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Insurance - Municipal Maintenance Equipment Inc - 2015-11-02ACORO CERTIFICATE OF LIABILITY INSURANCE DATE YYYY) 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 CONSTIT&E 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 policyfies) 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 CRAIG G DISLASI CONTACT NAME SenhY Customer Service PHCNNo - 800-447-0633 FAX o: 888533-7827 EMAIL POLICY EXP MAD ADDRESS: busheavroducts ssdoOsenby,00m INSUFIFR(S) AFFORDING COVERAGE NAIC N X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE M OCCUR INSURER A: SENTRY SELECT INSURANCE COMPANY 21180 INSURED INSURER B MUNICIPAL MAINTENANCE EQUIPMENT INC 2360 HARVARD ST INSURER C: D : Z:NSURER SACRAMENTO, CA 0815! E : GENT AGGREGATE UMITAPPUES PER: X PRO LOC POLICY JECT OTHER: INSURER F: l !:H 11tI11A 1 t NUMULK: Ul l b THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED 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 LTR TYPE OF INSURANCE ADDL INSR SUER WVD POLICY NUMBER POLICY EFF MD A POLICY EXP MAD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE M OCCUR X 49-6]716-12 72/75/2015 12/15/2016 EACH OCCURRENCE $ 500,000 DAMAGE TO RENTED PREMISES aoccurrence $100,000 MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $500,000 GENT AGGREGATE UMITAPPUES PER: X PRO LOC POLICY JECT OTHER: GENERAL AGGREGATE $1,500,000 PRODUCTS-COMP/OP AGG $ 1,500,000 A AUTOMOBILE 1XANY LIABILITY AUTO SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 49-67776-12 12/15/2015 12/15/2016 COMBINED SINGLE LIMIT $ 500,000 a BODILY INJURY (Par Persm) $ BODILY INIURY(Par accidetA $ PROPERTY DAMAGE $ A X X UMBRELLA LIAR EXCESS LIAR X OCCUR CLAIMS -MADE 0.9-67776-12 12/15/2015 12115/2016 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 9,000,000 DED I I RETENTION $ PRODUCTS - COMP/OP AGG $ 9,000,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIFTOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A 49-67]76-14 12/15/2015 12/15/2016 X PER OR - STAME EE E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE- EA EMPLOYEE $ 500,000 E.L. DISEASE- POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additimal Remarks Sdmdule, may be attached it more spaea is required) Refer to attached CERTIFICATE HOLDER CANCELLATION COSTA MESA SANITARY DISTRICT 628 W 79TH STREET COSTA MESA, CA 92627 �+(L SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REP EENNTATIVE ACORD 25 (2014/01) 4967776 0116 1 00001 0000000444 15307 0 N Page 1 of 2 ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD R050EE21-7DBB-4FSA-AC98-87D1 F32CF569 11/02/2015 AGENCY CUSTOMER ID: ACRO® LOC u: ADDITIONAL REMARKS SCHEDULE Page _L_ of 2 AGENCY NAMED INSURED CRAIG G DIBLASI MUNICIPAL MAINTENANCE EQUIPMENT INC POLICY NUMBER 49-67776-12 CARRIER NAIC CODE EFFECTIVE DATE: 12/15/2015 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. 4967776 The ACORD name and logo are registered marks of ACORD 11/02/2015 SENTRY SELECT INSURANCE COMPANY THE SENTRY PLAN STEVENS POINT, WISCONSIN POLICY (A PARTICIPATING STOCK COMPANY) A MEMBER OF THE SENTRY FAMILY OF INSURANCE COMPANIES GENERAL LIABILITY DECLARATIONS POLICY NUMBER 49-67776-12 NAME INSURED: MUNICIPAL MAINTENANCE EQUIPMENT INC ADDITIONAL INSURED SCHEDULE The following information is required to complete the accompanying additional insured endorsement which forms a part of the Named Insured's COMMERCIAL GENERAL LIABILITY COVERAGE PART. ADDITIONAL INSURED ENDORSEMENT EFFECTIVE COSTA MESA SANITARY DISTRICT CG 20 10 04 13 FROM DECEMBER 15, 2015 628 W 19TH STREET TO DECEMBER 15, 2016 COSTA MESA, CA 92627 (CERTIFICATE NUMBER 0116) LOCATION(S) OF COVERED OPERATIONS ALL LOCATIONS FOR ENDORSEMENT TEXT, SEE OVER. CG 89 01 11 85 (MECH) MUN 49-67776-12 40 151 11-02-2015 (000 0116) OIT16ORG 04239 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in party by: Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occuring 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. CG 20 10 04 13 0 Insurance Services Office, Inc., 2012 Pagel of 2 01T18NRS POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. GG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2 01T18NR2 COMMERCIAL EXCESS/UMBRELLA LIABILITY EU 70 89 0514 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED ACTIVITY This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS/UMBRELLA LIABILITY COVERAGE PART Section I — Coverages, Coverage U — Umbrella Liability, Exclusion C. 17. Electronic Data, is replaced by the following: C. Exclusions This insurance does not apply to: 17. Access Or Disclosure Of Confidential Or Personal Information And Data Related Liability Damages arising out of: a. Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information: or EU 70 89 0514 MU N 49-67776-1260151 1 00001 0000000522 15307 0 N 1017F442 -8730 -4765 -8C05 -E10000905719 b. The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data". This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses, or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph a. or b. above. Page 1 of 1 11/02/2016 COMMERCIAL EXCESS/UMBRELLA LIABILITY EU 88 0012 07 COMMERCIAL EXCESS/UMBRELLA LIABILITY COVERAGE 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, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and 'bur" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section 11 - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V - Definitions. Section I - Coverages Coverage E - Excess Liability A. Insuring Agreement 1. We will pay on behalf of the insured the "ultimate net loss" in excess of "underlying insurance" because of: a. "Bodily injury"; b. "Property damage"; c. "Personal and advertising injury"; or d. "Error or omission" to which this insurance applies. 2. This insurance applies to "bodily injury", "property damage", "personal and advertising injury" and "error or omission" only if: a. Caused by an "occurrence"; b. The "bodily injury", "property damage", "personal and advertising injury" or "error or omission" occurs during the policy period; and c. "Underlying insurance" applies. 3. This insurance is subject to the same terms, conditions, agreements, exclusions and definitions as the "underlying insurance" except: a. We will have no obligation under this insurance with respect to any claim that is settled without our consent; and b. With respect to any provisions to the contrary contained in this insurance. EU 88 0012 07 MU N 49-67776-12 60151 4. We will be liable only for "ultimate net loss" resulting from any one 'occurrence" in excess of: a. The applicable limits of liability of the "underlying insurance" as stated in the Declarations; or b. The limits of "underlying insurance" that have been reduced or exhausted by payment of loss. 5. The amount we will pay for the "ultimate net loss" is limited as described in Section III - Limits of Insurance. 6. We will have no other obligation or liability to pay sums or perform acts or services unless such obligation or liability is explicitly provided for under Coverage E Defense or Supplementary Payments - Coverage E and U. B. Defense 1. When the limits of the "underlying insurance" have been used up in the payment of judgments or settlements, we will have the: a. Right and duty to defend the insured against any "suit'; or b. Right, at our discretion, to investigate and settle any claim to which this insurance applies. 2. When the limits of "underlying insurance" have not been used up in the payment of judgments or settlements, but the claim is likely to involve us, we will have the right and shall be given the opportunity to associate with the insured and the "insured's" "underlying insurer" in the investigation or settlement of a claim or defense of a "suit". 3. We will have no duty to defend any insured against any "suit": a. Seeking damages to which this insurance does not apply; or b. After the applicable Limit of Insurance of this Coverage Part has been used up in the payment of judgments or settlements. C. Exclusions This insurance does not apply to: Includes Copyrighted Material Of Insurance Services Office, Inc., With Its Permission. 1 00009 OOOOOON23 15307 0 N ADA6&56A-7687-4A55-9DBF-E38CEC951 F6C Page 1 of 18 11/02/2015 COMMERCIAL EXCESS/UMBRELLA LIABILITY COVERAGE - CONTINUED No Underlying Insurance "Bodily injury% "property damage", "personal and advertising injury" or "error or omission" to which "underlying insurance" does not apply for any reason other than the exhaustion of "underlying insurance" limits of liability. 2. Unscheduled Underlying Insurance Except as provided in the definition of "underlying insurance", any injury, damage, loss, cost or expense to which "underlying insurance" applies if the injury, loss, cost or expense is the subject of a separate limit of liability which is not stated in the Declarations of this Coverage Part under the schedule of "underlying insurance". 3. Pollution a. "Bodily injury", "property damage", "personal and advertising injury" or "error or omission" which would not have occurred in whole or in part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. This exclusion does not apply: (1) To "bodily injury" if sustained within a building which is or was at any time owned or occupied by, or rented or loaned to any insured and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (2) To "bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; or (3) To "bodily injury" to any "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business. b. Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". c. This Pollution Exclusion applies whether or not: (1) Such irritant or contaminant has any function in your business, operations, premises, site or location; or (2) The "bodily injury", "property damage", "personal and advertising injury" or "error or omission" arises from environmental damage or pollution of the environment. This exclusion applies to all "bodily injury", "property damage", "personal and advertising injury" or "error or omission" within the scope of this exclusion, including, for example and without limitation, from exposure to "pollutants" within a residential or commercial building or from discharges of "pollutants" from "Your product". 4. Asbestos a. "Bodily injury", "property damage", "personal and advertising injury" or "error or omission" caused in whole or in part by the actual, alleged or threatened: (1) Inhalation of, ingestion of, or physical exposure to "asbestos"; (2) Use of "asbestos" in construction or manufacture of any goods, products or structures; (3) Removal of "asbestos" from any goods, products or structures; (4) Manufacture, sale, transport, storage or disposal of "asbestos"; or (5) Discharge, dispersal, seepage, migration, release or escape of "asbestos". b. Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "asbestos"; or Page 2 of 18 Includes Copyrighted Material Of Insurance EU 88 00 12 07 MUN 49-67776-1260 151 Services Office, Inc., With Its Permission. 11/02/2015 COMMERCIAL EXCESS/UMBRELLA LIABILITY COVERAGE - CONTINUED (2) Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of, °asbestos". 5. Employment -Related Practices "Bodily injury" or "personal and advertising injury" to: a. A person arising out of any: (1) Refusal to employ that person; (2) Termination of that person's employment; or (3) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person; or b. The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" or "personal and advertising injury" to that person at whom any of the employment-related practices described in Paragraph a.(1), a.(2) or a.(3) above is directed. This exclusion applies (1) Whether the injury -causing event, described in Paragraphs a.(1), a.(2) or a.(3) above occurs before employment, during employment or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of injury. 6. Laws Any liability or obligation for which the insured or the insured's "underlying insurer" may be held liable under: a. Workers' Compensation, disability benefits or unemployment compensation law; b. The Employee's Retirement Income Security Act (E.R.I.S.A.), and any amendments thereto; c. Any "auto" no-fault, personal injury protection or uninsured or underinsured motorist law; d. Any federal, state or local odometer law, auto damage disclosure law, used car disclosure law or aftermarket parts disclosure law; EU 88 00 12 07 MU N 49-67776-12 60151 e. Any federal, state or local truth in lending, truth in leasing, consumer credit protection or consumer leasing law; or f. Any other similar federal, state or local law. 7. Title Paper Preparation Liability arising out of any negligent act, omission or other error in "title paper preparation". 8. Warranties And Damage To Your Product Or Your Work "Property damage": a. To the extent "your product" or "your work" does not meet a level of performance, quality, fitness or durability warranted or representated by the insured. This exclusion does not apply to any resulting accidental physical injury to tangible property other than "your product" or "your work". b. To "your product" arising out of it or any part of it. c. To "your work" arising out of it or any part of it, but this exclusion does not apply if the damaged work or the work out of which the damage arises was performed on behalf of an insured by a subcontractor. d. To the extent that a written warranty, extended warranty or service agreement provides for the repair or replacement of "your product" or "your work". Coverage U - Umbrella Liability A. Insuring Agreement 1. We will pay on behalf of the insured the "ultimate net loss" in excess of the Retained Limit stated in the Declarations because of "bodily injury" or "property damage" to which this insurance applies. 2. This insurance applies to "bodily injury" and "property damage" only if: a. Caused by an "occurrence" anywhere in the world; b. The "bodily injury" or "property damage" occurs during the policy period; c. "Underlying insurance" does not apply; and Includes Copyrighted Material Of Insurance Services Office, Inc., With Its Permission. 3 00009 0000000523 15307 0 N ADA6956A-7697-4A55-9DBF-E39CEC951 F6C Page 3 of 18 11/02/2015 COMMERCIAL EXCESS/UMBRELLA LIABILITY COVERAGE - CONTINUED d. Prior to the policy period, no insured listed under Paragraph A.1. of Section II - Who Is An Insured Coverage U - Umbrella Liability and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. 3. 'Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph A.I. of Section II - Who Is An Insured Coverage U - Umbrella Liability or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period. 4. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph A.I. of Section II - Who Is An Insured Coverage U - Umbrella Liability or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: a. Reports all or any part of the "bodily injury" or "property damage" to us or any other insurer; b. Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or c. Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. 5. The amount we pay for the "ultimate net loss" is limited as described in Section III - Limits of Insurance. 6. No other obligation or liability to pay sums or perform acts is covered unless explicitly provided for under Coverage U Defense or Supplementary Payments - Coverages E and U. B. Defense 1. In the absence of "underlying insurance", we will have the: a. Right and duty to defend the insured against any "suit"; or b. Right, at our discretion, to investigate and settle any claim to which this insurance applies. 2. We will have no duty to defend any insured against any "suit": a. Seeking damages to which this insurance does not apply; or b. After the applicable Limit of Insurance of this Coverage Part has been used up in the payment of judgments or settlements. C. Exclusions This insurance does not apply to: 1. Expected Or Intended "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. 2. Contractual Damages which the insured is obligated to pay by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability that the insured would have in the absence of the contract or agreement. 3. Employers Liability "Bodily injury" to: a. An "employee" or "temporary worker" of the insured arising out of and in the course of: (1) Employment by the insured; or (2) Performing duties related to the conduct of the insured's business; or b. The spouse, child, parent, brother or sister of that "employee" or "temporary worker" as a consequence of Paragraph a. above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. 4. Auto "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any "auto" within the United States (including its territories and possessions), Puerto Rico and Canada. Use includes operation and "loading and unloading". Page 4 of 18 Includes Copyrighted Material Of Insurance EU 88 0012 07 MUN 49-67776-12 60151 Services Office, Inc., With Its Permission_ 11102/2016 COMMERCIAL EXCESS/UMBRELLA LIABILITY COVERAGE - CONTINUED 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" involved in the ownership, maintenance, use or entrustment to others of any "auto". 5. Aircraft Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading and unloading". This exclusion does not apply to an aircraft that is: a. Chartered by, loaned to, or hired by you with a paid crew; and b. Not owned by any insured. 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, in the "occurrence" which caused the "bodily injury" or "property damage" involved in the ownership, maintenance, use or entrustment to others of any aircraft or watercraft that is owned or operated by or rented or loaned to any insured. 6. Damage To Property "Property damage" to: a. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; b. Property loaned to you; c. Personal property in the care, custody or control of the insured; d. 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 e. That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. EU 88 0012 07 MU N 49-67776-12 60151 7. Damage To Your Product "Property Damage" to "your product" arising out of it or any part of it. 8. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: a. A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or b. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. 9. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: a. "Your product": b. "Your work'; or c. "Impaired property if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. 10. Personal And Advertising Injury "Personal and advertising injury". 11. Excess Liability Any damages or expenses to which Coverage E applies. 12. Electronic Year Recognition "Bodily injury" or "property damage" arising directly or indirectly out of: a. Any actual or alleged failure, malfunction or inadequacy of: (1) Any of the following, whether belonging to any insured or to others: (a) Computer hardware, including microprocessors; (b) Computer application hardware; (c) Computer operating systems and related software; (d) Computer networks; (e) Microprocessors (computer chips) not part of any computer system; or (f) Any other computerized or electronic equipment or components; or Includes Copyrighted Material Of Insurance Services Office, Inc., With Its Permission. 5 00009 0000000523 15307 0 N ADAGB56A-7687-4A55-9DBF-E38CEC951F6C Page 5 of 18 11/02/2015 COMMERCIAL EXCESS/UMBRELLA LIABILITY COVERAGE - CONTINUED (2) Any other products and any services, data, or functions that directly or indirectly use or rely upon in any manner, any of the items listed in Paragraph a.(1) above; due to the inability to correctly recognize, process, distinguish, interpret or accept any calendar date or time of day. b. Any advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement or supervision provided or done by you or for you to determine, rectify or test for, any potential or actual problems described in Paragraph a. of this exclusion. 13. Products -Completed Operations Hazard "Bodily injury" or "property damage" included within the "products -completed operations hazard". 14. Employee Benefits Damages arising out of an "error or omission" committed in the "administration" of "employee benefits". 15. Professional Services "Bodily injury" or "property damage" due to the rendering or failure to render any professional service, including but not limited to: a. Legal, accounting or advertising services; b. Preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; c. Electronic data processing, computer consulting, computer programming or computer software services, advice or instruction; d. Supervisory, inspection or engineering services; e. Medical, surgical, dental, x-ray or nursing services; treatment, advice or instruction; f. Any health or therapeutic service, treatment, advice or instruction; g. Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement or personal grooming; h. Optometry or optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses or similar products or hearing aid services; i. Body piercing services; j. Services in the practice of pharmacy; k. Law enforcement or firefighting services; I. Handling, embalming, disposal, burial, cremation or disinterment of dead bodies; and m. Any insured's activities as an "insurance agent". 16. War "Bodily injury" or "property damage", however caused, arising directly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. 17. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data". 18. Fungi Or Bacteria a. "Bodily injury" or "property damage" which would not have occurred, in whole or in part, but for the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, any "fungi" or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such injury or damage. b. Any loss, cost or expenses arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, "fungi" or bacteria, by any insured or by any other person or entity. 19. Racing Activities "Bodily injury" or "property damage" arising out of the sponsorship or use of "all terrain vehicles", "mobile equipment", watercraft or "autos" in or while in practice for or while being prepared for, any prearranged professional or organized racing, speed, demolition, or stunting activity or contest. Page 6 of 18 Includes Copyrighted Material Of Insurance EU 88 0012 07 MUN 49-67776-1260 151 Services Office, Inc-, With Its Permission. 11/02/2015 COMMERCIAL EXCESS/UMBRELLA LIABILITY COVERAGE - CONTINUED 20. Pollution a. "Bodily injury" or "property damage", which would not have occurred in whole or in part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. b. Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to or assess the effects of "pollutants"; or (2) Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of "pollutants". c. This Pollution Exclusion applies whether or not: (1) Such irritant or contaminant has any function in your business, operations, premises, site or location; or (2) The "bodily injury" or "property damage" arises from environmental damage or pollution of the environment. This exclusion applies to all "bodily injury" and "property damage" within the scope of this exclusion, including, for example and without limitation, from exposure to "pollutants" within a residential or commercial building or from discharges of "pollutants" from "your product". 21. Asbestos a. "Bodily injury" or "property damage" caused in whole or In part by the actual, alleged or threatened: (1) Inhalation of, ingestion of, or physical exposure to "asbestos"; (2) Use of "asbestos" in construction or manufacture of any goods, products or structures; (3) Removal of "asbestos" from any goods, products or structures; (4) Manufacture, sale, transport, storage or disposal of "asbestos"; or (5) Discharge, dispersal, seepage, migration, release or escape of "asbestos". EU 88 0012 07 MU N 49-67776-12 60151 b. Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "asbestos"; or (2) Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "asbestos". 22. Employment -Related Practices "Bodily injury" to: a. A person arising out of any: (1) Refusal to employ that person; (2) Termination of that person's employment; or (3) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, harassment, humiliation, discrimination or malicious prosecution directed at that person; or b. The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment-related practices described in Paragraph a.(1), a.(2) or a.(3) above is directed. This exclusion applies: (1) Whether the injury -causing event described in Paragraphs a.(1), a.(2) or a.(3) above occurs before employment, during employment or after employment of that person - (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. 23. Laws Any liability or obligation for which the insured may be held liable under: a. Workers' Compensation, disability benefits or unemployment compensation law; b. The Employee's Retirement Income Security Act (E.R.I.S.A.), and any amendments thereto, c. Any "auto" no-fault, Personal Injury Protection or Uninsured or Underinsured Motorist Law; Includes Copyrighted Material Of Insurance Services Office, Inc., With Its Permission. 7 00009 0000000.523 15307 0 N ADA6656A.7667-4A55-9DBF-E39CEC951 F6C Page 7 of 18 11/02/2015 COMMERCIAL EXCESS/UMBRELLA LIABILITY COVERAGE - CONTINUED d. Any federal, state or local odometer law, auto damage disclosure law, used car disclosure law or aftermarket parts disclosure law; e. Any federal, state or local truth in lending, truth in leasing or consumer leasing law; I. Recording and distribution of material or information in violation of: (1) The Telephone Consumer Protection Act (TCPA), Including any amendment of or addition to such law; (2) The CAN -SPAM Act of 2003, including any amendment of or addition to such law; or (3) Any statute, ordinance or regulation, other than the TCPA or CAN -SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating, or distribution of material or information; or (4) The Fair Credit Reporting Act (FCRA), including any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act (FACTA); (5) The Fair Debt Collection Practices Act (FDCPA), including any amendment of or addition to such law; or (6) Any federal, state or local statute, ordinance or regulation other than TCPA, CAN -SPAM Act of 2003, FCRA or FDCPA and their amendments and additions that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information; or g. Any other similar federal, state or local law. 24. All Terrain Vehicle "Bodily injury" or 'property damage" arising out of the ownership, maintenance or use, lease, rental or other entrustment to others of any "all terrain vehicle" snowmobile, miniature motorcycle (also known as a mini -bike or pocket bike) or motorcycle (designed exclusively for off public road use) that is owned or operated by or rented or loaned to any insured. 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 the insured 'rf the "occurrence" which caused the "bodily injury" or "property damage" Involved in the ownership, maintenance or use, lease, rental or other entrustment to others of an "all terrain vehicle" that is owned or operated by or rented or loaned to any insured. 25. Terrorism "Bodily injury" or "property damage" caused directly or indirectly by "terrorism", including action in hindering or defending against an actual or expected incident of "terrorism". This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage. 26. Silica Or Silica -Related Dust a. 'Bodily injury" arising, in whole or in part, out of the actual, alleged, threatened or suspected inhalation of or ingestion of, "silica" or "silica -related dust". b. "Property damage" arising, in whole or in part, out of the actual, alleged, threatened or suspected contact with, exposure to, existence of, or presence of, "silica" or "silica -related dust". c. Any loss, cost or expense arising in whole or in part, out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to or assessing the effects of "silica" or "silica -related dust' by any Insured or by any other person or entity. 27. Nuclear Energy a. To "bodily injury" or "property damage" (1) With respect to which an insured under Coverage U is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or Page 8 of 18 Includes Copyrighted Material Of Insurance EU 88 0012 07 MUN 49-67776-1260151 Services Office, Inc., With Its Permission. 11/02/2016 COMMERCIAL EXCESS/UMBRELLA LIABILITY COVERAGE - CONTINUED (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which: (a) Any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or (b) The insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. b. To "bodily injury" or "property damage" resulting from "hazardous properties" of "nuclear material", if: (1) The "nuclear material": (a) Is at any "nuclear facility" owned by or operated by or on behalf of an insured; or (b) Has been discharged or dispersed there from. 2• (2) The "nuclear material" is contained in "spent fuel" or "waste material" at any time possessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an insured; or (3) The "bodily injury" or "property damage" arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility", but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to "property damage" to such "nuclear facility" and any property thereat. Supplementary Payments - Coverages E And U 1. When we have the duty to defend, we will pay with respect to any claim we investigate or settle, or any "suit" against an insured we defend. a. All expenses we incur. b. Up to $2,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "occurence" we cover. We do not have to furnish these bonds. EU 88 0012 07 MU N 49-67776-12 60 151 c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 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 $300 a day because of time off from work. e. All court costs taxed against the insured in the "suit". However, these payments do not include attorney's fees or attorneys' expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. When we have the right but not the duty to defend the insured and elect to participate in the defense, we will pay our own expenses but will not contribute to the expenses of the insured or the "underlying insurer". 3. These payments will not reduce the limits of insurance. 4. Under Coverage U, these payments are not subject to the Retained Limit stated in the Declarations. Section II - Who Is An Insured The following persons or organizations are insureds under this Coverage Part: Coverage E - Excess Liability A. Except for liability arising out of the ownership, maintenance or use of an "auto": 1. The Named Insured shown in the Declarations; and 2. Any person or organization who is an insured or an additional insured in the "underlying insurance", but only to the extent the "underlying insurance" applies. If coverage provided to an additional insured is required by contract or agreement, the most we will pay on behalf of the additional insured is the lesser of the amount payable under Section III - Limits of Insurance or the amount of insurance required by the contract or agreement, less any amounts payable by "underlying insurance". Includes Copyrighted Material Of Insurance Services Office, Inc., With Its Permission. 9 0009 0000000523 15307 0 N ADA6656A-7687-a55-9DBF-E38CEC951 FSC Page 9 of 18 11/02/2015 COMMERCIAL EXCESS/UMBRELLA LIABILITY COVERAGE- CONTINUED B. For liability arising out of the ownership, 2. Each of the following is also an insured: maintenance or use of an "auto": a. Your "volunteer workers" only while 1. The Named Insured shown in the Declarations; performing duties related to the conduct of and your business, your "employees", other than either your "executive officers" (if you 2. Any person, including their "family members", are an organization other than a or organization scheduled as a Designated partnership, joint venture or limited liability Insured in the Declarations but only with company) or your managers (f you are a respect to: limited liability company), but only for acts a. Any "auto" used in your business except within the scope of their employment by an "auto" owned by a Designated Insured you or while performing duties related to or, if an individual, his or her "family the conduct of your business. However, members"; or none of these "employees" or "volunteer b. Personal use of any "auto" you own, workers" are an insured for: borrow or hire except an "auto" you borrow (1) "Bodily injury": or hire from the Designated Insured or, if (a) To you or your partners or members an individual, his or her "family members". (rt you are a partnership or joint Coverage U - Umbrella Liability venture), to your members (if you A. Except for liability arising out of the ownership, are a limited liability company) to a maintenance or use of an "auto": co -"employee" in the course of his or her employment or performing 1. if you are designated in the Declarations as: duties related to the conduct of your a. An individual, you and your spouse are business or to your other "volunteer insureds, but only with respect to the workers" while performing duties conduct of a business of which you are the related to the conduct of your sole owner. business; b. A partnership or joint venture, you are an (b) To the spouse, child, parent, brother insured. Your members, your partners and or sister of that co -"employee" or their are also insureds, but only "volunteer worker" as a spouses with respect to the conduct of your consequence of Paragraph (1)(a) business. above; c. A limited liability company, you are an (c) For which there is an obligation to insured. Your members are also insureds, share damages with or repay but only with respect to the conduct of someone else who must pay your business. Your managers are damages because of the injury insureds, but only with respect to their described in Paragraghs (1)(a) or (b) duties as your managers. above; or d. An organization other than a partnership, (d) Arising out of his or her providing or joint venture, or limited liability company, failing to provide professional health you are an insured. Your "executive care services. officers" and directors are insureds, but (2) "Property damage" to property: only with respect to their duties as your officers or directors. Your stockholders are (a) Owned, occupied or used by; also insureds, but only with respect to their (b) Rented to, in the care, custody or liability as stockholders. control of, or over which physical e. A trust, you are an insured. Your trustees control is being exercised for any are also insureds, but only with respect to purpose by their duties as trustees. you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a liability company). b. Any person (other than your "employee" or "volunteer worker") or any organization while acting as your real estate manager. Page 10 of 18 Includes Copyrighted Material Of Insurance EU 88 0012 07 MUN 49-67776-12 601 S1 Services Office, Inc., With Its Permission. 11102/2015 COMMERCIAL EXCESS/UMBRELLA LIABILITY COVERAGE - CONTINUED c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to the organization. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier; and b. Coverage does not apply to "bodily injury", "property damage" or "personal and advertising injury" that occurred before you acquired or formed the organization. B. Only a Named Insured is an insured with respect to liability arising out of the ownership, maintenance or use of an "auto". 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. Section III - Limits Of Insurance A. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay under Coverages E and U combined regardless of the number of: 1. Insureds; 2. Coverages provided by this Coverage Part; 3. Claims made, "suits" brought, or number of vehicles or watercraft involved; or 4. Persons or organizations making claims or bringing "suits". B. The General Aggregate Limit is the most we will pay for the sum of all "ultimate net loss" under Coverages E and U, except "ultimate net loss" because of "bodily injury" or "property damage": 1. Arising out of the ownership, maintenance, use, "loading or unloading" or entrustment to others of an "auto"; or 2. Included in the "products -completed operations hazard". EU 88 00 12 07 MU N 49-67776-12 60 151 C. The Products -Completed Operations Aggregate Limit is the most we will pay for the sum of all "ultimate net loss" under Coverage E because of "bodily injury" or "property damage" included in the "products -completed operations hazard". D. Subject to Paragraph B or Paragraph C above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of all "ultimate net loss" under Coverages E and U because of all damages arising out of any one "occurrence". The Aggregate Limits, as described in Paragraphs B and C above, apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining Limits of Insurance. Section IV - Conditions We have no duty to provide coverage under this Coverage Part unless you and any other involved insured have fully complied with the Conditions contained in this Coverage Part. A. Appeals If the "underlying insurer" or insured elects not to appeal a judgment in excess of the available limit of "underlying insurance" or the retained limit stated in the Declarations, we may do so at our own expense. We will be liable for taxable costs, interest and disbursements. Such appeal does not increase the Limits of Insurance. B. Bankruptcy 1. Bankruptcy Of Insured Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Bankruptcy Of Underlying Insurer Bankruptcy of the "underlying insurer" will not relieve us of our obligation under Coverage E. However, this insurance will apply as if the "underlying insurance" were in full effect. C. Duties in The Event Of Occurrence, Claim Or Suit 1. You must see to it that we are notified as soon as practicable of an "occurrence", regardless of the amount, which may result in a claim. To the extent possible, notice should include: a. How, when and where the "occurrence" took place; b. The names and addresses of any injured persons and witnesses; and c. The nature and location of any injury or damage arising out of the "occurrence". Includes Copyrighted Material Of Insurance Services Office, Inc., With Its Permission. 11 00009 ODOOOOO523 15307 0 N ADA6656A-76B7-4A55-9DBF-E36CEC951 F6C Page 11 of 18 11/02/2015 COMMERCIAL EXCESS/UMBRELLA LIABILITY COVERAGE- CONTINUED 2. If a claim is made or "suit" is brought against any insured, you must: a. Immediately record the specifics of the claim or "suit" and the date received; and b. Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. 3. You and any other involved insured must: a. Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; b. Authorize us to obtain records and other information; c. Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and d. Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. 4. No insured will, except as the insured' own cost, voluntarily make a payment, assume any obligation or Incur any expense, without our consent. D. Expanded Coverage Territory 1. If a "suit" to which this insurance applies is brought outside the United States of America (including its territories and possessions), Puerto Rico or Canada, we will have the right but not the duty to defend the insured against such "suit". In any such case in which we elect not to defend, the insured will at our option and under our supervision: a. Make or cause to be made such investigation and defense as are reasonably necessary; and b. To the extent possible, effect such settlement or settlements as we shall deem proper. We will reimburse the insured, under Supplementary Payments - Coverage E and U, for the reasonable cost of such investigation and defense and, within the limits of liability, for the amounts of such authorized settlement. 2. All payments or reimbursements we make for damages because of judgments or settlements will be made in U.S. currency at the prevailing exchange rate at the time the insured became legally obligated to pay such sums. All payments or reimbursements we make for expenses under Supplementary Payments - Coverages E and U will be made in -U.S. currency at the prevailing exchange rate at the time the expenses wera incurred. 3. Any disputes between you and us as to whether there is coverage under this Coverage Part must be filed in the courts of the United States of America (including its territories and possessions), Puerto Rico or Canada. E. Legal Action Against Us No person or organization has a right under this Coverage Part. 1. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or 2. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured, and the claimant or the claimant's legal representative. F. Loss Payable We will have no liability under Coverage E unless and until the insured' "underlying insurer" has become obligated to pay the underlying limit. We will have no obligation under Coverage U unless and until the insured has become obligated to pay the retained limit. Such obligation to pay part of the "ultimate net loss" shall have been previously determined by a final settlement or judgment after an actual trial or written agreement between the insured, claimant, and us. The first Named Insured shown in the Declarations will promptly reimburse us for any damages we pay which are within the Retained Limit stated in the Declarations. G. Maintenance of Underlying Insurance - Coverage E - Excess Liability You shall maintain in full force and effect during the term of this Coverage Part all "underlying insurance" stated in the Declarations. In the event you fail to do so: 1. coverage E will apply only to the extent that it would have applied if the "underlying insurance" had been maintained as specified; and Page 12 of 18 Includes Copyrighted Material Of Insurance EU 88 0012 07 MUN 49-67776-12 60 151 Services Office, Inc., With its Permission. 11/02/2015 COMMERCIAL EXCESS/UMBRELLA LIABILITY COVERAGE - CONTINUED 2. Coverage will not fill the "underlying insurance" gap created by your failure to maintain Coverage E "underlying insurance". Failure to reinstate any aggregate limit reduced or exhausted solely by "occurrences" which take place during the term of this Coverage Part shall not be interpreted as failure to maintain "underlying insurance" in force. H. Otherinsurance 1. This insurance is excess over, and shall not contribute with, any other insurance, whether primary, excess, contingent or on any other basis. This condition will not apply to insurance secifically written as excess over this Coverage Part. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured' rights against all those other insurers. 2. When this insurance is excess over other insurance, we will pay only our share of the "ultimate net loss" that exceeds the sum of: a. The total amount that all such other insurance would pay for the loss in the absence of this insurance; and b. The total of all deductible and self-insured amounts under all that other insurance. I. Premium Audit 1. We will compute all premiums for the Coverage Part in accordance with our rules and rates. 2. The premium for this Coverage Part is designated in the Declarations as an Advance Premium or a Flat Charge Premium: a. An Advance Premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. b. A Flat Charge Premium is not subject to audit or adjustment. 3. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. EU 88 0012 07 MU N 49-67776-12 60151 J. Representations Or Fraud By accepting this policy, you agree: 1. The statements in the Declarations are accurate and complete; 2. Those statements are based upon representations you made to us; 3. We have issued this policy in reliance upon your representations; and 4. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. K. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned to the first Named Insured, this insurance applies: 1. As if each Named Insured were the only Named Insured; and 2. Separately to each insured against whom claim is made or "suit" is brought. L. Coverage E - Transfer Of Defense When the underlying limits of insurance have been used up in the payment of judgments or settlements, the duty to defend will be transferred to us. We will cooperate in the transfer of control to us of any outstanding claims or "suits" seeking damages to which this insurance applies which would have been covered by the "underlying insurance" had the applicable limit not been used up. M. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us to enforce them. Any amounts recovered shall be apportioned in reverse order of payment, as follows: 1. The payer of any amount over and above our payment shall first be reimbursed; 2. We shall be reimbursed for the amount paid hereunder; and 3. Lastly, any remainder shall be applied to the interests of those to whom this coverage is excess. Each concerned interest will share expenses of recovery in proportion to the amounts recovered. Includes Copyrighted Material Of Insurance Services Office, Inc., With Its Permission. 13 0009 OOOOD00523 15907 0 N ADA6B56A-76B7-4A55-9DBF-E36CEC951F6C Page 13 of 18 11/02/2015 COMMERCIAL EXCESS/UMBRELLA LIABILITY COVERAGE - CONTINUED N. When We Do Not Renew 3. "All terrain vehicle" means a land motor vehicle whether or not subject to motor vehicle If we decide not to renew this Coverage Part, we registration: will mail or deliver to the first Named Insured shown In the Declarations written notice of the a. With three or four broad, low pressure tires nonrenewal not less than 30 days before the (less than 10 pounds per square Inch); expiration date. b. With a seat to be straddled by the operator If notice is mailed, proof of mailing will be and, where applicable, a passenger; sufficient proof of notice. c. With handlebars for steering; and O. Two Or More Coverage Forms Or Policies d. Designed for off-road use. Issued By Us 4. "Asbestos" means not only the natural fibrous If this Coverage Form and any other Coverage mineral forms of impure magnesium silicate, but Form or policy issued to you by us or any also any material, good, product or structure of company affiliated with us apply to the same which it is a part. "occurrence", the aggregate maximum Limit of 5. "Auto" means: Insurance under all the Coverage Forms or policies shall not exceed the highest applicable a. A land motor vehicle, trailer or semitrailer Limit of Insurance under any one Coverage Form designed for travel on public roads, including or policy. This condition does not apply to any any attached machinery or equipment; or Coverage Form or policy issued by us or an b. Any other land motor vehicle that is subject to affiliated company to apply: compulsory or financial responsibility law or 1. As "underlying insurance"; or other motor vehicle insurance law in the state this where it is licensed or principally garaged. 2. Specifically as excess insurance over Coverage Form or Policy. However, "auto" does not include "mobile Section V - Definitions equipment". 6. "Bodily injury" means bodily injury, disability, 1. "Administration" means: sickness or disease sustained by a person, a. Providing Information to "employees", including death resulting from any of these at any including their dependents and beneficiaries, time. "Bodily injury" includes mental anguish or with respect to eligibility for or scope of other mental injury resulting from "bodily injury". "employee benefit"; Damages because of "bodily injury" include b. Interpreting "employee benefit"; damages claimed by any person or organization c. Handling of records in connection with for care, loss of services, or death resulting at any "employee benefit"; or time from the "bodily injury". d. Effecting, continuing or terminating any 7. "Electronic data" means information, facts or "employee's" participation in any benefit programs stored as or on, created or used on , or included in "employee benefits" transmitted to or from computer software, including systems and applications software,hard by you or a person or organization authorized by or floppy disks, CD-ROMS, tapes, drives, cells, you to perform such acts. data processing devices or any 'other media However, "administration" does not include which are used with electonically controlled handling payroll deductions. equipment. 2. "Advertisement" means a notice that is broadcast 8, "Employee" includes a "leased worker". or published to the general public or specific "Employee" does not include a "temporary market segments about your goods, products or worker". services for the purpose of attracting customers However, with respect to "employee benefits" to or supporters. For the purposes of this definition: which: a. Notices that are published include material a. Coverage E may apply, "employee" does not placed on the internet or on similar electronic include a "leased worker" ora "temporary means of communication; and worker" b. Regarding web -sites, only that part of a b. Coverage U does not apply, "employee" web site that is about your goods, products or means a person actively employed, formerly services for the purposes of attracting an employed, or on leave of absence, disabled or customers or supporters is considered retir"Employee" includes a "leased worker" advertisement. or a "temporary worker". Page 14 of 18 Includes Copyrighted Material Of Insurance EU 88 0012 07 MON 49-67776.12 60151 Services Office, Inc., With Its Permission. 11/02/2015 COMMERCIAL EXCESS/UMBRELLA LIABILITY COVERAGE - CONTINUED 9. "Employee benefits" means: a. Insurance programs for: (1) Group life; (2) Group accident and health; (3) Dental vision and hearing plans; (4) Flexible Spending Accounts; (5) Social Security and disability benefits; (6) Workers' compensation; and (7) Unemployment. b. Group plans for: (1) Profit sharing; (2) Pension; (3) Employee stock subscription; (4) Employee savings plans; and (5) Employee stock ownership plans. c. Vacation plans, including buy and sell programs; leave of absence programs, including military, maternity, family and civil leave; tuition assistance plans; transportation and health club subsidies; and d. Other similar employee benefits identified by separate endorsement. The above plans must be provided by you and are applicable only to you and your "employees". 10."Error or omission" means an act negligently committed: a. In the "administration" of your "employee benefits"; or b. An insured's activities as an "insurance agent'; specifically identified in the Declarations of this Coverage Part under the schedule of "underlying insurance". 11. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, 12."Family member" means a person related to an individual by blood, marriage or adoption who is a resident of the individual's household, including a ward or foster child. 13."Fungi" means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents, or byproducts produced or released by "fungi". 14."Hazardous properties" includes radioactive, toxic or explosive properties. 15."Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. EU 88 0012 07 MU N 49-67776-1260 151 16."Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work", that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your work"; or b. Your fulfilling the terms of the contract or agreement. 17."Insurance agent" means a person or organization duly licensed as an insurance agent, or the equivalent, by the regulatory authority in the state(s) in which you engage in the insurance business. "Insurance agent" does not mean an insurance solicitor, broker or consultant. 18."Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 19."Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto"- 20."Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or Includes Copyrighted Material Of Insurance Services Office, Inc., With Its Permission. 15 00009 0000000523 15307 0 N ADA6B56A-76B7-4A55-9DBF-E38CE0951 F6C Page 15 of 18 11/02/2015 COMMERCIAL EXCESS/UMBRELLA LIABILITY COVERAGE - CONTINUED (2) Road construction or resurfacing c. Any equipment or device used for the equipment such as graders, scrapers or processing, eat material" ing or at anyo time theof totaal l rollers; amount of such material in the custody of the e. Vehicles not described in Paragraph a., b., rc. e insured at the premises where such or d. above that are not self-propelled and are equipment or device is located consists of or maintained primarily to provide mobility to contains more than 25 grams of plutonium, or permanently attached equipment of the uranium 233 or any combination thereof or following types: more than 250 grams of uranium 235; (1) Air compressors, pumps and generators, d. Any structure, basin, excavation, premises, or including spraying, welding, building place prepared or used for the storage or cleaning, geophysical exploration, lighting disposal of "waste material"; and well servicing equipment; or (2) Cherry pickers and similar devices used to and includes the site on which any of the raise or lower workers; foregoing is located, all operations conducted on such site and all premises used for such f. Vehicles not described in Paragraph a., b., c. operations. or d. above maintained primarily for purposes22 "Nuclear material" means "source material", other than the transportation of persons or especial nuclear material" or "by-product cargo. material". "Source material", "special nuclear However, self-propelled vehicles with the material" and "by-product material" have the following types of permanently attached meanings given them in the Atomic Energy Act of equipment are not "mobile equipment" but will be 1954 or in any law amendatory thereof. considered "autos": 23."Nuclear reactor" means any apparatus designed (1) Equipment designed primarily for: or used to sustain nuclear fission in a self (a) Snow removal; supporting chain reaction or to contain a critical (b) Road maintenance, but not construction or mass of fissionable material. resurfacing; or 24."Occurrence" means: (c) Street cleaning; a. With respect to "bodily injury" and "property damage", an accident, including continuous or (2) Cherry pickers and similar devices mounted repeated exposure to substantially the same on automobile or truck chassis and used to general harmful conditions; raise or lower workers; and (3) Air compressors, pumps and generators, b. With respect to "personal and advertising injury", an offense; and including spraying, welding, building cleaning, geophysical exploration, lighting and well c. With respect to "error and omission", a servicing equipment. negligent act. However, "mobile equipment" does not include 25."Personal and advertising injury" means, injury, any land vehicles that are subject to a including consequential "bodily injury", arising out compulsory or financial responsibility law or other of one or more of the following offenses: motor vehicle insurance law in the state where it a. False arrest, detention or imprisonment; is licensed or principally garaged. Land vehicles b. Malicious prosecution; subject to a compulsory or financial responsibility law or other motor vehicle insurance law are c. The wrongful eviction from, wrongful entry into considered "autos". or invasion of the right of private occupancy of 21. "Nuclear facility" means: a room, dwelling or premises that a person occupies, committed by or on behalf of its a. Any "nuclear reactor"; owner, landlord or lessor; b. Any equipment or device designed or used d. Oral or written publication, In any manner, of for: material that slanders a person or organization (1) Separating the isotopes of uranium or or disparages a person's or organization's plutonium; goods, products or services; (2) Processing or utilizing "spent fuel"; or e. Common law violation of a person's right of 3 Handling, processing or packaging waste privacy; () 9.P 9 P 9 9" material"; f. Discrimination against or harassment of a person if: (1) Coverage for such discrimination or harassment is permitted by law; and Page 16 of 18 Includes Copyrighted Material Of Insurance EU 88 0012 07 MUN 49-67776-1260 151 Services Office, Inc_ With Its Permission. 11/02/2015 COMMERCIAL EXCESS/UMBRELLA LIABILITY COVERAGE - CONTINUED (2) The discrimination or harassment is not committed by or at the direction of: (a) You; (b) If you are an individual, your spouse; (c) If you are a partnership, a partner or his or her spouse; (d) If you are a joint venture, a member of the joint venture or his or her spouse; (e) If you are a limited liability company, any or your members or managers; or (f) If you are an organization other than a partnership, joint venture, or limited liability company, any of your "executive officers", directors, or stockholders. g. The use of another's advertising idea in your "advertisement"; or h. Infringing upon another's copyright, trade dress or slogan in your "advertisement". 26."Pollutants" means any solid, liquid, gaseous, bacterial, viral, electromagnetic or thermal irritant or contaminant, including but not limited to, smoke, vapor, soot, acids, alkalis, harmful or toxic chemicals, fuels, motor oil, petroleum products, cleaning solvents, dry cleaning fluids, brake fluid, transmission fluid, antifreeze, exhaust gases, lead, lead paint, carbon monoxide, sewage, ink, toner, waste and fumes, including but not limited to welding fumes, and glue fumes. Waste includes, but is not limited to, material to be recycled, reconditioned or reclaimed. A substance does not lose its character of being a "pollutant" by virtue of having a useful function. 27. "Products -completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your products" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. EU 88 0012 07 MU N 49-67776-12 60151 (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair, or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage° arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification on the Declarations of a policy of "underlying insurance" states that products -completed operations are subject to the General Aggregate Limit. 28."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; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. "Property damage" includes all forms of radioactive contamination of property. For the purpose of this insurance, "electronic data" is not tangible property. 29."Silica" means silicon dioxide (occurring in crystalline, amorphous and impure forms), silica particles, silica dust or silica compounds. 30."Silica-related dust" means a mixture or combination of silica or other dust or particles. 31."Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor". 32."Suit" means a civil proceeding in which damages because of "bodily injury", "property damage", "personal or advertising injury" or "errors and omissions" damages to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or Includes Copyrighted Material Of Insurance Page 17 of 18 Services Office, Inc., With Its Permission. 11/02/2015 17 0009 0000000523 15307 0 N ADA61;56A-7697-4A55-90BF-E36CE0951 F60 COMMERCIAL EXCESS/UMBRELLA LIABILITY COVERAGE - CONTINUED b. Any other aftemative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent or the "underlying insurer'" consent. 33.1,Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 34."Terrorism" means activities against persons, organizations or property of any nature: a. That involve the following or preparation for the following: (1) Use or threat of force or violence; (2) Commission or threat of a dangerous act; or (3) Commission or threat of an act that interferes with or disrupts an electronic, communication, information, or mechanical system; and b. When one or both of the following applies: (1) The effect . is to intimidate or coerce a government or the civilian population or any segment thereof, or to disrupt any segment of the economy: or (2) It appears that the intent is to intimidate or coerce a government, or to further political, ideological, religious, social or economic objectives or to express (or express opposition to) a philosophy or ideology. 35."Title paper preparation" means the preparation of official title papers for registering an "auto" sold by an insured, including the designation of a lienholder or legal owner having a financial interest in such "auto". 36."Ultimate net loss" means the total sum, after reduction for recoveries or salvages collectible, that the insured becomes legally obligated to pay as damages by reason of settlement or judgments or any arbitration or other aftemative dispute method entered into with our consent. 37."Underlying insurance" means any policies of insurance listed in the Declarations under the schedule of "underlying insurance". "Underlying insurance" that would apply but for the exhaustion of its Limit of Insurance is still considered to be applicable "underlying insurance". 39."Volunteer worker" means a person who is not your "employee', and who donates his or her work and acts at the discrection of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed by you. 40. "Waste material" means any waste material: a. Containing "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for Its "source material" content; and b. Resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility". 41. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of or the failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 42. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: 38."Underlying insurer" means any insurer who (1) Warranties or representations made at any provides any policy of insurance listed in the time with respect to the fitness, quality, Declarations under the schedule of "underlying durability, performance or use of "your insurance". work"; and (2) The providing of or failure to provide warnings or instructions. Page 18 of 18 Includes Copyrighted Material Of Insurance EU 88 0012 07 MUN 49-67776-12 60 151 Services Office, Inc., With Its Permission. 11/02/2016 0 COMMERCIAL EXCESS/UMBRELLA LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS/UMBRELLA 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 occurrence after the effective date of the policy on or more of the following: (1) Nonpayment of premium, including payment due prior on a prior policy we issued and due during the current policy term covering the same risks. (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. (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. EU 70 03 09 12 MUN 49-67776-12 60 151 11-02-15 PAGE 001 of 003 n e.. e. n COMMERCIAL EXCESS/UMBRELLA LIABILITY CALIFORNIA CHANGES - CANCELLATION AND NONRENEWAL - CONTINUED (4) Discovery of willful or grossly negligent acts or omis- sions, or of any violation of state laws or regulations establishing safety standard, by you or your representa- tive, which materially increase any of the risks insured against. (5) Failure by You or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against. (6) A determination by the Commissioner of Insurance that the: (a) Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency; or (b) Continuation of the Policy would (i) Place us in violation of California Law or the laws of the state where we are domiciled; or (ii) Threaten our solvency. (7) A change You or Your representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changeL risk, unless the added, increased or changed risk is included in the Policy. b. We will mail or deliver advance written notice of cancella- tion, stating the reason for cancellation, to the first Named uredd at the railing addresstshown in the policy, and to the (1) cancelsforfnonpaymentfortive premiumeorfdiscoverycancellation if we of fraud; or (2) cancelsforfore the any otherfreasonedate listedoincParagraphof we 3.a B. The following is added and supersedes any provisions to the contrary: NONRENEWAL 1. Subject to the provisions of Paragraph B.2, below, if we elect not to renew this policy, we will mail or deliver written notice stating the reason for nonrenewal to the first Named Insured shwn in the 60odays, but not lmore lthan ons a120nd tdays, before o the ethe fexpiration toreast anniversary date. EU 70 03 09 12 MUN 49-67776-12 60 151 11-02-15 PAGE 002 of 003 04456 COMMERCIAL EXCESS/UMBRELLA LIABILITY CALIFORNIA CHANGES - CANCELLATION AND NONRENEWAL - CONTINUED 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. 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 on 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 B.1. 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. e. If the first Named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. f. If we have made a written offer to the first Named Insured, in accordance with the timeframes shown in Paragraph B.1., to renew the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 24%. MUM 49-67776-12 60 151 11-02-15 PAGE 003 of 003 n r. r. G7 AL EXCESS/UMBRELLA LIABILI CALIFORNIA CHANGES - DOMESTIC PARTNER This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS/UMBRELLA LIABILITY COVERAGE PART As used herein, the term "spouse" means spouse or registered domestic partner under California law. EU 70 40 06 07 MUN 49-67776-12 60 151 11-02-15 PAGE 001 of 001 nLl. r COMMERCIAL EXCESS/UMBRELLA LIABILI r11 ea ei ,o EMPLOYMENT PRACTICES EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS/UMBRELLA LIABILITY COVERAGE PART SCHEDULE LIMITS OF INSURANCE Each Act Limit of Insurance: 0 3,000,000 Employment Practices Annual Aggregate Limit of Insurance: 0 9,000,000 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. SECTION I - COVERAGES is amended as follows: 1. The following is added to COVERAGE E - EXCESS LIABILITY, Paragraph A. INSURING AGREEMENT: We will pay on behalf of the insured the "ultimate net loss" in excess of "underlying insurance" because of a "wrongful act" to which this insurance applies. This insurance applies to a "wrongful act" that results from your employment practices and only if the "wrongful act" first took place during the policy period. 2. COVERAGE E - EXCESS LIABILITY, Paragraph C. EXCLUSIONS is amended by replacing exclusion 5. EMPLOYMENT RELATED PRACTICES with the fallowing: "Personal and advertising injury" to: a. A person arising out of any: (1) Refusal to employ that person; (2) Termination of that person's employment; (3) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, "harassment", humiliation, "discrimination" or "wrongful termination" directed at that person; or b. The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any of the employment-related practices described in paragraph a. (1), (2) or (3) above are directed. This exclusion applies whether the insured may be liable as an employer or in any other capacity, and to any obligation to share damage with or repay someone else who must pay damages because of injury. EU 88 01 12 09 MUN 49-67776-12 60 151 11-02-15 PAGE 001 of 003 nac. rq COMMERCIAL EXCESS/UMBRELLA LIABILITY EMPLOYMENT PRACTICES EXTENSION ENDORSEMENT - CONTINUED B. SECTION III - LIMIT OF INSURANCE is amended by the addition of the following: Subject to the General Aggregate Limit of Insurance, the most we will pay under this additional insurance will be: 1. The Employment Practices Annual Aggregate Limit of Insurance shown in the Schedule for this endorsement is the most we will pay for the sum of all "ultimate net loss" for all "wrongful acts" committed during each annual policy period. This aggregate limit will apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining Limits of Insurance. 2. Subject to the Employment Practices Annual Aggregate Limit of Insurance described in paragraph B.I. of this endorsement, the Each Act Limit of Insurance shown in the Schedule for this endorsement is the most we will pay for the sum of all "ultimate net loss" for damages arising from any one "wrongful act". C. SECTION V - DEFINITIONS is amended as follows: For the coverage provided by this endorsement only: 1. The definition of "suit" is replaced by the following: "Suit" means: a. (1) A civil proceeding; or (2) An arbitration proceeding, or other alternative dispute resolution proceeding to which the insured must submit or does submit with our consent. in which damages because of a "wrongful act" to which this insurance applies are alleged. b. An administrative proceeding by a federal, state or local governmental entity investigating a "wrongful act". 3. The following definitions are added: a. "Discrimination" is to distinguish by discerning or exposing differences based on sex, sexual orientation, race, religion, national origin or physical capabilities. b. "Harassment" is unwelcome advances, whether verbal or physi- cal, requests for sexual favors or other verbal or physical contact when: EU 88 01 12 09 MUN 49-67776-12 60 151 11-02-15 PAGE 002 of 003 nir.cn COMMERCIAL EXCESS/UMBRELLA LIABILITY EMPLOYMENT PRACTICES EXTENSION ENDORSEMENT - CONTINUED (1) Submission to such conduct by an individual is made explicitly or implicitly a term or condition of employment. (2) Submission to, or rejection of such conduct by an "employee" is used as the basis for an employment decision. (3) And such conduct has the purpose or affect to interfere with an "employee's" work performance, or creates a hostile or intimidating environment. C. "Wrongful act" means one or more of the following employment related offenses: (1) "Discrimination"; (2) "Harassment"; or (3) "Wrongful termination". A single "wrongful act" shall include all conduct, including continuous or repeated exposure to substantially the same generally harmful conduct by an individual or group of individuals, whether directed at an individual or group of individuals. d. "Wrongful termination" is termination of an employment relationship in a manner which is against the law or in breach of an implied agreement to continue employment. Wrongful termination does not include damages legally awed under an express contract of employment or an express obligation to make payments in the event of the termination of employment. EU 88 01 12 09 MUN 49-67776-12 60 151 11-02-15 PAGE 003 of 003 n6c,A1 COMMERCIAL EXCESS/UMBRELLA LIABILITY EXCESS LEGAL LIABILITY - CUSTOMER'S PROPERTY This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS/UMBRELLA LIABILITY COVERAGE PART Under SECTION V - DEFINITIONS, the following is added to the definition of "underlying insurance": "Underlying insurance" shall include any coverage we provide for loss of or damage to personal property owned by your customers and in your care, custody or control for servicing, repairing, storing or safekeeping as part of your business operations. EU 88 07 12 04 MUN 49-67776-12 60 151 11-02-15 PAGE 001 na462 Dyana Bojarski From: crburns@harperburns.com Sent: Friday, March 04, 2016 3:59 PM To: Dyana Bojarski; Alan Burns Subject: Re: Insurance Requirements Hi Dyana: Yes, this is acceptable. The Umbrella policy makes up for the lack in the GL. Thank you, Colin From: Dyana Bojarski <DBcjarski@crosdca.gov> To: 'crburns@harperburns.com" <crburns@harperburns.com> Sent: Tuesday, March 1, 2016 2:57 PM Subject: RE: Insurance Requirements Hi Colin, I requested more information pertaining to the scope of the policy in which I was sent the attached document. I want to confirm that the attached is sufficient for our requirements being that their GL does not meet our minimum requirements. Thank you, Dyana Bojarski Management Analyst 11 Costa Mesa Sanitary District 628 W. 19th Street, Costa Mesa, CA 92627 949.645.8400 ext. 226/949.650.2253 fax Website: www.crosdca.,qov From: crburns@harperburns.com[mailto:crburns@harperburns.com] Sent: Wednesday, February 24, 2016 10:31 AM To: Dyana Bojarski <DBojarski@crosdca.gov> Subject: Re: Insurance Requirements Hi Dyana: Sorry for the delay. Excess or umbrella policies can provide required coverage but we cannot tell from the documents submitted what type of umbrella policy exists. Can we inquire as to the scope of the umbrella policy? Hopefully the umbrella policy is excess to any insurance policy available against the insured. Language indicating as much would be something along the lines of "any insurance policies available to the insured, whether primary, excess, excess -contingent, or otherwise."