-
jury" or "property damage" occurring afteI:
(11 All uork, including materials, parts or
equipment furnished in connection \ ith
such \n/ork, on the project (other tran
service, maintenance or repairs) to be
performed by or on behal{ ol the additional
insured(s) at the site of tre covered
operations has been completed; or
(2 That ponion of "your v\,ork " out o, v\hich
the injury or damage arises has been put
to its intended use by any person or
organization otrer than anolher contractor
or subcontractor engaged in perlorming
operations for a principal as a pan oI the
same Project.
cG 20 10 10 01
L X9605
o ISO Properties, lnc., 2000 Page 1ol 1 O
L€ighlon Group lrrc
POLICY NUMBER : os46344o
I
tuiE+t
H*t*T,/.r+:
page 80 ol 163
Leiglton Group lnc 0m546318
LEXNGTON INSURANCE COMPANY
Administrative Offices: 99 High Streot, Boston, Massachusotts 02110
Commercial Umbrella Liability Policy
Occurrence Form
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights,
duties and r hat is and is not covered,
Throughout this policy the \ ords "you" and "your" refur to the "Named lnsured" shovr in the
Declarations and any other person or organization qualifying as an "lnsured" under this policy. The
raords "ue," "us" and "our" reftr to the company providing this insurance.
Words that appear in quotation marks have special meaning. Befer to SECTION V - DEFINITIONS.
SECTION I . INSURING AGREEMENT' COMMERCIAL UMBRELLA LIABILITY
A. We vrill pay on behall o{ the "lnsured" those sums in excess o, the "Retained Arnount" that the
"lnsured" becomes legally obligated to pay as damages because ol "bodily iniury", "property
damage", or "personal and advertising injury" to vr,ftich this insurance applies. The amount \ E \j{ll
pay is limited as described in SECTION lV - LIMITS OF INSURANCE.
No other obligation or liability to pay sums ol perform acB or services is covered unless elplicitly
provided for under SECTION ll - DEFENSE AND SUPPLEMENTARY PAYMENTS.
B. This policy applies, only it
1. The "bodily injury" or "property damage" is caused by an "occurrence' that takes place in the
'coverage territory"; and
2 The "bodily injury' or "property damage" occurs during the "policy period";
3. The "personal and advertising in,ury" is caused by offense arising out of your business, but
only il the of{ense raas committed in the "coverage territory" during the "policy period"; and
4. Prior to the "policy period", no "lnsured" showr in Paragraph J.2.a. o{ SECTION V
DEFINITIONS and, no olfcer, no manager in your risk management, insurance or legal
departrnent and no "employee" v*lo \^ias aulhorized by you to give or receive notice of an
"occurrence", offense, claim or "suit", knewthat the "bodily injury" or " property damage" had
occurred, in whole or in part, or that an "occurrence" had been committed that caused "personal
and advenising injury". lI such an "lnsured", officer, manager or authorized "employee" knew,
prior to the "policy period", that the "bodily injury' or "propertY damage" had occurred or that an
"occurrence" had been committed that caused "personal and advenising injury", then any
continuation, change or resumption ol such "bodily injury", "property damage' or "personal and
advertsing iniury" during or after the "policy period" \,ill b€ deemed to have been knov.n prior to
the " policy period ".
C. "Bodily injury", "property damage", or "personal and advenising injury" \hich occurs during the
"policy period" and \^6 not, prior to the "policy period", kno\,^n to have occurred by any "lnsured"
shov'n in Paragraph J.2.a. ol SECTION V - OEFINITIONS or any officer, any manager in your risk
management, insurance or legal deparfnent or any "employee" authorized by you to give or
receive notice of an "occurrence", ollense, claim or "suit", includes any confnuation, change or
resumption of that "bodily injury", "property damage", or 'personal and adverdsing injurv" a{ter
the end ol the "policy period",
D' "Bodily iniury", "property damage" or "personal and advertising injury" \ill be deemed to have
been knowl to ha\€ occurred at the earliest time when any "lnsured" shovn under Paragraph
J.2.a. of SECTION V. DEFINITIONS, any officer, any manager in your risk management, insurance
or legal deparrnent or any "employee" v+lo \as authorized by you to give or receive notice of an
"occurrence", oflense, claim or "suit":
1. Reports all, or any part. o{ the "bodily injury", "property damage" or "personal and advertising
iniury" to us or any other insurer;
2 Receir,es a \ ritten or verbal demand or claim br damages because of he 'bodily injury",
"property damage" or "personal and advertising iniury"; or
Oc'UnBR
1X9799 { 10/G5l Padc 1 ot 24
ffi pago 81 of 163
3. Becomes avrare by any other means thst "bodily injury" or "property damage" has occurred or
has begun to occur or that an "occurrence" or offense has been committed that has caused or
may cause "personal and advertising injury".
E. Damages because of "bodily injury" include damages claimed by any person or organization for
care, loss oJ services or death resuldng at any time fom the "bodily injury".
F. ll \ e are prevented by law or statute fom paying damages covered by this policy on behalf oI the
"lnsured", then ,ae will indemnify the "lnsured" for those sums in excess o{ the "Retained
Arnount",
SECTION II - DEFENSE AND SUPPLEMENTARY PAYMENTS
A. We vrill have the right and duty to defund any "suit" against the "lnsured" that seeks damages lor
"bodily injury", "property damage" or "personal and advertising injury" to wtrich this insurance
applies, even i{ the "suit" is groundless, fulse or fraudulent when:
1. The total applicade limits of "scheduled underlying insurance" and any applicable "other
insurance " have been e*lausted by payment o{ damages to wtrich this policy applies; or
2 Subject to Paragraph B. ol this Section ll, the damages sought because of "bodily injury",
"property damage" or "personal and advertsing injury" vr,ould not be covered by "scheduled
underlying insurance" or any applicable "other insurance", even i{ the total applicable limits o,
either the "scheduled underlying insurance" or any applicable "other insurance" had not been
exhausted by the payment ol damages,
lf !rc are prevented by law or statute ftom assuming the obligations specified under this provision,
vw rnill pay any eXcenses incurred vvith our consent.
B. We vrill have no duty to defund the "lnsured" against any "suit" seeking damages fur "bodily
injury", "property damage" or "personal and advertising injury" to which this insurance does not
apply, including, but not limited to, Paragraph W. of SECTION lll - EXCLUSIONS.
C. Vvhen \ € assume the delense of any "suit" against the "lnsured" that seeks damages to wttich this
insurance applies, vre \ ill, subject to the limits of insurance;
1. lnvestigate, negotiate and setde the "suit" as ue deem appropriate; and
2 Pay the follorrr,ing Supplementary Payments to the extent that such payments are not covored
by "scheduled underlying insurance" or any applicable "other insurance"r
a. All expenses ue incur;
b. Premiums on bonds to release attachments for amounts not exceeding the applicable limiB
of insurance of this policy, but \^e are not obligated to apply lor or furnish any such bond;
c. Premiums on appeal bonds required by law to appeal a judgement in a "suit" {or amounts
not exceeding the applicable limits o, insurance ot this policy, but \,e are not obligat€d to
apply Ior or furnish any such bond;
d. AII court costs taxed against the "lnsured" in the "suit";
6. Pre-judgment interest a\ 6rded against the "lnsured" on that part of the judgment vlithin the
applicable limits of insurance o{ this policy \,e pay. lf vre make an oIfur to pay the
applicable limit of insurance, \e will not pay any pre-judgment interest accruing after \€
make such offer;
f. Post-judgment interest that accrues after enty o, judgment on that part of the judgement
within the applicable limits o{ insurance of this policy \€ pay and berore \€ have paid,
offured to pay or deposited in court that part oi the judgment that is \,ifiin the applicable
limits o, insurance o{ this policy; and
g, The "lnsured's" expenses incurred at our request or v\ith our consent,
D. Except as provided in Paragraph A above, vle \ill have no dutyto defend any "suit" against the
"lnsured". We \ ill, ho' ever, have the right, but not the duty, to participate in the defunse of any
"suit" and the investigation o{ any claim to \ hich this policy may apply. ll vre exercise this right,
rae vrill do so at our owr expense,
OC.UMBR
LX9799 ( 10ic5t Pase 2 ol 24
l.riJI
H{Fi
page 82 of 163
E. We *ill not deftnd any "suit", or pay any attorney fues or litigation expenses including, vr,ithout
limitation, the ergenses described in Paragraph C.2., above tlat accrue after the applicable limits oI
insurance of this policy have been e*tausted by the payment oI damages and \i\€ \ ill have the right
to \ifidraw from the further defense ol such "suit" by Endering conuol o{ said deftnse to the
"lnsured".
sEcTtoN fi - ExcLusroNs
This insurance does not apply to:
A. Expected or lntended lnjury
"Bodily intury", or " property damage' e&ected or intended ftom the standpoint o, the 'lnsured'
This exclusion does not apply to "bodily injury' resulting lrom the use of reasonable force to
protect persons or property,
B. Contractual Liability
"Bodily iniury" or "property damage" for wtrich the "lnsured" is obligated to pay damages by
reason of the assumption o, liability in a contract or agreement. This exclusion does not applY to
liability tor damages:
1. That the "lnsured" uould have in the absence ol the contract or agreement; or
2 Assumed in a contract or agreement fiat is an "insured conract" provided the "bodily injury"
or "property damage " occurs subsequent to the execution of the contract or agreement. Solely
lor the purposes of liability assumed in an "insured contact" reasonaUe attorney bes and
necessary litigation expenses incurred by or for a party olher than an "lnsured" are deemed to
be damages because ol "bodily iniury" or "property damage", and included ! ifiin fie limits ol
insurance, provided:
s. Liability to such party fur, or {ror fre cost of, tlat psrty's deftnse has also been assumed in
the same "insured contact"; and
b. Such attorney fues and litigatjon e&enses are {or deftnse of that party against a civil or
alternadve dispute resolution proceeding in which damages to \hich fiis insurance applies
are alleged.
C. Liquor Liability
"Bodily iniury" or "propeny damage" for vhich any "lnsured" may be held liable by reason of:
1. Causing or confibuting to the intoxication ol any person;
2 The furnishing of alcoholic beverages to a person under the legal drinking age or under tre
infuence ol alcohol; or
3. Any statute, ordinance or regulation relatjng to the sale, gift, distribution or use of alcoholic
beve rages.
Ho\Ever, this exclusion v\ill not apply il coverage is provided frcr such "bodily injury" or "property
damage" by "scheduled underllng insurance",
Coverage under this policy ,or such "bodily injury or "property damage" vrill bllow the terms,
defnitions, conditions and exclusions ol "scheduled underlying insurance", subiect to the "policy
period", limits of insurance, premium and all oth€r terms, defnitions, conditions and exclusions of
this policy. Provided, horaever, that coverage provided by fiis policy \ ill be no broader than the
coverage provided by'scheduled underlying lnsurance".
D. Workers' Compensation 8nd Similar L8!.rs
Any oblig8tion o{ the 'lnsured" under a \/\,orkers' compensation, disability beneftts or unemployment
compensation law or any simil8r law.
E. E.R.t.S.A
Any obligation of the "lnsured" under the Employee Retirement lncome Security Act ol 1974
(including amendments relating to the Consolidated Omnibus Budget Reconciliation Act of 1985), or
any amendment or revision tlereto, or any similar law or reguiation.
OC,UMBB
1X9799 { 10/06)Pog. 3 o, 24
F#lS
WS
pago 83 of 163
F. Auto Covor8ges
1. "Bodily iniury' or "property damage" arising out of tte ovnership, maintenance or use of gny
"auto" \.tlich is not a 'covered auto"; or
2 Any loss, cost or expense payable under or resulting trom any frst party physical damsge
coverage; no-fault law personal injury protection or auto medical paymenG coverage; or
uninsured or underinsured motorist law.
G. Employor's Liability
1. "Bodily injury" to an "employee" o, the ''lnsured" arising out o, and in the course of
a. Employment by tre "lnsured"; or
b. Performing duties related to the conduct of the "lnsured's" business; or
Z Any claim or "suit" brought by lhe spouse, child, parent, brother or sister ol that "emplo'|r06"
as a consequence o, parsgraoh 1 abo\€.
This exclusion applies:
1. Vvhether the "lnsured" may be liable as an employer or in any other capacity; and
Z To any obligation to share damages ltrith or repay someone else wtto must pay damages
because of the iniury.
This exclusion does not apply to liability assumed by the "lnsured" under an "insured contract".
Wth respect to injury arising out o, a "covered auto", this exclusion does not apply to "bodily
injury" to domestic "6mployees" not entited to vrorker's comp€nsation benefts. For the purpose
oI this insurance. a domestic "employee" is a person engaged in household or domesdc \ork
periormed principally in connections \^ith a residence premises.
This exclusion does not apply to the extent that valid "scheduled underlying insurance" for the
employer's liability risks described above exists or \ ould have existed but for the e*laustion of
underlying limits for "bodily injury".
Coverage under this policy for such "bodily injury or "property damage" v\iill {ollow the terms,
definitions, conditions and exclusions ol "scheduled underlying insurance", subject to the "policy
period", limits ot insurance, premium and all other terms, definitions, conditions and exclusions ol
fiis policy. Provided, ho\ ever, that coverage provided by this policy \ill be no broader than the
cov8rage provided by "scheduled underlying insurance ".
H. Employmont Relatod P iacticos
Any claim or "suit" alleging or assening in any respect loss, iniury, or damage (including
consequental bodily injury) in connection vrith "wongful ermination", and/or "discrimination ",
and/or "sexual harassment".
The folloYring definitions apply to this exclusion:
"Wrongful termination" means termination o, an employment relationship in a manner which is
against the law and wongful, or in breach o{ an implied agreement to continue employment.
" Discrimination" means termination oJ an employment relationship or a demodon, or a failur€ or
refusal to hirg or promote an individual because of race, color, religion. age, sex, disability,
pregnancy, natural origin, serual orientation or other protacted category or charact€ristic
established pursuant to any applicable ftderal, state, or local law, regulation, or ordinance.
"SexJal harassment" means unrnelcome serual advances and/or roquesB for serual {avors and/or
other verbal or physical conduct of a se)oJal nature trrat {1) are made a condition of employmont
andlot l2l are used as a basis Jor employment decisions and/or (3) create a uork environment thst
interfu res \^ith performance.
l. Pollution
This insurance does not apply to:
1. any "bodity injury", "property damage" or "personal and advenising injury" arising out ol the
actral, alleged or threatened discharge. dispersal, seepage, migration, release or escap€ o,
"pollutants" anyv,,irere at any time;
OC-UMBR
1X9799 ( 1CrO5)Pag. 4 oI 24
!E;#{tffi page 84 of 163
2 Any loss, cost or epense arising out of any request, demand, order or statutory or regulatory
requirement that the "lnsured" or others test br, monitor, clean up, remove, contain, reat,
detoxify or neutralize, or in 8ny \ ay respond to. or assess the efrects of "pollutants"; or
3. Any loss, cost or epense arising out ol any claim or 'suit" by or on behalf of a govsrnmental
authority lor damages because of testing for, monitoring, cleaning up, removing, containing,
veating, detoxifying or neutalizing or in any way responding to, or assessing the erfucts of
" p oll utants " .
Ho\ pver, Paragraph 1 ol this exclusion \ill not apply iI coverage ior such "bodily injury" or
"property damage" as is described in paragraphs 1 through 6 below is provided by "scheduled
underlying insurance "'
1. Products-Completed Oporations HBzard
Paragrsph 1 of this exclusion does not apply wifi respect to "bodily iniury" or "propert/
damage" included v,itrrin the 'producb-completed operations hazard" provided that 'your
product" or "your \^ork" has not at anytime been:
a. Discarded, dumpsd, abandoned, f!rov\.n auEy; or
b. Transported, handled, stored, reated, disposed oI or processed as \ €ste; by anyone.
2 Hostile Fire
Paragraph 1 ol this exclusion does not apply v\ith respect to "bodily iniury" or "property
damage" arising out of heat, smoke or fumes ftom a "hostile fre".
3. Equipmsnt to H€at tho Building and Co ntracto r/Lessoe Operations
Paragraph 1 ol this exclusion does not apply tor
8. "Bodily iniury" sustained vrithin a building and caused by smoke, fumes, vapor or soot
lrom equipment used to heat the building; or
b. "Bodily injury" or "property damage" for vfiich you may be held liable if you are a
contractor and the ovrer or lessee o, such premises, site or location has been added to
your policy as an additional "lnsured" with respect to your ongdng operations performed
,or that additional "lnsured" at such premises. site or location, and such premises, site or
location is not and never v16s ov'ned or occupied by, or rented or loaned to, any "lnsured",
other than the additional "lnsured".
4 Fuols, Lubricants and Other Operating Fluids'Mobile Equipment
Paragraph 1 oI this exclusion does not apply to;
a. "Bodily injury" or "property damage" arising out orfie escap€ of fuels, lubricants or other
operating ffuids that are needed to perrorm normal electricai, hydraulic or mechanical
functions necessary for the operation o{ "mobile equipment" or its parts ii such fuels,
lubricants or other operaling fuids escape lrom a vehicle part designed to hold, store or
receive them. This exception do€s not apply il the "bodily iniury" or 'property damage"
arises out ol the intentonal discharge, dispersal or release ol the fu61s, lubricants or other
operating fuids, or it such fuels, lubricants or other operating fluids are brought on or to
tre premises, sit€ or location \ ifi fie intent that they be discharged, dispersed or rel€ased
as part of the operations being perbrmed by such insured conuactor or subcontactor; or
b. "Bodily lnjury" or "property damage" sustained vrithin a building and caused by the release
ol gases, fumes or vapors fom materials brought into fiat building in connection vrith
operations being performed by you or on your bshslf by a contractor or subcontractor.
5. Fuols, Lubticants, Fluids, atc. - Auto
Paragraph 1 of this exclusion does not apply to fuels, lubricants, f,uids, e*raust gases
or other similar "pollutants" that are needed ,or or result irom the normal electrical, hydraulic
or mechanical functioning of an "auto" covered by "scheduled underlying insurance" or its
parts, it
1
o c -utlBB
LX9799 ( 1 0/05)Paec 5 of 24
ffi pag€ 85 of 163
a The "pollutants" escape, seep, migrate, or are dischsrged, dispersed or released directly
from an "auto" part designed by its manufucturer to hold, store, receive or dispose o{ such
"pollutants"; and
b. Ths "bodily iniury" or "property damage" does not arise out o, tre operation of 6ny
equipment showr in Paragraphs 6b and 6c o, the defnition of "mobile equipment".
6. Upset. Overturn or Damage ot sn Arto
Paragraph 'l ol this exclusion do€s not apply to "occurrences" that take place auay fom premises
ouned by or renEd to an "insured" \^ith respect to "pollutanB" not in or upon an "auto" covered
by "scheduled underlying insurance" if:
a. The "pollutants" or any property in which the "pollutants" are contained are upset, overhJrned
or damaged as a result ol tre mainEnance or use of an "auto" covered by "scheduled
underlying insurance"; and
b. The discharge, dispersal, seepage, migration, release or escape of the "pollutants' is caused
directly by such upset, ovenurn or damage.
Coverage under this policy br such "bodily injury" or "prop€rty damage" as is describ€d in
subparagraphs 1 through 6 above will follow the terms, deinitons, conditions and exclusions o{
"scheduled undellying insurance", subject to the "policy period". limib of insurance, premium and
all other terms, defnilions, conditions and exclusions of this policy. Provided, ho\a€ver, that
coverage provided by this policy v{ll be no broader than the coverage provided by "schedul€d
underlying insurance ".
J. Arcraft Or Watercrsft
"Bodily injury" or "property damage" arising out o, trle owlership, maintenance, use or enfustnent
to others of any aircraft, or raatercraft ov'ned or operated by or rented or loaned to any
"lnsured". Use includes operation and "loading or unloading."
This exclusion applies even i, the claims against any "lnsurod" allege negligence or other
v'rongdoing in the supervision, hking, employment, training or monitoring ol others by that
"lnsured", if the "occurrence" \trhich caused the "bodily iniury" or "property damage" involved the
ovfiership. mainbnance, use or entustment to others of any aircraft, or \ /atercraft that is ovned or
operated by or rented or loaned to any "lnsured".
This exclusion does not apply to:
1, A v\atercraft r,rhile ashore on premises yorJ ov\,n or rent;
2 A uatercraft you do not owr that is:
a. Less lhan 26 feet long; and
b. Not being used to carry persons or property Ior a charge;
K. Wal
'Bodily injury" "ploperty damage" or "personal and advenising injury', ho\Ever caused, arising
directly or indireciy out of:
1. War, including undeclared or civil v\6r; or
2 warlike acton by a military rorca, including action in hindering or derending against an actual or
expected attack, by any government, sovereign or other suthority using military personnel or
other agents; or
3 lnsurrection, rebellion, revolution, usurped pov\€r, or action taken by governmental authority in
hindering or detnding against any or these.
This exclusion does not apply to the use or threaten use oJ'terrorism".
fu used in this exclusion, "terrorism" means the use or lhreatened us6 ol ,orce or violence against
person or property, or commission of an act dangerous to human lifu or property, or commission oJ
an act that interfures ltith or disrupts an electronic or communication Sysem, undertaken by Any
person or group, vrhether or not acting on behal, of or in any connection \ ith any organization.
government, pou€r, authority or military force. wtren the et ect is to intimidate, coerce or harm:
OC-UMAR
rx9790 (10/051 P6gc 6 ol 24
sffi#ffi pags 86 of 163
1. A go\r'ernment;
z The civilian population of a counfy, state or community; or
3- To disrupt the economy o, a country, staE or community.
So long as the Terrorism Risk lnsurance Act ol 2@2 (the "Act") is in e{fuct, "terrorism" includes
an act ol terrorism as defned by Section 102. Definitjons ol the Aa and any revisions or
amendments thereto.
L. Damago to Propsrty
"Property damage " to:
1. Property:
a. You ow'], rent or occupy, including any costs or e)Qenses incurred by you, or any othel
person, organization or entity, br repair, replacement, enhancement, restoration or
mainenance of such property br any reason, including prevention o{ injury to a person or
damage to another's property; or
b. O,aned or ransported by the "lnsured" and arising out of tre ov.nership, maint€nance or
use oI a "covered auto";
2 Premises you sell, give a\4Ey or abandon, it the "property damage" arises out ot any part o{
thos€ premises;
3. Property loaned to you;
4. Personal property in the care, custody or control of the "lnsured";
5. That psnicular pan ot r6al property on r trich you or any confactors or subcontractors \ orking
directiy or indirecdy on your behal{ are perfrorming operations, if fie "property damage" arises
out of those operations; or
6. That particular pan o, any property that must be restored, repaired or replsced because "your
vrork " 'aas incorrecty performed on it,
Paragraph 2 of this exclusion d@s not apply if the premises are "your v\^xk" and \4ere never
occupied, rented or held for rental by you.
Par8graphs lb, 3,4,5 and 6 o, this exclusion do not apply to liability assumed under a sidetrack
ag16ement.
Paragraph 3 and 4 o{ this exclusion do not apply to liability assumed under a li,,ritbn Trailer
lnterchange Agreement.
Paragraph 6 ol this exclusion does not apply to "property damage" included in the "products-
completed operations hazard, "
M. Damago to Your Product
"Property damage" to "your product" arising oJt o, it or any pan o{ it.
N. Damage to Your Work
"Property damage' to "your \ ork" arising out of it or any part o, it and included in the "products-
completed operations hazard. "
This exclusion does not apply if the damaged \ ork or the uork out o{ \ hich the damage arises rae
perrormed on you behall by a subcontrEctor.
O. Damsgo to lmpairod Proporty or Ploparty Not Physically lnjurod
"Property dsmage" to "impaired property" or property that has not been physically iniured, arising
out of:
1. Adebct, defciency, inadequacy or dangerous condition in "your product" or "you aork"; or
2 A delay or bilure by you or anyone acting on your behalf to perrorm a contract or agreement
in accordance uith its Erms.
This exclusion does not apply to the loss ol use ol other property arising out of sudden and
accidental physical iniury to "your product" or "your raork " after it has been put to its ifiendod
use.
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P. Recall ol Products, Work or lmpairod Property
Damages claimed for any loss, cost or expense incurred by you or others for the loss o{ use,
v\ithdrav\€|, recall, inspection, repair, replacement, adiustnsnt, removal or disposal of;
1. "Your product";
2 "Your \nork"; or
3. "lmpaired propeny";
if such product, v\ork or property is \ ithdrawr or recalled from tre market or lrom use by any
person or organization because of a kno\n or suspected defuct, defciency, inadequacy or
dangerous condition in it.
O. E lsctronic Data
Damages arising out of the loss ol, loss ol use or, damage to, corruption oI, inability to access or
inability to manipulat€ electronic data.
As used in this exclusion, elecuonic data means inrormation, facts or programs stored as or on,
creatad or used on, or tansmitEd to or from compuEr soft\ 6re, including systems and applications
softv\Ere, hard or oppy disks, CD'ROMS, tapes, drives, cells, data processing devices or any other
media \fiich are used yrith electonically controlled equipment.
R. Fungus/Mold
"Bodily injury" or "propeny damage" or any other loss, cost or expense, including, but not limitod
to losses, costs or expenses related to, arising ftom or associated vrith clean-up, remediaton,
containment, removal or abatement, caused direcdy or indirectly, in \ hole or in p8n, by:
1. Any "fungus(i)", "molds(s)", mildewor yeast, or
2 Any "spore(s)" or toxins created or produced by or emanating fom such "fungus(i)",
"mold(s)", mildew or yeast, or
3. Arry substance, vapor, gas, or other emission or organic or inorganic body substance produced
by or arising out oJ any "fungus(i)", "mold{s)", mildew or }€ast, or
4. Any material, product, building component, building or structure, or any concentration ot
moisture, v\6ter or oth6r liquid rrrithin such material, product, building component, building or
structure, that contains, harbors, nurtrres or acts as a medium lor any "fungus(i)". "mold(s)",
mildew, yeast or 'spore(s)" or toxins emanating thereftom,
regardless ol any other cause, event, material, product and/or building component that
contibuled concurrently or in any sequence to that "bodily injury" or "property damage", loss,
cost or expense.
For the purpose of this exclusion, the following defnitions are added to the policy:
"Fungus(i)" includes, but is not limited to, any of the plants or organisms belonging to the mEior
group fungi, lacking chlorophyl, and including molds, rusts, milde\ Js, smuts, and mushrooms,
"Mold(s)" includes, but is not limited to, any superfcial gro\,lh produced on damp or decaying
organic matter or on living organisms, and fungi that produce molds.
'Spore(s)" means any dormant or reproductive body produced by or arising or emanating out
oI any "fungus{i)", "mold(s)", mildew plants, organisms or microorganisms.
S. Lead
1. "Bodity iniury", "property damage", or "personal and advenising injury" ,or past, present or
future claims arising in \ hole or in part, either directly or indirecty, out of the manufacture,
distribution. sale, resale, rebranding, instsllation, repair, removal, encapsulalion, abatement.
replacement or handling oJ. e)@osure to, ingestion o, or testing lor, lead vfiether or not the load
is or \as at any time airborne 8s a particle, contained in a product, carried on clothing, inhalod,
transmited in any fashion or Jound in any brm \^hatsoever;
Z The costs o, clean up or removal of lead or products and materials containing lead;
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3, The costs of such actons as may be necsssary to monitor, assess and evaluate the rolease or
threat o, same, or lead or products and maErial containing lead;
4. The cost oJ disposal ol lead substances or the taking ol such other action as may be n€cessary
to Emporarily or permanenty prevent, minimize or mitigaE damage to the public health or
uelfare or to the environment, which may other\ ise result; or
5. The cost of compliance vrith any law or regulation regarding lead
T. Asbostos
1. "Bodily injury" in any way arising out of the use by any person or organization of or elposure to
asbestos, asbestos products, asbestos fbers or asbestos dust;
2 "Property damage" to real property arising out ol the use by any person or organization of
asbestos, asbestos products, ssbestos fibers, asbestos dust, including \^ifiout limitation the
costs incurred v\itt respect to the removal or abatement of asbestos, asbestos products,
asbestos fbers or asbestos dust ftom or in such real property;
3. Any obligaton oI the "lnsured" to indemnify any party because of damages arising out o,
such "property damage", "bodily iniury", sickness, disease, occupational disease, disability,
shock, death, mental anguish or mental iniury, at any time as a result of the manufacture of,
mining or, use ol, sale of, removal of, distrifution of, or exposure to asbestos, ashstos
products, ssbestos fbers or asbestos dust; or
4. Any obligation to defund any claim or "suh" against the "lnsured" alleging "bodilv injurv",
sickness, disease. occupational disesse, disability, shock, dealh, mental anguish or mental
iniury or "property damage" resulting ftom or contibuEd to, bY any 8nd all manulacture ol,
mining of, use of, sale ot, removal or, distribudon oI, or exposure to asbestos, asbestos
products, asbestos fibers or asbestos dust.
U. Nucloar
1. "Bodily injury" or "property damage";
a. Wth respect to v\hich an "lnsured" under tre policy is also an "lnsured" under a nuclear
energy liability policy issued by Nuclear Energy Liability lnsurance Association, lvfutual
Atomic Energy Liability Underwiters, Nuclear lnsurance Association or Canada or any such
policy but for its termination upon e*raustion ot its limit oI liability; or
b. Resulting ftom the "hazardous propenies" ol "nuclear material" and \^ith respect to vfiich
(i) any person or organization is required to maintain financial prot€ction pursuant to the
Atomic Energy Act ol l9g, or any law amendatory thereof, of (ii) the "lnsured" is or had
this policy not b|een issued vrould be, entited to indemnify lrom the United States ol
ArneIica, or any sgency the16ol, under any agreement entered into by the United States of
Arnerica, or any agency there of \dth any person or organization.
2 "Bodily injury" or "property damage" resulting {rom the "hazardous propenies oJ "nuclear
material", if:
a. The "nuclear material" (i) is at any "nuclear facility" owred by, or operated by or on behalf
oI, an "lnsured" or (ii) has been discharged or dispersed therelrom;
b. The "nuclear material" is contained in "spent fuel" or " \,l€ste " at anytime possessed,
handled, used, processed, stored, transported or disposed oI by or on behalf o{ the
,'lnsured"; or
c. The "bodily injury" or "property damage" arises out of t1e furnishing by an "lnsured" of
services, materials, parb or equipment in connection vrith the planning, construcdon,
maintenance, operation or use o, any "nuclear fucility".
3 "Bodily injury" or "property damage" resulting ,rom fre intentjonal or unintentional detonation oJ
any nuclear bomb or nuclear device.
501
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4. As used in this exclusion, the lolloltino defnidons apply;
a. "Hazardous properties" include radioacti\r'e, toxic or eplosive propenies;
b. "Nuclear material' means "source material", "special nuclear material" or "by-product
material";
c. "Source material", "special nuclear material" and "by-product material" have the meanings
given them in Atomic Energy Act o, 1954 or in any law amendatory thereor;
d. "Spent fuel" means any fuel element o{ fuel component, solid or liquid \hich has b€en
used or exposed to radiation in a "nuclear reactor";
o' "Waste" means any llBste material (l) containing 'by-product material" olher than the
tailings or v€stes produced by the exraction or concenvation ol uranium or thorium lorm
any ore processed primarily for its "source material" content, and (ii) resulting lrom ttle
operation by any person or organization oJ any "nuclear {Ecility" included under the frst tvro
paragraphs oJ the defnition of "nuclear hcility";
f. " Nuclear ,acility" means:
{i) Any "nuclear reactor";
(ii) Any equipment or device designed or used lor (a) separating the isotopes or uranium or
plutonium, (b) processing or utilizing "spent fue1", or (c) handling, processing or
packaging "\ aste";
(iii) Any equipment or devic€ used br the processing, hbricating or alloying oI "special
nuclear material" il at any time the total amount o{ such material in the custody of the
"lnsured" at the premises wtrere such equipment or device is located consists ol or
contains more than 25 grams of plutonium or uranium 233 or any combination theroof,
or more trat 250 grsms of ulanium 235;
(iv) Any structure, basin, excavation, premises or plsce prepsred or used lor the storago or
disposal or " \ /aste ";
and includes the site on \ hich any ol the foregoing is located, all operations conducted on
such site and all premises used br such operations.
V. Securities and Financisl lnterast
Any liability arising out of:
1. Any violation of any securities law or similar law or any regulation promulgated thereunder;
2 The purchase, sale, offur o, salB or solicitation of any security, debt, insurance policy, bank
deposit or fnancial interest or instrument;
3. Any representation made at any time in relation to the price or value of any security, debt,
insurance policy. bank deposit or fnancisl interest or instrument; or
zL Any depreciaton or decline in price or value of any security, debt, insurance policy, bank
deposit or financial interest or instument.
W. Covorage excluded or sublimited by tho Schodulod Und8rlying lnsurance
"Bodily injury", "propeny damage', or "personal and advertising iniury" v+rich:
1. ls not covered by the "scheduled underlying insurance" by reason of an exclusion contained in
or at any time add€d to such "schedul€d underllng insurance"; or
2 ls in any way subject to a sublimit \ hich is less than the limits of insurance ol such "scheduled
underlying insurance ".
X Silica
"Bodily injury", sickness, disease, occupational disease, disability, shock, dealh, mental
anguish or mental injury, and/or any other type of iniury, lo6s, cost, damage, or expense
sustained by any person lor the real or alleged emergence, contraction, aggravation or
exacerbaton of any torm oJ silicosis or any other disease o{ the human body caused by,
arising out ol, or resulting ,rom the manufacture, mining, use, sale, removal, or disuibution by
1
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any person or organization o, silica, silica prducts, silica fbers or silica dust, or the e)qoosure
to silica, silica products, silica fibers or silica dust; or
2 Any obligation oJ the insured to defund 8nd/or indemnify any party because of damages arising
out ol such "bodily iniury", sickness, disease, occupational disease, disability, shock, death,
mental anguish or mental injury, at any time caused by, arising out of, or resulting lrom the
manufacture of, mining ol, use or, sale of, removal oJ, distrihltion of, or e)gosure to silica, silica
products, silica fibers or silica dust.
y, Violation Ot Statut8s ln Connection wlth Sonding, Transmitting Or Communicating Any
Material Or lnlormation
Any claim or "suit" alleging or asserting trat any act or omission violates any statut€, ordinance or
regulation o{ any fuderal, state or local government, including any amendment of or addition to such
la\/s, trrat includes, addresses or applies to the sending, transmitting or communicating of any
material oI informaton, by any means vrhatsoever.
Z. Other Porsonal and Advertising lnjury
" Personal and ad\rertjsing iniury" :
1. Caused by or at the direction oI fie "lnsured" \ ith the knovJedge that the act v\Duld violate the
rights of another and \ ould infrict "personal and advertising injury".
2 Arising out of oral or \ ritten publication of material, iI done by or at the direction ol the
"lnsured" vrith knovrledge oi its falsity.
3. Arising out of oral or \Miten publication o{ material vfiose 6rst publication took place before the
beginning ol the policy period.
4. Arising out of a criminal act committed by or at the direaion of the "lnsured".
5. For v*rich the "lnsured" has assumed liability in a contact or agreement. This exclusion does
not apply to:
a. Liability lor damages that the "lnsured" v\,ould have in the absence oI the conract or
agreement; or
b. Liability lor false arrest, detention or imprisonment assumed in a contract or agreement.
6. Arising out ot a breach of congact, except an implied conract to use another's advertising idea
in your "ad\€rtisement'.
7. Arising out o, the failure o{ goods, prducts or services to conbrm Y\ith any statement o, quality
or perlormance made in your " ad\ertisement'.
8. Arising out of the wong description of the price o, goods, products or services stated in your
"advenisement",
9. Arising out of the inlringement of copyright, patent, tademark, fade secret or otrer intellectual
property rights. Hoy\EVer, this exclusion does not apply to in{ringement, in Your
"adveftisement", ol copyright, trade dress or slogan.
10. Cornmitted by an "lnsured" v,,/rose business is:
a. Ad\€rtising, broadcasting, publishing or telecasting;
b. Designing or determining content o, \nebsites ,o{ others; or
c, An internet search, access, content or service provider.
H ov\rgver, this exclusion does not apply to Paragraphs 1, 2 and 3 of the defnition o, "personal
and advertising iniury' in SECTION V - DEFINITIONS.
For the purposes ot this exclusion, the placing o, ftames, borders or links, or advertising, tor
you or others anyrahere on the lnternet, is not by itself, considered the business o, advenising,
broadcasting, publishing or telecasting,
11. Arising out o{ an electronic chatoom or bulletin board the "lnsured" hosts, owls, or over \ hich
the "lnsured" e)€rcises control.
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12 Arising out of the unauthorized use of another's name or product in your e-mail address,
domain name or meta tag, or any other similar tactics to mislead another's potential custom€rs.
SECTION IV. LIMITS OF INSURANCE
A. The limits oI insurance showl in ltem 3 of the Declarations and the rules below state the most vre
,&ill pay for all Damages under this policy regardless ol the number of:
1. "lnsureds";
2 Claims made or "suits" brought; or
3. Persons or organizations making claims or bringing "suits".
B. The General &gregate Limit is the most v\e uill pay for all damages under this policy, except Ior:
1. Damages included within the " products-completed operations hazard"; and
2 Damages because of "bodily injury" or " property damage" to wttich this policy applies, caused
by an "occurrence" and resulting ,rom the owlership, maintenance or use of a "covered auto".
C. The Products-Completed Operations Aggregate Limit is the most \ e \ ill pay for all dameges
included in the "products-completed operations hazard".
D. Subject to Paragraphs B and C above, wtricherer applies. the Each Occurrence Limit is tle most
vre vr,ill pay for the sum ol all damages arising out ol any one "occurrence" or oJfunse.
E. Subject to Paragraphs B and C above, vfiiche\,er applies, the most \E \,ill pay for damages under
this policy on behall of any person or organization to v\hom you are obligated by a \rrittsn "insured
contract" to provide insurance such as is afforded by this policy is the lesser oI the limits of
insurance shoran in ltem 3 oi the Declarations or the minimum limits o, insurance you agreed to
procure in such witt€n "insured contact".
F. This policy applies only in excess of the total applicable limits of "scheduled underlying insurance"
and any applicable "otrer insurance" whether or not such limits are collectible. lf, ho!€ver, a
policy sho\ n in the Schedule ol Underlying Insurance has a limit of insurance:
1. Greater than tre amount shovrn in such schedule, this policy \,ill apply in excess of such
greater amount; or
2 Less than the amount shovln in such schedule, this policy \^ill apply in excess of the amount
shorvr in the Schedule o, Underlying lnsurance {orming a part of this policy.
G. lf the totai applicable limits o, "scheduled underlying insurance" and any applicable "other
insurance" are reduced or e),hausted by the payment oI damages to wttich this policy applies, v\E
Itill:
1. ln the event o{ reduction, pay damages in excess o{ the remaining total applicable
limits of "scheduled underlying insurance" and any applicable "ofter insurance"; and
Z Subiect to Paragraph E ol SECTION ll ' DEFENSE AND SUPPLEMENTARY PAYMENTS, in
the event of e*taustion, continue in lorce as underlying insurance.
H' Expenses incurred to delend any "suit" or to investigate any claim v\,ill be in addition to the
applicable limits of insurance of this policy. Provided, ho\,^€ver, trat iI such expenses reduce the
applicable limits of "scheduled underlying insurance", then such expenses \^,ill reduce the
applicable limits o, insurance of tris policy.
l. The limits of insurance o, this policy spply separately to each consecutive annual period and to any
remaining period of less tran tvrelve (12) months, beginning vrith the incepton date o1 the "policy
period" shov\n in the Declaratons, unless the "policy period" is extended after issuance {or an
additional period o{ less than tv\elve (12) months. ln that case, the additional period \ill be deemed
part of the last preceding period for purposes ot determining the limits o, insurance o{ this policy.
J. We uill not make any payment under this policy unless and until:
1. The total applicable limib of "scheduled underlying insurance" and any applicable "other
insurance " have been e*rausted by the payment o{ damages to '^hich this policy applies; or
504
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2 The total applicaue "SelI-lnsured Retertion " has been satisfed by the payment of damages to
which this policy applies.
Vvhen the amount o{ damages has been determined by an agreed settlement or a final judgem6nt,
ue r,rill promptly pay on behalf oJ tlre "lnsured" the amount o{ damages {alling rnithin the terms ol
this policy. An agreed setdement means a setUement and release of liability signed by us, the
"lnsured' and the claimant or the claimant's legal representative.
SECTION V. DEFINITIONS
A. "Advertisement" means a notice frat is broadcast or published to the general public or specifc
market segmenG about your goods, products or services for the purpose o, attracling customers or
supporters. For the purposes ol this definition:
1. Notices that are published include material placed on the lnternet or on similar electronic means
ol communication; and
2 Regarding ueb-sites, only tlat part of a v\ebsite that is about your goods, products or services
lor the purposes ol attracting customers or supporErs is considered an " adve rtise ment".
B. "Auto" means;
1. A land motor vehicle, tailer or semifailer designed for uavel on public roads, including any
attached machinery or equipment; or
2 Any other land vehicle that is subject to a compulsory or fnancial responsibility law or other
motor vehicle insurance law in the state where it is licensed or principally garaged.
Ho'aever, "auto" does not include "mobile equipment".
C. "Bodily injury" means bodily inlury, disability, sickness, or disease sustained bY a person, including
death resulting fom any of these at any time. "Bodily injury" includes mental anguish or other
mental iniury resultjng lrom 'bodily iniury".
D. "Coverage territory" means:
1. The united states oI Arnerica, including its territories and possessions, Puerto Rico and
Canada; or
2 l, provided by the underlying policy, anyv*lere else in the uorld vrith the exception of any
country or iurisdiction which is subiect to trade or other economic sanction or embargo by the
UniEd States ol Arnerica.
ll '^E are prohibited by law from providing a defunse in any location described in this defnition and
\^e are obligated to provide such defunse under SECTION ll - DEFENSE AND SUPPLEMENTARY
PAYMENTS, vre will reimburse you for legal fues and other debnse epenses incurred \ ith our
consent under the terms and conditions oI this policy.
lJ coverage for a claim under this policy is in violation of any UniEd States oI Arnerica's
economic or trade sanction, including, but not limited to, sanc0ons administered and enlorced by
the U.S. Treasury Departrnent's Office oI Foreign Assets Control ('OFAC') then coverage lor that
claim shall be null and void.
E. "Covered auto" means only those "autos" to wtrich "scheduled underlying insurance' applies.
F. "Employee" includes 8 "leased \^orkeI". "Employee" does not include a "temporary v\orker"'
G. "E)€cutive officer" means a person holding 8ny of the o{fcer positions created by your charGr,
constitution, by-la\ 6 or any o'ther similar governing document.
H, "Hostile fre" means a fre trat becomes uncontrollable or breaks out from v*lere it v\€s intended
to be.
l. "lmpaired properfy' means tangible property, oher than "your product" or "you aork", that cannot
be used or is less useful because:
1. lt incorporates "your product" or 'your uork" that is know'r or trought to be debctive, defcient,
inadequate or dangerous; or
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2 You have biled to fulfll the terms of a contract or sgreemenu
i, such property can be restored to use by:
1. The repair, replacement, adiustnent or removal o, "your product" or "your \,\ork"; or
2 Your fulflling th6 terms of the contract or agreement.
J, "lnsured" means:
1. The "Named lnsured";
2 Except for liability arising out ol the ov"nership, maintenance, or use of "covered autos";
a. l{ you are designated in the Declarations as:
( 1) Afl individual, you and your spouse are " lnsureds ", but only \ ith re spe ct to the conduct
of a businoss of v*rich you are the sole owrer;
(2 A pannership or joint ventrre, you are an "lnsured". Your mGmbers and your parhors,
and their spouses are also "lnsureds", but only v\ih respect to the conduct of your
business;
l3) A limited liability company, you are an "lnsured". Your members are also "lnsureds",
but only \ith respect to the conduct o, your business, Your managers are "lnsureds",
but only \ ith respect 10 their duties as your managers;
(4) An organization other than a parFership, joint venture or limit8d liability company, you
are an "lnsured". Your "executive orfcers" and directors are "lnsureds", but only \ ith
respect to fieir dutjes as your oficers or directors. Your stockholders ar6 also
"lnsureds', but only s,ith respect to their liability as stockholders;
($ Arust, you are an "lnsured", Your tustees are also "lnsureds", butonly\ith respoct
to their duties as trustees;
b. Your "volunteer raorkers" only wtrile perbrming duties related to the conduct ol your
business. Your "employees" other tian your "executive o{fcers" (iI you are an organizstion
other than a partnership, icint \€nture or limited liability company) or your managers {i,
you are a limited liability company), but only for acE \ ithin the scope o, t1eir employmont
by you or \ tlile performing duties related to the conduct of your business. Ho'aever, none
of these "employees" or "volunteer raorkers " are insureds for:
(1) "Bodily injury" or "personal and advertising injury":
(a) To you, to your partrlers or members (iJ you are a parhership or joint ventur6), to
your members (iI you are a limited liability company), to a co-"emplo't€e" in the
course ol his or her employment or porforming duties related to the conduct o, your
business or to your other 'volunteer \ Drkers" while performing duties related to the
conduct of your business; or any claim or "suit" brought by or on behalJ ol the
spouse, child, parent, brother or sister o, that co-"employee" or "volunteer raorker"
as a consequence oI such "bodily injury" or "personal and advertising iniurY", or;
(b) For v*rich there is any obligation to share damages lith or repay someone else
\ ho must pay damages because of the injury described in Paragraphs (1)(i) above.
(? "Property damage" to property:
(a) Ovmed, occupied or used by,
(b) Rented to. in fre care, custody or control of, or over v\tlich physical control is boing
exercised ,or any purpose by you. any ol your "employees", "volunteer Morkers",
any parher or memb€r (il you are a partnership or jcint ventJre), or any member (ii
you are a limited liability company).
c Any person (other than your "employee" or "volunteer vrorker") or organization while actng
as your real estate manager;
d. Your legal representative iI you die, but only \ifi respect to duties as such. That
representative vr,ill have all your rights and duties under this policy;
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e. Any person or organization, other than the "Named lnsured", included as an additional
"lnsured" under 'scheduled underlying insurance", but not fcr broader cowrage than
\ ,ould be afforded by such "scheduled underlying insurance".
3. Only \,ith respect to liability arising out of tre ovfiership, maintenance, or use of "covered
autos':
a. You are an "lnsured";
b. Anyone else wtrile using with your permission a "covered auto'' you ovn, hire, or borrow is
also an "lnsured" except:
(1) The ow'rer or anyone else trom vrhom you hire or borrow a "covered auto". This
exception does not apply if the "coverod auto" is a railer or semi-trailer connected to a
"covered auto" you ovn;
(Z Your "employee" if the "covered auto" is ovrled by that "employee" or a member oI
his or her household;
(3 Someone using a "covered auto" v*rile he or she is \ orking in a business o, selling,
servicing, repairing, parking or storing "autos" unless ftat business is yours;
(4) Anyone other than your "employees', parfiers (il you are a parmership), members (i,
you are a limited liability company), or a lessee or borro\ er or any ol their
"employees", v*rile moving property to or {rom a "covered auto";
(5) A partner {if you are a partnership), or a member (i{ you are a limited liability company)
br a "covered auto" ovrred by him or her or a member of his or her household;
(d "Employees" \ ith respect to 'bodily iniury" to any ftllow "emplorTee' ol the 'lnsured"
arising out of and in the course of the bllow "employee's" employment or \ hile
performing duties related to the conduct of your business;
c. Anyone liable for the conduct of an "lnsured" described abovs is also an "lnsured", but
only to the exent of that liaulity.
4. Not\^ifistanding any of the above:
a. No person or organization is an "lnsured" \ itr respect to the conduct of any current, past
or ner,{y brmed parhership, joint venture or limited liability company that is not designated
as a "Named lnsured" in lem 1 of the Declarations; and
b. No person or organization is an "lnsured" under this policy \.ho is not an "lnsured" under
"scheduled underlying insurance".
K. "lnsured contact" means that part o, any contract or agreement pertaining to your business under
wtlich any "lnsured" assumes the tort liability ot anofier pany to pay lor "bodily injury' or "property
damage " to a third person or organization. Tort liability means a liability that \ ,ould be imposed by
law in the absence of any contract or agreement.
"lnsured contact" does not include that pan oI any contract or agreement:
'1. That indemnifes a railroad for "bodily injury" or "property damage " arising out of constuction
or demolition operations, lrithin 5O tet ol any railroad property and alfucting any railroad bridge
or tresie, tracks, road-beds, tJnnel, underpass or crossing;
2 That indemnifes an architect, engineer or surveyor for injury or damage arising out of
a. Preparing, approving, or ,ailing to prepare or approve, mapsr shop dra' ings, opinions,
reports, surveys, feld orders, change orders or dra\ ings and specilications; or
b. Giving directions or instructions, or failing to give hem, i, that is the primary cause of fte
iniury or damage; or
3. Under v*rich the "lnsurod", il an architect, engineer or surwyor, assumes liability tor an injury
or damage arising out of the "lnsured's" rendering or failure to render proressional services,
including those shovr in subparagraph 2 above and supervisory, inspoction, architectural or
engineering activities.
507
oc-UfiBR
rx9799 { 1(y05t Pas. '15 ot 24
S#JIlar*IfEfis
pags 95 of 163
L. "Loading or unloading" means the handling of property:
1. A{ter it is moved fom the place rahere it is accepted lor movement into or onto an aircraft or
\ 6tercraft;
2. \Mrile it is in or on an aircraft or u€tercraft; or
3. Wrile it is being moved fom an aircraft or watercraft to the place vfiere it is fnally delivered;
but "loading or unloading" does not include the movement o{ property by means of a mechanical
device, other than a hand truck, that is not attached to the aircraft or \ /atercraft.
M. 'Leased \Drker" means a person leased to you by a labol leasing firm under an agreement
betv\een you and the labor leasing firm, to perfrcrm duties related to the conduct o{ your business.
"Leased rmrker" does not include a "emporary vwrker".
N. "Mobile equipment" means any of the frollorrring types o, land vehicles, including any attached
machinery or equipment:
1. Bulldozers, ,arm machinery, forklirB and other vehicles designed for use principally off puUic
roads;
2 Vehicles maintained for use solely on or next to premises you ovfi or rent;
3. Vehicles that travel on crav,,ler treads;
4 Vehicles, \ hether self-propelled or not, maintained primarily to provide mobility to permanently
mounted:
a. Poraer cranes, shovels, Ioaders, diggers or drills; or
b. Road constuction or resurbcing equipment such as graders, scrapers or rollers;
5. Vehicles not described in Paragraph 1,2,3 ot 4 above that are not self-propelled and are
maintained primarily to provide mobility to permanenty attached equipment of the follolting
types:
a. Air compressors, pumps and generators, including spraying, uelding, building cleaning,
geophysicsl eploration. lighting and raell servicing equipment; or
b. Cherry pickers and similar devices used to raise or lo1,€r \^Jorkers;
6. Vehicles not described in Paraqraph 1, 2, 3 o( 4 above maintained primarily ior purposes ofter
fian the tansportation of persons or cargo.
Ho\^€ver, selJ-propelled vehicles vrith the ,ollo\ ing types of permanenty attached equipmont
are not "mobile equipment", but ltill be considered "autos"r
a. Equipment designed primarily ror;
(i) Snow removal;
(ii) Road maintenance, but not constuction or resurfacing; or
(iii) St'eet cleaning;
b. Cherry pickers and similar devices mounted on automobile or truck chassis and usod to
raise Or lO, e aOrkerS; and
c. Ajr compressors, pumps and generators, including sprafng, raelding, building cleaning,
geophysical e:,ploration, lighting and vlEll servicing equipment.
Hov\,ever, "mobile equipment" does not include lsnd vehicles that are subiect to a compulsory or
fnancial responsibility law or other motor vehicle insurance law in the state \,here it is licensed or
principally garaqed, Land vehicles subject to a compulsory or financial responsibility law or other
motor vehicle insurance laware considered "autos".
O. "Named lnsured" means:
1. Any person or organization designated in ltem 1 of the Declarations;
508
OC,UMBR
1X9799 t lO/O5)Pasc 16 of 24
*trlj-ffi pag6 96 of 163
2 Any organization in rahich you maintain an interest of more than ffty percent (50%) and ' hich
is included as a named insured under "scheduled underlying insurance", as ol the effoctive
date of this policy and to \ hich more specifc insurance does not apply. provided that this
policy does not apply to any "bodily iniury" or "property damage" that occurred or any "
personal and advertising injury" that raas caused by an "occurrence" that vvas committed
before you acquired or lormed such organization or alter you caased to maintain an interest of
more than fifty percent (5O%) in such organization; and
3. Any organization, except for a parh€rship, ioint venture or limited liability company, that you
acquire or form during the ''policy period" in r,^,tlich you maintain an interest of more than ffty
gercent (5oolo) and to vthich more specifc insurance does not apply, provided that:
a. Such organization is included as a named insured under 'scheduled underlying insurance";
b. This policy does not apply to any "bodily injury" or "property damage" that occurred or any
"personal and advenising injury" h8t was caused by an "occurrence" that was committed
before you acquired or {ormed such organization or a{ter you ceased to maintain an interest
ol more than filty percent (50%) in such organizalion; and
c. You give us prompt notice alter you acquire or lorm such organization.
Subject to the provisions of Paragraphs 3a, 3b and 3c above, a partnership, ioint venture or
limit€d liability company that you acquire or form during the "policy period" may be added as
an "lnsured" only by a vvitten endorsement that v\E make a part oI this policy.
We may. at our opton, make an additional premium charge for any organization that you
acquire or lorm during the "policy period".
P, "Occurrence " means:
1. As respects "bodily injury" or " property damage", an accident, including continuous or
repeated exposure to substantially the same general harmful conditions. All such exposure to
substanlially the same general harmful conditions Wll be deemed to arise out of one
"occurrence''
ln the event oJ continuing or progressively deterioraling damage over any length oI time, such
damage shall be deemed to be one 'occurrence", and shall be deemed to occur only lrhen
such damage frst cornmences.
2 As respects "personal and advenising injury", an oflense arising out of your business that
causes "personal and advenising injury". Al damages that arise fom fie same, related or
repeated injurious material or act \nill be deem€d to arise out oI one "occurrence', regardless
ol the ,requency or repettion thereof, the number and kind ol media used and the number oI
claimants,
O. "Other insurance" means a valid and collectide policy oI insurance providing coverage {or
damages covered in rahole or in part by this policy.
Hov\€ver, "o1her insurance" does not include "scheduled underlying insurance", the "Self-lnsured
Retention^ or any policy of insurance specifcally purchased to be excess oI this policy affording
coverage trat this policy also alfolds,
R. "Personal and advenising injury" means inlury arising out o, your business, including consequential
"bodily iniury", arising out ol one or more ol the ,ollo\ ing ofienses:
1. False arrest, detention or imprisonment;
2 Malicious prosecution;
3. The urongful eviction lrom, wongful entry into, or invasion o, the right of private occupancy of
a room, d\^elling or premises that a person occupies committed by or on behalt ol its ovner,
landlord or lessor;
4. Oral or uritten publication, in any manner, o{ material that slanders or libels a person or
organization, or disparages a person's or organization's goods, prducts or services;
I
o c -utlBR
1X9799 { 10/05)P6g. 17 ol 24
H:'8,'$ffi pag6 97 of 163
5. Oral or witten publication, in any manner, ol material $at violat6s a person's right o, privacy;
6. The use of another's advertising idea in your "advertisement"; or
7. lnfringement upon another's copyright, trade dress or slogan in your " ad\ertisement".
S. "Policy period" means the period of time lrom lhe inception dae shoM in ltem 2 ol he
Declarations to the earlier oJ tre epiration dat€ shom in ltem 2 of the Declarations or the elfuctive
date of termination of this policy.
T. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant including smoke,
vapor, soot, fumes. acids, alkalis, chemicals and \ /aste, WasE includes materials to be recycled,
reconditioned or reclaimed,
U. " Products-completed operations hazard' means all "bodily injury" 8nd "property damage" occurring
av\ay fom premises you ovtrt or rent and arising out of "your product" or "your \^ork" except:
'1. Products that are still in your physical possession; or
2 Work trat has not yet been completed or abandoned. Hov\Ever, "your \,ork" !,\ill be de€med
completed at the esrliest ot the follovring times:
a. \Mren all of the ' ork called fror in your contract has been completed;
b. \Men all o, the \nork to be done at the job site has been completed if your contract calls lor
\ ork at more than one job site; or
c. \Nhen tlat part ol the r,ork done at a job sib has been put to its intended use by any
person or organization other than another contractor or subcontractor v\orking on the same
proiect.
Work that may need service, maintensnce, correction, repair or replacement, but wtlich is
otrer\dse complete, Wll be reatsd as completed.
"Products-completed operations hazard" does not include "bodily injury' or " property damage"
arising out ol:
1. The transponation ol property, unless the injury or damage arises out of a condition in or on a
vehicle not ovned or operated by you and that condition vvas created by the loading or
unloading (meaning 'loading or unloading" but with respect to a vehicle) oJ thst vehicle by any
" lnsured"; or
Z The existence of tools, uninstalled equipment or abandoned or unused materials.
V. "Property damage" means:
1. Ph\.sicai iniury to tangible property, including all resultng loss oI use o{ that property. All such
loss oi use \ ill be deemed to occur at the time ot the physical injury that caused it; or
2 Loss of use o{ tangiHe property that is not physically iniured. All such loss of use vrill be
deemed to occur at the time of the "occurrence " that caused it.
For the purposes of this insurance, electonic data is not tangible property.
As used in this defnition, electronic data means intormation, hcts or programs stor€d as or on,
created or used on, or tansmitted to or lrom compu€r so{t\ 6re, including systems and applications
soft\,1Ere, hard or foppy disks, CD-HOlt/E, tapes, drives, cells, dats processing devices or any
other media which are used vrith electronically confolled equipment.
W. " Retained Arnount" means:
1. The total applicable limiG of "scheduled underlying insurance" (plus any "Sel{-lnsured" rstention
applicaue thereto) and any applicable "other insurance" providing co\€rage to the "lnsured"; or
2 The "Self-lnsured Retention" applicaue to each "occurrence" that resulB in damages not
covered by "scheduled underlying insurance" nor any applicaue "other insurance" providing
coverage to the "lnsured ".
l0
OC,UMBR
1X9799 t lCr/05)Pag€ 1a of 24
hBuSrffi page 98 ol 163
X "Scheduled underlying insurance" means:
1. The policy or policies ol insurance and limits ol insurance {plus any selfnsured retention
applicable thereto) shovtr! in the Schedule of Underlying Insurance; and
2 Artomatically any reneraal or replacement of any policy in Paragraph 1 above, provided fiat
such rene\^€l or replacement provides equivalent coverago to and affords limits of insurance
equal to or greater than the policy being rene\ ed or replaced.
"Scheduled underlying insurance" does not include a policy of insulance specifcally purchased to
be excess of this policy aflording coverage that this policy also afiords.
Y. "Sell-lnsured Retention' means the amount that is shovn in ltem 4 o, the Declarations
Z. "Suit" m€ans I civil proceeding in v\t ch damages because ol "Bodily lniury", "Property Damage",
or "personal and advertising iniury" to v*rich this policy applies are alleged. "Suit' includes:
1. An arbitration proceeding in wtrich such damages are ciaimed and to lrhich the "lnsured" must
submh or does submit \ ith our consent; or
2 Any other alternative dispute resolution proceeding in \ hich such damages are claimed and to
wtrich the "lnsured" submhs \ ifi our consent.
AA. "Temporary uorker" means a person yrtro is furnished to you to substitrlb ,or a permanent
"employee" on lea\€ or to meet seasonal or short-term uorkload conditions .
BB."VdunEer \ orker" means a person v*lo is not your "employee" and t^ho donates his or her uork
and acts at the direction of and vrithin the scope oI duties determined by you, and is not paid a fte,
salary or other compensation by you or anyone else br thei aork periormed for you.
CC."Your product' means:
1. Any goods or products, other than real property, manulactured, sold, handled, distributed or
disposed o{ by:
a. You;
b. Others tading under your name; or
c. A person or organization whose business or asseB you have acquired; and
2 Containers (other than vehicles), materials, parts or equipment furnished in connection vritit
such goods or products.
"Your product" includes:
1. Warranties or representations made at any time \ ith respect to tle fhess, qualitY, durability,
perbrmance or use o{ "your product"; and
2 The providing of or failure to plovide \ /arnings or instructions.
"Your product" does not include vending machin€s or other property rented to or located for the
use ol others but not sold.
DD."YoJr \ olk" means:
'1. Work or operations perficrmed by you or on your behalf; and
2 Materials, parts or oquipment furnished in connection \ ith such ,/l,ork or @erations.
"Yotjr \ ork" includ6s:
1. Warranties or representations made at any time r,rith respect to the fmess, quality, durability,
perbrmance or use of "Your Work"; and
Z The providing o, or failure to provide raarnings or instructions.
SECTION VI - CONDITIONS
11
o c,utlB R
1X9799 t 1Cr06)Paso 19 ol 24
I
ffi page 99 of '163
A. Appoals
ln the event the frst Named lnsured or the frst Named lnsured's underlying insurer {i{ applicaue)
elect(s) not to appeal a iudgement in excess of the "Retained Amount", v\€ may elect to m6ke
such appeal at our owl cost and epense, and we shall be liable br the taxable costs and
disbursements and interest incidental thereto, but in no event shall our liability ior damages exceBd
the sum set brtr in the Declaration's lor any one "occurrence", including the cost and epenso ol
such appeal,
B. Examinstion of Your Books and Rscords
We may audit and examine your books and records as they relate to this policy at any lime during
the period ol this policy and Ior up to three (3) years alter the expiration or termination o, this
PolicY.
C. B ankruptcy or lnsolvency
Your receivership bankruptcy, insolvency or inability to pay or the receivership bankruptcy,
insolvency or inability to pay of any oI your underlying insurers vrill not relieve us fom tho payment
of damages covered by this policy. But under no circumstances \ ill such receivership bankruptcy.
insolvency or inability to pay in any \^€y incroase or e&and our liability or require us to drop do\/.n,
replace or assume any obligation under "scheduled underlying insurance".
D. Cancellation
1. The frst Named lnsured shov'n in the Declaratons may cancel this policy by mailing or
delivering to us advance witten notice ol cancellaion.
2 We may cancel this policy by mailing or delivering to the frst Named lnsured v\ritEn notics o{
cancellation at least:
a. 10 days before the efbctive date o, cancellation iI vre cancel br nonpayment of premium; or
b. 30 days before the efbctive date o, cancellation it \^e cancel {or any other reason,
3 We vrill mail or deliver our notice to the frst Named lnsured's last mailing address knovtrr to us.
4. Notice of cancellation \ ill state the effective date oI cancellation. The "policy period" \ ill ond
on that date.
5. lf this policy is canceled, rae vrill send the frst Named lnsured any premium refund due. l{ un
cancel, the refund \ill be pro rata. lf the first Named lnsured cancels, earned premium v\ill be
calculaEd in accordance \^ith the customary shon-rate table and procedure, or the Mnimum
Earned Premium at lnception of the policy showl in ltem 5 of the Declarations, \trich ever is
greater. The cancellatjm v\ill bs ellecdve even if \ E have not made or or{ered a refund.
6. ll notice is mailed, proof ol mailing \aill be sufficient proof of notce.
E. Change ln Control
lf during the "policy period";
1. the first Named lnsured designated in lEm 1 of the Declarations consolidates v\ith or mergBs
into, or sells all or substantially all of its assets to any person or entity; or
2 any person or entity acquires an amount o{ the outstanding ov'nership interests representjng
more fran 5O% of the voting designation pouEr lor the election of directors of the frst
Named lnsured designated in lEm 1 ol the Declarations, or acquires the voting or designation
rights o{ such an amount oI o\ nership inerests;
This policy raill continue in full {orce and eflect as to "bodily iniury" and "property damage" that
occur prior to the eff8ctive date ol such tansaction and "personal and advertising iniury" caused
by an "occurrence' that takes place prior to fie elfuctive date of such transaction. There vrill be
no coverage aftorded by this policy frcr "bodily injury" or "property damage" that occurs on or after
the elfuaive date of such transaction and "personal and advenising iniury" caus€d bv 8n
"occurrence" that takes place on or afEr the elfuctive date o, such transaction.
512
o c-ut\iBR
1X9799 t 10/O5,Pag. m ol 24
pag€ 100 of 163
taE.JEffi$
F, Changss
Notice to or kno\.ledge possessed by any person shall not affect a vraiver or change in any pan ol
this policy or stop us ftom asserting any righG under the Erms ot this policy, nor shall the terms oI
this policy be \aaived or changed, except by endorsement issued to form a part hereot, signed by
an authorized representative o{ the Company.
G. Dulies in the Evont ot an Occurrence, Clsim or Suit
1. You must see to it fiat \^r are nodfed as soon as practicable ot an "occurrence" that may
result in a claim or "suit" under this policy. To the extent possible, notice should include:
a. How, v*ren and vhere the 'occurrence" took place;
b. The names and 8ddresses of 8ny iniured persons and any v\,it'resses; and
c. The nature and location of any iniury or damage arising out o, the "occurrence".
2 ll a claim is made or "suit" is brought agsinst any "lnsured' \,hich is reasonably likely to
involve this policy, you must notify us in witing as soon as practicable on the assumpton that
an "lnsured" is liable ror the damages claimed.
Written notice should be mailed or deli\€red to:
AIG-Letngton
c/o ACPC
P.O. Box 293118
Nashville, TN 3722931 18
Claim reporting information can also be lound on our uebsite, g44d9-!i!-c!9d4s4!9.9.9.99
3. You and any other involved "lnsured" must:
8. lmmediately send us copies oI any demands, notices, summonses or legal papers received
in connsction Vrith the claim or "Suit";
b. Arthorize us to obtain records and other inlormation;
c. Cooperate vrith us in the invesligation, setdement or delense ol the claim or "Suit"; and
d. Assist us, upon our request, in the enlorcement oJ any right against any person or
organization tlat may be liable to the "lnsured" because ol injury or damage to wttich this
insurance may also apply.
4. No "lnsured" \^ill, except at that "lnsured's" owr cost, voluntarily make a payment, assume any
obligation or incur any epense, other than ,or frst aid, v{thout our conssnt.
H. lnspection
We have the right, but are not obligated, to inspect your premises and operations at any tme. Our
inspections are not salety inspectons. They relate only to the insurability of your premises and
operations and the premiums to be charged. We may give you reports on the conditions that u,e
fnd. We may also recommend changes. We do not, holrever, undertake to perform the duty ot
any person or organization to provide for the health or s8ftty of your "employees" or the public.
We do not \/l,arrant the health and salety conditons o{ your premises or operations or represent that
your premises or operations comply \jth lavrs, regulations, codes or standards.
l. Logal Actions Against Us
No person or organization has a right under this policy:
1. To jcin us as a party or otlerv\ise bring us into a "suh' asking ior damages lrom an "lnsured";
or
2 To sue us under this policy unless 8ll of its terms have been fully complied \ ith'
A person or organization may sue us to recover on an agreed s€ttlement or on a final judgment
against an ,'lnsured"; but \ € v\ill not be liable ior damages trat are not payable under this policy or
thlt are in excess ot the applicable limits of insurance o, this policy. An agreed setdoment means
a setdement and release o{ iiability signed by us, the "lnsured" and the claimant or the claimant's
legal representati\€.
13
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1X9799 ( 1006)Pas. 21 ot 24
ffi pag6 101 of 163
J. Maintsnancs ol Schoduled Underlying lnsurance
You agree that during the "policy pedod":
1. You Vr,ill keep "scheduled underllng insurance" in full {orce and efbct;
Z The terms, definitions, conditions and axclusions ol "scheduled underlying insurance" nill not
materially change;
3. The total applicable limits o, "scheduled underlying insurance' \ ill not decrease, excopt lor any
reduction or etraustion ol aggregae limits by payrnent o, damages to \ tlich this policy applios.
4. Any rene\€ls or replacements o{ "scheduled underllng insurance" \ill provide equivslent
coverage to 6nd afford limits of insurance 6qual to or greaEr fian the policy being rene\^€d or
replaced.
lf you fail to comply \ ith hese requirements, v\t v\ill be liable only to tre same exEnt lhat \ €
\^ould have, had you fully complied \ ith these requirements.
K. Other lnsuranco
lI other valid and collectble insurance applies to damages that are also covered by this policy, ftis
oolicy v\ill apply excess oJ the 'other insurance". Ho\ EVer, this provision vrill not apply il the other
insurance is specifcally witEn to b€ excess ot this policy,
L. Premium ond Audit
1. We vrill cornpute all premiums Jor this policy in accordance v\ith our rules and rates.
2 11 the premium for this policy is a frat premium, it is not subiect to adjustment. except that
additional premiums may be required for any addfional etposure and/or "lnsureds", or as
provided br in Condition D Canc€llation. The premium shovn in ltem 5 ol the Declarations as
the Total Advance Premium is a deposit premium only. lf lhe policy is subject to sudit
adiustment, the actJal e4osure base \ ill be used to compute the earned premium. ll the
learned premium is greater than the Advance Premium, the frst Named lnsured vrill pay the
diffurence to us due and payable upon notice. Subject to the Annual Mnimum Premium showt
in ltem 5 of the Declarations, if the earned premium is less than the Total Advsnce Premium,
ue lrill return the difference to tre frst Named lnsured.
3. The 6rst Named lnsured must keep records of the information vr.e need ior premium
computation, and send us copies at such times as \ ,e may request. The first Named lnsured
showt on the Declarations is responsible for fie payment of all premiums and lMll be the payee
for any return premiums \ e pay.
M. Represgntations of Fraud
By accepting this policy, yo'J agree:
1. The stabments in the Declarations are accurab 8nd complete;
2 Those statements are based upon representations you made to us;
3. We have issued this policy in reliance upon your representations; and
4. This policy is void in any case ot {raud by you as it relates to fiis policy or any claim or "suit"
under this policy.
N. Sopatation ot "lns ur6ds "
Except with respect to the limits of insurance o{ this policy and rights or duties specifcally
assigned to the first Named lnsured designated in ltem 1 of the Declarations, this insurance applies:
1. As i{ each "Named lnsured" uere the only "Named Insurod"; and
2 Separately to each "lnsured" against \^hom claim is made or "Suit' is brought.
O. Transfer of Rights ol Recovsry
1. lf any "lnsured" has rights to reco\€r all or part ol any payment M€ have made under ttis
policy, those rights are tansfurred to us. The "lnsured" must do nothing after loss to impsir
these rights and must help us enlorce them.
514
OC,UMBR
1X9799 t 1005)Paso 22 ol 24
ffi page 102 of '163
2 Any recowries will be applied as blloue :
a. Any person or organization, including the "lnsured", that has paid an amount in excess oJ
the applicable limits o, insurance o{ this policy \ ill be reimbursed f rst;
b. We then \ ill be reimbursed up to the amount v\e have paid; and
c. Lasty, any person or organization, including the "lnsured" that has paid an amount over
\ trich this policy is excess is entled to claim the remainder.
Erpenses incurred in the exercise ol rights of recovery v\ill be apportioned among the persons or
organizations, including the "lnsured", in the ratio o{ their respective recoveries as finally setded.
3. lf, prior to the dme of an "occurrence", you and the insurer oJ "scheduled underlying
insurance" \^aive any right ol recovery agsinst a specifc person or organization fror iniury or
damage as required under an "insured conract", rae vr'ill also \,!aive any rights uE may have
against such person oI organization,
P. Transfer ol Your Rights and Duties
Your rights and duties under this policy may not be tsansfurred \ ihout our v\ritten consent,
lf you die or are legally declared bankrupt, your rights and duties v\ill be ransferred to your legal
representative, but only wtrile acdng within the scope of duties as your legal representative.
Ho\,1€ver, notice of cancellation sent to the first "Named lnsured" designated in ltem 1 of $e
Declarations and mailed to the address shovn in this policy \ ill be sufficient notice to effect
cancellation ol this policy.
O. Service of Suit
It is agreed that in the event oI our ,ailure to pay any amount claimed to be due hereunder, \,1€, at
the request ol the "lnsured", \ ill submit jurisdiction of a coun o, competent iurisdiction uithin the
United Ststes. Nothing in this condition constitutes or should be understood to constitute a \6iver
o, our rights to commence an action in any court o{ competent iurisdiction in the United States, to
remove an acton to a United States District Court or to seek a transJer o{ a case to another court
as permitted by the la' s o, t1e united states or of any state in the united stat6s, lt is further
agreed that service of process may be made upon Counsel, Legal Department, Lexington lnsurance
Company, 99 High Street, Boston, MassachusetE 02110, or his or her representative, and that in
any "suit" instituted against us. upon lhis policy, vre will abide by the final decision oI such court or
oJ an appellate court in the e\€nt of an appeal,
Furfier, pursuant to any statute oI any state, terrhory, or district o, he United States '^ftich makes
provision therefor, \ e hereby designaG the Superintendent, Commissioner, Director oI lnsurance,
or other offcer specifed for that purpose in the statute, or his or her successor or successors in
office as our true and lawful attorney upon whom may be served any lawful process in any action,
,'suit,' or proceeding instituted by or on behal{ ol you or any beneficiarY hereunder arising out o{
this contact ot insurance, and hereby designate the Counsel, Legal Department. Lexington
lnsurance Company, gg High Sreet, Boston, Massachusetts 02110, as the person to whom trle
said offcer is aufiorized to mail such process or a true copy thereof.
R. Albitration
Not\ ithstanding Condition O. Service oI Suit, above, in the event of a disagreement as to the
interpretation oJ his policy (except \ith regard to vrtrether fris policy is void or voidable), it is
mutually agreed that such dispute shall be submitEd to binding arbitation before a panel oI three
(3) Arbitrators consisting of tr D (2) pany-nominated (non-impartial) Arbitrators and a trird (impartial)
Arbitrator (hereinalter "umpire") as tho sole and exclusive remedy
The party desiring arbiration of a dispute shall notfy the other party, said notice including the
name, address and occupation of the Albitrator nominated by the demanding party, The otrer party
shall, ',\ithin 3O days lollovring receipt o{ the domand, nodfy in witing lhe demanding pany of the
name, address and occupation of t)e Arbkator nominated by it. The tv\ro (2) arbitators so selected
shall, \,ithin 30 days of the appointrnent ol the second Abitrator, select an umpire. llthe Arbitrators
are una6e to agree upon an umpire, the selection of the umpire shall be submited to the Judicial
Arbitradon and fvbdiation Services (hereinafcr, "JAMS"). The umpire shall be selected in
accordance with Rule 15 (as may be amended tom tjmB to time) ol the JAMS Comprehensive
Arbitration Rules and Procedures Jor the selec6on ol a sole arbitrator.
l5
oc-ut\iBR
LX9?99 ( 1(y05)Page 8 ol 24
ffi page 103 of 163
The panies shall submit their cases to the panel by witten and oral evidence at a hearing time and
place selected by the umpire. Said hearings shall be held \ i1hin 30 days of the selection ot trre
umpire. The panel shall be relieved of all judicial formality, shall not be obligaed to adhere to t)e
strict rules of law or of evidence, shall seek to eniorce the intent ol the panies hgreto and may
refur to, but are not limited to, relevant legal principles. The decision ot at least tuo (2) of the
lhree (3) panel members shall be binding and fnal and not subject to appeal except for grounds of
{raud and gross misconduct by the Arbitrators, The au6rd \^ill be issued vnthin 30 days of the
close o1 the hearings. Each pany shall bear expenses ol its designabd Arbitrabr and shall joindy
and equally share V'ith the other the e&€nse ol the umpire and the arbitraton.
The arbitration proceeding shall take place in the vicinity o, the first Named lnsured's mailing
address as shovr in the Declarations or such other place as may be mutually agreed by the frst
Named lnsured and us. The procedural rules applicable to this arbiration shall, except as provided
other\ ise herein, be in accordance vtith the JAt\tS Comprehensive Arbitration Rules and
Procedures.
lN WTNESS WHEREOF, ue have caused this policy to be e)(ecuted and attested, but this policy lrill
not be valid unless countersigned by one o{ our duly authorized representatives, nhere required by law,
,e,k 4,"R,dt*-
l6
OC.UMBR
1X9799 t 10/05)Paso 24 ot 24
ffi+IT::TiJ:
The following replaces Paragraph A.5,, Transfer ol
Rlghts Ol Recovery Agalnst Othe6 To Us, of the
CONDITIONS Sectionl
5. Transier Of Rights Of Recovery Againsl Oth-
ers To Us
We waive any right of re@very we may have
against any person or organization to the extent
page 104 of 163
required of you by a written contract executed
prior to any "accklent' or "loss", provided that the
'a@ident' or'loos" arises out of the operations
contemplated by such contracl The waiver ap-
plies only to the person or organization desig-
nded in such contract.
Leighlon Group lnc
8A3R7084:)1224:'G
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET WAIVER OF SUBROGATION
This erdorsemeot modifies insurance provided under the follo\,ving
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
O 201 5 I he T r6v6lors lndsmn lty Compeny. All ng hl6 r666r\6d '
lndudss copyflghtod mal€nalol lnsursnco S€rvicss Otlic€,lnc. wh ft p€rml33ion
45t/
cAT340(n15 Page 1 of 1
RiA#.ffi
PROVISIONS
L The following is added to Paragraph A.1.c., Who
ls An lnsured, of SEcTloN ll - CoVERED
AUTOS LIABILITY COVERAGE:
This includes any person or organizalion who you
are required under a written contracl or
agreement between you and that person or
organization, that is signed by you before the
"bodily iniury" or "property damage" occurs and
that is in effecl during the policy period, to name
as an addilional rnsured for Covered Autos
Liability Coverage, but only for damages to which
this insurance applies and only to the edent of
that person's or organization's liability for the
conduct of another "insured"
page 106 of 163
2. The following is added to Paragraph 8.5.. Other
lnsurance of SECTION lV - BUSINESS AUTO
CONDITIONS:
Regardless of the provisions of paragraph a. and
paragraph d. of this part 5. Other lnsurance, this
insurance is primary to and non-contributory with
applicable other irEurance under which en
additional insured person or organizataon is the
first named insured when lhe written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily injury" or "property damage" occurs and
thel is in effect during the policy period, requires
this insurance to be primary and non-contributory.
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL !NSURED - PRIMARY AND
NON.CONTRIBUTORY WITH OTHER INSURANCE
This endorsement modifies insurance provided under the follovring
BUSINESS AUTO COVERAGE FORM
Lsighton Group lnc
BA3B 7084itl 22,13G
45r9
cAr0 74 02 16 Page 1 of 1u 2016 The Travelers lndsmnity company All rights reseNed
lnoludes copyrighted materialof lnsurance Services Oflice, lnc lyith ls permlssron
ffi page 108 of 163
-.TRAVELERSJ WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICYONE TOI{ER SOUARE
EARTPORD CT 06183
ENDORSEMENT WC 99 03 76 ( A) - oo1
POLICY NUMAER: UBl Rsos9812243G
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT . CALIFORNIA
(BLANKET WATVER)
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 pe6on or organization named in the Schedule.
The additional premium for this endorsement shall be 2-00 o/o ofthe California workers' compensation pre-
mium.
Schedule
Person or Organization
ANY PERSON OR ORGANIZATION FOR
AHICS TgE INSIJRED IIAS AGREED
BY VIRITTEN COMTRACT EXECI'TED
PRIOR TO I,OSS TO PI]R}'ISH TSIS
WAIVER.
Job Descrlption
AllOpcrations
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise
stated.
Cfhe information below is required only when this endorsement is issued subsequent to preparation of
the pollcy.)
Endorsement Effecliys 0901/2G2 Policy No. UB1R5099812243G Endorsement No.
lnsured Leighton Group lnc Premium
lnsurance Company
4521
DATE OF ISSUE:ST ASSIGN:
Countersigned by
Page 1 of 1
I