Insurance - Charles King Co. Inc. - 2014-04-03CHAKIN -001 LODE
�� CERTIFICATE OF LIABILITY INSURANCE
1 Dnr4
4/33 /20/20nrrrl
14
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 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 ( 888 ) 825 -4322
Bowermaster & Associates
P.O. BOX 6026
10805 Holder Street - Suite 350
Cypress, CA 90630
RECTIV
CONTACT
NAME: Denise Lopez
o E.1:714- 733 -6200 219 c
C. 714- 252 -8253
E -MAIL
ADDRESS: diopez@bowermaster.com
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURERA: Valley Fore Insurance Company
X
INSURED Charles King Company, Inc.
2841 Gardena Avenue APR 042014
Signal Hill, CA 90755
�OSIAC�IESA SANItARY DISiRICI
INSURER B: Continental Casualty Co.
3/3012014
INSURER c: Travelers Propedy & Casualty CID -of Amer.
EACH OCCURRENCE
INSURER D:AIG S ecial Insurance Company
DA REMiSES Ea o «urrence
INSURER E:
MED EXP (Any one person)
INSURER F :
PERSONAL &ADV INJURY
Vv V IZ "ES CERTiFiGA l t P1DMEIGH- ovamm�.. u a.er-.,-
— — ,amen.
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,
INR
TYPE OF INSURANCE
ADM
D
POLICY NUMBER
MWDD/YYYY
MM/DD Y YY
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE OCCUR
X Deductible: $5,000
X
X
4034952911
3/3012014
3130/2015
EACH OCCURRENCE
$ 1,000,00
DA REMiSES Ea o «urrence
$ 100,00
MED EXP (Any one person)
$ 5,00
PERSONAL &ADV INJURY
$ 1,000,00
X
PropertyDamage /Subsidence
GENERAL AGGREGATE
$ 2,000,00
GEN'L AGGREGATE LIMIT APPLIES PER
POLICY X PRO- LOC
PRODUCTS - COMP /OP AGO
$ 2,000,00
$
B
AUTOMOBILE
LIABILITY
ANYAUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
X
5091114974
3130/2014
3/30/2015
COMBINED SINGLE LIMIT
Ea accident
$ 1,000,00
BODILY INJURY (Per person)
$
P
BODILY INJURY (Per a «ident)
$
HIRED AUTOS X NON -OWNED
AUTOS
X
PROPERTY DAMAGE
Per a «itlent
$
A
X
UMBRELLA LIAB
EXCESS LIAB
I
X
OCCUR
CLAIMS -MADE
5091114988
3/30/2014
3/3012015
EACH OCCURRENCE
$ 10,000,00
AGGREGATE
$ 10,000,000
DED I X I RETENTION$ 10,0.00
$
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N F-1
OFFICER /MEMBER EXCLUDED?
NIA
X
DTJUS3452N74313
6/212013
61212014
WC STATU- OTH-
X TORY LIMITS ER
E.L. EACH ACCIDENT
$ 1,000,00
If f H)
(Mandatory and
yes, yes, describe
E.L. DISEASE - EA EMPLOYEE$
1,000,00
E.L. DISEASE - POLICY LIMIT
$ 1,000,00
DESCRIPTION OF OPERATIONS below
D
Pollution Liability
CPL3850939
313012014
3/30/2015
Ded: $10,000 $5,000,000 Agg
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more sparse required)
Project No. 192
System Wide Sewer Reconstruction Phase II
Costa Mesa Sanitary District, its employees and agents are Additional Insured with respects to General Liability per attached endorsement form
G140331 D, Primary and Non - Contributory included. Waiver of Subrogation applies to WorkComp per attached endorsement form WC990376.
Waiver of Subrogation applies to Auto Liability per formCNA63359XX and General Liability per form G1 8652J. Cancellation policy forms
attached IL00171198 and IL02700907.
CERTIFICATE HOLDER CANCELLATION
U 1988 -2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Costa Mesa Sanitary District
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
628 W. 19th Street
Costa Mesa, CA 92627-
AUTHORIZED REPRESENTATIVE
U 1988 -2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
CNANAED INSURED: Charles POLICY NUMBER: 44952 111g Company, Inc.
G- 140331 -D
(Ed. 01113)
BLANKET ADDITIONAL INSURED = OWNERS; LESSEES OR CONTRACTORS
WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE
It's understood and agreed that this endorsement amends the COMMERCIAL. GENERAL LIABILITY COVERAGE
PART as follows:
SCHEDULE (OPTIONAL)
Name of Additional Insured Persons OrOrganization"s
jAs required by "written contract" per Paragraph A. below.)
Locations of Covered Operations
(As per the' "written contract," provided the location is within the 'coverage,territory" of this Coverage Part.).
A. Section II - Who Is An Insured is amended to'mclude "as an additional Insured:
J: Any person or organization whom you are required by "written contract" to add, as an additional ;insured on
this Coverage Part; and -
2. The particular person or organization, if any, scheduled above.
B. The insurance provider) to the additional Insured is limited as follows'.
1 The person or organization is an additional insured 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 ongoing operations specified in the "written contract "; or
b. "Your work' that is specified In the "written contract" but only for 'bodily Injury" or "property damage"
included In the " products - completed operations hazard," and:only if:
(1) The 'written contract" requires you to provide the additional Insured such coverage; and
(2) This Coverage Part provides such coverage.
2. If the "written contract" specifically requires you to provide additional Insurance coverage via the 10/01 edition
of CG2010 (aka CG 20 10 10 01), or via the 10/01 edition of CG2037 (aka CG 20 3710 01), or via the 11/85
edition of CG2010 (aka CG 20 10 11 85). then In paragraph 13.11.:above, the words'eaused in whole or in part
by' are replaced by the words arising out of',
3. We will not provide the additional Insured any broader coverage or any higher limit of insurance than'
a. The - maximum permitted bylaw;
b. That required by the "written contract";
c. That described in B.1. above; or
d. That afforded to you under this policy,
whichever is less.
4. Notwithstanding anything to the contrary in Condition 4. Other Insurance (Section IV), this insurance is
excess of all other insurance available to the additional Insured whether on a primary, excess, contingent or
G- 140331 -D (Ed, 01/13)
Page 1 of 2
Copyright, CNA All Rights Reserved:
CNA
G- 140331 -D
(Ed. 01/13)
any other basis, But if required by the "written contract 'to be primary and non- contributory, this insurance
will be primary and non- contributory relative to insurance on which the additional insured is a Named Insured,
5. The insurance provided to the additional insured does not apply to "bodily injury," "property. damage;" or
"personal and advertising injury" arising out of:
et. 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; and
(2) Supervisory, inspection, architectural or engineering activities; or
b. Any premises or work for which the additional insured is' specifically listed as an additional insured on
another endorsement. attached to this Coverage Part.
C. SECTION IV— ;COMMERCIAL; GENERAL LIABILITY CONDITIONS is amended asfollows:
1 The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following
additional conditions applicable to the additional insured:
An additional insured under this endorsementwill as soon as practicable.'
(1) Give us written notice of an 'occurrence" or an offense which may result in a claim or "suit" ,under this
insurance and of any claim or "suit" that does result;
(2) Except as provided in Paragraph BA. of this endorsement;' agree to make available any other insurance
the additional insured has for a loss we cover under this'Coverage-Part
(3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation,
defense, or settlement of the claim or "suit'; and
(4) Tender the defense and indemnity of any claim or, "suit" to any other insurer or self insurer whose policy
or program applies to a loss we cover under this Coverage Part. But if the "written contract" requires this
insurance to be primary and non - contributory, this provision (4) does not apply to insurance on which the
additional insured is a Named Insured.
We have no duty to :defend or indemnify:an additional insured under this endorsement until we receive from
the additional insured written notice of a claim or "suit.
A. Only for the purpose of the insurance provided by this endorsement,.:SECTION V = DEFINITIONS is:amended to
add the following definition:
"Written contract" means a written contract or written agreement" that requires you to make a person or
organization an additional insured on this Coverage Part, provided the contract or agreement:
1. Is currently in effect or becomes effective during the term of this policy; and
2. Was executed prior to:
a. The "bodily injury" or "property damage "; or
b. The offense that caused the "personal and advertising injury-j"°
for which the additional insured seeks coverage underthis Coverage Part.
All,otherterms and conditions of the Policy remain unchanged.
Material used with permission of 130 Properties, Inc.
G 140331 -D (Ed. 01/1.3)
Page 2.: of -2.
Copyright, CNA All Rights Fesewed.
................
CNANAMED INSURED: Charles King Company, Inc. CNA63359XX
POLICY NUMBER: 5091114974 (Ed. 04/12).
THIS ENDORSEMENT CHANGES. THE POLICY, PLEASE READ IT CAREFULLY..
CONTRACTORS' EXTENDED COVERAGE ENDORSEMENT
BUSINESS AUTO PLUS'-
This endorsement modifies insurance providers under the following';
BUSINESS AUTO COVERAGE FORM"
1.- LIABILITY COVERAGE
A. Who Is An Insured
The following is added to Section II, Paragraph
A.1, Who Is An Insured:
1. a. Any incorporated entity of which the
Named Insured owns a majority of the
voting stock on the date of inception of
this Coverage Form; provided that,
b. The insurance afforded by this provision
- A.1.:does not apply to any such entity
that Is an "insured "under any ;other
liability "policy" providing` "auto"
coverage.
2. Any organization you newly acquire or form,
other' than a limited liability Company,
partnership or joint venture; and over which
you maintain majority ownership interest.
The insurance afforded by this provision
A.2.: -
a. Is effective on the acquisition or
formation date, and is afforded only until
the end of the policy period of this
Coverage Form, or the next anniversary
of its inception date, whichever is
earlier.
b. hoes not applyto;
I
(1) "Bodily injury" or "property damage"
caused by an 'accident" that
occurred before you acquired or
formed the organization; or
(2) Any such organization that is an
"insured" under any other liability
"policy" providing "auto" coverage.
3. Any person or organization that you are
required by a written contract to name as an
additional insured Is an "insured" but only
with respect to their legal liability for acts or
omissions of a person, who qualifies as an
"insured" under Section II Who Is An
Insured and for whom Liability Coverage Is
afforded under this policy. If required by
written contract, this insurance will be
primary and non-contributory to insurance
on which the additional insured Is a Named
Insured:
4. An " employee" of yours is an "insured" while
operating an "auto" hired or rented under a
contract or agreement in that "employee's"
name, with your permission, while
performing duties related to the conduct. of
your business.
"Policy," as used in this provision A. Who Is An
Insured, includes those policies that were in
force on the inception date of this Coverage
Form but:
1. Which are no longer in force: or
2. Whose limits have been exhausted.
B. Bail Bonds and Loss of Earnings
Section 11, Paragraphs .A.2. (2) and A.2. (4)
are revised as follows:
1. In a.(2), the limit for the cost of bail bonds is
changed from $2,000 to $5;000; and
2. In a.(4), the limit for the loss of earnings is
changed from $250 to $500 a day.
C. Fellow Employee
Section 11, Paragraph B.5 does not apply.
Such coverage as is afforded by this provision
C. is excess over any other collectible
insurance.
PHYSICAL DAMAGE COVERAGE
A. Glass Breakage — Hitting A Bird Or Animal
Failing Objects Or Missiles
The following is added to Section III
Paragraph A.3::
With respect to any :covered "auto," any
deductible shown in the Declarations will not
apply to glass breakage if such glass is
repaired, in a manner acceptable to us, rather
than replaced.
B. Transportation Expenses
Section III; Paragraph A.4.a. is revised, with
respect to transportation expense incurred by
you, to provide:
a. $60 per day, in lieu of $20; subject to-
b. $1,600 maximum, in lieu of $600.
CNA63359XX. Copyright, CNA Corporation. 2000
(Ed. 04/12) Includes copyrighted malePlab of he Insurance Services C9ice used w1h its permission
Page 1 of 3
CNA
C. Loss of Use Expenses
Section III, Paragraph A.4.b. is revised, with
respect to loss of use expenses incurred by you,
to provide:
a. $1,000 maximum, In lieu of $600.
D: Hired ":Autos"
The following "is added io Section fh
Paragraph A.:
5. Hired "Autos"
If Physical Damage coverage is providedunder
this policy, and such coverage does not extend
to Hired Autos then Physical Damage coverage
is extended to:
a. Any covered "auto' you lease, hire, rent
or borrow without a driver; and
b. Any covered "auto" hired or rented by
your "employee' without a driver; under
a contract in that individual
"employee's' name.; with your
permission, while performing _duties
related to the conduct of your business.
c. The most we will pay for any one
"accident" or "loss" is the actual cash
value, cost of repair, cost of
replacement or $75,000, whichever is
less, minus a $500 deductible for each
covered auto. No deductible applies to
"loss" caused by fire or; lightning.
d. The physical damage coverage as is
provided by this provision is equal to the
physical damage coverage(s) provided
on your owned "autos."
e. Such physical damage coverage for
hired "autos" will;
(1) Include loss of use, provided' it is
the consequence of an 'accident"
for which the Named Insured is
legally liable, and as a result of
which a! monetary loss Is sustained
by the leasing or rental concern.
(2) Such coverage as is provided by
this provision will be subject to a
limit of $750 per "accident:"
E. Airbag Coverage
The following is added to Section ill,
Paragraph B.3.,
The accidental discharge of an airbag shall not
be considered mechanical breakdown.
F. Electronic Equipment
CNA63359XX
(Ed 04/12)
Section III, ;Paragraphs B.4.c and B.44 are
deleted and replaced by the following:
c. Physical Damage Coverage on a covered
"auto' also applies to 'loss" to any
permanently installed electronic equipment
including its antennas and other
accessories.
It. A $100 per occurrence deductible applies to
the coverage provided by this provision:
G. Diminution In Value
The following is added to Section III,
Paragraph B.6.:
Subject to the following,. the "diminution in
value' exclusion does not apply to:
a. Any covered "auto' of the private
passenger type you lease, hire, rent or.
borrow, without a driver for ra period of
30 days or less, while performing duties
related to the conduct of your business',
and
b. Any covered "auto" of the private
passenger type hired or rented by your
"employee" without a driver for a period
of 30 days or less, under a contract in
that individual "employee's" name, with
your permission, while /performing
duties related to the conduct of your
business.
c. Such coverage as is provided by this
provision is limited to a "diminution in
value" loss arising directly out of
accidental damage and not as a result
of the failure to make repairs faulty or
incomplete maintenance or repairs; or
the installation of substandard parts.
d. The most we will pay for "loss" to a
covered "auto" in any one accident is
the lesser of:
(1) $5,000; or
(2) 20 % of the "auto's" actual cast/
value (ACV).
III. Drive Other Car Coverage— Executive Officers
The following is added to Sections fl and Ill:
1. Any "auto" you don't own, hire or borrow is a
covered "auto" for Liability Coverage while being
used by, and for Physical Damage Coverage
while in the care, custody or control of, any of
your "executive officers" except;
a. An "auto' owned by that "executive officer"
or a member of that person's household; or
CNA63359XX Copyrighl, CNA Corporation 2000 Page 2 of 3
(Ed. 04/12) Includes copyrighled n iedai oiahe insurance services Ctlice used Wih us permission.
OVA
b. An "auto" used by that "executive officer"
while working in a business of selling,
servicing, repairing or parking 'autos."
Such Liability andior Physical Damage
Coverage as Is afforded by this provision.
(1) Equal to the greatest of those
coverages afforded any covered ''auto ";
and
(2) Excess over any other collectible
insurance.
2. For purposes of this provision, "executive
officer" means a person holding any of the
officer positions created by your charter,
constitution, by -laws or any other similar
governing document, and, while a resident of
the same household, includes that person's
spouse.
Such "executive officers" are "Insureds" while
using a covered "auto" described in this
provision.
IV. BUSINESS AUTO CONDITIONS
A. Duties In The Event Of Accident, Claim, Suit
Or Loss
The following is added to Section IV,
Paragraph A.2.a.:
(4) Your "employees" may know of an
"accident" or "loss." This will not mean
that you have such knowledge, unless
such 'accident" or "loss" is known to
you or if you are not an individual, to
any of your executive officers or
partners or your insurance manager.
The following is added to Section IV,
Paragraph A.2.b.:
(6) Your "employees" may know of
documents received concerning a claim
or "suit." This will not mean that you
have such knowledge, unless receipt of
such documents is known to you or if
you are not an individual, to any of your
executive officers or partners or your
insurance manager.
B. Transfer Of Rights Of Recovery Against
Others To Us
CNA63359XX
(Ed. 04%12).
The following Is added to Section IV,
Paragraph A.S. Transfer Of Rights Of
Recovery Against Others To Us:
We waive any right of recovery we may have,
because of payments we make for Injury or
damage, against any person or organization for
whom or which you are required by written
contract or agreement to obtain this waiver from
M,
This injury or damage must arise out of your
activities under a contract with that person or
organization..
You must agree to that requirement prior to an
"accident" or "loss."
C. Concealment, Misrepresentation or Fraud
The following Is added to Section IV,
Paragraph B.2.:
Your failure to disclose all hazards existing on the
date of inception of this Coverage Form shall not
prejudice you with respect to the coverage afforded
provided such failure or omission Is not intentional.
D. Other Insurance
The following is added to Section IV;
Paragraph B.5.:
Regardless of the provisions of Paragraphs 5.a.
and 5.d. above. the coverage provided by this
policy shall be on a primary non - contributory
basis. This provision is applicable only when
required by a written contract. That written
contract must have been entered into prior to
"Accident" or "Loss."
E. Policy Period, Coverage Territory
Section IV, Paragraph B. 7.l is revised to
provide:
a. 45 days of coverage In lieu of 30 days.
V. DEFINITIONS
Section V. Paragraph C. is deleted and replaced
by the following:
"Bodily injury" means bodily injury, sickness or
disease sustained by a person, including mental
anguish.. mental injury or death resulting from any of
these.
CNA63359XX Gopyri h1 CNA corporati on, 2000. Page 3 of 3
(Ed. 04/12) Includes copyricdhled material of the Insurance Services Oltice used i,Alh its permission.
NAMED INSURED: Charles King Company, Inc. G 18652 J
CNA POLICY NUMBER: 4034952911 (Ed. 07 -12)
CONTRACTORS` GENERAL LIABILITY EXTENSION ENDORSEMENT
It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE
PART as follows. The changes this endorsement makes do not apply with respect to any coverage that has been
excluded or amended by another endorsement attached to this policy.
SCHEDULE
Coverage is summarized below. For particulars and limitations affecting each coverage, please refer to the
corresponding policy provisions In the body of this endorsement.
1.
Additional Insureds
Seven additional insured extensions:
2.
Bodilyinjury — Expanded Definition
3.
Broad Knowledge of Occurrencel Notice of Occurrence
4.
Broad Namedansured
5.
Broadened Liability Coverage For Damage To "Your Product" And "YourWork"
Limit: $100;000;.
6.
Contractual Liability — Railroads
Expanded definftionrof "Insured contract."
7:
Contractual Liability For Personal And Advertising Injury
8.
Electronic Data Liability-
Loss of Electronic Data Limit: $100,000.
9.
Expanded Personal And Advertising Injury - Discrimination Or Humiliation
10,
Expected Or Intended Injury ._
Reasonable force ''bodily injury" or "property damage,"
11.
General Aggregate Limits Of Insurance:- Per Project
12,
In Rem Actions,
13.
Incidental Health Care Malpractice Coverage,
14.
Joint Ventures/Partnership /Limited Liability Companies
Coverage for your interest In such terminated or ended organizations.
15.
Legal Liability/Alienated Premises /Borrowed Equipment Coverage
Extended perils.
Default limit Increased to $500,000 for Damage to Premises Rented To You.
$25,000 limit for "property damage" to borrowed tools or equipment at a jobsite.
16.
Liberal izationCla
17. Liquor Liability Coverage Extension
1.8.
, Medical Payments
Limits increased to $15,000.:
Reporting increased to -three years from the date of accident:
19.
Non - owned Aircraft Coverage
20.
Non -owned Watercraft
Increased to 75 feet.
21.
Primary And Non - Contributory To Other insurance
22.
Property Damage - Elevators
23.
Supplementary Payments
Cost of bail bonds increased to $5.000.
Dally loss of earnings increased to $1.000.
24.
Unintentional Failure To Disclose Hazards
25.
Waiver of Subrogation - Blanket
Waiver of subrogation where required by-written contract or written agreement.
26.
Wrap -Up Extension
G-18652 -J (Ed. 07-12)
Page 1 of 12'
Copyright, CNA All Rights Reserved.
CNA
you own, rent, or control and to which this
insurance applies:
a. The existence, maintenance, repair.
construction, erection, or removal of
advertising signs, awnings, canopies.
cellar entrances, coal holes, driveways.
manholes, marquees, hoistaway
- 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.
2. This insurance applies only with respect to
operations performed by you or on your
behalf for which the state or governmental
agency or subdivision or political subdivision
has issued a permit or authorization.
3. This insurance does not apply to:
a. 'Bodily injury,' "property damage or
"personal and advertising injury" arising
out of operations performed for the
federal government; state or
municipality, or
b. "Bodily injury" or 'property damage'
included within the "products completed
operations hazard."
A governmental permit which requires you to
add the governmental entity as an additional
insured will trigger this Provision 1. as if the
permit were a written contract.
2. BODILYINJURY - EXPANDED: DEFINITION
SECTION V - DEFINITIONS, the definition of
"bodily injury" is changed to read:
"Bodily injury" means bodily injury, sickness or
disease sustained by a person, including death;
humiliation, shock, mental anguish or mental injury
by that person at anytime which results as a
consequence of the bodily injury, sickness or
disease.
3. BROAD KNOWLEDGE OF OCCURRENCE/
NOTICE OF OCCURRENCE
Condition 2. Duties in The Event of Occurrence,.
Off ense,Claim or Suit of SECTION IV -
COMMERCIAL GENERAL LIABILITY
CONDITIONS is amended to add the following
provisions;
A. BROAD KNOWLEDGE OF OCCURRENCE
G-18652 J (Ed. 07-12)
Page 3,of 12
G- 18652 -J
(Ed. 07 -12)'
You must give us or your authorized
representative notice of an "occurrence,"
offense. claim, or "suit' only when the
"occurrence," offense, claim or "suit' is known
to:
(1) You, if you are an individual;
(2) A partner, if you are a'partnership,
(3) An executive officer or the employee
designated by you to give such notice, if you
are a corporation; or
(4) A manager, if you are a limited liability
company.
B. NOTICE OF OCCURRENCE
Your rights under this Coverage Part will not be
prejudiced if you fail to give us notice of an
"occurrence; "offense, claim or suit' and that
failure is solely due to your reasonable belief
that the "bodily injury or "property damage" is
not covered under this Coverage Part. However,
you shall give written notice of this occurrence,"
offense, claim 'or'suit" to us as soon as you are
aware that this insurance may apply to such
"occurrence," offense claim or "suit;"
4. BROAD NAMED INSURED
A. Any subsidiary or affiliate organization, other
than a partnership, joint venture or limited
liability company, in which a Named Insured
specifically shown in the Declarations has
management control, directly or through one or
more subsidiary organizations, at the time of
loss will qualify as a Named Insured but only if
there Is no other similar insurance available to
such organization, nor similar insurance which
would be available but for exhaustion of its
limits For the purpose of this provision, similar
insurance means general liability or equivalent
insurance, no matter whether its coverage 1s
broader or narrower than that provided by this
Insurance. But if the only other similar insurance
is for a "consolidated (wrap-up) program,' then
a subsidiary that qualifies as a Named Insured
on such project specific insurance can still
qualify as a Named Insured on this insurance,
but not for projects covered by the' consolidated
(wrap-up) program."
[Please see Item 26.C.. of this endorsement for
the definition of - 'consolidated (wrap -up)
program. "I
B. This endorsement does not apply to any
organization for which coverage is excluded by
another endorsement attached to this policy.
C. Only for the purpose of this endorsement
Copyright, CNA All Rights Reserved..
CNA
d. An obligation, as required by ordinance, to
Indemnify a municipality, except in connection
with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement
pertaining to your business (including an
Indemnification of a municipality in connection
with work performed for a municipality) under
which you assume the tort liability of another
party to pay for "bodily Injury" or "property
damage" to a third person or organization. Tort
liability means a liability that would be imposed
by law- in the absence of any contract or
agreement.
Paragraph f. does not include that part of any
contract or agreement:
(1) That Indemnities an architect, engineer or
surveyor for injury or damage arising out of:
(a) Preparing, 'approving or failing to
prepare or approve maps, shop
drawings; opinions; reports, surveys,
field orders, change orders or drawings
and specifications; or
(b) Giving directions or instructions, or
failing to give them, if that is the primary
cause of the injury or damage,
(2) Under which the Insured, If an architect.
engineer or surveyor, assumes liability for
an injury or damage arising out of the
insured's rendering or failure to render
professional services, including those listed
in (1) above and supervisory,_ inspection.
architectural or engineering activities.
7. CONTRACTUAL LIABILITY FOR PERSONAL
AND ADVERTISING INJURY
Under SECTION I COVERAGE B — PERSONAL
AND ADVERTISING INJURY LIABILITY, Paragraph
2. Exclusions is amended to delete exclusion e.
Contractual Liability.
This provision 7. does not apply to any person or
organization who otherwise qualities as an
additional Insured on this Coverage Part.
8 ELECTRONIC DATA LIABILITY
A. Under SECTION: I — COVERAGE A — .BODILY
INJURY AND PROPERTY DAMAGE..
Paragraph 2. Exclusions is amended to delete
exclusion p. Electronic Data and replace it with
the following:
[This insurance does not apply to` :]
p. Electronic Data
G-1 8652-J (Ed. 07-
Page 5 of 12
G- 18652 -J
(Ed. 07-12)
Damages arising out of the loss of loss of use
of. damage to, corruption of, Inability to access,
or inability to manipulate "electronic data" that
does not result from physical injury to tangible
property.
However, this exclusion does not apply to
liability for damages because of 'bodily injury"
B. The following paragraph is added to SECTION
III - LIMITS OF INSURANCE:
Subject to 5. above, $100,000 Is the most we
will pay under Coverage A for all damages
arising out of anyone "occurrence" because of
1. property damage' that results from physical
injury to tangible property and arises out of
"electronic data."
C. The following definition Is added to the
SECTION V - DEFINITIONS:
"Electronic data" means information, facts or
programs stored as or on, created or used on,
or transmitted to or from computer software
(including systems and applications software),
hard or floppy disks, CD- -ROMS, tapes, drives,
cells, data processing devices or any other
media which are used with electronically
controlled equipment.
D. For the purposes of the coverage provided by
this endorsement, the definition of 'property
damage' in SECTION V DEFINITIONS is
replaced by the following:
17. "Property damage" means::
a. Physical injury to tangible property,
including all resulting loss of use of that
property. All such loss of use shall be
deemed to occur at the time of the
physical injury that caused it;_
b. Loss of use of tangible property that is
not physically injured. All such loss of
use shall be doomed to occur at the
time of the "occurrence' that caused it;
or
c. Loss of, loss of use of, damage to.
corruption of. inability to access, or
inability to properly manipulate
electronic data," resulting from physical
injury to tangible' property. All such loss
of 'electronic data" shall be deemed to
occur at the time of the "occurrence"
that caused it.
For the purposes of this insurance,
"electronic data" is not tangible property.
E. if Electronic Data Liability is provided at a higher
limit by another endorsement rattached to this
Copyright, CNA All Rights Reserved.
CNA
C. The limits shown in the Declarations for Each
Occurrence, for Damage To Premises Rented
To You and for Medical Expense continue to
apply, but will be subject to either the
Construction Project Aggregate Limit or the
General; Aggregate Limit, depending on whether
the "occurrence" can be attributed solely to
ongoing operations at a particular construction
project.
D. When coverage for liability arising out of the
products- completed operations hazard" is
provided, any payments for damages because
of "bodily injury`or "property damage" included
In the "products- completed operations hazard;"
regardless of the number of locations involved
will reduce the Products- Competed Operations
Aggregate Limit: shown in the Declarations.
E. If a single construction project away from
premises owned by or rented to the insured has
been abandoned and then restarted, or if the
authorized contracting ,parties deviate from
plans, blueprints, designs, specifications or
timetables, the project will still be deemed to be
the same construction project.
F. The provisions of SECTION III LIMITS. - OF
-
INSURANCE not otherwise modified by this
endorsement shall continue to apply as
stipulated.
12. IN REM ACTIONS
Any action in rem against any vessel owned or
operated by or for you, or chartered by or for you will
be treated in the same manner as though the action
were In Personam against you.
In rem is a term used to designate actions instituted
against the thing. as distinct from actions against
the person, which are said to be in personam.
13. INCIDENTAL HEALTH CARE MALPRACTICE
COVERAGE
A. With respect only to "bodily injury" that arises
out of a "health care Incident." COVERAGE A —
BODILYINJURY AND PROPERTY DAMAGE
LIABILITY OF SECTION I — COVERAGES is
amended to "replace Insuring Agreement
Paragraphs 1.b.(1) and 1.b.(2) with the
following:
b. This insurance applies to "bodily injury" only
if you are not in the business of providing
professional health care services. and only
if:
G- 18652 -J
Page 7 of 1
(1) The 'bodily Injury" is caused by an
"occurrence" that takes place in the
"coverage territory." For the purpose of
this insurance:
G- 18652 -J
(Ed. 07-12)
(a) "Bodily Injury" caused by a "health
care incident' will be considered
caused by "occurrence "; and
(b) All acts, errors or omissions that
are logically connected by any
common fact, circumstance.
situation, transaction, event, advice
or decision will be considered to
constitute a single "occurrence';
(2) The "bodily Injury" occurs during the
policy period. All "bodily injury" arising
from an "occurrence" will be deemed to
have occurred at the time of the first
act, error, or omission that is part of the
occurrence ", and
B. With respect only to the insurance provided by
this 'Provision 13., Exclusion 2.e. Employer's
Liability of ISECTION I — COVERAGE A —
BODILY INJURY AND PROPERTY DAMAGE.
is amended to append the following:
Only for "bodily Injury not covered by other
liability insurance (including state- sanctioned
self! insurance) available to the insured (or which
would be available but for exhaustion of its
limits), this exclusion does not apply to "bodily
Injury' that arises out of a "health care incident"
C. SECTION V — DEFINITIONS is amended to add
the following new definition:
"Health care incident" means a negligent act,
error or omission by your "employees" or
"volunteer workers" working on your behalf in
the rendering of or failure to render professional
health care services In any of the following
capacities, or the related furnishing of food.
beverages; medical supplies or appliances:
a. Physician;
b. Nurse:
c. Emergency medical technician;
d. Paramedic;
e. Chiropractor;
f. Dentist:
g. Athletic trainer:
h. Audiologist;
i. Physical therapist;
I. Psychologist;
k. Speech therapist;
L Other allied health professional; or
Copyright CNA All Rights Reserved.
CNA
[Please see Item 26.C. of this endorsement
for the definition of "consolidated (wrap -up)
program.']
B. The last paragraph of SECTION II - WHO IS
AN INSURED is deleted and replaced by the
following:
Except as provided under the Contractors'
General Liability Extension Endorsement or by
the attachment of another endorsement _(if any),
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.:
15. LEGAL LIABILITY /ALIENATED PREMISES/
BORROWED EQUIPMENT
A. Under SECTION I -- COVERAGE A BODILY B'
INJURY AND PROPERTY DAMAGE,
Paragraph 2. Exclusions Is amended to delete
exclusion j. Damage to Property in its entirety
and replace it with the following:
[This Insurance does not apply to:)
j. Damage to Property
"Property damage" to:
(1) Property you own; rent; or occupy;
(2) Premises you sell, give away or
abandon, if the 'property damage"
arises out of any part of those
premises,
(3) Property loaned to you;
(4) Personal property in the care, custody
or control of the insured;
(5) That particular part of real property on
which you or any contractors or
subcontractors working directly or
indirectly on your behalf are performing
operations; If the "property damage"
arises out of those operations; or
(6) That particular part of any property that
must be restored, repaired or replaced
because "your work" was incorrectly
performed on it.
Paragraph (2) of this exclusion does not
apply if the premises are "your work."
Paragraphs (3) and (4) of this exclusion do
not apply to "property damage" to tools or
equipment loaned to you. A separate limit
of insurance applies to such tools or
equipment that are damaged while being
used in your operations.
G- 18652 -J (Ed. 07 -12)
Page 9 of 12
G- 18652 -J
(Ed. 07 -12)
Paragraphs (1), (3) and (4) of this exclusion
do not apply to "property damage" (other
than damage by fire) to premises rented to
you or temporarily occupied by you with the
permission of the owner, or to the contents
of premises rented to you for period of 7
or fewer consecutive days. A separate limit
of insurance applies to Damage To
Premises Rented To You as described in
SECTION III — LIMITS OF INSURANCE.
Paragraphs (3), (4), (5) and (6) of this
exclusion do not apply to liability assumed
under a sidetrack agreement.
Paragraph (6) of this exclusion does not
apply to "property damage" included in the
" products - completed operations hazard
Under SECTION 1 COVERAGE A — 'BODILY
INJURY AND PROPERTY DAMAGE the last
paragraph of Paragraph 2. Exclusions Is deleted
and replaced by the following.
Exclusions- c. through n. do not apply to
damage by fire to premises while rented to you
or temporarily occupied by you with permission
of the owner nor to the contents of premises
rented to you for ra period of 7 or fewer
consecutive days.
A separate limit of insurance applies to this
coverage as described in SECTION III - LIMITS
OF INSURANCE.
C. The following paragraph is added to SECTION
III — LIMITS OF INSURANCE:
Subject to 5. above, $25;000 is the most we will
pay under Coverage A for damages arising out
of any one "occurrence" because of "property
damage' to tools or equipment loaned to you by
others that occurs while the equipment is being
used to perform operations.
D. Paragraph 6. Damage To Premises Rented To
You Limit of SECTION III LIMITS OF
INSURANCE is replaced by the following:
6. Subject to Paragraph 5. above, (the Each
Occurrence Limit), the Damage To
Premises Rented To You Limit is the most
we will pay under SECTION — I —
COVERAGE A for damages because of
"property damage" to any one premises
while rented to you or temporarily occupied
by you with the permission of the owner.
including contents of such premises rented
to you for a period of 7 or fewer consecutive
days. The Damage To Premises Rented To
You Limit is the greater of:
a. S500,000; or
Copyright, GNA All Rights Rese,vedd.
CNA
A. Under SECTION I — COVERAGE A - BODILY
INJURY AND PROPERTY DAMAGE,
Paragraph 2. Exclusions is amended such that
exclusion k. Damage to Your Product, and
subparagraph (3), (4) and (6) of exclusion, j.
Damage to Property do not apply "property
damage" that results from the use of elevators.
B. With respect only to the coverage provided by
this endorsement;. Condition 4, Other
Insurance in SECTION IV — COMMERCIAL.
GENERAL LIABILITY CONDITIONS is
amended to add the following subparagraph
b.(1)(a)(v)
4. Other Insurance
b. Excess Insurance
(1) This - insurance is excess.over:
(a) Any of the other insurance,
whether primary, excess,
contingent or on any 'other
basis:
(v) That is Property h0ifr4nge:
covering-property of others
damaged from the use of
elevators:
23. SUPPLEMENTARY PAYMENTS
A. Under Section I — Supplementary Payments
Coverages A and B, Paragraph 1.b., the limit of
$250 shown for the cost of bail bonds `is
replaced by S5,000:
B. In Paragraph 1.d., the limit of $250shownfor
dally loss;of earnings is replaced by $1,000.
24. UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS
If unintentionally you should fail to disclose all
existing hazards at the inception date of your policy,
we, will not deny coverage under this Coverage Part
because of such failure.
25. WAIVER OF SUBGROGATION BLANKET
Under SECTION IV —COMMERCIAL GENERAL
LIABILITY CONDITIONS, The Transfer Of Rights
Of Recovery Against Others To Us Condition is
amended by the addition of the following:
We waive any right of recovery we may have
against any person or organization because of
payments we make for injury or damage arising::out
of:
1. Your ongoing operations; or
2. "Your work" Included in the "products completed
operations hazard."
Page 11
G- 1'8652 -J
(Ed.07 -12)
However, this waiver applies only when have
agreed in writing to waive such rights of recovery in
a contractor agreement; and only if the contract or
agreement:
1. Is - ineffect or becomes effective during the term
of this policy; and
2. Was executed prior to loss.
26. WRAP -UP EXTENSION: OWNER CONTROLLED
INSURANCE PROGRAM, CONTRACTOR
CONTROLLED INSURANCE PROGRAM OR
CONSOLIDATED (WRAP -UP) INSURANCE
PROGRAMS
Note: The following provision does not apply to any
public construction project In the state of Oklahoma,
nor to any construction project in the state of
Alaska; that is not permitted to be insured under a
"consolidated (wrap -up) insurance program" by
applicable state statute or regulation:
If the endorsement EXCLUSION
CONSTRUCTION 'WRAP-UP or another
exclusionary endorsement pertaining to Owner
Controlled Insurance Programs (O.C.I.P.) or
Contractor Controlled Insurance Programs
(C.C.I.R) Is attached to this policy, then the
following changes apply:
A. The following wording is added to the
endorsement:
With respect to a 'consolidated (wrap rup)
insurance program" project in which you are or
were involved, this exclusion does not apply to
those sums you become legally obligated to pay
as damages because of:
1. 'Bodily injury," "property damage,." or
":personal or advertising injury" that occurs
during your 'ongoing operations at the
project, or during such operations of anyone
acting on your behalf; nor
2. 'Bodily injury' or "property damage"
included within the "products- completed
operations hazard" that arises out of those
portions of the project that are not
"residential structures."
B. SECTION JV COMMERCIAL 'GENERAL
LIABILITY CONDITIONS is amended to add the
following subparagraph 4.b.(1)(c) to Condition
4. Other Insurance:
[ This' insurance is excess over:]
(q) Any of the other insurance whether primary,
excess, contingent or any other basis that is
insurance available to you as a result of
your being a participant in a "consolidated
(wrap -up) insurance program," out only as
Copyright, CNA All {tights Reserved.
TRAVELERS Jam' WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 ( A) — DOI
POLICYNUMBM DTJUB3452N74313
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT - CALIFORNIA
(BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule.
The additional premium for this endorsement shall be 1 .0 % of the California workers wrnpensetiun pre-
mium.
Schedule
Person or Organization Job Description
ANY PERSON OR ORGANIZATION FOR
WHICH THE NAM ID INSURED HAS
AGREED BY WRITTEN CONTRACT
EXE=ED PRIOR TO LOSS TO
FURNISH THIS WAIVER.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise
stated.
(The information below is required only when this endorsement is issued subsequent to preparation of
the policy.)
Endorsement Effective 6/02/2013 Policy No. DTJUB3452N74313 Endorsement No.
Insured Charles King Company, Inc. limn
Insurance Company Countersigned by
DATE OF ISSUE: ST ASSIGN: Page 1 of 1
X2IL0017 1198
COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions.
Page I of 2
A. Cancellation
1. The first Named Insured shown in the Declarations may cancel this policy by mailing or
delivering to us advance written notice of cancellation.
2. We may cancel this policy by mailing or delivering to the first Named Insured written notice
of cancellation at least:
a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium;
or
b. 30 days before the effective date of cancellation if we cancel for any other reason.
3. We will mail or deliver our notice to the first Named Insured's last mailing address known to
US.
4. Notice of cancellation will state the effective date of cancellation. The policy period will end
on that date.
5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If
we cancel, the refmid will be o rata. If the first Named Insured cancels, the refund may be
less than pro rata. The cancella ion will be effective even if we have not made or offered a
refund.
6. If notice is mailed, proof of mailing will be sufficient proof of notice.
B. Changes
This policy contains 8.11 the agreements between you and us concerning the insurance afforded.
The first Named Insured shown in the Declarations is authorized to make changes in the terms of
this policy with our consent. This policy's terms can be amended or waived only by endorsement
issued by us and made a part of this policy.
C. Examination Of Your Books And Records
We may examine and audit your books and records as they relate to this policy at any time during
the policy period and up to three years afterward.
D. Inspections And Surveys
1. We have the right to:
a. Make inspections and surveys at any time;
b. Give you reports on the conditions we find; and
e. Recommend changes.
2. We are not obligated to make any inspections, surveyys, reports or recommendations and an
such actions we do undertake relate only, to insti ability and the premiums to be charged. We
do not make safety inspections. We do not undertake to perform the duty of any person or
organization to provide for the health or safety of workers or the public. And we do not
warrant that conditions:
a. Are safe or healthful; or
b. Comply with laws, regulations, codes or standards_
3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory,
rate service or similar organization which makes insurance inspections. surveys, reports or
recommendations.
4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or
recommendations we may make relative to certification, tinder state or municipal statutes,
ordinances or regulations, of boilers, pressure vessels or elevators.
E. Premiums
The first Named Insured shown in the Declarations:
1. Is responsible for the payment of all premiums; and
2. Will be the payee for any return premiums we pay.
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IL0270 0907
Page 1 of 4
IL 02 70 09 07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CALIFORNIA CHANGES - CANCELLATION
AND NONRENEWAL
This endorsement modifies insurance provided under the following:
CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART
COMMERCIAL AUTOMOBILE COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
CRIME AND FIDELITY COVERAGE PART
EMPLOYMENT - RELATED PRACTICES LIABILITY COVERAGE PART
EQUIPMENT BREAKDOWN COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART
PROFESSIONAL LIABILITY COVERAGE PART
A. Paragraphs 2. and 3. of the Cancellation Common Policy Condition are replaced by the following:
2. All Policies In Effect For 60 Days Or Less
If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously
issued, we may cancel this policy by mailing or delivering to the first Named Insured at the mailing
address shown in the policy and to the producer of record, advance written notice of cancellation,
stating the reason for cancellation, at least:
a. 10 days before the effective date of cancellation if we cancel for:
(1) Nonpayment of premium; or
(2) Discovery of fraud by:
(a) Any insured or his or her representative in obtaining this insurance; or
(b) You or your representative in pursuing a claim under this policy_
b. 30 days before the effective date of cancellation if we cancel for any other reason.
3. All Policies In Effect For More Than 60 Days
a. If this policy has been In effect for more than 60 days, or is a renewal of a policy we Issued, we
may cancel this policy only upon the occurrence, after the effective date of the policy, of one or
more of the following:
(1) Nonpayment of premium, including payment due on a prior policy we issued and due during
the current policy term covering the same risks.
(2) Discovery of fraud or material misrepresentation by:
(a) Any insured or his or her representative in obtaining this insurance; or
(b) You or your representative in pursuing a claim under this policy.
(3) A judgment by a court or an administrative tribunal that you have violated a California or
Federal law, having as one of its necessary elements an act which materially Increases any of
the risks insured against.
(4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or
regulations establishing safety standards, by you or your representative, which materially
increase any of the risks insured against.
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IL0270 0907
Page 3 of 4
We will mail or deliver our notice to the first Named Insured, and to the producer of record, at the
mailing address shown in the policy.
2. Residential Property
This provision applies to coverage on real property used predominantly for residential purposes and
consisting of not more than four dwelling units, and to coverage on tenants' household property
contained in a residential unit, if such coverage is written under one of the following:
Capital Assets Program (Output Policy) Coverage Part
Commercial Property Coverage Part
Farm Coverage Part — Farm Property — Farm Dwellings, Appurtenant Structures And Household
Personal Property Coverage Form
a. We may elect not to renew such coverage for any reason, except as provided in b., c. and d.
below:
b. We will not refuse to renew such coverage solely because the first Named Insured has accepted
an offer of earthquake coverage.
However, the following applies only to insurers who are associate participating insurers as
established by Cal. Ins. Code Section 10089.16. We may elect not to renew such coverage after
the first Named Insured has accepted an offer of earthquake coverage, if one or more of the
following reasons applies,
(1) The nonrenewal is based on sound underwriting principles that relate to the coverages
provided by this policy and that are consistent with the approved rating plan and related
documents filed with the Department of Insurance as required by existing law;
(2) The Commissioner of Insurance finds that the exposure to potential losses will threaten our
solvency or place us in a hazardous condition. A hazardous condition includes, but is not
limited to, a condition in which we make claims payments for losses resulting from an
earthquake that occurred within the preceding two years and that required a reduction in
policyholder surplus of at least 25% for payment of those claims, or
(3) We have:
(a) Lost or experienced a substantial reduction in the availability or scope of reinsurance
coverage; or
(b) Experienced a substantial increase in the premium charged for reinsurance coverage of
our residential property Insurance policies, and
the Commissioner has approved a plan for the nonrenewals that is fair and equitable, and that
is responsive to the changes in our reinsurance position.
c. We will not refuse to renew such coverage solely because the first Named Insured has cancelled or
did not renew a policy, issued by the California Earthquake Authority that included an earthquake
policy premium surcharge.
d. We will not refuse to renew such uuverage solely because corrosive soil conditions exist on the
premises. This Restriction (d.) applies only if coverage is subject to one of the following, which
exclude loss or damage caused by or resulting from corrosive soil conditions:
(1) Capital Assets Program Coverage Form (Output Policy);
(2) Commercial Property Coverage Part — Causes Of Loss — Special Form; or
(3) Farm Coverage Part — Causes Of Loss Form — Farm Property, Paragraph D. Covered Causes
Of Loss —Special.
3. We are not required to send notice of nonrenewal in the following situations:
a. If the transfer or renewal of a policy, without any changes in terms, conditions, or rates, is between
us and a member of our insurance group.
b. If the policy has been extended for 90 days or less, provided that notice has been given in
accordance with Paragraph CA.
c. If you have obtained replacement coverage, or if the first Named Insured has agreed, In writing,
within 60 days of the termination of the policy, to obtain that coverage.
d. If the policy is for a period of no more than 60 days and you are notified at the time of issuance that
it will not be renewed.
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