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HomeMy WebLinkAboutDorian Clair - Insurance Certificate (2019)AC O CERTIFICATE OF LIABILITY INSURANCE � Do�i��i2a�a' 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in Ileu of such endoreement(s). TA PRODUCER 707478-0792 866-222-6406 y g �T Curt Wimmer Agency P NEE Eld 1 I O, No): 866-22?- 406 0 Wimmer insurance Serivies ADDR s (,w mmer ns ante @aol,Corn .._......_... Po BOX 1782 INSURER(,$) AFFORDING COVERAGE NAIC # , �d��.��9-+.�:..�.�.$4� .—_...... .., •. INsuRERA:....._ ThV.1-1ar1:Ford _....... _..... . . INSURED INSURER 6: Dorain Clair Antique Clock Repair INSURERC: __... _...._ 1301 SanchezStr, INSVRERD: San Francisco, Ca. 95448 INSURERE: INSU,�i ER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PCRIOI) 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 THC TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, w IfSs PkVUL,bUtJK Lry Y'YPEOFINSURANCE I �_ R LILY-10 POLICYEXP LIMITS POLICY NUMBER (I�1 lMMIO[NYYYYI GENERAL LIABILITY EACH OCCURRENCE,2go0,f)pQ X — COMMERCIAL GENERAL LIABILITY $AMTG��Zi"i�EArEO PREMiSEtllEaoccurcatwe)......,. 1.aQ�•an� .. J CLAIMS°MADE OCCUR U The Hartford 11/15/2018 11/15/2010 MED �XP (Any ono person ....,i _ 57 SBA 618980 SC PERSONAL & ADV iNJURY s 2�Q.QQ QQ ...... . _l._.._ ._..._._...... (3ENERAl.AOGREbATE $,0Ci0.000 .......... GENL AGORL13ATE LIMIT APPLIES PER: E?RODUCTS - COMP/OP AGG s 4,000,00Q___ ._ f 7'I POLICY I ' PRO. LOGIT $ ^ _ `� AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Eascgltl@pil.__, -$-....v .M,...... ANY AUTO BODILY INJURY (Per person) 6 AUTOS�ED BODILY INJURY (Per aocldent) $ SCC�HEDULED N NED PROPERTY DAMAGE " 111REDAUTOS OB Per accident) 'I UMBRELLA LIAR I OCCUR EXCESS LIARIr j` CLAIMS -MADE ,CAOH OCCURRENCE 3 AGGREGATE $ DED REI TENTION$ $ WORKERS COMPENSATION I IO> r� "• AND EMPLOYERS' LIABILITY yy ANY PROPRIETORlPARTNERiEXECUTIVE _itlyS.�ATUT5 E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) E.L. DISEASE • EA EMPLOYEE,$ _ �__...., If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEA$C - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if awro space Is required) Antique Clock Repair CERTIFICATE HOLDER Additional Insured! Loss Payee City of Gilroy Officials and Employees 7351 Rosanna Str. Gilroy, Ca. 95020 CANCELLATiON SHOULD ANY OF THE A VE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIF11 DA E THEREOF, NOTICE WILT. BE DELIVERED IN ACCORDANCEPbLICY PROVISIONS. AUTHORIZED REPRESE�TATWV Curt Wimmer 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORO name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement changes the policy effective on the Inception Date of the policy unless another date is indicated below: Policy Number: 57 SBA BI8980 SC Named Insured and Mailing Address; DORIAN CLAIRE SEE FORM SS1235 1301 SANCHEZ ST SAN FRANCISCO CA 94131 Policy Change Effective Date: 06/20/19 Effective hour is the same as stated in the Declarations Page of the Policy. Policy Change Number: 005 Agent Name: AGENCY SERVICE BUREAU Code: 141116 POLICY CHANGES: SENTINEL INSURANCE COMPANY, LIMITED ANY CHANGES IN YOUR PREMIUM WILL BE REFLECTED IN YOUR NEXT BILLING STATEMENT.IF YOU ARE ENROLLED IN REPETITIVE EFT DRAWS FROM YOUR BANK ACCOUNT, CHANGES IN PREMIUM WILL CHANGE FUTURE DRAW AMOUNTS. THIS IS NOT A BILL. NO PREMIUM DUE AS OF POLICY CHANGE EFFECTIVE DATE BUSINESS LIABILITY OPTIONAL COVERAGES ARE REVISED ADDITIONAL INSURED(S) ARE ADDED THE FOLLOWING ARE ADDITIONAL INSURED FOR BUSINESS LIABILITY COVERAGE IN THIS POLICY. LOCATION 001 BUILDING 001 PERSON/ORGANIZATION: SEE FORM IH 12 00 FORM NUMBERS OF ENDORSEMENTS ADDED AT ENDORSEMENT ISSUE: PRO RATA FACTOR: 0.406 THIS ENDORSEMENT DOES NOT CHANGE THE POLICY EXCEPT AS SHOWN. Form SS 1211 04 05 T Page 001 (CONTINUED ON NEXT PAGE) Process Date: 06/25/19 Policy Effective Date: 11/15/18 Policy Expiration Date: 11 / 15 / 19 POLICY CHANGE (Continued) Policy Number: 57 SBA BI8980 Policy Change Number: 005 IH12001185 ADDITIONAL INSURED - PERSON -ORGANIZATION Form SS 12 1104 05 T Page 002 Process Date: 06/25/19 Policy Effective Date: 11/15/18 Policy Expiration Date: 11/15/19 POLICY NUMBER: 57 SBA BI8980 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON -ORGANIZATION LOC 001 BLDG 001 CITY OF GILROY, OFFICIALS AND EMPLOYEES 7351 ROSSANA STREET GILROY, CA 95020 Form IH 12 00 11 85 T SEQ. NO. 002 Printed in U.S.A. Page 001 Process Date: 0 6 / 2 5 / 19 Expiration Date: 11 / 15 / 19 0LibMutualerty ® INSURANCE Policyholder Information Named Insured & Mailing Address Agent Mailing Address & Phone No. DORIAN CLAIR (707) 773-3601 DBA DORIAN CLAIR ANTIQUE CLOCK AGENCY SERVICE BUREAU 1301 SANCHEZ ST PO BOX 750997 SAN FRANCISCO, CA 94131 PETALUMA, CA 94975-0997 o � Dear Policyholder We know you work hard to build your business. We work together with your agent, Your AGENCY SERVICE BUREAU (707) 773-3601 • Commercial to help protect the things you care about. Thank you for selecting us. Documents —"L Enclosed are your insurance documents consisting of: • Business Auto To find your specific coverages, limits of liability, and premium, please refer to your Declarations page(s). If you have any questions or changes that may affect your insurance needs, please contact your Agent at (707) 773-3601 • Detach the ID Card located at the back of the policy ® Verify that all information is correct • If you have any changes, please contact your Agent at (707) 773-3601 Reminders In case of a claim, call your Agent or 1-800-362-0000 h O You Need To Know • AUTO I.D. CARDS ARE INCLUDED AT THE BACK OF THE POLICY and can be used as evidence of insurance and provide you with information on what to do in case of an accident. • CONTINUED ON NEXT PAGE To report a claim, call your Agent or 1-800-362-0000 DS 70 20 01 08 You Need To Know - continued NOTICE(S) TO POLICYHOLDER(S) The Important Notice(s) to Policyholder(s) provide a general explanation of changes in coverage to your policy. The Important Notice(s) to Policyholder(s) is not a part of your insurance policy and it does not alter policy provisions or conditions. Only the provisions of your policy determine the scope of your insurance protection. It is important that you read your policy carefully to determine your rights, duties and what is and is not covered. FORM NUMBER TITLE CNA90 10 04 15 Important Notice to Policyholder Concerning Your Automobile Policy Punitive or Exemplary Damages CNA90 16 11 16 2016 Commercial Auto Miscellaneous Form Revisions Advisory Notice to Policyholders NP 74 44 09 06 U.S. Treasury Department's Office of Foreign Assets Control (OFAC) Advisory Notice to Policyholders NP 88 01 09 08 Important Information About Driving Outside of the United States and Proof of Auto Insurance NP 91 89 02 13 Important Information Consumer Affairs Policyholder Notice NP 91 91 02 13 Important Policyholder Information Concerning Billing Practices - California SNA04 01 01 16 California Auto Body Repair Consumer Bill of Rights . This policy will be direct billed. You may choose to combine any number of policies on one bill with your billing account. Please contact your agent for more information. CNA 90 10 04 15 IMPORTANT NOTICE TO POLICYHOLDER CONCERNING YOUR AUTOMOBILE POLICY PUNITIVE OR EXEMPLARY DAMAGES This notice contains a brief summary of coverage changes made to your policy. Please read your policy and review your Declarations page for complete coverage information. No coverage is provided by this notice, nor can it be construed to replace any provisions of your policy. If there are discrepancies between your policy and this notice, the provisions of the policy shall prevail. Should you have questions after reviewing the changes outlined below, please contact your independent agent. SUMMARY OF POLICY CHANGES CA 87 57 08 13 Punitive Or Exemplary Damages Exclusion —"� CA 87 57 10 14 Punitive Or Exemplary Damages Exclusion Alaska —°— AC 84 70 05 15 Punitive Or Exemplary Damages Exclusion California AC 84 71 05 15 Punitive Or Exemplary Damages Exclusion Louisiana AC 84 63 08 13 Punitive Or Exemplary Damages Exclusion Massachusetts CA 88 77 06 14 Punitive Or Exemplary Damages Exclusion New York AC 84 72 05 15 Punitive Or Exemplary Damages Exclusion Wisconsin If any of the above listed endorsements is added to your policy for the first time, the following reduction in coverage will apply. - COVERAGE REDUCTION This endorsement modifies your Commercial Automobile Policy: Regardless of any other provision of this policy, this policy does not apply to (and no coverage is provided for) "punitive or exemplary damages" or any costs, attorney's fees, interest, "damages" or any other amounts attributable to "punitive or exemplary damages". However, if a suit is brought against an "insured" arising out of a claim which alleges both compensatory damages and "punitive or exemplary damages", we will defend the entire suit despite the fact that coverage only applies to (and we will only pay for) the covered compensatory damages. • "Punitive or exemplary damages" include damages which are intended to punish or deter wrongful conduct, to set an example, to fine, penalize or impose a statutory penalty, and h damages which are awarded for any purpose other than as compensatory damages for "bodily injury" or "property damage". © 2015 Liberty Mutual Insurance CNA 90 10 04 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 CNA 90 16 11 16 2016 COMMERCIAL AUTO MISCELLANEOUS FORM REVISIONS ADVISORY NOTICE TO POLICYHOLDERS This Notice does not form part of your policy. No coverage is provided by this Notice nor can it be construed to replace any provision of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is any conflict between the Policy and this Notice, THE PROVISIONS OF THE POLICY SHALL PREVAIL. Carefully read your policy, including the endorsements attached to your policy. This Notice provides information concerning the following forms and endorsements which apply to your renewal policy being issued by us. The forms and endorsements may reduce or broaden coverage. Reductions Of Coverage CA 23 44 - Public Or Livery Passenger Conveyance Exclusion When this endorsement is attached to your policy, insurance provided under any applicable Covered Auto Liability, Physical Damage, Auto Medical Payments, Uninsured and/or Underinsured Motorists and Personal Injury Protection (or similar no-fault) Coverage is excluded while any covered auto is being used as a public or livery conveyance for passengers. This includes, but is not limited to, any period of time a covered auto is being used by an insured who is logged into a "transportation network platform" as a driver, whether or not a passenger is occupying the covered auto. CA 23 45 - Public Or Livery Passenger Conveyance And On -demand Delivery Services Exclusion When this endorsement is attached to your policy, insurance provided under any applicable Covered Auto Liability, Physical Damage, Auto Medical Payments, Uninsured and/or Underinsured Motorists and Personal Injury Protection (or similar no-fault) Coverage is excluded while any covered auto is being used: • As a public or livery conveyance for passengers. This includes, but is not limited to, any period of time a covered auto is being used by an insured who is logged into a "transportation network platform" as a driver, whether or not a passenger is occupying the covered auto; or • By an insured who is logged into a "transportation network platform" or "delivery network platform" as a driver to provide delivery services, which includes courier services, whether or not the goods, items or products to be delivered are in the covered auto. CNA 90 16 11 16 © 2016 Liberty Mutual Insurance Page 1 of 1 NP 74 44 09 06 U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. Please refer any questions you may have to your insurance agent. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presiden- tial declarations of "national emergency". OFAC has identified and listed numerous: -- • Foreign agents; • Front organizations; • Terrorists; • Terrorist organizations; and • Narcotics traffickers; as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury's web site -httpHwww.treas.gov/ofac. In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. © 2011 Liberty Mutual Insurance. All rights reserved. NP 74 44 09 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 NP 88 01 09 08 IMPORTANT INFORMATION ABOUT DRIVING OUTSIDE OF THE UNITED STATES AND PROOF OF AUTO INSURANCE THIS NOTICE DOES NOT PROVIDE ANY COVERAGE, NOR CAN IT BE CONSTRUED TO REPLACE ANY PROVISIONS OF YOUR POLICY. YOU SHOULD READ YOUR POLICY AND REVIEW YOUR POLICY DECLARATIONS FOR COMPLETE INFORMATION ABOUT THE COVERAGE THAT APPLIES. IF THERE IS ANY CONFLICT BETWEEN THE POLICY AND THIS NOTICE, THE PROVISIONS OF THE POLICY PREVAIL. This notice provides you with information about territory provisions included in your policy. Your policy provides coverage for accidents or losses that occur within the policy period shown on the Declarations and within the policy territory. The policy territory is defined as the United States of America, its possessions (such as American Samoa, Guam and the U.S. Virgin Islands), Puerto Rico or Canada. While that is the case, in locations outside of the United States, authorities may not accept the Auto Identification Card we pro- vided to you with your policy as proof that you have insurance. For example, Canada requires non-resident operators to carry a special identification Card. For this reason, before you drive outside of the United States, be sure that you: • Familiarize yourself with the motor vehicle laws in the countries or territories you plan to drive in; and • Obtain a "Canada Non -Resident Inter -Province Motor Vehicle Liability Insurance Card" from your independent insurance agent when driving in Canada. In addition, because your policy's territory definition does not include Mexico, if you plan to drive in Mexico, contact your independent insurance agent to purchase Mexican Auto Insurance. Under Mexican laws, auto accidents are not just civil offenses. They are considered criminal offenses and, therefore, the consequences of driving uninsured can be severe. If you have any questions about this notice or the territory provisions of your policy, please contact your independent insurance agent. Your agent can answer your questions and, to the extent possible, ensure 16 your coverage meets your insurance needs. NP 88 01 09 08 Page 1 of 1 NP 91 89 02 13 IMPORTANT INFORMATION Consumer Affairs -California Because of the complicated nature of the insurance business, there may be times when you will have questions regarding your coverage or the premium charged, or a problem may occur with your policy. If this occurs we urge you to contact either your agent or broker to answer your question or resolve your problem. However, if you are unable to receive a satisfactory answer or resolution to your problem, please contact us directly: American Fire and Casualty Company Ohio Security Insurance Company The Ohio Casualty Insurance Company West American Insurance Company 1-800-688-8661 -- If you are still not satisfied, you may contact the following State Agency: California Department of Insurance 300 South Spring Street Los Angeles, CA 90013 Toll Free Number: 1-800-927-HELP (Calif. only) NP 91 89 02 13 © 2013Liberty Mutual Insurance Page 1 of 1 NP 91 91 02 13 IMPORTANT POLICYHOLDER INFORMATION CONCERNING BILLING PRACTICES -CALIFORNIA Dear Valued Policyholder: This insert provides you with important information about our policy billing practices that may affect you. Please review it carefully and contact your agent if you have any questions. Premium Notice: We will mail you a policy Premium Notice separately. The Premium Notice will provide you with specifics regarding your agent, the account and policy billed, the billing company, payment plan, policy number, transaction dates, description of transactions, charges/credits, policy amount balance, mini- mum amount, and payment due date. This insert explains fees that may apply to and be shown on your Premium Notice. Available Premium Payment Plans: • Annual Payment Plan: When this plan applies, you have elected to pay the entire premium amount balance shown on your Premium Notice in full. No installment billing fee applies when the Annual Payment Plan applies. • Installment Payment Plan: When this plan applies, you have elected to pay your policy premium in installments (e.g.: quarterly or monthly installments - Installment Payment Plans vary by state). As noted below, an installment fee may apply when the Installment Payment Plan applies. The Premium Payment Plan that applies to your policy is shown on the top of your Premium Notice. Please contact your agent if you want to change your Payment Plan election. Installment Payment Plan Fee: If you elected to pay your premiums in installments using the Installment Premium Payment Plan, an installment billing fee applies to each installment bill. The installment billing charge will not apply, however, if you pay the entire balance due when you receive the bill for the first installment. Because the amount of the installment charge varies from state to state, please consult your Premium Notice for the actual fee that applies. Dishonored Payment Fee: Your financial institution may refuse to honor the premium payment withdrawal request you submit to us due to insufficient funds in your account or for some other reason. If that is the case, and your premium payment withdrawal request is returned to us dishonored, a payment return fee will apply. Because the amount of the return fee varies from state to state, please consult your Premium Notice for the actual fee that applies. Late Payment Fee: If we do not receive the minimum amount due on or before the date or time the payment is due, as indicated on your Premium Notice, you will receive a policy cancellation notice effective at a future date that will also reflect a late payment fee charge. Issuance of the cancellation notice due to non-payment of a scheduled installment(s) may result in the billing and collection of all or part of any outstanding premiums due for the policy period. Late Payment Fees vary from state to state and are not applicable in some states. 0 Special Note: Please note that some states do not permit the charging of certain fees. Therefore, if your state does not allow the charging of an Installment Payment Plan, Dishonored Payment or Late Payment Fee, the disallowed fee will not be charged and will not be included on your Premium Notice. EFT -Automatic Withdrawals Payment Option: When you select this option, you will not be sent Premium Notices and, in most cases, will not be charged installment fees. For more information on our EFT -Auto- matic Withdrawals payment option, refer to the attached policyholder plan notice and enrollment sheet. Schedule of Fees Type of Fee Fee Amount Installment Payment Plan Non Recurring Payment Option $10.00 EFT -Automatic Withdrawals Payment Option $0.00 Dishonored Payment $20.00 Late Payment $25.00 Once again, please contact your agent if you have any questions about the above billing practice informa- tion. Thank you for selecting us to service your insurance needs. NP 91 91 02 13 © 2013 Liberty Mutual Insurance Page 1 of 1 SNA 04 01 01 16 CALIFORNIA AUTO BODY REPAIR CONSUMER BILL OF RIGHTS A Consumer is entitled to: 1. Select the auto body repair shop to repair auto body damage covered by the insurance company. An insurance company shall not require the repairs to be done at a specific auto body repair shop. 2. An itemized written estimate for auto body repairs and, upon completion of repairs, a detailed invoice. The estimate and the invoice must include . an itemized list of parts and labor along with the total price for the work performed. The estimate and invoice must also identify all parts as new, used, aftermarket, reconditioned or rebuilt. 3. Be informed about coverage for towing and storage services. 4. Be informed about the extent of coverage, if any, for a replacement rental vehicle while a damaged vehicle is being repaired. 5. Be informed of where to report suspected fraud or other complaints and concerns about auto body repairs. 6. Seek and obtain an independent repair estimate directly from a registered auto body repair shop for repair of a damaged vehicle, even when pursuing an insurance claim for repair of the vehicle. Complaints within the jurisdiction of the Bureau of Automotive Repair Complaints concerning the repair of a vehicle by an auto body repair shop should be directed to: Toll Free (866) 799-3811 N Bureau of Automotive Repair 10949 N Mather Blvd Rancho Cordova, CA 95670 The Bureau of Automotive Repair can also accept complaints on its website at: www.autoreoair.c a.aov Complaints within the jurisdiction of the California Insurance Commissioner Any concerns regarding how an auto insurance claim is being handled should be submitted to the California Department of Insurance at: (800) 927-4357 or (213) 897-8921 California Department of Insurance Consumer Services Division 300 S Spring St Los Angeles, CA 90013 The California Department of Insurance can also accept complaints on its website at: www.insurance.ca.aov SNA 04 01 01 16 © 2015 Liberty Mutual Insurance Page 1 of 1 Coverage Is Provided In: Liberty Ohio Security Insurance Company - a stock company Mutual® INSURANCE Common Policy Declarations Policy Number: BAS (19) 56 34 9106 Policy Period: From 11/15/2018 To 11/15/2019 12:01 am Standard Time at Insured Mailing Location Named Insured & Mailing Address Agent Mailing Address & Phone No. DORIAN CLAIR (707) 773-3601 DBA DORIAN CLAIR ANTIQUE CLOCK AGENCY SERVICE BUREAU 1301 SANCHEZ ST PO BOX 750997 SAN FRANCISCO, CA 94131 PETALUMA, CA 94975-0997 Named Insured Is: INDIVIDUAL Named Insured Business Is: CLOCK REPAIR In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. SUMMARY OF COVERAGE PARTS AND CHARGES II I I II II II IIII IIII II I II I I This policy consists of this Common Policy Declarations page, Common Policy Conditions, Coverage Parts (which consist of coverage forms and other applicable forms and endorsements, if any, issued to form a part of them) and any other forms and endorsements issued to be part of this policy. COVERAGE PART CHARGES N Business Auto $2, 348.00 Total Charges for all of the above coverage parts: Coverage for Terrorism is Excluded IMPORTANT MESSAGES II I I I Ills II II I I I I IIIIII I I II I $2,348.00 Note: This is not a bill Issue Date 10/01/18 Authorized Representative I I I I I III I I I I 11 I I I I 11 I 11 I I 1 I I To report a claim, call your Agent or 1-800-362-0000 DS 70 21 11 16 10/01/18 56349106 POLSVCS 270 NCXFPPNO INSURED COPY 003461 PAGE 11 OF 76 Coverage Is Provided In: Policy Number: Llbel't�r Ohio Security Insurance Company - a stock company BAS (19) 56 34 9106 Mutual® Policy Period: INSURANCE From 11/15/2018 To 11/15/2019 12:01 am Standard Time at Insured Mailing Location Common Policy Declarations Named Insured Agent DORIAN CLAIR (707) 773-3601 DBA DORIAN CLAIR ANTIQUE CLOCK AGENCY SERVICE BUREAU POLICY FORMS AND ENDORSEMENTS I I I 11 I I II I I I I I I I 1 I II I I I II I I 11 This section lists all the Forms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER TITLE STATE(S) Applicable AC 00 31 01 14 Changes In Your Policy AC 21 16 11 16 California Uninsured Motorists Coverage - Bodily Injury AC 84 6006 14 State Application Of Terrorism Exclusion Endorsements AC 84 70 05 15 Punitive or Exemplary Damages Exclusion - CA CA 00 01 03 06 Business Auto Coverage Form CA 01 43 05 17 California Changes CA 04 24 04 06 California Medical Payments CA 04 25 05 07 California Individual Named Insured CA 23 45 11 16 Public or Livery Passenger Conveyance and On - Demand Delivery Services Exclusion CA 23 8401 06 Exclusion of Terrorism CA 23 86 01 06 Exclusion of Terrorism Above Minimum Statutory Limits CA 23 88 01 06 Alaska Exclusion of Terrorism Above Minimum Statutory Limits CA 23 9201 06 Washington Exclusion of Terrorism CA 85 47 12 93 Temporary Substitute Auto - Physical Damage Insurance CA 85 53 12 93 Recreational Trailers and Boat Trailers CA 88 10 01 13 Business Auto Coverage Enhancement Endorsement IL 00 17 11 98 Common Policy Conditions IL 00 21 09 08 Nuclear Energy Liability Exclusion Endorsement (Broad Form) IL 02 70 09 12 California Changes - Cancellation and NonRenewal In witness whereof, we have caused this policy to be signed by our authorized officers. Mark Touhey Paul Condrin Secretary President III II�II I I III I I III III .III I I I I III II I I I I I I I III I I I To report a claim, call your Agent or 1-800-362-0000 DS 70 21 11 16 CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA 10/01/18 56349106 POLSVCS 270 NCXFPPNO INSURED COPY 003461 PAGE 12 OF 76 Liberty 1Vlutual® INSURANCE Coverage Is Provided In: Ohio Security Insurance Company - a stock company Business Automobile Policy Declarations Policy Number: BAS (19) 56 34 91 06 Policy Period: From 11/1512018 To 11/15/2019 12:01 am Standard Time at Insured Mailing Location ITEM ONE: Named Insured Agent DORIAN CLAIR (707) 773-3601 DBA DORIAN CLAIR ANTIQUE CLOCK AGENCY SERVICE BUREAU ITEM TWO: SCHEDULE OF COVERAGES AND COVERED AUTOS This policy provides only those coverages where a charge is shown in the premium column below. Each of these coverages will apply only to those "autos" shown as covered "autos". "Autos" are shown as covered "autos" for a particular coverage by the entry of one or more of the symbols from the COVERED AUTO Section of the Business Auto Coverage Form next to the name of the coverage. *See Business Auto Coverage Form CA 00 01 for Covered Auto Symbol Descriptions COVERAGES LIMIT PREMIUM Liability Insurance $1,000,000 each accident $1, 5 8 6.0 0 Covered Auto Symbol(s) 07* N Medical Payments $5,000 per person $171.0 0 Covered Auto Symbol(s) 07* Uninsured Motorists $1,000,000 each accident $15 8.0 0 California California Uninsured Motorists Coverage - Bodily Injury Covered Auto Symbol(s) 07* Physical Damage Refer to Item Three Comprehensive Covered Auto Symbol(s) 07* n Collision Covered Auto Symbol(s) 07* To report a claim, call your Agent or 1-800-362-0000 DS 70 43 01 08 10/01/18 56349106 POLSVCS 270 NCXFPPNO INSURED COPY 003461 $148.00 $235.00 PAGE 13 OF 76 �� Liberty Mutual® INSURANCE Coverage Is Provided In: Ohio Security Insurance Company - a stock company Business Automobile Policy Declarations Named Insured DORIAN CLAIR DBA DORIAN CLAIR ANTIQUE CLOCK Agent (707) 773-3601 AGENCY SERVICE BUREAU Policy Number: BAS (19) 56 34 9106 Policy Period: From 11/15/2018 To 11/15/2019 12:01 am Standard Time at Insured Mailing Location ITEM TWO: SCHEDULE OF COVERAGES AND COVERED AUTOS - continued COVERAGES LIMIT PREMIUM Miscellaneous Coverages Business Auto Enhancement Endorsement $ 5 0.0 0 Total Provisional Charges: $2,348.00 Note: This is not a bill SUMMARY OF COVERED VEHICLES UNIT YEAR MAKE/MODEL VIN TERR ST CLASS ZIP SYM/COST 001 2007 CHRYSLER TOWN & CO 2A4GP44R77R166777 151 04 03199 94131 $25,620 I I I I I I I I I II I I I III I I II I 1 I I I II I I I I I I I I I To report a claim, call your Agent or 1-800-362-0000 DS 70 43 01 08 10/01/18 56349106 POLSVCS 270 NCXFPPNO INSURED COPY 003461 PAGE 14 OF 76 Coverage Is Provided In: Policy Number: I.1be1C Ohio Security Insurance Company - a stock company BAS (19) 56 34 9106 MUPolicy Period: INSURRANCEANCE From 11/15/2018 To 11/15/2019 Business Automobile 12:01 am Standard Time Policy Declarations at Insured Mailing Location Named Insured Agent DORIAN CLAIR (707) 773-3601 DBA DORIAN CLAIR ANTIQUE CLOCK AGENCY SERVICE BUREAU 0 —` ITEM THREE: COVERED VEHICLES AND PREMIUM DETAIL N UNIT 001 2007 CHRYSLER TOWN & COUNTRY VIN: 2A4GP44R77R166777 Rating CLASS SYM/COST TERRITORY RISK STATE RATING ZIP TOWN CODE Factors 03199 $25,620 151 CA 94131 0217 DESCRIPTION PREMIUM Liability Insurance $1, 5 8 6. 0 0 Medical Payments $171.0 0 Uninsured Motorist $15 8.0 0 N Physical Damage Comprehensive - Actual Cash Value Less $500 Deductible $148.00 Collision - Actual Cash Value Less $500 Deductible $235.00 Total Premium $2,298.00 To report a claim, call your Agent or 1-800-362-0000 DS 70 43 01 08 10/01/18 56349106 POLSVCS 270 NCXFPPNO INSURED COPY 003461 PAGE 15 OF 76 Named Insured Endorsement POLICY NUMBER BAS (19) 56 34 9106 Policy Period: From 11/15/2018 To 11/15/2019 12:01 am Standard Time at Insured Mailing Location This Endorsement Changes The Policy. Please Read it Carefully. The complete Named Insured reads as follows: DORIAN CLAIR DBA DORIAN CLAIR ANTIQUE CLOCK REPAIR IDS 88 04 03 15 PAGE 1 OF 1 Policy Number Issued by THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES IN YOUR POLICY This endorsement applies to: CA 00 01 12 93 - Business Auto Coverage Form CA 00 01 07 97 - Business Auto Coverage Form CA 00 01 10 01 -Business Auto Coverage Form CA 00 01 03 06 - Business Auto Coverage Form CA 00 05 12 93 - Garage Coverage Form CA 00 05 07 97 - Garage Coverage Form CA 00 05 10 01 - Garage Coverage Form CA 00 05 03 06 - Garage Coverage Form CA 00 12 12 93 - Truckers Coverage Form CA 00 12 07 97 - Truckers Coverage Form CA 00 12 10 01 - Truckers Coverage Form CA 00 12 03 06 - Truckers Coverage Form CA 00 20 12 93 - Motor Carrier Coverage Form CA 00 20 07 97 - Motor Carrier Coverage Form N CA 00 20 10 01 - Motor Carrier Coverage Form CA 00 20 03 06 - Motor Carrier Coverage Form This endorsement modifies the endorsements attached to the above coverage forms. 1. Any reference to Covered Autos Liability Coverage is changed to Liability Coverage. 2. Any reference in Physical Damage Coverage to "loss" to any one covered "auto" is changed to "loss" in any one "accident." 3. Any reference to Auto Dealers Coverage Form is changed to Garage Coverage Form. 4. Any reference to Motor Carriers Coverage Form also applies to Truckers Coverage Form. AC 00 31 01 14 © 2013 Liberty Mutual Insurance. All rights reserved. Page 1 of 1 COMMERCIAL AUTO AC 21 16 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA UNINSURED MOTORISTS COVERAGE - BODILY INJURY For a covered "auto" licensed or principally garaged in, or "garage operations" conducted in, California, this endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Limit Of Insurance: $ Each "Accident" Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Coverage 1. We will pay all sums the "insured" is legally entitled to recover as compensatory damages from the owner or driver of an "uninsured motor vehicle". The damages must result from "bodily injury" sustained by the "insured" caused by an "accident". The owner's or driver's liability for these damages must result from the ownership, maintenance or use of the "uninsured motor vehicle". 2. We will pay only after the limits of liability under any liability bonds or policies have been exhausted by payment of judgments or settlements. 3. Any judgment for damages arising out of a "suit" brought without our written consent is not binding on us. B. Who Is An Insured If the Named Insured is designated in the Declarations as: 1. An individual, then the following are "insureds": a. The Named Insured and any "family members". b. Anyone else "occupying" a covered "auto" or a temporary substitute for a covered "auto". The covered "auto" must be out of service because of its breakdown, repair, servicing, "loss" or destruction. c. Anyone for damages he or she is entitled to recover because of "bodily injury" sustained by another "insured". 2. A partnership, limited liability company, corporation or any other form of organization, then the following are "insureds": a. Anyone "occupying" a covered "auto" or a temporary substitute for a covered "auto". The covered "auto" must be out of service because of its breakdown, repair, servicing, "loss" or destruction. b. Anyone for damages he or she is entitled to recover because of "bodily injury" sustained by another "insured". C. Exclusions This insurance does not apply to any of the following: 1. Punitive or exemplary damages. © 2017 Liberty Mutual Insurance AC 21 16 11 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 4 2. Any claim settled without our consent. However, this exclusion does not apply to a settlement made with the insurer of a vehicle described in Paragraph b. of the definition of "uninsured motor vehicle". 3. The direct or indirect benefit of any insurer or self -insurer under any workers' compensation, disability benefits or similar law or to the direct benefit of the United States, a state or its political subdivisions. 4. "Bodily injury" sustained by: a. An individual Named Insured while "occupying" or when struck by any vehicle owned by that Named Insured that is not a covered "auto" for Uninsured Motorists Coverage under this Coverage Form; b. Any "family member" while "occupying" or when struck by any vehicle owned by that "family member" that is not a covered "auto" for Uninsured Motorists Coverage under this Coverage Form; or c. Any "family member" while "occupying" or when struck by any vehicle owned by the Named Insured that is insured for Uninsured Motorists Coverage on a primary basis under any other Coverage Form or policy. However, Exclusion 4. shall not apply to "bodily injury" sustained by an individual Named Insured or "family member" when struck by a vehicle owned by that "insured" and operated or caused to be operated by a person without that "insured's" consent in connection with criminal activity that has been documented in a police report and to which that "insured" is not a party �.. to. 5. "Bodily injury" sustained by an individual Named Insured or any "family member" while "occupying" any vehicle leased by that Named Insured or any "family member" under a written contract for a period of six months or more that is not a covered "auto". 6. Anyone using a vehicle without a reasonable belief that the person is entitled to do so. 7. "Bodily injury" sustained by an "insured" while "occupying" any "auto" that is rented or leased to that "insured" for use as a public or livery conveyance. However, this exclusion " does not apply if the "insured" is in the business of providing public or livery conveyance. As used in this exclusion, public or livery conveyance includes, but is not limited to, any period of time an "auto" is being used by an "insured" who is logged into a "transporta- tion network platform" as a driver, whether or not a passenger is "occupying" the "auto". 8. "Bodily injury" arising directly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. D. Limit Of Insurance 1. Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for all damages resulting from any one "accident" is the Limit Of Insurance for Uninsured Motorists Coverage shown in the Schedule or Declarations. N 2. For a vehicle described in Paragraph b. of the definition of "uninsured motor vehicle", our Limit of Insurance shall be reduced by all sums paid because of "bodily injury" by or for anyone who is legally responsible, including all sums paid or payable under this policy's Liability Coverage. 3. No one will be entitled to receive duplicate payments for the same elements of "loss" under this coverage and any Liability Coverage form or Medical Payments Coverage endorsement attached to this Coverage Part. We will not make a duplicate payment under this coverage for any element of "loss" for which payment has been made by or for anyone who is legally responsible. We will not pay for any element of "loss" if a person is entitled to receive payment for the same element of "loss" under any workers' compensation, disability benefits or similar law. © 2017 Liberty Mutual Insurance AC 21 16 11 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 4 E. Changes In Conditions The Conditions are changed for California Uninsured Motorists Coverage - Bodily Injury as follows: 1. Duties In The Event Of Accident, Claim, Suit Or Loss is changed by adding the following: a. Promptly notify the police if a hit-and-run driver is involved; and b. Send us copies of the legal papers if a "suit" is brought. In addition, a person seeking coverage under Paragraph b. of the definition of "uninsured motor vehicle" must: (1) Provide us with a copy of the complaint by personal service or certified mail if the "insured" brings an action against the owner or operator of such "uninsured motor vehicle"; (2) Within a reasonable time, make all pleadings and depositions available for copying by us or furnish us copies at our expense; and (3) Provide us with proof that the limits of insurance under any applicable liability bonds or policies have been exhausted by payment of judgments or settlements. 2. Legal Action Against Us is replaced by the following: No legal action may be brought against us under this Coverage Form until there has been full compliance with all the terms of this Coverage Form and with respect to Paragraphs a., c. and d. of the definition of "uninsured motor vehicle" unless within two years from the date of the "accident": a. Agreement as to the amount due under this insurance has been concluded; b. The "insured" has formally instituted arbitration proceedings against us. In the event that the "insured" decides to arbitrate, the "insured" must formally begin arbitration proceed- ings by notifying us in writing, sent by certified mail, return receipt requested; or c. "Suit" for "bodily injury" has been filed against the uninsured motorist in a court of competent jurisdiction. Written notice of the "suit" must be given to us within a reasonable time after the "insured" knew, or should have known, that the other motorist is uninsured. In no event will such notice be required before two years from the date of the accident. Failure of the "insured" or his or her representative to give us such notice of the "suit" will relieve us of our obligations under this Coverage Form only if the failure to give notice prejudices our rights. 3. Transfer Of Rights Of Recovery Against Others To Us is replaced by the following: a. With respect to Paragraphs a., c. and d. of the definition of "uninsured motor vehicle", if we make any payment, we are entitled to recover what we paid from other parties. Any person to or for whom we make payment must transfer to us his or her rights of recovery against any other party. This person must do everything necessary to secure these rights and must do nothing that would jeopardize them. b. With respect to Paragraph b. of the definition of "uninsured motor vehicle", if we make any payment and the "insured" recovers from another party, the "insured" shall hold the proceeds in trust for us and pay us back the amount we have paid. 4. Other Insurance in the Business Auto and Garage Coverage Forms and Other Insurance - Primary And Excess Insurance Provisions in the Motor Carrier and Truckers Coverage Forms are replaced by the following: If there is other applicable insurance available under one or more policies or provisions of coverage: a. The maximum recovery under all Coverage Forms or policies combined may equal but not exceed the highest applicable limit for any one vehicle under any Coverage Form or policy providing coverage on either a primary or excess basis. b. Any insurance we provide with respect to a vehicle the Named Insured does not own shall be excess over any other collectible uninsured motorists insurance providing coverage on a primary basis. c. If the coverage under this Coverage Form is provided: (1) On a primary basis, we will pay only our share of the "loss" that must be paid under insurance providing coverage on a primary basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on a primary basis. © 2017 Liberty Mutual Insurance AC 21 16 11 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 4 (2) On an excess basis, we will pay only our share of the "loss" that must be paid under insurance providing coverage on an excess basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on an excess basis. 5. The following condition is added: Arbitration a. If we and an "insured" disagree whether the "insured" is legally entitled to recover damages from the owner or driver of an "uninsured motor vehicle" or do not agree as to the amount of damages that are recoverable by that "insured", the disagreement will be settled by arbitration. Such arbitration may be initiated by a written demand for arbitration made by either party. The arbitration shall be conducted by a single neutral arbitrator. �. However, disputes concerning coverage under this endorsement may not be arbitrated. Each party will bear the expenses of the arbitrator equally. b. Unless both parties agree otherwise, arbitration will take place in the county in which the "Insured" lives. Local rules of law as to arbitration procedures and evidence will apply. The decision of the arbitrator will be binding. F. Additional Definitions The following are added to the Definitions section: 1. "Family member" means the individual Named Insured's spouse, whether or not a resident of the individual Named Insured's household, and any other person related to such Named Insured by blood, adoption, marriage or registered domestic partnership under California law, who is a resident of such Named Insured's household, including a ward or foster child. 2. "Occupying" means in, upon, getting in, on, out or off. 3. "Transportation network platform" means an online- enabled application or digital network used to connect passengers with drivers using vehicles for the purpose of providing prearranged transportation services for compensation. 4. "Uninsured motor vehicle" means a land motor vehicle or "trailer": a. For which no liability bond or policy at the time of an "accident" provides at least the amounts required by the applicable law where a covered "auto" is principally garaged; b. That is an underinsured motor vehicle. An underinsured motor vehicle is a land motor vehicle or "trailer" for which the sum of all liability bonds or policies at the time of an "accident" provides at least the amounts required by the applicable law where a covered "auto" is principally garaged but that sum is less than the Limit of Insurance for this coverage; c. For which an insuring or bonding company denies coverage or refuses to admit coverage except conditionally or with reservation or becomes insolvent; d. That is a hit-and-run vehicle and neither the driver nor owner can be identified. The vehicle must make physical contact with an "insured", a covered "auto" or a vehicle an "insured" is "occupying"; or e. That is owned by an individual Named Insured or "family member" and operated or caused to be operated by a person without the owner's consent in connection with criminal activity that has been documented in a police report. However, "uninsured motor vehicle" does not include any vehicle: a. Owned or operated by a self -insurer under any applicable motor vehicle law except a self -insurer who is or becomes insolvent and cannot provide the amounts required by that motor vehicle law; b. Owned by the United States of America, Canada, a state or political subdivision of any of those governments or an agency of any of the foregoing; or c. Designed or modified for use primarily off public roads while not on public roads. © 2017 Liberty Mutual Insurance AC 21 16 11 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 4 Policy Number: Issued by: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. State Application Of Terrorism Exclusion Endorsements This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM If part of your policy, the below described Exclusion of Terrorism endorsements shall apply as follows: Exclusion of Terrorism - CA 23 84 01 06 This endorsement applies in all states except Alaska, Connecticut, Florida, Georgia, Hawaii, Kansas, Kentucky, Massachusetts, New Jersey, New York, Oklahoma, Oregon, Virginia and Washington. Exclusion of Terrorism Above Minimum Statutory Limits - CA 23 86 01 06 This endorsement applies only in Connecticut, Hawaii, Kansas, Kentucky, Massachusetts, New Jersey, Oklahoma and Oregon. Alaska Exclusion of Terrorism Above Minimum Statutory Limits - CA 23 88 01 06 This endorsement applies only in Alaska. Washington Exclusion of Terrorism - CA 23 92 01 06 This endorsement applies only in the state of Washington. AC 84 60 06 14 © 2014 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Policy Number AC 84 70 05 15 Issued by THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PUNITIVE OR EXEMPLARY DAMAGES EXCLUSION CALIFORNIA This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM �— GARAGE AUTO COVERAGE FORM TRUCKERS COVERAGE FORM _ MOTOR CARRIER COVERAGE FORM A. LIABILITY COVERAGE is changed by adding the following exclusion: —�- Regardless of any other provision of this policy, this policy does not apply to (and no coverage is provided for) "punitive or exemplary damages" or any costs, attorney's fees, interest, "damages" or any other amounts attributable to "punitive or exemplary damages". However, if a suit is brought against an "insured" arising out of a claim which alleges both compensatory damages and "punitive or exemplary damages", we will defend the entire suit despite the fact that coverage only applies to (and we will only pay for) the covered compensatory damages. B. ADDITIONAL DEFINITION "Punitive or exemplary damages" include damages which are intended to punish or deter wrongful conduct, to set an example, to fine, penalize or impose a statutory penalty, and damages which are awarded for any purpose other than as compensatory damages for "bodily injury" or "property dam- N age" AC 84 70 05 15 © 2015 Liberty Mutual Insurance Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 00 01 03 06 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured 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. Svmbol 1 2 3 4 Anv "Auto" SECTION I - COVERED AUTOS ITEM TWO of the Declarations shows the "autos" that are covered "autos" for each of your cov- erages. The following numerical symbols de- scribe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos". A. Description Of Covered Auto Designation Symbols Description Of Covered Auto Designation Svmbols Owned Only those "autos" you own (and for Liability Coverage any "trailers" "Autos" you don't own while attached to power units you own.) This includes Onlv those "autos" you acquire ownership of after the policy beqins. Owned Only the private passenger "autos" you own. This includes those private Private passenger "autos" you acquire ownership of after the policy begins. Passenger "Autos" Only Owned Only those "autos" you own that are not of the private passenger type "Autos" Other (and for Liability Coverage any "trailers" you don't own while attached Than Private to power units you own). This includes those "autos" not of the Passenger private passenger type you acquire ownership of after the policy begins. "Autos" Only 5 Owned Only those "autos" you own that are required to have No -Fault benefits "Autos" in the state where they are licensed or principally garaged. This Subject includes those "autos" you acquire ownership of after the policy begins To No -Fault provided they are required to have No -Fault benefits in the state where they are licensed or principally ciaraged. 6 Owned Only those "autos" you own that because of the law in the state where "Autos" they are licensed or principally garaged are required to have and Subject cannot reject Uninsured Motorists Coverage. This includes those To A '"autos" you acquire ownership of after the policy begins provided Compulsory they are subject to the same state uninsured motorists requirement. Uninsured Motorists Law 7 Specifically Only those "autos" described in Item Three of Declarations for which Described a premium charge is shown (and for Liability Coverage any "trailers" "Autos" you don't own while attached to anv Dower unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include Only 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. CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 1 of 13 Svmbol Description Of Covered Auto Desiqnation Svmbols 9 Non -Owned Only those "autos" you do not own, lease, hire, rent or borrow that "Autos" are used in connection with your business. This includes "autos" owned Only by your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in vour business or vour personal affairs. 19 Mobile Equip- Only those "autos" that are land vehicles and that would qualify under the ment Subject definition of "mobile equipment" under this policy if they were not To Compul- subject to a compulsory or financial responsibility law or other sory Or motor vehicle insurance law where they are licensed or principally garaged. �._ Financial Responsibility Or Other Motor =�-- Vehicle Insurance Law Only B. Owned Autos You Acquire After The Policy d. "Loss"; or �—. Begins e. Destruction 1. If symbols 1, 2, 3, 4, 5, 6 or 19 are SECTION II - LIABILITY COVERAGE entered next to a coverage in ITEM TWO of the Declarations, then you have cov- A. Coverage erage for "autos" that you acquire of the We will pay all sums an "insured" legally type described for the remainder of the must pay as damages because of "bodily policy period. injury" or "property damage" to which this 2. But, if symbol 7 is entered next to a insurance applies, caused by an "accident" coverage in ITEM TWO of the Declara- and resulting from the ownership, mainten- tions, an "auto" you acquire will be a ance or use of a covered "auto." covered "auto" for that coverage only if: We will also pay all sums an "insured" le- a. We already cover all "autos" that gally must pay as a "covered pollution cost you own for that coverage or it re- or expense" to which this insurance applies, places an auto you previously caused and resulting amaintenance ownedthat had that coverage; and the owne ship, or of cov- ered "autos." However, we will only pay for b. You tell us within 30 days after you the "covered pollution cost or expense" if acquire it that you want us to cover there is either "bodily injury" or "property it for that coverage. damage" to which this insurance applies that C. Certain Trailers, Mobile Equipment And Tem- is caused by the same "accident." porary Substitute Autos We have the right and duty to defend any If Liability Coverage is provided by this Cov- "insured" against a "suit" asking for such erage Form, the following types of vehicles damages or a "covered pollution cost or ex - are also covered "autos" for Liability Cov- pense". However, we have no duty to defend erage: any "insured" against a "suit" seeking dam- ages for "bodily injury" or "property dam- 1. "Trailers" with a load capacity of 2,000 age" or a "covered pollution cost or pounds or less designed primarily for expense" to which this insurance does not travel on public roads. apply. We may investigate and settle any 2. "Mobile equipment" while being carried claim or "suit" as we consider appropriate. or towed by a covered "auto." Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has 3. Any "auto" you do not own while used been exhausted by payment of judgments or with the permission of its owner as a settlements. temporary substitute for a covered "auto" you own that is out of service 1. Who Is An Insured because of its: The following are "insureds": a. Breakdown; a. You for any covered "auto." R b. air; Reppair;b. Anyone else while using with your c. Servicing; permission a covered "auto" you own, hire or borrow except: CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 2 of 13 (1) The owner or anyone else from whom you hire or borrow a cov- ered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a cov- ered "auto" you own. (2) Your "employee" if the covered "auto" is owned by that "em- ployee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is work- ing in a business of selling, ser- vicing, repairing, parking or storing "autos" unless that busi- ness is yours. (4) Anyone other than your "em- ployees", 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 partner- ship), or a member (if you are a limited liability company), for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "insured" described above but only to the extent of that liability. 2. Coverage Extensions a. Supplementary Payments. We will pay for the "insured": (1) All expenses we incur. (2) Up to $2,000 for cost of bail bonds (including bonds for re- lated traffic law violations) re- quired because of an "accident" we cover. We do not have to furnish these bonds. (3) The cost of bonds to release at- tachments 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 $250 a day because of time off from work. (5) All costs taxed against the "in- sured" in any "suit" against the "insured" we defend. (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 in- terest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insur- ance. These payments will not reduce the Limit of Insurance. b. Out of State Coverage Extensions. While a covered "auto" is away from the state where it is licensed we will: (1) Increase the Limit of Insurance for Liability Coverage to meet the limits specified by a compul- sory 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 the minimum amounts and types of other coverages, such as no-fault, required of out- of-state vehicles by the jurisdic- tion 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. Exclusions This insurance does not apply to any of the following: 1. Expected Or Intended Injury "Bodily injury" or "property damage" ex- pected or intended from the standpoint of the "insured". 2. Contractual Liability assumed under any contract or agreement. But this exclusion does not apply to li- ability for damages: a. Assumed in a contract or agreement that is an "insured contract" pro- vided the "bodily injury" or "prop- erty damage" occurs subsequent to the execution of the contract or agreement; or CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 3 of 13 b. That the "insured" would have in the 6. Care, Custody Or Control absence of the contract or agree- "Property damage" to or "covered ment. pollution cost or expense" involving 3. Workers' Compensation property owned or transported by the Any obligation for which the "insured" "insured" or in the "insured's" care, cus- or the "insured's" insurer may be held tody or control. But this exclusion does liable under any workers' compensation, not apply to liability assumed under a disability benefits or unemployment com- sidetrack agreement. pensation law or any similar law. 7. Handling Of Property 4. Employee Indemnification And Employ- "Bodily injury" or "property damage" re- ® er's Liability sulting from the handling of property: "Bodily injury" to: a. Before it is moved from the place a. An "employee" of the "insured" where it is accepted by the "insured" arising out of and in the course of: for movement into or onto the cov- ered "auto"; or •— (1) Employement by the "insured"; b. After it is moved from the covered or "auto" to the place where it is finally (2) Performing the duties related to delivered by the "insured". the conduct of the "insured's" business; or $• Movement Of Property By Mechanical o Device b. The spouse, child, parent, brother or "Bodily injury" or "property damage" re- sister of that "employee" as a con- suiting from the movement of property sequence of Paragraph a. above. by a mechanical device (other than a This exclusion applies: hand truck) unless the device is attached (1) Whether the "insured" may be to the covered "auto". N liable as an employer or in any 9. Operations other capacity; and "Bodily injury" or "property damage" (2) To any obligation to share dam- arising out of the operation of: ages with or repay someone else a. Any equipment listed in Paragraphs who must pay damages because 6.b. and 6.c. of the definition of "mo- of the injury. bile equipment"; or But this exclusion does not apply to b. Machinery or equipment that is on, "bodily injury" to domestic "employees" attached to, or part of, a land vehicle not entitled to workers' compensation that would qualify under the defini- benefits or to liability assumed by the tion of "mobile equipment" if it were "insured" under an "insured contract". not subject to a compulsory or finan- For the purposes of the Coverage Form, cial responsibility law or other motor a domestic "employee" is a person en- vehicle insurance law where it is li- gaged in household or domestic work censed or principally garaged. performed principally in connection with 10. Completed Operations a residence premises. 5. Fellow Employee "Bodily injury" or "property damage" N arising out of your work after that work "Bodily injury" to any fellow "employee" has been completed or abandoned. of the "insured" arising out of and in the In this exclusion, your work means: course of the fellow "employee's" em- ployment or while performing duties re- a. Work or operations performed by lated to the conduct of your business. you or on your behalf; and b. Materials, parts or equipment fur- nished in connection with such work or operations. CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 4 of 13 Your work includes warranties or repre- sentations made at any time with respect to the fitness, quality, durability or per- formance of any of the items included in Paragraphs a. or b. above. Your work will be deemed completed 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. (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 sub- contractor working on the same pro- ject. Work that may need service, main- tenance, correction, repair or replacement, but which is otherwise complete, will be treated as complet- ed. 11. Pollution "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollu- tants": a. That are, or that are contained in any property that is: (1) Being transported or towed by, handled, or handled for move- ment into, onto or from, the cov- ered "auto'; (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treat ed or processed in or upon the covered "auto'; b. Before the "pollutants" or any prop- erty in which the "pollutants" are contained are moved from the place where they are accepted by the "in- sured" for movement into or onto the covered "auto'; or c. After the "pollutants" or any prop- erty in which the "pollutants" are contained are moved from the cov- ered "auto' to the place where they are finally delivered, disposed of or abandoned by the "insured". CA 00 01 03 06 ©ISO Properties, Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gas- es or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or me- chanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dis- persed or released directly from an "auto" part designed by its manufacturer to hold, store, re- ceive or dispose of such "pollu- tants"; 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". Paragraphs b. and c. above of this exclu- sion do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) 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 (2) The discharge, dispersal, seep- age, migration, release or escape of the "pollutants" is caused di- rectly by such upset, overturn or damage. 12. War "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, including action in hindering or de- fending against an actual or expect- ed attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. Inc., 2005 Page 5 of 13 13. Racing 2. Towing. Covered "autos" while used in any pro- We will pay up to the limit shown in the fessional or organized racing or demoli- Declarations for towing and labor costs tion contest or stunting activity, or while incurred each time a covered "auto" of practicing for such contest or activity. the private passenger type is disabled. This insurance also does not apply while However, the labor must be performed at that covered "auto" is being prepared for the place of disablement. such a contest or activity. 3. Glass Breakage - Hitting a Bird or Ani- C. Limit Of Insurance mal - Falling Objects or Missiles. Regardless of the number of covered If you carry Comprehensive Coverage for �— autos", "insureds", premiums paid, claims the damaged covered "auto", we will made or vehicles involved in the "accident", pay for the following under Comprehen- the most we will pay for the total of all sive Coverage: damages and "covered pollution cost or ex- a. Glass breakage; m pense" combined, resulting from any one "accident" is the Limit of Insurance for Liabil- b. "Loss" caused by hitting a bird or ity Coverage shown in the Declarations. animal; and —� All "bodily injury," "property damage" and c. "Loss" caused by falling objects or "covered pollution cost or expense" resulting missiles. -� from continuous or repeated exposure to However, you have the option of having substantially the same conditions will be con- glass breakage caused by a covered sidered as resulting from one "accident". "auto's" collision or overturn considered No one will be entitled to receive duplicate a "loss" under Collision Coverage. payments for the same elements of "loss" 4. Coverage Extensions under this Coverage Form and any Medical a. Transporation Expenses Payments Coverage Endorsement, Uninsured Motorists Coverage Endorsement or Underin- We will pay up to $20 per day to a sured Motorists Coverage Endorsement at- maximum of $600 for temporary tached to this Coverage Pat transportation expense incurred by you because of the total theft of a SECTION III - PHYSICAL DAMAGE COVERAGE covered "auto" of the private pas - A. Coverage senger type. We will pay only for 1. We will pay for "loss" to a covered those covered "autos" for which you "auto" or its equipment under: either carrSpeci- pCoverage. fied CausesofComprehensive We a. Comprehensive Coverage. From any will pay for temporary transportation cause except: expenses incurred during the period (1) The covered "auto's" collision beginning 48 hours after the theft with another object; or and ending, regardless of the poli- cy's expiration, when the covered (2) The covered "auto's" overturn. "auto" is returned to use or we pay ° b. Specified Causes of Loss Coverage. for its "loss". Caused by: b. Loss Of Use Expenses (1) Fire, lightning or explosion; For Hired Auto Physical Damage, we will pay expenses for which an "in- sured" becomes legally responsible (3) Windstorm, hail or earthquake; to pay for loss of use of a vehicle (4) Flood; rented or hired without a driver, un- der a written rental contract or (5) Mischief or vandalism; or agreement. We will pay for loss of (6) The sinking, burning, collision or use expenses if caused by: derailment of any conveyance (1) Other than collision only if the transporting the covered "auto". Declarations indicate that Com- c. Collision Coverage. Caused by: prehensive Coverage is provided for any covered "auto"; (1) The covered "auto's" collision with another object; or (2) The covered "auto's" overturn. CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 6 of 13 (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Cov- erage is provided for any cov- ered "auto; or (3) 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 $20 per day, to a maximum of $600. B. Exclusions 1. We will not pay for "loss" caused by or resulting from any of the following. Such "loss" is excluded regardless of any oth- er cause or event that contributes con- currently or in any sequence to the "loss". a. Nuclear Hazard. (1) The explosion of any weapon employing atomic fission or fu- sion; or (2) Nuclear reaction or radiation, or radioactive contamination, how- ever caused. b. War or Military Action. (1) War, including undeclared or civ- il war; (2) Warlike action by a military force, including action in hinder- ing or defending against an ac- tual or expected attack, by any government, sovereign or other authority using military person- nel or other agents; or (3) Insurrection, rebellion, revolu- tion, 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 cov- ered "auto" while used in any profes- sional 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 cov- ered "auto" while that covered "auto" is being prepared for such a contest or ac- tivity. 3. We will not pay for "loss" caused by or resulting from any of the following un- less caused by other "loss" that is cov- ered by this insurance: a. Wear and tear, freezing, mechanical or electrical break- down. b. Blowouts, punctures or other road damage to tires. 4. We will not pay for "loss" to any of the following: a. Tapes, records, discs or other similar audio, visual or data electronic de- vices designed for use with audio, visual or data electronic equipment. b. Any device designed or used to de- tect speed measuring equipment such as radar or laser detectors and any jamming apparatus intended to elude or disrupt speed measurement equipment. c. Any electronic equipment, without regard to whether this equipment is permanently installed, that receives or transmits audio, visual or data signals and that is not designed sole- ly for the reproduction of sound. d. Any accessories used with the elec- tronic equipment described in Paragraph c. above. Exclusions 4.c. and 4.d. do not apply to: a. Equipment designed solely for the reproduction of sound and accesso- ries used with such equipment, pro- vided such equipment is permanently installed in the covered "auto" at the time of the "loss" or such equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss", and such equip- ment is designed to be solely op- erated by use of the power from the "auto's" electrical system, in or upon the covered "auto"; or b. Any other electronic equipment that is: (1) Necessary for the normal opera- tion of the covered "auto" or the monitoring of the covered "auto's" operating system; or CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 7 of 13 (2) An integral part of the same unit a. Pay its chosen appraiser; and housing any sound reproducing b. Bear the other expenses of the ap- equipment described in a. above praisal and umpire equally. and permanently installed in the opening of the dash or console If we submit to an appraisal, we will still of the covered "auto" normally retain our right to deny the claim. used by the manufacturer for in- 2. Duties In The Event Of Accident, Claim, stallation of a radio. Suit Or Loss 5. We will not pay for "loss" to a covered We have no duty to provide coverage "auto" due to "diminution in value". under this policy unless there has been C. Limit Of Insurance full compliance with the following duties: 1. The most we will pay for "loss" in any a. In the event of "accident", claim, one "accident" is the lesser of: "suit" or "loss", you must give us or our authorized representative prompt a. The actual cash value of the dama - g notice of the accident or "loss". ed or stolen property as of the time Include: of the "loss"; or (1) How, when and where the "ac- b. The cost of repairing or replacing the cident" or "loss" occurred; damaged or stolen property with oth- er property of like kind and quality. (2) The "insured's" name and ad- dress; and 2. An adjustment for depreciation and phys- ical condition will be made in (3) To the extent possible, the determining actual cash value in the names and addresses of any in - event of a total "loss". jured persons and witnesses. 3. If a repair or replacement results in bet- b. Additionally, you and any other in- "insured" ter than like kind or quality, we will not volved must: N pay for the amount of the betterment. (1) Assume no obligation, make no D. Deductible payment or incur no expense without our consent, except at For each covered "auto", our obligation to the "insured's" own cost. pay for, repair, return or replace damaged or stolen property will be reduced by the ap- (2) Immediately send us copies of plicable deductible shown in the Declara- any request, demand, order, no- tions. Any Comprehensive Coverage tice, summons or legal paper re - deductible shown in the Declarations does ceived concerning the claim or not apply to "loss" caused by fire or light- suit . ning. (3) Cooperate with us in the inves- SECTION IV - BUSINESS AUTO CONDITIONS tigation or settlement of the claim or defense against the The following conditions apply in addition to the "suit". Common Policy Conditions: (4) Authorize us to obtain medical A. Loss Conditions records or other pertinent infor- 1. Appraisal For Physical Damage Loss mation. If you and we disagree on the amount of (5) Submit to examination, at our "loss", either may demand an appraisal expense, by physicians of our of the "loss". In this event, each party choice, as often as we reason - will select a competent appraiser. The ably require. two appraisers will select a competent c. If there is "loss" to a covered "auto" and impartial umpire. The appraisers will or its equipment you must also do state separately the actual cash value the following: and amount of "loss". If they fail to agree, they will submit their differences (1) Promptly notify the police if the to the umpire. A decision agreed to by covered "auto" or any of its any two will be binding. Each party will: equipment is stolen. CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 8 of 13 A (2) Take all reasonable steps to pro- tect the covered "auto" from fur- ther damage. Also keep a record of your expenses for consider- ation in the settlement of the claim. (3) Permit us to inspect the covered "auto" and records proving the "loss" before its repair or dis- position. (4) Agree to examinations under oath at our request and give us a signed statement of your an- swers. 3. Legal Action Against Us No one may bring a legal action against us under this Coverage Form until: a. There has been full compliance with all the terms of this Coverage Form; and b. Under Liability Coverage, we agree in writing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment after trial. No one has the right under this poli- cy to bring us into an action to deter- mine the "insured's" liability. 4. Loss Payment - Physical Damage Coverages At our option we may: a. Pay for, repair or replace damaged or stolen property; b. Return the stolen property, at our ex- pense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "loss", our payment will include the applicable sales tax for the damaged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Cov- erage Form has rights to recover dam- ages from another, those rights are transferred to us. That person or organi- zation must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "in- sured" or the "insured's" estate will not relieve us of any obligations under this Coverage Form. 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. 3. Liberalization If we revise this Coverage Form to pro- vide more coverage without additional premium charge, your policy will auto- matically provide the additional coverage as of the day the revision is effective in your state. 4. No Benefit To Bailee - Physical Damage Coverages 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 regard- less of any other provision of this Cov- erage Form. CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 9 of 13 5. Other Insurance b. If this policy is issued for more than a. For any covered "auto" you own, one year, the premium for this Cov- this Coverage Form provides primary erage Form will be computed annu- insurance. For any covered "auto" ally based on our rates or premiums you don't own, the insurance pro- in effect at the beginning of each vided by this Coverage Form is ex- year of the policy. cess over any other collectible 7. Policy Period, Coverage Territory insurance. However, while a covered Under this Coverage Form, we cover "ac- "auto" which is a "trailer" is con- cidents" and "losses" occurring: netted to another vehicle, the Liabil- ity Coverage this Coverage Form a. During the policy period shown in provides for the "trailer" is: the Declarations; and (1) Excess while it is connected to a b. Within the coverage territory. motor vehicle you do not own. The coverage territory is: (2) Primary while it is connected to a. The United States of America; a covered "auto" you own. b. The territories and possessions of b. For Hired Auto Physical Damage the United States of America; Coverage, any covered "auto" you c. Puerto Rico; lease, hire, rent or borrow is deemed to be a covered "auto" you own. d. Canada; and However, any "auto" that is leased, e. Anywhere in the world if: hired, rented or borrowed with a driver is not a covered "auto". (1) A covered "auto" of the private passenger type is leased, hired, c. Regardless of the provisions of Para- g p rented or borrowed without a graph a. above, this Coverage Form's driver for a period of 30 days or Liability Coverage is primary for any less; and N liability assumed under an "insured contract". (2) The "insured's" responsibility to pay damages is determined in a d. When this Coverage Form and any "suit" on the merits, in the Unit - other Coverage Form or policy cov- ed States of America, the ter- ers on the same basis, either excess ritories and possessions of the or primary, we will pay only our United States of America, Puerto share. Our share is the proportion Rico, or Canada or in a settle - that the Limit of Insurance of our ment we agree to. Coverage Form bears to the total of the limits of all the Coverage Forms We also cover "loss" to, or "accidents" and policies covering on the same involving, a covered "auto" while being basis. transported between any of these places. 6. Premium Audit 8. Two Or More Coverage Forms Or Poli- cies Issued By Us o a. The estimated premium for this Cov- erage Form is based on the expo- erage If this Coverage Form and any other Cov- you told us you would have erage Form or policy issued to you by us when this policy began. We will or any company affiliated with us apply compute the final premium due to the same "accident", the aggregate when we determine your actual ex- maximum Limit of Insurance under all posures. The estimated total premi- the Coverage Forms or policies shall not um will be credited against the final exceed the highest applicable Limit of premium due and the first Named Insurance under any one Coverage Form Insured will be billed for the balance, or policy. This condition does not apply if any. If the estimated total premium to any Coverage Form or policy issued exceeds the final premium due, the by us or an affiliated company specifi- first Named Insured will get a re- tally to apply as excess insurance over fund. this Coverage Form. CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 10 of 13 SECTION V - DEFINITIONS b. Before the "pollutants" or any prop - A. "Accident" includes continuous or repeated erty in which the "pollutants" are exposure to the same conditions resulting in contained are moved from the place "bodily injury" or "property damage". where they are accepted by the "in- B. "Auto" means; sured" for movement into or onto the covered "auto"; or 1. A land motor vehicle, "trailer" or semi- trailer designed for travel on public c. After the "pollutants" or any prop - roads; or erty in which the "pollutants" are contained are moved from the cov- 2. Any other land vehicle that is subject to ered "auto" to the place where they a compulsory or financial responsbility are finally delivered, disposed of or law or other motor vehicle insurance law abandoned by the "insured." where it is licensed or principally ga- raged. Paragraph a. above does not apply to However, "auto" does not include "mobile fuels, lubricants, fluids, exhaust gas - equipment". es or other similar "pollutants" that are needed for or result from the C. "Bodily injury" means bodily injury, sickness normal electrical, hydraulic or me - or disease sustained by a person including chanical functioning of the covered death resulting from any of these. "auto" or its parts, if: D. "Covered pollution cost or expense" means (1) The "pollutants" escape, seep, any cost or expense arising out of: migrate, or are discharged, dis- 1. Any request, demand, order or statutory persed or released directly from or regulatory requirement that any "in- an "auto" part designed by its sured" or others test for, monitor, clean manufacturer to hold, store, re - up, remove, contain, treat, detoxify or ceive or dispose of such "pollu- neutralize, or in any way respond to, or tants"; and assess the effects of "pollutants"; or (2) The "bodily injury," "property �� 2. Any claim or suit by or on behalf of a damage" or "covered pollution governmental authority for damages be- cost or expense" does not arise cause of testing for, monitoring, cleaning out of the operation of any up, removing, containing, treating, detox- equipment listed in Paragraphs ifying or neutralizing, or in any way re- 6.b. or 6.c. of the definition of sponding to or assessing the effects of "mobile equipment." "pollutants". Paragraphs b. and c. above do not "Covered pollution cost or expense" does not apply to "accidents" that occur away include any cost or expense arising out of from premises owned by or rented the actual, alleged or threatened discharge, to an "insured" with respect to "pol- dispersal, seepage, migration, release or es- lutants" not in or upon a covered cape of "pollutants": "auto" if: a. That are, or that are contained in any (1) The "pollutants" or any property property that is: in which the "pollutants" are contained are upset, overturned (1) Being transported or towed by, or damaged as a result of the handled, or handled for move- maintenance or use of a covered " ment into, onto or from the cov- "auto'; and ered "auto"; (2) The discharge, dispersal, seep- (2) Otherwise in the course of age, migration, release or escape transit by or on behalf of the of the "pollutants" is caused di - "insured"; rectly by such upset, overturn or (3) Being stored, disposed of, treat- damage. ed or processed in or upon the covered "auto"; or CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 11 of 13 E. "Diminution in value" means the actual or perceived loss in market value or resale val- ue which results from a direct and accidental "loss". F. "Employee" includes a 'leased worker". "Employee" does not include a "temporary worker". G. "Insured" means any person or organization qualifying as an insured in the Who Is An Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. H. "Insured contract" means: —� 1. A lease of premises; 2. A sidetrack agreement; 3. Any easement or license agreement, ex- cept in connection 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; 5. That part of any other contract or agree- ment pertaining to your business (includ- ing 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 person or organization. Tort liabil- ity means a liability that would be im- posed by law in the absence of any contract or agreement. 6. That part of any contract or agreement entered into, as part of your business, pertaining to the rental of lease, by you or any of your "employees", of any "auto." However, such contract or agree- ment shall not be considered an "insured contract" to the extent that it obligates m you or any of your "employees" to pay for "property damage" to any "auto" re- nted or leased by you or any of your "employees". An "insured contract" does not include that part of any contract or agreement: a. That indemnifies a railroad for "bod- ily injury" or "property damage" arising out of construction or demoli- tion operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road beds, tunnel, underpass or crossing; or b. That pertains to the loan, lease or rental of an "auto" to you or any of your "employees", if the "auto" is loaned, leased or rented with a driv- er; or c. That holds a person or organization engaged in the business of transport- ing property by "auto" for hire harm- less for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. I. "Leased worker" means a person leased to you by a labor leasing firm under an agree- ment between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not in- clude a "temporary worker". J. "Loss" means direct and accidental loss or damage. K. "Mobile equipment" means any of the fol- lowing types of land vehicles, including any attached machinery or equipment: 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use princi- pally 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; 4. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: a. Power cranes, shovels, loaders, dig- gers or drills; or b. Road construction or resurfacing equipment such as graders, scrapers or rollers. CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 12 of 13 5. Vehicles not described in Paragraphs 1., L. "Pollutants" means any solid, liquid, gaseous 2., 3., or 4. above that are not self -pro- or thermal irritant or contaminant, including pelled and are maintained primarily to smoke, vapor, soot, fumes, acids, alkalis, provide mobility to permanently attached chemicals and waste. Waste includes materi- equipment of the following types: als to be recycled, reconditioned or re - a. Air compressors, pumps and gener- claimed. ators, including spraying, welding, M. "Property damage" means damage to or loss building cleaning, geophysical explo- of use of tangible property. ration, lighting and well servicing N. "Suit" means a civil proceeding in which: equipment; or b. Cherry pickers and similar devices 1. Damages because of "bodily injury" or property damage used to raise or lower workers. , or 6. Vehicles not described in Paragraphs 1., 2. A "covered pollution cost or expense", 2., 3. or 4. above maintained primarily to which this insurance applies, are alleged. for purposes other than the transporta- "Suit" includes: tion of persons or cargo. However, self- propelled vehicles with the following a. An arbitration proceeding in which types of permanently attached equipment such damages or "covered pollution are not "mobile equipment" but will be costs or expenses" are claimed and considered "autos to which the "insured" must submit a. Equipment designed primarily for: or does submit with our consent; or b. Any other alternative dispute resolu- (1) Snow removal; tion proceeding in which such dam- (2) Road maintenance, but not con- ages or "covered pollution costs or struction or resurfacing; or expenses" are claimed and to which (3) Street cleaning; the insured submits with our con- sent. b. Cherry pickers and similar devices mounted on automobile or truck O. "Temporary worker" means a person who is chassis and used to raise or lower furnished to you to substitute for a perma- workers; and nent "employee" on leave or to meet sea- sonal or short-term workload conditions. c. Air compressors, pumps and gener£tors, including spraying, weld- ing, building cleaning, geophysical exploration, lighting or well servicing equipment. However, "mobile equipment" does not in- clude land vehicles that are subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial respon- sibility law or other motor vehicle insurance law are considered "autos". CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 113 of 13 COMMERCIAL AUTO CA 01 43 05 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES For a covered "auto" licensed or principally garaged in, or "auto dealer operations" conducted in, Califor- nia, 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 are added to the Other Insur- b. The other provides coverage to a ance Condition in the Auto Dealers and Busi- person not engaged in that business; ness Auto Coverage Forms and the Other In- and T surance - Primary And Excess Insurance c. At the time of an "accident", an "in - Provisions Condition in the Motor Carrier sured" under the Coverage Form de - Coverage Form and supersede any provisions scribed in Paragraph 2.a. is operating - to the contrary: an "auto" owned by a person de- 1. When this Coverage Form and any other scribed in Paragraph 2.b., then the Coverage Form or policy providing liabil- Coverage Form issued to the busi- ity coverage apply to an "auto" and: ness described in Paragraph 2.a. is a. One provides coverage to a Named primary and the liability coverage is - Insured engaged in the business of sued to a person described in Para - selling, repairing, servicing, graph 2.b. is excess over any cover - delivering, testing or road-testing age available to the business. "autos"; and 3. When this Coverage Form and any other b. The other provides coverage to a Coverage Form or policy providing liabil- person not engaged in that business; ity coverage apply to a "commercial ve- and hicle" and: c. At the time of an "accident", a per- a. One provides coverage to a Named son described in Paragraph 1.b. is Insured, who in the course of busi- operating an "auto" owned by the ness, rents or leases "commercial business described in Paragraph 1.a., vehicles" without operators; and then that person's liability coverage b. The other provides coverage to a is primary and the Coverage Form is- person other than as described in n sued to a business described in Para- 0 Paragraph 3.a.; and graph 1.a. is excess over any cover- c. At the time of an "accident", a per - age available to that person. son who is not the Named Insured of 2. When this Coverage Form and any other the Policy described in Paragraph " Coverage Form or policy providing liabil- 3.a., and who is not the agent or ity coverage apply to an "auto" and: "employee" of such Named Insured, a. One provides coverage to a Named is operating a "commercial vehicle" Insured engaged in the business of provided by the business covered by selling, repairing, servicing, the Coverage Form or policy de - delivering, testing or road-testing scribed in Paragraph 3.a., then the li- "autos"; and ability coverage provided by the Cov- erage Form or policy described in Paragraph 3.b. is primary, and the li- ability coverage provided by the Cov- erage Form or policy described in Paragraph 3.a. is excess over any coverage available to that person. CA 01 43 05 17 © Insurance Services Office, Inc., 2016 Page 1 of 2 q 4. Notwithstanding Paragraph A.3., when this Coverage Form and any other Cov- erage Form or policy providing liability coverage apply to a power unit and any connected "trailer" or "trailers" and: a. One provides coverage to a Named Insured engaged in the business of transporting property by "auto" for hire; and b. The other provides coverage to a Named Insured not engaged in that business; and c. At the time of an "accident", a power unit is being operated by a person in- sured under the Coverage Form or policy described in Paragraph 4.a., then that Coverage Form or policy is primary for both the power unit and any connected "trailer" or "trailers" and the Coverage Form or policy de- scribed in Paragraph 4.b, is excess over any other coverage available to such power unit and attached "trail- er" or "trailers". B. As used in this endorsement: "Commercial vehicle" means an "auto" sub- ject to registration or identification under California law which is: 1. Used or maintained for the transportation of persons for hire, compensation or profit; 2. Designed, used or maintained primarily for the transportation of property; or 3. Leased for a period of six months or more. Page 2 of 2 © Insurance Services Office, Inc., 2016 CA 01 43 05 17 COMMERCIAL AUTO CA 04 24 04 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA AUTO MEDICAL PAYMENTS COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. Coverage 4. "Bodily injury" to your "employee" aris- We will pay reasonable expenses incurred for ing out of and in the course of employ - necessary medical and funeral services to or ment by you. However, we will cover —'� for an "insured" who sustains "bodily injury" �— "bodily injury" to your domestic "em- caused by "accident". We will pay only those ployees" if not entitled to workers' com- a expenses incurred, for services rendered ensation benefits. For the purposes of p p p within three years from the date of the "ac_ this endorsement, a domestic "employ- cident". ee" is a person engaged in household or domestic work performed principally in B. Who Is An Insured connection with a residence premises. 1. You while "occupying" or, while a pedes- 5. "Bodily injury" to an "insured" while trian, when struck by any "auto". e working in a business of selling, servic- " 2. If you are an individual, any "family ing, repairing or parking "autos" unless member" while "occupying" or, while a that business is yours. pedestrian, when struck by any "auto". 6. "Bodily injury" arising directly or indi- 3. Anyone else "occupying" a covered rectly out of: "auto" or a temporary substitute for a a. War, including undeclared or civil covered "auto". The covered "auto" war; must be out of service because of its breakdown, repair, servicing, loss or de- b. Warlike action by a military force, in- struction. cluding action in hindering or de- fending against an actual or expect- C. Exclusions ed attack, by any government, This insurance does not apply to any of the sovereign or other authority using following: military personnel or other agents; 1. "Bodily injury" sustained by an "in- or ° sured" while "occupying" a vehicle locat- c. Insurrection, rebellion, revolution, ed for use as a premises. usurped power, or action taken by 2. "Bodily injury" sustained by you or any governmental authority in hindering a "family member" while "occupying" or or defending against any of these. struck by any vehicle (other than a cov- 7. "Bodily injury" to anyone using a vehicle ered "auto") owned by you or furnished without a reasonable belief that the per - or available for your regular use. son is entitled to do so. 3. "Bodily injury" sustained by any "family member" while "occupying" or struck by any vehicle (other than a covered "auto") owned by or furnished or available for the regular use of any "family member". CA 04 24 04 06 © ISO Properties, Inc., 2005 Page 1 of 2 N V 8. "Bodily injury" sustained by an "in- sured" while 'occupying" any covered "auto" while used in any professional racing or demolition contest or stunting activity, or while practicing for such con- test or activity. This insurance also does not apply to any "bodily injury" sus- tained by an "insured" while the "auto" is being prepared for such a contest or activity. D. Limit Of Insurance Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for "bodily injury" for each "in- sured" injured in any one "accident" is the Limit Of Insurance for Auto Medical Pay- ments Coverage shown in the Declarations. No one will be entitled to receive duplicate payments for the same elements of 'loss" under this coverage and any Liability Cover- age Form, Uninsured Motorists Coverage En- dorsement or Underinsured Motorists Cover- age Endorsement attached to this Coverage Part. E. Changes In Conditions The Conditions are changed for Auto Medical Payments Coverage as follows: 1. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply. 2. The reference in Other Insurance in the Business Auto and Garage Coverage Forms and Other Insurance - Primary And Excess Insurance Provisions in the Truckers and Motor Carrier Coverage Forms to 'other collectible insurance" applies only to other collectible auto medical payments insurance. F. Additional Definitions As used in this endorsement: 1. "Family member" means a person relat- ed to you by blood, adoption, marriage or registered domestic partnership under California law, who is a resident of your household, including a ward or foster child. 2. "Occupying" means in, upon, getting in, on, out or off. CA 04 24 04 06 © ISO Properties, Inc., 2005 Page 2 of 2 N COMMERCIAL AUTO CA 04 25 05 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA INDIVIDUAL NAMED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. If you are an individual, the policy is changed as follows: A. Changes In Liability Coverage 1. The Fellow Employee Exclusion does not apply to "bodily injury" to you or any "family member's" fellow "employees". 2. Personal Auto Coverage If any "auto" you own of the "private passenger type" is a covered "auto" un- der Liability Coverage: a. The following is added to Who Is An Insured: "Family members" are "insureds" for any covered "auto" you own of the "private passenger type" and any other "auto" described in Paragraph 2.b. of this endorsement. b. Any "auto" you don't own is a cov- ered "auto" while being used by you or by any "family member" except: (1) Any "auto" owned by any "fam- ily members". (2) Any "auto" furnished or avail- able for your or any "family member's" regular use. (3) Any "auto" used by you or by any of your "family members" while working in a business of selling, servicing, repairing or parking "autos". (4) Any "auto" other than an "auto" of the "private passenger type" used by you or any of your "fam- ily members" while working in any other business or occupa- tion. c. The Pollution Exclusion and, if for- ming a part of the policy, the Nuclear Energy Liability Exclusion (Broad Form), does not apply to any covered "auto" of the "private passenger type d. The following exclusion is added and applies only to "private passenger type" covered "autos": This insurance does not apply to: "Bodily injury" or "property dam- age" for which an "insured" under the policy is also an "insured" under a nuclear energy liability policy or would be an "insured" but for its ter- mination upon its exhaustion of its limit of liability. A nuclear energy li- ability policy is a policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or any of their successors. This exclusion does not apply to "autos" registered or princi- pally garaged in New York. B. Changes In Physical Damage PERSONAL AUTO COVERAGE If any "auto" you own of the "private pas- senger type" is a covered "auto" under Phys- ical Damage Coverage, a "non -owned auto" will also be considered a covered "auto". However, the most we will pay for "loss" to a "non -owned auto" which is a "trailer" is $500. CA 04 25 05 07 © ISO Properties, Inc., 2006 Page 1 of 2 4 C. Additional Definitions As used in this endorsement: 1. "Family member" means a person relat- ed to you by blood, adoption, marriage or registered domestic partnership under California law, who is a resident of your household, including a ward or foster child. 2. The words "you" and "your" include your spouse if a resident of the same household except for notice of cancella- tion. 3. When the phrase "private passenger type" appears in quotation marks it in- cludes any covered "auto" you own of the pickup or van type not used for busi- ness purposes, other than farming or ranching. 4. "Non -owned auto" means any "private passenger type" "auto", pickup, van or "trailer" not owned by or furnished or available for the regular use of you or any "family member", while it is in the cus- tody of or being operated by you or any "family member". CA 04 25 05 07 © ISO Properties, Inc., 2006 Page 2 of 2 h N COMMERCIAL AUTO CA 23 45 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PUBLIC OR LIVERY PASSENGER CONVEYANCE AND ON -DEMAND DELIVERY SERVICES EXCLUSION 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. Changes In Covered Autos Liability Cov- erage The following exclusion is added: Public Or Livery Passenger Conveyance And On -demand Delivery Services This insurance does not apply to any cov- ered "auto" while being used: 1. As a public or livery conveyance for passengers. This includes, but is not limited to, any period of time a covered "auto" is being used by an "insured" who is logged into a "transportation network platform" as a driver, whether or not a passenger is 'occupying" the covered "auto"; or 2. By an "insured" who is logged into a "transportation network platform" or "delivery network platform" as a driver to provide "delivery services", whether or not the goods, items or products to be delivered are in the covered "auto". B. Changes In Physical Damage Coverage The following exclusion is added: We will not pay for "loss" to any covered "autos" while being used: 1. As a public or livery conveyance for passengers. This includes, but is not limited to, any period of time a covered "auto" is being used by an "insured" who is logged into a "transportation network platform" as a driver, whether or not a passenger is 'occupying" the covered "auto"; or 2. By an "insured" who is logged into a "transportation network platform" or "delivery network platform" as a driver to provide "delivery services", whether or not the goods, items or products to be delivered are in the covered "auto". C. Changes In Auto Medical Payments If Auto Medical Payments Coverage is at- tached, then the following exclusion is added: Public Or Livery Passenger Conveyance and On -demand Delivery Services This insurance does not apply to: "Bodily injury" sustained by an "insured" "occupying" a covered "auto" while it is being used: 1. As a public or livery conveyance for passengers. This includes, but is not limited to, any period of time a covered "auto" is being used by an "insured" who is logged into a "transportation network platform" as a driver, whether or not a passenger is 'occupying" the covered "auto"; or 2. By an "insured" who is logged into a "transportation network platform" or "delivery network platform" as a driver to provide "delivery services", whether or not the goods, items or products to be delivered are in the covered "auto". D. Changes In Uninsured And/Or Underinsured Motorists Coverage 1. If Uninsured and/or Underinsured Mo- torists Coverage is attached, and: a. Contains, in whole or in part, a public or livery exclusion, then the following exclusion in Paragraph 2. does not apply. CA 23 45 11 16 © Insurance Services Office, Inc., 2016 Page 1 of 2 E. b. Does not contain a public or livery not limited to, any period of time a exclusion, then the following exclu- covered "auto" is being used by an sion in Paragraph 2. is added. "insured" who is logged into a 2. Public Or Livery Passenger Conveyance "transportation network platform" And On- demand Delivery Services as a driver, whether or not a pas- senger is "occupying" the covered This insurance does not apply to any "auto"; or covered "auto" while being used: b. By an "insured" who is logged into a. As a public or livery conveyance for a "transportation network platform" passengers. This includes, but is or "delivery network platform" as a not limited to, any period of time a driver to provide "delivery ser- covered "auto" is being used by an vices", whether or not the goods, "insured" who is logged into a items or products to be delivered "transportation network platform" are in the covered "auto". as a driver, whether or not a pas- senger is "occupying" the covered F. Additional Definitions "auto"; or As used in this endorsement: b. By an "insured" who is logged into 1. "Delivery network platform" means an a "transportation network platform" online- enabled application or digital or "delivery network platform" as a network, used to connect customers: driver to provide "delivery ser- a. With drivers; or vices", whether or not the goods, items or products to be delivered b. With local vendors using drivers; are in the covered "auto". for the purpose of providing prear- Changes In Personal Injury Protection Cov- ranged "delivery services" for compen- erage sation. A "delivery network platform" does not include a "transportation net- t. If Personal Injury Protection, no-fault or work platform". other similar coverage is attached, and: 2. "Delivery services" includes courier ser- a. Contains, in whole or in part, a vices. public or livery exclusion, then the following exclusion in Paragraph 2. 3. "Occupying" means in, upon, getting in, does not apply. d on, out or off. b. Does not contain a public or livery 4. "Transportation network platform" exclusion, then the following exclu- means an online- enabled application or sion in Paragraph 2. is added. digital network used to connect passen- gers with drivers using vehicles for the 2. Public Or Livery Passenger Conveyance purpose of providing prearranged trans- portation services for compensation. This insurance does not apply to any covered "auto" while being used: a. As a public or livery conveyance for passengers. This includes, but is Page 2 of 2 © Insurance Services Office, Inc., 2016 CA 23 45 11 16 COMMERCIAL AUTO CA 23 84 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF TERRORISM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM SINGLE INTEREST AUTOMOBILE PHYSICAL DAMAGE INSURANCE POLICY TRUCKERS COVERAGE FORM 2. "Any injury, damage, loss or expense" With respect to coverage provided by this en- means any injury, damage, loss or ex- " dorsement, the provisions of the Coverage Form pense covered under any Coverage Form apply unless modified by the endorsement. or Policy to which this endorsement is A. The following definitions are added and apply applicable, and includes but is not limited under this endorsement wherever the term to "bodily injury", "property damage", terrorism, or the phrase any injury, damage, "personal injury", "personal and adver- loss or expense, are enclosed in quotation tising injury", "loss", loss of use, rental marks: reimbursement after "loss" or "covered 1. "Terrorism" means activities against per- pollution cost or expense", as may be de - sons, organizations or property of any na- fined under this Coverage Form, Policy or ture: any applicable endorsement. a. That involve the following or prep- B. Except with respect to Physical Damage Cov- " aration for the following: erage, Trailer Interchange Coverage, (1) Use or threat of force or Garagekeepers Coverage, Garagekeepers violence; or Coverage . Customers' Sound Receiving Equipment or the Single Interest Automobile (2) Commission or threat of a dan- Physical Damage Insurance Policy, the fol- gerous act; or lowing exclusion is added: (3) Commission or threat of an act EXCLUSION OF TERRORISM that interferes with or disrupts an electronic, communication, We will not pay for "any injury, damage, loss infor infoinformation, or mechanical sys- or expense" caused directly or indirectly by and "terrorism", including action in hindering or defending against an actual or expected in- b. When one or both of the following cident of "terrorism". "Any injury, damage, applies: loss or expense" is excluded regardless of (1) The effect is to intimidate or co- any other cause or event that contributes con- erce a government or the civilian currently or in any sequence to such injury, population or any segment damage, loss or expense. But this exclusion thereof, or to disrupt any seg- applies only when one or more of the follow - a ment of the economy; or ing are attributed to an incident of "terror- (2) It appears that the intent is to in- ism": timidate or coerce a govern- 1. The "terrorism" is carried out by means ment, or to further political, of the dispersal or application of radioac- ideological, religious, social or tive material, or through the use of a nu - economic objectives or to ex- clear weapon or device that involves or press (or express opposition to) produces a nuclear reaction, nuclear radi- a philosophy or ideology. ation or radioactive contamination; or CA 23 84 01 06 ©ISO Properties, Inc., 2004 Page 1 of 3 9 3. 4. 4 6. Radioactive material is released, and it C. With respect to Physical Damage Coverage, appears that one purpose of the "terror- Trailer Interchange Coverage, Garagekeepers ism" was to release such material; or Coverage, Garagekeepers Coverage . Cus- The "terrorism" is carried out by means tomers' Sound Receiving Equipment or the of the dispersal or application of patho- Single Interest Automobile Physical Damage genic or poisonous biological or chemi- Insurance Policy, the following exclusion is cal materials; or added: Pathogenic or poisonous biological or EXCLUSION OF TERRORISM chemical materials are released, and it We will not pay for any "loss", loss of use or appears that one purpose of the "terror- rental reimbursement after "loss" caused di - ism" was to release such materials; or rectly or indirectly by "terrorism", including The total of insured damage to all types action in hindering or defending against an of property exceeds $25,000,000. In de- actual or expected incident of "terrorism". termining whether the $25,000,000 But this exclusion applies only when one or threshold is exceeded, we will include all more of the following are attributed to an insured damage sustained by property of incident of "terrorism": all persons and entities affected by the 1. The "terrorism" is carried out by means "terrorism" and business interruption of the dispersal or application of radioac- losses sustained by owners or occupants tive material, or through the use of a nu - of the damaged property. For the purpose clear weapon or device that involves or of this provision, insured damage means produces a nuclear reaction, nuclear radi- damage that is covered by any insurance ation or radioactive contamination; or plus damage that would be covered by 2. Radioactive material is released, and it any insurance but for the application of appears that one purpose of the "terror - any terrorism exclusions; or ism" was to release such material; or Fifty or more persons sustain death or se- 3. The "terrorism" is carried out by means rious physical injury. For the purposes of of the dispersal or application of patho- this provision, serious physical injury genic or poisonous biological or chemi- means: cal materials; or a. Physical injury that involves a sub- 4. Pathogenic or poisonous biological or stantial risk of death; or chemical materials are released, and it b. Protracted and obvious physical dis- appears that one purpose of the "terror- figurement; or ism" was to release such materials; or c. Protracted loss of or impairment of 5. The total of insured damage to all types the function of a bodily member or of property exceeds $25,000,000. In de - organ. termining whether the $25,000,000 Multiple incidents of "terrorism" threshold is exceeded, we will include all which occur within a 72-hour period insured damage sustained by property of and appear to be carried out in con- all persons and entities affected by the cert or to have a related purpose or terrorism and business interruption common leadership will be deemed losses sustained by owners or occupants to be one incident, for the purpose of of the damaged property. For the purpose determining whether the thresholds of this provision, insured damage means in Paragraphs B.5. and B.6. are ex- damage that is covered by any insurance ceeded. plus damage that would be covered by With respect to this Exclusion, Para- any insurance but for the application of graphs B.S. and B.6. describe the any terrorism exclusions. thresholds used to measure the mag- Multiple incidents of "terrorism" which occur nitude of an incident of "terrorism" within a 72-hour period and appear to be car - and the circumstances in which the ried out in concert or to have a related pur- threshold will apply, for the purpose pose or common leadership will be deemed of determining whether this Exclu- to be one incident, for the purpose of deter- sion will apply to that incident. When mining whether the threshold in Paragraph the Exclusion applies to an incident C.S. is exceeded. of "terrorism", there is no coverage under this Coverage Form, Policy or any applicable endorsement. CA 23 84 01 06 ©ISO Properties, Inc., 2004 Page 2 of 3 With respect to this Exclusion, Paragraph C.S. describes the threshold used to measure the magnitude of an incident of "terrorism" and the circumstances in which the threshold will apply, for the purpose of determining wheth- er this Exclusion will apply to that incident. When the Exclusion applies to an incident of "terrorism", there is no coverage under this Coverage Form, Policy or any applicable en- dorsement. D. In the event of any incident of "terrorism" that is not subject to the Exclusion in Para- graphs B. or C., coverage does not apply to "any injury, damage, loss or expense" that is otherwise excluded under this Coverage Form, Policy or any applicable endorsement. CA 23 84 01 06 ©ISO Properties, Inc., 2004 Page 3 of 3 COMMERCIAL AUTO CA 23 86 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF TERRORISM ABOVE MINIMUM STATUTORY LIMITS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM SINGLE INTEREST AUTOMOBILE PHYSICAL DAMAGE INSURANCE POLICY TRUCKERS COVERAGE FORM With respect to coverage provided by this en- 2. "Any injury, damage, loss or expense" dorsement, the provisions of the Coverage Form means any injury, damage, loss or ex - apply unless modified by the endorsement. pense covered under any Coverage Form A. The following definitions are added and apply or Policy to which this endorsement is under this endorsement wherever the term applicable, and includes but is not limited terrorism, or the phrase any injury, damage, to "bodily injury", "property damage", loss or expense, are enclosed in quotation "personal injury", "personal and adver- marks: tising injury", "loss", loss of use, rental 1. "Terrorism" means activities against per- reimbursement after "loss" or "covered sons, organizations or property of any na- pollution cost or expense", as may be de- ture: fined under this Coverage Form, Policy or any applicable endorsement. a. That involve the following or prep- B. Except with respect to Physical Damage Cov- erage, Trailer Interchange Coverage, (1) Use or threat of force or Garagekeepers Coverage, Garagekeepers violence; or Coverage . Customers' Sound Receiving (2) Commission or threat of a dan- Equipment or the Single Interest Automobile gerous act; or Physical Damage Insurance Policy, the fol- (3) Commission or threat of an act lowing exclusion is added: that interferes with or disrupts EXCLUSION OF TERRORISM an electronic, communication, We will not pay for "any injury, damage, loss information, or mechanical sys- or expense" caused directly or indirectly by tem; and "terrorism", including action in hindering or b. When one or both of the following defending against an actual or expected in - applies: cident of "terrorism". "Any injury, damage, (1) The effect is to intimidate or co- loss or expense" is excluded, regardless of erce a government or the civilian any other cause or event that contributes con - population or any segment currently or in any sequence to such injury, thereof, or to disrupt any seg- damage, loss or expense. But this exclusion ment of the economy; or applies only when one or more of the follow- (2) It appears that the intent is to in- ing are attributed to an incident of "terror- timidate or coerce a govern- ism": ment, or to further po- litical, 1. The "terrorism" is carried out by means ideological, religious, social or of the dispersal or application of radioac- economic objectives or to ex- tive material, or through the use of a nu - press (or express opposition to) clear weapon or device that involves or a philosophy or ideology. produces a nuclear reaction, nuclear radi- ation or radioactive contamination; or CA 23 86 01 06 © ISO Properties, Inc., 2004 Page 1 of 3 2. Radioactive material is released, and it However, with respect to Liability and Per - appears that one purpose of the "terror- sonal Injury Protection Coverage, if applica- ism" was to release such material; or ble, this Exclusion applies only to the extent 3. The "terrorism" is carried out by means that the limit of such coverage exceeds the of the dispersal or application of patho- state compulsory or financial responsibility genic or poisonous biological or chemi- law minimum limits for each coverage. cal materials; or With respect to Uninsured and/or 4. Pathogenic or poisonous biological or Underinsured Motorists Coverage, if applica- chemical materials are released, and it ble, this Exclusion applies only to the extent appears that one purpose of the "terror- that the limit of such coverage exceeds the ism" was to release such materials; or minimum statutory permitted limits for Unin- 5. The total of insured damage to all types sured and/or Underinsured Motorists Cover - of property exceeds $25,000,000. In de- age. Those limits are equal to the minimum termining whether the $25,000,000 limit permitted for Liability Coverage. _ threshold is exceeded, we will include all C. With respect to Physical Damage Coverage, insured damage sustained by property of Trailer Interchange Coverage, Garagekeepers all persons and entities affected by the Coverage, Garagekeepers Coverage . Cus- "terrorism" and business interruption tomers' Sound Receiving Equipment or the losses sustained by owners or occupants Single Interest Automobile Physical Damage �-- of the damaged property. For the purpose Insurance Policy, the following exclusion is of this provision, insured damage means added: damage that is covered by any insurance EXCLUSION OF TERRORISM plus damage that would be covered by We will not pay for any "loss", loss of use or any insurance but for the application of rental reimbursement after "loss" caused di - any terrorism exclusions; or rectly or indirectly by "terrorism", including 6. Fifty or more persons sustain death or se- action in hindering or defending against an " rious physical injury. For the purposes of actual or expected incident of "terrorism". this provision, serious physical injury But this exclusion applies only when one or means: more of the following are attributed to an a. Physical injury that involves a sub- incident of "terrorism": stantial risk of death; or 1. The "terrorism" is carried out by means b. Protracted and obvious physical dis- of the dispersal or application of radioac- figurement; or tive material, or through the use of a nu- c. Protracted loss of or impairment of clear weapon or device that involves or the function of a bodily member or produces a nuclear reaction, nuclear radi- ation or radioactive contamination; or organ. Multiple incidents of "terrorism" which occur 2. Radioactive material is released, and it within a 72-hour period and appear to be car- appears that one purpose of the "terror- ried out in concert or to have a related pur- ism" was to release such material; or o pose or common leadership will be deemed 3. The "terrorism" is carried out by means to be one incident, for the purpose of deter- of the dispersal or application of patho- mining whether the thresholds in Paragraphs genic or poisonous biological or chemi- B.5. and B.6. are exceeded. cal materials; or With respect to this Exclusion, Paragraphs 4. Pathogenic or poisonous biological or B.5. and B.6. describe the thresholds used to chemical materials are released, and it measure the magnitude of an incident of "ter- appears that one purpose of the "terror- rorism" and the circumstances in which the ism" was to release such materials; or threshold will apply, for the purpose of deter- mining whether this Exclusion will apply to that incident. When the Exclusion applies to an incident of "terrorism", there is no cov- erage under this Coverage Form, Policy or any applicable endorsement. CA 23 86 01 06 © ISO Properties, Inc., 2004 Page 2 of 3 5. The total of insured damage to all types of property exceeds $25,000,000. In de- termining whether the $25,000,000 threshold is exceeded, we will include all insured damage sustained by property of all persons and entities affected by the "terrorism" and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision, insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions. Multiple incidents of "terrorism" which occur within a 72-hour period and appear to be car- ried out in concert or to have a related pur- pose or common leadership will be deemed to be one incident, for the purpose of deter- mining whether the threshold in Paragraph C.S. is exceeded. With respect to this Exclusion, Paragraph C.S. describes the threshold used to measure the magnitude of an incident of "terrorism" and the circumstances in which the threshold will apply, for the purpose of determining wheth- er this Exclusion will apply to that incident. When the Exclusion applies to an incident of "terrorism", there is no coverage under this Coverage Form, Policy or any applicable en- dorsement. D. In the event of any incident of "terrorism" that is not subject to the Exclusion in Para- graphs B. or C., coverage does not apply to "any injury, damage, loss or expense" that is otherwise excluded under this Coverage Form, Policy or any applicable en- dorsement. CA 23 86 01 06 © ISO Properties, Inc., 2004 Page 3 of 3 COMMERCIAL AUTO CA 23 88 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ALASKA EXCLUSION OF TERRORISM ABOVE MINIMUM STATUTORY LIMITS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM SINGLE INTEREST AUTOMOBILE PHYSICAL DAMAGE INSURANCE POLICY TRUCKERS COVERAGE FORM With respect to coverage provided by this en- dorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following definitions are added and apply under this endorsement wherever the term terrorism, or the phrase any injury, damage, loss or expense, are enclosed in quotation marks: 1. "Terrorism" means activities against per- sons, organizations or property of any na- ture: a. That involve the following or prep- aration for the following: (1) Use or threat of force or violence; or (2) Commission or threat of a dan- gerous act; or (3) Commission or threat of an act that interferes with or disrupts an electronic, communication, information, or mechanical sys- tem; and b. When one or both of the following applies: (1) The effect is to intimidate or co- erce a government or the civilian population or any segment thereof, or to disrupt any seg- ment of the economy; or (2) It appears that the intent is to in- timidate or coerce a govern- ment, or to further political, ideological, religious, social or economic objectives or to ex- press (or express opposition to) a philosophy or ideology. 2. "Any injury, damage, loss or expense" means any injury, damage, loss or ex- pense covered under any Coverage Form or Policy to which this endorsement is applicable, and includes but is not limited to "bodily injury", "property damage", "personal injury", "personal and adver- tising injury", "loss", loss of use, rental reimbursement after "loss" or "covered pollution cost or expense", as may be de- fined under this Coverage Form, Policy or any applicable endorsement. B. Except with respect to Physical Damage Cov- erage, Trailer Interchange Coverage, Garagekeepers Coverage, Garagekeepers Coverage - Customers' Sound Receiving Equipment or the Single Interest Automobile Physical Damage Insurance Policy, the fol- lowing exclusion is added: EXCLUSION OF TERRORISM We will not pay for "any injury, damage, loss or expense" caused by "terrorism", including action in hindering or defending against an actual or expected incident of "terrorism". But this exclusion applies only when one or more of the following are attributed to an incident of "terrorism": 1. The "terrorism" is carried out by means of the dispersal or application of radioac- tive material, or through the use of a nu- clear weapon or device that involves or produces a nuclear reaction, nuclear radi- ation or radioactive contamination; or CA 23 88 01 06 ©ISO Properties, Inc., 2004 Page 1 of 3 2. Radioactive material is released, and it However, with respect to Liability Coverage, appears that one purpose of the "terror- this Exclusion applies only to the extent that ism" was to release such material; or the limit of such coverage exceeds the state 3. The "terrorism" is carried out by means compulsory or financial responsibility law of the dispersal or application of patho- minimum limits. genic or poisonous biological or chemi- With respect to Uninsured and Underinsured cal materials; or Motorists Coverage, this Exclusion applies 4. Pathogenic or poisonous biological or only to the extent that the limit of such cov- chemical materials are released, and it erage exceeds the minimum statutory permit - appears that one purpose of the "terror- ted limits for Uninsured and Underinsured ism" was to release such materials; or Motorists Coverage. Those limits are equal to 5. The total of insured damage to all types the minimum limit permitted for Liability of property exceeds $25,000,000. In de- Coverage. termining whether the $25,000,000 C. With respect to Physical Damage Coverage, threshold is exceeded, we will include all Trailer Interchange Coverage, Garagekeepers insured damage sustained by property of Coverage, Garagekeepers Coverage - Cus- all persons and entities affected by the tomers' Sound Receiving Equipment or the "terrorism" and business interruption Single Interest Automobile Physical Damage losses sustained by owners or occupants Insurance Policy, the following exclusion is of the damaged property. For the purpose added: of this provision, insured damage means EXCLUSION OF TERRORISM damage that is covered by any insurance We will not pay for any "loss", loss of use or plus damage that would be covered by rental reimbursement after "loss" caused by any insurance but for the application of "terrorism", including action in hindering or any terrorism exclusions; or defending against an actual or expected in- 6. Fifty or more persons sustain death or se- cident of "terrorism". But this exclusion ap- rious physical injury. For the purposes of plies only when one or more of the following this provision, serious physical injury are attributed to an incident of "terrorism": means: 1. The "terrorism" is carried out by means a. Physical injury that involves a sub- of the dispersal or application of radioac- stantial risk of death; or tive material, or through the use of a nu- b. Protracted and obvious physical dis- clear weapon or device that involves or figurement; or produces a nuclear reaction, nuclear radi- c. Protracted loss of or impairment of ation or radioactive contamination; or the function of a bodily member or 2. Radioactive material is released, and it organ. appears that one purpose of the "terror - Multiple incidents of "terrorism" which occur ism" was to release such material; or within a 72-hour period and appear to be car- 3. The "terrorism" is carried out by means ried out in concert or to have a related pur- of the dispersal or application of patho- pose or common leadership will be deemed genic or poisonous biological or chemi- ^ to be one incident, for the purpose of deter- cal materials; or mining whether the thresholds in Paragraphs 4. Pathogenic or poisonous biological or B.S. and B.6. are exceeded. chemical materials are released, and it With respect to this Exclusion, Paragraphs appears that one purpose of the "terror- B.S. and B.6. describe the thresholds used to ism" was to release such materials; or measure the magnitude of an incident of "ter- rorism" and the circumstances in which the threshold will apply, for the purpose of deter- mining whether this Exclusion will apply to that incident. When the Exclusion applies to an incident of "terrorism", there is no cov- erage under this Coverage Form, Policy or any applicable endorsement. CA 23 88 01 06 ©ISO Properties, Inc., 2004 Page 2 of 3 5. The total of insured damage to all types of property exceeds $25,000,000. In de- termining whether the $25,000,000 threshold is exceeded, we will include all insured damage sustained by property of all persons and entities affected by the "terrorism" and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision, insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions. Multiple incidents of "terrorism" which occur within a 72-hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident, for the purpose of determining whether the threshold in Paragraph C.S. is exceeded. With respect to this Exclusion, Paragraph C.S. describes the threshold used to mea- sure the magnitude of an incident of "ter- rorism" and the circumstances in which the threshold will apply, for the purpose of determining whether this Exclusion will apply to that incident. When the Ex- clusion applies to an incident of "terror- ism", there is no coverage under this Coverage Form, Policy or any applicable endorsement. D. In the event of any incident of "terrorism" that is not subject to the Exclusion in Para- graphs B. or C., coverage does not apply to "any injury, damage, loss or expense" that is otherwise excluded under this Coverage Form, Policy or any applicable endorsement. CA 23 88 01 06 ©ISO Properties, Inc., 2004 Page 3 of 3 COMMERCIAL AUTO CA 23 92 01 06 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. WASHINGTON EXCLUSION OF TERRORISM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM SINGLE INTEREST AUTOMOBILE PHYSICAL DAMAGE INSURANCE POLICY TRUCKERS COVERAGE FORM With respect to coverage provided by this en- dorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following definitions are added and apply under this endorsement wherever the term terrorism, or the phrase any injury, damage, loss or expense, are enclosed in quotation marks: 1. "Terrorism" means activities against per- sons, organizations or property of any na- ture: a. That involve the following or prep- aration for the following: (1) Use or threat of force or violence; or (2) Commission or threat of a dan- gerous act; or (3) Commission or threat of an act that interferes with or disrupts an electronic, communication, information, or mechanical sys- tem; and b. When one or both of the following applies: (1) The effect is to intimidate or co- erce a government or the civilian population or any segment thereof, or to disrupt any seg- ment of the economy; or (2) It appears that the intent is to in- timidate or coerce a govern- ment, or to further political, ideological, religious, social or economic objectives or to ex- press (or express opposition to) a philosophy or ideology. 2. "Any injury, damage, loss or expense" means any injury, damage, loss or ex- pense covered under any Coverage Form or Policy to which this endorsement is applicable, and includes but is not limited to "bodily injury", "property damage", "personal injury", "personal and adver- tising injury", "loss", loss of use, rental reimbursement after "loss" or "covered pollution cost or expense", as may be de- fined under this Coverage Form, Policy or any applicable endorsement. B. Except with respect to Physical Damage Cov- erage, Trailer Interchange Coverage, Garagekeepers Coverage, Garagekeepers Coverage . Customers' Sound Receiving Equipment or the Single Interest Automobile Physical Damage Insurance Policy, the fol- lowing exclusion is added: EXCLUSION OF TERRORISM We will not pay for "any injury, damage, loss or expense" caused directly or indirectly by "terrorism", including action in hindering or defending against an actual or expected in- cident of "terrorism". But this exclusion ap- plies only when one or more of the following are attributed to an incident of "terrorism": 1. The "terrorism" is carried out by means of the dispersal or application of radioac- tive material, or through the use of a nu- clear weapon or device that involves or produces a nuclear reaction, nuclear radi- ation or radioactive contamination; or 2. Radioactive material is released, and it appears that one purpose of the "terror- ism" was to release such material; or CA 23 92 01 06 o ISO Properties, Inc., 2004 Page 1 of 3 3. The "terrorism" is carried out by means C. With respect to Physical Damage Coverage, of the dispersal or application of patho- Trailer Interchange Coverage, Garagekeepers genic or poisonous biological or chemi- Coverage, Garagekeepers Coverage . Cus- cal materials; or tomers' Sound Receiving Equipment or the 4. Pathogenic or poisonous biological or Single Interest Automobile Physical Damage chemical materials are released, and it Insurance Policy, the following exclusion is appears that one purpose of the "terror- added: ism" was to release such materials; or EXCLUSION OF TERRORISM 5. The total of insured damage to all types We will not pay for any "loss", loss of use or of property exceeds $25,000,000. In de- rental reimbursement after "loss" caused di- termining whether the $25,000,000 rectly or indi-rectly by "terrorism", including threshold is exceeded, we will include all action in hindering or defending against an insured damage sustained by property of actual or expected incident of "terrorism". all persons and entities affected by the But this exclusion applies only when one or "terrorism" and business interruption more of the following are attributed to an losses sustained by owners or occupants incident of "terrorism": —� of the damaged property. For the purpose 1. The "terrorism" is carried out by means of this provision, insured damage means of the dispersal or application of radioac- damage that is covered by any insurance tive material, or through the use of a nu - plus damage that would be covered by clear weapon or device that involves or any insurance but for the application of produces a nuclear reaction, nuclear radi- any terrorism exclusions; or ation or radioactive contamination; or 6. Fifty or more persons sustain death or se- 2. Radioactive material is released, and it rious physical injury. For the purposes of appears that one purpose of the "terror - this provision, serious physical injury ism" was to release such material; or means: 3. The "terrorism" is carried out by means a. Physical injury that involves a sub- of the dispersal or application of patho- stantial risk of death; or genic or poisonous biological or chemi- b. Protracted and obvious physical dis- cal materials; or figurement; or 4. Pathogenic or poisonous biological or c. Protracted loss of or impairment of chemical materials are released, and it the function of a bodily member or appears that one purpose of the "terror - organ. ism" was to release such materials; or Multiple incidents of "terrorism" which occur 5. The total of insured damage to all types within a 72-hour period and appear to be car- of property exceeds $25,000,000. In de- ried out in concert or to have a related pur- termining whether the $25,000,000 pose or common leadership will be deemed threshold is exceeded, we will include all to be one incident, for the purpose of deter- insured damage sustained by property of mining whether the thresholds in Paragraphs all persons and entities affected by the B.5. and B.6. are exceeded. "terrorism" and business interruption ° With respect to this Exclusion, Paragraphs losses sustained by owners or occupants B.S. and B.6. describe the thresholds used to of the damaged property. For the purpose measure the magnitude of an incident of "ter- of this provision, insured damage means ° rorism" and the circumstances in which the damage that is covered by any insurance threshold will apply, for the purpose of deter- plus damage that would be covered by mining whether this Exclusion will apply to any insurance but for the application of that incident. When the Exclusion applies to any terrorism exclusions. an incident of "terrorism", there is no cov- erage under this Coverage Form, Policy or any applicable endorsement. CA 23 92 01 06 © ISO Properties, Inc., 2004 Page 2 of 3 Multiple incidents of "terrorism" which occur within a 72-hour period and appear to be car- ried out in concert or to have a related pur- pose or common leadership will be deemed to be one incident, for the purpose of deter- mining whether the threshold in Paragraph C.S. is exceeded. With respect to this Exclusion, Paragraph C.S. describes the threshold used to measure the magnitude of an incident of "terrorism" and the circumstances in which the threshold will apply, for the purpose of determining wheth- er this Exclusion will apply to that incident. When the Exclusion applies to an incident of "terrorism", there is no coverage under this Coverage Form, Policy or any applicable en- dorsement. D. In the event of any incident of "terrorism" that is not subject to the Exclusion in Para- graphs B. or C., coverage does not apply to "any injury, damage, loss or expense" that is otherwise excluded under this Coverage Form, Policy or any applicable endorsement. CA 23 92 01 06 © ISO Properties, Inc., 2004 Page 3 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. N TEMPORARY SUBSTITUTE AUTO -PHYSICAL DAMAGE INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. If Physical Damage Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction. CA 85 47 12 93 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RECREATIONAL TRAILERS AND BOAT TRAILERS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. CERTAIN TRAILERS, MOBILE EQUIPMENT AND TEMPORARY SUBSTITUTE AUTOS of SECTION I - COVERED AUTOS is amended by the addition of the following: 4. Recreational trailers and boat trailers designed for use with an auto of the private passenger type provided the trailers are not used for business purposes. CA 85 53 12 93 Page 1 of 1 COMMERCIAL AUTO CA 88 10 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGEINDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 �. ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 19 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 22 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 23 EXTRA EXPENSE -BROADENED COVERAGE 10 GLASS REPAIR - WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN / LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 20 SECTION II - LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II - LIABILITY COVERAGE, paragraph A.I. - WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self -insured retention plan available to that organization; © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II - LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 7 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that _ coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: _^ (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V - DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. N 7. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis- abled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds. However, the labor must be performed at the place of disablement. n 0 8. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION III - PHYSICAL DAMAGE COVERAGE, is amend- ed to provide a limit of $50 per day and a maximum limit of $1,500 © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" avail- able for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE -BROADENED COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V -DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT 0 SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow- ing: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 7 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN / LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C. SECTION V - DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 15. GLASS REPAIR- WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to 'loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The 'loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION III PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller (or smallest) deductible it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group. SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident", claim, "suit" or 'loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 7 To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V - DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V - DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission, Page 7 of 7 IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. CANCELLATION D. INSPECTIONS AND SURVEYS 1. The first Named Insured shown in the 1. We have the right to: Declarations may cancel this policy by a. Make inspections and surveys at any mailing or delivering to us advance writ- time; ten notice of cancellation. b. Give you reports on the conditions 2. We may cancel this policy by mailing or we find; and delivering to the first Named Insured C. Recommend changes. written notice of cancellation at least: a. 10 days before the effective date of 2. We are not obligated to make any inspec- cancellation if we cancel for nonpay- tions, surveys, reports or recommenda- ment of premium; or tions and any such actions we do under- take relate only to insurability and the b. 30 days before the effective date of premiums to be charged. We do not cancellation if we cancel for any oth- make safety inspections. We do not un- er reason. dertake to perform the duty of any person 3. We will mail or deliver our notice to the or organization to provide for the health first Named Insured's last mailing ad- or safety of workers or the public. And we dress known to us. do not warrant that conditions: 4. Notice of cancellation will state the effec- a. Are safe or healthful; or tive date of cancellation. The policy pe- b. Comply with laws, regulations, riod will end on that date. codes or standards. 5. If this policy is cancelled, we will send 3. Paragraphs 1. and 2. of this condition ap- the first Named Insured any premium re- ply not only to us, but also to any rating, fund due. If we cancel, the refund will be advisory, rate service or similar organiza- pro rata. If the first Named Insured can- tion which makes insurance inspections, cels, the refund may be less than pro surveys, reports or recommendations. rata. The cancellation will be effective even if we have not made or offered a 4. Paragraph 2. of this condition does not refund. apply to any inspections, surveys, reports or recommendations we may make rela- 6. If notice is mailed, proof of mailing will tive to certification, under state or mu - be sufficient proof of notice. nicipal statutes, ordinances or regula- tions, of boilers, pressure vessels or B. CHANGES elevators. This policy contains all the agreements be- tween you and us concerning the insurance 0 E. PREMIUMS afforded. The first Named Insured shown in The first Named Insured shown in the Dec - the Declarations is authorized to make larations: changes in the terms of this policy with our 1. Is responsible for the payment of all pre - consent. This policy's terms can be amended or waived only by endorsement issued by us miums; and and made a part of this policy. 2. Will be the payee for any return premi- ums we pay. C. EXAMINATION OF YOUR BOOKS AND RECORDS F. TRANSFER OF YOUR RIGHTS AND DUTIES We may examine and audit your books and UNDER THIS POLICY records as they relate to this policy at any Your rights and duties under this policy may time during the policy period and up to three not be transferred without our written con - years afterward. sent except in the case of death of an individ- ual named insured. IL 00 17 11 98 Copyright, Insurance Services Office, Inc.,1998 Page 1 of 2 If you die, your rights and duties under this policy will be transferred to your legal repre- sentative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc.,1998 Page 2 of 2 IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: A. Under any Liability Coverage, to "bodily injury" or "property damage": (1) With respect to which an "insured" under the policy is also an insured under a nuclear energy liability poli- cy issued by Nuclear Energy Liabil- ity Insurance Association, Mutual Atomic Energy Liability Underwrit- ers, Nuclear Insurance Association of Canada or any of their succes- sors, or would be an insured under any such policy but for its termina- tion upon exhaustion of its limit of liability; or (2) Resulting from the "hazardous properties" of "nuclear material' and with respect to which (a) any person or organization is required to maintain financial protection pur- suant to the Atomic Energy Act of 1954, or any law amendatory there- of, or (b) the "insured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agree- ment entered into by the United States of America, or any agency thereof, with any person or organi- zation. B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "haz- ardous properties" of "nuclear materi- al' and arising out of the operation of a "nuclear facility" by any person or or- ganization. C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazardous properties" of "nuclear material', if: (1) The "nuclear material' (a) is at any "nuclear facility" owned by, or op- erated by or on behalf of, an "in- sured" or (b) has been discharged or dispersed therefrom; (2) The "nuclear material' is contained in "spent fuel' or "waste" at any time possessed, handled, used, pro- cessed, stored, transported or disposed of, by or on behalf of an "insured"; or IL 00 21 09 08 © ISO Properties, Inc., 2007 Page 1 of 2 (3) The "bodily injury" or "property "Nuclear facility" means: damage" arises out of the furnish- (a) Any "nuclear reactor"; ing by an "insured" of services, materials, parts or equipment in (b) Any equipment or device designed connection with the planning, con- or used for (1) separating the iso- struction, maintenance, operation or topes of uranium or plutonium, (2) use of any "nuclear facility", but if processing or utilizing "spent fuel", such facility is located within the or (3) handling, processing or pack - United States of America, its ter- aging "waste"; ritories or possessions or Canada, (c) Any equipment or device used for this exclusion (3) applies only to the processing, fabricating or ._ "property damage" to such "nucle- alloying of "special nuclear mate- ar facility" and any property rial" if at any time the total amount thereat. of such material in the custody of 2. As used in this endorsement: the "insured" at the premises where such equipment or device is —. "Hazardous properties" includes radioactive, located consists of or contains �— toxic or explosive properties. more than 25 grams of plutonium "Nuclear material" means "source materi- or uranium 233 or any combination al", "special nuclear material" or "by -prod- thereof, or more than 250 grams of uct material". uranium 235; "Source material", "special nuclear mate- (d) Any structure, basin, excavation, rial", and "by-product material" have the premises or place prepared or used meanings given them in the Atomic Energy for the storage or disposal of Act of 1954 or in any law amendatory there- "waste"; of. and includes the site on which any of the "Spent fuel" means any fuel element or fuel foregoing is located, all operations conduct - component, solid or liquid, which has been ed on such site and all premises used for used or exposed to radiation in a "nuclear such operations. reactor". "Nuclear reactor" means any apparatus de - "Waste" means any waste material (a) con- signed or used to sustain nuclear fission in taining "by-product material" other than the a self-supporting chain reaction or to con - tailings or wastes produced by the extrac- tain a critical mass of fissionable material. tion or concentration of uranium or thorium "Property damage" includes all forms of ra- from any ore processed primarily for its dioactive contamination of property. "source material" content, and (b) resulting from the operation by any person or or- ganization of any "nuclear facility" included under the first two paragraphs of the defini- tion of "nuclear facility". IL 00 21 09 08 © ISO Properties, Inc., 2007 Page 2 of 2 IL 02 70 09 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES -CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT -RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Common Policy Condition are replaced by the following: 2. All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured, at the mailing address shown in the poli- cy, and to the producer of record, ad- vance written notice of cancellation, stating the reason for cancellation, at least: a. 10 days before the effective date of cancellation if we cancel for: (1) Nonpayment of premium; or (2) Discovery of fraud by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. All Policies In Effect For More Than 60 Days a. If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may can- cel this policy only upon the occur- rence, after the effective date of the policy, of one or more of the fol- lowing: (1) Nonpayment of premium, in- cluding payment due on a prior policy we issued and due dur- ing the current policy term cov- ering the same risks. (2) Discovery of fraud or material misrepresentation by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. (3) A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. IL 02 70 09 12 © Insurance Services Office, Inc., 2012 Page 11 of 4 (4) Discovery of willful or grossly B. The following provision is added to the negligent acts or omissions, or Cancellation Common Policy Condition: of any violations of state laws 7. Residential Property or regulations establishing safe- This provision applies to coverage on ty standards, by you or your real property which is used predomi- representative, which materially nantly for residential purposes and con - increase any of the risks in- sisting of not more than four dwelling sured against. units, and to coverage on tenants' (5) Failure by you or your repre- household personal property in a resi- sentative to implement reason- dential unit, if such coverage is written able loss control requirements, under one of the following: agreed to by you as a condition Commercial Property Coverage Part of policy issuance, or which Farm Coverage Part - Farm Property - were conditions precedent to Farm Dwellings, Appurtenant Structures our use of a particular rate or And Household Personal Property Cov- ° rating plan, if that failure ma- erage Form terially increases any of the risks insured against. a. If such coverage has been in effect _ (6) A determination by the Com- for 60 days or less, and is not a missioner of Insurance that the: renewal of coverage we previously issued, we may cancel this cover - (a) Loss of, or changes in, our age for any reason, except as pro - reinsurance covering all or vided in b. and c. below. part of the risk would b. We may not cancel this policy sole - threaten threaten our financial integ- or solvency; or ly because the first Named Insured has: (b) Continuation of the policy coverage would: (1) Accepted an offer of earthquake (i) Place us in violation of coverage; or California law or the (2) Cancelled or did not renew a laws of the state where policy issued by the California we are domiciled; or Earthquake Authority (CEA) that included an earthquake policy (ii) Threaten our solvency. premium surcharge. (7) A change by you or your repre- However, we shall cancel this poli- sentative in the activities or cy if the first Named Insured has property of the commercial or accepted a new or renewal policy industrial enterprise, which re- issued by the CEA that includes an sults in a materially added, in- earthquake policy premium sur- creased or changed risk, unless charge but fails to pay the earth - the added, increased or quake policy premium surcharge changed risk is included in the authorized by the CEA. policy. c. We may not cancel such coverage o b. We will mail or deliver advance solely because corrosive soil condi- written notice of cancellation, stat- tions exist on the premises. This ing the reason for cancellation, to restriction (c.) applies only if cov- the first Named Insured, at the erage is subject to one of the fol- mailing address shown in the poli- lowing, which exclude loss or dam- cy, and to the producer of record, at age caused by or resulting from least: corrosive soil conditions: (1) 10 days before the effective (1) Commercial Property Coverage date of cancellation if we can- Part - Causes Of Loss - Special cel for nonpayment of premium Form; or or discovery of fraud; or (2) Farm Coverage Part -Causes Of (2) 30 days before the effective Loss Form - Farm Property, date of cancellation if we can- Paragraph D. Covered Causes cel for any other reason listed Of Loss - Special. in Paragraph 3.a. IL 02 70 09 12 © Insurance Services Office, Inc., 2012 Page 2 of 4 C. The following is added and supersedes any (2) The Commissioner of Insurance provisions to the contrary: finds that the exposure to po- Nonrenewal tential losses will threaten our 1. Subject to the provisions of Paragraphs solvency or place us in a haz- C.2. and C.3. below, if we elect not to ardous condition. A hazardous renew this policy, we will mail or de- condition includes, but is not liver written notice, stating the reason limited to, a condition in which for nonrenewal, to the first Named In- we make claims payments for sured shown in the Declarations, and to losses resulting from an earth - the producer of record, at least 60 days, quake that occurred within the but not more than 120 days, before the preceding two years and that expiration or anniversary date. required a reduction in We will mail or deliver our notice to the policyholder surplus of at least first Named Insured, and to the pro- 25% for payment of those ducer of record, at the mailing address claims; or shown in the policy. (3) We have: 2. Residential Property (a) Lost or experienced a sub- This provision applies to coverage on stantial reduction in the availability or scope of re - real property used predominantly for residential purposes and consisting of insurance coverage; or not more than four dwelling units, and (b) Experienced a substantial to coverage on tenants' household increase in the premium property contained in a residential unit, charged for reinsurance if such coverage is written under one of coverage of our residential the following: property insurance policies; Commercial Property Coverage Part and Farm Coverage Part - Farm Property - the Commissioner has ap- Farm Dwellings, Appurtenant Structures proved a plan for the And Household Personal Property Cov- nonrenewals that is fair and erage Form equitable, and that is respon- sive to the changes in our re - a. We may elect not to renew such insurance position. coverage for any reason, except as c. We will not refuse to renew such provided in b., c. and d. below. coverage solely because the first b. We will not refuse to renew such Named Insured has cancelled or did coverage solely because the first not renew a policy, issued by the Named Insured has accepted an of- California Earthquake Authority, fer of earthquake coverage. that included an earthquake policy However, the following applies only premium surcharge. to insurers who are associate par- d. We will not refuse to renew such ticipating insurers as established by coverage solely because corrosive Cal. Ins. Code Section 10089.16. We soil conditions exist on the prem- may elect not to renew such cov- ises. This restriction (d.) applies erage after the first Named Insured only if coverage is subject to one of has accepted an offer of earthquake the following, which exclude loss or coverage, if one or more of the fol- damage caused by or resulting lowing reasons applies: from corrosive soil conditions: (1) The nonrenewal is based on (1) Commercial Property Coverage sound underwriting principles Part - Causes Of Loss - Special that relate to the coverages Form; or provided by this policy and that (2) Farm Coverage Part -Causes Of are consistent with the ap- Loss Form - Farm Property, proved rating plan and related Paragraph D. Covered Causes documents filed with the De- partment of Insurance as re- quired by existing law; IL 02 70 09 12 © Insurance Services Office, Inc., 2012 Page 3 of 4 3. We are not required to send notice of d. If the policy is for a period of no nonrenewal in the following situations: more than 60 days and you are no - a. If the transfer or renewal of a poli- tified at the time of issuance that it cy, without any changes in terms, will not be renewed. conditions or rates, is between us e. If the first Named Insured requests and a member of our insurance a change in the terms or conditions group. or risks covered by the policy with- b. If the policy has been extended for in 60 days of the end of the policy 90 days or less, provided that no- period. tice has been given in accordance f. If we have made a written offer to with Paragraph C.1. the first Named Insured, in accor- c. If you have obtained replacement dance with the timeframes shown coverage, or if the first Named In- in Paragraph C.1., to renew the sured has agreed, in writing, within policy under changed terms or con- 60 days of the termination of the ditions or at an increased premium policy, to obtain that coverage. rate, when the increase exceeds 25%. IL 02 70 09 12 © Insurance Services Office, Inc., 2012 Page 4 of 4