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Insurance - F.M. Thomas Air Conditioning, Inc. 2017-12-27
FMTHOMA-01 SSNEDDON CERTIFICATE OF LIABILITY INSURANCE D12127/2017ATE Y) 12/27/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OD79613 C NTE CT Sharie Sneddon Bowermaster & Associates Insurance Agency, Inc. 10805 Holder Street, Suite 350 Cypress, CA 90630 PHC,NN., Ext 714 733-6251 F"" 1 ( ) ac, No): E-MA'E$$: ssneddon@bowermaster.com INSURERS AFFORDING COVERAGE NAIL # X INSURERA:Ohlo Casual Ins/ 24074 INSURED FM Thomas Air Conditioning, Inc. INSURER a: American Fire & Casualty Company." 24066 INSURER C:C ressInsCo/ 10855 INSURER D 231 Gemini Ave. Brea, CA 92821 MED EXP ry oneperson) $ 10,000 INSURER E INSURER F COVERAGES CERTIFICATF NIIMRFR- RFVtQInM MI IUDMO- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS. SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR TYPE OF INSURANCE ADDL INSD SUBR Me POLICY NUMBER POLICY EFF IMMJDDNYYY1 POLICY EXP IMMIDDAY"',LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE n OCCUR X BK056442082 04101(2017 04(0112018 EACH OCCURRENCE $ 1.000,000 DAMAGE TO RENTED 600,000 PREMISES Ea occurrence)$ MED EXP ry oneperson) $ 10,000 PERSONAL & ADV INJURY $ 11000,000 GENL AGGREGATE LIMIT APPLIES PER: POLICY X JECpT [::] LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPIOP AGI $ 2'000,000 $ OTHER' B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accitl_ent $ 1,000,000 BODILY INJURY IPerperson) $ X ANY AUTO OWNED SCHEDULED X BAA56442082 04/01/2017 04/01/2018 BODILY INJURY Per accident $ AUTOS ONLY AUTOS Parre id$ X AUTOS ONLY X AUTOSONLY B UMBRELLA LIA9X OCCUR EACH OCCURRENCE $ 4,000,000 X EXCESS LABCLAIMS-MADE ESA56442082 04/01/2017 04/01/2018. AGGREGATE $ 4,000,000 DED X I RETENTION$ D C WORKERS COMPENSATIONRS'LIILII ANOEMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? -NIA (Mandatory in Hill If yes describe under DESCRIPTION OF OPERATIONS below FMWC908584 01/01/2018 01/01/20181,000,000 X PER OTH- STATUTE ER E1. EACH ACCIDENT �$ E.L. DISEASE -EA EMPLOYEE $ 1,000,000 EL DISEASE -POLICY LIMIT ($ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) All Operations of Named Insured Costa Mesa Sanitary District, their elected and appointed officials, agents, officers, volunteers, and employees are Additional Insured as respects General Liability per and Automobile Liability per attached policy endorsement form; Primary and Non -Contributory wording applies. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Costa Mesa Sanitary District ^ ry^1 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 290 Paularino AvenueI(j, ACCORDANCE WITH THE POLICY PROVISIONS. Costa Mesa, CA 92626 v �V AUTHORIZED REPRESENTATIVE 4 AI UKU LO (LU"I OIUJI U 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: BKO56442082 COMMERCIAL GENERAL LIABILITY CG 20 12 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION -PERMITS OR AUTHORIZATIONS This�ndorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE —_ State Or Governmental Agency Or Subdivision Or Political Subdivision: —_ The Costa Mesa Sanitary District, It's elected and —_ appointed officials, agents, officers, volunteers and employees. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to 2. This insurance does not apply to: include as an additional insured any state or a. "Bodilyu , "property damage" injury", ry" governmental agency or subdivision or politi- or "personal and advertising injury" cal subdivision shown in the Schedule, sub- arising out of operations performed ject to the following provisions: for the federal government, state or 1. This insurance applies only with respect municipality; or to operations performed by you or on b. "Bodily injury" or "property dam - your behalf for which the state or gov- age" included within the "products- ernmental agency or subdivision or po- completed operations hazard". litical subdivision has issued a permit or B. authorization. With respect to the insurance afforded to these additional insureds, the following is However: added to Section III - Limits Of Insurance: a. The insurance afforded to such addi- If coverage provided to the additional insured tional insured only applies to the ex- is required by a contract or agreement, the tent permitted by law; and most we will pay on behalf of the additional b. If coverage provided to the addition- insured is the amount of insurance: al insured is required by a contract or 1. Required by the contract or agreement; agreement, the insurance afforded to or such additional insured will not be 2. Available under the applicable Limits of broader than that which you are re- Insurance shown in the Declarations; quired by the contract or agreement to provide for such additional in- whichever is less. sured. This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Dec- larations. CG 20 12 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT NON -OWNED AIRCRAFT NON -OWNED WATERCRAFT PROPERTY DAMAGE LIABILITY — ELEVATORS PAGE 2 2 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 3 ADDITIONAL INSUREDS — BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY — ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS — EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED — INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED — 6 FELLOW EMPLOYEE EXTENSION — MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US — 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 Of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I — Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot, and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY — ELEVATORS Under Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such '.property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV — Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance. 02013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. 2. Paragraph S. under Section III — Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection systems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I — Coverage C — Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 1. Under Supplementary Payments — Coverages A and B, Paragraph 1.1b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT Paragraph 2. under Section II — Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury', "property damage' or "personal and advertising injury' caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury' or "property damage' occurs, or the "personal and advertising injury' is committed, subsequent to the signing of such written contract or written agreement, or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury', "property damage", or "personal and advertising injury' arising out of the operations performed for the state or political subdivision, (2) This insurance does not apply to "bodily injury' or "property damage' included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures, or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law, and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV — Commercial General Liability Conditions. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance services Office, Inc., with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury' or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury' or "property damage" occurs. C. Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury' or "property damage", or the offense which caused the "personal and advertising injury', involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and C. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III — Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS I MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above, or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing professional health care personnel to others, or if coverage for providing professional health care services is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services office, Inc., with its permission. Page 6 of 8 Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury' caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employees" of yours. However, none of these "employees" are insureds for "bodily injury' or "personal and advertising injury' arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxication by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II - Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and C. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV — Commercial General Liability Conditions, the following is added to Condition 6. Representations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV — Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section 11— Who Is An Insured or a person who has been designated by them to receive reports of ,.occurrences', offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V — Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury' means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage' resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US — WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV — Commercial General Liability Conditions, the following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agreement. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance services Office, Inc., with its permission. Page 8 of 8 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 RECOVERY AGAINST OTHERS TO US 20 SECTION II — LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II — LIABILITY COVERAGE, paragraph A.1. —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 endorsement 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 related 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, paragraphs (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 earnings 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. 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 disabled: 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. 8. PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a., Coverage Extension of SECTION III — PHYSICAL DAMAGE COVERAGE, is amended 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 'buto" 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" available 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 SECTION III — PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the following: 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 coverage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclusions 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: 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 abnormal 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: 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 follows: 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 cancellation. © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance services Office, Inc., with its permission. Page 7 of 7 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. 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 Symbol Description Of Covered Auto Designation Symbols 1 An "Auto" 2 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 Only those "autos" you acquire ownership of after the policy begins. 3 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 4 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 garaged. 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" vou don't own while attached to any power 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 Symbol Description Of Covered Auto Designation S mbols 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 your business or your 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 Begins 1. If symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage in ITEM TWO of the Declarations, then you have cov- erage for "autos" that you acquire of the type described for the remainder of the policy period. 2. But, if symbol 7 is entered next to a coverage in ITEM TWO of the Declara- tions, an "auto" you acquire will be a covered "auto" for that coverage only if: a. We already cover all "autos" that you own for that coverage or it re- places an "auto" you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. C. Certain Trailers, Mobile Equipment And Tem- porary Substitute Autos If Liability Coverage is provided by this Cov- erage Form, the following types of vehicles are also covered "autos" for Liability Cov- erage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment" while being carried or towed by a covered "auto." 3. Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss": or e. Destruction SECTION II - LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, mainten- ance or use of a covered "auto." We will also pay all sums an "insured" le- gally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of cov- ered "autos." However, we will only pay for the "covered pollution cost or expense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident." We have the right and duty to defend any "insured" against a "suit" asking for such damages or a "covered pollution cost or ex- pense". However, we have no duty to defend any "insured" against a "suit" seeking dam- ages for "bodily injury" or "property dam- age" or a "covered pollution cost or expense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are "insureds": a. You for any covered "auto." b. Anyone else while using with your permission a covered "auto" you own, hire or borrow except: CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 2 of 13 (1) The owner or anyone else from (6) All interest on the full amount of whom you hire or borrow a cov- any judgment that accrues after ered "auto". This exception does entry of the judgment in any not apply if the covered "auto" "suit" against the "insured" we is a "trailer" connected to a cov- defend, but our duty to pay in- ered "auto" you own. terest ends when we have paid, (2) Your "employee" if the covered offered to pay or deposited in "auto" is owned by that "em- court the part of the judgment ployee" or a member of his or that is within our Limit of Insur- her household. ance. (3) Someone using a covered These payments will not reduce the "auto" while he or she is work- Limit of Insurance. ing in a business of selling, ser- b. Out of State Coverage Extensions. vicing, repairing, parking or storing "autos" unless that busi- While a covered "auto" is away from the state where it is licensed we will: ness is yours. (4) Anyone other than your "em- (1) Increase the Limit of Insurance ployees", partners (if you are a for Liability Coverage to meet partnership), members (if you the limits specified by a compul- are a limited liability company), sory or financial responsibility or a lessee or borrower or any of law of the jurisdiction where the their "employees", while moving covered "auto" is being used. property to or from a covered This extension does not apply to "auto". the limit or limits specified by (5) A partner (if you are a partner- any law governing motor carriers ship), or a member (if you are a of passengers or property. limited liability company), for a (2) Provide the minimum amounts covered "auto" owned by him or and types of other coverages, her or a member of his or her such as no-fault, required of out- household. of-state vehicles by the jurisdic- c. Anyone liable for the conduct of an tion where the covered "auto" is "insured" described above but only being used. to the extent of that liability. We will not pay anyone more than 2. Coverage Extensions once for the same elements of loss because of these extensions. a. Supplementary Payments. B. Exclusions We will pay for the "insured": This insurance does not apply to any of the (1) All expenses we incur. following: (2) Up to $2,000 for cost of bail 1. Expected Or Intended Injury bonds (including bonds for re- lated traffic law violations) re- "Bodily injury" or "property damage" ex- quired because of an "accident" pected or intended from the standpoint we cover. We do not have to of the "insured". furnish these bonds. 2. Contractual (3) The cost of bonds to release at- Liability assumed under any contract or tachments in any "suit" against agreement. the "insured" we defend, but only for bond amounts within But this exclusion does not apply to li- our Limit of Insurance. ability for damages: (4) All reasonable expenses incurred a. Assumed in a contract or agreement by the "insured" at our request, that is an "insured contract" pro- including actual loss of earnings vided the "bodily injury" or "prop- up to $250 a day because of erty damage" occurs subsequent to time off from work. the execution of the contract or agreement; or (5) All costs taxed against the "in- sured" in any "suit" against the "insured" we defend. CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 3 of 13 b. That the "insured" would have in the absence of the contract or agree- ment. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment com- pensation law or any similar law. 4. Employee Indemnification And Employ- er's Liability "Bodily injury" to: a. An "employee" of the "insured" arising out of and in the course of: (1) Employement by the "insured"; or (2) Performing the duties related to the conduct of the "insured's" business; or b. The spouse, child, parent, brother or sister of that "employee" as a con- sequence of Paragraph a. above. This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share dam- ages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily injury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract". For the purposes of the Coverage Form, a domestic "employee" is a person en- gaged in household or domestic work performed principally in connection with a residence premises. 5. Fellow Employee "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" em- ployment or while performing duties re- lated to the conduct of your business. 6. Care, Custody Or Control "Property damage" to or "covered pollution cost or expense" involving property owned or transported by the "insured" or in the "insured's" care, cus- tody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. Handling Of Property "Bodily injury" or "property damage" re- sulting from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for movement into or onto the cov- ered "auto"; or b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured". 8. Movement Of Property By Mechanical Device "Bodily injury" or "property damage" re- sulting from the movement of property by a mechanical device (other than a hand truck) unless the device is attached to the covered "auto". 9. Operations "Bodily injury" or "property damage" arising out of the operation of: a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mo- bile equipment" or b. Machinery or equipment that is on, attached to, or part of, a land vehicle that would qualify under the defini- tion of "mobile equipment" if it were not subject to a compulsory or finan- cial responsibility law or other motor vehicle insurance law where it is li- censed or principally garaged. 10. Completed Operations "Bodily injury" or "property damage" arising out of your work after that work has been completed or abandoned. In this exclusion, your work means: a. Work or operations performed by 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- Paragraph a. above does not apply to sentations made at any time with respect fuels, lubricants, fluids, exhaust gas - to the fitness, quality, durability or per- es or other similar "pollutants" that formance of any of the items included in are needed for or result from the Paragraphs a. or b. above. normal electrical, hydraulic or me - Your work will be deemed completed at chanical functioning of the covered the earliest of the following times: "auto" or its parts, if: (1) When all of the work called for in (1) The "pollutants" escape, seep, your contract has been completed. migrate, or are discharged, dis- persed or released directly from (2) When all of the work to be done at an "auto" part designed by its o the site has been completed if your manufacturer to hold, store, re - contract calls for work at more than — ceive or dispose of such "pollu- one site. tants"; and _= (3) When that part of the work done at a (2) The "bodily injury", "property job site has been put to its intended damage" or "covered pollution — use by any person or organization cost or expense" does not arise other than another contractor or sub- out of the operation of any = contractor working on the same pro- — pro- equipment listed in Paragraphs ject. 6.b. and 6.c. of the definition of Work that may need service, main- "mobile equipment". tenance, correction, repair or Paragraphs b. and c. above of this exclu- replacement, but which is otherwise sion do not apply to "accidents" that complete, will be treated as complet- occur away from premises owned by or ed. rented to an "insured" with respect to 11. Pollution "pollutants" not in or upon a covered "Bodily injury" or "property damage" "auto" if: arising out of the actual, alleged or (1) The "pollutants" or any property threatened discharge, dispersal, seepage, in which the "pollutants" are migration, release or escape of "pollu- contained are upset, overturned tants": or damaged as a result of the a. That are, or that are contained in any maintenance or use of a covered property that is: "auto"; and (1) Being transported or towed by, (2) The discharge, dispersal, seep - handled, or handled for move- age, migration, release or escape ment into, onto or from, the cov- of the "pollutants" is caused di- ered "auto"; rectly by such upset, overturn or damage. (2) Otherwise in the course of transit by or on behalf of the 12. War "insured"; or "Bodily injury", or "property_ damage" (3) Being stored, disposed of, treat arising directly or indirectly out of: ed or processed in or upon the a. War, including undeclared or civil covered "auto"; war; b. Before the "pollutants" or any prop- b. Warlike action by a military force, erty in which the "pollutants" are including action in hindering or de - contained are moved from the place fending against an actual or expect - where they are accepted by the "in- ed attack, by any government, sured" for movement into or onto sovereign or other authority using the covered "auto" or military personnel or other agents; c. After the "pollutants" or any prop- or erty in which the "pollutants" are c. Insurrection, rebellion, revolution, contained are moved from the cov- usurped power, or action taken by ered "auto" to the place where they governmental authority in hindering are finally delivered, disposed of or or defending against any of these. abandoned by the "insured". CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 5 of 13 13. Racing Covered "autos" while used in any pro- fessional or organized racing or demoli- tion contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. C. Limit Of 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 the total of all damages and "covered pollution cost or ex- pense" combined, resulting from any one "accident" is the Limit of Insurance for Liabil- ity Coverage shown in the Declarations. All "bodily injury," "property damage" and "covered pollution cost or expense" resulting from continuous or repeated exposure to substantially the same conditions will be con- sidered as resulting from one "accident". No one will be entitled to receive duplicate payments for the same elements of "loss" under this Coverage Form and any Medical Payments Coverage Endorsement, Uninsured Motorists Coverage Endorsement or Underin- sured Motorists Coverage Endorsement at- tached to this Coverage Part. SECTION III - PHYSICAL DAMAGE COVERAGE A. Coverage 1. We will pay for "loss" to a covered "auto" or its equipment under: a. Comprehensive Coverage. From any cause except: (1) The covered "auto's" collision with another object; or (2) The covered "auto's" overturn. b. Specified Causes of Loss Coverage. Caused by: (1) Fire, lightning or explosion; (2) Theft; (3) Windstorm, hail or earthquake; (4) Flood; (5) Mischief or vandalism; or (6) The sinking, burning, collision or derailment of any conveyance transporting the covered "auto". c. Collision Coverage. Caused by: (1) The covered "auto's" collision with another object; or 2. Towing We will pay up to the limit shown in the Declarations for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. 3. Glass Breakage - Hitting a Bird or Ani- mal - Falling Objects or Missiles. If you carry Comprehensive Coverage for the damaged covered "auto", we will pay for the following under Comprehen- sive Coverage: a. Glass breakage; b. "Loss" caused by hitting a bird or animal; and c. "Loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" collision or overturn considered a "loss" under Collision Coverage. 4. Coverage Extensions a. Transporation Expenses We will pay up to $20 per day to a maximum of $600 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private pas- senger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Speci- fied Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the poli- cy's expiration, when the covered "auto" is returned to use or we pay for its "loss". b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "in- sured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, un- der a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Com- prehensive Coverage is provided for any covered "auto"; (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 3. We will not pay for "loss" caused by or the Declarations indicate that resulting from any of the following un - Specified Causes Of Loss Cov- less caused by other "loss" that is cov- erage is provided for any cov- ered by this insurance: ered "auto; or a. Wear and tear, freezing, (3) Collision only if the Declarations mechanical or electrical break - indicate that Collision Coverage down. is provided for any covered "auto". b. Blowouts, punctures or other However, the most we will pay for road damage to tires. any expenses for loss of use is $20 4. We will not pay for "loss" to any of the =_ per day, to a maximum of $600. following: B. Exclusions a. Tapes, records, discs or other similar 1. We will not pay for "loss" caused by or audio, visual or data electronic de - resulting from any of the following. Such vices designed for use with audio, "loss" is excluded regardless of any oth- er cause or event that contributes con- b. Any device designed or used to de - currently or in any sequence to the tect speed measuring equipment —_ "loss". such as radar or laser detectors and a. Nuclear Hazard. any jamming apparatus intended to elude or disrupt speed measurement (1) The explosion of any weapon equipment. employing atomic fission or fu- c. Any electronic equipment, without sion; or regard to whether this equipment is (2) Nuclear reaction or radiation, or permanently installed, that receives radioactive contamination, how- or transmits audio, visual or data ever caused. signals and that is not designed sole - b. War or Military Action. ly for the reproduction of sound. (1) War, including undeclared or civ- d. Any accessories used with the elec- il war; tronic equipment described in Paragraph c. above. (2) Warlike action by a military force, including action in hinder- Exclusions 4.c. and 4.d. do not apply to: ing or defending against an ac- a. Equipment designed solely for the tual or expected attack, by any reproduction of sound and accesso- government, sovereign or other ries used with such equipment, pro - authority using military person- vided such equipment is nel or other agents; or permanently installed in the covered (3) Insurrection, rebellion, revolu- "auto" at the time of the "loss" or tion, usurped power or action such equipment is removable from a taken by governmental authority housing unit which is permanently in hindering or defending against installed in the covered "auto" at the any of these. time of the "loss", and such equip- t. We will not pay for "loss" to any cov- ment is designed to be solely op- ered "auto" while used in any profes- erated by use of the power from the "auto's" sional or organized racing or demolition electrical system, in or upon "auto", contest or stunting activity, or while the covered or practicing for such contest or activity. We b. Any other electronic equipment that will also not pay for "loss" to any cov- is: ered "auto" while that covered "auto" is (1) Necessary for the normal opera - being prepared for such a contest or ac- tion of the covered "auto" or the tivity. 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 housing any sound reproducing equipment described in a. above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for in- stallation of a radio. 5. We will not pay for "loss" to a covered "auto" due to "diminution in value". C. Limit Of Insurance 1. The most we will pay for "loss" in any one "accident" is the lesser of: a. The actual cash value of the damag- ed or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the damaged or stolen property with oth- er property of like kind and quality. 2. An adjustment for depreciation and phys- ical condition will be made in determining actual cash value in the event of a total "loss". 3. If a repair or replacement results in bet- ter than like kind or quality, we will not pay for the amount of the betterment. D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the ap- plicable deductible shown in the Declara- tions. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or light- ning. SECTION IV - BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions: A. Loss Conditions 1. Appraisal For Physical Damage Loss If you and we disagree on the amount of "loss", either may demand an appraisal of the "loss". In this event, each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The appraisers will state separately the actual cash value and amount of "loss". If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the ap- praisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. 2. Duties In The Event Of Accident, Claim, Suit Or Loss We have no duty to provide coverage under this policy unless there has been full compliance with the following duties: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident" or "loss". Include: (1) How, when and where the "ac- cident" or "loss" occurred; (2) The "insured's" name and ad- dress; and (3) To the extent possible, the names and addresses of any in- jured persons and witnesses. b. Additionally, you and any other in- volved "insured" must: (1) Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's" own cost. (2) Immediately send us copies of any request, demand, order, no- tice, summons or legal paper re- ceived concerning the claim or "suit". (3) Cooperate with us in the inves- tigation or settlement of the claim or defense against the "suit". (4) Authorize us to obtain medical records or other pertinent infor- mation. (5) Submit to examination, at our expense, by physicians of our choice, as often as we reason- ably require. c. If there is "loss" or its equipment the following: to a covered "auto" you must also do (1) Promptly notify the police if the covered "auto" or any of its equipment is stolen. CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 8 of 13 (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 in effect at the beginning of each you don't own, the insurance pro- year of the policy. vided by this Coverage Form is ex- 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: nected 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- 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 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 transported between any of these places. basis. 6. Premium Audit 8. Two Or More Coverage Forms Or Poli- cies Issued By Us a. The estimated premium for this Cov- If this Coverage Form and any other Cov- erage Form is based on the expo- erage Form or policy issued to you by us sures you told us you would have or any company affiliated with us apply when this policy began. We will 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- cally 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- 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; S. 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. S. 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 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 _ used to raise or lower workers. 6. Vehicles not described in Paragraphs 1., 2., 3. or 4. above maintained primarily for purposes other than the transporta- tion of persons or cargo. However, self- propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": a. Equipment designed primarily for: (1) Snow removal, (2) Road maintenance, but not con- struction or resurfacing; or (3) Street cleaning; b. Cherry pickers and similar devices mounted on automobile or truck 0' chassis and used to raise or lower workers; and 1. Damages because of "bodily injury" or "property damage"; or 2. A "covered pollution cost or expense", to which this insurance applies, are alleged. "Suit" includes: a. An arbitration proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the "insured" must submit or does submit with our consent; or b. Any other alternative dispute resolu- tion proceeding in which such dam- ages or "covered pollution costs or expenses" are claimed and to which the insured submits with our con- sent. "Temporary worker" means a person who is furnished to you to substitute for a perma- nent "employee" on leave or to meet sea- sonal or short-term workload conditions. c. Air compressors, pumps and p "Trailer" includes semitrailer. 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 13 of 13