2022/02/14 Leighton Consulting, Inc. (30)B,#r?- {+Lrt+.-t{BffiJ
Client#: 1257M9 3O5LEIGHGRO
ACORD, CERTIFICATE OF LIABILITY INSURANCE
COVEFAGES CEFTIFICATE NUMBER REVISION NUMBEB
CEFTIFICATE HOLOEF CANCELLATION
City ol Mentlee
29714 Haun Boad
Menlleo, CA 9258Fm0O
SHOULD ANY OFTHE ABOVE DES€BIBED POLICIES BE CANCELLED BEFOFE
THE EXPIFATION DATE THEBEOF, NOTICE WILL BE OELIVEBED IN
ACCOROANCE wlTH THE POLICY PBOVISIONS-
AIJITIORZED REPFESENTATIVE
L*ar-- C..-^q*y
12t19t2022
THIS CEBTIFICATE IS ISSUED AS A MATTEB OF INFOBMATION ONLY AND CONFEFS NO RIGHTS UPON
CEBTIFICATE DOES NOT AFFIBMATIVELY OB NEGATIVELY AMEND, EXTENO OB ALTEB THE COVEFAGE AFFOBDED BY THE POLICIES
BELOW. THIS CEBTIFICATE OF INSURANCE OOES NOT CONSTITUTE A CONTBACT BETWEEN THE ISSUING INSUREF(S}. AUTHORIZEO
REPFESENTATIVE OR PBODUCER. AND THE CEFTIFICATE HOLOER.
IMpOFTANT: I th. ccrttfic6l. hotder ts an ADOITIONAL lNSUFEO. rho policy(ies) must have ADOITIONAL INSoBED provi!iona or be 6ndorsed
ll suBBoGAT|oN ls wAlvED, orJbicct to the tormr snd condltioho ol the policy, cenaln policies may roquire an .ndorsemenl. a atltcment on
THE CEFTIFICATE HOLDER. THIS
lhla cortificsle dooa not cont.r any ri9hts to lh. certiticet6 hold.. in lieu of such endorscmenl(a)
lpHor/E FAX
| (re. No. En) (,A,/c. No)
i-JHEss certscA @Mccrlfl.com
INSUhE F(S) AFFOF DIIIG COVENAGE
. rNsuFEBA. LGxlngton lnlursnc! comp€ny
rNsuFER B Travalars Proporty Caaualty Co ol Am.r
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McGrifl lnsurance Servlce3
130 Theory Sts 200
lrvlne, CA 926'17
7t4 941.2800
Lelghton Group lnc
17781 Cowan Ste. 1m
lrvlns, CA 92614-6009
rUS IS TO CENIITY THAT THE POLICIES OF INSUBANCE LISTED BELOW HAVE AEEN ISSUEO TOTHE INSURED NAMED ABOVE FOB THE POLICY PEBIOO
INDICAIED, NOTWIHSTANOING AiIY NEOUINEMENT, TERM OB CONDITIONOF ANY CONTHACT OR OIhER DOCUMENI WIIH RESPECT TO WHICH THIS
CEFTIFICATE MAY AE ISSUEO ON MAY PEBTAIN, IHE INSUBANCE AFFOHDED EY THE POLICIES DESCHIBED HEBEiN IS SUBJECT TO AU THE TEFMS,
EXCLUSIONS AND CONDI'TIoNS OF SUCH POLICIES LIMIIS SHOWN MAY HAVE EEEN FIEDUCED BY PAID CLAIMS'
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BOOILY INJUFY (Pi Ddton)L-,
BOOILY NJURY iPd E..lmi)
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NOTE THE ABOVE CAPTIONED GENEFII- LIEgIUTV, AUTO LIABILITY ANO UMBRELLA LIABILITY POLICIES WERE CANCELLED
EFFECTIVE 11/1/2022. MCGRIFF IS NO LONGEB THE INSURANCE BROKEB ON THE OTHER COVERAGES OISPLAYED ON THIS
cERTtFtCATE AS OF 1111t2O22. PLEASE CONTACT LEIGHTOI{ DIRECT (NIKHILA SFIRANGPATNA .
srirangpatna@ teightongroup.com) FOR A CURHEiIT CEHTIFICATE OF INSURAt'lCE. THIS CEBTIFICATES BEPLACES AND
SUPERSEDES ANY PREVIOUSLY ISSUED CERTIFICATE.
(S6e Attached Doscrlptlons)
4523
ACOBD 25 (2016/03) 1 ol2
*s312275441M312042A7
The ACOFID nam. and logo sre registor.d marke ol ACOFID
SY1
page 110 of 163
@ 1980"2015 ACOFD CORPOBATION. All rlghts rosoruod
I
I
SCI]EDULED
NON-OWNEO
ffi page 111 ol 163
DESCRIPTIONS (Continued from Page t)
Cerllllcals is subiect to policy limlts, conditions and qxcluslons.
Rs: Prol *11051.010 CIP 21-13 (Mccall Blvd Resurlaclng-Encanto to Antelope) Materlals T€sting & Geotechnical
Servlces. Clty ol MBnllee and lts otllcers, smploye€s, ag€nts, and aulhorEed volunlesrs are lncludqd as
additional insured as respects lq Genoral Llablllty and Commercial Auto covorages as required by writton
Contract. General Llabllity and Auto Llablllty coverago3 are primary and noncontrlbutory as requlred by
wrlnen contract. Waiver ol Subrogatlon is included wllh resp€ct Gqneral Liability, Auto Lbbillty, Workers
Compensatlon as roqulrod by wrltton contrrcl, Umbrella Liablllty ls lollow lorm sublect to pollcy lorms,
terms, condltions, oxclusions and endorsements. 9GDay Nollce ol Cancsllatlon, Excopl tor lGDays lol
Nonpayrnent ot Premium applles to General Llablllty a3 requlred by wrltten cordract.
4t24
SAGITTA 2S.3 (201d031 2 ol 2
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Leighton Group lnc
8A3R7084312243G
BUSINESS AUTO COVERAGE FORM
page 112 of 163
COMMERCIAL AUTO
ca 00 0t 1013
SECTION I - COVEREO AUTOS
Item Two of the Declarations shows the "autos' that
are covered'autos" for each of your coverages. The
following numerical symbols describe the'autos" that
may be covered "autos". The symbols entered next to
a coverage on the Declarations designate the only
"aulos- that are covered "autos".
A. Descrlption of Covered Auto De3lgnatlon
Symbols
Various provisions in this policy restrict coverage.
Read the entire policy caretully to determine rights,
duties and what is and is not covered.
Throughout this policy the words "you" and "youf
refer to the Named lnsured shown in the Declarations.
The words "we", 'us- and 'ouf refer to the company
providing this insurance.
Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V -
Detinitions.
Symbol Description Of Covered Auto Oeslgnation Symbols
1 Any "Auto"
2 Owned 'Autos"
Only
Only those'autos" you own (and for Covered Autos Liabilily Coverage any
'trailers" you don't own while attached to power units you own). This includes
those "autos'you acquire ownership of affer the policy begins.
J Owned Private Only the private passenger "autos" you own. This includes those private
passenger "autos' you acquire ownership of afler the policy begins.Passenger
"Autos" On
4 Owned
"Autos' Other
Than Private
Passenger
'Autos" Only
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 privale passenger
type you acquire ownership of after the policy begins.
Owned "Autos'
Subject To
No-fault
Only those "autos" you own that are required to have nG'fault benefits in the state
where they are licensed or principally garaged. This includes those "autos" you
acquire ownership of afler the policy begins provided they are required to have no-
lault benefits in the state where are licensed or nnct I
6 Owned 'Autos"
Su bject To A
Compulsory
Unrnsured
Motorists Law
Only those "autos" you own thal because of the law in the state where they are
licensed or principally garaged are required to have and cannot reject Uninsured
Molorists Coverage. This includes those "autos" you acquire ownership oi afrer the
policy begins provided they are subject to the same state uninsured motorists
I irement
7 Specifically
Described
"Autos'
Only those "autos" described in ltem Three of the Declaralions for which a
h h (d for Covered AutOS L ab ty Coverage anv t a IepremUmCargSSan
don,t e attached to an Un t descnbed n tem Three
8 Hired "Autos"
Only
Only those'autos" you lease, hire, rent or borrow. This does not include any'auto"
you lease, hire, rent or borrow from any of your "employees", partners (if you are a
partnership), members (if you are a limited liability company) or members of their
households.
9 Non-owned
'Autos" Only
Only those'autos' you do nol own, lease, hire, rent or borrow that are used in
conneclion 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
4525
@ lnsurance Services Offlce, lnc., 2011 Page I of 12cA 00 01 1013
ffi
B. Own6d Autos You Acqulrc After The Pollcy
Beglns
'1. lf Symbols '1,2,3, 4,5, 6 or 19 are enlered
next to a coverage in ltem Two of the
Declarations, then you have coverage for
"autos" that you acquire of the type described
for the remainder of the policy period.
2. But, if Symbol 7 is entered next to a coverage
in ltem Two of the Declarations, an "auto" you
acquire will be a covered 'auto" for that
coverage only if:
a. We already cover all "autos" lhat you own
for thal coverage or it replaces an'auto"you previously owned that had that
coverage; and
b. You tell us within 30 days afrer you acquireit that you want us to cover it for that
coverage.
c. Certaln Trallers, Moblle Equlpment And
Temporary Subgtltute Autos
lf Covered Autos Liability Coverage is provided by
lhis Coverage Form, the following types of
vehicles are also covered'autos" 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 ol its owner as a temporary
substitute for a covered 'auto' you own that is
oul of service because of its:
a. Breakdown;
b. Repair;
c. Servicing;
d. "Loss": or
e. Destruction.
pago 113 of 163
SECTION II - COVERED AUTOS LIABILITY
COVERAGE
A. Covsrage
We will pay all sums an "insured" legally must pay
as damages because of 'bodily injury" or "property
damage" to which this insurance applies, caused
by an "accident" and resulling from the ownership,
maintenance or use of a covered "auto'.
We will also pay all sums an "insured" legally must
pay as a "covered pollulion cost or expense" to
which this insurance applies, caused by an
"accident" and resulting from the ownership,
maintenance or use of covered "autos". However,
we will only pay for the 'covered pollution cost or
expense" if there is either 'bodily inlury" or
"property damage" to which this insurance spplies
that is caused by the same "accident".
We have the right and duty to derend 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 invesligate and settle any claim or "surt"
as we consider appropriate. Our duty to defend or
settle ends wtlen the Covered Autos Liability
Coverage Limit o, lnsurance has been exhausted
by payment ofjudgments or settlements.
'l . Who ls An lnsurod
The following are "insureds":
a. You for any covered'auto'.
b. Anyone else while using with your
permission a covered "auto" you own, hire
or borrow except:
(l) The owner or anyone else from whom
you hire or borrow a covered "auto".
This exception does not apply if the
covered "auto" is a ''trailer" connocted to
a covered "aulo" you own.
19 Mobile
Equipment
Subject To
Compulsory Or
Financial
Responsibility
Or Other Motor
Vehicle
lnsurance Law
Only
Only those "autos'that are land vehicles and thal would qualify under the dofinition
of 'mobile equipment' under this policy if they were not subject to a compulsory or
fnancial responsibility law or other motor vehicle insurance law where they are
licensed or principally garaged.
4526
Page 2 ol 12 O lnsurance Services Office, lnc., 20'l l cA 00 01 1013
E{+tJ.
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(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
storing "autos" unless that business is
yours.
(4) Anyone other than your "employees',
parlners (if you are a partnership),
members (if you are a limited liability
company) or a lessee or borrower or
any of their "employees", while moving
property to or from a covered 'auto".
(5) A partner (if you are a partnership) or a
member (if you are a limited liability
company) for a covered 'auto" owned by
him or her or a member of his or her
household.
c. Anyone liable for the conduct of an
"insured" descflbed above but only to the
extent of that liability.
2. Coverago Exten3lons
a. Suppl€mentary Paymenta
We will pay for the 'insured':
(1) All expenses we incur.
(2) Up to $2,000 for cost of bail bonds
(including bonds for related tratfic law
violations) required because of an
"accident" we cover. We do not have to
furnish these bonds.
(3) The cost of bonds to release
attachments in any 'suit" against the.insured' we defend, but only for bond
amounts within our Limit of lnsurance.
(4) AII reasonable expenses incurred by the
"insured" at our request, including actual
loss of earnings up to $250 a day
because of time off fom work.
(5) All court costs taxed against the"insured" in any "suit" against the
"insured' we defend. However, these
payments do not include attorneys'fees
or attorneys' expenses taxed against lhe
"insured".
(6) All interest on the full amount of any
judgmenl that accrues afler entry of the
judgment in any "suil" against the
"insured'we defend, but our duty to pay
interest ends when we have paid,
offered to pay or deposited in court the
part of the judgment that is within our
Limit ot lnsurance.
page 1'14 of 163
These payments will nol reduce lhe Limit of
lnsurance,
b. Out-of-state Coverage Extenslons
While a covered 'auto" is away from the
stale where rt is licensed, we will:
(l) lncrease the Limit of lnsurance for
Covered Autos Liability Coverage tomeet the limits specified by a
compulsory or financial responsi!ility
law of the jurisdiction where the covered
"auto" is being used. This extensron
does not apply to the limit or limits
specified by any law governing motor
carriers of passengers or properly.
(2) Provide the minimum amounls and
types of other coverages, such as no-
fault, required of outof-stale vehicles by
the jurisdiction where lhe covered "auto'
is being used.
We will not pay anyone more than once for
the same elements o, loss because of
these extensions.
B. Exclu8lons
This insurance does not apply to any of the
following:
1. Erpocted Or lntended lnjury
"Bodily injury" or "property damage" expectedor intended from the standpoint of the
"insured".
2. Contractual
Liability assumed under any conlracl 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
rnjury" or "property damage" occurs
subsequent to the execution of the contract
or agreement; or
b. That the "insured" would have in the
absence of the contract or agreement.
3. Workers' Compensation
Any obligation for which the'insured'or the
"insured's" insurer may be held liable under
any workers' compensation, disability benefits
or unemployment compensation law or any
similar law.
452 t
cA 00 0l 1013 O lnsurance Services Office, lnc..2011 Page 3 of 12
UT#&Effi
4. Employes lndemnltlcatlon And Employefs
Llablllty
"Bodily inlury" to:
a. An 'employee' of the "insured' arising out
of and in the course of:
('l) Employment by the "insured';or
(2) Performing the duties related to the
conduct of the'insured's' business; or
b. The spouse, child, parent, brother or sister
of that "employee" as a consequence of
Paragraph a. above.
This exclusion applies:
(l) Whether the "insured" may be liable as
an employer or in any other capacity;
and
(2) To any obligation to share damages with
or repay someone else who musl pay
damages because of the injury.
But this exclusion does not apply to 'bodily
injury" to domestic "employees' not entitled to
workers' compensation benefits or to liability
assumed by the "insured" under an "insured
conlract". For the purposes of the Coverage
Form, a domestic 'employee" is a person
engaged in household or domestic work
performed principally in connection with a
residence premises.
5. Fellow Employee
"Bodily inlury" to:
a. Any fellow .employee" of the "insured"
arising out of and in the course of the fellow
"employee's" employment or while
performing duties related to the conducl of
your business: or
b. The spouse, child, parent, brother or sister
of that fellow "employee" as a consequence
of Paragraph a. above.
6. Care, Cu8tody Or Control
"Property damage" to or "covered pollution cost
or 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 Propsrty
'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
pags '1 15 ol 163
b. Afler it is moved from the covered "auto" to
the place where it is flnally delivered by the
"insured".
8. Movement Of Propsrty By Mschanlcal
Dgvlce
"Bodily injury' or'property damage" resulting
from the movement of property by a
mechanical device (other than a hand truck)
unless the dsrice is attached to the covered
"auto".
9. Oporatlons
"Bodily injury" or "property damage" arising out
of the operation of:
a. Any equipment listed in Paragraphs 6.b.
and 6.c. of the definition 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 ot "mobile
equipment" if it were not subject to a
compulsory or financial responsibility law or
other motor vehicle insurance law where it
is licensed or principally garaged.
10. Completed Operatlons
"Bodily rnjury" or "property damage" ansing outof your work afrer that work has been
complded or abandoned.
ln this exclusion, your work means:
a. Work or operations performed by you or on
your behalf: and
b. Materials, parts or equipment furnished in
connection with such work or operations.
Your work includes warranlies or
representations made at any time with respect
to the fitness, quality, durability or performance
of any of the items included in Paragraph a. or
b. above.
Your work will be deemed completed at the
earliest of the following times:
(1) When all of the work called tor in your
contract has been completed,
(2) When all of the work to be done at the
site has been completed if your contract
calls for work at more than one sitei or
(3) \ihen that part o{ the work done at a iob
site has been put to its intended use by
any person or organization other than
another contractor or subcontraclor
working on the same Projecl.
4528
Page 4 of 12 @ lnsurance Services Office, lnc., 201 1 cA 00 01 t013
ffi
Work lhat may need service, maintenance,
correclion, repair or replacement, but which is
otherwise complete, will be treated as
completed.
1l - Pollutlon
"Bodily injury" or "property damage' arising out
of the actual, alleged or threatened discharge,
dispersal, seepage, migratton, 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 lhe covered "auto':
(2) Otherwise in the course of transit by or
on behalf of the'insured":or
(3) Being stored, disposed of, treated or
processed an or upon the covered
"aulo":
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 movemenl
into or onto the covered "auto": or
c. Afler the "pollulants. or any property in
which the "pollutants" are contaaned 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 nol apply to fuels,
lubricants, fluids, exhaust gases or other
similar "pollutants' that are needed for or result
from the normal eleclrical, hydraulic or
mechanical functioning of the covered 'auto" or
its parts if:
(l) The "pollutants' escape, seeP, migrate
or are discharged, dispersed or released
directly ftom an 'auto. part designed by
its manufacturer to hold, store, receive
or dispose of such "pollutants'; and
(2) The'bodily injury", "properly damage" or
"covered pollution cost or expense"
does not arise out of the operalion of
any equipment listed in Paragraphs 6.b.
and 6.c- of the definition of 'mobile
equiPment".
pag6 116 ol '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
"rnsured" with respecl lo "pollutants" not in or
upon a covered "auto" if:
(a) The "pollutants" or any property in
which the "pollutants" are contained
are upset, overturned or damaged as
a result of the maintenance or use of
a covered "auto": and
(b) The discharge, dispersal, seepage,
migration, release or escape of the
"pollutants" is caused darectly by
such upset, overturn or damage.
12. Wat
"Bodily injury" or 'properly damage" arising
directly or indirectly out of:
a. War, including undeclared or civil war;
b. Warlike action by a military force, including
aclion in hindering or defending against an
actual or expected attack, bY any
government, sovereign or other authority
using military personnel or other agenls; 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 demolition mntest or
stunting activity, or while practicing tor such
contest or activity. This insurance also does
not apply while that covered "auto" is being
prepared for such a contest or activity.
C. Limit Of lnaurance
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 o, all damages and 'covered
pollution cost or expense" combined resulting from
any one "accident" is the Limit Of lnsurance for
Covered Autos Liability Coverage shown in the
Declarations.
45?9
ca 00 01 10 13 @ lnsurance Services Office. lnc.. 2011 Page 5 of 'l 2
ffi
All "bodily injury", "property damage" and "covered
pollution cost or expense' resulting from
conlinuous or repeated exposure to substantiallythe 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 endorsement, Uninsured Motorists
Coverage endorsement or Underinsured Motorists
Coverage endorsement attached to this Coverage
Part.
SECTION III - PHYSICAL DAMAGE COVERAGE
A. Coverage
1. We will pay for 'loss" to a covered "auto' or its
equipment under:
a. ComprBhen6lve Covsrags
From any cause except:
('l ) The covered "auto's' collision with
anolher object; or
(2) The covered "auto's" overturn.
b. Specifled Causes Of Loss Covsrago
caused by:
(l ) Fire, lighlning or explosion;
(2) Thefl;
(3) Windstorm, hail or earthquake;
(4) Flood;
(5) Mischief or vandalism; or
(6) The sinking, burning, collision or
derailment ol anY conveyance
transporting the covered "auto'.
c. Colllslon Coverag€
Caused by:
(1) The covered 'auto's' collision with
another object; or
(2) The covered 'auto's" overturn.
2. Towlng
We will pay up to the limit shown in the
Declarations for towing and labor costs
incurred each time a covered 'auto' of the
private passenger type is disabled. However,
the labor must be performed at the place of
disablement.
pago '1 17 of '163
3. Glass Broakage - Hlttlng A Blrd Or Anlmal -Falllng oblects Or Missile6
lf you carry Comprehensive Coverage for the
damaged covered "auto", we will pay for the
following under Comprehensive Coverage:
a. Glass breakage;
b. "Loss" caused by hitting a bird or animal:
and
c. "Loss" caused by falling objects or missiles.
However, you have the option of having glass
breakage caused by a covered "auto's"
collision or overturn considered a "loss" under
Collision Coverage.
4. coverage ExtonslonB
a. Tran3portatlon Expensos
We will pay up to $20 per day, to a
maximum of $600, for temporary
transportation expense incurred by you
because of the total theft of a covered
'auto' of the private passenger type. We
will pay only for those covered'autos" for
which you carry either Comprehensive or
Specified Causes Of Loss Coverage. Wewill pay for temporary transportation
expenses incurred during the period
beginning 48 hours after the theff 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 Expensas
For Hired Auto Physical Damage, we will
pay expenses ,or which an "insured'
becomes legally responsible to pay tor loss
of use of a vehicle rented or hired without a
driver under a writlen rental contract or
agreement. We will pay for loss of use
expenses if caused by:
(1) Other than collision only if theDeclarations indicates that
Comprehensive Coverage is provided
for any covered "auto';
(2) Specified Causes Of Loss only if the
Declarations indicates that Specified
Causes Of Loss Coverage is provided
for any covered "auto"; or
4530
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(3) Collision only il 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. Excluslong
'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 lo the "loss".
a. Nucloar Hazard
(l ) The explosion of any weapon employing
atomic f ssion or fusioni or
(2) Nuclear reaction or radiation, or
radioactive conlamination, however
caused.
b. War Or Mllltary Action
(1 ) War, including undeclared or civil war;
(2) Warlike action by a military force,
inciuding action in hindering or
defending against an aclual or expecte{
attack, by any government, sovereign or
other authority using military personnel
or other agents; or
(3)lnsurrection, rebellion, revolution,
usurped power or action taken bY
governmental authority 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
racinO or demolition crntest or stunting activity,
or while practicing for such contesl or activity.
We will also not pay for "loss" lo 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 contined to:
a. Wear and tear, freezing, mechanical or
electrical breakdown.
b. Blowouts, punctures or olher road damage
to tires.
This exclusion does not apply to such "loss"
resulting from the total thefr of a covered
"aulo".
4. We will not pay lor "loss' to any of the
following:
a. Tapes, records, discs or other similar audio,
visual or data electronic devices designed
for use with audio, visual or data electronic
equiPment.
page 118 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 eleclronic equipment, without regard to
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 to be operated solely by
use of the power from the 'auto's' electrical
system that. at the time of"loss", is:
a. Permanently installed in or upon the
covered'auto';
b. Removable from a housing unit which is
permanently installed in or uPon the
covered "auto";
c. An integral part of the same unit housing
any electronic equipment described in
Paragraphs a. and b. above; or
d. Necessary for the normal operation of the
covered "auto" or the monitoring of the
covered "auto's" operating system.
6. We will not pay for "loss'to a covered "auto"
due to "diminution in value".
C. Limlts Of lnsurance
L The most we will pay for:
a. "Loss" to any one covered "auto" is the
lesser of:
('t) The actual cash value of the damaged
or stolen property as of the time of the
"loss": or
(2) The cost of repairing or replacing the
damaged or stolen property with other
property of like kind and quality.
b. All electronic equipment that reproduces,
recetves or transmits audio, visual or data
signals in any one "loss" is $'1,000, if, at the
time of "loss', such electronic equipment is:
(1) Permanently instalied in or upon the
covered "auto" in a housing. openlng or
other location that is not normally used
by the "auto' manufacturer for the
installation of such equipment;
4b3l
cA 00 01 't0 I3 O lnsurance Services Office, lnc., 201 1 Page 7 of 'l 2
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(2) Removable from a permanently installed
housing unit as described in Paragraph
b.(1) above; or
(3) An integral part of such equipment as
described in Paragraphs b.(1) and b.(2)
above.
2. An adlustment for depreciation and physical
condition will be made in determining actual
cash value in the event of a total "loss".
3. lf a repair or replacement results in better than
like kind or quality, we will not pay for the
amount of the betterment.
D. D€ductlble
For each covered "auto", our obligation to pay for.
repair, return or replace damaged or stolen
property will be reduced by the applicable
deductible shown in the Declarations. Any
Comprehensive Coverage deductible shown in the
Declarations does not apply to "loss" caused by
fire or lightning.
SECTION IV - SUSINESS AUTO CONDITIONS
The following conditions apply in addition to the
Common Policy Conditions:
A. Loss Condltlons
1. Appralsal For Physlcal Damage Loss
It 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 stale separalely the actual cash
value and amounl of "loss'. lf they fail to agree,
they will submit their differences to the umpare.A decision agreed 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.
lf we submit to an appraisal, we will still retain
our right to deny the claim.
2. Outles ln The Event Of Accldent, Claim, Sult
Or Loss
We have no duly to provide coverage underthis policy unless there has been full
compliance with the following duties:
a. ln the event ot "accident", claim, 'suit' or
"loss", you must give us or our authorized
representative prompt notice of the
"accident" or "loss". lnclude:
(1) How, when and where the "accident" or
"loss" occurred;
paoo 119 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 al the "insured's"
own cost.
(2) lmmediately send us copies of any
request, demand, order, notice,
summons or legal paper received
concerning the claim or "suit".
(3) Cooperate with us in the investigation or
settlement of the claim or defense
against the "suit".
(4) Authorize us lo obtain medical records
or other pertinent information.
(5) Submit to examination, at our expense,
by physicians of our choice, as often as
we reasonably require.
c. lf there is "loss" to a covered "auto" or its
equipment, you must also do the following:
(1) Promptly notify the police if the covered
"auto" or any of its equipment is stolen.
(2) Take all reasonable steps to protect the
covered 'aulo" from further damage.
Also keep a record of your expenses for
consideralion in the settlement of the
claim.
(3) Permit us to inspect the covered 'auto"
and records proving the 'loss" bofore its
repair or disposition.
(4) Agree to examinations under oath at our
request and give us a signed slatement
of your answers.
3. Legal Actlon Agalnst Us
No one may bring a legal aclion against us
under this Coverage Form until:
a. There has been full compliance with all the
terms of this Coverage Form, and
b. Under Covered Autos Liability Coverage,
we agree in writing that the "insured" has an
obligation to pay or until the amount of that
obligation has llnally been determined by
.judgment afler trial. No one has the right
under this policy to bring us inlo an action
to delermine the "insured's" liability.
453?
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4. Lo66 Payment - Physlcal Oamage
Covorages
At our option, we may:
a. Pay for, repaar or replace damaged or
stolen property;
b. Return the slolen property, at our expense.
We will pay for any damage that results to
the "auto" from lhe thefl: or
c. Take all or any part of the damaged or
stolen property at an agreed or appraised
value.
lf we pay for the "loss", our payment will
include the applicable sales tax for the
damaged or stolen property.
5. Transfer Of Rlghts Of Rscovery Agalnst
othora To U6
lf any person or organization to or for whom we
make payment under this Coverage Form has
rights to recover damages from another, those
rights are transferred lo us. That person or
organization must do everything necessary to
secure our rights and must do nothing afler
"accident" or "loss" to impair them.
B. Gsneral CondltlonB
1. Bankruptcy
Bankruptcy or insolvency of the 'insured' or the
"insured's" estate will not relieve us of any
obligations under this Coverage Form.
2. Concealment, Mlsrepresentation Or Fraud
This Coverage Form is void in any case of
traud 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
concerning:
a. This Coverage Form;
b. The covered 'auto";
c. Your interest in the covered "auto"; or
d. A claim under this coverage Form.
3. Llberalizatlon
lf we revise this Coverage Form to provide
more coverage without additional premium
charge, your policy will automatically provide
the additional coverage as of the day the
revision is effective in your state.
4. No Bsnoflt To Ballee - Physlcal Damage
Cov6rag6a
We will not recognize any assignment or granl
any coverage for the benefit of any person or
organization holding, storing or transporting
property for a fee regardless of any other
provision of this Coverage Form.
pags 120 of '!63
5. Other lnsurance
a. For any covered 'auto. you own, this
Coverage Form provides primary
insurance. For any covered "auto'you don't
own, the insurance provided by this
Coverage Form is excess over any other
collec{ible insurance. However. while a
covered "auto' which is a 'trailed is
connected to another vehicle, the Covered
Autos Liability Coverage this Coverage
Form provides for the "trailer' is:
('l) 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 as deemed to be a covered "auto"
you own. However, any "auto" that is
leased, hired, rented or borrowed with a
driver is not a covered "auto'.
c. Regardless of the provisions of Paragraph
a. above, this Coverage Form's Covered
Autos Liability Coverage is primary for any
liability assumed under an "insured
contract".
d. When this coverage Form and any other
Coverage Form or policy covers on the
same basis, either excess or prlmary, 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. Premium Audlt
a. The estimated premium for this Coverage
Form is based on the exposures you told us
you would have when this policy began. We
will compute the frnal premium due when
we determine your aclual exposures. The
estimated total premium will be credited
against the fnal premium due and the first
Named lnsured will be billed for the
balance, if any. The due date for the final
premrum or retrospective premium is the
date shown as the due date on the bill. lf
the estimated total premium exceeds the
final premium due, the first Named lnsured
will get a retund.
b. lf this policy is issued for more than one
year, lhe 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.
,1533
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7. Pollcy Perlod, Coverage Terrttory
Under this Coverage Form, we cover
"accidents" and'losses" occurfl ng:
a. During the policy peflod shown in the
Declarations: and
b. Within the coverage territory.
The coverage territory is:
(1 ) The United States of America;
(2) The territories and possessions of the
United States of America:
(3) Puerto Rico;
(4) Canada: and
(5) Anywhere in the world if a covered
"auto" of the private passenger type isleased, hired, rented 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
merits, 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 "accidenls''
involving, a covered "auto" while being
transported between any of these places.
8. Two Or More Coverage Forms Or Pollcles
lssued By Us
lf this Coverage Form and any other Coverage
Form or policy issued to you by us or any
company afflliated with us applies to the same
"accident', the aggregate maximum Limil of
lnsurance under all the Coverage Forms or
policies shall not exceed the highest applicable
Limit of lnsurance under any one Coverage
Form or policy. This mndition does not apply to
any Coverage Form or policy issued by us or
an affliated company specifically lo apply as
excess insurance over this Coverage Form.
SECTION V - DEFINITIONS
A. "Accident'' includes continuous or repeated
exposure to the same conditlons 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 121 of 163
2. Any other land vehicle that is subject to a
compulsory or financial responsibility law or
other motor vehicle insurance law where it is
licensed or principally garaged.
However, "auto" does not include "mobile
equipment".
C. "Bodily injury" means bodily injury, sickness or
disease sustained by a person, including death
resulting from any of these.
D. 'Covered pollution cost or expense" means any
cost or expense arising out of:
1. Any request, demand, order or statutory or
regulatory requirement 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 clalm or "suit. by or on behalf of a
governmental authority for damages becauseof testing for, monitoring, cleaning up,
removing, conlaining, 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 discharge, dispersal,
seepage, migration, release or escape of
"pollutants":
a. That are, or that are contarned in any
property that is:
(l) Being transported or towed by, handled
or handled lor movement into, onto or
from the covered "auto"i
(2) Otherwise in the course of transit by or
on behalf of the 'insured"; or
(3) Being stored, disposed of, treated orprocessed in or upon the covered
"aulo";
b. Before the "pollutants" or any property in
which the "pollutants" are contained are
moved from the place where they are
accepted by the "insured' for movemenl
into or onto the covered "auto"; or
c. After the 'pollutants" or any property in
which lhe "pollutants' are contained are
moved from the covered 'auto" to the place
where they are finally delivered, disposed of
or abandoned by the "insured".
4534
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Paragraph a. above does not apply to fuels,
lubricants, fluids, exhaust gases or other
similar "pollutants" that are needed for or result
from the normal electrical, hydraulic or
mechanical functioning ol 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 rnjury", "property damage" or
"covered pollution cost or expense"
does nol 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 rn or upon a covered "aulo"
if:
(a) The "pollutants" or any property in
which the 'pollutants" are contained
are upset, overturned or damaged as
a result of the maintenance or use of
a covered "auto"; and
(b) The discharge, dispersal, seepage,
migration, release or escape of the
"pollutants" is caused directly by
such upset, overturn or damage.
E. "Diminution in value" means the actual or
perceived loss in market value or resale value
which results from a direct and accidental "loss".
F. "Employee" includes a "leased worker"-
"Employee" does not include a "temporary
worker".
G. "lnsured" means any person or organization
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
afrorded applies separately to each insured who is
seeking coverage or against whom a clalm or
'suit" is brought.
H. "lnsured contract' means:
l. A lease of premises;
2. A sidetrack agreemenl:
3. Any easement or license agreement, except in
conneclion with construction or demolition
operations on or within 50 feet of a railroad:
4. An obligation, as required by ordinance, to
indemnify a municipality, excePt in connection
with work ,or a municipality;
page 122 of '163
5. That part of any other contracl or agre€ment
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 contract or agreement: or
6. That part of any contract or agreement entered
into, as part of your business, pertaining to the
rental or lease, by you or any of your
"employees", of any 'aulo'. However, such
contract or agreement shall nol be considered
an "insured contract" to the extent that it
obligates you or any of your 'employees" to
pay for 'properly 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 ,or'bodily injury'or "property damage" arising out of
construction or demolition operations, within
50 feet of any railroad property and
affecting any railroad bridge or trestle,
tracks, roadbeds, tunnel, underpass or
crossing;
b. That pertains to the loan, lease or rental ofan 'auto" lo you or any of your
"employees', if the .auto" is loaned, leased
or rented with a dnver; or
c. That holds a person or organization
engaged in the business of transporting
property by "auto" for hire harmless for your
use of a covered'auto" over a route or
territory that person or organization is
aulhorized to serve by public authority.
l. 'Leased worker" means a person leased to you by
a labor leasing firm under an agreement between
you and the labor leasing firm to perform duties
related to the conduct of your business, 'Leased
worker" does not include a "temporary worker".
J. "Loss" means direct and accidental loss or
damage.
K. 'Mobile equipment' means any ol the follo\,r,ing
types of land vehicles, including any attached
machinery or equipment:
1. Bulldozers, farm machinery, forklifts and other
vehicles designed for use principally off public
roads:
2. Vehicles maintained for use solely on or nexl to
Premises You own or renti
3. Vehicles that travel on crawler treads;
4535
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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 construction or resurfacing equipmenl
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 atlached equipment of the
following types:
a. Air compressors, pumps and generalors,
including spraying, weldino, building
cleaning, geophysical exploration, lighting
and well-servicing equipment; or
b. Cherry pickers and similar devices used to
raise or lower workers; or
6. Vehicles not described in Paragraph 't., 2., 3.
or 4. above maintained primarily for purposes
other than the transportation of persons or
cargo. However, self-propelled vehicles with
the following types of permanently attached
equipment are not "mobile equipment" but will
be considered "autos":
a. Equipment designed primarily for:
(l ) Snow removal;
(2) Road mainlenance, but not construclion
or resurfacing; or
(3) Street cleaning;
b. Cherry pickers and similar devices mounted
on automobile or truck chassis and used to
raise or lower workers: and
c. Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
or well-servicrng equrpment.
pago 123 of 163
However, "mobile equipment" does not include
land vehicles that are sub.lect to a compulsory or
financial responsibility law or other motor vehicle
insurance law where it is licensed or principally
garaged. Land vehicles sub,ect to a compulsory 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, acrds, alkalis, chemicals and
waste. Waste includes materials lo be recycled,
reconditioned or reclaimed.
M.'Property damage. means damage to or loss of
use of tangible property.
N. "Suit' means a civil proceeding in which:
1. Damages because of "bodily injury' or
"property damage"; or
2. A'covered pollution cost or expense":
to which this insurance applies, are alleged.
"Suit" includes:
a. An arbikation proceeding in which such
damages or "covered pollution costs or
expenses" are claimed and to which the
"insured" must submit or does submit with
our consent: or
b. Any other alternative dispute resolution
proceeding in which such damages or
"covered pollution costs or expenses" are
claimed and to which the insured submils
with our consent
O. "Temporary worker" means a person who is
furnished to you to substitute for a permanent
"employee" on leave or to meet seasonal or short-
term workload conditions.
P. "Trailer" includes semitrarler.
45lh
Page 12 ol 12 @ lnsurance Services Office, lnc., 2011 cA 00 01 1013
page 124 ot 163H:ii!i#ffi
ENDORSEMENT
gzh 4/12022This ondorsement, oflective l2:01 AM
Forms a part of policy no.: 066463440
lssuod to: Leighlon Group lnc
By: LEXINGTON INSURANCE COMPANY
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS- COMPLETED OPERATIONS
(Based on CG 2037 04/13)
This endorsement modifles insrrrance provided bY the following:
COMMERCIAL GENERAL LIAB ILITY POLICY
SC H EDULE
Nsm€ of Additionsl lnsured Person(s)
or Orga nizalion (s)
Location of Completed Operations
AS REOUIRED BY I.IRITTEN CONTRACT
lnlormafion required to complete this Schodule, i{ not sho\Ml 6bove, \^ill bG shov\,n in thc DeclErations
A. Saction ll - l/fio ls An lnsuted is amended to inckrde as an additional insrrrcd the person(s) or
organizationls) 3hovm in lhe Schedttle, but only with respect to li6bility tor "bodily iniury", or
"DroDerty damaoe" caused, in v',hole or in part, by "your vmrk" at the location desiqnated and
described in the Schedrile otthis endorsement performed for that additional insured and inchrded in
the "products-completed operalions hazsrd'.
l, The insurance afforded to stJch additional insrlred onlv applies to the e{ent permined by law
end
2. ll coverage provided to lhe additional insrrred is required by a contracl or agreemont, the
insLrrance afforded to sitch additional insrrred will not he hroader lhan thal which you are
requirod by the contract or agroem€nt to Drovide tor slrch additional insured.
B. wlth respect to lhe inslrrance silorded to these addilionhl inst/reds, thc ,ollo\inq is added to
S6ction lll - Limits Ot lnsur.nco:
lf coverage provided to the addilion6l insrrrad is required by a contract or agreement, the most vl/E
will pay on behal, ol the additional insLlred is lhe amount ol insurance:
All Righis R€3€Ned
453/
*'*,tt#ffi page 125 of 163
1. Required by the contract or agreement; or2. Availahle rrndcr the applicable Limits ol lnsurance sholra.t in the Declarations;
whichever is less.
This endorsement shall not increase rhc applicable Limits ot lnsLrrsncs shovm in the Declarations
Al othcr terms and conditions of thc policy remain the same
4538
Arrthorized R ep16sentativ6
L X4:' 1 ti I U6r] 4)lnclud€B Copyrighod lnlomation ol th€ lruuranc€ SBrvicBB
Oficos, lnc v{th it6 pqrmi6sion All Rights Resaru€d
v,,";rydvu>
I
page 126 of 163ffi
ENDORSEMENT
This ondorsomonL oftectivo 1201 AM ozh Maz
Forms c ptrt ol policy no.: 065463440
lssu6d to: Leighton Group lnc
By: LEX INGTON I NSURANCE C0t{PAt'lY
PRIMAFYNON CONTRIBUTORY ENDORSEMENT
This endorsement modifies insrrrance grovided bY the policy:
Not[,ithstandin0 any olher provision ol the policy to the contr8ry, the instrrance aflorded by rhis policy
for the benefit ol the Additional lnsured shall be primsry insurance, but only \ irh respect to any claim,
loss or liability arising out oI the Named Insured's operations; and 8ny insurance m8intained by the
Addtional lnsured shall be non -contributing,
Al other terms End conditions ol the policy remain the same.
Au thorized Repr6senlalivo OR
Countorsignaturo (ln stat.s where applicablel
4539
t x!)a3a (08051
2..)Jfro//;^
page 128 of 163*?.ti/i
ffit*
ENDOBSEMENT
Th is 6nd ors6m6 nt, offectiv€'l 2iO1 AM O2/1 412@2
Forms . palt of policY no.: 066463440
lssued to: Loighton GrouP lnc
By: LEX INGTON INSURANCE C0}IPANY
WAIVER OF SUB ROGATION
(B LANKET)
It is agreed lhat v,.€, in the e\,ent of a payment under lhis policy, \rl€ive our right ol subrogation against
any person or orqaniz€tion \ here the insured has wai\€d liability ol such person or orqanization as part
ol a \r',titten contra-.tua| agreement betl/!€en the insured and srrch person or orgenizetion entered into
prior to lh6 "occurrence" or oilense.
Al olher terms and condilions remain ttnchanged
,W*--
Auth orized Repr€senlativs OR
count6rsignatu,e {ln atatos where applicoblo}
454 r
t-Exocc 234 t11o3t
t-xo486
page 130 of 163
F lt+tl
Eti[*
ENDORSEMENT
@.t14t2@2This ondorsemont, afteclivs 12:01 AM
Forms . part ol policy no.; o6Saoaaao
lssuod to: Loighlon Group lrE
Bv: LEXINGTON INSURANCE CO|'1PANY
CANCELLATION AMENDME NT
ln consideraton ol the premirrm charged, it is hereby agreed that the csncellation provision is amended
to 90 days in lierr oI l3O) days, exccpt for non-pavment ot premium which remains t10) daYs.
Al other lerms and conditions remain Unchanged
Authorized Reprssentttvo OR
Countersignaturo {ln statos where applicablel
4543
tx95a6 (0203t
//*-
Itf,;iEr
ts:iJlil6
A. Soction ll - Wtro ls An lnsured is amended to
include as an insured the person or organization
shovs'r in the Schedule, but only \^ith respect to
liability arising out of your ongoing operations
perfurmed lor that insured.
B. \Mth respect to the insurance attorded to these
additional insureds, the lollov.ing exclusion is
added:
2 E xclusions
This insurance does not apply to "bodily in-
jury" or "property damage " occurring a{@r:
page 132 of '163
(1) AI vrork, including materials, parts or
equipment furnish€d in connection !\ith
such v1,ork, on the project (other than
service, mainbnance or repairs) to be
per{ormed by or on behal{ ol the additional
insured(s) at fre site o, the covered
operations has been completed; or
12 That portion ot "your \ Drk" out of v\hich
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 perfrorming
operations br a principal as a pan of the
same proisct.
ENDORSEMENT COMMEBCIAL GENEBAL LIABILITY
cG 20 10 10 01
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDTIONAL !I\ISI..RED. OIAI\ERS, LESSEES OR
OVIRACTORS - SO+UI-ED PERSCT\I OR
ORGAI\TZANCN
This endorsement modifes insurance provided under the lollowing
COMMERCIA GENERAT LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
AS REOUIRED BY WRITTEN CONTRACT
(lf no envy appears above, information required to complete this endorsement uill be shov't't in the Declarations
as applicable to this endorsement.)
Leighton Group lnc
POLICY NUMBER ; 065'163440
5
cG 20 10 10 01
L X9605
o ISO Properties, lnc., 200O Page 'l oI 1 tr
E.li::r+
Hffi
page 134 of 163
Leighton Group lnc 006546318
LEXNGTON INSURANCE COMPANY
Administrativ€ Offices: 99 High Streot, Boston, Massachusetts 02110
Commercial Umblella Lisbility Policy
Occurrence Form
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights,
duties and v\hat is and is not covered,
Throughout this policy the v\ords "you" and "your" refur to the "Named lnsured" shov'n in the
Oeclarations and any other person or organization qualifying as an 'lnsured" under his policy. The
\,ords "v1e," "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 - COMMERCIAI UMBRELLA LIABILITY
A. We nill pay on behall o, the "lnsured" those sums in excess of lhe "Retained Arnount" that the
"lnsured" becomes legally obligaied to pay as damages because o, "bodily in,ury", "property
damage", or "personal and advenising injury" to \hich this insurance applies. Theamount\E\ill
pay is limited as described in SECTION lV - LIMITS OF INSURANCE.
No other obligation or liability to pay sums or perform acts or services is covered unless e{rlicitly
provided tor under SECTION ll - DEFENSE AND SUPPLEMENTAHY 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 injury" or "property damage" occurs during the "policy period";
3. The "personal and advertising injury" is caused by olfunse arising out ol your business, but
only i{ the offense u€s committed in the "coverage territory" during the 'policy period"; and
4. Prior to the "policy period", no "lnsured" show'r in Paragraph J.2.a. ot SECTION V
DEFINITIONS and, no officer, no manager in your risk management, insurance or legal
deparrnent and no "employee" who was authorized by you to give or receive nodce ol an
"occurrence", offense, claim or "suh", knew fiat the "bodily iniury' or 'property damage" had
occurred, in whole or in pan, or that an "occurrence" had been committed tlat caused "personal
and advenising injury". ll such an "lnsured", officer, manager or authorized "employee" knew
prior to the "policy period", that the "bodily injury" or "property damage" had occurred or trst an
"occurrence" had been committed that caused "personal 8nd advertising iniury", then any
continuation, change or resumption of such "bodily injury', "property damage" or "personal and
advertising injury" during or after the "policy period' v\ill be deemed to have been knovn prior to
the "policy period".
C. "Bodily injury", "property damage", or "personal and advenising iniury" which occurs during the
"policy period" and Mras not, prior to the "policy period", know'] to have occurred by any "lnsured"
shovn in Paragraph J.2.a, o, SECTION V - 0EFINITIONS or any olfcer, anv manager in vour risk
management, insurance or legal departrnent or anY "employee" authorized by you to give or
receive notjce of an "occurrence", offense, claim or "suit", includes any continuation, change or
resumption ol that "bodily in,ury", "propenY damage", or "personal and advenising iniury" after
the end o, the "policy period".
D. "Bodily injury", "property damage" or "personal and advertising injury" rnill be deemed to have
been knoM to have occurred at the earliest time wtren any "lnsured" shovfi under Paragraph
J.2.a. of SECTION V. DEFINITIONS, any otfcer, any manager in your risk management, insurance
or legal deparrnent or any "employee" \aho v\6s authorized by you to give or receive notice ol an
"occurrence", olfense, claim or "suit"r
1. Repons all, or any part, oJ the "bodily iniury", "property damage" or "personal and advertising
iniury" to us or any other insurer;
2 Receives a witGn or verbal demand or claim for damages because of the "bodily injury",
"propertY damage" or "personal and advertising injury"; or
oc-un an
LXS799 t 10/05)Paoc 1 ol 24
ffi pag€ 135 ol 163
3. Becomes a\Ere by any other means that "bodily injury" or "property damage" has occurred or
has begun to occur or trat an "occurrence" or offense has been committed that has caus€d or
may cause "personal and advertising iniury".
E. Damages because o, "bodily injury" include damages claimed by any person or organization for
care, loss o{ services or deafi resulting at any time lrom the "bodily iniury".
F. lf \nre are preven@d by law or statute lrom paying damages covered by this policy on behall ol the
"lnsured", then 'ae vr,ill indemnify lhe "lnsured" for trose sums in excess ol fie "Retained
Arnount".
SECTION II . DEFENSE AAI D SUPPLEMENTARY PAYMENTS
A. We lrill have the right and duty to deftnd any "suit" against the "lnsured" that seeks damages lor
"bodily injury", "property damage" or "personal and advenising injury" to wtrich this insurance
applies, even i, the "suit" is groundless, false or fraudulent \ henr
1. The total applicaUe limits o, "scheduled underlying insurance" and any applicaue "other
insurance " have been e*rausted by payrnent of damages to vfiich this policy applies; or
2 Subject to Paragraph B. of this Section ll, the damages sought because of "bodily injury",
"property damage" oI "personal and advertising injury" v\ould not be covered by "scheduled
underlying insurance" or any applicable "other insurance", even ilthe total applicable limits ol
either the "scheduled underlying insurance" or any applicable "other insurance" had not boen
e*rausted by the payment ol damages.
It u€ are prevented by law or statute lrom assuming the obligations specifed under this provision,
u€ \ ill oay any epenses incurred ltith our consent.
B. We will have no duty to defund fie "lnsured" against any "suit" seeking damsges for "bodily
injury", " property damage" or "personal and advertising injury" to vrttich this insurance does not
apply, including, but not limit€d to, Paragraph W. of SECTION lll ' EXCLUSIONS.
C. \Mren \ € assume the deftnse of any 'suit" against the "lnsured' fiat seeks damages to which this
insurance applies, vre will, subject to the limits o, insurance:
1. lnvesdgate, negotiate and setde the "suit" as rae deem appropriste; and
2 Pay the fullov\ing Supplementary Payments to the extent fiat such payments are not covered
by "scheduled underlying insurance" or any applicable "other insurance"r
a. Al e)Qenses , e incur;
b. Premiums on bonds to release attachments for amounts not exceeding the applicable limits
oi insurance o, this policy, but \ € are not obligated to apply for or furnish any such bondi
c. Premiums on appeal bonds required by law to appeal a judgsment in a "suit" Ior amounts
not exceeding the applicable limits ol insurance of this policy. but \^E are not obligatod to
apply lor or furnish any such bond;
d. All court costs taxed against the "lnsured" in the "suit";
o. Pre'judgment interest a\ 6rded against fie "lnsured" on fiat pan of the judgment trrithin the
applicaUe limiB of insurance o, lhis policy v\e pay. lf v1€ make an o{fur to pay the
applicable limit of insurance, \r \ill not pay any pre-iudgment interest accruing after ue
make such offer;
l. Post-judgment interest that accrues after enty of judgment on that part of the judgemont
\ ithin the applicabla limits ol insurance of this policy \€ pay and before rae have poid,
offered to pay or deposited in court hat part o, fie judgment that is rtithin the applicable
limits o, insurance ol this policy; and
g. The "lnsured's" expenses incurred at our request or \ ith our consent.
D. Except as provided in Paragraph A 8bove, u€ vrill have no duty to de{end any "suit" against the
"lnsured". We rrrill, horaever, have the right, but not the duty, to participate in the defunse ol any
"suit" and the investigation of any claim to \ hich this policy may apply. lf ue exercise this right,
v1e v\.ill do so at our ow'r expense.
548
oc.utvtsR
1X9799 ( 10/05)Pasc 2 o( 24
page 136 of 163tsHie;
EJ,T4$I{ri
E. We vrill not defund any "suit", or pay any attorney fues or litigation epenses including, \^ithout
limitation, the expenses described in Paragraph C.2., above that accrue after the applicable limits o,
insurance oI this policy have been exhausted by the payment ol damages and \ € v\ill have the right
to \ ithdraw ftom the further defunse o, such "suit" by tendering contol of said delense to the
" lnsured".
sEcTtoN m - ExcrusroNs
This insurance does not apply to:
A. Expected or lntended lnlury
"Bodily injury", or 'property damage" epected or intended lrom the standpoint of tte "lnsured".
This exclusion does not apply to "bodily injury" resultng from tle use of reasonable ficrce to
protect persons or Property.
B. Contractual Liability
"Bodily iniury" or "property damage" ior uhich the "lnsured" is obligated to pay damaqes by
reason ol the assumption oI liability in a contract or agreement. This exclusion does not apply to
liability for damages:
1. That the "lnsured" r ould have in the absence o, the contract or agreement; or
z Assumod in a contact or agreement trat is an "insured contract" provided the "bodily injury"
or "property damage' occurs subsequent to the execution ol the contact or agreement. Solely
{or the purposes ol liability assumed in an "insured contract" reasonaUe attorney fees and
necessary litigatjon epenses incurred by or lor a party other than an "lnsured" are deemed to
be damages because of 'bodily injury" or "property damage", and included whin he limis ol
insurance, provided:
a. Liability to such party lor, or lor the cost or, that party's debnse has also been assumed in
the same "insured confact"; and
b. Such attorney fues and litig8tion expenses are lor defunse o, that party against a civil or
alternativ€ dispute resolution proceeding in \hich damages to \hich this insurance applies
are alleged.
C. Liquor Liability
"Bodily iniury" or "property damage" br vhich any "lnsured" may be held lisble by re6on ot:
1. Causing or contibuting to the intoxication o, any person;
2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the
influence of alcohol; or
3. Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic
beverages.
Hov\,ever. this exclusion \ill not apply i, coverage is provided for such 'bodily iniury" or "property
damage" by 'scheduled underllng insurance".
Coverage under this policy for such ,bodily injury or 'property damage' ,^ill ,ollow the terms,
definitions, condidons and exclusions ot "scheduled undorllng insurance", subiect to the "policy
period", limits ol insurance, premium and all other terms, defnitjons, conditions and exclusions of
this policy. Provided, ho\ €ver, that coverage provided by this policy v\ill be no broader than the
coverage provided by "scheduled underlying lnsurance".
D. workers'Compensation and Similar Laws
Any obligation of the "lnsured" under a raorkers' compensation, disability benefts or unemployment
compensation law or any similar law
E. E.R.t.S.A.
Any obligation of the "lnsursd" under the Employee Retirement Income Security Act o, 1974
(including amendments relating to the Consolidated Omnibus Budget Reconciliation Act of 1985), or
any amendment or revision thereto, or any similar law or reguladon.
OC-Ul\,BR
1X9799 t 1Cr05)Page 3 ol 24
ffi page '137 of 163
F. Auto Covorages
1. "Bodily iniury" or "property damage' arising out of the ow'tership, mainbnanco or use ol any
"auto" \ hich is not a "covered auto"; or
2 AIry loss, cost or e&ense payaue under or resuiting fom any first party physical damage
coverage; no-hult law personal iniury proection or auto medical payments coverage; or
uninsured or underinsured motorist law
G. Employer's Liability
1. "Bodiiy iniury" to an 'employee" of the "lnsured" arising out of and in the course ol;
a. Employment by the "lnsured"; or
b. Perlorming dutes related to the conduct oJ the 'lnsured's" business; or
2 Any claim or 'sutt" brought by the spouse, child, parent, brotler or sister o, f\at "employoe"
as a consequence of paragraph 1 abo\€.
This e xclusion applies:
1. \&trether the "lnsured" may be liable as an employer or in any other capacity; and
2 To any obligation to share damages \hh or repay someone else \ho must pay damages
because o, the iniury,
This exclusion does not apply to liability assumed by th€ "lnsured" under an "insured contract",
Vvith respect to injury arising out o, a "co\€red suto", this exclusion does not apply to 'bodily
injury" to domestic "employees" not entited to v\Drker's compensation bonefits. For the purpose
oJ this insurance, a domestic 'employee" is a person engaged in household or domestic \Drk
periormed principally in conneclions vrith a residence premises.
This exclusion does not apply to the extent that valid "scheduled underlying insurance" Ior the
employer's liabiliv risks described above exists or \^,orrld have existed but for the e*raustion ol
underlying limits lor "bodily injury".
Coverage under this policy {or such "bodily iniury or "property damage" lrrill ficllow fre terms,
defnitions, conditions and exclusions of "scheduled underlying insurance", subject to the "policy
period", limits o, insurance, premium and all other terms, defnitions, conditions and exclusions of
this policy. Provided, hov\Ever, that coverage provided by this policy nill be no broader than the
coverag6 provided by "scheduled undedying insurance",
H. Employmont Rolatod Practicos
Any claim or "suh' alleging or assertjng in any respect loss, injury, or damage (including
consequential bodily iniury) in connection \Mth "wongful termination", and/or "discrimination ",
and/or "se xJal harassment".
The follov{ng defnitions apply to this exclusion:
"Wrongful termination" means termination ol an empioyment relationship in a manner which is
against the law and wongful, or in breach ol 8n implied agreement to continue employment.
" Discrimination" means termination ol an employment relalionship or a demotion, or 8 tailur€ or
refusal to hire or promote an individual because oI race, color, religion, age, sex, disability,
pregnancy, natural origin. serual orientation or ofrer pro€ctsd category or characteristic
established Oursuant to any applicable bderal, state, or local law, reguladon, or ordin8nce.
"Se)aral harassment" means unuElcome sexual advances and/or requests for sexral favors and/or
other verbal or physical conduct ol a sexual nature that (1) are mad€ a conditon o{ employment
andlot l2l are used as a basis br employment decisions and/or (3) create a uork environment that
int8rleres nith performance.
l. Pollution
This insurance does not apply to:
1. Any "bodily injury", "property damage" or "personsl and advertising injury" arising out of the
actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of
"pollutants" anyvlhere at any time;
550
OC.UMBR
1X9799 ( 10G5,PasE 4 ol 24
page 138 of 163ffill+-#i,t
2 Ary loss, cost or expense arising out o, any request, demand, order or statutory or regulatory
requirement that the "lnsured" or otrors Est Ior, monitor, clean up, remove, conlain, feat,
detoxify or neutralize, or in any v\€y respond to, or assess the eflects ol "pollutants"; or
3. Any loss, cost or e&ense arising out o, any claim or "suit" by or on behalf of a governmental
authority lor damages because of testing for, monitoring, cleaning up, removing, containing,
treating, detoxifying or neufalizing or in any 'aay responding to, or assessing the effects o{
" p oll utants " .
Ho\ ever, Paragraph 'l ol this exclusion v\ill not apply if coverage ior such "bodily injury" or
"property damage' as is described in paragraphs 1 through 6 below is provided by "scheduled
underlying insurance":
1. Product8-Completsd Operatione Hazard
Paragraph 1 ol his exclusion does not apply l^ith respect to "bodily injury" or " property
damage" included vrithin the "products-completed operatons hazard" provided trat 'your
product, or "yoJr \ ork" has not at any tim€ been:
a. Oiscarded, dumped, abandoned, throv'n auay; or
b. Transported. handled, stored, rested, disposed ol or processed as v\aste; by anyone.
2 Hostile Fire
Paragraph 1 ol this exclusion does not apply \^it) respect to "bodily intury" or "property
damage" arising out o, heat, smoke or fumes lrom a "hostile fre".
3. Equipment to Heet the Building and Contractor/Lossee Operations
Paragraph 1 of this exclusion does not apply to:
a. "Bodily iniury" sustained rdthin a building and caused by smoke, fumes, vapor or soot
lrom equipment used to heat the building; or
b. "Bodily iniury" or "property damage" ior v\hich you may be held liable if you are a
contractor and tle owrer or lessee ol such premi5es, site or location has been added to
your policy as an addhional "lnsured" nith respsct to your ongoing operations perlormed
for that additional "lnsured" at such premises, site or location, and such premises, site or
location is not and never \ /as ovtrled or occupied by, or rented or loaned to, any "lnsured",
other than the additional "lnsured".
4. Fuels. Lubricants and Othor Operating Fluids - Mobile Equipmont
Paragraph 1 of this exclusion does not apply to;
a. "Bodily injury" or "property damage" arising out otf)e escape olfuels, lubricants or other
operating fluids that are needed to perrorm normal electrical, hydraulic or m€chanical
functions necessary tor the operation o{ "mobile equipment" or ib parts if such fuels,
lubricants or other operating fuids escape lrom a vehicle part designed to hold, store or
receive them. This excep{on does not apply if the "bodily injury" or "properh/ damage"
arises out of the intentional discharge, dispersal or release ol the fuels, lubricants or other
operating fuids, or i, such fuels, lubricants or other operating fluids are brought on or to
the premises, site or location \ ith the intent hat they be discharged, dispersed or released
as pan ol the operations being perform€d by such insured confactor or subconfactor; or
b. "Bodily lnjury" or "propeny damage" sustained \ ithin a building and caused by the release
ol gases, fumes or vapors lrom materials brought into th8t building in connection \ ith
operations b€ing perfrcrmed by you or on your behall by a confactor or subcontractor,
5. Fuels. Lubricants, Fluids, etc. - Auto
Paragraph 1 o{ this exclusion does not apply to fuels, lubricants, fuids, e*laust gases
or other similar "pollutants" that are needed Jor or result from the normal electrical, hydraulic
or mechanical functioning ot an "auto" covered by "scheduled underlying insurance" or its
parts, if:
5I
O C.UN/IBR
LX9799 ( 1 0/O5l Pag6 5 of 24
ffi#Ilrr€ffi pags 139 of 163
8. The "pollutants" escape, seep, migrate, or are discharged, dispersed or rele6ed directly
lrom an "auto" pan designed by its manulacturer to hold, store, receive or dispose of such
"pollutants";and
b. Ths "bodily injury" or 'property damage" does not arise out ol the operation ot any
equipment shovtrr in Paragraphs 6b and 6c of the defnition ol "mobile equipment^.
6. Upsst, Ovorturn or Damage of an Auto
Paragraph I of this exclusion does not apply to "occurrences" that take place au€y from premiBes
ov',ned by or renEd to an "insured' \ith respect to "pollutants' not in or upon an "auto" covered
by "scheduled underlying insurance" if:
8. The "pollutants" or any property in \hich the "pollutants" are contained are upset, ovenurned
or damaged as a result ol the maintenance or use ol an "auto" covered by "scheduled
underllnO insurance"; and
b. The discharge, dispersal, seepage, migradon, release or escape of the "pollutanB" is caused
directly by such upset, overturn or damage.
Coverage under this policy Jor such "bodily injury" or "property damage' as is described in
subparagraphs 1 through 6 abo\€ \ill lollow the brms, defnitions, conditions and exclusions oI
'scheduled underlying insurance", sub,ect to he "policy period", limits ot insurance, premium end
all other Erms, definitions, conditions and exclusions of this policy. Provided, ho\ aver, that
coverage provided by this policy v\ill be no broader than the coverage provided by "scheduled
underlying insurance".
J. Arcraft 01 watorcraft
''Bodily injury" or "property damage' arising out ot the owrership, maintenance, use or 6ntrustmant
to others o{ any aircraft, or raatercraft ov,ned or operated by or rented or loaned to any
"lnsured". Use includes operation and "losding or unloading."
This exclusion applies even i, the claims against any "lnsured" allege negligence or other
vwongdoing in the supervision, hiring, employment, training or monitoring oI others by that
"lnsured", if the "occurrence" \hich caused the "bodily inlury" or "property damage" involved the
ovnership, maintenance, use or enfustment to others o, any aircraft, or watercraft fiat is ovned or
operat€d by or rented or loaned to any "lnsured".
This exclusion does not apply to:
1. A \n€tercraft wtrile ashore on premises you owl or rent;
2 A \ €tercraft you do not o\n that is:
a. Less than 26 feet long; and
b. Not being used to carry persons or property ror a charge;
K. War
"Bodily injury" "property damage" or "personal and advertising injury", ho\ e\r'er caused, arising
directly or indirecty out of:
1. War, including undeclared or civil v\ar; or
2 Warlike action by a military lorce, including action in hindering or delending against an actual or
expected attack, by any government, sovereign or otrrer autrority using military personnel or
other agents; or
3. lnsurrection, rebellion, revolution, usurped po\€r, or action taken by governmental suthority in
hindering or defunding against any o, these.
This exclusion does not apply to the use or threaten use oI "terrorism".
As used in this exclusion, "terrorism" means the use or threatened use of I6rce or violence against
person or property, or commission ol an act dangerous to human lire or property, or commission of
an act fiat interfures \ itl or disrupts an electronic or communication system, undeftaken by sny
person or group, \ hether or not acting on behalf oI or in any connection \id1 any organization,
government, po\ €r, authority or milhary lorce, v+ten trle olfect is to intimidate, coerce or harm:
O c -Ui,lBR
l-x9799 {',lcvos)PEg. 6 ol 24
page 140 of 163ffi
1. A government;
2 The civilian population ol a country, state or community; or
3. To disrupt the economy of a country, stae or community.
So long as the Terrorism Risk lnsurance Act of 2002 (the "Act") is in effect, 'terrorism" includes
an act of terrorism as defned by Section 102. Defnilions ol the Act and any revisions or
amendments thereto.
[, Damage to Pro pe]ty
"Property damage " to:
1. Property:
a. You ov,n, rent or occupy, including any costs or e)eenses incurred by you, or any other
person, organization or entty. for repair, replacement, enhancement, restoration or
maintenance ol such property br any reason, including prevention of injury to a person or
damage to another's property; or
b. Owred or fansponed by lhe "lnsured" and arising out oI the ovoership, maint€nance or
use of a "covered auto";
2 Premises you sell, give au€y or abandon, i, the "property damage" aris€s out oJ any part of
those premises;
3. Property loaned to you;
4. Personal property in the care, custody or control of tho 'lnsured";
5. That particular part of real property on wtrich you or any contactors or subcontractors uDrking
directy or indirecdy on your behalf are pertorming operations, i{ the "property damage' arises
out of those operations; or
6 That particular pan ol any property that must be restored, repaired or replaced because "your
\ ork' uas incorreciy performed on it.
Paragraph 2 of this exclusion does not apply i, the premises are "your $ork" and \^ere never
occupied, rented or held fur rental by you.
Parsgraphs 1b, 3, 4, 5 and 6 of 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 vwitbn Trailer
lnterchange Agreement.
Paragrsph 6 of this exclusion do€s not apply to "property damage" included in the 'products-
completed opera6ons hazard. "
M. Damage to Your Product
"Property damage" to "your product' arising out ol it or any part o, it.
N. Damsgs to Your work
"Property damage" to "your \ ork" arising out of it or any part oJ it and included in tre 'products-
completed operations hazard. "
This exclusion do€s not apply it tl€ damaged \^Drk or the \^ork out of lrhich the damage arises raas
porformed on your behal, by a subcontractor.
O. Dsmage to lmpairod Proporty or Ptopsrty Not Physicslly lnjurod
"Property damage" to "impaired property" or property that h8s not been physically iniured, arising
out or:
1. A defuct, deficiency, inadequacy or dangerous condition in "your product" or "your uork"; or
2 A delay or lailure by you or anyone acting on your behalf to p€rfurm a conuact or agreement
in accordance hith its terms,
This exclusion does not apply to ths loss ol use ot otler property arising out of sudden and
accidental ph!6ical iniury to "your product" or "your raork" aft8r il has been put to its intended
use.
3
o c -UirBn
LX979S { 1005)Pago 7 ol 24
*f)ilFffi pago 141 of 163
P. Recall ol Products. Work or lmpaired Proporty
Damages claimed ,or any loss, cost or e&ense incurred by you or others for the loss of use,
ltithdraraal, recall, inspection, repair, replacement, adjusfirent, removal or disposal of:
1. "Your product";
2 "Your \ ork"; or
3. "lmoaired property";
i{ such product, \,1,ork or property is l,rithdravm or recalled ,rom the market or fom use by any
person or organization because oJ a knowr or suspected deEct, defciency, inadequacy or
dangerous condition in it.
O. E loctronic Dsta
Damages arising out of the loss of loss of use of, damage to, corruption of, inability to access or
inability to manipulate electronic data.
As used in this €xclusion, electronic data means informadon, bcts or programs stored as or on,
creat€d or used on, or uansmitEd to or tom computer soft\^€re, including syst€ms and applications
soft\ €re, hard or foppy disks, CD-ROtlts, tapes, drives, cells, data processing devices or any oth6r
media vfiich are used vrith electronically controlled equipment.
R. Fungus/Mold
"Bodily injury" or "property damage" or any other loss, cost or e&enso, including, but not limited
to losses, cosE or expenses related to, arising fom or associaEd vrith clean-up, remediaton.
containment, removal or abatement, caused direcdy or indirectly, in vhole or in part, by:
1. Any "fungus(i)", "molds(s)', mildewor yeast. or
Z Any "spore(s)" or toxins creacd or produced by or emanating from such "fungus(i)",
"mold(s)", mildew or yeast, or
3. Any substance, 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. Any material, product. building component, building or structure, or any concentration of
moisture, v\6t6r or other liquid \ ithin such material, product, building component, building or
sfructure, that contains, harbors, nurtjres or acts as a medium {or any "fungus(i)", "mold(s)",
mildew yoast or "sporels)' or toxins emanating therefrom,
regardless ol any other cause, event, msterial, product and/or building component that
contributed concurrenty or in any sequence to that "bodily injury" or "property damage", lo6s,
cost or erpense.
For the purpose of this exclusion, the follovring defnitions are added to the policy:
"Fungus(i)" includes, but is not limited to, any of the plants or organisms belonging to the msior
group fungi, lacking chlorophyll, and including molds, rusts, milde\ Js, smuts, and mushrooms,
"fulold(s)" includes, but is not limited to, any superficial grov\,fi produced on damp or decaying
organic matter or on living organisms, and fungi that produce molds.
"Spore(s)" means any dormant or reproductive body produced by or Erising or emanating out
ol any "fungus(i)", "mold(s)", mildow plants, organisms or microorganisms.
S. l-ead
1. "Bodily iniury", "property damage", or "personal and advenising injury" lor past, pr€sent or
future claims arising in whole or in pan, either directly or indirecty, out of the manufacture,
distribution, sale, resale, rebranding, installation, repair, removal, encapsulation, abatemont,
replacement or handling ot, e)qcosure to, ingestion ol or testing lor, lead whether or not the lsad
is or vras at any time airborne as a panicle, contained in a product, carried on clothing, inhaled,
transmitted in any fashion or iound in any form v\hatsoever;
Z The costs o, clean up or removal of lead or products and materials containing lead;
554
OC.UMBR
LXS79g 110/05)Pag. I ol 24
I
page 142 of 163EH#+ffi
3 The costs of such acions as may b€ necessary to monitor, assess and evaluate the release or
threat of same, or lead or products and material containing lead;
4. The cost of disposal o{ lead substances or the taking ol such otler action as may be necessary
to temporarily or permanenty prevent, minimize or mitigate damage to the public health or
\ €lfare or to the environment, vfiich may otter\ ise result; or
5. The cost of compliance r,rith any law or regulation regarding lead.
T. Asbostos
1. "Bodily injury" in any \ ay arising out oI the use by any person or organization o, or e&osure to
asbestos, asbestos products, asbestos fibers or asbestos dust;
2 "Property damage" to real property arising out of the use by any person or organization o,
asbestos, asbestos products, asbestos fbers, asbestos dust, including \ ifiout limitation the
costs incurred \ ith respect to the removal or abaement of asbestos, asbestos products,
asbestos fbers or asbestos dust fom or in such real property;
3. Any obligation of the "lnsured" to indemnify any party because of damages arising out of
such "property damage". ''bodily injury", sickness, disease, occupational disease, disability,
shock, death, mental anguish or mental iniury, at any time as a result ol the manu{acture o{,
mining ol use of, sale of, removal of, distributon of, or e4osure rc asbestos, asbestos
products, asbestos fibers or asbestos dust; or
4. Any obligadon to defund any claim or 'suh' against the "lnsured" alleging "bodily injury",
sickness, disease, occupational disease, disability, shock, death, mental anguish or mental
iniury or "property damage" resulting from or contibuted to, by any and all manufacture of,
mining oI, use of, sale of, removal ot, distrihJtion ol, or eposure to asbestos, asbestos
products, asbestos fbers or asbestos dust.
U. N uclear
1. "Bodily injury" or "property damage":
a. With respect to !,\hich an "lnsured" under the policy is also an "lnsured" under a nuclear
energy liability policy issued by Nuclear Energy Liability lnsurance Association, I\4utual
Atomic Energy Liability Underwiters, Nuclear lnsurance Association or Canada or any such
policy but tor its termination upon exhaustion ol its limit oJ liability; or
b. Besultng lrom the "hazardous properties" of "nuclear material" and v\ih respect to \,^hich
(i) any person or organization is required to maintain fnancial proEction pursuant to the
Atomic Energy Act of 199, or any law amendatory ther€o{, of (ii) the "lnsured" is or had
this policy not been issued raould be. entided to indemnify ftom the United States ot
America, or any agency thereof, under any agreement entered into by the United Stat€s ol
America, or any agency there of vrith any person or organization.
2 'Bodily injury" or "property damage" resultng lrom the "hazardous propenies of "nuclear
material", iI:
a. The "nuclear material" (i) is at any "nuclear lacility" ovned by, or operated by or on behall
of, an "lnsured" or (ii) has been discharged or dispersed therefrom;
b. The "nuclear material" is contained in "spent fuel" or "\aste" at anytime possessed,
handled, used, processed, stored, transported or disposed of by or on behalf o, the
" lnsured"; or
c. The "bodily injury" or "property damage" arises out of fie furnishing by an "lnsured" ol
services, materials, parts or equipment in connection vrith the planning, consructon,
maintenance, operation or use of any "nuclear facility".
3. 'Bodily iniury" or "property damage" resulting Irom fre intentional or unintentional detonation of
any nuclear bomb or nuclear device.
5
O C.UI\iB R
1X9799 l1[106)Pos6 9 of 24
ffi pago 143 of 153
tl. fu used in this exclusion. the lollor,'ring defnitions apply;
a. "Hazardous propenies" include radioactive, toxic or eplosive properties;
b. "Nuclear material' means "source material". "special nuclear material" or "by-product
material";
c. "Source material", "special nuclear material" and "by-product material" have th€ meanings
given them in Atomic Energy Act of 1954 or in any law amendatory thereof;
d. "Spent fuel" means any fuel element oI fuel component, solid or liquid l*rich has been
used or e>rposed to radiation in a "nuclear reactor";
e. "Waste" means any \ aste material (l) containing 'by-product material" other than the
tailings or \ €stes produced by the extraction or concentration oI uranium or thorium form
any ore processed primarily for its "source material" content, and (ii) resulting fom the
operadon by any psr5qn or organization of any "nuclear facility" included under the frst tlro
paragraphs ol the definition o, "nuclear lacility";
f. " Nuclear ,acility" means:
(i) Any "nuclear reactor";
(ii) Any squipment or device designed or used for (a) separating the isotopes or uranium or
plutonium, (b) processing or utilizing "spent fue1", or (c) handling, processing or
packaging "\ €ste";
(iii) Any equipment or device used ,or the processing, tabricating or alloying ot "sp€cial
nuclear material" iI at any time the total amount o, such material in the custody of the
"lnsured" at the premises vrhere such equipment or device is located consisB of or
contains more than 25 grams of plutonium or uranium 233 or any combination ther€of,
or more trat 250 grams ol uranium 235;
(iv) Any sfudure, basin, excavation, premises or place prepared or used ior the storage or
disposal or 'v\aste ";
and includes the sit€ on which any ol the toregoing is located, all operations conducted on
such site and all premises used for such operations.
V. Secufties and Financial lntorgst
Any liability arising out of:
1. Any violation of any securities law or similar law or any regulalion promulgated thereunder;
2 The purchase, sale, offer of sale or solicitation of any securhy, debt. insurance policy, bank
dep06it or financial interest or insfument;
3. Any representation made at any time in relation to the price or value of any security, dobt,
insurance policy, bank deposit or fnancial interest 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. Covarage excluded or sublimitod by the Scheduled Underlying lnsuranco
'Bodily injury", 'property damage", or "personal and advertising iniury" v\hich:
1. ls not covered by lhe "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 uay subject to a sublimit wtrich is less f|an the limits o{ insurance of such 'scheduled
underlying insurance",
X. Silica
1. "Bodily injury", sickness, disease, occupational disease, disability, shock, doath, mental
anguish or mental injury. and/or any other type of iniury, loss, cost, damage, or €rpsnse
sustained by any person ,or the real or alleged emergence. confaction, aggravation or
exacerbation oI any furm of silicosis or any other disease of fre human body caused by,
arising out of, or resulting fiom the manufacture, mining, use, sale, removal, or disribufon by
OC.UMBR
1X9799 11005)Pago lo of 24
page 144 of 163HHS#
E#ESEfi#
any person or organization o, silica, silica products, silica fibers or silica dust, or the exposure
to silica, silica products, silica ibers or silica dust; or
2 Any obligation ol the insured to defund 8nd/or indemniry 8ny party because of damages arising
out o, such "bodily iniury", sickness, disease, occupational disease, disability, shock, death,
mental anguish or mental iniury, at any tme caused by, arising out or. or resulting fom the
manufacture ot, mining or, use ol, sale of, removal of, distrihJtion of, or eposure to silica, silica
products, silica fbers or silica dust.
y. Violation Ot Statutos ln Connaction Wrh Sending, Tronsmitting Or Communicating Any
Matorial Or lnlormation
Any claim or "suit" alleging or asserting t)at any act or omission violstes any statute, ordinance or
regulaton ol any fuderal, state or local government, including any amendment ol or addfion to such
la\&s, that includes, addresses or applies to $e sending, fsnsmifting or communicatng ol any
material or information, by any means v\,hatsoever.
Z. Other Porsonal and Advertising lnrury
"Personal and advenising injury":
1. Caused by or at the direaion ol the "lnsured" vrith the knovtledge that the act \ ould violate the
rights o, another and \ ould inflict "personal and advertising injury".
2 Arising out of oral or witten publication of material, if done by or at the direction ol the
'lnsured" \^ith knovledge ol its lalsrty.
3. Arising out oI oral or witten publication oJ material v'hose frst publication took place bebre the
beginning oI the policy period.
4. Arising out of a criminal act committed by or at the direction ol the "lnsured".
5. For !^hich the "lnsured" has assumed liabiliry in a contracl or agreement. This exclusion does
not apply to:
8. Liability lor damages frat the "lnsured' !\ould have in the absence ot the contract or
agreement; or
b. Liability for false arrest, detention or imprisonment assumed in a contract or agreement.
6. Arising out o, a breach of contract, except an implied contact to use another's advenising idea
in your "advertsement".
7. Arising out o{ tre bilure of goods, products or services to conrorm v\itl any sEtement o{ quality
or per{ormance made in your "ad\€rdsement".
8. Arising out oI tre wong description of lhe price o{ goods, products or services stated in your
"advenisement".
9. Arising out of tre in{ringement ot copyright, patent, rademark, rade secret or otler intellectual
property rights. Horaever, this exclusion does not apply to inlringement, in your
"advenisement", of copyright, trade dress or slogan.
10. Cornmitted by an "lnsured" vrhose business is:
a. Adrrertising. broadcastng, publishing or telecasting;
b. Designing or determining content ol'rebsites jor others; or
c. An internet search, access, content or service provider.
Horaever, this exclusion does not apply to Paragraphs 1, 2 and 3 of the definition o, "personal
and adraertising injury" in SECTION V - DEFINITIONS.
For tho purposes of this exclusion, the placing o, frames, borders or links, or advertising, ,or
you or others anyv,,/rere on tle lnternet, is not by itself, considered the business o, advertising,
broadcasting. publishing or telecastino.
11. Arising out of an electronic chauoom or bulletin board the "lnsursd" hosts, ovrns, or over \ hich
tre "lnsured" exercises control.
7
OC.UMBR
1X9799 t 1cr06l Pag. 11 ol 24
ffi page 145 of 163
'12 Aising out oI the unauthorized use of another's name or product in your e-mail addr6ss,
domain name or meta tag, or any other similar tactics to mislead another's potential customers.
SECTION IV - LIMITS OF INSURANCE
A. The limits o{ insurance sho'^rl in ltem 3 of the Declaradons and the rul€s below state fie most v\E
\ ill pay for all Damages under this policy regardless o{ the number or:
1. " lnsureds ";
Z Claims made or "suits" brought; or
3. Persons or organizations making claims or bringing "suits".
B. The General &gregate Limit is the most w-a \^,ill pay for all damages under this policy, except {or:
1. Damages included ' ithin the "products-completed operations hazard"; and
2 Damages because o, "bodily injury" or "property damage" to v*rich this policy applies, caused
by an "occurrence" and resulting from the ovrnership, maintenance or use ol a "covered auto".
C. The Products-Completed Operations Aggregate Limit is the most \ e vJll pay lor all damages
included in the " products-completed operations hazard".
D. Subject to Paragraphs B and C above, vfiiche\€r applies, the Each occurrence Limit is the most
\ e \ ill pay for tre sum o, all damages arising out o, any one "occurrence" or orftnse.
E. Subject to Paragraphs B and C above, v\hiche\€r applies, rhe most ' e \ ill pay Ior damages under
this policy on behalf oI any person or organization to \ hom you are obligaEd by a witten "insur€d
contact" to provide insurance such as is afforded by this policy is the lesser of fie limits ol
insurance sho',wr in ltem 3 of the Declarations or the minimum limits of insurance you agresd to
procure in such witten "insured contact".
F. This policy applies only in excess oftho total applicable limits ot "scheduled underlying insurance"
and any applicabl€ "other insurance" v*rether or not such limis are collectjble. l{, houever, a
policy shov'n in the Schedule ol Underlying lnsurance has a limit of insurance:
1. Greater than the amount showr in such schedule, this policy raill apply in excess of such
greater amount; or
2 Less than the amount sho\n in such schedule, lhis policy \ill apply in excess o, the amount
shovtrl in the Schedule of Underlying lnsurance forming a part of this policy.
G, lf the total applicable limits ol "scheduled underlying insuranco" and any applicable "other
insurance" are reduced or s)dausted by the payment oJ damages to which this policy applies, rae
\^ill:
1. ln the event o, reducion, pay damages in excess of the remaining total applicabie
limits of "scheduled undedying insurance" and any applicaUe "otrer insurance"; and
2 Sub,ect to Paragraph E of SECTION ll ' DEFENSE AND SUPPLEMENTAHY PAYMENTS, in
tte event ol e*raustion, continue in force as underlying insurance,
H. Erpenses incurred to defund any "suit" or to investigate any claim vrill be in addition to the
applicable limits ol insurance of this policy. Provided, ho\€ver, that if such 6xpens€s reduce the
applicable limits of "scheduled underlying insurance", then such e)eenses \ill reduce the
applicable limits ol insurance o, 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 t\ €lve (12) months, beginning vrith the inception dats of the "policy
period" shovtn in the Declarations, unless the "policy period" is exbnded after issuance ,or an
additional period ol less fian tv\elve (12) months. ln trat case, the additional period \,\ill be deemed
part oI the last preceding period frcr purposes oI determining the limits o, insurance o, this policy.
J. We \ ill not make any payment under this policy unless and untili
1. The total applicable limits ol "scheduled underllng insurance" and any applicable "other
insurance" have been exfrausted by the payment of damages to \ hich this policy applies; or
558
OC,UMBR
LX9799 ( 1UO5)Pag. 12 ol 24
ffi page 146 of 163
2 The total applicable "Self-lnsured Retention" has been satisfed by the payment o{ damag€s to
wtrich this policy applies.
Wren the amount of damages has been debrmined by an agreed settlement or a fnal iudgement,
ue nill promptly pay on behalt of the "lnsured' the amount of damages Ialling uithin the terms ol
this policy. An agreed settlement means a settlement and release of liability signed by us, the
"lnsured" and the claimant or the claimant's legal representative.
SECTION V. DEFINITIONS
A. "Advertisement" means a notice trat is broadcsst or published to the general public or specifc
market segments about your goods, products or services for the purpose of attracling customers or
suppo(ters. For the purposes of this defnition:
1. Notices that are published include material placed on the lnternet or on similar electronic means
oI communicaton; and
2 Regarding \ €b-sites, only that part o{ a v\Eb-site fiat is about your goods, prducts or services
ior the purposes of atfacting customers or supporters is considered an " ad\renisement".
B. "Arto" means:
1. A land motor \€hicle, trailer or semitrailer designed for favel on public roads, including any
attached machinery or equipment; or
2 Any other land vehicle thst is subiect to a compulsory or fnancial responsibility law or other
motor vehicle insuranca law in the state \ here it is licensed or principally garaged.
Ho\ €ver, "auto" does not include "mobile equipment".
C. "Bodily inlury' means bodily injury, disability, sickness, or disease sustained by a person, including
death resulting ,rom any ol these at any time. "Bodily injury" includes mental anguish or other
mental injury resulting from "bodily injury".
D. "Coverage territory" means:
1. The United States ol America, including its territories and possessions, Puerto Rico and
Canada; or
Z lf provided by the underlying policy, anyvfiere olse in the \a,orld v\ith the exception o, any
country or jurisdicdon \ hich is subject to trade or other economic sanction or embargo by the
United States oI Arnerica.
l, v\E are prohibited by law fom providing a defunse in any location described in this defnition and
ue are obligat8d to provide such defunse under SECTION ll - DEFENSE AND SUPPLEMENTAFY
PAYMENTS, rae vr,ill reimburse you for legal ftes and oher defense e4censes incurred \A,ith our
consent under fre terms and conditions of this policy.
lf coverage for a claim under this policy is in violation of any United States of America's
economic or rade sancton, including, but not limitod to, sancdons administsred and enlorcod by
the U.S. Treasury Departrnent's Offce ol Foreign Assets Control (^OFAC') then coverage lor that
claim shall be null and vcid,
E. "Covered auto' means only those 'autos" to v*tich "scheduled underlying insurance' applieg.
F. "Employee" includes a "leased vrorker". "Employee" does not include a "temporary Morker".
G. "Executive offcer" means a person holding any ol the officer positions created by your chart€r,
consttudon, by-lav\6 or any other similar governing document,
tl. "Hostile fre" means a fire that becomes uncontrollable or breaks ou! rrom \ here it v\as intended
to be.
l. "lmpaired property" means tangible property, other than "your product" or "your raork",lhat cannot
be used or is less useful because:
1. lt incorporates "your product" or "your vrork " that is knoran or thought to be defuctive. deficient,
inadequate or dangerous; or
559
o c -ul/BB
1X9799 (10/061 Poe6 13 of 24
ffi page 147 of 163
2 You have ,ailed to fulfll the terms of a contract or agreemenU
if such property can be restored to use by:
1. The repair, replacement, adiustnent or removal oJ "your product" or "your raork"; or
2 Your fulfilling the terms of the contract or agreement.
J. "lnsured" means:
1. The "Named lnsured";
2 Except Jor liability arising out of the ovnership, maintenance, or use o{ "covered auto6";
e. ll you are designated in the Declarations asr
(1) An individual, you and your spouse are "lnsureds', but only Wth respect to the conduct
o, a business of vfiich you are the sole owrer;
(a A partnership or joint venture, you are an "lnsured". Your members and your partrlors,
and their spouses are also "lnsureds", but only r ith respect to the conduct ol your
business;
(3) A limited liability company, you are an 'lnsured". Your memb€rs are also "lnsur€ds",
but only \ ith respect to the conduct of your business. Your managers are "lnsurods",
but only \ ith respect to their duties as your managers;
(4) An organization other than a pannership, joint venture or limited liability company, you
are an "lnsured", Your "executive officers' and directors are "lnsureds", but only vrith
respect to their duties as your officers or directors. Your stockholders are also
"lnsureds', but only \ ith respect to their liability as stockholders;
(5) Arust, you are an "lnsured". Your rustees are also "lnsureds", but only \ith respect
to their duties as tustees;
b. Your "voluntesr raorkers" only V.trile perbrming duties related to the conduct of your
business. Your "employees" other than your "executive officers" (if you are an organization
other than a parhership, iclint venture or limited liability company) or your managers (il
you are a limited liability company), but only lor acts \ ithin lhe scooe o, tleir employment
by you or while perlorming dutes related to the conduct ol your business, Ho\ever, none
ot these "employees" or "volunteer vrorkers" are insureds for:
(1) "Bodily injury" or "personal and advenising injury":
(a) To you, to your partners or members (if you are a parhership or ioint venture), to
your members (if you are a limited liability company), to a co-"employee" in the
course of his or her employment or performing duties related to the conduct of your
business or to your other 'volunteer raorkers" wtrile performing duties related to t1e
conduct of your business; or any claim or "suit" brought by or on behalf ol tre
spouse. child, parent, hother or sister oI fiat ce"employee" or "volunteer \^orker"
as a consequence of such "ffiily injury" or "personal and advertising injury", or;
(b) For which there is any obligation to share damages v\ith or repay someone else
\ ho must pay damages because oI the injury described in Paragraphs (1)(i) above.
(a "Property damage" to property:
(8) Owted, occupied or used by,
(b) Rented to, in the care, custody or control of, or over v\hich physical confol is b€ing
exercised Jor any purpose by you, any of your "employees", "voluntoer \lorkers",
any parlner or member (il you are a pannership or joint vontJre), or any member (il
you are a limited liability company),
c Any person (other than your "employee" or "volunteer r,rorker') or organization wirile acting
as your real estate manager;
d. Your legal representative il you die, but only , ith respect to duties as such, That
representative ' ill have all your rights and duties under this policy;
o c -uiraR
1X9799 t 1dO5)Pag. '14 ol 24
pagB 148 of 163E.tltirr
ffis
e. Ary person or organization, ofrer ttan the "Named lnsured", included as an additional
"lnsured" under "scheduled undorlying insurance", but not ior broader coverage flan
vl,ould be afforded by such "scheduled underlying insurance"'
3. Only vrith respect to liability arising out of tte o\ nership. maintenance, or use of "covered
autos":
a. You are an "lnsured":
b. Anyone else wtrile using vrith your permission a "covered auto" you ovrn, hire, or borrow is
also an "lnsured" exceptr
(1) The ovrner or anyone else ftom \Attom you hire or borrow a "covered auto", This
exception does not apply il the "covered auto" is a trailer or semi-uailer connected to a
"covered auto" you ow'l;
(2 Your "employee" i{ the "covered auto" is ovfied by that "employee" or a member oI
his or her household;
(3) Someone using a "covered auto" \,{hile he or she is uorking in a business of selling.
servicing, repairing, psrking or storing "autos" unless that business is yours;
14) Anyone other than your "employees", parbers (if you are a parhership), members (il
you are a limited liability company), or a lessee or borro\ €r or any ol their
"employees'. vhile moving proporty to or lrom a 'covered auto";
(5) A partner (iI you are a partnership). or a member (if you are a limited liability company)
for a "covered auto" ovrted by him or her or a member oI his or her household;
(6) "Employees" vlith respect to ''bodily injury" to any fullow "employee" of the "lnsured"
arising out ol and in the course o, the fullow "employee's" employment or \ /trile
periorming duties related to tre conduct of your business;
c. Anyone liable lor the conduct ol an "lnsured" described above is also an "lnsured", but
only to the extent oJ $at liatility.
4. Not\ itlsanding any of the above:
a, No person or organization is an "lnsured" \ ith respect to the conduct of any current, past
or ne v.,iy lormed parhership, jdnt venture or limited liability company that is not designated
as a "Named lnsured" in ltem I ol the Declarations; and
b. No person or organization is an "lnsured" under this policy who is not an "lnsured" under
"scheduled underlying insurance".
K. "lnsured contract" means that part of any confact or agreement pertaining to your business under
\ hich any "lnsured" assumes the tort liability o, another party to pay ror "bodily iniury" or "proporty
damage" to a third person or organization. Tort liability means a liability fiat v\ould be imposed by
law in the absence of any contract or agreement.
"lnsured contract" does not include that pan ol any contract or agreement:
1. That indemnifes a railroad ior "bodily injury" or "property damage" arising out oI constructon
or demolition operations, v\,ifiin 50 fuet of any rsilroad property and affecting any railroad bridge
or tresde, tracks, road-beds, tJnnel, underpass or crossing;
2 That indemnifes an architect, engineer or surveyor lor iniury or damage arising out o{:
a. Preparing, approving, or failing to prepare or approve, maps, shop drav\ings, opinions,
repons, surv€ys, 6eld orders, change orders or drar,rings and specifcations; or
b. Giving directions or instructions, or failing to give trem, if that is the primary cause ot the
injury or damage; or
3. Under \ trich the "lnsured", if an architect, engineer or surveyor, assumes liability for an iniury
or damage arising out o{ the 'lnsured's" rendering or {ailure to render proftssional services.
including those sho,an in subparagraph 2 above and supervisory, inspection, architectural or
engineering actiMties.
oc-ui/BR
LX979g ( 10/05)Plse 15 of 24
E4'ri:.1+ffi pago 149 of 163
L. "Loading or unloading' means the handling ol pr@ertyr
1. After it is moved ftom the place \here it is accepted br movement into or onto an aircraft or
v\6tercraft;
2. Vvhile it is in or on an aircraft or 1atercraft; or
3. Wlrile it is being moved ,rom an aircraft or \ atercraft to the place v*rere it is fnally delivered;
but "loading or unloading" does not includs the movement o, property by means of a mechanical
device, otter than a hand truck, tlat is not attached to the aircraft or v\6Ercraft,
M. "Leased vrprker" means a person leased to you by a labor leasing irm under an agreement
betv\een you and the labor leasing frm, to perlorm duties relatBd to f\€ conduct of your business.
'Leased \ orker" does not include a "Emporary \ orker".
N. "Mobile equipment" means any of the follo\ ing types of land vehicles, including any attached
machinery or equipment:
1. Bulldozers, hrm machinery, lorklilts and other vehicles designed br use principally otf public
roads;
2 Vehicles maintained lor use solely on or next to premises you owt or renU
3 Vehicles that travel on cra\ ler treads;
4. Vehicles, $hether selt-propell8d or not, maintained primarily to provide mobility to permanendy
mounted:
a. Povrer cranes, shovels, load€rs, diggers or drills; or
b. Boad construction or resurracing equipment such as graders, scraperg or rollers;
5. Vehicles not described in Paragraph 1, 2, 3 ot 4 above that are not selr-propelled and are
maintained primarily to provide mobility to permanenty attached equipment o, the follo\ ing
types:
a. Air compressors, pumps and generators, including spraying, raelding, building cleaning,
geophysical e)eloration, lightng and rrell servicing equipment; or
b. Cherry pickers and similar devices used to raise or lo\€r \ orkers;
6 Vehicles not described in Paragraph 1, 2, 3 o( 4 above maintained primarily for purposes other
th6n the transportation of persons or cargo.
Ho\€ver, selJ-propslled vehicles vrith the lollov'ing types of permanendy attached equipment
are not "mobile equipment", but \ ill be considered "autos":
a. Equipment designed primarily lor:
(i) Snow removal;
(ii) Road maintenance, but not constuction or resurfacing; or
(iii) Sreet cleaning;
b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to
raise or lo\ Br vlorkers; and
c. Air compressors, pumps and generators, including sprafng, vrelding, building cleaning,
geophysical exploration, lighting and raeli servicing equipment.
Horaever, "mobile equipment" do€s not include land vehicles trat are subjsct to a compulsory or
financial responsibility law or other motor vehicle insurance law in tre state \here it is licensed or
principally garaged. Land vehicles subject to a compulsory or financial r8sponsibility law or ofier
motor vehicle insurance laware considered "autos".
O. "Named Insured" means:
1. fuiy person or organization designated in ltem 1 ol the Declarations;
2
oc.ulvtsR
1X9799 (1006)Pago 16 of 24
page 150 of '163
Fdi'#
ffi+
2 Any organization in v\hich you maintain an interest oI more than ffty percent (507o) and v*tich
is included as a named insured under "scheduled underlying insurance", as of the eflective
d8e ol this policy and to which more specifc insurance does not apply, provided that this
policy does not apply to any "bodily injury" or "property damage" that occurred or any "
personal and adwnising injury" that vt6s caused by an "occurrence" that ,^ias committed
before you acquired or lormed such organization or alter you ceased to maintain an interest ol
more lhan ffty percent (50%) in such organization; and
3. Any organization, except ror a parhership, joint vonture or limied liability company, that you
acquire or iorm during the "policy period" in ',ttrich you maintain an interest of more than ffty
percent (5O%) and to \ hich more specifc insurance does not apply, provided that:
s. Such organization is included as a named insured under "scheduled underlying insurance";
b. This policy does not apply to any "bodily injury" or "propefty damage" that occurred or any
"personal and advertising injury" that was caused by an "occurrence" that was committed
b€iore you acquired or rormed such organization or after you ceased to maintain an interest
o, more than fiIty percent (5O%) in such organization; and
c. You give us prompt noice alter you acquire or ficrm such organization,
Subjact to the provisions ol Paragraphs 3a, 3b and 3c above, a parhership, joint venture or
limited liability company that you acquire or form during the "policy period" may be added as
an "lnsured" only by a \^ritten endorsement trat vre make a part ol this policy.
We may, at our option, make an additional premium charge for any organization that you
acquire or {orm during the "policy period".
P. " Occurrence " means:
1. fu respects "bodily injury" or "property damage", an accident, including continuous or
repeated eposure to substantially the same general harmful condiions. All such e)eosure to
substantially the same general harmful conditions \,\ill be deemed to arise out of one
"occurrence ".
ln the event of continuing or progressively deteriorating damage over any length oI time, such
damage shall be deemed to be one "occurrence", and shall be deemed to occur only wtlen
such damage first commences.
2 fu rBspects "personal and advenising injury", an offense arising out ol your business that
causes "personal and advenising injury". All damages that arise lrom the same, related or
repeated injurious material or act v\ill be deemed to arise out of one "occurrence", regardless
of tle lrequency or repetition thereof, the number and kind o, media used and the number ol
claimants.
O. "Other insurance" means a valid and collectible policy of insurance providing coverags for
damages covered in \ tlole or in part by this policy.
Ho\pver, "other insurance" does not include "scheduled underlying insurance", tte "Self-lnsured
Retention" or any policy ol insurance specifically purchased to be excess oI this policy affording
coverage that this policy also affords.
R. "Personal and advertising injury" means injury arising out of your business. including consequential
"bodily injury", arising out o{ one or more ot the folloWng o{lenses:
1. False arrest, dotenton or imprisonment;
2 Mslicious prosecution;
3. The wrongful eviction ftom. wongful entry into, or invasion ol the right o, private occupancy o{
a room, d' elling 9r premises that a person occupies committed by or on behalt of its ov\ner,
landlord or lessor;
4. Oral or \ ritten publication, in any manner, of material trat slanders or libels a person or
orgsnization, or disparages a person's or organization's goods, products or services;
Pagc 17 ot 24
oc-ut!88
1X9799 ( 10/06'
ffi page 151 of 163
5. Oral or wittEn publication, in any manner, of mabrial trat violates a person's right of privacy;
6. The use o{ another's advertising idea in your 'advertisement"; or
7. lnJringement upon another's copyright, tIade dress or slogan in your "ad\€rtisement".
S. "Policy period" means the period o, tme fom the inception date shovn in ltem 2 of he
Declarations to the earlier oI the expiration date sho' n in ltem 2 o{ fie Declarations or the effective
date of terminaton ot this policy.
T. "PollutanB" moans any solid, liquid, gaseo(js or lhermal irritant or contaminant including smoke,
vapor, soot, fumes, acids, alkalis. chemicals and \ aste, Waste includes materials to be recycled,
reconditioned or reclaimed.
U. 'Products-completed operations hazard" means all "bodily injury" and "property damage" occurring
a\ 6y ftom premises you ov\n or rant and arising out o, "your product" or "your v\ork" except:
1. Products that are still in your physical possession; or
2 Work trat has not yet been completed or abandoned. Honever, "your raork" \ill be deemed
completed at the earliest of the follovring timesr
a. Vvhen all ol the \ ork called lor in your contract has been completed;
b. Wren all ol the raork to be done at the job site has been completed i, your contract calls tor
uork at more ttan one job site; or
c. Vlhen fiat part ol tle \^ork done at a job site has been put to its intended use by any
person or organization other than anolher contractor or subcontractor \ orking on the same
Project'
Work fist may need service, mainbnance, correction, repair or replacement, but \hich is
other\^ise complete, ' ill be roabd as completed.
"Products-completed operations hazard" does not include "bodily injury" or "property damage"
arising out of:
1. The ransponation ol property, unless the injury or damage arises out of a condition in or on a
vehicle not ovned or operated by you and tr]at condition u6s created by the loading or
unloading (meaning "loading or unloading" but \^ith respect to a vehicle) of thst vehicle by any
"lnsured"; or
2 The existence of tools, uninstalled equipment or abandoned or unused materials.
V. "Property damage" means:
1. Ph,ysical injury to tangiue property, including all resulting loss ol use of that property. Al such
loss of use v\ill be deemed to occur at the time of the physical injury that caused it; or
2 Loss of use of tangible property that is not physically injured. Al such loss o{ use \dll be
deemed to occur at the time of the "occurrence " that caused it.
For the purposes o{ this insurance, electronic data is not tangible property.
As used in fiis defnition, electronic data means inlormation, facts or programs stored as or on,
created or used on, or transmitted to or from computer softvrare, including systems and applications
soft\ €re, hard or foppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any
other media \ hich are used \ ith eloctronically conrolled equipment.
W. " Retained Arnount" means:
l The total applicaUe limits of "scheduled underlying insurance" (plus any "Self-lnsured" retention
applicable fiereto) and any applicable "other insurance' providing correrage to the "lnsured"; or
2 The "Self-lnsured Retention" applicable to each "occurrence" that results in damages not
covered by "scheduled underlying insurance' nor any applicaHe "other insurance" providing
coverage to the "lnsured".
oc-ut/tBR
1X9799 (1dc5l Pas. 1A ot 24
pags 152 of 163Hielri;ffiI
X "Scheduled underlying insurance" means:
1. The policy or policies ol insurance and limits oI insurance (plus any selfnsured retention
applicable thereto) shovn in the Schedule ol Underlying Insurance; and
2 Automatically any ren8\^€l or replacement oI any policy in Paragraph 1 above, provided that
such renevral or replacement provides equivalent coverage to and affords limits of insurance
equal to or greater than the poiicy being rene\ ed or replaced.
"Scheduled underlying insurance" does not include a policy of insurance specifcally purchased to
be excess of this policy aftording coverage that this policy also aftords.
Y. "Self-lnsured Retention" means the amount that is shov'n in lbm 4 of the Declarations.
Z. "Suit" means a civil proceeding in \ ttich damages because of "Bodily lnjury", "Property Damage",
or 'personal and advertising injury" to v*rich this policy applies 8re alleged. "Suit" includes:
1. An arbitration proceeding in ldrich such damages are claimed and to \,hich he "lnsured" must
submit or does submit \ith our consentj or
2 Any other alternative dispute resolution proceeding in wtrich such damages are claimed and to
, trich the "lnsured" submits \ itrr our consent.
AA. "Temporary uorker' means a person vrtro is furnished to you to substitrJte for a permanent
"employee" on lea\€ or to meet seasonal or short-term uDrkload conditjons .
BB."VoiunEer \^orker" means a person v*ro is not your "employee" and who donates his or her raork
and acE at the direction of and v\ithin the scope of duties determined by you, and is not paid a fue,
salary or other compensation by you or anyone else for their raork perbrmed ior you.
CC. "Yo:r prduct" means:
1. Any goods or products, other than real property, manu{actrred, sold, handled, disfibuted or
disposed of by:
a. You;
b. Others tading under your name; or
c. A person or organization \ hose business or assets you have acquired; and
2 Containers (other than vehicles), materials, parts or equipment furnished in connection 'Aithsuch gods or products.
"Your groduct" includes:
1. Warranties or representations made at any time 'nitr respect to the fhess, quality, durability,
periormance or use ol "your product"; and
2 The providing ol or failure to provide \^6rnings or instructions.
"Your product" does not include vending machines or other property rented to or located for the
use of others but not sold.
DD."Your \ Drk" means:
1. Work or operations perfurmed by you or on your behalf; and
2 Materials, parts or equipment furnished in connection \^,ith such \,ork or operations.
"Your raork " includes:
1. Warranties or representations made at any time vrith respect to the fitless, quality, durability,
pericrmance or use of "Your Work"; and
2 The providing oI or fuilure to provide \ Ernings or instructions.
SECTION VI . CONDITIONS
oc-urmR
tx9799 { 10/05)Pasc 19 of 24
Bi##ffi pago 153 ol 163
A. Appeals
ln the event the frst Named lnsured or fie frst Named lnsured's underllng insurer (if applicable)
elect(s) not to appeal a judgement in excess of the "Betained Amount", v1€ may elect to make
such appeal at our o\n cost and excense, and rE shall be liable fror the taxable costs and
disbursements and interest incidental thereto, but in no event shall our liability lor damages exceed
the sum set brth in the Declaration's for any one "occurrence", including the cost and erpense of
such appeal.
B. Exomination of Your Books and Records
We may audit and examine your books and records as they relate to this policy at any lime during
the period ol this policy and for up to firee (3) years alter the expiration or termination o{ flis
policy.
C. Bankruptcy or lnsolvency
Your receivership bankruptcy, insolvency or inability to pay or the receivership bankruptcy,
insolvency or inability to pay ot any oI your underlying insurers vrill not relieve us lrom tro psymsnt
of damages covered by this policy. But under no circumstances nill such receivership bankruptcy,
insolvency or inability to pay in any \,^6y increase or e&and our liability or require us to drop dowl,
replace or assume any obligation under "scheduled underlying insurance".
D. Cancsllation
1. The first Named lnsured shov'n in the Declarations may cancel this policy by mailing or
delivering to us advance witten notice of cancellation.
2 We may cancel this policy by mailing or delivering to the frst Named lnsured v\ritten notice o,
cancellation at least:
a. 10 days before the eftctiw date o, cancellation i{ v\E cancel ior nonpayment o, premium; or
b. 30 days before the efbctive date ot cancellation il rae cancel br any other reason.
3. We vrill mail or deliver our notice to the 6rst Named lnsured's last mailing address knowr to us.
4. Notice of cancellation \ill state the ellective date of cancellation. The "policy period" v\ill end
on that date.
5. lf this policy is canceled, rae vrill send the frst Named lnsured any premium refund due. ll \^€
cancel, the refund \ill be pro rata. lI the frst Named lnsured cancels, earned prsmium \ill be
calculated in accordance vrith the customary short-rate table and procedure, or the Mnimum
Earned Premium at lnception of the policy shov'n in ltem 5 oI the Declarations, v*rich ewr is
greater. The cancellaton v\,ill be eftective even il \ e have not made or oJfured a refund.
6. lf notice is mailed, proof oJ mailing \ ill be suffcient prool of notice.
E. Change ln Contro I
lf during the "policy period":
1. the frst Named lnsured designaed in ltem 1 ol the Declarations consolidates \ ith or merges
into, or sells all or subGtantially all of its assets to any person or entity; or
2 any person or entity acquires an amount o{ fie ouBtanding ov\nership interests representing
more than 50% of the voting or designation po!1€r ,or the election oI directors oJ the frst
Named lnsured designated in ltem 1 ot the Declarations, or acquires the voting or designation
rights of such an amount of o\,vrership interests;
This policy\ill continue in full Iorce and effect as to "bodily iniury" and "propeny d8mage" that
occur prior to the ef{ective date o, such transaction and 'personal and advertising iniury" caused
by an "occurrence" hat takes place prior to the elfuctire date otsuch transaction. There v\ill be
no coverage aflorded by this policy for "bodily injury" or "property damage' trat occurs on or after
the effective date oI such transaction and "personal and advertising injury" caused by an
"occurrence" f]at takes olace on or after the elfuctive date oI such transaction,
OC,UMBR
1X9799 { 10/05)Pasa m ot 24
page 154 of 163Effiffiffi
F. Changes
Nolice to or kno\ tedge possessed by any person shall not a{fect a vl€iv€r or change in any part of
this policy or stop us lrom asserting any rights under the terms o{ this policy, nor shall the terms o{
this policy be \ €ived or changed, excefi by endorsement issued to,orm a pan hereof. signed by
an autlorized representative ol the Company.
G. Dulios in thg Evsnt ot an Occursnca, Claim or Suit
1. You must seo to it trat \^€ are notifed as soon as practicable o{ an "occurrence" tha may
result in a claim or "suit" under this policy, To the extent possible, notice should include:
a. How, v*ren and vtrere the "occurrence" took place;
b. The names and sddresses ol anv iniured persons and any \ itrlesses; and
c. The nature and location of any injury or damage arising out oI the "occurrence".
Z 11 a claim is made or "suit" is brought against any "lnsured" u,tlich is reasonauy likely to
involve this policy, you must notify us in witing as soon as practicable on the 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 293118
Nashvilla. TN 3722931 18
Claim reporting inlormation can also be fiound on our \f€bsite, $/ww.lcxinqtoninsur.nc..com
3. You and any other involved "lnsured" must:
a. lmmediately send us copies ol any demands, notices, summonses or legal papers received
in connecion Vrith the claim or "Suit";
b. Arthorize us to obtain records and other inlormaton;
c. Cooperate vr,ith us in the investigation, setdement or defense of the claim or "Suit"; and
d. Assist us, upon our request, in the enJorcement ol any right against any person or
organization that may be liable to the "lnsured" because of iniury or damage to \ tlich this
insurance may also apply.
4. No "lnsured" v\ill, except at that "lnsured's" ovtr1 cost, voluntarily make a paYment, assume any
obligation or incur any e)Qense, other than for first aid, \ itilolt our consent.
H. lnspoction
We have the right, but are not obligat€d, to inspect your premises and operatons at any time. Our
inspectons are not safety inspections, They relaE only to the insurability ol your premises and
operations and the premiums to be charged. We may give you reports on the conditions that \^€
fnd, We may also recommend changes. We do not. houever, undertake to perfolm lhe duty of
any person or organization to provide lor the health or safuty ot your "employees" or lhe public.
We do not v\€rrant the health and safuty conditions of your premises or operations or represent tlat
your premises or operations comply \ ith laras. regulations, codes or standards.
l. Logal Actions Against Us
No person or organization has a right under this policy:
1. To jcin us as a party or otherWse bring us into a 'suit" asking for damages {rom an "lnsured";
or
2 To sue us under this policy unless all of its terms have been fully complied \ ith.
A person or organization may sue us to recover on an agreed settlement or on a fnal iudgment
against an "lnsured"; but \,te v\ill not be liable for damages that are not payable under tlis policy or
tfrat are in excess oI tle applicable limits ol insurance of this policy. An agreed settlement means
a settlement and release o, liability signed by us, the "lnsured" and the claimant or the claimsnt's
legal representative.
o c -ut\iBR
1X9799 ( 10/O5|Pasc 2't ol 24
ffi page 155 of 163
J. Maintonance ol Schsduled Underlying lnsulanco
You agree that during the "policy period":
1. You \,ill keep "scheduled underlying insurance" in full force and effuct;
2 The terms, defnitions, conditions and exclusions ol "scheduled underllng insurance" \ill not
matorially change;
3. The total applicabJe limits oI "scheduled underlying insurance" \ ill not decrease, except for any
reduction or etraustion ol aggregate limits by payment o{ damages to r hich this policy applies.
4. Any rene\€ls or replacements of "scheduled underlying insurance" rrtill provide equivalent
coverage to and afford limits of insurance equal to or greater fian the policy being ren€\/\€d or
replaced.
lf you fail to comply r,rith these requirements, \ 19 \ ill be liable only to the same extent that v\e
\^ould have, had you fully cornplied \ ith these requirements.
K. Othsr lnsurancs
l{ other valid and collectible insurance applies to damages that ar6 also covered by this policy, this
policy v\ill apply excess or lhe "other insurance". Ho\ €ver, this provision lrill not apply il the other
insurance is specifically \ ritten to be excess of this policy,
L. Promium and Audit
1. We vrill compute all premiums lor this policy in accordance \ ith our rules and rates.
Z ll the premium for this policy is a flat premium, it is not subject to adiustment, except that
additional premiums may be required ,or any additional excosure and/or "lnsureds", or as
provided for in Conditon D Cancellation. The premium showr in lt€m 5 of the Declaralions as
the Total Advance Premium is a deposit premium only. ll the policy is subiect to audit
adjustment, tre actual exposure base r ill be used to compute the earned premium. lt tr]e
learned premium is greater than fie Advance Premium, the frst Named lnsured vrill pay the
dil{erence to us due and payable upon notice. Subject to the Annual fuInimum Premium shoran
in ltem 5 ol tre Declarations, i{ the earned premium is less than the Total Advance Premium,
rae Wll return the diffurence to the frst Named lnsured.
3. The frst Named lnsured must keep records o, the in{ormation \^E need br premium
computation, and send us copies at such tmes as v1E may request. The frst Named lnsursd
shovrrr on the Declarations is responsible fcr the payment of all premiums and \^ill be the payee
for any retJrn prBmiums \ € pay.
M. Reprosentations ol Frsud
By accepting this policy, you agree:
1. The stabments in the Declarations are accurata and complebi
Z Those statemenE 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 lraud by you as it relates to this policy or any claim or "suit"
under this policy.
N. Separation oI "lnsurods "
Except '^ith respect to th€ limits ol insurance oI fiis policy and rights or duties specifically
assigned to the first Named lnsured designated in ltem 1 of the Declarations, this insurance applies:
1. As if each "Named lnsured" vlEre the only "Named lnsured"; and
2 Separately to each "lnsured" against vhom claim is made or "Suit" is brought,
O. Transler ol RighB oI Recovery
1. lJ any "lnsured" has rights to reco\rcr all or part oI any payment v\e have made under this
policy, those rights are transfurred to us. The "lnsured" must do nothing after loss to impsir
these rights and must help us enlorce them,
o c -utlBn
1X9799 11005)Pasc 22 ol 24
E{#4+ffi page 156 of '163
2 Afly recoveries v\ill be applied as blio\^€:
a. Any person or organization, including the "lnsured', that has paid an amount in excess ol
the applicable limits o, insurance of this policy \ ,ill be reimbursed f rsu
b. We then \ ill be reimbursed up to the amount v\€ have paid; and
c. Lasdy. any person or organization, including the "lnsured" that has paid an amount over
v\hich this policy is excess is entided to claim the remainder.
Epenses incurred in the exercise of rights o{ recovery v\ill be apportioned among the persons or
organizations. including the "lnsured', in the ratio of tteir respective recoveries as fnally setded.
3. lI, prior to the time ol an "occurrence", you and the insurer of "scheduled underlying
insurance" uaive any right o, recovery against a specific person or organization ior iniury or
damage as required under an "insured contract", \^€ will also uaive any rights \,e may have
against such Oerson or organization
P. Tronstar of Your Rights 8nd Dutios
Your righG and duties under this policy may not be transfurred \^ithout our uritten consent.
lf you die or are legally declared bankrupt, your rights and duties v\ill be fansfe(ed to your legal
representative, but only while acting \ i1hin the scope ol duties as your legal representative
l]orarsver. notice o, cancellation sent to the frst "Named lnsured" designated in ltem 1 ol the
Declaralions and mailed to the address showt in tris policy v\ill be sufficient notice to eflect
cancellation oJ tlis policy.
O. Service ol Suit
It is agreed that in the event of our tailure to pay any amount claimed to be due hereunder, \^€, at
the request o, the "lnsured", ,a,ill submit jurisdicton ol a court of competent jurisdiction \ ithin the
United States. Nothing in this condition constitutes or should be understood to constitute a r aiver
ol our rights to commence an action in any court o{ competent jurisdicdon in t1e United States, to
remove an action to a United States Disrict Court or to seek a transfer o, a case to another court
as permitted by the lavrs o{ fre United Stat€s or oI any stat6 in the United States. lt is further
agreed that service of process may be made upon Counsel, Legal Oepartment, Lexington lnsurance
Company, 99 High Street, Boston, Massachusetts 02110, or his or her representative, and hat in
any "suit" instituted against us, upon this policy, v\E vrill abide by the fnal decision of such coun or
ol an appellate court in the event oI an appeal.
Further, pursuant to any statute of any state, territory, or district o{ the United States which makes
provision thereror, \€ hereby designate the Superintendent, Commissioner, Director of lnsurance,
or otler orfcer specified frcr that purpose in the statute, or his or her successor or successors in
offce as our true and la\ fi,1| attorney upon \ hom may be served any lawful process in any acbon,
"surt" or proceeding instituted by or on behall ol you or any benefciary hereunder arising out ol
this conuact ol insurance, and hereby designate the Counsel, Legal Department, Lexington
Insurance Company, 99 High Sfeet, Boston, Massachusetts 0211O, as the person to \ flom trre
said offcer is authorized to mail such process or a true copy th€reor.
R. Arbitr8don
Notuithstanding Condition O. Service of Suit. above, in the event of a disagreement as to the
interpretation ot this policy (except \aifi regard to rnheher this policy is void or voidable), it is
mutually agreed that such dispute shall be submitted to binding arbitration berore a panel oI thre€
(3) Arbitrators consisting ol t\ ,o (2) party-nominated (non-impartial) Abitrators and a third (impartisl)
Arbitrator (hereinaftsr "umpire") as the sole and exclusive remedy
The party desiring arbitation o{ a dispute shall notify the other pany, said notice including the
name, address and occupation oI the Arbrtrator nominated by the demanding party. The ofler party
shall, r'rithin 30 days bllo\ ing receipt ol the demand, notit in witing the demanding party o, the
name, address and occupation ol the Arbkator nominated by it. The t\^,o (2) arbirato{s so selected
shall, \^ithin 30 days ol the appdntrnent o{ the second Abhrator, select an umpire. l, the Arbitrators
are unable to agree upon an umpire, the selection ol the umpire shall be submitted to the Judicial
Arbitratjon and lMediation Services (hereinafter, "JAMS'). The umpire shall be selected in
accordance vrith Bule 15 (as may be amended Jrom tme to time) of the JAlv6 comprehensive
Abitration Rules and Procedures lor the selection of a sole arbitator'
oc -ullBB
1X9790 { 10/O5t Paga B ot 24
*.,!JJir
ffi&
page 157 of 163
The panies shall submh their cases to the panel by \,witbn and oral evidence at a hearing time and
place selected by the umpire. Said hearings shall be held \,{ihin 30 days o{ the selection ol the
umpire. The panel shall be relieved ol all judicial formality, shall not be obligated to adhere to the
sfict rules o, law or ol evidence, shall seek to enforce the intent of the parties hereto and may
re{er to, but are not limited to, relevant legal principles. The decision of at least t'aD (2) ol the
firee (3) panel members shall b€ binding and final and not subject to appeal e xcept br grounds o{
fraud and gross misconduct by the Arbitrators, The a\ Erd \ ill be issued within 3O days of the
close oI the hearings. Each party shall bear e&enses ol its designated Arbitrator and shall jcinty
and equally share \ ath the other the expense ot the umpire and the arbifatjon.
The arbifation proceeding shall take place in the vicinity ol the first Named lnsured's mailing
address as shovur in the Declarations or such other place as may be mutually agr8ed by the first
Named lnsured and us, The procedural rules applicaue to this arbitration shall, except as provided
other\ise herein, be in accordance nith the JANTS Comprehensive Arbitration Rules and
Procedures,
lN WTNESS WHEREOF, rae have caused this policy to be executed and attested, but this policy r^ill
not be valid unless countersigned by one oJ our duly authorized representatives, wtrere required by law.
,e"k /,,"P*,d'*
5/0
o c -uiraB
1X9799 l1006l Pagc 24 ot 24
page '1 58 of 163ffi
The following replaces Paragraph A.5., Transter ol
Rlghts ot R€cov€ry Agalnst olhers To Us, of the
CONOITIONS Section:
5. Transter Of Rights Of Recovery Against Oth-
ers To Us
We waive any right of re@very we may have
against any person or organization to the extent
Leighlon Group lnc
BA3B70a41 224alc
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET WAIVER OF SUBROGATION
This endorsement modities insurance provided under the following
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
required of you by a written contract executed
prior to any 'accident' or "loss", provided that the
"accident" or "lcs' arises out of the operations
contemplated by such contract. The waiver aF
plies only to the person or organzation desig-
nded in such contracl.
45rf1
cA T3 40 02 15 O 2015 Tho Travol€r3 lnd€mnrly Compeny. Allnghls tasdv€d.
hdudes copynghtod mat6n.l ol ln6urenco Ssrvrc.€ Ollica, lnc. 1/rh [s p€rmrsslon
Page 1 of 1
*EAJI+
ffiiiE
L€ighlon Group lnc
BA38708,1312243G
PROVISIONS
I . The following is added to Paragraph A.1.c., Who
ls An lnsured, of SECTION ll - COVERED
AUTOS LIABILITY COVERAGE:
This ancludes any person or organization who you
are required under a written conlract or
agreement between you and that person or
organization, that is signed by you before the
"bodily iniury" or "property damage" occurs and
that is in etfect during the policy period, to name
as an sdditional insured for Covered Autos
Liability Coverage, but only for damages to which
this insurance applies and only to the e{ent of
that person's or organization's liability for the
conduot of another "insured"
page 160 of 163
2. The follo,ving is added to Paragraph 8.6., Other
lnsurance of sEcTloN lv - BUSINESS AUTo
CONDITIONS:
Regardless of the provisions of paragraph a. and
paragraph d. of this part 5. Other lnsurance, this
insurance is primary to and non-contributory with
applicable other insurance under which an
adcritional insured person or organization is the
firsl named insured when the wrilten contracl or
agreement between you and that person or
organization, lhat is signed by you before the
"bodily iniury" or "properly damage' occurs and
that is in effect during the policy period, requires
this insurance to be primary and non-contributory.
COI\,IMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
This endorsement modifies insurance grovided under the follo\rying
BUSINESS AUTO COVERAGE FORM
45/J
cAT4 74 02 16 u 2016 The Travele6 lndemnity ComPany All righls reserved
lncludes copyriqhted materialof lnsurancs Services Oflice Ino wlth is permission
Page I of 1
BLANKET ADDITIONAL INSURED. PRIMARY AND
NON.CONTRIBUTORY WITH OTHER !NSURANCE
page 162 of 163
.-.
TRAVELERSJ WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICYONE TOHER SQUARE
HARTPORD CT O 5183
ENDORSEMENT WC 99 03 76 ( A) - oo1
POLICY NUMBER: UBl Fsoss8l2243G
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 injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule.
The additional premium for this endorsement shall be 2.00 o/o of the California workers' compensation pre-
mium.
Schedule
Person or organization
ANY PERSON OR ORGANIZATION POR
I{IIICH THE INSI'RED IIAS AGREED
BY WRITTEN CONTRACT EXECI'TED
PRIOR tO LOSS TO FURNISH THIS
WAIVER.
Job Descrlption
All Opertttions
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise
stated.
ffhe lntormation below is requlred only when this endorsement is issued subsequert to preparation of
th€ policy.)
Endo6ement Effeclive Ogb1n122 Policy No. U8185O99812243G Endorsement No,
lnsured Leighton Group lnc Premium
lnsurance Company
45/5
DATE OF ISSUE:ST ASSIGN:
Countersigned by
Page 1 of 1
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