2022/02/14 Leighton Consulting, Inc. (29)page 2 of 163['rPrtILIt.,i{Effi
Cllent#r 1257049 3O5LEIGHGRO
ACORD, CERTIFICATE OF LIABILITY INSURANCE
COVERAGES CEBTIFICATE NUMBEB:BEVISION NUMBER
CEBTIFICATE HOLDEN CANCELLATION
Clty ol Montlee
29714 Haun Road
Menll6e, CA 9258&m0O
SHOULDANY OF THE ABOVE DESCFIBED POLICIES BE CANCELLED BEFOAE
THE EXPIRATIOI{ T}ATE IBEAEOF. I{OTICE WILL BE DEIIVEBED II{
ACCOFDAI{CE WTTH TXE POLICY PBOVISIOI{S,
AUTHOBZEO BEPRESENTAIIVE
)' u-- t'c.'--q5.
12t1U2o22
THIS CEBTIFICATE IS ISSUEO AS A MATTEB OF INFOBMATION ONLY AND CONFEBS NO BIGHTS UPON THE CEBTIFICATE HOLOEF. THIS
CERTIFICATE OOES NOT AFFIBMATIVELY OB NEGATIVELY AMEND, EXTEND OF ALTEB THE COVEBAGE AFFOBDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSUBANCE OOES NOT CONSTITUTE A CONTBACT BETWEEN THE ISSUING INSUBER(S). AUTHORIZEO
FEPBESENTATIVE OR PBODUCER. AND THE CEFTIFICATE HOLOEB.
TMPOFTANT: It tho cortillcate holder ls an ADDITIONAL INSUREO. tho pollcy(ieE) musl hevo ADOITIONAL INSURED provition. or bo ohdorsed
lf SUBBOGATION lS WAIVED, subjoct to tha torms snd condltions ol th. policy. certrln pollciea may roquirr an ondora.ment, A otatemonl on
lhis cortlficale does not conlor eny righte lo lho certiticst€ holdor in lieu of such endorooment(s)
McGrlfl lnsuranco Servlces
'130 Thoory Ste 20O
lrvlne, CA 926'17
714 941-2800
(rc flo, € )
imLEss CartscA @McGrlff .com
IN6UF E F(S} AFFONOING COVEFAGE
L.xlng on lnruranc! Company
Travcl.rs Proprrly Casualty Co ot Amcr
Travclcrs tndcmnlty Co ol CT
19437
2567 4
256a2Letlhton Group lnc
177a1 Cowan St6. 1m
lrvine, CA 92614-6009
rN9ulqLl
TNSUFEF B
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TH.IS IS TO CEFTIFY TI-IIT TUC POLICIES OF INSURANCE LISTED AELOW HAVE BEEN ISSUEO TOTHE INSUFED NAMEDABOVE FOBIHE POLIC/ PENIo0
INDICATED. NOTWITHSTANDING AI*{Y BEOUIBEMENI, TEFIM OR CONDITIONOF ANY CONINACT OB OTI]ER DOCUMENT WITH BESPECT TO WHICH THIS
CERIIFICATE MAY BE ISSUED ON MAY PERTAIN. THE INSUBANCE AFFORDED AY THE POLICIES OESCRIBED HENEIN IS SUBJECT TO ALL THE TERMS
EXCLT,,SIONS AND CONDITIONS OF SIJCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIO CLAIMS,
A
.TYPE OF INSURAI{CE
COMMEFCIAL CENERAL LIABILIIY
".o,u. "oo. !l *"u,
BUPD Ded:$25,0oo
POLICY EFF POLICY EXP(Mrr/001YYY) .(irwoDft YYY)
x 06963440 1 412022 1.1 lO1 12022 EAcH occLipFENcE
DAMAGE TO RENTEODot v st \ rF,r 4cu.r.r\.,
s1,000,000
s50,m0
s Excluded
s1,0OO,000
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PEBSONAL E ADV INJJFY
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GEN! AGGFEGATE LIMI1APPLIES PEF
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AUIOI''BIIE LIAEILITY
Overall Policy
8A387084312243G
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c $n2az2 f lol12@ qcrGrNEDosrNGLE Ll',,'|r
IBOOILY INJUjY lPd Pd@n)
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AIID EMPLOYEFS LIABILIT'I Y/N
AN Y PAOPRIETOR/PAB'TN E B/EXECI]TIVE
OFFICER/MEMAEF EXCLIJOEO2
('...nd.tory h lrH)
D€scFrProN oF oPERATrqls b.row
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ll/a Fr LAc r Acc DLN s1,0m,00O
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$4,00O,00o Aggregate
A 013001524
$1 000 Ded
oEscFtplror.t oF op€FATtor{s / LocAtioNs /v€HcrEs (AcoBo 101, AddlrbMr F.m.d.8.h.dul.. i.y b..[..h.d rl no.. iP.c. r. nqulr.d)
NOTE THE ABOVE CAPTIONED GENEBAL LIABILITY, AUTO LIABILITY AND UMBRELLA LIABILITY POLICIES WERE CANCELLED
EFFECTME 11/1/2022. MCGBIFF IS NO LONGER THE INSUHANCE BROKER ON THE OTHER COVERAGES DISPLAYED ON THIS
CERTIFICATE AS OF'NhNO22, PLEASE CONTACT LEIGHTON DIRECT (NIKHILA SRIBANGPATNA .
srlrangpatna@lolghtqngroup.com) FOR A CURRENT CERTIFICATE OF INSURANCE. THIS CERTIFICATES REPL^CES AND
SUPERSEDES ANY PNEVIOUSLY ISSUED CERTIFICATE.
(See Attached Descrlptlons)
4415
ACORO 25 (2016/03) 1ot2*s31227 42tM31204297
O l900-2015 ACORO COHPOBATION, All rlghtr r...rvod
The ACOBO name !nd logo rra raglEtcred markr ol ACOBD
SYl
I
0065463't 8
ffi page 3 of 163
DESCRIPTIONS (Continued from Page 1)
Certilicate is sublsct to policy limits, condltlons and excluslons.
Re: Prol #11O51.0O7 PMP 2G02: Ouail Valley Street Rosurtaclng Prolect, Monll€e. Clty ol Monllee and lts
oflicels, employees, agsnts, and aulhorlzed volunleors are lnclud€d as sddltlonal insured as respects lo
Gensral Llablllty and Commerclal Auto coverages as roquired by wttten Contracl, General Llablllty and Auto
Llablllty coverages are prlmqry and noncontrlbutory as requlred by wrltton contract. Walver ol Subrogallon
13 included wtth r€spect Gsneral Llabiltty, Aufo Liablllty, Workers Compsnsalion as requlred by wrltten
cor ract. Umbrella Llablllty ls lollow lorm sublect to pollcy lorms, terms, condltlons, excluslons and
endorsemonta, 9GDay Notlca of Canc€llatlon, Except tor l GDays lor Nonpayment ot Promium appliqs to General
Llablllty as roqulred by wrttten contract.
4416
SAGITTA 2s.3 (2016/03) 2 ol2
*s312275/AM3120{257
F5;II.$ffi
Leighlon Group lnc
8A387084312243G
BUSINESS AUTO COVERAGE FORM
page 4 of 163
COMMERCIAL AUTO
cA 00 01 1013
SECTION I - COVERED AUTOS
Item Two of the Declaralions shows the "autos" that
are covered "autos'for each of your coverages. The
following numerical symbols describe the "aulos' that
may be covered "autos". The symbols entered next to
a coverage on lhe Declarations designate the only
"autos" that are covered "autos".
A. Descriptlon Of Covered Auto Deslgnatlon
Symbols
Various provisions in this policy restrict coverage.
Read the entire policy carefully to determine rights,
duties and what is and is not covered.
Throughout this policy the words "you" and "your"
refer to the Named lnsured shown in the Oeclarations.
The words "we", "us' and 'our" refer to the company
providing this insurance.
Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V -
Definilions.
Symbol Descriptlon Of Covered Auto Oesignation SymlolC
1 Any "Auto'
2 Only those 'autos" you own (and for Covered Autos Liability Coverage any
"lrailers" you don't own lvhile attached to power units you own). This includes
those "autos' you acquire ownership of afler the policy begins.
Owned "Autos"
Only
3 Only the private passenger "autos' you own. This includes those Private
passenger 'autos" you acquire ownership of affer the policy begins.
Owned Privale
Passenger
"Autos" Only
4 Only those "autos" you own that are not of the private passenger type (and for
Covered Autos Liability Coverage any "trailers" you don't own while attached to
power units you own). This includes those "autos" not of the private passenger
type you acquire ownership ol afler the policy begins.
Owned
"Autos" Other
Than Privale
Passenger
'Autos" only
Only those "autos'you own that are required to have no-fault benefits in the state
where lhey are licensed or principally garaged. This includes those "autos'you
acquire ownership ol afler the policy begins provided they are required to have no-
fault benefits in the stale where they are licensed or prrncipally garaged.
Owred 'Autos'
Subject To
No-tault
6 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 stale uninsured motorists
requirement
Owned "Autos'
Subject To A
Compulsory
Uninsured
Motorists Law
7 Only those 'autos' described in ltem Three of the Oeclaralions for which a
premium charge is sho/vn (and for Covered Autos Liability Coverage any 'trailers'
you don't own while attached to r unit described in ltem Three)
Specifically
Described
"Autos'
8 Only those "autos' you lease, hare, rent or borrow. This does not include any "auto"
you lease, hire, renl or borrow ,rom 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
4411
ca 00 01 10 13 O lnsurance Services Office, lnc., 2011 Paqe 1 of I2
F#gfffi
B. owned Autos You Acqulre After The Policy
Beglns
'1. lf Symbols 1,2,3,4,5, 6 or 19 are entered
next to a coverage in ltem Two of the
Declarations, then you have coverage for
"autos" lhat 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 thal coverage or il replaces an "auto'you previously owned that had that
coverage; and
b. You tell us within 30 days after you acquireit that you want us to cover it for that
coverage.
C. Certain Trallers, Mobile Equlpment And
Temporary Substitute Autos
lf Covered Autos Liability Coverage is provided by
this Coverage Form, the following types of
vehicles are also covered "aulos" for Covered
Autos Liability Coverage:
1. 'Trailers" with a load capacity of 2,000 pounds
or less designed primarily 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
out of service because of rts:
Breakdown:
Repair;
Servicing;
"Loss"l or
Deslruction.
pags 5 of 163
SECTION II- COVERED AUTOS LIABILITY
COVERAGE
A. Coverage
We will pay all sums an "insured" legally musl 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 will also pay all sums an "insured. legally must
pay as a "covered pollution cosl 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 inlury" 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 "suil"
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 ofJUdgments or settlements.
1 . 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:
(1) 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 "trailef connecled to
a covered "auto" you own.
a
b
c
d
e
19 Mobile
Equipment
Subject To
Compulsory Or
Financial
Responsibility
Or Olher Motor
Vehicle
lnsurance Law
Only
Only those "autos" that are land vehicles and that would qualili under the definition
of "mobile equipment" under this policy if lhey were not subject to a compulsory or
financial responsibility law or other motor vehicle insurance law where they are
licensed or principally garaged.
4418
Page 2 ol 12 O lnsurance Services Office, lnc., 2011 cA0001 10'13
lt12,{tp.#s
(2) Your "employee" if the covered "auto" 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
stonng "autos" unless that busrness is
yours.
(4) Anyone other than yc{]r '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 lo 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.
page 6 of 163
These payments will not reduce the Limit of
lnsurance.
b. Out-of-stateCoverag6Ext€n8lons
Vvhile a covered 'auto' is away from the
state where it is licensed, we will:
('l) lncrease the Limit of lnsurance for
Covered Autos Liability Coverage to
meet the limits specif ed by a
compulsory or fnancial responsibility
law of the jurisdiction where the covered
"auto" is being used. This extension
does not apply to the limit or limits
specified by any law governing molor
carriers of passengers or property.
(2) Provide the minimum amounls and
types of other coverages, such as no-
fault, required of oul-of-state vehicles by
the jurisdiction where the covered "auto"
is being used.
We will not pay anyone more lhan once for
the same elements of loss because of
these extensions.
B. Excluslons
This insurance does nol apply to any of the
following:
1. Expocted Or lntended lnlury
"Bodily injury" or'properly damage' expectedor intended trom 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 contract or agreement that is
an "insured contract", provided the "bodily
inJury" or "property damage" occurs
subsequent to the execution of the contract
or agreemenl; or
b. That the "insured" would have in the
absence of the contract or agreement.
3. Wolkora' Compenaatlon
Any obligation for which the'insured'or the
"insured's" insurer may be held liable under
any workers' compensation, disability benetits
or unemployment compensation law or any
similar law.
c. Anyone liable for the conduct
"insured" descflbed above but only
exlent of that liability.
2. Coverage Extonalons
a. Supplamentary Payments
We will pay for the 'insured':
(1) All expenses we incur.
of an
to the
(2) Up to $2,000 for cost of bail bonds
(including bonds for related tratfrc law
violations) reguired because of an
"accident" we cover. We do not have to
furnish these bonds.
(3) The cosl of bonds to release
attachments in any "suit" against the
'insured' we defend, but only for bond
amounts within our Limil of lnsurance.
(4) All reasonable expenses incurred by the
"insured'at our request, including actual
loss of earnings up to $250 a day
because of time off from work.
(5) All court costs taxed against the
"insured" an any "suit" against the
'insured' we defend. However, these
payments do not include attorneys' fees
or attomeys' expenses taxed againsl the
"insured".
(6) All interest on the full amount of any
judgment that accrues afier entry of the
judgment in any "suit" agEinst the
'insured' we defend. but orr duty to pay
interest ends lvhen we have paid,
offered to pay or deposited in court the
part of the judgment that is within our
Limil of lnsurance.
44r9
cA 00 0l 10 13 O lnsurance Services Office, lnc., 201 i Page3of12
Eil4t
ffitt
4. Employee lndemnlflcation And Employor's
Liab lllty
"Bodily injury" to:
a. An 'employee" of the 'insured" arising out
of and in the course of:
(1) 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:
(1) 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
inlury" to domestic "employees" not entitled to
workers' compensation benefits or to liability
assumed by the "insured" under an "insured
contract". For lhe purposes of the Coverage
Form, a domestic 'employee" is a person
engaged in household or domestic work
performed principally in connec{ion with a
residence premises.
5. Fellow Employee
"Bodily injury' to:
a. Any fellow 'employee' of the "insured'
arising out of and in the course of the fellow
"employee's" empioyment or while
performing duties related to the conduct of
your business; or
b. The spouse, child, parent, brother or sisler
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 sidetrack agreement.
7. Handllng Of Property
"Bodily injury" or "property damage" resulting
from the handling of property:
a. Before it is moved from the place where it is
accepted by the "insured' for movement
into or onto the covered "auto"; or
pago 7 of 163
b. Afler it is moved from the covered "auto" to
the place where it is finally delivered by the
"insured".
8. Movsment Of Proporty By Mechanlcal
Devlce
"Bodily inlury" or "property damage" resulting
from the movement of property by a
mechanical device (other than a hand truck)
unless the device is attached to the covered
'auto".
9. Operatlons
"Bodily injury" or "properly damage" arising out
of the operation of:
a. Any equipment listed in Paragraphs 6.b.
and 6.c. of the defnition of "mobile
equipment'; or
b. Machinery or equipment that is on, attached
to or part of a land vehicle that would
qualify under the definition of "mobile
equipment' if it were not subiect to a
compulsory or financial responsibility law or
other molor vehicle insurance law where it
is licensed or principally garaged.
10. Completsd Operatlons
"Bodily injury' or "property damage" arising outof your work afler lhat 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 operations.
Your work includes warranties or
representations made at any time with respect
to the fitness. qualrty, durability or performance
of any of the items included in Paragraph a. or
b. above.
Your work will be deemed completed at the
eadiest of lhe following times:
(1) When all of the work called for in your
contract has been comPleted;
(2) When all of the work to be done at the
site has been completed if your contracl
calls for work at more lhan one site; or
(3) When that part of the work done at a job
site has been put to its intended use by
any person or organization other than
another contractor or subcontractor
working on the same Pro.iect.
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Page 4 ot 12 @ lnsurance Services Office, lnc., 20'11 ca 00 01 10 13
titE+
ffiH
Work that may need service, maintenance,
correction, repair or replacement, but which is
otherwise complete, will be treated as
completed.
11. 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) Otherwise an the course of transit by or
on behalf of the'insurd"; or
(3) Being stored, disposed of, treated or
processed in or upon the covered
"auto":
b. Before the .pollutants" or any properly in
which the 'pollulants" are contained are
moved from the piace where they are
accepted by the "insured" for movement
into or onto lhe covered "auto"i or
c. After 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".
Paragraph a. above does not apply lo fuels,
lubricants, fluids, exhaust gases or other
similar "pollutants. thal 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" parl designed by
its manufacturer to hold, store, receive
or dispose of such "pollutanls"; and
(2) The "bodily injury'', "property damage" or
"covered pollution cost or expense"
does not arise out of the operation ot
any equipment listed in Paragraphs 6.b.
and 6.c. ol the definition of "mobile
equipment".
page I of 163
Paragraphs b. and c. above of this exclusion
do not apply to "accidents" that occur away
from premises owned by or rented to an
"insured" wilh 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 "aulo": and
(b) The discharge, dispersal, seepage,
migration, release or escape of the"pollutants" is caused directly by
such uPset, overlurn or damage.
12. War
"Bodily injury" or "property damage" arising
directly or indirectly oul of:
a. War, including undeclared or civil war;
b. Warlike action by a military force, including
action in hindering or defending against anaclual or expected attack, by any
government, sovereign or other authority
using military personnel or other agents; or
c. lnsurrection, rebellion, revolution, usurped
power or action taken by governmental
authority in hindering or defending against
any of these.
13. Raclng
covered "autos'while used in any professional
or organized racing or demolilion conlest or
stunting activity, or while practicing for such
contest or activity. This insurance also does
nol apply while that covered "auto" is being
prepard for such a contest or activity.
C. Llmlt Of lnsurance
Regardless of the number of covered "autos",
"insureds', premiums paid, claims made or
vehicles involved in the "accident", the most we
will pay for the total ot all damages and 'covered
pollution cosl or expense" combined resulting from
any one 'accident" is the Limit Of lnsurance for
Covered Aulos Liability Coverage shown in the
Declarations.
4421
cA 00 01 l0 13 @ lnsurance Services Office, lnc., 20'l l Page5of12
Si,iJE
ffiE
All 'bodily injury", "property damage" and "covered
pollution cost or expense" resulting from
continuous or repeated exposure lo substantiallylhe same conditions will be considered as
resulting from one 'accident'.
No one will be entitled 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 Molorists
Coverage endorsement attached to this Coverage
Parl.
SECTION III - PHYSICAL DAMAGE COVERAGE
A. Coverage
1. We will pay for "loss" to a covered "auto" or its
equipment under:
a. Comprehenslve Covsrage
From any cause except:
(l) The covered "auto's' collision with
another object; or
(2) The covered "auto's" overturn.
b. Specified cause3 Of Loss Coverage
Caused by:
(1) Fire, lightning or explosion;
(2) Thefl;
(3 Windstorm, hail or earthquake;
Flood;
Mischief or vandalism: or
The sinking, burning, collision or
derailment of any conveyance
(4
(6
transporting the covered "auto".
c. Colllslon Cov6rago
Caused by:
(1) The covered "autos' collision with
another object; or
(2) The covered 'autos" overturn.
2. Towlng
We will pay up to the limit shown in the
Declarations for towing and labor costs
incurred each time a covered 'auto' of the
private passenger type is disabled. However,
the labor must be performed at the place of
disablement.
page 9 ol 163
3. Glass Breakage - Hlttlng A Blrd Or Anlmal -Falllng Oblects Or Mlsslls8
lf you carry Comprehensive Coverage for lhe
damaged covered "aulo", we will pay for the
following under Comprehensive coverage:
a. Glass breakage;
b. "Loss' caused by hitting a bird or animali
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. coverage Extenslon8
a. Tranaportatlon Exp6nses
We will pay up to $20 per day, to a
maximum of $600, for temporary
transporlation expense incurred by you
because of the total theft of a covered
"auto' of the private passenger type. We
will pay only for those covered "autos" for
which you carry either Comprehensive or
Specified Causes Of Loss Coverage. Wewill pay for temporary transportation
expenses incurred duflng the period
beginning 48 hours afler the thefr and
ending, regardless of the policy's expiration,
when the covered "auto" is returned to use
or we PaY for its "loss".
b. Loss Of Use Expenaea
For Hired Auto Physical Oamage, 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 renlal contract or
agreement. We will pay for loss of use
expenses if caused by:
(1) Other than collision only il theDeclarations indicates that
Comprehensive Coverage is provided
for any covered "auto";
(2) Specified Causes Of Loss only il the
Declarations indicates that Specifred
Causes Of Loss Coverage is provided
for any covered "auto"; or
44??
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(3) Collision only if the Declarations
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 the'loss".
a. Nuclear Hazard
(1 ) The explosion of any weapon employing
atomic tission or fusion; or
(2) Nuclear reaction or radiation, or
radioaclive 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 govemment, sovereign or
other authority using military personnel
or other agents; or
(3)lnsurrection, rebellion, revolulion,
usurped power or action taken bY
governmental authority in 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 contesl or stunting activity,
or while practicing for such conlest or activity.
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 damag€
to tires.
This exclusion does nol apply to such "loss'
resulting from the total thefl 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 data electronic devices designed
for use wilh audio, visual or data electronic
equipment.
page 10 of '163
b. Any device designed or used to detect
speed-measuring equipment, such as radaror laser detectors, and any jamming
apparatus intended to elude or disrupt
speed-measuring equipment.
c. Any electronic equipment, without regard lo
whether this equipment is permanently
rnstalled, that reproduces, recerves 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 not apply to
equipment designed lo 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 fom a housing unit which is
permanently installed in or upon the
covered "auto":
c. An integral parl of the same unit housing
any eleclronic equrpment descrabed in
Paragraphs a. and b. above; or
d. Necessary for the normal operation of the
covered "auto" or the monitoring of the
covered "auto's" operating system.
6. We will not pay for'loss" lo a covered "auto"
due to "dimrnulion in value"
C. Limlt8 Of lnsurance
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 qualily.
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:
(1) Permanently installed in or upon the
covered "auto" in a housing, opening or
other location that is not normally usedby the "auto" manufacturer for the
installation of such equipmentl
cA0001 t0'13 @ lnsurance Services Office, lnc., 2011 Paga 7 ol 12
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(2) Removable from a permanently installed
housing unit as described in Paragraph
b.(1) above; or
(3) An integral parl of such equipmenl as
described in Paragraphs b.(1) and b.(2)
above.
2. An adjustment for depreciation and physical
condition will be made rn determining actual
cash value in lhe event of a total 'loss'.
3. lf a repair or replacement results in better than
like kind or quality, we will not pay for the
amount of the betterment.
O. Oeductlble
For each covered "auto", our obligation to pay for,
repair, relurn 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
frre or lightning.
SECTION IV - BUSINESS AIJTO CONDITIONS
The following conditions apply in addition to the
Common Policy Conditions:
A. LosE Condltions
1. Appralsal For Physlcal Oamage Loss
lf you and we disagree on the amount of 'loss",
either may demand an appraisal of the 'loss'.
ln this event, each party will select a competent
appraiser. The two appraisers will select a
competent and impartial umpire. The
appraisers will state separately the actual cash
value and amount of'loss'. lf they fail to agree,
they will submit their differences to the umpire.A decjsion agre€d to by any two will be
binding. Each party will:
a. Pay its chosen appraiser; and
b. Bear the other expenses of the appraisal
and umpire equally.
If we submit to an appraisal, we will still retain
our right to deny the claim.
2. Dutles ln The Event Of Accldent, Clalm, Sult
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:
(l) How, when and where the "accident" or
"loss" occurred:
pago 11 of '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 consent, except at the "insured's"
own cost.
(2) lmmediately send us copies of anyrequest, demand, order, notice,
summons or legal paper received
concerning lhe claim or "suit".
(3) Cooperate with us in the investigation or
settlement of the claim or defense
against lhe "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 ofren as
we reasonably require.
c. lf there is "loss' to a covered 'auto" or its
equipment, you must also do the following:
(1) Promptly notiry 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
consideration 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 until:
a. There has been full cornpliance 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 byjudgment after trial. No one has the right
under lhis poiicy to bring us into an action
to determine the "insured's" liability.
4421
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4. LosB Payment - Physlcal Damage
C ovora ges
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" from the theft; or
c. Take all or any part of the damaged or
stolen property al an agreed or appraised
value.
lf we pay for the "loss", our payment will
include the applicable sales tax for the
damaged or stolen property.
5. Transfer Of Rlghts Of Rocovery Agalnst
Others To UB
lf any person or organazation 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 nolhing afler
"accident" or "loss" to imparr them.
B. General Condltlon3
1. Bankruptcy
Bankruptcy or insolvency of lhe 'insured' or the
"insured's" estate will not relieve us of any
obligations under this Coverage Form.
2. Concealment, Mlsropresentatlon Or Fraud
This Coverage Form is void in any case of
fraud by you at any time as it relates to this
Coverage Form. lt is also void if you or any
other "insured", at any time, intentionally
conceals or misrepresents a material fact
concern ing:
a. This Coverage Form;
b. The covered "auto":
c. Your interest in the covered "auto';or
d. A claim under this Coverage Form.
3. Llberallzatlon
lf we revise this Coverage Form to provide
more coverage without additional premium
charge, your policy will automalically provide
the additional coverage as of the day the
revision is effective in your state.
4. No Boneflt To Ballee - Physlcal Oamago
Coverages
We will not recognize any assignment or grant
any coverage for the benefit of any person or
organization holding, storing or transporling
properly for a fee regardless of any other
provision of this Coverage Form.
page 12 of 163
5. Othsr lnsurance
a. For any covered 'auto" you own, lhis
Coverage Form provides primary
insurance. For any covered "auto" you don'l
own, the insurance provided by this
Coverage Form rs excess over any other
collectible insurance. However, while a
covered 'auto' which is a "trailer. is
connected to another vehicle, the Covered
Autos Liability Coverage this Coverage
Form provides for the "trailer" is:
(1) Excess while it is connected to a motor
vehicle you do not own;or
(2) Primary while it is connected to a
covered "auto" you own.
b. For Hired Auto 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 basrs, 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 the total of the
limits of all the Coverage Forms and
policies covering on the same basis.
6. Premlum Audlt
a. The estimated premium for this Coverage
Form is based on the exPosures you told us
you would have when this poiicy began. We
will compute the final premium due when
we determine your actual exposures. The
estimated total premium will be credited
against the final premium due and the first
Named lnsured will be billed for the
balance, if any. The due date for lhe fnal
premium 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 first Named lnsured
will get a retund.
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.
442 5
cA 00 01 10 t3 O lnsurance Services Office, lnc., 20'1 1 Page 9 of 12
Esi4t}l{1tffiFtI*]*;
7. Pollcy Perlod, Covsrage Terrltory
Under this Coverage Form, we cover
"accrdenls- and "losses- occurfl ng:
a. During the policy period shown in the
Declarationsi and
b. Within the coverage territory.
The coverage terntory is:
(1 ) The United States of America;
(2) The territories and possessions of the
Unrled States of Americai
(3) Puerto Rico;
(4) Canada; and
(5) Anywhere in the world if a covered
'auto' of the private passenger type is
leased, hired, renled or borrowed
without a driver for a period of 30 days
or less.
provided that the "insured's' responsibility to
pay damages is determined in a "suit" on the
merils, in the United States of America, the
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 betwe€n any of these places.
8. Two Or More Covorage Forms Or Pollcles
lssued By U8
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
"accident", the aggregate maximum Limit of
lnsurance under all the Coverage Forms or
polrcies 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 specifcally lo 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
pago 13 of 163
2. Any other land vehicle that is subject to a
compulsory or llnancial responsibility law or
other mclor vehicle insurance law where it is
licensed or principally garaged.
However, "auto" does not include 'mobile
equrpment".
C. "Bodily injury" means bodily injury, sickness or
disease sustained by a person, including death
resulting from any of these.
D. "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 effects of,
"pollutants"; or
2. Any claim or 'suit' by or on behall of a
governmental authority for damages becauseof testing for, monitoring, cleaning up,
removing, containing, treating, detoxifying or
neutralizing, or in any way responding to, or
assessing the effects of, "pollutants".
.Covered pollution cost or expense" does not
include any cost or expense arising out of the
actual, alleged or threatened dascharge, dtspersal,
seepage, migration, release or escape of
"pollutants":
a. Thal are, or that are contained in any
property that is:
(1) Being transporled or towed by, handled
or handled for movement into. onto or
from the covered "auto':
(2) Otherwise in the course of transit by or
on behalf of the'insurd": or
(3) Being stored, disposed of, treated orprocessed in or upon the covered
"auto";
b. Before the "pollutants" or any properly in
which the 'pollutants" are contained are
moved from the place where they are
accepted by the "insured" for movement
into or onto the 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".
M2f,
Page l0 ot 1 2 @ lnsurance Services Otfice, lnc., 20'l l cA 00 01 1013
Paragraph a. above does not apply to tuels,
lubricants, lluids, 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", 'property 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 'pollutanls" are contained
are upset, overturned or damaged as
a result of lhe 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 ot 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
workef.
G. "lnsured" means any person or organization
qualifying 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
"suat" is brought.
H. "lnsured contracl" means:
1. A lease of premises;
2. A sidekack agreement;
3. Any easement or license agre€ment, except in
connection with construction or demolition
operations on or within 50 feet of a railroadi
4. An obligation, as required by ordinance, to
indemnify a municipality, except in connection
with work for a municipality;
page 14 of 163
5. That part of any other contracl or agreement
pertaining to your business (including an
indemnification of a municipality in connection
with 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 conlract or agreement; or
6. That part of any contract or agreement entered
inlo, 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 agreement:
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 perlains to lhe loan, lease or rental ofan "auto' lo 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 ot 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
woker" 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 equipmenl:
1. Bulldozers, farm machinery, forklilts and other
vehicles designed for use principally ofi public
roads:
2. Vehicles maintained for use solely on or next to
premises you own or rent;
3. Vehicles that travel on crawler treads;
cA 00 01 1013 o lnsurance Services Office, lnc., 2011 Pag€ '11 of 12
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442 t
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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 wellservicing equipmenl; 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 transportation of persons or
cargo. However, self-propelled vehicles with
the following types of permanently attached
equrpment are not "mobile equipment" but will
be considered "autos":
a. Equipment designed primarily tor:
(1) Snow removal;
(2) Road maintenance, but not construction
or resurfacing: or
(3) Skeet 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 generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
or well-servicing equipment.
page 15 of 163
However, "mobile equipment" does not include
land vehicles that are subject to a compulsory or
financial 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 or other motor vehicle
insurance law are considered "autos'.
L. "Pollutants' means any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Wasle includes malerials to be rocycled,
recondilioned 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 cosl or expense";
to which this insurance applies, are alleged.
'Suil'includes:
a. An arbitration proceeding in which such
damages or "covered Pollution co6ts or
expenses" are claamed and to which the
"insured" must submit or does submit with
our consent: or
b. Any other altemative dispute resolution
proceeding in which such damages or
'covered pollution costs or expenses" are
claimed and to which the insured submits
with our consent.
O.'Temporary workea' 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. "Trailef includes semitrailer.
4428
Page 12 ol 'l.2 o lnsurance Services Office, lnc.. 201'l cA0001 1013
page 16 of 163['/2e!E!!l+ttH;le
EN DORSE MENT
o2/14,2022This ondorsomont, offBctivs 12:01 AM
Forms a part of policy no.: 066'6344o
lssued to: Leiglton Group lnc
By: LEXINGTON INSURANCE COMPANY
ADDITIONAL INSURED - OWNERS. LESSEES OR
CONTRACTOBS. COMPLETED OPERATIONS
lBased on C G2037 04/13)
This endors€menl modilies insurance providod by the follo\/!in0:
COMMERCIAL GENEBAL LIABILITY POLICY
SCHEDULE
Name of Additional lnsurod Personlsl Localion ol Completed Operations
or Organization{s}
AS REqJIRED BY WRITTEN CONIRACT
Information roquired to complete this schedule, il not shovm above, v\.ill be shovn in the Dcclsralions
A. Saction ll - Who ls An lnsuled is amcnded to inc[rde as an additional instrrcd the porsonls) or
organizationls) shot,n in fie SchedrJie, but only with respect to liability lor 'bodily iniury', or
"propcrty damage" caused, in vuhole or in part, by "your vlrrk' at the locstion designEted and
.lescribed in the Schedrrle of this endorsement perlormed tor thst additional insrrred and inclutded in
the'products-completed operations hazard'.
1, The insurancc slforded to such addirlonal insrrred only applies to the e)(6nt permittod by l8W
and
2. It coverage providcd to the Edditionsl insrrrcd is roquired by a contacl or agreement. lhe
insrrrance attorded to such sdditional insrtred will not he broader than thal \/\hich you are
required bv the contract or agreement to provide ,or such additional insurod'
B. Wirh respect to the insurance aftorded to these additional insrrreds, the lollo\riing is added lo
S6cdon lll - Limits Of lnsur!ncs:
ll coverage providcd to the addirional insured is required by a contract or agreement, lhe most vle
will pay on behalt ol the addifional instJred is the amount ot insurance:
Offics3 lnc. with its p€.mbsion All R ights Res€rv€d
4429
E#{i
EJEE
pags 17 ot 163
l. Flequted by the contract or ag.eement or
2. Available rrndar the applicable Limits oI lnsurancc shovtn in the Declarations;
whichever is less.
This ondorsement shall not increase the applicable Limits oI lnsrrrancc shovn in the Declarations
Al other terms and conditions oI the policy remain the same
z,-*,I@uil>
4430
Authorizsd Rspt6sentative
L X43',]ti i()6/14)lncluc|€s Copyriglr6d lntormation of tll€ lrBuranc€ SorvicesOtfc6s, lnc, vith it6 p€rmitsion All Rbh$ na66rv€d
Plg€ Z oI Z
page 18 of 163*ri4!ffi
ENDORSEMENT
This endoisom€nt, offective 12iO1 AM oz14no22
Forms r p.rt of policy no.: 066,163440
lssu6d to: Lsighlon Group lnc
By: LEX I NGTON I NSURAT{CE @}IPAXY
PR IMARYiNON CONTRIBUTORY E NDORSE MENT
This endorsemonl modifies insrrrance provided by the policy:
NotlUthstanding any olher provision of lhe polEy to the cont ary, the instrrance aflorded by rhis policv
for the benelit of the Additional lnsured shsll be primary insurance, but only with respect to any claim,
loss or liability arising out o, the Nsmed lnsured's operations; and any insurance maintained by the
Additional lnsLrred shall be non -contributing.
Al other terms and conditions oI the policy remsin the same.
Au thorized R epr6s6ntativ€ OR
Count€rsign.turo (ln sbt€s where applicablel
4431
tx9838 {0€05r
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page 20 of 163
ENDORSEMENT
Thls 6ndors6mont. offeclivc 12iO1 AM g2/148@2
Forms ! palt of policy no.: 0654t'344o
lssued to: Loighton GrouP lnc
By: LEX INGTON INSURANCE COI'IPANY
Al other terms and condilions remain rrnchanged
WAIVE R OF SUB ROGATION
IBLANKETI
h is agreed thst v,e, in the event ol a psyment under this policv, \?r/Eive our right ol stlhrogation against
,ny pJr"on or organization tlhere the insured has !!ai\€d liability o' such person or orqanization as pan
ol a wiften contrectual egreement between lhe instlred and strch porson or orgenizstion cntered into
prior to the "occurrence'or oflense.
Aulhoiizod Reprgsenttlive OR
Countorsignaturo (ln statEs whore applicab16)
4433
tExocc 234 {'11031
LXO4A5
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page 22 of 163tirii.#
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ENDORSEMENT
o2/14t2022This endors6m6nt, eftoctive 12:01 AM
Forms ! psat of policy ns.; 06646s44o
l6sued lo: Leaghlon Group lnc
Byr LEXI NGTOi,l I NSURANCE COI'IPANY
CANCELLATION AMENDMENT
ln consideraion ol the premirrm charged, ii is he.eby agreed that lhe cancellation provision is amended
to 90 days in lierr ol (30) days, excepl lor non-payment o, premium which remains (10) dsys.
Al other terms and conditions remain unchanged.
trTz--'
Authorizod Reprssenrr 6v6 OR
Countersignatu16 (ln stabs where applicablol
4435
LX95a6 rO2m3r
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Leighton Group lnc
POLICYNUMBER: 06s463440
A. Ssction ll - Who ls An lnsured is amended to
include as an insured lhe person or organization
shovn in the Schedule, but only \ith respect to
liability arising out ot your ongoing operations
performed for that insured.
8. Wth respect to the insurance altord€d to thes€
additional insureds, the bllorrring exclusion is
added:
2 E xclusions
This insurance does not apply to "bodily in-
jury" or "property damage" occurring alter:
ADDTIONAL IIUSI..RED - CNATERS, LESSEES OR
CCTVIHACTORS - SO+U..I.ED PERSCT\I OR
ORGAIZANON
page 24 of 163
(1) All vrork, including materials, parts or
equipment furnished in connection \ itr
such vvork, on the project (other fian
service, maintenance or repairs) to be
performed by or on behall of the additional
insured(s) at the site of the covered
operatons has been compleEd; or
(a That ponion ol'your \ork" out oJ \ trich
the injury or damage arises has been put
to its intended use by any person or
organization other than another contractor
or subcontractor engaged in perlorming
operations for a principal as a part ol the
same project.
ENDORSEMENT COMMERCIAL GENE RAL LIABILITY
cG 20 10 10 01
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifes insurance provided under the {ollovring:
COMMERCIAL GENERAT LIABILITY COVTRAGE PABT
SCHEDULE
Namo of Poison or Organizalion:
AS REOUIRED BY WRITTEN CONTRACT
(1, no enuy appears abo\€, information required to complete this endo{sement nill be shovfl in the Declarations
as spplicable to this endorsement.)
31
cG 20 10 10 01
L X9d)5
o ISO Properlies, lnc., 2000 Page 1of1 tr
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page 26 of 163
Leighton Group lnc 006546318
LEXNGTON INSURANCE COMPANY
Administrative Offices; 99 High Stre€t, Boston, Msssschus€tts 02110
Commercisl Umbrella Liability Policy
Occurrence Form
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights,
duties and \ hat is and is not covered.
Throughout this policy the 'aords "you" and "your" refur to the "Named lnsured" show't in the
Declarations and any olher person or organization qualilying as an "lnsured" under this policy, The
raords "vw," "us" and "our" rebr to the company providing this insurance.
Words that appear in quotation marks have special meaning. Refur to SECTION V - DEFINITIONS.
SECTION I - INSURING AGREEMENT . COMMERCIAT UMERELLA LIABILITY
A. We rnill pay on behalt o, the "lnsured" those sums in excess o, the "Betained Arnount" that the
"lnsured" becomes legally obligated to pay as damages because of "bodily injury", "property
damage", or "personal and advenising injury" to wtrich this insurance applies. The amount \E \,ill
pay is limited as described in SECTION lV - LIMITS OF INSURANCE.
No other obligation or liability to pay sums or perlorm acts or services is covered unless e)plicitly
provided for under SECTION ll - DEFENSE AIID SUPPLEMENTARY PAYMENTS.
B. This policy applies, only if
1. The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the
"coverage territory"; and
2 The "bodily iniury" or "property damage" occurs during the "policy period";
3. The "personal and advertising iniury" is caused by oflense arising out of your business, but
only il the ol{ense vras committed in tre "coverage territory" during the 'policy period"; and
rt Prior to the "policy period", no "lnsured" shovnn in Paragraph J.2.a. ol SECTION V -
DEFINITIONS and, no officer, no manager in your risk management, insurance or legal
departrnent and no "employee" wtro ,aas authorized by you to give or receive notice oJ an
"occurrenc€", offense, claim or "suit", knew tlat the "bodily injury" or "property damage" had
occurred, in v\hole or in pan, or that an "occurrence" had been committed ttat caused "personal
and advenising injury". lf such an "lnsured", offcer, manager or authorized "employee" knew
prior to the "policy period", that the "bodily injury" or 'propeG/ damage" had occurred or that an
"occurrence" had been committ8d that caused "personal and advertising injury", then any
continuation, change or resumption ol such "bodily injury", "property damage" or "personal and
advertising iniury" during or after the "policy period" v\ill be deemed to have been knov'n prior to
t]e "policy period'.
C. "Bodily injury", "propeny damage", or "personal and advertising injury' ultich occurs during the
"policy period" and was not, prior to the "policy period", knovtrr to have occurred by any "lnsured"
shovrr in Paragraph J,2.a. oISECTION V- DEFINITIONS or any offcer, any manager in your risk
management, insurance or legal departnent or any "employee" authorized by you to give or
receive notice of an "occurrence", ollense, clsim or "suit", includes any continuation, change or
resumption ol that "bodily injury', "property damage", or "personal and advenising injury" after
the end of tre "policy period".
D. "Bodily injury", "property damage" or "personal and adv€rtising injury" r,rill be deemed to have
been knowr to have occurred at the earliest time vrhen any "lnsured" sho,,wt under Paragraph
J.2.a. o, SECTION V. DEFINITIONS, any officer, any manager in your risk management, insurance
or legal departrn€nt or any "employee" \ ho v\B authorized by you to give or receive notice of an
"occurrence", orrense, claim or "suit":
1. B€ports all, or any part, o, the "bodily injury", "property damage" or "personal and advenising
injury" to us or any other insurer;
2 Receives a witbn or verbal demand or claim ior damages because of fre "bodily iniury",
"property damage" or "personal and advertjsing injury"; or
PEo. 1 of 24
O C.UTVIBR
LX97S9 110/051
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pago 27 of 163
3. Becomes au6re by any other means that "bodily iniury" or "property damage" has occurred or
has begun to occur or that an "occurrence" or of{ense has been committed tlat has caused or
may cause "personal and advertising injury",
E. Damages because oi "bodily injury" include damages claimed by any person or organization for
care. loss o{ services or dealh resultng at any time lrom the "bodily iniury".
F. lJ v\€ are prevented by law or statute lrom paYing damages covered by this policy on behali ol the
"lnsured", then \^€ v\ill indemnily the "lnsured" for trose sums in excess ol the 'Hetained
Arnount'.
SECTION II . DEFENSE AI\ID SUPPLEMENTARY PAYIVIENTS
A. We vrill have the right and duty to debnd any "suit" against the "lnsured" that seeks damages for
"bodily injury", "property damage" or "personal and advertising iniury" to which this insurance
applies. even i, the "suit" is gror.rndless, false or fraudulent when:
1. The total applicaue limits o, "sch€duled underlying insurance" and any applicade "other
insurance" have been etrausted by payrnent of damages to \ hich this policY applies; or
2 Subject to Paragraph B. of this Section ll, the damages sought because ol "bodily injury",
"property damage" or "personal and advenising injury" raould not be covered by "scheduled
underlying insurance" or any applicaue "otrer insurance", even itfie total applicable limits of
either the "scheduled underlying insurance" or any applicable "other insurance' had not boen
e*rausted by the payment ol damages.
lf \ € are prevented by law or statute from assuming the obligations specifed under this provision,
vre vrill pay any e&enses incurred v"ith our consent.
B. We \ ill have no duty to debnd the "lnsured" against any "suit" seeking damages ,or "bodily
injury", "property damage" or "personal and advertising iniury" to vttrich this insurance does not
apply, including, but not limied to, Paraqraph W. ot SECTION lll - EXCLUSIONS.
C. \{tren u€ assume the defunse of any "suit" against the "lnsured" that seeks damages to wttich this
insurance applies, rae v\ill, subiect to the limits of insurance:
1. lnvestigate, negotiate and setde the "suit' as ue deem appropriate; and
2 Pay the iollo\ ing supplomentary Payments to the exEnt that such payments are not covered
by "scheduled underlying insurance" or anY applicable "other insurance":
s. All elpenses \€ incur;
b. Premiums on bonds to rel€ase attachments br amounts not e)cseding the applicable limits
o{ insurance ol this policy, but \ e are not obligated to apply br or furnish 6ny such bond;
c. Premiums on appeal bonds required bY lawto appeal a iudgement in a "suit" ,or amounts
not exceeding the applicable limiB of insurance ol this policy, but \ E are not obligatad to
apply {or or furnish any such bond;
d. All court costs taxed against the "lnsured" in the "suit";
o. Pre-iudgment interest a\^6rded against the 'lnsured" on lhat part ol the iudgment vrithin the
applicsue limits o, insurance ol this policy \ € pay. lI 'ae make an ofler to pay the
applicable limit ol insurance, vre yrill not pay any pre-iudgment int€rest accruing aft6r '^€
make such offer;
f. Post-judgment interest that accrues after enry ot judgment on that part ol the judgemant
\ ithin the applicaue limits oJ insurance of this policy v\Ig pay and beiore \^e have paid,
o{fured to pay or deposited in coun that part ol the iudgment that is \ 'ithin the applicable
limits o, insurance ol this policy; and
g, The "lnsured's" expenses incurred at our request or v\ith our consent.
D. E xcept as provided in Paragraph A above, v\€ \ ill hsve no duty to detnd any "suit" against the
"lnsured". We vrill, horaever, have the right, but not the duty, to participate in the debnse ol any
"suh" and the investigation oi any claim to v\hich this policy may apply. ll vw e)€rcise this right,
'^p v\ill do so at our owt expense,
oc-ut!,/BR
1X9799 { 10/06)Pagc 2 o1 24
lr#-'t+ffi page 28 of 163
E. We *,ltl not defund any "suit", or pay any attorney ftes or litigation expenses including, v\ithout
limitation, the epenses described in Paragraph C.2., above that accrue after tle applicable limiB of
insurance ol this policy ha\r'e besn etlausted by the payment of damages and M,e v\ill have the right
to \dthdraw fom the further defunse of such "suh" by tendering confol of said defunse to the
" lnsured",
sEcTtoN lll. ExctusloNs
This insurance dcEs not apply to:
A. Expected or lntended lniury
"Bodily iniury", or "property damage" epected or int€nded lrom the standpoint of the "lnsured".
This exclusion does not apply to "bodily iniury" resulting lrom the use ol reasonaue iorce to
proEct persons or property,
B. Contactual Liability
"Bodily iniury" or "property damage" Jor \ trich the "lnsured" is obligated to pay damages by
reason o{ the assumption ol liability in a contract or agreement. This exclusion does not apply to
liability Io( damages:
1. That the "lnsured" \ Duld have in the absence of trre conract or agreement; or
2 Assumed in a contract or agreement that is an "insured contract" provided the "bodily iniury"
or "property damage " occurs subsequent to the execution of the contact or agreement. Solely
lor dne purposes ol liability assumed in an "insured contract" reasonable attorney fues and
necessary litigaton erpenses incurred by or tor a party otler lhan an "lnsured" are deemed to
be damages because of "bodily injury" or "property damage", and included v\ihin the limits of
insurance, provided:
a. Liability to such party lor, or ior the cost or, that party's defunse has also been assumed in
the same "insured contract";8nd
b. Such attorney fues and litigation e&enses are fror defunse ol ttat party sgainst a civil or
alternative dispute resolution proc8eding in \hich damages to v\hich fiis insurance applies
are alleged.
C. Liquor Liability
"Bodily injury" or "property damage' lor v*rich any 'lnsured' may be held liable by reason oI:
1. Causing or contributing to the intoxication o{ any person;
Z The furnishing of alcoholic b€verages to a person under the legal drinking age or under the
influence of alcohol; or
3. Any statute, ordinance or r€gulation relatjng to the sale, gift, distribution or use of alcoholic
beve ragas,
Ho\ever, this exclusion vrill not apply iI coverage is provided for such "bodily injury" or "property
damage" by "scheduled underlying insurance",
Coverage under this policy {or such "bodily iniury or "property damage " v\ill follow the terms,
definilions, conditons and exclusions of 'scheduled underlying insurance", subject to the "policy
period", Iimits of insurance, premium and all other terms, defnitions, conditions and exclusions ol
fiis policy. Provided, hov\Ever, that coverage provided by this policy \ ill be no broader than the
coverage provided by "scheduled underlying lnsurance".
D. Workers'Compensation and Simila] Lalvs
Any obligation of the "lnsured" under a ,aorkers' compensation, disability benefts or unemployment
compensation law or any similar law
E. E.R.t.S.A.
Any obligalion o{ fi€ "lnsured" under fie Employee Retirement lncome Security Act ol 1974
(including amendments relating to the Consolidated Omnibus Budget Reconciliation Act of 1985), or
any amendment or revision thereto, or any similar law or regulation.
o c -ut\rBn
LX97S9 110/O5l Pag! 3 ol 24
I
[Eilisffi pago 29 of 163
F. Auto Coverages
1. "Bodily iniury" or "property damage" arising out of fte ow\ership, maintenance or use of any
"auto' \ hich is not a 'covered auto"; or
2 Any loss, cost or expense payable under or resulting lrom any frst party physical damage
coveragei no-fault law; personal injury protection or auto medical payments coverage; or
uninsured or underinsured motorist law,
G. Employor's Liability
1. "Bodily iniury" to an "employee" ol the "lnsured' arising out of and in the course ol:
a. Employment by the "lnsured"; or
b. Perbrming dutes related to the conduct ol the "lnsured's" business; or
2 Any claim or "suit" brought by the spouse, child, parent, brother or sister of that "employee"
as a consequence o{ paragraph 1 abo\€.
This exclusion applies:
1. Whether the "lnsured" may be liaue as an employer or in any other capacity; and
2 To any obligation to share damages v\ith or repay someone else !\tro must pay damages
because of the injury.
This exclusion does not apply to liability assumed by the "lnsured" under an "insured contract",
Vvith respect to iniury arising out o, a "covered auto", this exclusion does not apply to "bodily
injury" to domestic "employees" not entited to vlorker's compensation benefits. For the purpose
oJ this insurance, a domestic 'employee" is a person engaged in household or domestic raork
periormed principally in connections \ith a residence premises.
This exclusion does not apply to the exEnt that valid "scheduled underlying insurance" for the
employer's liability risks described above exists or \ ould have existed but frcr the erfraustion ol
underlying limiE Jor 'bodily iniury".
Coverage undsr this policy lor such "bodily iniury or "property damage" \,ill frcllow the Brms,
defnitions, conditons and exclusions ol "scheduled underlying insurance", subject to the "policy
period", limits o, insurance, premium and all other terms, definitions, conditions and exclusions of
this policy. Provided, ho\EVer, that coverage provided by this policy r,^ill be no broader than the
coverage provided by "scheduled underlying insurance".
H. Employment Rolatod Practicos
Any claim or "suit" alleging or assening in any respect loss, iniury, or damage (including
consequential bodily injury) in connection uith "rarongful termination", and/or "discriminaton ",
and/or "serual harassment".
The lollor,ting defnitions apply to this exclusion:
"Wrongful termination" means termination of an employment relationship in a manner \ hich is
against the law and \,vongful, or in breach of an implied agreement to continue employment.
" Discrimination " means termination of an employment relationship or a demotion, or a hiluro or
refusal to hire or promote an individual because of race, color, religion. age, sex, disability,pregnancy, natural origin, serual orientation or other protected category or characteristic
established pursuant to any applicable bderal, state, or local law, regulaton, or ordinanco.
'Serual harassment' means unr,relcorne serual advances and/or requests fror serual favors and/or
olher verbal or physical conduct ot a serual nature that (1) are made a condition ol employment
andlor l2l are used as a basis for employment decisions and/or (3) create a \ ork environment that
intertres \^itr perlormance,
l. Pollution
This insurance d@s not apply to:
1. Any "bodily iniury", "property damage" or "personal and advertising injury" arising out of tre
actral, alleged or threatened discharge, dispersal, seepage, migration, release or escap€ ol
"pollutants" anyv*rere at any time;
OC.UMBR
LX9799 ( 10/05)Pagc 4 ol 24
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page 30 of 163
2 Any loss, cost or €{rense arising out of any request, demand, order or statutory or regulatory
requirement that the "lnsured" or others test lor, monitor, clean up, remove, contain, treat,
detoxjfy or neutralize, or in any vray respond to, or assess the effects of "pollutants"; or
3. Any lo6s, cost or elpense arising out o{ any claim or 'suit" by or on behalf ol a governmental
authority for damages because of testing for, monitoring, cleaning up, removing, containing,
teating, detoxifying or neuralizing or in any raay responding to, or assessing the elfucts of
"poilutants'.
Houever, Paragraph 1 ol this exclusion \ill not apply if coverage for such "bodily injury" or
"property damage" as is described in paragraphs 1 tlroJgh 6 below is provided by "scheduled
underlying insurance":
1. Products-Comploted Oporatio ns Hazard
Paragraph 1 of this exctusion does not apply vrith respect to "bodily injury" or 'rproperty
damage" included witiin the "products'completed operatons hazard" provided that 'your
product' or "your '/\ork" has not at any time been:
8. Discarded, dumped, abandoned, throvn a\ Ey; or
b. Transported, handled, storod, reated, disposed ol or processed as lr€ste; by anyone,
Z Hostilo Firs
Paragraph 1 of this exclusion does not apply vrith respect to "bodily inlury" or "property
damage" arising out of heat, smoke or fumes trom a 'hostile fre".
3. Equipment to Hoat the Building and Co ntra cto r/Less ee Operations
Paragraph 1 ol this exclusion does not apply to:
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 v'hich you may be held liable if you are a
contractor and the owler or lessee o{ such premises, siE or location has been added to
your policy as an additional "lnsured" \^itr respect to your ongoing operations periormed
lor that additional "lnsured" at such premises, site or location, and such premises, site or
location is not and never \ as ovfied 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 o{ this exclusion does not apply toi
8. "Bodily injury" or "property damage" arising outotfie escape of fuels, lubricants or other
operating fuids that are needed to perrorm normal electrical, hydraulic or mechanical
functions necessary for tre operatjon o{ "mobile equipment" or its parts if such fuels,
lubricants or other operadng fuids escape from a vehicle part designed to hold, store or
receive them. This exception does not apply ilthe "bodily injury" or " property damage"
arises out ol the intentional discharge, dispersal or release ol the fuels, lubricants or other
operating fluids, or if such fuels, lubricants or other operating fuids are brought on or to
th6 premises, site or location uitt t]e intent fiat they be discharged, dispersed or released
as pan o{ the operations being perrormed by such insured contactor or subconfactor; or
b. "Bodily lnjury" or "property damage" sustained \ithin a building and caused by the release
o, gases, fumes or vapors lrom materials brought into that building in connection \ ith
operations being perrormed by you or on your behal, by a contractor or subcontractor'
5. Fuels.l-ubricants, Fluids. otc. - Auto
Paragraph 1 o{ this exclusion do€s not applv to fuels, lubricants, fluids, e)daust gases
or other similar "pollutants" that are needed br or result lrom the normal electrical, hydrsulic
or mechanical functioning of an "auto' covered by "scheduled underlying insurance" or its
parts, iI:
oc -ut\tBR
LXS790 ( 10/06)P6sc 5 oI 24
tii1i4t.
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pago 31 of '163
8. The "pollutanE" escape, seep, migrate, or are discharged, dispersed or released dir€ctly
fom an 'auto" part designed by its manuracturer to hold, store, receive or dispose of such
"pollutants'; and
b. The "bodily injury" or 'property damage" does not arise out of the operation ol any
equipment shovrn in Paragraphs 6b and 6c ol the defnition o, "mobile equipment".
6. Ups6t, Ovarturn or Damago of an Auto
Paragraph 1 of fiis exclusion does not apply to "occurrences' frat take place au€y from premises
owred by or rented to an "insured" \ ith respect to "pollutanE" not in or upon an "auto" covorsd
by "scheduled underlying insurance" if
a The "pollutants" or any property in v*rich the "pollutants' are contained are upset, overtrrned
or damaged as a result ol the maintenance or use of an ''auto" covered by "scheduled
underlying insurance"; and
b. The discharge, dispersal, seepage, migration, release or escap€ o, the ''pollutants" is caused
directly by such upset, overturn or damage.
Coverage under this policy lor such "bodily injury" or "property damage" as is described in
subparagraphs l through 6 above lrill follow the terms, defnftions, condidons and exclusions of
"scheduled underlying insurance", subject to the "policy period", limits of insurance, premium and
all other brms, definitions, conditions and exclusions oI this policy. Provided, horaever, frat
coverage provided by this policy \ill bo no broader than the coverage provided by "scheduled
underlying insurance".
J. Arcraft Or Watercratt
"Bodily intury" or "property damage" arising out of tre owrership, maintenance, use or entrustmont
to others of any aircraft, or \ Etercraft ovfled or operated by or rented or loaned to 8ny
"lnsured". Use includes operation and "loading or unloading."
This exclusion applies even if the claims against any "lnsured" allege negligence or othar
wongdoing in the supervision, hking, employment, training or monitoring ot others by that
"lnsured", i,the "occurrence" lrhich caused the "bodily injury" or "property damage" involved the
ovnership, mainEnance, use or entrustment to others ol any aircraft, or uatercraft dlat is ovred or
operated by or renEd or loaned to any "lnsured".
This exclusion does not apply to:
1. A \ atercraft v*tile ashore on premises you ov\n or rent;
2 A vratercratt you do not o\^rl that is:
a. Less than 26 feet long; and
b. Not being used to carry persons or property for a charge;
K. Wsl
"Bodily injury" "property damage" or "personal and advenising injury", ho\ever caused, arising
directly or indireciy out of:
1. War, including undeclsred or civil !\ar; or
2 Warlike oction by a military lorcs, including action in hindering or deftnding against an actual or
e&ected attack, by any government, sowreign or other authority using military personnel or
other agents; or
3. lnsurrection, rebellion, revolution, usurped po\€r, or acion taken by governmental authority in
hindering or deftnding against any ol these,
This exclusion does not apply to $e use or tlreaten use o{ "terrorism".
As used in this exclusion, "terrorism" means the use or threatened use of force or violence against
person or property, or commission of an act dangeroJs to human lite or property, or commission o,
an act trat interbres \,rih or disrupts an electronic or communication system, undertaken by sny
person or group, \hether or not acting on behalf of or in any conn€ction \^ith any organization,
government, po\ r9r, authority or military torce, when the elfect is to indmidate, coerce or harm:
OC.UMBR
LX9799 { 1 (}05}Pag.6 ol 24
I
ffi{ltrffi
pag6 32 of 163
1, A government;
2 The civilian populaton of a county, state or community; or
3. To disrupt the economy ol a counfy, state or community.
So long as the Terrorism Risk Insurance Act of 2m2 (the "Act") iS in effuct, "terrorism" includes
an aci of terrorism as d€fned by Section 102. Definitions ol fie Act and any revisions or
arnendments thereto,
L. Damago to Proporty
"Property dsmag€ " to:
1. Property:
a. You ovn, rent or occupy, including any costs or epenses incurred by you, or any other
person, organization or entity, ior repair, replacement, enhancement, restoration or
maintenance oi such property for any reason, including preventon of injury to a person or
damage to another's Property; or
b. Ovrned or tansported by the "lnsured" and arising out of the ov,nership, maintenance or
use of a "covered auto";
2 Premises you sell, give av\€y or abandon, it fie "property damags" arises out of any part o,
those premises;
3. Property loaned to you;
4. Personal property in the care, custody or conrol ot the 'lnsured';
5. That panjcular part ol real property on wtrich you or any contractors or subcontractors v\olking
directly or indkecty on your behall are periorming operations, if the 'property damage" arises
out ol those operatjons; or
6. That panicular paft ol any property d'rat must be restored, repaired or replaced because "your
v\,ork " \ as incorrecly performed on it.
Paragraph 2 o, fiis exclusion does not apply i, th€ premises are "your v\ork" and v\Ere nover
occupied, rented or held lor rental by you.
Paragraphs 1b, 3, 4, 5 and 6 o, this exclusion do not apply to liability assumed under a sidetrack
agreement.
Paragraph 3 and 4 o{ this exclusion do not apply to liability assumed under a \,1ritEn Trailar
lnterchange Agreement.
Paragraph 6 of this exclusion does not apply to "property damage" included in the "products-
completed operations hazard. "
M. Dsmage to Your Product
"Property damage" to "your prduct' arising out of it or any psrt of it.
N. Damago to Your Work
"Property damage' to "your uork" arising out of it or any part ol it and included in tte "products-
completed operations hazard. "
This exclusion does not apply if the damaged uork or the u,ork out of vrhich the damage arisos \ 6s
periormed on your behall by a subcontractor.
O. Damago to lmpaired Property or Proportv Not Physically lnjurod
"Property damage" to "impaired property" or property that has not been physically iniured, arising
out or:
1. A deftct, defciency, inadequacy or dangerous condition in "your product" or "your raork"; or
2 A delay or bilure by you or anyone acting on your behalf to perlorm a cont.act or agreement
in accordance \ ith its terms.
This exclusion does not spply to the loss ot use ot other property arising out of sudden and
accidental physical injury to "your product" or "your lo(k" after it has been put to its intended
use.
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P. Recall ot Products, Work or lmpaired Ptoporty
Damages claimed for any loss, cost or expense incurred by you or others {or fie loss oJ use,
vrithdra,aal. recall, inspection, repair, replacement, adiusrnent, removal or disposal o{:
1. "Your product";
2 "Your raork "; or
3. "lmpaired property";
il such product, uork or property is l,tifrdravrn or recalled ,rom the market or lrom use by any
person or organization because oI a knovrr or suspected delect, deficiency, inadequacy or
dangerous condition in it.
O. E l€ctronic DBtE
Damages arising out of the loss of, loss of use of, damage to, corruption or, inability to access or
inability to manipulate electronic data.
As used in this exclusion, electronic data means inrormation, ,acts or programs stored as or on,
created or used on, or ransmitbd to or from compu€r solt\ €re, including systems and applications
soft\ 6re, hard or foppy disks, CD-RONlS, tapes, drives. cells, data processing devices or any other
media \ hich are usod v'ith elecfonically controlled equipment.
R. Fungus/Mold
"Bodily injury" or "propeny damage " or any other lo6s, cost or e)eense, including, but not limibd
to losses, costs or expenses related to. arising from or associated vrith clean-up, remediation,
containment, removal or abatement, caused directly or indirectly, in \^trole or in part, by:
1. Any "fungus(i)", "molds(s)", mildew or yeast, or
2 Any "spore(s)" or totns created or produced by or emanating lrom such "fungus(i)",
"mold(s)". mildew or yeast, or
3. Any subGtance, vapor, gas, or other emission or organic or inorganic body substance produced
by or arising out ol any "fungus(i)", "mold(s)", mildew or yeast, or
4. A\ny material, product, building component, building or sfucture. or any concentration o{
moistrre, vrater or other liquid rrrithin such material, product, building component, building or
structure, that contains, harbors, nurtures or acts as a medium for any "fungus(i)", "mold(s)",
mildew, yeast or 'spore(s)" or toxins emanating theretom,
regardless o, any other cause, event, material, product and/or building component that
confibuted concurrsntly or in any sequence to that "bodily injury" or "property damago", loss,
cost or expense,
For the purpose o, this exclusion, the bllovr,ing defnitions are added to the policy:
"Fungus(i)" includes, but is not limit8d to, any of the plants or organisms belonging to the m6jor
group fungi, lacking chlorophyll, and including molds, rusts, mildeu,s, smuts, and mushrooms,
"fvbld(s)" includes, but is not limited to, any superfcial gro\ ilfi produced on damp or decaying
organic matter or on living organisms, and fungi trat produce molds.
"Sporels)" means any dormant or reproducive body produced by or arising or emanating out
of any "fungus(i)", 'mold(s)", mildew, plants, organisms or microorganisms.
S. Lead
'1. "Bodily injury", "property damage", or "personal and advertising injury" for past, present or
future claims arising in whole or in pan, ekher directly or indirecty, out of the manufacture,
distrihrtion, sale, resale, rebranding, installation, repair, removal, encapsulation, abatemont,
replacement or handling or, eposure to, ingesdon of or testing for, lead \,\,hether or not the lsad
is or was at any time airborne as a panicle, contained in a product, carried on clothing, inhalod,
transmitbd in any bshion or found in any form v\hatsoever;
2 The co€ts of clean up or removal of lead or products and materials containing lead;
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3. The costs ot such actions as may be nocessary to monitor, assess and evaluate the release or
threat o{ same, or lead or products and maerial containing lead;
It The cost of disposal of lesd substances or the taking of such other action as may be necessary
to temporarily or permanendy prevent, minimize or mitigate damage to the public health or
, elfare or to the environment, v*rich may other\ ise result; or
5. The co6t ot cornpliance vrith any law or regulation regarding lead.
T, Asbsstos
1. "Bodily injury" in any \ 6y arising out ot the use by any person or organization of or eposure to
asbestos, asbestos prducts, asbestos fbers or asbestos dust;
2 "Properry damage" to resl property arising out of fie use by any person or organization o,
asbestos, asbestos products, asbestos fbers, asbestos dust, including v\ihout limitation fle
costs incurred v\ith respect to the removal or abatement of asbestos, asbestos products,
asbestos fibers or asbestos dust lrom or in such r€al property;
3. Any obligation of the "lnsured" to indemnify any party because oI damages arising out o{
such "property damage", 'bodily injury", sickness, disease, occupational disease, disability,
shock, death, mental anguish or mental injury, at any time as a result o{ the manufucture of,
mining of, use ol, sale of, removal ot, disribution o{, or e&osure to asbestos, ashstos
products, asbestos fbers or asbestos dust; or
4. Any obligation to deftnd any claim or "suit" against the 'lnsured" alleging "bodily injury",
sickness, disease, occupational disease, disability, shock, death, mental anguish or mental
iniury or "property damage" resultng lrom or confibuted to, by any and all manufucture of,
mining of, use o{, sale of. removal of, distribution ol, or exposure to asbestos, asbestos
products, asbestos fibers or asbestos dust.
U. Nuclear
1. "Bodily iniury" or "property damage":
8. Wfi respect to v*tich an "lnsured" under the policy is also an "lnsured" under a nuclear
energy liability policy issued by Nuclear Energy Liability lnsurance Association, MJtual
Atomic Energy Liability Underwiters, Nuclear lnsurance Association or Canada or any such
policy but for its termination upon e*taustion ot its limit of liability; or
b. Besulting ,rom lhe "hazardous propenies" of "nuclear material" 8nd v\ith respect to wtrich
(i) any person or organization is required to msintain fnancial protection pursuant to the
Atomic Energy Act of 1954, or any law amendatory thereof, of (ii) the "lnsured" is or had
fiis policy not been issued vrould be, enrited to indemniJy fom the United States of
Anerica, or any agency thereof, under any agreement entered into by the United States ot
Arnerica, or any agency there oI vrith any person or organization.
2 "Bodily injury" or "properry damage" resulting trom fie "hazardous properties o, "nuclear
material", if
a. The "nuclear material" (i) is at any "nuclear facility" ovned by, or operated by or on behalf
of, an "lnsured" or (ii) has been discharged or dispersed therefrom;
b' The "nuclear material" is contained in "spent fuel" or "\€ste" at anytime possessed,
handled, used, processed, stored, tansported or disposed of by or on behalf of the
" lnsured"; or
c. The "bodily iniury" or "property damage" arises out oI the furnishing by an "lnsured" of
services, materials, parts or equipment in connection v'ith tre planning, consfuctjon,
maintenance, operation or use of any "nuclear facility",
3. "Bodily iniury" or "property damage" resulting lrom the intentonal or unintentional detonation o,
any nuclear bomb or nuclear device.
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4. As used in this exclusion, the iollorMng defnitions apply;
a. "Hazardous propenies" include radioactive, toxic or eplosi\€ 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 Aiomic Energy Act of 1954 or in any law amendatory lhereol;
d. "Spent fuel" means any fuel element o{ fuel component, solid or liquid wtrich has been
used or eposed to radiation in a "nuclear reactor";
o. "WasE" means any \ aste material (l) containing ^by-product material" other than the
tailings or v\6tes produced by the extraction or concentration ol uranium or thorium brm
any ore processed primarily ,or ib "source material" content, and (ii) resultng from fie
operation by any person or organization ol any "nuclear facility" included under the first trao
paragraphs ol the definition o{ "nuclear bcility";
I. " Nuclear facility" means:
(i) Any "nucl8ar reactor";
(ii) Any equipment or device designed or used ior (a) separating the isotopes or uranium or
plutonium, (b) processing or utilizing "spent fue|", or (c) handling, processing or
Packaging " 'aBste";
(iii) Any equipment or device used lor the processing, fabricating or alloying of "special
nuclear material" if at any time the total amount of such material in the custody of he
"lnsured" at tre premises vltlere such equipment or deMce is located consists of o/
contains more than 25 grams of plutonium or uranium 233 or any combination therooJ,
or more that 25O grams o{ uranium 235;
(iv) Any stucture, basin, excavation, premises or place prepared or used ior the storago or
disposal or "\ 6ste ";
and includes the site on uhich any ol the foregoing is located, all operations conducted on
such site and all premises used for such operations.
V. Securities and Financi6l lnterest
Any liability arising out of:
1. Any violation of any securities law or similar law or any regulation promulgated thereunder;
2 The purchaso, sale, offer oJ sale or solicitation oi any securiry, debt, insurance policy, bank
deposit o{ fnancial interest or insuument;
3 Any representation made at any time in relation to the price or value of any security, debt,
insurance policy, bank deposit or fnancial inierest or instrument; or
4. Any depreciation or decline in price or value of any security, debt, insurance policy, bank
deposit or fnancial interest or instrument.
W. Covorago excluded or sublimitod by the Scheduled Undorlying Insurance
"Bodily iniury", "property damage", or ^personal and advenising inrury" vhichi
1. ls not covered by the "scheduled underlying insurance' by reason of an exclusion contained in
or at any time added to such "scheduled underlying insurance"; or
2 ls in any \ ay subject to a sublimit r fiich is less than trre limits o, insurance ot such "scheduled
undedying insurance".
X. Silica
1. "Bodily injury", sickness, disease, occupational disease, disability, shock, death, mental
anguish or mental injury, and/or any otler b/pe o{ iniury, lo6s. cost, damage, or ep€nse
sustained by any person br the real or alleged emergence, contraction, aggravadon or
exacerbation o, any brm of silicosis or any oth€r dis€ase of tre human body caused by,
arising out o{, or resulting fom tre manuracture, mining, use, sale, removal, or distribution by
8
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any person or organization oI silica, silica prducts, silica fibers or silica dust, or the erposure
to silica, silica products, silica fbers or silica dust; or
2 Any obligation of the insured to delend and/or indemnify any party because ol damages arising
out of such "bodily injury", sickness, disease, occupational disease, disability, shock, dsath,
montal anguish or mental injury, at any dme caused by, arising out of, or resultng fom the
manufactJre ol, mining of, use of, sale oJ, removal of, distribution oI, or e)gosure to silica, silica
products, silica fibers or silica dust.
y. Vlolation Of Statutes ln Connoction Wth Sending. Transmining Or Communicating Any
Matorial Or lntormation
Any claim or "suit" allegang or asserting fiat any act or omission violat€s any statute, ordinance or
regulation of any federal, state or local government, including any amendment of or addition to such
la\ 6, that includes, addresses or applies to the sending, tansmiting or communicating ol any
material or inbrmation, by any means htlatsoever.
Z. Other Porsonal and Adverlising lnlury
"Personal and advenising injury":
1. Caused by or at the direclion o, the "lnsured" rrrith the knovrledge tlat the act v\ould violate the
rights of another and vrould inflict "personal and advertising injury".
2 Arising out ot oral or v\ritt€n publication of material, if done by or at the direction ol the
"lnsured" \ith knovJodge ol its lalsity.
3. Arising out of oral or uritten publication of material wttose frst publication took place be{ore the
beginning ol the policy period.
4. Arising out of a criminal act committ8d by or at tle direction o, the "lnsured".
5. For wtrich the "lnsured" has assumed liability in a confact or agreement. This exclusion does
not apply to:
a. Liability for damages hat the "lnsured' uould have in the absence ot the confact or
agreement; or
b. Liability jor false arrest, detendon or imprisonment assumed in a contact or agre6ment.
6. Arising out o{ a breach of contract, e xcept an implied contract to use another's advertising idaa
in your "advertisement".
7. Arising out o, the fsilure o, goods, prducts or services to conbrm v tr any statement of quality
or performance made in your "advenisement".
8. Aising out of the v\rong description ol the price of goods, products or services stated in your
"advenisement".
9. Arising out of trre intringement of copyright, patent, trademark, trade secret or other intellectual
property rights. Hor pver, this exclusion does not apply to inlringement, in your
"advenisement", o, copyright, trade dress or slogan.
10. Committed by an "lnsured" v*tose business is:
s. Ad\€nising, broadcasting, publishing or Elecasting;
b. Designing or determining content of u€bsites for others; or
c. An internet search, access, content or service provider.
Ho\rever, this exclusion does not apply to Paragraphs 1,2 and 3 of the definiton o, "personal
and advertising iniury' in SECTION V - DEFINITIONS.
For the purposes oI this exclusion, the olacing ol fam€s, bordors or links, or advertising, {or
you or otrers anyv,trere on tre lnternet, is not by itselr. considered the business o, advenising,
broadcasting, puUishing or telecasting
11. Arising Out ol an elecfonic chatroom or bulletin board the "lnsured" hosts, ovrts, Or O\€r vfiich
the " lnsured" exercises control
9
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12 Arising out oI the unauthorized use o, another's name or product in your e-mail addr€ss,
domain name or meta tag, or any other similar tactics to mislead anolher's potential customors.
SECTION IV - LIMITS OF INSURA CE
A. The limi6 ol insurance shov'n in ltem 3 of the Declarations and the rules below state the most \ €
v\,ill pay ror all Damages under this policy regardless oI the number oI:
1. "lnsureds";
2 Claims made or "suits" tsought; or
3 Persons or organizations making claims or bringing "suits".
B. The General Aggregate Limit is the most \€ \ill pay tor all damages under this policy, except ior:
1. Damages included \ ithin the "products-completed operations hazard"; and
2 Damages because of "bodily injury" or "property damage" to v\hich this policy applies, caused
by an 'occurrence" and resulting Jrom the ovrership, maintenance or use of a "covered auto".
C. The Products-Cornpleted Operations &gregate Limit is the most u€ \ ill pay tor all damages
included in fie "products-completed operations hazard".
D. Subject to Paragraphs B and C above, wtriche\er applies, the Each Occurrence Limit is the most
u,e vrill pay Ior the sum of all damages srising out o, any one "occurrence" or o{funse.
E. Subject to Paragraphs B and C above, v*richerrer applies, the most v\E \ ill pay br damages under
this policy on behalf o{ any person or organization to v\hom you are obligat€d by a \ rittBn "insured
contract" to provide insurance such as is a{forded by this policy is the lesser of the limits ol
insurance shovrn in ltem 3 of the Declarations or the minimum limits of insurance you agre€d to
procure in such uritten "insured contract".
F. This policy applies only in excess ol the total applicable limits of "scheduled underlying insurance"
and any applicaUe "olher insurance" vfiether or not such limits are collectjble, lf, houever, a
policy shovtrr in the Schedule o, Underlying Insurance has a limit ol insurance:
1. Greater than tre amount shov'n in such schedule, this policy uill apply in excess ol such
greater amount; or
2 Less than the amount shovn in such schedule, this policy \ill spply in excess ol the amount
shovn in the Schedule of Underlying lnsurance forming a part of this policy.
G. lf the total applicable limits ol "scheduled underlying insurance" and any applicable "other
insurance' are reduced or e*rausted by the payment oI damages to wtrich this policy applies, \ €
nill:
1. ln the event o, reducton, pay damages in excess of the remaining total applicaue
limits of "scheduled undedying insurance" and any applicable "other insurance"; and
Z Subject to Paragraph E ot SECTION ll - oEFENSE AND SUPPLEMENTAHY PAYMENTS, in
the event of e:rhaustion, continu€ in force as underlying insurance,
H Ergenses incurred to derend any "suit" or to investigate any claim ldll b€ in addition to the
applicable limits of insurance of this policy. Provided, hov\€ver, that it such expenses reduce the
applicable limits of 'scheduled underlying insurance", then such e&enses \4ill reduce th6
applicable limib ot insurance ol this policy.
l. The limits of insurance of this policy apply separately to each consecutive annual period and to any
remaining period o, less than tv\Elve (12) montrrs, beginning uith the inception date of the "policy
period" shovn in the oeclaratons, unless the "policy period" is extended after issuance for an
additional period oI less f|an t\ €lve (12) months. ln trat case, the additional period \ill be deemed
part o, the last preceding period for purposes o, determining the limhs ol insurance o, this policy.
J. We \^,ill not make any payment under this policy unless and until:
1. The total applicable limiB ol "scheduled underlying insurance" and any applicable "other
insurance" have been e*rausted by the payment ol damages to \ tlich this policy applies; or
0
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2 The total applicaue "Self-lnsured Retendon" has been satisfed by the payment ot damages to
\ hich this policy applies.
\,l/tlen tre amount ot damages has been deErmined by an agreed settlement or a final iudgement,
rae r,rill promptly pay on behall o{ the "lnsured" the amount o{ damages falling v.ihin the brms of
this policy. An agreed settjement means a setdement and release of liability signed by us, the
"lnsured" and the claimant or tre claimant's l€gal representative.
SECTION V - DEFINITIONS
A. "Advertis€ment' means a notice that is broadcast or published to the general public or specific
market segments about your goods, products or services ior the purpose of attracting customers or
supporters. For the purposes ol this d66nitioni
1. Notices that are published include material placed on the lnternet or on similar electronic means
oJ communication; and
2 Regarding \,\€b-sites, only fiat pan o, a v\€b-site trat is about your goods, products or services
{or the purposes of attracting customers or support6rs is considered an "advertisement".
B. "Arto" means:
1. A land motor vehicle, railer or somifailer designed for travel on public roads, including any
attached machinery or equipment; o.
2 Any other land vehicle that is subiect to s compulsory or fnancial responsibility law or other
motor vehiclo insurance law in the state vtrere it is licensed or principally garaged.
Houever, "auto" does not include "mobile equipment",
C. "Bodily injury" means bodily injury, disability, sickness, or disease sustained by a person. including
death resultng lrom any of these at any time. "Bodily iniury" includes mental anguish or other
mental iniury resultng fom "bodily injury'.
D. "Coverage territory" means:
1. The United StaEs of America, including its territories and possessions, Puerto Rico and
Canada; or
2 ll provided by the underlying policy, anyvhere else in the v\Drld \^ith the exception oI any
country or iurisdiction \ hich is subject to trade or other economic sanction or embargo by the
United States o, Arnerica.
It \^a are prohibited by law from providing a deftnse in any location described in this definition and
\ € are obligated to provide such defunse under SECTION ll - DEFENSE AND SUPPLEMENTARY
PAYMENTS, \€ \ill reimburso you lor legal fees and other defunse ergenses incurr€d with our
consent under the terms and conditions of this policy.
lI coverage for a claim under this policy is in violation oI any United Sta€s o, Arnerica's
economic or gade sanction, including, but not limited to, sanctions adminisbred and enfrorced by
the U.S. Treasury Depa(ment's Office oI Foreign Assets Control {"OFAC") then coverage tor that
claim shall be null and vcid.
E. "Cowred auto" means only tho6e "autos" to wtlich 'scheduled underlying in5urance" applies
F. "Employee" includes a "leased 'aorker". "Emplo)ree" does not include a "temporary \ orker".
G. "Executive offcer" means a person holding any ol the olfcer positions created by your charter,
constitution, by-la\^6 or any other similar governing document.
H. "Hostile fire" means a fre ttat becornes uncmtrollable or breaks out lrom \Ahere it v\€s intended
to be.
l. "lmpaired property" means tangible property, other than "your product" or "your v\,ork", tlat cannot
be used or is less useful because:
1. lt incorporates "your product" or "your vrork" that is knowr or trought to be defuctiw, defcient,
inadequate or dangerous; or
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2 You have failed to fulflll the Erms of a contract or agreement;
i, such property can be restored to us€ by:
1. The repair, replacement, adiustrnent of removal of "your product" or 'your vrork"; or
Z Your fulflling the erms ol the contract or agreement.
J. "lnsured" means:
1. The "Named lnsured";
2 Except br liability arising out ol the owership, maintenance, or use ol "covored autos";
a. lf you are designated in the D€clarations 6s:
(1) An individual, you and your spouse are "lnsureds", but only \ ith respect to the conduct
of a business of \ hich you are fie sole ov.ner;
(2 A partnership or icint ventJre. you are an 'lnsured". Your members and your partrrors,
and their spouses are also "lnsureds", but only \^ith respect to the conduct of your
business;
(3) A limited liability company, you are an "lnsured". Your members are also "lnsureds",
but only v\iith respect to the conduct ol your business, Your managers are "lnsureds",
but only \ith respect to their duties as yo;r manaqers;
{4} An organization other than a parhership, jcint venture or limit€d liability company, you
are an "lnsured". Your "executive officers" and directors are "lnsureds", but only r,\ith
respect to their duties as your otficers or directors. Your stockholders are slso
"lnsureds", but only \ ith respect to their liability as stockholders;
(5) A trust, you are an "lnsured". Your trust€es are also "lnsureds", but only v\ifr respect
to their duties as trustees;
b. Your "volunteer v\Drkers" only vrtrile perlorming duties related to the conduct o, your
business. Your 'employees" other than your "e><ecutive otficers" {if you are an organization
other than a partlership, joint venture or limited liability company) or your managers (it
you are a limited liability company), but only for acts \ ithin the scope oJ their employmsnt
by you or vfiile performing duties relat€d to lhe conduct of your business, Ho\ €ver, none
o, these "employees" or "voiunteer ,^orkers " are insureds for:
(1) "Bodily injury' or "personal and advertising iniury":
(a) To you, to your parhers or members (if you are a parEtership or joint venture), to
your members (il you are a limited liability company), to a co-"employee" in tte
course ol his or her employment or periorming duties r€lated to the conduct oI your
business or to your other 'volunEer raorkers" wtrile performing duties related to fie
conduct o{ your business; or any claim or "suit" brought by or on behal, ol he
spouse, child, parent, brother or sister o, that co-"employee" or "volunteer \ orker"
as a consequence ol such "bodily injury" or "personal and advertising injury", or;
(b) For vrhich there is any obligation to share damaqes \ifi or repay someone else
\ ho must pay damages because o, the iniury described in Paragraphs {1)(i) above.
(a "Property damage" to property:
(a) O\ ned, occupied or used by,
(b) Rented to, in the care, custody or confol of, or over which physical contol is bsing
exercised {or any purpose by you, any oJ your "employees", "volunteer \orkers",
any parher or member (if you are a parmership or jdnt ventJre), or any memb€r (il
you are a limited liabilhy company),
c Any person (other than your "employee" or "voluneer raorker") or organization vr,hile acting
as your real estate manager;
d. Your legal representative il you die, but only \dtl respect to duties as such. That
representative will 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 {or bloader co\€rage than
v\ould be afforded by such "scheduled underlying insurance".
3. Only rrrith respect to liability arising out ot the ovnership, maintenance, or use of "covered
autos':
a. You are an "lnsured";
b. Anyone else vrhile using ldth your permission a "covered auto" you ovn, hire, or borrow is
also an "lnsured" except:
(1) The ouner or anyone else fom wttom you hire or borrow a "covered auto". This
exception does not apply if the "covered auto" is a tailer or semi-failer conn€cted to a
"covered auto" you ovfl;
(2 Your "employee' i{the "covered auto" is ovred by that "employee" or a member of
his or her household;
(3) Someone using a "covered auto" nhile he or she is raorking in a business ol selling,
servicing, repairing, parking or sto(ing "autos" unless that business is yours;
(4) Anyone olher than your "employees", partrtors (iI you are a parhership), members (if
you are a limited liabiiity company), or a lessee or borro\ €r or any ol their
"employees", vririle moving property to or from a 'covered auto";
(5) A parher (if you are a parErership), or a member (if you are a limited liability company)
for a "covered auto" ov'ned by him or her or a member of his or her household;
(6) 'Employees" \ ith respect to "bodily injury'' to any fullow "employee" of the "lnsured"
arising out of and in tho course o{ the ,ellow "employee's" employrnent or \ hile
performing dutios related to fr€ conduct ol your business;
c. Anyone liable for the conduct of an "lnsured" described above is also an "lnsured", but
only to the eKent of ttat liability.
rt Notv\ithstanding any of the above:
a. No person or organization is an " lnsured " !{ith respect to the conduct of any current, past
or nevJy formed parhership, idnt venture or limited liability company that is not designated
as a "Named lnsured" in ltem 1 ot the Declarations; and
b. No person or organization is an "lnsured" under this policy \t\o is not an "lnsured" under
"scheduled underlying insurance".
K, "lnsured contract" means that part of any contact or agreement pertaining to Your business under
\hich any "lnsured" assumes the tort liability o, another party to pay {or "bodily iniury' or "property
damage" to a third person or organization. Tort liability means I liability that \nDuld be imposed by
law in the absence ol any contract or agreement.
"lnsured contact' does not include that part of any conract or agreement:
1. That indemnifies a railroad {or "bodily injury" or "property damage" arising out ot construction
or demolitjon operations, \ itlin 50 ftet or any railro8d property and affecting any railroad bridge
or tresde, tracks, road-beds, tlnnel, underpass or crossing;
2 That indemnifies an architect, engineor or surveyor br iniury or damage arising out of:
a. Preparing, approving, or lailing to prepare or approve, maps, shop dravrings, opinions,
repons, surveys, field orders, change orders or dra\ ings and specifcations; or
b. Giving directions or instructions, or biling to give them. if trat is the primarv cause ot the
iniury or damage; or
3. Under wtrich the "lnsured", iI an architect, engineer or surveyor, assumes liability ior an iniury
or damage arising out ol the "lnsured's" rendering or hilure to render protssional services,
including those showr in subparagraph 2 abo\€ and supervisory, inspection, architectural or
engineering activities,
o C -Ui,An
1X9799 ( 1d06)Pagc 15 of 24
ffisffi
L. "Loading or unloading" means the handling ol property:
1. Att€r it is moved lrom the place v*rere it is accepted for movement into or onto an aircraft or
v\atercraft;
2. While it is in or on an aircraft or \n€tercraft; or
3. vwtile it is being moved from an aircraft or raatercraft to the place v'i1ere it is finally delivered;
but "loading or unloading" does not include fre movement oi propefty by means of a mechanical
device, other than a hand truck, tlat is not attached to tre aircraft or vEtercraft.
M. "Leased raorker" means a person leased to you by 8 labor leasing frm under an agreement
betv\€en you and the labor leasing firm, to periorm duties related to tho conduct ol your busin€ss.
"Leased ,aorker" does not include a "Emporary uorker",
N. " It/lobile equipment" means any oI the frollol,ing types of land vehicles, including any attached
machinery or equipment:
1. Bulldozers, furm machinery, forklifts 8nd other vehicles designed icr use principally off public
roads;
2 Vehicles maintained lor use solely on or next to premises you o\/vr or rent;
3. Vehicles that travel on cra\,ler treads;
4. Vehicles, r*rthor selt-propelled or not, maintained primarily to provide mobility to p€rmanendy
mounted:
a. Po\ er cranes, shovels, loaders, diggers or drills; or
b. Road construction or resur{acing equipment such 8s graders, scrapers or rollers;
5. Vehicles not described in Paragrsph 1, 2, 3 o( 4 above that are not self-propelled and are
maintained primarily to provide mobility to permengndy attached equipment o{ the lolloWng
q/Pes I
a. Ar compressors, pumps and generators, including spraying, \elding, building cleaning,
geophysical exploration, lighting and vrell servicing equipment; or
b. Cherry pickers and similar devices used to raise or lovrcr raorkers;
6 Vehicles not described in Paragraph 1, 2, 3 or 4 above maintained primarily br purposes otrcr
fian the ransponation of persons or cargo.
Ho\€ver, self-propelled vehicles vrith fre blloraing types ot permanenly attach€d equipmont
are not "mobile equipment", but \ill be considered "autos":
a. Equipment designed primarily Ior:
(i) Snow removal;
(ii) Road maintenance. but not constuction or resurhcing; or
(i ii) Street cleaning;
b. Cherry pickers and similar devices mounted on automobile or uuck chassis and used to
raise or lov\€r raorkers; and
c. Ar compressors, pumps and generators, including spraying, raelding, building cleaning,
geophysical e&loration, lighting and uell servicing equipment.
Hov\Ever, "mobile equipment" do€s not include land vehicles that are subject to a compulsory or
financial responsibility law or other motor vehicle insurance law in fre state v\here it is licensed or
principally garaged. Land whicl8s 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 lbm 1 ol the Declarstions;
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1X9799 ( 10/051 Paoc 16 ol 24
pags 4'1 of 163
Bffifffi page 42 of 163
2 Any organization in v*rich you maintain an interest ol more than fifty percent (5O%) and v*rich
is included as a named insured under "scheduled underlying insurance", as ot the et ective
date oI this policy and to \hich more specifc insurance does not apply, provided that this
policy does not apply to any "bodily injury" or "proporty damage" that occurred or any "
personal and advenising injury" that uas caused by an "occurrence" that was committed
before you acquired or formed such organization or after you ceased to maintain an interest of
more than flty percent (5oo/o) in such organization; and
3. Any organization, except ior a parhership, joint venture or limited liability company, that you
acquire or form during the .policy period" in which you maintain an interest ot more than ffty
percent (5oo/o) and to wtrich more specifc insurance do€s 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 iniury" or "property damage" thal occurred or any
"personal and advenising iniury" that v\6 caused by an "occurrence" that \,16s committed
bebre you acquired or lormed such organization or after you ceased to maintain an interest
o, more than fifty percent {5oo/o ) in such organization; and
c. You give us prompt notice after you acquire or form such organization.
Subiect to the provisions of Paragraphs 3a, 3b and 3c above, a partrtership, joint venture or
limited liability company that you acquire or lorm during the "policy period" may be added as
an "lnsured" only by a vlritten endorsement that \ne make a part of fiis policy.
We may, at our option, make an additional premium charge br any organization that you
acquire or form during the "policy period".
P. "Occurrence " means:
1. As respects "bodily iniury" or "property damage", an accident, including continuous or
repeated eposure to substantially the same general harmful conditions. All such e&osure to
substantially the same general harmful conditions raill be deemed to arise out of one
"occurrence ".
ln th€ event of continuing or progressively deterioradng damage over any length of time, such
damage shall be deemed to be one "occurrence", and shall be deemed to occur only 'Ahen
such damage first commences.
2 As respects "personal and advenising injury". an ofrense arising out o, your business that
causes "personal and advenising intury". Al damages that arise fom the same, relabd or
repeated injurious material or act v ll be deemed to arise out of one 'occurrence", regardless
of the fequency or repetition thereof, the number and kind ot media used and the number ol
claimants.
O. "Other insurance" means a valid and collectihe policy of insurance providing coverage for
damages covered in v*lole or in part by this policy.
Hourver. "oth€r insurance" does not include "scheduled underlying insurance", the "Self-lnsured
Betention" or any policy of insurance specifcally purchased to be excess ol this policy affording
coverage ttat fiis policy also affords.
R. "Personal and ad\€rtising injury" means injury arising out of your business, including consequential
"bodily injury". arising out oI one or more o{ the fiollo\ ing olfensesi
1. False arrest, detention or imprisonmenU
2 Malicious prosecution;
3. The \ rongful eviction ftom, wongful enry into, or invssion o, fie right ol private occupancy o{
a room, d,^elling or premises that a person occupies committed by or on behall of its oMer,
landlord or lessor;
4. Oral or \ ritten publication, in any manner, ot msteriai lhst slanders or Iibels a person or
organization, or disparages a person's or organization's goods, products or services;
5)
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LX9799 (10/O5)Paga 17 ol 24
ffi page 43 of 163
5. Oral or witEn publication, in any manner, o{ material tlat violat€s a person's right oi privacy;
6. The use of another's ad\rertising idea in your " advertiseme nt"; or
7. lnfingement upon anottler's copyright, trade dress or slogan in your "ad\ertsement".
S. "Policy period" maans the period o{ time from the inception dae shovtrl in ltem 2 ol the
Declarations to the earlier o{ the e)eiration dae shoun in ltem 2 ol the Declarations or the ef{€ctive
dat€ of termination of this policy.
T. "PollutanB" means any solid, liquid, gaseous or thermal irritant or contaminant including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and waste. WasE includes materials to be recycled,
reconditioned or reclaimed.
U. " Products-completed operations hazard" means all "bodily injury" and 'property damage" occurring
a\ €y ftom premises you ovfi or rent and arising out oI 'your product" or "your v\ork" except:
1. Products that are still in your physical possession; or
2 Work trat has not yet been complet€d or abandoned. Hov\EVer, 'your \ ork" v\ill be deemed
completed at the earliest oI the folloving times:
a. When all oJ the raork called lor in your confact has been completed;
b. Wtren all o, the Mork to be done at d1e job site has been complet€d it your contract calls for
v\ork at more than one job site; or
c. \&hen that part oI the !rcrk done at a job site has been put to its intended use by any
person or organization otler than another contractor or subcontractor v\o(king on the same
proiect.
Work that may need service, maintenance, corrBction, repair or replacement, but which is
ofrer' ise compleb, \,ill be feated 6s completed.
'Products-completed operadons hazard" does not include "bodily iniury" or "property damage"
arising out of
1. The ransponation of propeny, unless the iniury or damage arises out oI a condition in or on a
vehicle not ovned or operated by you and that condition \Es created by the loading or
unloading (meaning "loading or unlosding" but v\ith respect to a vehicle) ol that vehicle by sny
"lnsured"; or
2 The etstence of tools, uninstalled equipment or abandoned or unused materials.
V. "Property damage" means:
1. Physical injury to tangible property. including all resulting loss ol use of that property. All such
loss of use \ill be deemed to occur at the time oJ the physical iniury that caused it; or
2 Loss ol use of tangible property that is not physically injured. All such loss o{ use will be
deemed to occur at the time ol the "occurrence" that caused it.
For the purposes of fiis insurance, electronic data is not tangible property.
As used in this defnition. electronic data means inlormation, facts or programs stored as or on,
created or used on, or tansmitEd to or ftom computer softr 6re, including systems and applications
softvL€re, hard or foppy disks, CD-RO|VE, bpes, drives, cells, data processing devices or any
other media \ trich are used uith electronically contolled equipment.
W. " Retained Arnount" means:
1' The totat applicable limis ol "scheduled underllng insurance" (plus any "Sell-lnsured" retention
applicable trereto) and any applicable "otrer insurance" providing co\€rage to the "lnsured"; or
2 The "Sel{-lnsured Retention" applicable to each "occurrence" that results in damages not
covered by "scheduled underllng insurance" nor any applicable "oth€r insurance" providing
coverage to the "lnsured
"
56
OC-UMBB
1X9799 t 10/05t Paso 18 of 24
F#**ffi page 44 ol 163
X. "Scheduled underlying insurance" meansr
1. The policy or polici€s oJ insurance and limits ol insurance (plus any selfinsured retention
applicable thereto) shovn in the Schedule ot Underlying lnsurance; and
Z Altomatically any rene\ al or replacement o{ any policy in Paragraph 1 above, provided that
such reneu€l or replacem€nt provides equivalent coverage to and a{Iords limits of insurance
equal to or greater fian the pdicy being renev\ed or replaced'
"scheduled underlying insurance" does not include a policy o{ insurance specifcally purchased to
be excess ot this policy at{ording co\€rage that this policy also aliords.
Y. "Self-lnsured Retention" means the amount that is shov'r, in ltem 4 of the Declarations'
Z. "Suit" means a civil proceeding in which damages bacause ot "Bodily lniury", "Property Damage",
or "personal and advertising iniurv" to vhich this policy applies are alleged "Suit" includes:
1. An arbiuation proc€eding in uhich such damages are claimed and to \f,iich fie "lnsured' must
submh or does submit \ itt our consenu or
2 Any other alternative dispub resolution proceeding in uhich such dsmages are claimed and to
wtrich the "lnsured" submits \ ith our consent.
AA.,'Tempofary vrorker" means a person 'dro is furnished to you to substitute lor a p€rmanent
"employee " on leaw or to meet seasonal or short-term \ orkload conditions '
BB..Volunteer \ofker',, means a person \^ho is not your 'employ€e" and v*lo donates his or he aork
and acts at tre direction of and rir,ithin the scope ol duties determined by you, and is not paid a fue,
salary or other compensation by you or anyone else {or theil \^ork perbrmed lor You'
CC."Your product" means:
1. Any goods or products, otler f]an real property, manufucfured, sold, handled, distributed or
disposed ol by:
a, You;
b. Others tading under Your name; or
c. A person or organization whose business or assets you have acquired; and
2 Containers (other than vehicles), materials, parts or equipment furnished in connection \ ith
such goods or Products.
"Your product" includes:
1. Warranties or representations made at any time rdth respect to tre ftness, quality, durability,
performance or use ol "your product"; and
Z The providing o{ or lailure 10 provide v\arnings or instructions.
"your product" does not include vending machines or other property rented to or located br the
use of others but not sold.
DD."Yor-rr raork' means:
1. Work or operations perform€d by you or on your behalf; and
2 Materials, parts or equipment furnished in connection \ith such \ /ork or operations'
,,YoUr \,lork" includes:
1. Warranties or representations made at any time with respect to the ftness, quality, durability,
perbrmance or use of "Your Work"; and
2 The providing ol or failure to provide warnings or instructions'
sEcroN vl - coNDlTloNs
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LX9799 ( 10i051 PagG 19 of 24
ffi page 45 of 163
A. App6als
ln the event the first Named lnsured or the frst Named lnsured's underlying insurer (il Spplicable)
elect(s) not to appeal a judgement in excess of the "Retained Arnount", \e may elect to m6ke
such appeal at our o\n cost and epense, and rare shall be liable lor the taxable costs 8nd
disbursements and interest incidental thereto, but in no event shall our liability tor dsmages excood
the sum set {orth in the Doclaration's for any one "occurrence", including the cost and e}pensc o{
such appeal.
B. Examinstion of Your Books and Records
We may audit and examine your books and records as they relate to this policy at any time during
the period of this policy and ior up to three (3) years after the epiration or Ermination of this
policy.
C. Bankruptcy or lnsolvency
Your receivership bankruptcy, insolvency or inability to pay or the receivership bankruptcy,
insolvency or inability to pay o, any of your underlying insurers \ ill not relieve us trom the payment
ol damages covered by this policy. But under no circumstances ! ll such receivership bankruptcy,
insolvency or inability to pay in any \ /ay increase or expand our liability or require us to drop do\n,
replace or assume any obligation under "scheduled underlying insurance".
D. Cancollation
1. The first Named lnsured showt in the Declarations may cancel tr]is policy by mailing or
delivering to us advance witten notice o, cancellation.
2 We may cancel this policy by mailing or delivering to fie frst Named lnsured raritten notice ol
cancellation at least:
8. 1O days before the effuctive date o, cancellation i{ vre cancel for nonpayment of premium; or
b. 30 days before the efiectiw date o, cancellation il rne cancel br any other reason.
3. We rnill mail or deliver our notice to the frst Named lnsured's last mailing address knovn to us.
4. Notice of cancellation l^ill state the efrective dae of cancellation, The "policy period" vrill end
on fiat date.
5. li this policy is canceled, v\€ \ ill send fre first Named lnsured any premium refund due. 11 vlE
cancel, the refund \ill be pro rata, lf the 6rst Named lnsured cancels, earned premium vrill be
calculated in accordance v\ith the customary shon-rate tabl€ and procedure, or the Mnimum
Earned Premium at lnception of the policy shov'n in ltem 5 of the Declarations, \ hich ever is
greabr. The cancellation \ ill be erfuctive even if ' t have not made or otfered a refund.
6. lf notice is mailed, proo, of mailing will be suffcient prool o{ notice.
E. Change ln Contlol
lI during the "policy period":
'1. the frst Named lnsured designated in ltem 1 o, the Declarations consolidates v\itr or m€rges
into, or sells all or subGtantially all ot its assets to any person or entty; or
2 any person or entity acquires an amount of the outstanding owlership interests representing
more than 507o of tre voting or designstion po\er lor the election o, directors o, the first
Named lnsured designated in ltem 1 of the Declarations, or acquires the voting or designation
rights of such an amount o, ov{tership interests;
This policy vrill continue in full force and effect as to "bodily injury" and "property damage" that
occur prior to the erfuctive date o{ such transaction and "personal and advertising injury" caused
by an "occurrence" that takes place prior to the effective date ol such tansaction. There vrill be
no coverage atforded by this policy ior 'bodily iniury" or "property damage" that occurs on or after
the effective date of such transaction and "personal and advertising iniury" caused by an
"occurrence" t'rat takes place on or a{ter the effuctive date of such transaction.
OC.UMBR
1X9799 t 10/G5l Paga 20 ot 24
I}TE{Effi page 46 of 163
F. Changes
Notice to or knovliedge possessed by any person shall not aflect a v\aiver or change in any pan of
this policy or stop us ftom assening any rights under the Erms oI this policy, nor shall the terms of
this policy be uEived or changed, except by endorsement issued to lorm a part hereof, signed by
an authorized representadve oI the Company'
G. Duties in the Event oI an Occurrence, Glaim or Suit
1. You must see to it trrat \e are notified as soon as practicable oI an 'occurrence" that may
result in a claim or "suit" under this policy. To the extent possible, notjce should include:
a. How, \ hen and vJrere the 'occurrenc€" took plSce;
b. The names and addresses oJ any injured persons and any 'aitnesses; and
c. The nature and location ol any injury or damage arising out of the "occurrence".
2 lf a claim is made or "suit" is brought against any "lnsured" r,tftich is reasonady likely to
involve this policy, you must notify us in witing as soon as practicable on lhe assumption that
an "lnsured" is liable for the damages claimed.
Written notice should be mailed or delivered to:
AIG-Lexington
c/o ACPC
P.O. Box 293'l 18
Nashville, TN 3722931 18
Claim repofting information can also b€ lound on our v\€bsite, !4u4!-qi!!!9d!lc!g-99.q9!!
3, You and any other involved "lnsured" must;
a. lmrnediately send us copies o, any demands, notices, summonses or legal papers received
in connection , ith the claim or "Suit";
b. Auhorize us to obtain records and other inlormation;
c. Cooperate vr,ith us in the investigation, set6ement or de{ense o{ the claim or "Suit"; and
d. Assist us, upon our request, in tie enlorcement o, 8ny right against any person or
oroanization that may be liable to the "lnsured" because of injury or damage to hhich this
insurance may also apply.
4. No "lnsured' r,,\ill, except at trat "lnsured's" ovtr! cost, voluntarily make a payment, assume any
obligation or incur any expense, other than for first aid, \ ithoJt our consent.
H. lnspgction
We have the right, but are not obligated, to inspect your premises and operations at any tme. Our
inspectjons are not safuty inspections. They relate only to the insurabilitY o, your premises and
operations and the premiums to be charged. We may give you reports on the conditions that v\,e
find. We may also recommend changes. We do not, hoMtver, undertake to periorm the duty oI
any person or organization to provide for the health or safuty of your "employees" or the public.
We do not v\arrant the health and sabty conditions of your premises or operations or represent ttat
your premises or operatons comply \ ith lav\€, regulations, codes or standards.
l. Legal Actions Against Us
No person or organization has a right under this policy:
1. To jcin us as a psrty or othervrise bring us into a 'suh" asking ior damages {rom an "lnsured";
or
2 To sue us under this policy unless all o, its terms have been fully complied \ ith.
A person or organization may sue us to recover on an agreed settlement or on a final judgment
against an "lnsured"; but \ E \ ill not be liable ,or damages that are not payable under this policy or
that are in excess of tle applicable limiB o{ insurance oI his policv. An agreed settlement means
a settlement and release of liability signed bv us, the "lnsured" and the claimant or the claimant's
legal representative,
oc"utmR
tx9799 t ',lo/o5)Pasc 21 oi 24
I
I
ffi pago 47 of 163
J. Maintonanco ot Schoduled Undorlying lnsurance
You agree that during the "policy period":
1. You Wll keep "scheduled underlying insurance" in full force and €ffuct;
2 The terms, defnitions, conditions and exclusions o{'scheduled underlying insurance" \ill not
materially change;
3. The total applicable limits of "scheduled underlying insurance" \ ill not decrease, excepl for any
reducton or e*raustion of aggrogat€ limiG by payment of damages to wttich this policy applies.
4. Any rene\6ls or replacements of "scheduled underlying insurance" \ill provide equivslent
coverage to and aflord limits of insurance equal to or greater tran the policy being renev\€d or
replaced.
lf you fail to comply \^itr\ these requirements, vre vrill be liable only to t)e same exEnt tlat \ ,e
raould have, had you fully complied \ ith these requirements.
K. Other lnsuranc€
lf other valid and collectible insurance applies to damages that are also covered by tlis policy, this
policy ' ill apply excess ol tle "oth€r insurance", Houever, this provision \ ill not apply if the other
insurance is specifically witen to be excess oI this policy.
L. Promium and Audit
1. We rnill compute all premiums for this policy in accordance \ ith our rules and rates
2 l! t,e premium for this policy is a iat premium, it is not sutiect to adiustment, except fiat
additional premiums may be required ior any additional e&osure and/or "lnsureds", or as
provided {or in Condition D Cancellation. The premium shov'n in ltem 5 of the Declarations as
the Total Advance Premium is a deposit premium only. l{ the policy is subject to audit
adiustment, fie actJal e&osure base \ ill be used to comput€ the earned premium. It the
learned premium is glester than the Advance Premium, the frst Named lnsured will pay the
difbrence to us due and payabie upon notice. Subiect to the Annual Mnimum Premium show-t
in ltem 5 of fie Declarations, il the earned premium is less than the Total Advance Premium,
rae vrill return the dif{erence to the first Named lnsured.
3. The frst Named lnsured must keep records of the information rae need ,or premium
computation, and send us copies at such times as v\€ may requ€st. The frst Named lnsured
sho\Mr on the Declarations is responsible for the payment o{ all premiums and Wll be the payee
for any return premiums \ e pay.
M. Roprssentalions ol Fraud
By accepting this policy, you agree:
1. Th€ statements in the Declaratons arc acctJIala and 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 of fraud by you as it relat€s to this policy or any claim or "suit"
under this policy.
N. Soparstjon of "lnsurods "
Except \ ith respect to the limits o{ insurance o{ this policy and rights or duties specifcslly
assigned to the frst Named lnsured designated in hem 1 of the Declarations, this insurance applies:
1. As il each "Named lnsured" uere the only ''Named lnsured"; and
Z Separately to each "lnsured" against v*rom claim is made or 'Suit" is brought,
O. Transfer of Rights oI Becovery
1. lf any "lnsured" has righB to recover all or part oI any payment \E have made under his
policy, those rights are transferred to us, The "lnsured" must do nothing a{ter loss to impair
these rights and must help us enlorce them.
0
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LX979S ( 1(rios)Paga 22 ol 24
F##ffi page 48 of 163
2 Any recoveries v\ill be applied as iollo\,16:
8. Any person or organizaton, including the "lnsured", that has paid an amount in excess of
the applicable limits of insurance of this policy vrill be reimbursed frst;
b. We then \ ill be reimbursed up to the amount u€ have paid; and
c. Lasty, any person or organization, including the "lnsured" that has paid an amount over
\^trich this policy is excess is entided to claim the remainder.
Erpenses incurred in the exercise oJ rights ol recovery l|i\ill b€ apportjoned among the persons or
organizations, including the "lnsured", in the ratio of their respective recoveries as fnally setded,
3. lr, prior to the time ol an 'occurrence", you and the insurer of "scheduled underlying
insurance" raaive any right OI recovery against a SpeCifiC person Or Organization frOr injury or
damage as required under an "insured contact", vre r'r'ill also raaive any rights u,e may have
against such person or organization
P. Transler ol Your Rights and Duties
Your rights and duties under this policy may not be transfurred ,^,ithout our witten consent
It you die or are legally declared bankrupt, your rights and duties v\ill be ransrerred to your legal
representative, but only vhile acting vrithin the scope of duties as your legal representative.
Houpver, notice ot cancellation sent to fie frst "Named lnsured" designated in ltem 1 of $e
Declarations and mailed to the address show"r in this policy v\ill be surficient notice to effect
cancellation o{ this policy.
O. Service ol Suit
It is agreed that in the event oI our jailure to pay any amount claimed to be due hereunder, \ €, at
the request of the "lnsured", v\.ill submit jurisdicton o{ a court o{ competent jurisdiction vithin the
United States. Nothing in this condition constitutes or should be understood to constitute a \ aiver
o{ our rights to commence an action in any coun oI competent jurisdiction in the United States, to
remove an action to I United States Disfict Court or to seek a transrer of a case to another court
as permitted by the lane oI trle United States or o, any state in the United States. lt is further
agreed that service of process may be made upon counsel, Legal Department, Lexington lnsurance
Company, 99 High Sreet, Boston, Massachusetts O2110. or his or her representative, and t'rat in
any "suit" instituted against us, upon this policy, \ € vrill abide by the fnal decision of such court or
ol an appellate court in the event ol an appeal.
Further, pursuant to any statute o, any state, territory, or district ol the United States wftich makes
provision therelor, ue hereby designate the Superinbndent, Commissioner, Director of lnsurance.
or ofrer officer specified for that purpose in the statute, or his or her successor or successors in
office aS our t.ue and law{ul attorney upon vli|lom may be Served any lawfi.rl process in any action,
"suit" or proceeding instituted by or on behalf ol you or any benefciary hereunder arising out ot
this contract of insurance, and hereby designate the Counsel, Legal Department, Lexington
lnsurance Company. 99 High Street, Boston, Massachusetts 02110, as the person to \^hom the
said officer is authorized to mail such process or a true copy thereol
R. Arbit ation
Not\ ithstanding Condition O. Service ol Suit, above, in the event o, a disagreement as to the
interpretation of this policy (except \ ifi regard to vrtrether this policy is void or voidable), it is
mutually agreed trat such dispute shall be submitted to binding arbitation belore a panel of three
(3) Arbitrators consistng of t\,o (2) party-nominated {non-impanisl) Arbitrators and a third (impanial)
Arbitrator (hereina{ter "umpire") as the sole and exclusive remedy.
The party desiring arbitation oI a dispute shall notjfy the other party, said nodce including the
name, address and occupation of the Arbitrator nominated by the demanding party. The other party
shall, v\ithin 30 days lollo'rring receipt oI the demand, notify in witing the demanding party ol the
name, address and occupation of the Arbitrator nominated by it. The t\,1o (2) arbitators so selected
shall, \^ithin 3O days of the appcinrnent or lhe second Arbitrator, select an umpire. l, the Arbitrators
are unable to agree upon an umpire, the selection o, the umpire shall be submitted to the Judicial
Arbftration and [ilediation Services (hereinafEr, "JAl/6"), The umpire shall be selected in
accordance vrith Rule 15 (as mav be amended {rom time to time) oI the JAMS Comprehensive
Arbitration Rules and Procedures tor the selection o, a sole arbifator.
OC.UNjts R
LX9799 ( 10/05)Pos. B ot 24
I
I
ffi pag8 49 of 163
The panies shall submit their cases to the panel by ,,1,(itEn and oral evidence at a hearing time and
place selected by the umpire. Said hearings shall be held \^ithin 30 days oI the selection o, fie
umpire. The panel shall be relieved of all judicial formality, shall not be obligated to adhere to the
strict rules o{ law or ol evidence, shall seek to enforce fie intent of the parties hereto and may
refur to, but are not limited to, relevant legal principles. The decision ot 8t least tr o (2) o, the
three (3) panel members shall be binding and fnal and not subject to appeal except for grounds o{
taud and gross misconduct by the Arbitrators, The aM€rd \ ill be issued vrithin 3O days ol the
close of the hearings. Each party shall bear expenses of its designabd Arbitrator and shau jdnty
and equally share vr,ith the oher the epense ot f\e umpire and the arbigation,
The arbitation proceeding shall take place in the vicinity of the frst Named lnsured's mailing
address as showr in the Declarations or such other place as may be mutually agreed by the frst
Named lnsured and us. The procedural rul€s applicable to tris arbitration shall, except as provided
otherv'r,ise herein, be in accordance v\ith tne JANTS Comprehensive Arbitration Bules and
Procedures.
lN WTNESS wHEBEOF, \€ have caused this policy to be executed and attested, but this policy \ill
not be valid unless countersigned by one o{ our duly aulhorized represe ntatives, wtrere required by law.
,e,k lra.ld*,{*ird#.
o c,utltBR
LX9790 ( 10i05t PEg. 24 ol 24
H:iEllrffi page 50 of 163
Loighton Group lnc
8A3R7084312243G
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET WAIVER OF SUBROGATION
This erdorsernent modi6es insurance provided under the follot,ving
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
The following replaces Paragraph A.5., Transter of
Rlghts ot Recovery Agalnst others To lJs, of the
CONDITIONS Sec,tion:
5. Transier Of Rights Of Recoyery Against Oth-
ors To Us
We waive any right of recovery we may have
against any person or organization to the extenl
requited of you by a written contract executed
prior to any 'accident" or 'loss", provided that the
'accident" or'loss' arises out gf the operations
conlemplated by such contracl The waiver ap-
plies only to the person or organization desig-
nded in such contract.
44ii:l
cA T3 40 02 15 O2015 Ih6 Trsvolors hdomn y Compeny. Allnghl6 res6r!€d.
lndude€ copyfl0hl6d m€l6nel ol lnluaanca S6rvrc6s Oltic6, lnc, wh lb p€rmrssron
Page 1 of 1
l+4dt
H+tiifr
page 52 of 163
Leighlon Group lnc
BA3R70843r2243G COIvIMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - PRIMARY AND
NON.CONTR!BUTORY WITH OTHER !NSURANCE
This endorsement modifies insurance provided under the follorving
BUSINESS AUTO COVERAGE FORM
PROVISIONS
l. The following is added to Paragraph A.l.c,, Who
ls An lnsured, of SECTION ll - COVERED
AUTOS LIABILITY COVERAGE:
This includes any person or organization who you
are required under a writlen contract or
agreement between you and that person or
organizalion, that is signed by you before the
"bodily injury" or "property damage" occurs and
that is in effect during the policy period, to name
as an additional insured for Covered Autos
Liabiljty Coverage, but only for damages to which
this insurance applies and only to the erdent of
that person's or organization's liability for the
conducl of anolher "insured".
2. The follo\ding is added to Paragraph 8.5., Other
lnsurance of SECTION lv - BUSINESS AUTo
coNDtTtoNs.
RBgardless 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 an
addrtional insured person or organization is the
first named insured when the written contrad or
agreement between you and that person or
organEation, that is signed by you before the
"bodily injury" or "property damage" occurs and
that is in effect during the policy period, requires
this insurance to be primary and non-contributory.
4465
cA T4 74 02 16 u 2016 The Travelers lndemnlv Company All rights reseryed
lnoludes copynghted materElof nsurance Servlces Omce lnc lYlth lB permission
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}i,f;:rtffi page 54 of 163
,-.
TRAVELERSJ WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICYONE TOWER SQUARB
IIARTFORD ET 05183
ENDORSEMENT WC990376( A)- OOT
POLICY NUMBER: UB1 Rsosa8l2243G
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT - CALIFORNIA
(BLANKET WAIVER)
we have the right to recover our payments from anyone liable for an inlury covered by this policy. we will not
enforce our right against the person or organiztion named in the Schedule.
The additional premium for this endorsement shall be 2 - oo % of the California workers' compensation pre-
mium.
schedule
Person or Organlzatlon
ANY PERSON OR ORGANTZATION POR
T{IIICH TBE TNSI'RED HAS AGREED
BY WRITTEN COIfTRACT BXBCMED
PRIOR TO I,OSS TO PTIR.!'ISH THIS
WAIVER .
Job Description
AllOp€rations
This endorsement chanqes 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 policy.)
Endo6ement Effectlve O9/O112o22 Policy No. UB1R5O99812243G Endorsement No.
lnsured Loighlon Group lnc Premium
lnsurance Company
446 t
DATE OF ISSUE:ST ASSIGN:
Countersigned by
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