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HomeMy WebLinkAboutCOI - Applied_Landscape_Materials - 2027-02-08SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 2/20/2026 Acrisure West Insurance Services,LLC 1950 W Corporate Way #1 Anaheim CA 92801 408-387-5200 WestCerts@Acrisure.com License#:6009644 Berkshire Hathaway Specialty Insurance Company 22276 APPLLAN-02 Travelers Property Casualty Company of America 25674AppliedLandscapeMaterials,Inc. 4500 Pacific Street,Suite O Rocklin CA 95677 Oak River Insurance Company 34630 365790869 A X 1,000,000 X 100,000 5,000 1,000,000 2,000,000 X X Y Y 47-GLO-339516-02 2/8/2026 2/8/2027 2,000,000 A 1,000,000 X X X Y Y 47-CAO-339501-02 2/8/2026 2/8/2027 A X X 5,000,00047-UMO-339520-02 2/8/2026 2/8/2027 5,000,000 X 0 C XYAPWC7640272/8/2026 2/8/2027 1,000,000 1,000,000 1,000,000 B Rented Leased 6308X149439 2/8/2026 2/8/2027 Limit 50,000 The General Liability policy includes automatic additional insured status,primary and noncontributory and waiver of subrogation if required by written contract/agreement/permit.The Auto Liability policy includes automatic additional insured status,primary and noncontributory and waiver of subrogation if required by written contract/agreement/permit.The Workers Compensation policy includes waiver of subrogation if required by written contract/agreement/permit. City of Gilroy,its officers,officials and employees are included as an additional insured City of Gilroy,its officers,officials and employees 7351 Rosanna Street Gilroy CA 95020 Docusign Envelope ID: BE5F6E09-EB79-408B-A0B6-38A507556EAE 32/,&<180%(5&200(5&,$/*(1(5$//,$%,/,7< &*  7+,6(1'256(0(17&+$1*(67+(32/,&<3/($6(5($',7&$5()8//<  &*‹,QVXUDQFH6HUYLFHV2IILFH,QF3DJHRI  $'',7,21$/,1685('±2:1(56/(66((625 &2175$&7256±6&+('8/('3(562125 25*$1,=$7,21  7KLVHQGRUVHPHQWPRGLILHVLQVXUDQFHSURYLGHGXQGHUWKHIROORZLQJ  &200(5&,$/*(1(5$//,$%,/,7<&29(5$*(3$57  6&+('8/(  1DPH2I$GGLWLRQDO,QVXUHG3HUVRQ V  2U2UJDQL]DWLRQ V /RFDWLRQ V 2I&RYHUHG2SHUDWLRQV    ,QIRUPDWLRQUHTXLUHGWRFRPSOHWHWKLV6FKHGXOHLIQRWVKRZQDERYHZLOOEHVKRZQLQWKH'HFODUDWLRQV  $ 6HFWLRQ,,±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ll locations and jobs performed that have a written contract, agreement, or permit. As specifically required by the written contract referenced in Endorsement CL-UN-259-A-07/2020 Additional Insured If Required By Written Contract – ISO Terms, but only to the extent provided in (and subject to) both this Endorsement and the terms, conditions, limitations, and exclusions of Endorsement CL-UN-259-A-07/2020 Additional Insured If Required By Written Contract – ISO Terms. Docusign Envelope ID: BE5F6E09-EB79-408B-A0B6-38A507556EAE  3DJHRI‹,QVXUDQFH6HUYLFHV2IILFH,QF&*  &:LWK UHVSHFW WR WKH LQVXUDQFH DIIRUGHG WR WKHVH DGGLWLRQDO LQVXUHGV WKH IROORZLQJ LV DGGHG WR 6HFWLRQ,,,±/LPLWV2I,QVXUDQFH ,I FRYHUDJH SURYLGHG WR WKH DGGLWLRQDO LQVXUHG LV UHTXLUHGE\DFRQWUDFWRUDJUHHPHQWWKHPRVWZH ZLOOSD\RQEHKDOIRIWKHDGGLWLRQDOLQVXUHGLVWKH DPRXQWRILQVXUDQFH 5HTXLUHGE\WKHFRQWUDFWRUDJUHHPHQWRU $YDLODEOH XQGHU WKH DSSOLFDEOH OLPLWV RI LQVXUDQFH ZKLFKHYHULVOHVV 7KLV HQGRUVHPHQW VKDOO QRW LQFUHDVH WKH DSSOLFDEOHOLPLWVRILQVXUDQFH Docusign Envelope ID: BE5F6E09-EB79-408B-A0B6-38A507556EAE POLICY NUMBER: 47-GLO-339516-02 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 CG 20 37 12 19 © Insurance Services Office, Inc., 2012 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations All locations and jobs performed that have a written contract, agreement, or permit. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations As specifically required by the written contract referenced in Endorsement CL-UN-259-A-07/2020 Additional Insured If Required By Written Contract – ISO Terms, but only to the extent provided in (and subject to) both this Endorsement and the terms, conditions, limitations, and exclusions of Endorsement CL-UN-259-A-07/2020 Additional Insured If Required By Written Contract – ISO Terms. Docusign Envelope ID: BE5F6E09-EB79-408B-A0B6-38A507556EAE Page 1 of 1 | CL-UN-065-A-03/2015 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. ENDORSEMENT This endorsement, effective 12:01 AM:February 08, 2026 Forms a part of Policy No.:47-GLO-339516-02 Issued to:Applied Landscape Materials Inc By:Berkshire Hathaway Specialty Insurance Company PRIMARY NONCONTRIBUTORY – OTHER INSURANCE PROVISION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY COMMERCIAL RETAINED LIMIT LIABILITY INSURANCE POLICY FOLLOW FORM EXCESS LIABILITY POLICY PRODUCTS/COMPLETED OPERATIONS LIABILITY POLICY The following Condition is added to the policy: Primary Noncontributory – Other Insurance The insurance provided by this policy is primary, and will not seek contribution from any insurance available to an additional insured under this policy, provided that: (a) The additional insured is a named insured under such other insurance; and (b) Prior to an “occurrence” you agreed, in a fully executed written contract or agreement, that this insurance would be primary and would not seek contribution from any insurance available to that additional insured. All other terms and conditions of this policy remain unchanged. Docusign Envelope ID: BE5F6E09-EB79-408B-A0B6-38A507556EAE CL-UN-045-A-03/2015 Includes copyrightedmaterialofInsurance Services Office, Inc.,Page1of2 ENDORSEMENT This endorsement, effective 12:01 AM: February 08, 2026 Forms a part of Policy No.: 47-GLO-339516-02 Issued to: Applied Landscape Materials Inc By: Berkshire Hathaway Specialty Insurance Company WAIVER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY COMMERCIAL RETAINED LIMIT LIABILITY POLICY SCHEDULE Name Of Person Or Organization: Any person or organization that requires you to waive your rights of recovery, in a written and executed contract or agreement with you that is executed prior to the “occurrence”. The following Condition is added to the policy: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written and executed contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. The Transfer of Rights of Recovery condition in the policy is deleted to the extent of the waiver provided in this endorsement for the person or organization shown in the Schedule above. All other terms and conditions of this policy remain unchanged. Docusign Envelope ID: BE5F6E09-EB79-408B-A0B6-38A507556EAE Page 1 of 7 | BH-AL-001-12/2021 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ENDORSEMENT This endorsement, effective 12:01 AM:February 08, 2026 Forms a part of Policy No.:47-CAO-339501-02 Issued to:Applied Landscape Materials Inc By:Berkshire Hathaway Specialty Insurance Company BUSINESS AUTO ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II – COVERED AUTOS LIABILITY COVERAGE I.Subparagraph A.1. Who is an Insured is amended to include the following: The following will qualify as a Named Insured if there is no similar insurance available to that organization, regardless of whether the limits of such insurance are exhausted: a.Any incorporated subsidiary in which you maintain ownership or majority interest on the effective date of the Policy. b.Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest. However: (1)Coverage under this provision is afforded only until the 180 th day after you acquire or form the organization or the end of the Policy period, whichever is earlier; and (2)Coverage does not apply to "bodily injury" or "property damage" that results from an “accident” that occurred before you acquired or formed the organization. No person or organization will qualify as a Named Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. II.Subparagraph A.1. Who is an Insured is amended to include the following: d.The lessor of a covered “auto” while the “auto” is leased to you under a written agreement if: (1)The agreement requires you to provide direct primary insurance for the lessor; and (2)The “auto” is leased without a driver. Such a leased “auto” will be considered a covered “auto” you own and not a covered “auto” you hire. Docusign Envelope ID: BE5F6E09-EB79-408B-A0B6-38A507556EAE Page 2 of 7 | BH-AL-001-12/2021 Includes copyrighted material of Insurance Services Office, Inc., with its permission. e.Any person or organization to whom you become obligated to include as an additional insured under this Policy, as a result of any written contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this Policy, but only with respect to liability covered by the terms of this Policy, arising out of the use of a covered “auto” you own, hire or borrow. However, the insurance provided herein will not exceed the lesser of: (1)The coverage and/or limits of this Policy, or (2)The coverage and/or limits required by said contract or agreement. f.Your "employee" while using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. g.Your "employee" while operating an "auto" hired or rented under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. h.Any of your "executive officers" or his or her spouse, while a resident of the same household using a covered "auto" described below. For the purposes of this Paragraph h., a covered “auto” for Liability Coverage is any “auto” you don’t own, hire or borrow while being used by your “executive officer” or by his or her spouse while a resident of the same household except: (1)Any “auto” owned by that “executive officer” or a member of that person’s household; or (2)Any “auto” used by that “executive officer” or his or her spouse while working in a business of selling, servicing, or repairing or parking “autos”. We will provide coverage to this “insured” equal to the broadest coverage applicable to any covered “auto” you own that is covered by this Policy. Any coverage provided to this “insured” is excess over any other valid and collectible insurance. “Executive officer” means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document. Subparagraph A.2.a Supplementary Payments is deleted and replaced with the following: a. Supplementary Payments We will pay for the "insured": (1)All expenses we incur. (2)Up to $2,500 for cost of bail bonds (including bonds for related traffic 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 Insurance. (4)All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $300 a day because of time off from work. (5)All 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”. Docusign Envelope ID: BE5F6E09-EB79-408B-A0B6-38A507556EAE Page 3 of 7 | BH-AL-001-12/2021 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (6)All interest on the full amount of any judgment that accrues after 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 Insurance. These payments will not reduce the Limit of Insurance. III.Exclusion B.5. Fellow Employee is deleted and replaced with the following: 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. But this exclusion does not apply if you have workers' compensation insurance in force covering all of your “employees”. Coverage provided under this exception is excess over any other collectible insurance. SECTION III – PHYSICAL DAMAGE COVERAGE I.Paragraph A. Coverage is amended to include the following Coverage: Auto Lease Gap If a long-term leased “auto” is a covered “auto” and the lessor is named in the Policy as a loss payee, we will pay in the event of a total "loss" the unpaid amounts due on the lease for the covered “auto” at the time of the “loss”, less: 1.Overdue or any deferred lease payments at the time of the "loss"; 2.Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage. 3.Security deposits not returned by the lessor; 4.Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the lease; and 5.Carry-over balances from previous leases. The following has been added to the Other Insurance Condition: The insurance provided by this Auto Loan/Lease GAP Coverage is excess over any other collectible insurance including but not limited to any coverage provided by or purchased from the lessor or any financial institution. Docusign Envelope ID: BE5F6E09-EB79-408B-A0B6-38A507556EAE Page 4 of 7 | BH-AL-001-12/2021 Includes copyrighted material of Insurance Services Office, Inc., with its permission. II.Subparagraph A.4. Coverage Extensions is deleted and replaced with the following: a. Transportation Expenses We will pay up to $60 per day to a maximum of $2,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the Policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". b. Hired Auto Physical Damage Coverage (1) Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (a)Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (b)Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (c)Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $30 per day, to a maximum of $1,000 per accident. (2) Loss to Hired Auto For Hired Auto Physical Damage, we will pay for “loss” to an “auto” you rented or hired without a driver, under a written rental contract or agreement. We will pay for “loss” if caused by: (a)Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered “auto”; (b)Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (c)Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". We will provide coverage equal to the broadest coverage applicable to any covered “auto” you own that is covered by this Policy. However, the most we will pay for "loss" to any hired "auto" is: (a)$50,000; (b)The actual cash value of the damaged or stolen property at the time of the "loss"; or (c)The cost of repairing or replacing the damaged or stolen property; whichever is smallest, minus the deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. (3)This extension of coverage does not apply to any “auto” you hire 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. Docusign Envelope ID: BE5F6E09-EB79-408B-A0B6-38A507556EAE Page 5 of 7 | BH-AL-001-12/2021 Includes copyrighted material of Insurance Services Office, Inc., with its permission. c. Expense for Stolen Auto Return We will pay up to $10,000 for the expense incurred returning a stolen covered "auto" to you because of the total theft of such covered “auto”. III.Exclusion B.3 is deleted and replaced with the following: 3.We will not pay for "loss" due and confined to: a.Wear and tear, freezing, mechanical or electrical breakdown. However, this exclusion does not apply to accidental discharge of an airbag. b.Blowouts, punctures or other road damage to tires. This exclusion does not apply to such “loss” resulting from the total theft of a covered “auto”. IV.Paragraph D. Deductible is deleted and replaced with the following: D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations prior to the application of the Limit of Insurance, provided that: 1. The Comprehensive or Specified Cause of Loss Coverage deductible applies only to “loss” caused by: a. Theft or mischief or vandalism; or b. All Perils 2. Regardless of the number of covered “autos” damaged or stolen, the maximum deductible applicable for all “loss” in any one event caused by: a. Theft or mischief or vandalism; or b. All Perils, will be equal to five times the highest deductible applicable to any one covered “auto” on the Policy for Comprehensive or Specified Cause of Loss Coverage. The application of the highest deductible used to calculate the maximum deductible will be made regardless of which covered “autos” were damaged or stolen in the “loss”. However, no deductible applies to glass breakage if the glass is repaired rather than replaced. If another Policy or coverage form issued by us or any company that controls, is controlled by, or is under common control with us, applies to the same “accident”, the following applies: 1. If the deductible under this Policy is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible under this Policy is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. Docusign Envelope ID: BE5F6E09-EB79-408B-A0B6-38A507556EAE Page 6 of 7 | BH-AL-001-12/2021 Includes copyrighted material of Insurance Services Office, Inc., with its permission. SECTION IV - BUSINESS AUTO CONDITIONS I.Subparagraph A.2.a. is deleted and replaced with the following: a.In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident" or "loss". Include: (1)How, when and where the "accident" or "loss" occurred; (2)The "insured's" name and address; and (3)To the extent possible, the names and addresses of any injured persons and witnesses. This condition applies only when the "accident" is known to: (1)You, if you are an individual; (2)A partner, if you are a partnership; (3)A member, if you are a limited liability company; or (4)An officer or insurance manager, if you are a corporation. Your failure to give first report of a claim to us shall not invalidate coverage under this Policy if the loss was inadvertently reported to another insurer. However, you shall report any such “accident”, claim, “suit” or “loss” to us within a reasonable time once you become aware of such error. II.Subparagraph A.5. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced with the following: 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. However, we waive any right of recovery we may have against any person or organization with whom you have a written contract executed prior to the “loss” that requires a waiver of recovery for payments made for damages arising out of your operations done under contract with such person or organization. III.Subparagraph B.2. Concealment, Misrepresentation Or Fraud is deleted in its entirety and replaced with the following: 2. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally conceal or misrepresent 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. Docusign Envelope ID: BE5F6E09-EB79-408B-A0B6-38A507556EAE Page 7 of 7 | BH-AL-001-12/2021 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Any unintentional failure by you or any “insured” to provide accurate and complete representations as of the inception of the Policy will not prejudice the coverages afforded by this Policy. However, you must report such error or omission to us as soon as practicable after its discovery. IV.Subparagraph B.5.b. is deleted and replaced with the following: b.For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1)Any covered "auto" you lease, hire, rent or borrow; and (2)Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". SECTION V – DEFINITIONS I.Definition C. “Bodily injury” is deleted and replaced with the following: C."Bodily injury" means bodily injury, sickness or disease sustained by a person including mental anguish or death resulting from any of these. All other terms and conditions of the Policy remain the same. Docusign Envelope ID: BE5F6E09-EB79-408B-A0B6-38A507556EAE COMMERCIAL AUTO CA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 04 49 11 16 © Insurance Services Office, Inc., 2016 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A.The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance – Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1.Such "insured" is a Named Insured under such other insurance; and 2.You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". B.The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2.You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". Docusign Envelope ID: BE5F6E09-EB79-408B-A0B6-38A507556EAE Docusign Envelope ID: BE5F6E09-EB79-408B-A0B6-38A507556EAE