2022/02/14 Leighton Consulting, Inc. (32)Ffr't+
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page 2 of 55
1211912022
THIS CEBTIFICATE IS ISSUED AS A MATTEB OF INFOFMATION ONLY AND CONFERS NO BIGI{TS UPON THE CEBTIFICATE HOLOEF. THIS
CERTIFICATE OOES NOT AFFIRMATIVELY ON NEGATIVELY AMEND. EXTENO OB ALTER TBE COVEBAGE AFFOBDED BY THE POLICIES
BELOW. THIS CEBTIFICATE OF INSUBANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSUBER(S), AUTHORIZEO
BEPBESENTATIVE OB PROOUCER. ANO THE CEHTIFICATE HOLDER,
IMPOFTANT: lf lhe cortltlcsl. holdor is En AOOITIONAL INSUBED, tho policy(ies) must h.ve AODITIONAL INSURED provlsions or b€ endoreed.
lf SUBFOGATION lS WAIVED, subiect to the tarm6 and condltlona ot lhe pollcy, cort6in pollcl.s may requlrc an ondoroamont. A atatomont on
thlg c*tiflclt6 does nol conla. any righla to the c. ltlcato holdcr in liau ot such endoraamont(a).
McGrlft lnsurance Serv lces
130 Thoary St6 20O
lrvlne, CA 92617
714 941-2e0o
INgIJFEO
Lelghton Group lnc
'l77gl Cowan Ste. i m
lrvlne, CA 92614-6009
PHONE FAX(rc. rio, cxr) (rc, No)
i-JSEss certsca @Mccrlfl.com
INS UF ER(S) AFFOAOIIIO COVEFAGE
tN6uAER a Lcrlng[on ln0urancG Comp.ny
l{suFEn B. Ttavcla13 Propcrty Casualty Co ol Amcr
rNsusEtrc TravGlcrg lndrmnlty Co of CT
INSUBEB O;
INSURER E
19437
256t 4
25682
Client#: 1257049 3O5LEIGHGBOACORD, CERTIFICATE OF LIABILITY INSURANCE
COVEBAGES CEBTIFICATE NUMBER REVISION NUMBER
THIS IS TO CEFIIFY IHAT THE POLICIES OF INSURANCE LISTEO BELOW HAVE AEEN ISSUED TOTHE INSUBED NAMEO ABOVE FONTHE POLICY PEBIOD
INDICATED, NO]WITHSTANOING Airy BEQUIBEMEM TEFIM OB CONOITION OF AIry CONIRACI OR OTHER MCUMENT WITH BESPECT TO WHICH THIS
CEBTIFICATE MAY BE ISSUED OR MAY PEFTAIN. THE INSURANCE AFFOBDED BY IHE POLICIES OESCBIBED HEREIN IS SUBJECT TO AL! THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
A
TYPE OF ITAUBANCE
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NOTE THE ABOVE CAPTIONED GENERAL LIABILITY, AUTO LIABILITY AND UMBRELLA LIABILITY POLICIES WERE CANCELLED
EFFECTIVE 11/1/2022. MCGRIFF IS NO LONGER THE INSURANCE BROKER ON THE OTHER COVERAGES DISPLAYED ON THIS
cERTtFICATE AS OF 11t1nO22. PLEASE CONTACT LETGHTON DIRECT (NIKHILA SRIRANGPATNA -
srlrangpatna@ leightongroup.com) FOR A CURRENT CERTIFICATE OF INSURANCE. THIS CERTIFICATES REPLACES AND
SUPERSEDES ANY PREVIOUSLY ISSUED CERTIFICATE.
(See Attached Descrlptlorc)
Ctty o, Menllee
29844 Haun Road
Sun Clty, CA 92586.0000
SHOULD ANY OF THE ABOVE DESCN|BEO POLICIES SE CA CELLED BEFOFE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN
ACCOBDANCE IVITH THE POLICY PBOVISIOI{S.
AUTHONqEO NEPRESEflTAIIVE
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CEBTIFICA HOLDER CANCELLATION
8483
ACOBD 25 (2016i/03) 1 ol2#s312275/.5ltn312U2A7
O 1908-2015 ACOFD COBPOBATION. All rlghts r..erv.d
SYI
Tho ACOBO nam. rnd loqo rr. r.Olalercd marks ot ACOBD
1
t Overall Policy
8A3R7084312243G
page 3 of 55ti'##
H&
DESCRIPTIONS (Continued from Page 1)
Csrtlficate ls subJoct to policy limits, conditions and excluslons.
RE: Contact Agreornont: Proioct,1'l061.013; Proiect Name: CIP 22-08 NORMANDY ROAD PEDESTRIAN IMPROVEMENTS;
PROJECT (MATERIAL TESTING); Locallon: Nomrandy Road, Menllee; Goolechnlcal Constructlon Servlces. Clty ot
Menllee and lts ofllcors, smployees, agsnts, and authorlzed voluntgors aro lncluded a9 additional lnsured as
rsepscts to General Llablllty and Commerclal Auto coveregos as requlred by wrltten Contracl. Gsnoral
Llabllity and Aulo Llabillty coveragee aro prlmary and noncontrlbulory as requhed by wrltten contracl.
Walvsr o, Subrogation ls lncluded wlth respect General Liablllty, Auto Llablllty, Workers Componsatlon as
required by wrltten contracl. Umbrella Liabillty is tollow rorm sublect to policy lorms, terms, condltlons,
oxcluslons and endorsements, gGoay Notlca o, Cancollatlon, Except lor l GDays lor Nonpaymenl ol Promlum
applies lo Goneral Liabillty as requlrsd by written conlract.
SAGITTA 2s.3 (201d031 2 ol2
#s312275451M31204247
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F'##
SH
Leighlon Group lnc
8A3R70a4312243G
BUSINESS AUTO COVERAGE FORM
pag8 4 of 55
COMMERCIAL AUTO
ca 00 01 10'l3
SECTION I- COVERED AUTOS
llem 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 lo
a coverage on the Declarations designate the only
"autos" that are covered "autos".
A. Oescriptlon Of Coverod Auto Oeslgnatlon
Symbols
Various provisions in this policy restrict coverage.
Read the entire policy carefully to determine rights,
duties and what is and is not covered.
Throughout this policy the words "you" and "youi'
refer to lhe Named lnsured shown in the Declarations.
The words "we", 'us" and'our" refer to the company
providing this insurance.
Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V -
Definitions.
Symbol Description Of Covered Auto oesignation SJlnEglr
1 Any "Auto"
2 Only those 'autos" you own (and for Covered Autos Liability Coverage any
"traalers" you don't own while attached to power units you own). This includes
lhose "autos' you acquire ownership of affer the policy begins.
Owned "Autos"
Only
3 Only the private passenger "autos" you own. This includes those private
passenger "autos" you acquire ownership of afler the policy begins.
Owned Private
Passenger
"Autos' Only
4 Only those 'autos' you own that are not of the private passenger type (and for
Covered Autos Liability Coverage any "trailers" you don't own while attached to
power units you own). This includes those 'autos" not of the private passenger
type you acquire ownership of afler the policy begins.
Owred
'Autos" Other
Than Private
Passenger
'Autos" Only
Only those'autos" you own thal are required to have no-tault 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-
fault benefits in the state where they are licensed or prirlllpally garaged.
Owned "Autos"
Sub.iect To
No-fault
6 only those "autos" you own that because of the law in the state where they are
licensed or principally garaged are required to have and cannot reject Uninsured
Motorists Coverage. This includes those "autos' you acquire ownership of afler the
policy begins provided they are sublect to the same state uninsured motorists
requiremenl
Owned "Autos"
Subject To A
Compulsory
Uninsured
Motonsts Law
7 only those "autos" described in ltem Three of the Oeclarations for which a
premium charge is shown (and for Covered Autos Liability Coverage any "trailers'
you don't own while attached to any power unit described in ltem Three).
Speci{ically
Described
"Aulos"
8 Only those'autos" you lease, hire, rent or borrow. This does not include any 'auto"
you lease, hire, rent or borrow from any of your "employees", partners (if you are a
partnership), members (if you are a limited liability company) or members of their
households.
Hired "Autos'
Only
9 Only those "autos" you do not own, lease, hire, rent or borrow that are used in
connection with your business. This includes 'autos' owned by your "employees',
parlners (if you are a partnership), members (if you are a limited liability company)
or members of lheir households but only while used in your business or your
personal affairs.
Non-owned.Autos' Only
cA 00 01 10 13 @ lnsurance Services Office, lnc., 201 1 Page 1 ol 12
84U5
ll#+ffi
B. owned Autos You Acquire After Tho Pollcy
Beglns
1. ff Symbols 1,2,3, 4,5, 6 or 19 are enterd
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. Bul, if Symbol 7 is entered next to a coverage
in ltem Two of the Declarations, an 'auto' you
acquire will be a covered 'auto' for that
coverage only if:
a. We already cover all "autos" that you own
for thal coverage or it replaces an "auto'
you previously owned that had that
coverage; and
b. You tell us within 30 days after you acquire
it that you want us to cover it for that
coverage.
C. Certaln Trallors, Moblle Equlpment And
Temporary Substltute Autos
lf Covered Autos Liability Coverage is provided by
this 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 of its owner as a temporary
substitute for a covered "auto" you own that is
out of servrce because ol ils:
a. Breakdown:
b. Repair;
c. Servicing;
d. "Loss":or
o. Oestruction.
pago 5 of 55
19 Mobile
Equipment
Subject To
Compulsory Or
Financial
Responsibility
Or Other Motor
Vehicle
lnsurance Law
Only
Only those "autos" that are land vehicles and that would qualify under the definition
of 'mobile equipment" under this policy if they were not subject to a compulsory or
financial responsibiiity law or other motor vehicle insurance law wfiere they are
licensed or principally garaged.
It4lt6
Page 2 ol '12 @ lnsurance Services Offlce, lnc., 2011 ca000t'l013
SECTION II - COVERED AUTOS LIABILITY
COVERAGE
A. Covsrags
We will pay all sums an "insured" legally musl pay
as damages because of'bodily iniury" or "property
damage" lo which this insurance applies, caused
by an 'accident" and resulting from the ownership,
maintenance or use of a covered 'auto".
We will also pay all sums an "insured" legally must
pay as a "covered pollution 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 injury" or
"property damage" to which this insurance applies
that is caused by the same "accident'.
We have the right and duty to defend any
"insured' against a "suit" asking for such damages
or a "covered pollution cosl 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 cosl or
expense" to which this insurance does not apply.
We may investigate and settle any claim or "suit"
as we consider appropriate. Our duty to defend or
seltle ends when the Covered Autos Liability
Coverage Limit of lnsurance has been exhausted
by payment ofjudgments or settlements.
1 . Who ls An lnsursd
The following are 'insureds':
a. You for any covered 'auto".
b. Anyone else whale using with your
permission a covered "auto" you own, hire
or borrow except:
(1) The owner or anyone else from whom
you hire or borlow a covered "auto".
This exception does not apply if the
covered "auto' is a "trailer" connected lo
a covered "aulo' you own.
bffi+tffi
(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 6he is working in a business of
selling, servicing, repairing, parking or
storing "autos" unless that business is
yours.
(4) Anyone other than your "employees",
partners (if you are a partnership),
members (if you are a limited liability
company) or a lessee or borrower or
any of their "employees", while moving
property to or from a covered "auto".
(5) A partner (if you are a partnership) or a
member (if you are a limited liability
company) for a covered "auto' owned by
him or her or a member of his or her
household.
c. Anyone liable for the conduct of an
"insured" described above but only to the
extent of that liabilitY.
2. Coverags Extensions
a. Supplementary Paymonts
We will pay tor 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) All reasonable expenses incurred by the
"insured" al our request, including actual
loss of earnings up to $250 a day
because of time off from work.
(5) All court costs taxed against the
"insured" in any "suit" against the
"insured" we defend. However, these
payments do not include attorneys'fees
or attorneys' expenses taxed against the
"insured".
(6) All interest on the full amounl of any
iudgment thal accrues afler entry of the
Judgment in any "suit" against the
"insured'we defend, but our duty to pay
interest ends when we have Paid,
offered to pay or deposited in court the
part of the .judgment that is within our
Limit of lnsurance.
page 6 of 55
These payments will not reduce the Ljmil of
lnsurance.
b. Out-of-stateCoverage Extensions
While a covered "auto" is away lrom the
state where it is licensed, we will:
('1) lncrease the Limit of lnsurance for
Covered Autos Liability Coverage to
meet the limits specified by a
compulsory or financial responsibility
law of the jurisdiction where the covered
"auto" is being used. This extension
does not apply to the limit or limits
specified by any law governing motor
carriers of passengers or property.
(2) Provide lhe minimum amounts and
types of other coverages, such as no-
fault, required of out-of-state vehicles by
the jurisdiction where the covered "auto"
is being used.
We will not pay anyone more than once for
the same elements of loss because of
these extensions.
B. Excluslons
This insurance does not apply to any of the
following:
'1. Expected Or lntended lnJury
"Bodily injury" or "property damage" expectedor intended from the standpoint of the
"insured".
2- Contractual
Liability assumed under any @ntract or
agreement.
But this exclusion does not apply to liability for
damages:
a. Assumed in a conlract or agreement that is
an "insured contract", provided the "bodily
injury" 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.
8A8 t
cA 00 01 10 13 @ lnsurance Services Offlce, lnc., 20'l 1 Page3of12
ffi
4. Employee lndemnlflcation And Employe/s
Llablllty
"Bodily injury" to:
a. An "employee' of the "insured" arising out
of and in the course of:
(l) Employment by the "insured"; or
(2) Performing the duties related to the
conduct of the 'insured's. business; or
b. The spouse, child, parent, brother or sister
of thal "employee" as a consequence of
Paragraph a. above.
This exclusion applies:
(1) Whether the 'insured' may be liable as
an employer or in any other capacity;
and
(2) To any obligation to share damages with
or repay someone else who must pay
damages because of the in,ury.
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
contract'. For the purposes of the Coverage
Form, a domestic "employee" rs a person
engaged in household or domeslic work
performed principally in connection with a
residence premises.
5. Fellow Employee
"Bodily injury" to:
a. Any fellow "employee" of the 'insured'
arising out of and in the course of the fellow
"employee's" employment or while
performing duties related to the conduct of
your business; or
b. The spouse, child, parent, brother or sister
of that fellow "employee" as a consequence
of Paragraph a. above.
6. Care, Custody Or Control
"Property damage" to or "covered pollution costor expense" involving properly owned or
transported by the "insured" or in the
"insured's" care, custody or control. Bul lhis
exclusion does not apply to liability assumed
under a sidetrack agreement.
7. Handling of Property
"Bodily injury" or "property damage" resulting
from the handling of property:
a. Before it is moved from the place where it is
accepted by the "insured' for movement
into or onlo the covered "auto': or
pago 7 of 55
b. After it is moved from the covered "auto" to
the place where it is finally delivered by the
"insured".
8. Movoment Of Proporty By Mochanlcal
Devlco
"Bodily injury" or "property damage" resultingfrom the movement ol property by a
mechanical device (other than a hand truck)
unless the dsr'ice is attached to the covered
"auto".
9. Operatlons
"Bodily injury" or "property damage" ari8ing out
of the operation of:
a. Any equipment listed in Paragraphs 6.b.
and 6.c. ot the delinition of "mobile
equipment"; or
b. Machinery or equipment that is on, attachedto or part of a land vehicle that would
qualify under the definition of "mobile
equipment' if it were not subject to a
compulsory or financial responsibility law or
other motor vehicle insurance law where it
is licensed or principally garaged.
'10. Completed Operatlong
"Bodily injury' or "property damage" arising outo, your work afler that work has been
completed or abandoned.
ln this exclusion, your work means:
a. Work or operations performed by you or on
your behalf; and
b. Materials, parls or equipment furnished in
connection with such work or operatrons.
Your work includes warranties or
representations made at any time with respecl
to the fitness, quality, durability or perlormance
of any of the ilems included in Paragraph a. or
b. above.
Your work will be deemed compleled at the
earliest of the following times:
(1) When all of the work called for in your
contract has been completed;
(2) When all of the work to be done at the
site has been completed if your contract
calls for work at more than one site: or
(3) When that part of the work done at a job
site has been put to its intended use by
any person or organization other than
another contractor or subcontractor
working on the same proJect.
Lt4ltu
Page 4 of 12 @ lnsurance Services Office, lnc.,2011 cA 00 01 1013
ffi
Work that may need service, maintenance,
correction, repair or replacement, but which is
otherwise complete, will be treated as
completed.
'l't . Pollutlon
-Bodily inlury" or "property damage" arising out
of the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of "pollutants':
a. That are, or that are contained in any
property that is:
('t) Being transported or towed by, handled
or handled ror movement inlo. onto or
from the covered 'auto';
(2) otherwise in the course of transit by or
on behalf of the'insured"; or
(3) Being stored, disposed of, treated or
processed in or uPon the covered
"auto";
b. Before the "pollutants' or any property in
which the "pollutants- are contained are
moved from the place where they are
accepted by the "insured' for movement
into or onto the covered "auto", or
c. Afler the "pollutants' or any property in
which the "pollutants" are contained are
moved from the covered "auto" to the place
where they are finally delivered, disposed of
or abandoned by the "insured".
Paragraph a. above does not apply to fuels,
lubricants, fluids, exhaust gases or other
similar "pollutants" thal are needed lor or result
from lhe normal electrical, hydraulic or
mechanical functioning of the covered "auto' or
its parts if:
(1) The "pollutants' escape, seep, migrate
or are discharged, dispersed or released
directly from an "auto' part designed by
its manufacturer to hold, store, receive
or dispose of such "pollutants"; and
(2) The "bodily injury", "proPerty damage" or
"covered pollution cost or expense'
does not arise out of the operation of
any equipment listed in Paragraphs 6.b.
and 6.c. of the definition of "mobile
equipment'.
page I of 55
Paragraphs b. and c. above of this exclusion
do not apply to "accidents" lhat occur away
from premises owned by or rented to an
'insured" with respect to "pollutants" not in or
upon a covered "auto" if:
(a) The "pollutants" or any property in
which the "pollutants" are contained
are uPset, overturned or damaged as
a result of the maintenance or use of
a covered "auto"; and
(b) The discharge, dispersal, seepage,
migration, release or escape of the
"pollutants' is caused directly by
such upsel, overlurn or damage.
12. Wa(
'Bodily injury" or 'property damage' arising
directly or indirectly out of:
a. War, including undeclared or civil war;
b. Warlike action by a military force, lncluding
action in hindering or defending against an
actual or expected attack, bY any
government, sovereign or other authority
using military personnel or other agents; or
c. lnsurrection, rebellaon, revolution, usurped
power or action taken by governmental
authority in hindering or defending against
any of these.
13. Racing
Covered'autos" while used in any professional
or organized racing or demolition conlest or
stunting aclivity, or while practicing for such
contesl or activity. This insurance also does
not apply lvhile that covered "auto" is being
prepared tor such a contest or activity.
C. Limit Of lnsurance
Regardless of the number of covered 'autos",
"insureds", premiums paid, claims made or
vehicles involved in the "accident", the most we
will pay for the total of all damages and "covered
pollution cost or expense" combined resulting from
any one "accident" is the Limit Of lnsurance for
Covered Autos Liability coverage shown in the
Declarations.
84ti1l
ca 00 0'l 'l 0 13 O lnsurance Services Oftice, lnc.. 2011 Page5ofl2
ffi
All "bodily injury", "property damage' and "covered
pollution cost or expense. resulting from
continuous 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
Parl
SECTION III - PHYSICAL DAMAGE COVERAGE
A. Coverage
1. We will pay for "loss'to a covered "auto" or its
equipment under:
a. Comprshsnslve Covsrage
From any cause except:
(1) The covered 'auto's' collision with
another object; or
(2) The covered "aulo's" overturn.
b. Speclfled Causss Of Los6 Coverage
Caused by:
(1) Fire, lightning or explosion;
(2) Thefl;
(3) Windstorm, hail or earthquake;
(4) Flood;
(5) Mischief or vandalism: or
(6) The sinking, burning, collisaon or
deraiiment of any conveyance
transporting the covered "auto".
c. Colllslon Covsrago
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 lamit shown in the
Declarations for towing and labor costs
incurred each time a covered "auto" of the
privale passenger type is disabled. However,
the labor must be performed at the place of
disablement.
page 9 of 55
3. cla6s Breakage - Hlttlng A Blrd Or Anlmal -Falllng Objects Or MlsBllos
lf you carry Comprehensive Coverage for the
damaged covered'aulo", 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 ol overturn considered a'loss" under
Collision Coverage.
4. Coverage Extonslons
a. Tranaportatlon Expensgs
We will pay up to $20 per day, to a
maximum of $600, for temporary
transportation expense incurred by you
because of the total thefl of a covered"auto' of the private passenger type. We
will pay only for those covered "autos" for
which you carry eilher Comprehensive or
Specified Causes Of Loss Coverage. Wewill pay for temporary transportation
expenses incurred during the period
beginning 48 hours after the thefl and
ending, regardless of the policy's expiration,
when the covered "auto'is relurned lo use
or we pay for its "loss".
b. Loss Of Use Expenses
For Hired Auto Physical Damage, we willpay expenses for which an "insured"
becomes legally responsible to pay for loss
of use of a vehicle rented or hired wilhout a
driver under a written rental contract or
agreement. we will pay for loss of use
expenses if caused by:
(1 ) Other than collision only it theDeclaralions indicales that
Comprehensive Coverage is provided
for any covered 'auto':
(2) Specified Causes Of Loss only if the
Declaralions indicates that Specified
Causes Of Loss Cor'erage is provided
for any covered "auto'; or
1t490
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(3) Collision only if the Declarations
indicates that Collision Coverage is
provided for any covered "auto".
However, the most we will pay for any
expenses for loss of use is $20 per day, to
a maximum of $600.
B. Ercluslons
l. We will not pay for'loss'caused by or resulting
from any o, the followang. Such 'loss" is
excluded regardless of any other cause or
event that contributes concurrently or in any
sequence to the "loss".
a. Nuclear Hazard
(l) The explosion oi any weapon employing
atomic fission or fusion; or
(2) Nuclear reaction or radiatlon, or
radioaclive contaminalion. however
caused.
b. War Or Mllltary Actlon
(1 ) War, including undeclared or civil war;
(2) Warlike action by a military force,
including action in hindeing or
defending against an actual or expected
attack, by any government, sovereign or
other authority using military personnel
or other agents; or
(3)lnsurrection, rebellion, revolution,
usurped power or action taken bY
governmental authority in hindering or
defending against any of these.
2. we will not pay for "loss" to any covered "auto"
while used in any professional or organized
racing or demolition contest or stunting activity,
or while practicing for such contest or activity.
We will also not pay for "loss" to any covered
"auto" while that covered "auto" is being
prepared for such a contest or activity.
3. We Wll not pay for'loss" due and confrned lo:
a. Wear and tear, freezing, mechanical or
electrical breakdown.
b. Blowouts, punctures or other road damage
to tires.
This exclusion does not apply to such "loss"
resulting from the total thefl of a covered
"auto".
4. We will not pay for 'loss' to any of the
following:
a. Tapes, records, discs or other similar audio.
visual or data electronic devices designed
for use with audio. visual or data electronic
equipment.
page 10 of 55
b. Any device designed or used to detect
speed-measuring equipmenl, such as radaror laser detectors, and any iammingapparatus intended to elude or disrupt
speed-measuring equipment.
c. Any electronic 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 eleclronic
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 lhe time of "loss", is:
a. Permanenlly installed in or upon the
covered "auto":
b. Removable from a housing unit which is
permanently installed in or upon the
covered "aulo":
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 Wll not pay for 'loss' to a covered "auto"
due to "diminution in value".
C. Llmlts Of lnsurance
1. The most we will pay for:
a. "Loss" to any one covered "auto" is the
lesser of:
(l) 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 wilh other
property of like kind and quality.
b. All electronic equipment thal reproduces,
receives 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 installed in or upon the
covered "auto" tn a housing, opentng or
other location that is not normally used
by the "auto' manufacturer for the
installation of such equipment;
849l
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(2) Removable from a permanently inslalled
housing unit as described in Paragraph
b.(1) above; or
(3) An integral part ot such equipment as
described in Paragraphs b.(1) and b.(2)
above.
2. An adjustment for depreciation and physical
condition will be made in determining actual
cash value in the event of a tolal 'loss".
3. lf a repair or replacement results in better than
like kind or quality, we will not pay for the
amount of the betterment.
O. Deductlble
For each covered "auto", our obligation to pay for,
repair, return or replace damaged or stolen
property will be reduced by the apphcable
deductible shown in the Declarations. Any
Comprehensive Coverage deductible shown in th€
Declarations does not apply to "loss" caused by
fre or lightning.
SECTION IV - BUSINESS AUTO CONDITIONS
The following conditions apply in addition to the
Common Policy Conditions:
A. Loss Conditlons
1. Appralsal For Physlcal Damage Losa
lf you and we disagree on the amount of'loss'.
either may dernand an appraisal of the 'loss".
ln this event, each party will select a competent
appraiser. The two appraisers will select a
competent and impartial umprre. The
appraisers will state separately the actual cash
value and amount of "loss'. lf they fail to agree.
they will submit their differences to the umpire.A 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. Dutles ln The Event Of Accldent, Clalm, Sult
Or Losa
We have no duty to provide coverage underthis policy unless there has been tull
compliance with the following duties:
a. In the evenl of "accident", claim, "suit" or
"loss", you musl give us or our authorized
representative prompt notice of the
"accident" or "loss". lnclude:
(l) How, when and where the "accident" or
"loss" occurred:
pago 11 ot 55
(2) The "insured's" name and address: and
(3) To the extent possible, the names and
addresses of any injured persons and
witnesses.
b. Additionally, you and any other involved
"insured. must:
(1) Assume no obligation, make no
payment or incur no expense without
our consent, except at the "insured's"
own cost.
(2) lmmediately send us copies of any
requesl, 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 to obtain medical records
or other pertinent information.
(5) Submit to examination, at our expense,
by physicians of our choice, as ofien as
we reasonably requrre.
c. lf there is 'loss' to a covered "aulo" or its
equipment, you must also do the following:
(l ) Promptly notify the police if the covered
"auto' or any of its equipment is stolen.
(2) Take all reasonable steps to protect the
covered "auto" from furlher damage.
Also keep a record ot your expenses for
consideration in the settlemenl of the
claim.
(3) Permit us lo inspect the covered 'auto'
and records proving the "loss" before its
repair or disposition.
(4) Agree to examinations under oath al our
request and give us a signed statement
of your answers.
3. Logal Actlon Agalnst Us
No one may bring a legal aclion against us
under this Coverage Form untrl:
a. There has been full cornpliance with all the
terms of this Coverage Form; and
b. Under Covered Autos Liability Coverage,
we agree in writing that the *insured" has an
obligation to pay or until the amount of that
obligation has flnally been determined by
judgment afrer trial. No one has the right
under this policy to bring us into an action
to determine the "insured's" liabilily.
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4. Loss Paymsnt - Physlcal Oamage
Coveragos
At our option, we may:
a. Pay for, repair or replace damaged or
stolen property;
b. Return the stolen property, at our expense.
We will pay for any damage that resulls to
the'auto" from the theft; or
c. Take all or any pa 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 Recovery Agaln3t
Others To Us
lf any person or organization to or for whom we
make payment under this Coverage Form has
rights to recover damages from another, those
rights are transferred to us. That person or
organization must do everything necessary lo
secure our rights and must do nothing afler
"accident" or "loss" to impair them.
B. Genoral Condltlons
'1. Bankruptcy
Bankruptcy or insolvency of the "insured' or the-insured's" estate will not relieve us of any
obligations under this Coverage Form.
2. Concoalment, Mlsrepresentation Or Fraud
This Coverage Form is void in any case of
fraud by you at any time as it relates to this
Coverage Form. lt is also void if you or any
other "insured", at any time. intentionally
conc€als 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. Llberallzatlon
lf we revise this Coverage Form to provide
more coverage without additional premium
charge, your policy will automatically Providethe additional coverage as of the day the
revision is effective in your slate.
4. No Bensfit To Ballae - Physical Damage
Covorages
We will not recognize any assignment or grant
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.
page 12 of 55
5. Other lnsurance
a. For any covered "auto" you own, this
Coverage Form provides primary
insurance. For any covered "aulo" you don't
own, the ansurance Provided bY this
Coverage Form is excess over any olher
collectible insurance. However, while a
covered "auto" which is a "trailer" is
connecled to another vehicle, the Covered
Autos Liability Coverage this Coverage
Form provides for the'trailer" is:
(1) Excess while it is connecled lo a molor
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 "aulo" you lease. hire, rent or
borrow is deemed to be a covered "auto"
you own. However, any "auto" that is
leased, hired, rented or borrowed with a
driver is not a covered "auto".
c. Regardless of lhe provisions of Paragraph
a. above, this Coverage Form's Covered
Autos Liability Coverage is primary for any
liability assumed under an 'insured
contract".
d. \r'Uhen this Coverage Form and any other
Coverage Form or policy covers on the
same basis. either excess or Pnmary, we
will pay only our share. Our share is the
proportion that the Limit of lnsurance of our
Coverage Form bears to the total of the
limits of all the Coverage Forms and
policies covering on the same basis.
6. Premlum Audlt
a. The estimated premium for lhis Coverage
Form is based on the exposures you told us
you would have when this policy began. We
will compute the final premium due when
we determine your actual exposures. The
estimated total premium will be credited
against the final premium due and the first
Named lnsured will be billed for the
balance, if any. The due date for the final
premium or retrospective premium is the
date shown as the due date on the bill. lf
the estimated total premium exceeds the
flnal premium due, the first Named lnsured
will get a refund.
b. lf this policy is issued for more than one
year, the premium for this Coverage Form
will be computed annually based on our
rates or premiums in effect at the beginning
of each year of lhe policy.
P/113
cA 00 01 1013 O lnsurance Services Office, lnc., 201'l Page9of12
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7. Pollcy Perlod, Coverage Terrltory
Under this Coverage Form, we cover
"accidents" and "losses" occurring:
a. Durang the policy period shown in the
Declarations; and
b. Within the coverage territory.
The coverage territory is:
(1) The United States of America;
(2) The territones and possessions of the
United States ol Amenca:
(3) Puerto Rico;
(4) canadai and
(5) Anywhere in the world if a covered
"auto" of the private passenger type is
leased, 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 Slates of America, the
territories and possessions of the United States
of America, Puerto Rico or Canada, or in a
settlement we agree to,
We also cover "loss" to, or "accidents"
involving, a covered "auto" while being
transported between any of these places.
8. Two Or More Coverage Forms Or Policies
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 Limit of
lnsurance under all the Coverage Forms or
policies shall not exceed the highest applicable
Limit of lnsurance under any one Coverage
Form or policy. This condition does not apply to
any Coverage Form or policy issued by us or
an affliated company specifically to apply as
excess insurance over this Coverage Form.
SECTION V - DEFINITIONS
A. "Accident" includes conlinuous or repeated
exposure to the same conditions resulting in
"bodily injury" or "property damage".
B. "Auto" means:
1. A land motor vehicle, "trailed' or semitrailer
designed for travel on public roads; or
page 13 of 55
2. Any other land vehicle that is subject to a
compulsory or financial responsibility law or
other motor vehicle insurance law vrhere 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 pollulion cost or expense" means any
cost or expense arising out of:
'1. Any request, demand, order or statutory or
regulatory requirement thal any "insured" or
others test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or in any
way respond to, or assess the effects of,
"pollutants"; or
2. Any claim or "suit" by or on behalf of a
governmenlal authority for damages becauseof testing for, monitoring, cleaning up,
removing, containing, treating, detoxifying or
neutralizing, or in any way responding to, or
assessing the effects of, "pollutants'.
"Covered pollution cost or expense" does not
include any cost or expense arising out of the
actual, alleged or threatened discharge, dispersal,
seepage, migration, release or escape of
"pollutants":
a. That are, or that are contained rn any
properly that is:
(1) Being transported or towed by, handled
or handled for movement into, onto or
from the covered "auto";
(2) Otherwise in the course of transit by or
on behalf ofthe "insured"i or
(3) Being stored, disposed of, treated or
processed in or upon the covered
"auto":
b. Before the "pollutants" or any property in
which the "pollutants" are contained are
moved from the place where they are
accepted by the "insured" for movemenl
into or onto the covered "auto"; or
c. Afler the "pollutants" or any property in
which the "pollutants" are contained are
moved from the covered 'auto. to the place
where they are finally delivered, disposed of
or abandoned by the "insured'.
8494
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Paragraph a. above does not apply to fuels.
lubricants, fuids, exhaust gases or olher
similar "pollutants' that are needed for or result
from the normal electrical, 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 from an "auto'part designed by
its manufacturer to hold, store, receive
or dispose of such "pollutants", and
(2) The 'bodily in,ury", "property damage" or
"covered pollution cost or expense"
does not arise out of the operation of
any equipment listed in Paragraph 6.b.or 6.c. of the defrnition of "mobile
equipment".
Paragraphs b. and c. above do not aPply to
"accrdents" thal occur away from premises
owned by or rented to an "insured' with respect
to "pollutants" nol 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 o,
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 workef.
"Employee" does not include a 'temporary
worker".
G. "lnsured" means any person or organization
qualitying as an insured in the Who ls An lnsured
provision of the applicable coverage. Except with
respect to the Limit of lnsurance, the coverage
afforded applies separately to each insured who is
seeking coverage or against vrhom a claim or
"suit'' is brought.
H. "lnsured contract' means:
1. A lease of premises;
2. A sidetrack agreement;
3. Any easement or license agreement, except in
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 for a municipality;
page 14 of 55
5. That part of any other contract 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 contracl 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 "auto". However, such
conlract or agreement shall not be considered
an "insured contract" to the extent that it
obligates you or any of your "employees" to
pay for "property damage" to any "auto" rented
or leased by you or any of your "employees'.
An'insured contract'does not include that part of
any contract or agreement:
a. That indemnities a raiiroad for'bodily injury"or "property damage" arasing out of
construction or demolition operations, within
50 feet of any railroad properly and
affecting any railroad bridge or trestle,
tracks, roadbeds, lunnel, underpass or
crossing;
b. That pertains to the loan, lease or rental ofan "auto" to you or any of your
"employees', if the 'auto" is loaned, leased
or rented with a driver; or
c. That holds a person or organization
engaged in lhe business of transporting
property by "auto" for hire harmless for your
use of a covered 'aulo" over a route or
territory that person or organization is
authorized to serve by public authority.
l. 'Leased worker" means a person leased to you by
a labor leasing firm under an agreement between
you and the labor leasing firm to perform duties
related to the conduct of your business. 'Leased
worker" does not include a "temporary worker".
J. "Loss" means direct and accldental loss or
damage.
K. "Mobile equipment" means any of the follolving
types of land vehicles, including any attached
machinery or equipment:
1. Bulldozers, farm machinery, torklifls and other
vehicles designed tor use principally off public
roads;
2. Vehicles maintained for use solely on or next to
premises you own or rent:
3. Vehicles that travel on crawler treads;
8495
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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 equipment
such as graders, scrapers or rollersi
5. Vehicles not described in Paragraph 1., 2., 3.
or 4. above that are not self-propelled and are
maintained primarily to provide mobility to
permanently attached equipment of the
following types:
a. Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical explorataon, lighting
and well-servicing equipment; or
b. cherry pickers and similar devices used to
raise or lower workers: or
6. Vehicles not described in Paragraph 1., 2., 3.
or 4. above maintained primarily for purposes
other than the lransportation of persons or
cargo. However, self-propelled vehicles with
the following types of permanently attached
equipment are not "mobile equipment" but will
be considered "autos":
a. Equipment designed primarily for:
(1) Snow removal;
(2) Road maintenance, but not construction
or resurfacing; or
(3) Street cleaning:
b. Cherry pickers and similar devices mounted
on automobile or truck chassis and used to
raise or lower workers; and
c. Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploratron, lighting
or well-servicrng equrpment.
page '15 of 55
However, "mobile equipment' does not include
land vehicles that are subject to a compulsory or
financial responsibility law or olher motor vehicle
insurance law where it is licensed or principally
garaged. Land vehicles subject to a compulEory or
financial responsibility law or other motor vehicle
insurance law are considered "autos".
L. "Pollutants" means any solid, liquid, gaseous or
thermal rrritant or contaminant, including smoke,
vapor. sool, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
M.'Property damage' means damage to or loss of
use of tangible property.
N- "Suit" means a civil proceeding in which:
1. Damages because ol 'bodily inlury" or
"property damage"; or
2. A "covered pollution cost or expense";
to which this insurance applies, are alleged.
"Suit'includes:
a. An arbitration proceeding in which such
damages or "covered pollution costs or
expenses" are claimed and to which the
"insured" must submil or does submit with
our consent: or
b. Any other alternative dispule resolution
proceeding in which such damages or
"covered pollution costs or expenses" are
claimed and to which the insured submits
with our consent.
O. "Temporary worker" means a person who is
furnished to you to substitute for a permanent
'employee" on leave or lo meet seasonal or short-
term workload conditions.
P. "Trailer" includes semilrailer.
MI}Ii
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page 16 of 55E!*g-!*
k_l}.!kHdg+
ENDORSEMENT
This €ndors6m6nt. eflectivs 12:O1 AM
Forms 6 part of policy no.: 065463440
lssued to: Leighlon Group lnc
a2t1412ol2
By ; LEXINGTON INSURAftCE COMPANY
ADDITIONAL INSUBED - OWNERS, LESSEES OR
CONTRACTORS- COMPLETED OPERATIONS
lBased on CG 2037 04/13)
This endorsement moditles inslrrancc provided by the tolkr\^/ing:
COMMERCIAL GENERAL LIAB ILITY POLICY
SCHEDULE
Name ol Additional lnsured Person{sl
or Organization lsl
Location oI Complot6d Operations
AS REOI,IRED 8Y I.IRITTEN CONTRACT
lnformation req0ired to complete this Schedule, if not shou,n above, will be sho\Mt in the Declaralions
A. Section ll - Who ls An lnsu.sd is amonded to inc[rde as an Edditionsl inslrrod lhe person{s) or
organization(s) shov',n in the Schedule, but onlv !!ith respect to liability ,or "bodily iniury", or
"property damago" caused, in whole or in part, by "your \nrk" at lhc location designated and
dcscrihe., in the Schedrrle of this endo.sement perlormed for that additional insurcd and included in
the "products completed operalions hazard'.
1. The insLrrance sflorded to srJch additional instlred onlv applies to the exent permitted hy law
and
2. ll cove.age provided to the additional instrrcd is required by a contract or agreement, the
16sgp6n64 afforded to sLrch addilional insrtred will not be broader than that M,hich you are
required bV the conlracl or agreement to provide tor sLrch additional insured.
B. VVifi respect to the insrlrance afforded to these additional insureds, the lollowing is added to
Section lll - Limits OI lnsur!nco:
lf coverage providcd to the additional insurcd is required by a contract or agreement, lhe most \J!e
\ ill pay on bch6ll olthe additional insured is the amount ot insurance:
Offices. lnc., ltth its p€rmbsion All Rotlts Rss€N€d
ti49 /
pags 17 of 55
l. Required bV the contract or agreement or
2, Availahle rrnder the applicable Limits ol lnsrrrance shown in the Declarations;
vlhichever is less.
This endorsement shall nol increase rhe applicable Limits of lns(rrance shovm in lhe Dcclarafions
Al other tcrms and conditions ol the policy remain the same
849ii
Authorized Repres€ntative
lac[d€s Copyrigk€d lnft,mation oI th8 hrsurancs Servicss
OlfcEs. lnc . with its psrnrbgion All Rohts Reserv€d.
ffi
''1u.,t /,/'.v*",.*c/h.Lft_4.^
page 18 of 55
ffiHEffi6t
E N DOBSE MENT
This 6ndorsom6nt, sltective 1201 AM s2n4n@2
Forms a prit of policv no.: 066463440
lssuod to: Leighton Group lnc
Bv: LEX INGTON INSURAi{CE COIIPANY
PR IMARY/NON CONTR IBUTORY ENDORSEMENT
This endorsement modilies insuranc6 provided by the policy:
Notvlilhstanding any other provision of the pollcy to lhe contr8ry, the insurance aftorded hy fiis policy
,or the benefit ol the Addilional lnsured shall be primary insurance, but only with respect to any claim,
loss or liability arising out ot the Named lnsured's operations; and any insurance maintained by the
Additional lnsured shall be non -contributing.
Al olher terms and conditions o,f the policy remain lhe same.
Authodzed Roplssent tive OR
Countorsignature lln states wh6ro applicabl6)
ri499
r x9a38 {m05t
page 20 of 55uiflr,rr
SEE
ENDORSEMENT
This ondorsoment, €flecdve 12:01 AM @/14t2@2
Forms a part of policy no.: 06546snao
lssuod to: Leigtrton Group lrrc
By: LEXINGTON INSURANCE COi{PANY
WAIVE R OF SUBROGATION
{BLANKET)
It is agreed thal \,e, in the event ol a payment under this policy, waive our right ol subrogalion against
sny person or orgEnization \here the insured has wai\red lisbility of sLrch person or orgsnization as pan
o, a witten contractual agreemenl hetvl€en the inslrred and slrch person or organization entercd inlo
prior to the "occurrence" or offense.
Al other terms and conditions remain unchanged.
,r7e--
Authorized Repl€sentative OR
Countorsignatura (ln states where applicable)
u50l
LEXOCC 234 (11/0Ol
LXorlas
pags 22 ol 55
hffit
FHtilji;
ENDOBSEMENT
@114/2@2This endorsoment, ofteclivB 12:01 AM
Forms a part ol pollcv no.: 06646e44o
lssusd to: L€lghton Group lnc
By: LEX INGTON INSURANCE COIIPANY
CANCELLATION AMENDMENT
ln consideration o, the premium charged, ir is heroby agroed that the cancellation provision is amended
ro 90 days in lieu ol 130) days, erccpt lor non-payment ol premium vlhich remains (10) days.
Al other terms and conditions remain Unchanged
t#e--
Authorized Rept€sentaliva OR
Countoisignahrr€ (ln stabs where applicable)
8503
LX95a6 (02,03)
Ffr"ri#ffi
A. Section ll - Who ls An lnsured is amended to
include as an insured the person or organization
shovn in the Schedule, but only vrith respect to
liability arising out ol your ongoing operations
perlormed for that insured.
B. \Mth respect to the insurance aflorded to these
additional insureds, the follovr,ing exclusion is
added:
2 E xclusions
This insurance does not apply to "bodily in-
iury" or "property damage" occurring alter:
page 24 of 55
(1) All raork, including materials, parts or
equipment furnished in connection \,ith
such u,ork, on the proiect (other than
service, maintenance or repairs) to be
performed by or on behalf of the additional
insured(s) at the site oI the covered
operations has been completed; or
(2 That portion of "your uork" out o, which
the injury or dsmage arises has been put
to its intended use by any person or
organization other than anotler contsactor
or subcontractor engaged in perlolming
operations for a principal as a pan o{ the
same project.
Leighton Group lrrc
POLICYNUMBER: 065'163440
AMICT\AL IIUSI..RED - OIAI\ERS, LESSEES OR
MTITRACT'ORS - SOtDI'I.ED PERSO\I OR
ORGAIZATION
ENDORSEMENT COMMERCIAL GENERAL LIAB ILITY
cG 20 10 10 01
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
This endorsement modifes insurance provided under the follor,ring:
COMMERCIAL GENEBAL LIABILITY COVERAGE PAFT
SCHEDULE
Name ol Percon or Orgsnization:
AS REAUIRED BY WRITTEN CONTRACT
(lf no entry appears above, inrormation required to complete this endorsement vrill be shov,n in the Declarations
as applicable to this endors€ment.)
cG 20 10 10 0r
LX9605
o ISO Properties, lnc., 200O Page 1ol 1 t1
F#*
ffiffi
page 26 of 55
Leigtlon Group lnc 006546318
LEXNGTON INSURANCE COMPANY
Administrativo Offces: 99 High Stleet, Boston, Msssschusstts 02110
Commorcial Umbr8lls Lia bility Policy
Occurrence Form
Various provisions in this policy restrict co\r'erage. Read the entire policy carefully to determine rights,
duties and v\hat is and is not covered.
Throughout this policy the uords "you" and "your" reler to the "Named lnsured" shov'n in the
Declarations and any other person or organization qualifying as an "lnsured" under this policy. The
v\,ords "v\€," "us' and 'our" reftr to the company providing this insurance.
Words that appear in quotation marks have special meaning. Beler to SECTION V - DEFINITiONS.
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LX97S9 t',lo/O6l Paoc 1 of 24
SECTION I , INSURING AGREEMENT - COMMERCIAL UMBRELLA LIABILITY
A. We vr,ill pay on behal{ of the "lnsured" those sums in excess of lhe "Retsined Arnount" that the
"lnsured'' becomes legally obligated to pay as damages because oI "bodily iniury", " property
damage", or "personal and advertising injury" to \^hich this insurance applies. The amount \€ \,ill
pay is limited as described in SECTION lV - LIMITS OF INSURANCE.
No other obligation or liability to pay sums or perrorm acts or services is covered unless erplici(y
provided for under SECTION ll - DEFENSE AND SUPPLEMENTAFY PAYMENTS.
B. This policy applies, only ir;
1. The "bodily iniury" 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 advenising injury" is caused by olfense arising out o{ your business, but
only i{ the offense uas committed in the "coverage territory" during the 'poiicy period"; and
4. Prior to the "policy period", no "lnsured" shovrn in Paragraph J.2.a. ot SECTION V
DEFINITIONS and, no officer, no manager in your risk management, insurance or legal
departrnent and no "employee" who uas authorized by you to give or receive notice oJ an
"occurrence", offense, claim or "suh", knew that the "bodily iniury" or "property damage" had
occurred, in rahole or in part, or that an 'occurrence" had been committed that caused 'personal
and advenising injury". lf such an "lnsured", officer, manager or authorized "employee" knew
prior to the "policy period", that the "bodily injury" or "property damage" had occurred or that an
"occurrence" had been committed flat caused "personal and advenising injury", then any
continuation, change or resumptjon ol such "bodily injury", "property damage" or "personal and
advertising injury" during or after the "policy period" \ill be deemed to have been knov\,n prior to
the " policy oeriod ".
C. "Bodily injury', "property damage", or "personal and advenising injury'' v*tich occurs during tle
"policy period' and wa€ not, prior to the "policy period", kno\ n to have occurred by any "lnsured"
shovrr in Paragraph J.2.a. of SECTION V - DEFINITIONS or any officer, any manager in your risk
management, insurance or legal departrnent or any "employee" authorized by you to give or
receive notice of an "occurrence", o{funse, claim or "suit", includes any continuation, change or
resumption of that "bodily injury", "property damage", or "personal 8nd advertising inlury" after
the end of the "policy period".
D. ''Bodily injury", "property damage" or "personal and advenising injury" r^,ill be deemed to have
been knowr to have occurred at the eadiest lime v*ren any "lnsured" shov'n under Paragraph
J.2.a. oI SECTION V. DEFINITIONS, any offcer, any manager in your risk management, insurance
or legal departrnent or any "employee" who was authoriz€d by you to give or receive notice oJ an
"occurrence", offense, claim or "suit":
1. Reports all, or any part, of the "bodily injury", "property damage" or "personal and advertising
injury" to us or any other insurer;
2 Receives a \^ritten or verbal demand or claim {or damages because of the "bodily injury",
"property damage" or "personal and advonising injury''; or
I
I
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'I'\,rr] l
3 Becomes a\4€re by any other means dlat 'bodily iniury" or "property damage" has occurred or
has begun to occur or that an "occurrence" or o{rense has been committed trat has caused or
may cause "personal and advertising injury".
E. Damages because of "bodily injury" include damages claimed by any person or organization br
care, loss of services or death resulting at any time lrom the "bodily injury".
F. lf \ € are prevented by law or statute lrom paying damages coraered by this policy on behali ot 'the
''lnsured", then v\r v.ill indemnify the "lnsured" for those sums in excess of the "Retained
Arnount".
SECTION II . DEFENSE AI{ D SUPPLEMENTARY PAYMENTS
A. We \,ill have the right and duty to defund any "suit" against the "lnsured" that seeks damages Ior
''bodily injury'', "property damage" or "personal and advertising injury" to wtrich this insurance
applies, even ifthe "suit" is groundless, Ialse or {raudulent \hen:
1. The total applicable limits ol "scheduled underlying insurance" and any applicable "otrer
insurance " have been e)hausted by payment oI damages to \ hich this policy applies; or
2 Subject to Paragraph B. of fiis Section ll, the damages sought because ol "bodily injury",
"property damage" or "personal and adve4ising iniury. v\ould not be covered by "scheduled
underlying insurance" or any applicable "olher insurance". even if the total applicable limiB of
either the "scheduled underlying insurance" or any applicaue "other insurance" had not b€en
e*lausted by the payment of damages.
ll rae are prevented by law or statute lrom assuming the obligalions specifed under this provision,
,ae vrill pay any e4oenses incurred \dth our consent.
B. We \^,ill have no duty to debnd the "lnsured" against any "suit" seeking damages tor ''bodily
injury", "propefty damage" or "personal and advertising iniury" to vrtrich this insurance does not
apply, including, but not limited to, Paragraph W. of SECTION lll - EXCLUSIONS.
C. \Mren v\€ assume the deftnse of any "suit" against the "lnsured" that seeks damages to which this
insurance applies, ue \ ill, subject to the limits of insurance:
1. lnvestigate, negotiate and setde the "suit" as \,1€ deem appropriate; and
2 Pay the follo\ ing Supplementary Payments to tre extsnt that such payments are not covered
by "scheduled underlying insurance" or any applicable "other insurance":
a. Ail e)penses vrc incur;
b. Premiums on bonds to release attachments ,or amounts not exceeding the applicabls limits
o1 insurance ol this policy, but vre are not obligated to apply tor or furnish any such bond;
c. Premiums on appeal bonds required by law to appeal I judgement in a "suit" for amounts
not exceeding the applicable limits ot insurance of tris policy, but \re are not obligated to
apply for or furnish any such bond;
d. Al coun costs taxed against the "lnsured" in the "suit";
o. Pre-judgment interest av\Brded against the "lnsured" on fiat part of the judgment \ ithin the
applicable limi6 ol insurance ol this policy vl€ pay. ll vre make an offer to pay tle
applicable limit of insurance. v1€ \^ill not pay any pre-judgment interest accruing aftsr \€
make such of{er;
l. Post-judgment interest tlat accrues after enry of judgment on t]at part ol the iudgemont
\ ithin the applicable limits of insurance ol this policy ur pay and before un have paid,
offered to pay or deposited in court that part oI fie iudgment that is \,\ithin the applicable
limiG ol insurance o{ fiis policy; and
g. The "lnsured's" expenses incurred at our request or \ ith our consent.
D. Except as provided in Paragraph A 8bo\€, v\e will have no duty to defund any "suit" against he"lnsured". We v',ill, 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. It u€ exercise this right,
rae rnill do so at our oun e)eense.
8
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LX97S9 l lcyosl Paso 2 ot 24
pag6 27 of 55
I
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page 28 of 55
E. We vrill not defrnd any "suit", or pay any 8ttorney tes or litigalion epenses including, \ ithout
limitation, the ergenses described in Paragraph C.2., above that accrue after trle applicable Iimits o,
insurance of this policy have been e*rausted by the payment oI damages 8nd rae vrill have the right
to \ ilhdraw fom the further defunse ol such "suit" by tendering contol o{ said debnse to the
'lnsured".
sEcTroN fl - ExcLUsloNs
This insurance d@s not apply tol
A. Expected or lntendod lniury
"Bodily injury", or "property damage" e&ected or intended fom the standpoint of the "lnsured".
This exclusion does not apply to "bodily iniury" resulting lrom the use o{ reasonable {orce to
protect persons or property.
8. Contractual Liability
"Bodily injury" or "property damage" br rahich the "lnsured" is obligated to pay damages by
reason ol the assumption ol liability in a contact or agreement. This exclusion does not apply to
liability tor damages:
1. That the "lnsured" vlould have in the absence of the contract or agreement; or
2 Assumed in a contract oI agreement that is an "insured contract' provided the "bodily injury"
or "property damage" occurs subsequent to the e)€cution of the contract or agreement. Solely
lor the purposes o, liability assumed in an "insured contract" reasonade attorney fues and
necessary litigalion expenses incurred by or for a party other than an "lnsured" are deemed to
be damages because ol "bodily injury' or "properh/ damage", and included \ ithin the limiB o,
insurance, provided:
a. Liability to such party for, or lor tho cost of, that party's deftnse has also been assumed in
the same "insured conuact"; and
b. Such attorney fues and litigation exponses are tor defunse o{ that party sgainst a civil or
alternative dispute resoluton proceading in wtrich damages to wttich this insurance applies
are alleged.
C. Liquor Lisbility
"Bodily iniury" or "property damage" for v*rich any "lnsured" may be held liable by reason of:
1. Causing or contributing to the intoxication o{ any person;
2 The furnishing of alcoholic be\€rages to a person under lhe legal drinking age or under lhe
influence of alcohol; or
3. Any statute, ordinance or reguladon relaling to the sale, gift, distribution or use oI alcoholic
beve rages,
Horaever, this exclusion \ ill not apply il co\rerage is provided ior such "bodily injury' or "property
damage" by "scheduled underlying insurance'.
Coverage under this policy lor such "bodily injury or "property damage" \ill follow tre terms,
definitions, conditions and exclusions of 'scheduled underlying insurance", subject to the "policy
period", limits o{ insurance, premium and all other terms, definitions, conditjons and exclusions of
this policy. Provided, ho\ €ver, that coverage provided by this policy \ 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 uorkers' compensation, disability benefits or unemployment
compensation law or any similar law.
E. E.R.t.S.A.
Any obligalion ol the "lnsured" under the Employee Retirement lncome Security Act ol 1974
(including amendments relatng to the Consolidated Omnibus Budget Reconciliation Act of 1985), or
any amendment or revision flereto, or any similar law or regulation.
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1X9790 ( 1dO5)Pase 3 ot 24
ffi page 29 of 55
F. Auto Covoragss
1. "Bodily injury" or "property damage" srising out o, fie ov,nership, maintenanc€ or use oi 6ny
"auto" \ hich is not a "covered auto"; or
Z fuly loss, cost or expense payable under or resulting from any frst party physical damsge
coverage; no-fault lavu personal iniury protection or auto medical paymenb coverage; or
uninsured or undsrinsured motorist law.
G. Employor's Liability
1. "Bodily injury" to an "employee" o, the "lnsured" srising out oI and in the course of;
a. Employment by tre "lnsursd";or
b. Per{orming duties related to the conduct ol the "lnsured's" business; or
2 Any claim or "suit" brought by the spouse, child, parent, brother or sister of that "employee"
as a consequence ol paragraph 1 abore.
This exclusion applies:
1. Wtrether the 'lnsured" may be liable as an employer or in any other capacity; and
Z To any obligation to share damages with or repay someone else \ ho must pay damages
because ol the iniury
This exclusion does not apply to liability assumed by the "lnsured" under an "insured contract".
Wth respect to iniury arising out of a "covered auto", lhis exclusion do€s not apply to "bodily
injury" to domestic "employees" not entted to raorker's compensation benefits. For the purpose
ol this insurance, a domestc "emplo\€e" is a person engaged in household or domestic v\ork
perbrmed principally in connections \ ith a residence premises'
This exclusion does not apply to lhe exEnt that valid "scheduled underlying insurance" for the
employer's liability risks described abow exists or v\,ould have existed but {or the exhaustion ot
underllng limits lor "bodily injury".
Coverage under this policy for such "bodily in,ury or "propeny damage" \ill follow the Erms,
defnitions, conditions and exclusions of "scheduled underlying insurance", subiect to the "policy
period", limits of insurance, premium and all other t6rms, defnitions, conditions and exclusions oJ
this policy. Provided, ho\ EVer, that coverage provided by this policy 'dll be no broader than tre
coverage provided by "scheduled und€rlying insurance".
H. Employmont Rolatod Practices
Any claim or "suit" alleging or assening in any respect loss. injury, or damage (including
consequential bodily injury) in connection vrith "wongful termination", and/or "discrimination ",
and/or "sexJal harassment".
The follorrrlng defnitions apply to this exclusion:
"Wrongful brmination" means termination of an employment relationship in a manner \ hich is
against the law and \ rongful, or in breach ol an implied agreement to continue employment.
" Discrimination" means termination of an employment relatonship or a demotion, or a failure or
refusal to hire or promote an individual because of race, color, religion, age, sex, disability,
pregnancy, natural origin, sexual orientation or other protected cstegory or characteristic
established pursuant to any applicable ,ederal, state, or local law regulation, or ordinance.
"Serual harassment" means unv\Blcorne serual advances and/or requests tor serual ,€vors and/or
other verbal or physical conduct ol a serual nature fiat (1) are made a condition ol employmont
andlor 12) are used as a basis for employment decisions and/or (3) create a \ 'ork environment tilat
interreres \ ith pertormance.
l. Pollution
This insurance does not apply to:
1. any "uooity injury". "property damage" or "personal and advertising iniury" arising out of the
acual, alleged or threatened discharge, dispersal. seepage, migraton, release or escape of
"pollutants" anyv*tere at any time;
t0
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LX979S) ( 10/O5t Page 4 ol 24
LEIIIT
Bf,*.+
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page 30 ol 55
2 Any loss, cost or erpense arising out ol any request, demand, order or statutory or regulatory
requirement that the "lnsured" or others test ior, monitor, clean up, remove. contain, treat,
detoify or neutralize. or in any v\€y respond to, or assess the effects o{ "pollutants"; or
3. Any lo6s. cost or expense arising out of any claim or "suit' by or on behal{ of a governmental
authority {or damages because of testing ior, monitoring, cleaning up, removing, containing,
feating, detoifying or neutralizing or in any v16y responding to, or assessing the efI€cts ol
"pollutan6 ".
Hov\ever, Paragraph 1 ol this exclusion $ill not apply i, coverage Ior such "bodily injury" or
"property damage" as is described in paragraphs 1 through 6 below is provided by "scheduled
underlyinq insurance "'
1. Pioducts-Completed Opsrations Hazard
Paragraph 1 of this exclusion does not apply v\ith respect to "bodily intury" or "property
damage" included r,{thin the "products-completed operations hazard" provided trat "your
product" or "your \ ork" has not at any time been:
a. Discarded, dumped, abandoned, throun auEy; or
b. Transported, handled, stored, teated, disposed o{ or processed as \aste; by anyone.
2 Hostile Fire
Paragraph 1 o, this exclusion does not apply vrith respect to "bodily intury" or "property
damage" arising out ot heat, smoke or fumes fom a "hostile fre".
3. Equipmont to Hoat the Building and Contractor/Lesses Operations
Paragraph 1 o, this exclusion does not apply to:
a. "Bodily injury" sustained vrithin a building and caused by smoke, fumes, vapor or soot
,rom equipment used to heat the building; or
b. "Bodily iniury' or "property damage" for \ hich you may be held liable it you are a
contractor and the ov'ner or lessee oI such premises, site or location has been added to
your policy as an additional "lnsured" v\,ith respect to your ongoing operations perlormed
,or thst additional "lnsured" at such premises, site or location, and such premises, site or
location is not and naver vras ovrned or occupied by. or rented or loaned to, any "lnsured",
other than the additional "lnsured".
4. Fuol6, Lubricants and Other Operating Fluids - Mobile Equipment
Paragraph I ol this exclusion does not apply to:
a. ''Bodily injury" or "property damage" arising out o,the escape olfuels, lubricants or otler
operatng fluids that are needed to perrorm normal electrical, hydraulic or mechanical
functions necessary lor the operation o, "mobile equipment" or its parts i{ such fuels,
lubricants or other operatng fuids escape from a vehicle psrt designed to hold, store or
receive them. This exception does not apply ilthe "bodily iniury" or "property damage"
arises out o, the intentional discharge, dispersal or release o, the fuels, lubricants or other
operating iuids. or if such fuels, lubricants or other operating fluids are brought on or to
fle premises, site or location uifi the intent that they be discharged, dispersed or released
as part of the operations being performed by such insured contractor or subcontractor; or
b. "Bodily lnjury" or "property damage" sustained vrithin a building and caused by the release
of gases, fumes or vapors from materials brought into that building in connection \ith
operations being performed by you or on your behalf by a contractor or subcontractor.
5. Fuels, Lubricanls, Fluids, etc. - Auto
Paragraph 1 of this exclusion does not apply to fuels, lubricants, fuids, e*raust gases
or other similar "pollutants" trat are needed ,or or result fom the normal electrical, hydraulic
or mechanical functioning ot an 'auto" covered by "scheduled underlying insurance" or its
parts, if:
11
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1X9799 ( 1006'Pasc 5 oI 24
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a. The "pollutants" escape, soep, migrate, or are discharged, dispersed or released directly
fom an "auto" part designed by its manubcturer to hold, store, receive or dispose o, such
"pollutants "; and
b. The "bodily injury" or "property damage" does not arise out of the operation o, gny
equipment shovtr| in Paragraphs 6b and 6c of the defnition o, "mobile equipment".
6. Upsat, Ovorturn or Damags ot an Auto
Paragraph 1 of this exclusion does not apply to "occurrences" that take place auay fom premises
omed by or renbd to an "insured' \ ith respect to "pollutants" not in or upon an "auto" covsrsd
by "scheduled underlying insurance" iI:
a. The "pollutants' or any property in \ hich the "pollutants" are contained are upset, overturned
or damaged as a result ol the maintenance or use of an "auto" covered by "scheduled
underlying insurance"; and
b. The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is cauged
directly by such upset, o\r'erturn or damage.
Coverage under this policy ,or such "bodily injury" or "property damage" as is described in
subparagraphs 1 through 6 above \^ill Iollow the terms, defnitions, conditions and exclusions o,
"scheduled underlying insurance", subiect to the "policy period", limiB of insurance, premium ond
all other terms, defnitions, conditions and exclusions of this policy. Provided, hov\aver, fiat
coverage provided by this policy \ill be no broader than the coverage provided by "schedulod
underlying insurance".
J. Arcraft Or watorcraft
"Bodily injury^ or "property damage" arising out o, tre ovnership, maintenance. use or entrustmont
to others of any aircraft, or watercraft o\/\ned or operated by or rsnted or loaned to any
"lnsured". Use includes operation and "loading or unloading."
This exclusion applies even il the claims against any "lnsured" sllege negligence or other
wongdoing in the supervision, hiring, employment, raining or monitoring of others by hat
"lnsured", i, the "occurrence" which caused the "bodily injury" or "property damage" involved the
ov.r'rership, maintenance, use or entrustment to others ot any aircraft, or v\6tercraft trat is ov'ned or
operated by or rented or loaned to any "lnsured".
This exclusion does not apply to:
1. A v\Etercraft \ hile ashore on premises you o\^rl or rent;
2 A v\Btercraft you do not ovfl fiat is;
a. Less than 26 leet long; and
b. Not being used to carry psrsons or property for a charge;
K. Wal
"Bodily injury" " property damage" or "personal and advenising injury", ho\ ever caused, arising
directly or indirecty out ol:
1. War, including undeclared or civil v\6r; or
2 Warlike action by a military brce, including action in hindering or defunding against an actral or
epected attack, by any government, sovereign or other authority using military personnel or
other agents; or
3. lnsurrection, rebellion, revolution, usurped po\€r, or action taken by governmental authority in
hindering or deftnding against any of these.
This exclusion does not apply to the use or threaten use of "terrorism".
As used in this exclusion, "terrorism" means the use or threatened use ol brce or violonce against
person or property, or commission of an act dangerous to human lifu or property, or commission o{
an act tlat interfures \^ifi or disrupts an electronic or communication system, undertaken by 6ny
person or group, vttether or not acting on behalf of or in any connection \ ith any orgsnization,
government, po\4,er, authority or military force, v*rcn the effect is to intimidate, coerce or harm:
12
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LX9799 ( 10/05)Pagc 6 o, 24
pago 31 of 55
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1, A government;
2 The civilian population o, a counry, state or community; or
3. To disruot the economy oI a counvy, state or community.
So Iong as the Terrorism Risk lnsurance Act ol 2002 (the "Act") is in effect, "terrorism" includes
an act of terrorism as defined by Section 1o2. Defnitjons of the Act and any revisions or
amendments thereto.
L. Damagg to Property
"Property damage" to:
1. Property:
a. You ov'n, rent or occupy, including any costs or expenses incurred by you, or any other
person. organization or entiv, for repair, replacement, enhancement, restoration or
maintenance o, such property br any reason, including prevention of injury to a person or
damsge to anothsr's ProPerty; or
b. Oraned or tansponed by the "lnsured" and arising out of the ov'nership, maintenance or
use of a "covered auto";
2 Premises you sell, give av\Ey or abandon, il the "propeny damage" arises out of any part ot
those premises;
3. Property loaned to you;
4. Personal propeny in lie care, custody or control o, the "lnsured";
5 That panicular pan ol real property on v*rich you or any contractors or subcontractors \,o(king
directy or indirecdy on your behall are perlorming operations, i{ the 'property damage' arises
out of those operations; or
6. That particular pan of any property flat must be restorod, repaired or replaced because "your
vrprk" vras incorrecty performed on it.
Paragraph 2 of this exclusion does not apply if the premises are "your \,ork" and u€re never
occupied, rented or held br rental by you.
Paragraphs 1b, 3, 4, 5 and 6 of lhis exclusion do not apply to liability assumed under a siderack
agreement.
Paragraph 3 and 4 ot this exclusion do not apply to liability assumed under a witbn Trailer
lnterchange Aqreement.
Paragraph 6 of this exclusion does not apply to "property damage" included in the "products'
completed operations hazard."
M. Damage to Your Product
"Property damage" to "your product" arising ojt o, it or 8ny part of it
N. Damags to Your Work
"Property damage" to "your \ ork" arising out of it or any part of it and included in the "products-
compl€ted operations hazard. "
This exclusion does not apply if the damaged v\ork or the \,\Drk out of \ hich the damage arises uas
perrormed on your behall by a subcontrador.
O. Damago to lmpairod Property or Property Not Physically lnjured
"Property damage" to "impaired property" or property that has not been physically iniured, arising
out ofl
1. A defuct. defciency, inadequacy or dangerous condition in "your product" or "1'our raork"; or
2 A d€lay or fsilure by you or anyone acting on your behall to perlorm a contract or agreem€nt
in accordance \^ith its terms,
This exclusion does not apply to the loss o{ use ol other property arising out o, sudden and
accidental physical injury to "your product" or "your v\ork " after it has been put to its intended
use.
t3
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1X9790 ( 10/05)Pase 1 ol 24
ffi page 33 of 55
14
OC.UMBR
1X9799 11cy05t P6ga 8 oI 24
P. Recall of ProducB, Work or lmpairsd Property
Damages claimed ior any lo6s, cost or expense incurred by you or others for the loss of use,
\,ithdra\ al, recall, inspection, regair, replacement, adjustnent, removal or disposal o{;
1. "Your product";
2 "Your !1ork "; or
3. "lmpaired propertyr';
i{ such product, \ork or property is Wthdravm or recalled lrom the markot or fiom use by any
person or organization because oI a knovfl or suspected defuct, deficiency. inadequacy or
dangerous condition in it.
O. Eloctlonic Data
Damages arising out o{ the loss of, loss of use of, damage to, corruption of, inability to access or
inability to manipulate electronic data.
As used in this exclusion, electronic data means information, fucts or programs stored as or on,
created or used on, or fansmited to or ftom computer softlnare, including systems and applications
softv\are. hard or foppy disks, CD-ROIltS, tapes, drives, cells, data processing devices or any other
media vfiich are used \ ith electonically controlled equipment.
R. Fungus/Mold
"Bodily iniury" or "property damage" or any other loss, cost or epens6, including, but not limited
to losses, costs or e&enses related to, arising from or associated vrith clean-up, remediation,
eontainment, removal or abatement, caused direciy or indirectly, in v*tole or in pan, by:
1. Any "fungus(i)", "molds(s)", mildewor yeast, or
2 Any "spore(s)" or toxins created or produced by or emanating fom such "fungus(i)",
"mold(s)", mildew or yeast, or
3 Any substance, vapor, gas, or other emission or organic or inorganic body substance produced
by or arising out of any "fungus(i)", "mold(s)", mildew or yeast, or
4. Any material, product, building component, building or stucture, or any concentration oJ
moistJre, vvater or other liquid raithin such material, product, building component, building or
stucture, that contains, harbors, nurtrres or acts as a medium {or any "fungus(i)', "mold(s)",
mildew yeast or "spore{s)' or toxins emanating therefom,
regardless ol any other cause, event, material, product and/or building component that
contibuEd concurrenty or in any sequenco to that "bodily injury" or "property damage", loss,
cost or epense.
For the purpose of this exclusion, the follovring defnitions are added to the policy:
"Fungus(i)" includes, but is not limi€d to. any of the plants or organisms belonging to the major
group fungi, lacking chlorophyll, and including molds, rusts, milde\ /s, smuts, and mushrooms.
"Mold(s)" includes, but is not limited to, any superfcial gro\ ih produced on damp or decaying
organic matter or on living organisms, and fungi that produce molds.
"Spore(s)" means any dormant or reproductive body produced by or arising or emanating out
o{ any "fungus(i)", "mold(s)", mildew plants, organisms or microorganisms.
S. Lead
1. "Bodily injury", "propeny damage', or "personal and advenising injury" br past, present or
future claims arising in whole or in pan, either direcdy or indirecty, out ol the manufacture,
distribution. sale, resale, rebranding, installation, repair. removal, encapsulation, abaEm6nt,
replacement or handling ot, eposure to, ingestion of or esting ,or, lead vfi€ther or not the lead
is or \,vas at any tme airborne as a panicle, contained in a product, carried on clothing, inhaled,
transmitted in any lashion or found in any form v\tratsoever;
2 The costs of clean up or removal ol lead or products and materials containing lead;
ffi page 34 ol 55
3. The costs of such actions as may be n€cessary to monitor, assess and evaluate the release or
threat oI same, or lead or products and material containing lead;
4. The cost of disposal of lesd substances or the taking ol such other action as may be necessary
to temporarily or permanendy prevent, minimize or mitigae damage to the public health or
, €lfEre or to the environment, wtlich may otherv\ise result; or
5. The cost of compliance v\ith any law or regulation regarding lead.
T. AsbostoB
1. "Bodily injury" in any way arising out of fie use by any person or organization of or e&osure to
asbestos, asbestos products, asbestos fbers or asbestos dust;
Z "Prcpertf damage" to real property arising out of tre use by any person or organization of
asbestos, asbostos products, asbestos fbers, asbestos dust, including \ 'ithout limitation the
Costs incurred \jfl respect to the removal or abaEment ol asbestos, asbestos products,
asbestos fbers or asbestos dust from or in such real property;
3. Any obligation ot 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 or'lhe manufacttrre oJ,
mining of. use oi, sale of, removal ol, distrifution ot, or exposure to asbestos, asbestos
products, asbestos fibers or asbestos dust; or
4. Any obligation to defund any claim or "suit" against the "lnsured" alleging "bodily iniury",
sickness, disease, occupational disease, disability, shock, death, mental anguish or mental
injury or "property damage" resulting from or contributed to, by any and all manuhcture of,
mining of, use of, sale of, removal oJ, distribution ot. or eposure to asbestos, asbestos
products, asbestos fibers or asbestos dust.
U. Nuclear
1. ''Bodily iniury" or "property damage":
a. Wfi respect to \ hich an "lnsured" under the policy is also an 'lnsured" under a nuclear
energy liability policy issued by Nuclear E nergy Liability lnsurance Association, MJtual
Atomic E nergy Liability Underwiters, Nuclear lnsurance Associalion or Canada or any such
policy but ror its termination upon e*laustion ot its limit of liability; or
[. Resulting lrom lhe "hazardous properties" ol "nuclear material" and \^ith respect to wtlich
(i) any person or organization is required to maintain financial protection pursuant to the
Atomic Energy Act oJ 1954, or any law amendatory thereof, ol (ii) the "lnsured" is or had
this policy not been issued 'aould be, entiied to indemnify fom the United States ol
Anerica, or any agency thereor, under any agreement entered into by lhe Unitod States ol
America, or any agency there of rrrith any person or organization
2 "Bodily injury" or "property damage" resulting fom tre "hazardous propenies ol "nuclear
material", il:
8. The "nuclear material" (i) is at any "nuclear facility" ov\rred by, or op€rated by or on behalJ
of, an "lnsured" or (ii) has been discharged or dispersed therefrom;
b. The "nuclear material" is contained in "spent fuel" or "\6ste" at anytime possessed,
handled, used, processed, stored, fansported or disposed of by or on behalf ol the
"lnsured"; or
c. The "bodily injury" or "property damage" arises out ot the furnishing by an "lnsured" of
servicos, materials, par6 or equipment in connection vrith the planning, construction,
maintenance, operation or use ot any "nuclear fucility".
3 "Bodily injury" or ^property damage" resulting ,rom tre intentional or unintentional detonaton o,
any nuclear bomb or nuclear device,
15
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LX9?99 { 10/05)Pasc 9 ol 24
hfr"ti$kt page 35 of 55
4. As used in this exclusion, the follordng definitions apply;
a. 'Hszardous properties" include radiosctive. toxic or eplosiv€ propenies;
b. "Nuclear material' means "source material", "special nuclear material" or "by-product
material";
c. "Source material", "special nuclear material" and "by-product material" have the meanings
given them in Atomic Energy Act of 1954 or in any law amendatory thereof;
d. "Spent fuel" means any fuel element ol fuel component, solid or liquid vrhich has been
used or eposed to radiation in a "nuclear reactol";
8. "Waste" means any \ €ste material (l) containing "by-product material" olher than the
tailings or \nastes produced by the extsaction or concentration o{ uranium or thorium form
any ore processed primarily for its "source material" content, and (ii) resulting ,rom the
operation by any person or organization oI any 'nuclear facility" included under the frst t\^o
paragraphs o{ the definition oI "nuclear facility";
f. "Nuclear facility" means:
(i) Any "nuclear reactor ";
(ii) Any equipment or device designed or used for (a) separating he isotopes or uranium or
plutonium, (b) processing or utilizing "spent fue|", or (c) handling, processing or
packaging "\ Bste ";
(iii) Any equipment or device used br the processing, fabricating or allolng o{ "special
nuclear material" if at any time the total amount o, such material in the custody of the
"lnsured" at the premises ra,here such equipment or device is located consists ol or
contains more than 25 grams of plutonium or uranium 233 or any combination theroof,
or more that 25O grams of uranium 235;
(iv) Any stucture, basin, excavation, premises or place preparod or used for the storage or
disposal or '\ 6ste '';
and includes t]e site on \ hich any o{ the {oregoing is located, all operations conducted on
such site and all premises used for such operations.
V. Securities and Financial lnt6rest
Any liabilky arising out o{:
1. Any violation oI any securities law or similar law or any regulation promulgated thsreunder;
2 The purchase, sale, offer of sale or solicitation oJ any security, debt, insurance policy, bank
deposit or fnancial interest or instrument;
3. Any representation mad6 at any time in relation to the price or value of any security, dEbt,
insurance policy, bank deposit or fnancial interest or instumenu or
It Any depreciation or decline in price or value of any security, debt, insurance policy, bsnk
deposit or financial inlerest or instument.
W. Covorago excluded ot sublimitod by the Schedulad Underlying lnsurance
'Bodily injury", "property damage", or "personal and advertsing iniury" v*rich:
1. ls not covered by the "scheduled underlying insurance" by reason of an exclusion conbined in
or at any time added to such "scheduled underlying insurance"; or
2 ls in any way subiect to a sublimit \ hich is less than the limits ol insurance ol such "schedulod
underllng insurance ".
X. Silica
1. "Bodily injury", sickness, disease, occupational disease. disability, shock, deafl, mental
anguish or mental injury, and/or any other type o, injury, lo6s, cost, damsqe, or epsnse
sustained by any person for the real or alleged emergence, contraction, aggravaton or
exacerbation ol any form of silicosis or any other disease of the human body caused by,
arising out of, o resulting fom the manufacture, mining, use, sale, removal, or distibution by
t6
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LXS799 ( 10/05'Paga 10 ol 24
I
ffi page 36 of 55
any person or organization o, silica, silica products, silica fbers or silica dust, or the e)Qosure
to silica, silica products, silica fibers or silica dust or
2 Any obligation ol the insured to deftnd and/or indemnify any party b€cause of damages arising
out ol such "bodily iniury", sickness, disease, occupational disease, disability, shock, dealh,
mqntal anguish or mental injury, at any time caused by, arising out ol, or resulting lrom the
manuhctrre ot, mining ol, use of. sale or, removal ol, distribution or, or exposure to silica, silica
products, silica fibers or silica dust.
y. Violation OI Statutos ln Connsction l/Vith Sending, Transmitting Or Communicating Any
Matodal Or lnformstio n
Any claim or "suit" alleging or assening that any act or omission violates anY statute, ordinance or
regulation of any ftderal, state or local government, including any amendm€nt o, or addition to such
lav16, that includes, addresses or applies to the sending, transmitting or communicating ol any
material or information, by any means \ hatsoever,
Z. Other Psrsonal and Advertising lnjury
"Personal and advenising injury":
1. Caused by or at the direction oI the "lnsured" vrith the knou.ledge that tre act \ ould violaE the
rights ol another and v\ould infict 'personsl and advertising iniury".
Z Arising out of oral or witlen publicaion of matelial, il done by or at the direction ol the
"lnsured" v\ith knov\,ledge ol its falsity.
3. Arising out o, oral o Mitten publication ot material wtrose frst publication took place bebre the
beginning of the policy period.
4. Arising out of a criminal act commitEd by or at the direaion of the "lnsured".
5 For rahich the "lnsured" has assumed liability in a contract or agre€ment. This exclusion does
not apply to:
L Liability for damages hat the "lnsured" \^DUld have in the absence of the contact or
agreement; or
b. Liability for false arrest, detention or imprisonment assumed in a contract or agreement.
6. Arising out of a breach o, contract, except an implied contact to use another's advenising idea
in your " adverlisement".
7. Aising out of lhe failure ol goods, products or services to conlorm \ itl any statement of quality
or performance made in your "advenisement".
8. Arising out of tle vwong descripion ol the price of goods, products or services stated in your
" adverdsement".
9. Arising out o{ the infringement ol copyright, patent, tademark, fade secret or ofier intellectual
property rights. Horaever, this exclusion does not apply to intringement, in your
" adv€ rtiseme nt" , ol copyright, trade dress or slogan.
10. CommitEd by an "lnsured' v*tose businoss is:
8. Ad\€nising, broadcasting, publishing or telecasting;
b. Designing or determining content of \^Ebsites lor others; or
c. An internet search, access, content or service provider.
Horaever, this exclusion does not apply to Paragraphs 1, 2 and 3 o, the defniton of "personal
and advertising injury" in SECTION V" DEFINITIONS.
For the purposes of this exclusion, the placing of frames. borders or links, or advenising, tor
you or others anyv\here on the lnternet, is not by iEelf, considered the business of advenising,
broadcasting, puUishing or telecasting.
11. Arising out of an electronic chatoom or bulletin board the "lnsured" hosts, ovris, or over v\hich
tte " lnsured" exercises controi,
1l
O C.UTIBR
LX9799 ( 10iO5)Page 11 ol 24
Ir#gffi page 37 of 55
12 Arising out ol the unauthorized use of another's name or product in your e-mail addrsss,
domain name or m€ta tag, or any other similar tactics to mislead anofrer's potendal customsrs.
SECTION IV - LIMITS OF INSURANCE
A. The limits of insurance shov,n in ltem 3 of the Declarations and the rules below state tre most \ E
\ ill pay {or all Damages under this policy regardless oI the number of
1. "lnsureds";
2 Claims made or "suits" brought; or
3. Persons or organizations making claims or bringing "suits",
B. The Genoral Aggregate Limit is the most, p v\ill pay tor all damages under this policy, except Jor:
1. Damages included \ ithin the "products'completed operations hazard"; and
2 Damages because oI "bodily iniury" or "property damage" to \hich trris policy applies, caussd
by an "occurrence" and resulting lrom the ow'rership, maintenance or use o{ a "covered auto".
C. The Products"Cornpleted Operations A€gregate Limh is the most \ E v\ill pay lor all damsges
included in the " products-completed operations ha2ard".
D. Subject to Paragraphs B and C above, \ ttiche\€r applies, the Each Occurrence Limitisfie most
,,re vr,ill pay for the sum o, all damages arising out oI any one "occurrence" or oltnse.
E.subiecttoParagraphsBandCabove,v*richererapplies,themostraev.ill pay {or damages under
this policy on behal{ o, any person or organization to v*rom you ar€ obligated by a 'ffitten "insured
confact" to provide insurance such as is aflorded by this policy is lhe lesser of the limiB o,
insurance showr in ltem 3 o{ the Declarations or the minimum limits of insurance you agreed to
procure in such,/\ritEn "insured contract".
F. This policy applies onlyin excess of the total applicable limits oI "scheduled underlying insurance"
and any applicaUe "other insurance" whether or not such limits are collectible. lr, ho\ €wr, a
policy showl in the Schedule of Underlying lnsurance has a limh o{ insurance:
1. Greater than the amount showr in such schedule, this policy uill apply in excess of such
greater smount; or
2 Less than the amount showr in such schedule, this policy \^ill apply in excess oJ the amount
showl in the Schedule of Underlying Insurance ,orming a part oI this policy.
G. lf the total applicable limits ot "scheduled underlying insurance" and any applicable "other
insurance" are reduced or e*rausted by the payment of damages to which this policy applies. \E
raill:
1. ln the event o, reducton, pay damages in excess of the remaining total applicable
limits of "scheduled underlying insurance" and any applicable "of)er insurance"; and
2 Subject to Paragfaph E O{ SECTION II . DEFENSE AND SUPPLEMENTAFY PAYMENTS, iN
the event o, e),haustion, continue in lorce as underlying insurance.
H. Expenses incurred to dehnd any "suit" or to investigate any claim \ill be in addition to he
applicable limits o, insurance of tlis policy. Provided, ho\ever, that i, such expenses reduce the
applicable limits of "scheduled underllng insurance", then such ePenses $ill reduce the
applicable limiG of insurance o{ this policy.
t. The limits of insurance of this policy apply separately to each consecutive annual period and to any
remaining period ol less than t\ €l\€ (12) months, beginning vrith the inception date of th€ "policy
period" shovtrl in fre Declarations, unless the "policy period" is exEnded after issuance for an
additional period ol less tran t\^€lve (12) months. ln that case, the additional period \,ill be deemed
part ot the last preceding period lor purposes of determining the limks ol insurance of this policy,
J. We vrill not m8ke any payment under this policy unless and until;
1. The total applicable limits of "scheduled underlying insuranc€' and any applicable "other
insurance" have b6en efrausted by the payment ol damages to \ hich this policy applies; or
1B
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LX97S9 t 1CvO5)Pagc '|'2 ol 24
ffi page 38 of 55
2 The total applicable "Self-lnsured Retention" has been sadsfied by the payment of damages to
vr,trich this policy applies.
Vvhen the amount of damages has been determined by an agreed settlement or a final iudgement,
\ € r ill promptly pay on behal{ of the "lnsured" the amount of damages fulling v.ithin the terms ol
this policy. An aqreed settlement means a setdement and release o, liability signed by us, the
"lnsured" and the claimant or the claimant's legal representadve,
SECTION V - DEFINITIONS
A. "Advertisement" means a notce fiat is broadcast or published to fie general public or specific
market segments about your goods. products or services Jor the purpose oJ attracting customers or
supportels. For the purposes of this definition:
1. Notices that are published include material placed on the lnternet or on similar elecvonic means
ol communication; and
2 Regarding v\€tssites, only that part o, a \ eb-sib that is about your goods, producB or services
lor the purposes ot attracting customers or supporters is considered an "advertisement".
B. "Arto" means:
1. A land motor vehicle, uailer or semitrail€r designed for tavel on public roads, including any
attached machinery or equipment; or
2 Any other land vehicle that is subject to a compulsory or fnancial responsibility law or other
motor vehicle insurance law in the state vhero it is licensed or principally garaged.
Ho,^€ver, "auto" does not include "mobile equipment".
C. 'Bodily in,ury" means bodily injury, disability, sickness, or disease sustained by a person, including
death resulting ,rom any of these at any time. "Bodily injury" includes mental anguish or other
mental iniury resultjng ftom "bodily iniury".
D. "Coverage territory" means:
1. The United States o, America, including its territories and possessions, Puerto Rico and
Canada; or
2 lf provided by lhe underlying policy, anyvJrere else in the raodd r^ith the exception of any
country or jurisdiction v\hich is subject to trade or other economic sanction or embargo by the
United States of Arnerica.
l, \ e are prohibit€d by law trom providing a defunse in any location described in this defnition and
\€ are obligated to provide such deftnse under SECTION ll - DEFENSE AND SUPPLEMENTAFY
PAYMENTS, v\r \rill reimburse you lor legal fues and ober defunse epenses incurred \ ith our
consent under the terms and conditions ol this policy.
lf coverage ,or a claim under this policy is in violation of any United States of Arnerica's
economic or trade sanction, including, but not limited to, sanctions administered and eniorced by
the U.S. Treasury Department's Offce of Foreign Assets Control ("OFAC') fien coverage ror that
claim shall be null and void.
E. "Covered auto' means only those iauto6i to v*rich "scheduled underlying insurance" applies.
F. "Employee" includes a "leased \ orker". "Employee" does not include a "temporary v\orker".
G. "E)€cutive offcer" means a person holding any ot the olficer positions creat€d by your charEr,
constitution, by-la' 6 or sny other similar governing document,
H. "Hostile fre" means a fre d.lat becornes uncontrollable or breaks out trom wtlele it uas intended
to be.
l. "lmpaired property" means tangible property, other than "your product" or "your raork", that cannot
be used or is less useful becausei
1, lt incorporates "your product'' or 'your raork" that is knov,r-r or trought to be defuctve, defcient,
inadequaE or dangerous; or
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1X9799 11(,051 Pago 13 of 24
ffi pago 39 of 55
2 You have Jailed to fulfill the terms o, a contract or agreement;
if such property can be restored to use by:
1. The repair, replacement, adjustrent or removal of "your pfoduct" or "your \^ork"; or
2 Your fulflling the terms ol the contact or agreement.
J. "lnsured" means;
1. The "Named lnsured";
2 Except for liability arising out o{ the ov*rership, maintenance, or use of "covered autos";
a. lf you are designated in the Declarations as:
(1) An individual, you and your spouse are "lnsureds', but only !,\ith respect to the conduct
of a business of v'hich you are the sole ov,ner;
(2 A partrrership or ioint venure, you are an "lnsured", Your members and your parhsrs,
and their spouses are also "lnsureds', but only \rith respect to the conduct of your
businessi
(3) A limited liability company, you are an "lnsured". Your members are also "lnsureds",
but only \ ith respect to the conduct oI your business. Your managers are "lnsureds",
but only \.th respect to their duties as your managers;
(4 An organization other than a parhership, ioint venture or limited liability company, you
are an "lnsured". Your "executive otficers" and directors are "lnsureds", but only \ ith
respect to their duties as your officers or directors. Your stockholders ar6 Slso
"lnsureds", but only \ ith respect to their liability as stockholders;
(5) Avust, you are an "lnsured". Your tsustees are also "lnsureds", but only \ith respoct
to their duties as tustees;
b. Your 'volunteer raorkers' only v*lile performing dulies rels@d to the conduct oI your
business. Your 'employees" other than your "e xecutive officers" {if you are an organization
other than a partrrership, ioint venture or limited liability company) or your managers (i,
you are a limited liability company), but only ior acts \^ithin the scope of their employment
by you or while perrorming duties relaed to the conduct of your business. Hou€ver, none
of these "employees" or "volunteer uork6rs" are insureds for:
(1) "Bodily injury" or "personal and advertising injury":
(a) To you, to your part'lers or members (iI you are a partnership or jcint venture), to
your members (iI you are 8 limited liability company), to a cc"employee" in the
course of his or her employment or perlorming duties related to the conduct ol your
business or to your other "volunteer ranrkers" wtrile performing duties 16lated to tle
conduct of your business; or any claim or "suit" brought by or on behalf of tle
spouse, child, parent, brother or sister ol that co-"employee" or "volunteer vlorker"
as a consequence of such "bodily iniury" or "personal and advertising injury", or,
(b) For which there is any obligatiofl to share damages ,nith or repay someone else
v*ro must pay damages becauss ot the injury described in Paragraphs (1)(i) above,
(2 "ProPerty damage" to Property:
(a) Owled, occupied or used by.
(b) Bented to, in the care, custody or conuol of, or over wtlich physical control is b6ing
e)€rcised {or any purpose by you, any of your "employoes", "volunteer vrorkers",
any parher or member (i{ you are a partrrership or icint ventrre), or any member (il
you are a limhed liability company).
c.Anyperson(otherthanyour"employee"or"volunteerv\o(ker") or organization v*tile Sctng
as your real estate manager;
d' Your legal representative i, you die, but only \ifi respect to duties as such, That
representative will have all your rights and duties under this policy;
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1X9799 { 10/05)Paec 14 ot 24
s*'r,j+ffi page 40 of 55
s. Any person or organization, other than the "Named lnsured", included as an additional
"lnsured" under "scheduled underlying insurance", but not lor broader coverage fian
vrculd be afforded by such "scheduled underlying insurance".
3. Only uith respect to liability arising out of the ovnership, maintenance, or use ol "covered
autos";
a. You are an "lnsured";
b. Aryone elss v*lile using r,rith your permission a "covered auto" you owt, hire, or borrow is
also an "lnsured" exceptl
(1) The ov,r'rer or anyone else ftom ldrom you hire or borrow a "covered auto". This
exception does not apply if the "covered auto" is a trailer or semi-tailer connected to a
"covered auto" you ovtrr;
(2 Your "employee" if the "covered auto" is owted by that "employee" or a member of
his or her household;
(3 Someone using a "covered auto" vrtrile he or she is \ Drking in a business ol selling,
servicing, repairing, parking or storing "autos" unless that business is yours;
(4) Anyone other than your "employees", parhers (if you are a pannership), members (il
you are a limited liability company), or a lessee or borrov\rr or any o{ their
"employees", \ hile moving property to or rrom a "covered auto";
(5) A parher (if you are a parhership), or a member (iI you are a limited liability company)
for a "covered auto" ovned by him or her or a member o{ his or her household;
(6) "Employees" \,{ith respect to "bodily iniury" to any fullow "employee" o, the "lnsured"
arising out of and in the course of the fullow "employee's" employrnent olv*lile
perbrming duties related to tre conduct of your business;
c. Anyone liable lor the conduct ot an "lnsured' described above is also an "lnsured", but
only to the extent of that liability.
4. Not, ihstanding any oI the above:
s. No person or organization is an "lnsured" \ ith respect to the conduct of any current, past
or nera,ly frormed paft'rership, joint venture or limited liability company that is not designated
as a "Named lnsured" in ltem 1 of the Declarations; and
b. No person or organizafon is an "lnsur6d" under this policy who is not an "lnsured" under
"scheduled underlying insurance ".
K. "lnsured conract" means that part ol any contract or agreement pertaining to your business under
wtrich any "lnsured" assumes the tort liability ol another party to pay lor "bodily iniury" or "property
damage " to a third person or organization. Ton liability means a liability that u,ottld be imposed by
law in the absence ol any contract or agreement.
"lnsured contract" dogs not include that part ol any contract or agreement:
1. That indemnifes I railroad for "bodily iniury" or "property damage " arising out of construction
or demolition operations, v\ithin 50 bet of any railroad property and affecting any railroad bridge
or treste, tracks, road-bods, unnel, underp6s or crossing;
2 That indemnifes an architect, engineer or surveyor {or injury or damage arising out of:
8. Preparing, approving. or biling to prepare or approve, maps, shop dra\ ings, opinions,
reports, surveys. 6eld orders, change o(ders or dralrings and specifcations; or
b. Giving directions or instructions, or failing to give them, if that is the primary cause of the
injury or damage; or
3. Under v\hich the "lnsured", if an architect, engineer or surveyor, assumes liability for an injury
or damage arising out of the "lnsured's" rendering or failure to render proftssional services,
including those shovr in subparagraph 2 above and supervisory, inspection, architectural or
engineering activities.
oc-ul\aR
1X9799 l1CvO5)?ag. 15 ol 24
h,Ytii#
fuE
l-. "Loading or unloading" means lhe handling o{ property:
1, AfEr it is moved from the place v*rere it is accepted br movement into or onto an aircrart or
vratercraft;
2. \Mrile it is in or on an aircraft or r Etercraft; or
3. Vvhile it is being moved lrom an aircraJt or vvatercraft to the place v,here it is finally delivered;
but "loading or unloading" does not include the movement of property by means ot a mechanical
device, other than a hand truck, that is not attached to the aircraft or raatercraft.
M. "Leased \ Drker" means a person leased to you by a labor leasing frm under an agreement
betv\€€n you and the labor leasing firm. to perlorm dutes rslated to $e conduct of your business,
"Leased vrorker" does not include a "temporary raorker".
N. "Mobile equipment" means any o, the tollo\ ing types of land vohicles, including any attached
machinery or equipment:
1. Bulldozers, farm machinery, forklilts and other vehicles designed for use principally off public
roads;
2 Vehicles maintained lor use solely on o( next to premises you o\An or rent;
3. Vehicles that travel on cravJer treads;
4. Vehicles, vfiether sell-propelled or not, maintained primarily to provide mobility to perman€ndy
moun€d:
a. Poraer cranes, shovels, loaders, diggers or drills; or
b, Road construction or resurlacing equipment such as graders, scrapers or rollers;
5 Vehicles not described in Paragraph 1,2,3 ot 4 above that are not s€lf-propolled and 8re
maintained primarily to provide mobility to permanendy attached squipment o{ the bllo$ing
types:
a. Ar compressors, pumps and generators, including spraying, \ elding, building cleaning,
geophysical e)eloration, lightng and raell servicing equipment; or
b. Cherry pickers and similar devices used to raise or loraer raorkers;
6. Vehicles not described in Paragraph 1, 2, 3 o( 4 above maintain€d primarily lor purposes olher
fian the ransportation of persons or cargo.
Ho, Ever, self-propelled vehicies v\ith the blloraing types o, permanenly attached equipment
are not "mobile equipment", but \till be considered 'autos":
a. Equipment designed primarily br:
(i) Snow removal;
(ii) Road maintenance, but nd construction or resurfacing; or
(iii) Sreet cleaning;
b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to
raise or lov\Er \ orkers; and
c. Air compressors, pumps and generators, including spraying, \ elding. building cleaning,
geophysical exploration, lighting and raell servicing equipment.
Hov\ever, "mobile equipment" does not include land vehicles that 6re subject to a compulsory or
financial responsibility law or other motor vehicle insurance law in the state \ here it is licensed or
principally garaged. Land vehicles subject to a compulsory or financial responsibility law or otter
motor vehicle insurance law are considered "autos".
O. "Named lnsured" means:
1. Any person or organization designaEd in lem 1 of the Declarations;
2
OC.UMBR
1X9799 t 10/05)Paso 16 of 24
page 41 of 55
ffi page 42 of 55
2 Any organization in wtrich you maintain an interest ol mole than fifty percent (500/6) and wtlich
is included as a named insured under "scheduled underlying insurance", as of the effective
date ol this policy and to nhich more specific insurance does not apply, proMded that this
policy does not apply to any "bodily iniury" or "propertv damage" that occurred or any "
personal and advertising iniury" that \as caused by an "occurrence" lhat raras committed
before you acquired or lormed such organization or after you ceas€d to maintain an interest ol
more than fifty percent (50%) in such organization; and
3. Any organizstion, except for a parhership, joint venhJre or limited liability company, that you
acquire or {orm during the "policy period" in vrtrich you maintain an interest ol more than fifty
percent (5oo/o) and to which 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 "property damage'' that occurred or any
"personal and advenising iniury" that vras caused by an "occurrence" that u€s committed
befure you acquired or lormed such organization or after you ceased to maintain an interest
of more than fi{ty percent {5O%) in such organization; and
c, You give us prompt notice after you acquire or lorm such organization.
Subject to the provisions ot Palagraphs 34, 3b and 3c above, a partnership, joint venture or
limited liability company that you acquire or form during the "policy period" may b€ added as
an "lnsured" only by a v\riten endorsement that \ E make a part of this policy.
We may, at our option, make an additional premium charge for any organization that you
acquire or form during the "policy period".
P. " Occurrence " means:
1. As respects "bodily injury" or "property damage", an accident, including continuous or
repeated exposure to substantially the same general harmful conditions. All such exposure to
substantially the same general harmful conditions v\ill be deemed to arise out of one
"occurrence".
ln the event of continuing or progressively deteriorating damage over any length of time, such
damage shall be deemed 10 be one "occurrence", and shall be deemed to occur only when
such damage frst commences.
2 As respects "personal and advertising injury", an oftense arising out of your business that
causes "personal and advenising injury". Al damages that arise lrom the same, relabd or
repeated injurious material or act will be deemed to arise out o, one "occurrence", regardless
of the ,requency or repetiton thereof, the number and kind ot media used and the number oi
claimants.
O. "Other insuranc€" means a valid and collectible policy of insurance providing coverage for
damages covered in v*role or in part by this policy.
Horaever, "other insurance" does not include "scheduled underlying insurance", the "Self-lnsured
Retention" or any policy ot insurance specifically purchased to be excess of this policy aflording
coverage that this policy also affords.
R. "Personsl and ad\€nising injury" means iniury arising out o, your business, including consequential
"bodily injury", arising out of one or more ol fre iollo\ ing ofbnses:
1, False arrest, detention or imprisonment;
2 Maliciousprosecution;
3. The \ rongful eviction ftom, wongful entry into, or invasion of the right of privab occupancy of
a room, dv\elling or premises that a person occupies committed by or on behal, of its omer.
landlord or lessor;
4. Oral or witten publication, in any manner, of material that slanders or libels a person or
organization, or disparages a person's or organization's goods, products or services;
3
oc-un aR
1X9799 { 1(y05}Paga 1-7 oi 24
ffi page 43 of 55
I Oral or \^ritEn publicaton, in any manner, ol materisl trat violates a person's right ol privacy;
6. The use of another's advertising idea in your "advertisement"; or
7. lntringement upon another's copyright, trade dress or slogan in your "ad\Ertisement".
S. 'Policy period" means the period o, time from the inception date sho\ n in ltem 2 of he
Declarations to the earlier of the e)piration date sho',/\rl in ltem 2 ol the Declarations or fie eJfuctive
date oI termination o, this policy.
T. "Pollutants" means any solid, liquid, goseous or thermal irritant or contaminant including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and v\aste. Waste includes materials to be recycled,
recondhioned or reclaimed.
U. " Products-completed operalions hazard" means all "bodily injury" and "property damage" occurring
au€y ftom premises you owt or rent and arising out ol "your product" or "your \ ork" except:
1. Products that Bre still in your physical possession; or
2 work that has not yet been completed or abandoned. Ho\,1€ver, "your uork" ujll be deemed
completed at the earliest o{ tre follotdng times:
a. Vvhen all of the v\,ork called for in your contract has been completed;
b. \Mren all of the urcrk to be done at tle iob site has been completed i, your contract calls fl3r
\^ork at more than one iob site; or
c. Vvhen that part ol the \^D(k done at a job siE has been put to its intended use by eny
person or organization oher than another contactor or subcontractor uorking on the same
Project.
Work that may need service, mainbnanee, correction, repair or r€placement, but \ tlich is
otler\ ise complete, v\ill be reatod as completed.
" Products-completed operations hazard' does not include "bodily iniury" or "propeny damags"
arising out ol:
1. The transportation of property, unless the iniury or damage arises out of a condition in or on a
vehicle not ovned or operated by you and that condition \^€s created by the loading or
unloading (meaning "loading or unloading" but v\ith respect to a vehicle) oI that vehicle by any
"lnsured"; or
2 The existence o, tools, uninstalied equipment or abandoned or unused materials,
V. "Property damage " means:
1. Ph\6ical iniury to tangible property, including all resulting loss of use oI that property. Al such
loss ot use \ ill be deemed to occur at the time of the physical iniury that caused it; or
2 Loss ol use of tanqible propefty that is not physicaily injured. All such loss o{ use 'aill be
deemed to occur at the time of the "occurrence" that caused it.
For the purposes of this insurance, electonic data is not tangible property.
As used in this defnition, electronic data means information, lacts or programs stored as or on,
created or used on, or tansmitted to or from computer softraare, including systems and applicatiqns
softv\Ere, hard or foppy disks, CD-ROMS, tapes, drives, cells, dats processing deMces or any
other medis wtrich are used \ ith electronically contolled equipment,
W. 'Retained Arnount" means:
1' The total applicaue limits of "scheduled underlying insurance" {plus any "self-lnsured" retsntion
applicabie theretol and any applicable "other insurance" providing co\rerage to the "lnsured"; or
2 The "Self-lnsured Retention" applicaue to each 'occurrence" that results in damages not
covered by "scheduled underlying insurance" nor any applicaUe "other insurance" providing
coverage to the "lnsured ".
4
OC.UMBR
1X9799 { 1C/05}Pagc 18 ol 24
I
|r:Hgttrr,r:i+!t
pag6 44 of 55
X. "Scheduled underlying insurance" means;
1. The policy or policies ot insurance and limits ol insurance (plus any selfnsured retention
applicable fiereto) shovtrr in the Schedule of Underlying lnsurance; and
Z Automatically any reneuEl or r€placement ol any policy in Paragraph I above, provided that
such reneM€l or replacement provides equivalent coverage to and affords limits of insurance
equal to or greater than the policy being rene\ ed or replaced.
"scheduled underlying insurance" does not include a policy ot insurance specifcally purchased to
be excess of this policy affording coverage that this policy also aifords.
Y.'Sell-lnsuredRetention"meanstheamountthatisshovninltem4oltreDeclarations.
Z. "Suit" means a civil proceeding in which damages because of "Bodily lnjury", "Property Damage",
or "personal and advertising injury" to v*rich this policv applies are alleged. "Suit" includesl
1. An arbitration proceeding in nhich such damages are claimed and to $hich the "lnsured" must
submit or does submit \Aith our consent; or
2 Any other alternative dispute resolution proceeding in \ hich such damages are claimed and to
which the "lnsured" subrnits \ ith our consent.
AA "Temporary v\orker" means a person v.tto is furnished to you to substu@ for a permanent
"employee '' on lea\€ or to meet seasonal or short-term uorkload conditions .
BB."Volunteer uorker' means a person \ho is not your 'employee" and who donates his or her ' ork
and acts at the directron of and \,\ithin the scope o, duties determined by you, and is not paid a fue,
salary or other compensation by you or anyone else br their vrork perbrmed for you,
CC."Your product" means:
1. Any goods or products, other ftan real property, manufuctured, sold, handled, distributed or
disposed o, by:
a. You;
b. Others trading under your name; or
c. A person or organization \those business or assets you have acquired; and
2 Contain€rs (other lhan vehicles), materials, psrts or equipment furnished in connection v\'ith
such goods o{ products.
"Your product" includes:
1. Warranties or representations made at any tjme \ ith respect to the ftness, qualitY, durability,
periormance or use of "your product"; and
2 The provi,Cing ol or fuilure to provide warnings or instructions.
"Your product" does not include vending machines or other property renEd to or located lor the
use of others but not sold.
DD."Your raork" means:
1. Work or operations periormed by you or on your behalf; and
2 Materials, parts or equipment furnished in connection Wth such ',ork or operations
"Your \aDrk" includes:
1. Warranties or representations made at any time vrith respect to fie ftness, quality, durability,
per{ormance or use o{ "Your Work"; and
2 The providing ol or failure to provide v\Jarnings or instructions.
SECTION VI . CONDITIONS
5
o c-ullBR
LX9799 { 1()/051 Pag6 19 ot 24
[IflTBhffiItr?rl\li
page 45 of 55
A. Appsals
ln the event fie frst Named Insured or fie frst Named lnsured's underllng insurer (if applicable)
elect(s) not to appeal a iudgement in excess of the "Retained Amount", v\E may elect to make
such appeal at our owl cost and expense, and \ 9 shall be liable tor the taxable costs 8nd
disbursements and intsrest incidental thereto, but in no event shall our liability for damages exceed
the sum set lorth in the Declaraton's lor any one "occurrence", including the cost 8nd expenso ol
such appeal.
B. Examination of Your Books and Rscords
We may audit and examine your books and records as they relate to this policy at any time during
the period of this policy and ior up to three (3) years atter the e:rpiration or terminaion o{ this
policy.
C. Bankruptcy oI lnsolvency
Your receivership bankruptcy. insolvency or inability to pay or the receivership bankruptcy,
insolvency or inability to pay ol any of your underlying insurers rr ll not relieve us fom the paymont
o{ damages covered by this policy. But under no circumstances v ll such receivership bankruptcy,
insolvency or inability to pay in any raay increase or elpand our liability or require us to drop dovu-r.
replace or assume any obligation under "scheduled underlying insurance".
D. Cancollstion
1. The frst Named lnsured shovfi in the Declarations may cancel this policy by mailinO or
delivering to us advance v\ritten notice o, cancellation.
2 We may cancel this policy by mailing or delivering to the frst Named lnsured \^ritEn notics of
cancellation at least:
a. 1O days before the erlectiw date of cancellaion i{ vre cancel lor nonpayment ol premium; or
b. 30 days before the e{fuctivs date of cancellation il vre cancel br any other reason.
3. We vrill mail or deliver our notice to the first Named lnsured's last mailing address knov,n to us,
4. Notice oI cancellation uill state the effective date o, cancellation. The "policy period" \ill ond
on ttt at date,
5. lf this policy is canceled, ue vrill send tre frst Named lnsured any premium refund due. lf ue
cancel, the refund rill tE pro rata. ll the first Named lnsured cancels, earned premium vrill be
calculated in accordance v th the customary shon-rae table and procedure, or lhe Mnimum
Earned Premium at lnception of the policy show"r in ltem 5 of the oeclarations, wttich ever is
greater, The cancellation \ ill be elfuctive even iJ v\E have not made or offered a refund.
6. lf notice is mailed, pIoo, of mailing \ ill be sufficient prool of notice.
E. Change ln Contlol
ll during the "policy period";
1. the frst Named lnsured designated in ltem 1of the Declarations consolidates \ith or merges
into, or sells all or subotantially all o{ its assets to any person or entity; or
Z any person or entty acquires an amount of the outstanding ov*rership interests represenring
more than 50% of the voting or designation povl€r lor the election ol directors o{ the {rst
Named lnsured designated in ltem 1 of the Declarations, or acquires the votng or d€signation
rights of such an amount o{ o\ nership interests;
This policy\ill contnue in full force and effect as to "bodily iniury' and "property damage" that
occur prior to tre elfuctive date ot such transaction and "personal and adveftising injury" caused
by an "occurrence" fiat takes place prior to the effective date of such ransaction. There nill be
no coverage aflorded by this policy for "bodily iniury" or "property damage" that occurs on or after
the effective date o, such uansaction and "personal and advertising injury" caused by an
"occurrence " tlat takes place on or after the erfuctive date o, such transaction,
OC'UMBR
1X9799 110/(}51 Pasc 20 ol 24
EffiEffi;
page 46 of 55
F. Chsnges
Notice to or kno\ ledge possessed by any person shall not affect a v1€iver or change in any part o{
this policy or stop us lrom assening any rights under the terms of this policy, nor shall the terms ol
this policy be waived or changed, except by endorsement issued to form a part hereol, signed by
an authorized representative of the Company.
G. Duties in tha Event ol an Occulrence, Claim or Suit
1, You must see to it fiat \€ are notified as soon as practicable oJ an "occurrence" fiat may
result in a claim or .suit" und€r this policy. To the extent possible, notjce should include:
a. How, vhen and v',lrere the "occurrence" took place;
b. The names and addresses of any injured persons and any \^irlesses; and
c. The nature and location oI any iniury or damage arising out ot tle "occurrence"'
z l, a claim is made or "suit" is brought against any "lnsured" v\hich is reasonably likely to
involve lhis policy, you must notify us in witing as soon as practicable on the assumption that
an "lnsured" is liable ior the damages claimed.
Wriften notice should be mailed or delivered to:
AIG-Letngton
c/o ACPC
P.O. Box 293118
Nashville, TN 3722931 18
Claim reporting information can also be found on our rnnbsite, !.!498!!!9d!!c!!!9!.99r
3. You and any other involved "lnsured" must:
8. lmmediately send us copies oI any demands, notces, summonses or legal papers received
in connection \ith the claim or "Suit";
b. Althorize us to obBin records and olher informaton;
c. Cooperate vrith us in the investigation, setdement or defense of the claim or "Suit"; and
d. Assist us, upon our request, in ths en,orcement of any right against any person or
organization tlat may be liable to the "lnsured" because of iniury or damage to which this
insurance may also aPPly
4. No ,'lnsured,, uill, except at that "lnsured's" oun cost, voluntarily make a payment, assume any
obligation or incur any elpense, other than lor frst aid, l^ithor our consent'
H. lnspection
we have the right, but are not obligated, to inspect your premises and operations at any time. our
inspections arJ not safuty inspections. They relate only to the insurability of your premises and
operalions and the premiums to be charged. We may give you reports on the condilions that \€
find. we may also recommend changes. we do not, honever, undertake to perform the duty of
any person or organization to provide for the health or safuty oI your "employees" or the public.
We do not l,,arranl t e health and safety conditions ot your premises or operations or represent that
your premises or operations comply vrith la'ns, regulations, codes or standards
l. Logal Actions Against Us
No person or organization has a right under this policy:
1. To icin us as a party or othervrise bring us into a "suit" asking for damages fom an "lnsured";
or
2 To sue us under this policy unless all o, its terms have been fully complied vrith'
A person or organization may sue us to recover on an agreed settlement or on a fnal iudgment
against an "lnsured"; but \,e \ ill not be liable lor damages that are not payable undor this policy or
th-at are in excess of the applicable limits o{ insurance o, his policy. An agreed setdement mesns
a settlement and release ol liability signed by us, the "lnsured" and the claimsnt or the claimant's
legal represenutive.
I
oc,utvBR
LX9790 t 1005)Pas. 21 ol 24
ffi page 47 of 55
J. Maintonance o, Schsdulod Undarlying lnsuranco
You agree that during the "policy period":
1. You vrill keep "scheduled underllng insurance' in full force and efftcu
2 The terms, defnitions, conditions and exclusions of "scheduled underlying insurance" \ill not
materially change;
3. The total applicable limits oI "scheduled underllng insurance" lrill not decrease, except for any
reduction or e*raustion of aggregate limits by payment o{ damages to which this policy applios.
4. Any reneuEls or replacements oI 'scheduled undedying insurance" v\ill provide equivalent
coverage to and sfford limits of insurance equal to or greater than the policy being rene!1od or
replaced,
lf you fail to comply raith these requiremen8, \ e \ ill be liable only to the same e)'Gent that uE
vrould have, had you fully complied \^ith these requirements.
K. Othor lnsurance
lf other valid and coltectiue insurance applies to damages that are also covered by this policy, this
policy \ill apply excess of the "other insurance". Hov\Ever, this provision $ill not apply if the other
insur6nce is specifically witen to be excess ol this policy.
L. Premium and Audit
1. We rr.ill compute all premiums for this policy in accordance vrith our rules and rates.
2 ll $e premium br this policy is a flat premium, it is not subject to sdjustment, except tlat
additional premiums may be required br any additional eposure and/or "lnsureds", or as
provided for in Condition D Cancellation. The premium showr in ltem 5 ot the Declarations as
the Total Advance Premium is a depo6it premium only. lf the policy is subject to sudit
adjustment, the actual exposure base v\ill be used to compute the earned premium lf the
learned pr€mium is greater tran the Advance Premium, the frst Named lnsured \ ill pay the
dilfurence to us due and payable upon notice. Subi6ct to the Annual lMnimum Premium shovtrr
in ltem 5 of the Declarations, iJ the earned premium is less than fie Total Advance Premium,
vre vrill return the difference to the frst Named lnsured.
3. The first Named lnsured must keop records of the information vre need for premium
computation, and send us copies at such times as v\€ may request. The first Named lnsured
shoun on the Declarations is responsible tor the payment o{ all premiums and uill be the payse
{or any return premiums v\e pay.
M. Roptosentstions of Freud
By accepting this policy, you agree:
1. The staements in the Declarations are accurate and complee;
2 Tho6e statements are based upon repres€ntations 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 faud by you as it relates to this policy or any claim or "suit"
under this policy.
N. Separation ol "lnsutods "
Except \^ith respect to the limits ol insurance of this policy and rights or dutes specifically
assiqned to d.le 6rst Named lnsured designated in lt€m 1 o, the Declarations. this insurance applies:
1. As iieach "Named lnsured" \Ere the only "Named lnsured"; and
2 Separately to each "lnsured" against vfiom claim is made or "Suit" is brought.
O. Transfor of Rights oI Becovsry
1. lf any 'lnsured" has rights to recover all or part oI any payment v\re have made under this
policy, those righE are transJerred to us. The "lnsured" must do nothing a{ter loss to impair
these rights and must help us enforce them
OC.UMAR
t-x9799 (10i06)Paso 22 ot 24
page 48 of 55
2 Any recoveries v\ill be applied as follou6:
a. Any person or organization, including the "lnsured", that has paid an amount in excess of
the applicable limhs o{ insurance ol this policy \ ill be reimbursed frst;
b. We then rMll be reimbursed up to the amount \ € have paid; and
c. Lasty, any person or organization, including the "lnsured" trat has paid an amount over
which this policy is excess is endied to claim the remainder'
E&enses incurred in the exercise o, rights ol recovery v\ill b€ apportioned among the persons or
organiza ons, including the "lnsured", in the ratio oI tteir respective recoveries as fnally setded.
3. l{, prior to the tme o{ an "occurrence", you and the insurer oI "scheduled underlying
insurance' \ 6ive any right of recovery against a specifc person or organization for iniury or
damage as required under an .,insured contract.', vre rMll also v16ive any rights \^€ may have
against such person or organization.
P. Translor o, YouI Rights and Dutiss
Your righG and duties under this policy may not be fansfurred '|litrtout oJr v\ritten consent.
lf you die or are legally declared bankrupt, your rights and duties \ ill be tansfurred to your legal
representabve, but oniy *trile acting \ ithin lhe scope o{ duties as your legal representative'
Horaever, notice of cancellation sent to the first "Named lnsured" designated in ltem 'l of-tte
Declarations and mailed to the address shorrt in this policy vrill be sulficient notce to effect
cancellation ol this PolicY
O. Sorvica ot Suil
It is agreed that in be event of our hilure to pay any amount claimed to be due hereunder, v\e, at
the rJquest of the "lnsured", v\ill submit jurisdiction of a court oJ competent iurisdiction uithin the
united states. Nothing in this condition constibjtes or should be understood to constitute a v\6iver
of our righ6 to commence an action in any court oI competent jurisdiction in the united states, to
r.".ora in action to a United States Disrict Court or to seek a uansfur of a case to another coun
as permitted by the la,as oJ the united states or of any state in i.le united states. lt is further
agreed d,lat service ol process may be made upon counsel, Legal oepartrnent, Letngton lnsurance
c-o-pany, gg High steet, Bo6ton, Massachusetts o2.l10, or his or her representative, and that in
any ,;suii,, instituLd against us, upon this policy, \ E rnill abide by the fnal decision o, such court or
oJ an appellate court in the event o, an appeal'
Further, pursuant to any statute ol any state, territory, or district of the united states \ hich makes
provisiontherefor,vl€herebydesignatetheSuperintendent,commissioner,Directoroflnsurance,
orolherofficerspecifiedbrtratpurposeinthestafute,orhisorhersuccessororSuccessorsin
offiCe as Our fue and lav\^il attorney upon \hom may be served any lawful process in Any acton,
''suit,'orproceedinginstifutedbyoronbehallofyouoranybeneiciaryhereunderarisingoutol
tris contact of insurance, and hereby designate the Counsel, Legal Department, Lexington
lnsuranceCompany,ggHighStreet,Boston,MassachusettsO2llO'asthepersontovrhomthe
said officer is authorized to mail such process or a true copy thereof'
R. Arbilrstion
Notv\ithstandingConditono.serviceofSuit,above,intheevento{adisagreementaStothe
interpr€tation Jf trris policy (except \ith regard to uhether this policy is void or voidable), it is
.rlr"ffv "gr""a
trrat such dispute shall be submited to binding arbitraton before a panel o' three
rsi Aruitrafirs consisting of mo (2) party-nominated (non-impartial) Arbitrators and a third (impartial)
Arbitrator (hereina{ter "umpire") as the sole and exclusive remedy'
The party desting arbiration of a dispute shall notily the other party, said notice including the
name, adiress an-d occupation ol the Abitrator nominated by the demanding party. The other party
Shall,wifrin30daystollov\ingreceiptofthedemand,notifyinv\ritingthedemandingpartyo'the
name, address anj occrpatio-n ol tle Arbitrator nominated by it. The tv\,o (2) arbifators so selected
shall, \^ithin 30 days ol the appointnent of th€ second Arbitrator, select an umpire. lrthe Arbitrators
are unaue to agree upon an umpire, the selection ol the umpire shall be submitted to the Judicial
Arbitration and t\Iediation Seriices (hereinafter, "JAMrS") The umpire shall be selected in
accordance vrith Rule 15 (as may be amended trom time to time) ol the JAI\tS Comprehensive
Arbitration Rules and Procedures for the selection of a sole arbitrator'
o c -uiiaR
1X9799 l',lo/061 Paga B ol 24
Fii_sffi*
ffi page 49 of 55
The parties shall submit their cases to the panel by Mritten and oral evidence at a hearing 6me and
place s€lected by the umpire. Said hearings shall be held vrithin 30 days o{ the selection of the
umpire. The panel shall be relieved ol all judicial formality, shall not be obligated to adhere to the
srict rules oJ law or ol evidence, shall seek to enrorce the intent o, the parties hereto and may
reler to, but are not limited to, relevant legal principles. The decision of at least tuo (2) of the
three (3) panel m€mbers shall be binding and fnal and not subiect to appeal except ior grounds of
lraud and gross misconduct by fre Arbrtrators. The a\Brd r^ill be issued uitrin 30 days of the
close o, the hearings. Each party shall bear expenses ol its designated Arbitrator and shall joindy
and equally share \ ith the other the epense of tte umpire and the arbitration.
The arbiration proceeding shall take place in the vicinity oI the frst Named lnsured's mailing
address as shov.n in the Declarations or such other place as may be mutually agreed by the frst
Named lnsured and us. The procedural rules applicable to this arbitation shall, except as provided
otrer\,ise herein, be in accordance vrith the JAMS Comprehensive Arbiration Rules and
Procedures,
lN WTNESS WHEREOF, up have caused this policy to be executed and attested, but this policv ' ill
not be valid unless countersigned by on€ of our duly authorized representstives, where required by law
,e,k 4,"P^,4"-'--
0
OC.U TBR
1X9799 { 10/05)Pasc 24 ot 24
ffi page 50 of 55
Leighton Group lnc
BA3R7084a)12243G
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET WATVER OF SUBROGATION
This erdorsem€nt modifies insurance provided under the following
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORI,4
MOTOR CARRIER COVERAGE FORM
The following replaces Paragraph A'5., Transiel ot
Rlghts Ot Recovery Agalnst olhers To Us, of the
cONDITIoNS Section:
5. Transfer Of Rights Of Recovery Against Oth-
ers To Us
We waive any right ol recovery we may have
against any person or organization to the extent
required oi you by a written contract executed
p.ior to any 'accident' or "loss", provided that the
"ac€ident" or'16s" arises out of the operations
contemplated by such contract The waiver ap-
plies only to the p€rson or orgtsnizalion desig-
nated in such contfact.
1.t53l
ca T3 40 02 15 O2015 lho Trav€l.rs lnd6mnitv Company' Allrighls r93erv6d'
lncludos cogyn0ht6d metsnal of ln6urenas sorvlcs5 olllce, Inc. wlh rts p€rmlsBlofl
Page 1 of 1
PROvISIONS
L The following is added to Paragraph A.1.c', who
ls An lnsured, of SECTION ll - COVEREO
AUTOS LIABILITY COVERAGE:
This includes any person or organization who you
are required under a written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily injury" or "property damage" occurs and
thal is in effect during the policy period, to name
as an additionsl insured for Covered Autos
Liability Coverage, but only for damages to which
this insurance applies and only to the edent of
that person's or organization's liability for the
conducl of another "insured"
page 52 of 55
Leighton Group lnc
BA3F7084312243G CO[JlMERCIAL AUTO
THIS ENDORSEMENTCHANGES THE POLICY. PLEASE READ ITCAREFULLY'
BLANKET ADDITIONAL INSURED - PRIMARY AND
NON.CONTRIBUTORY WITH OTHER INSURANCE
2. The follor ing is added to Paragraph 8.5., Other
lnsurance of SECTION lV - BUSINESS AUTO
CONDITIONS:
Regardless of the provisions of paragraph a. and
paragraph d. of lhis part 5. Other lnsurance, this
rnsurance is primary to and non-contributory with
applicable other insurance under which an
additional insured person or organization is lhe
first named insured when lhe written conlracl or
agreement between you and that person or
organization, that is signed by you before the
"bodily injury" or "property damage" occurs and
that is in eflect during the policy perjod, requires
this insurance to be primary and non'contributory'
8533
cAr4 74 02 16 u m16 The Travelers lndemnty Company All rights reserved
ncludes copynghtecl materialof nsurance Services Omoe, Inc with is pemBsion
Page 1 of 1
ffi
This endorsement modifies insurance provided under the follot/ving
BUSINESS AUTO COVERAGE FORIVI
page 54 of 55
-,TRAVELERSJ
ONE TOWER SQUARE
HARTFORD CT 06183
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 75 ( A) - 001
POLICY NUMBER: UB1 85099812243G
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT - CALIFORNIA
(BLANKET WAIVER)
We have the riqht 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 - Oo o/o of the California workers' compensation pre-
mium.
Schedule
Person or Organization
A}IY PERSON OR ORGANIZATTON FOR
I{H ICII TEE INSI'RED IIAS AGREBD
BY WRITTEN CONTRACT EXECIIrED
PNIOR TO I.OSS TO FURNISH THIS
W}IVER .
Job D€scrlption
All Operations
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise
stated.
crhe irformation below is required only whGn this endorsement is issued subsequent to preparation of
the pollcy.)
Endo6ement Effective oglolD@2 Policy No. UBI85o99812243G Endorsement No
lnSured Leighlon Group lnc Premium
lnsurance Company
8535
DATE OF ISSUE:ST ASSIGN:
Countersigned by
Page 1 of 1
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