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HomeMy WebLinkAboutT-5482 - Certificate of Insurance - 2/26/2010 f 5y A`ORd CERTIFICATE OF LIABILITY INSURANCE DATE 01/22/M/DD/YYYY) 01/22/2010 PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION Marsh USA Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE TWO LOGAN SQUARE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PHILADELPHIA, PA 19103-2797 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Attn:philadelphia.certs@marsh.com or 212-948-0360 181805--GAW-09-10 N.CA North Land D Coast INSURERS AFFORDING COVERAGE NAIC# INSURED K.HOVNANIAN COMPANIES OF INSURER A:Ironshore Specialty Insurance Company 25445 CALIFORNIA,INC. INSURERS:N/A N/A 1375 EXPOSITION BLVD.,STE.300 INSURER C:Commerce And Industry Ins Co 19410 SACRAMENTO,CA 95818 INSURER D:National Union Fire Insurance Co. 19445 INSURER E:XL Insurance Company Ltd. 187674 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT,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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NS ADD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSR DATE(MWOONYYY) DATE(MWODNYYY) A GENERAL LIABILITY 01 D4U0905001 10/31!2009 10/31/2010 EACH OCCURRENCE 5,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 1,000,000 PREMISES Ea occurrence $ CLAIMS MADE x❑OCCUR MED EXP(Any one person) $ N A x IR$100T000 PERSONAL&ADV INJURY $ 5,000,000 GENERAL AGGREGATE $ 5,000,000 GENERAL AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AG $ 5 000,000 POLICYF—] LOC D AUTOMOBILE LIABILITY CA8263425 10/31/2009 10/31/2010 COMBINED SINGLE LIMIT $ 2,000,000 X ANYAUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULEDAUTOS RiSI< M AGEMENT DIVA j trj (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS JA roved. (Per accident) (Change . PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT$ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY* $ AGG E EXCESS/UMBRELLA LIABILITY BM000232681_107A 10/31/2009 10/31/2010 EACH OCCURRENCE $ 25,000,000 X OCCUR F-1 CLAIMS MADE AGGREGATE $ 25,000,000 $ DEDUCTIBLE $ X RETENTION $ 20,000,000 C WORKERS COMPENSATION AND WC6988031 (AOS) 10/31/2009 10/31/2010 X JTWC STATu- OTH- CIRYC EMPLOYERS-LIABILITY WC6988032(CA) 10/31/2009 10/31/2010 ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 2,000,000 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE$ 2,000,000 Mandatory in NH Il yes,describe under E.L.DISEASE-POLICY LIMIT $ 2,000,000 PECIAL PROVI IONS below OTHER 7 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The City of Fresno,its officers,officials,employees,agents and volunteers are included as additional insured's as respects to general and auto liability insurance,where required by written contract,provided such written contract was executed prior to the date of loss.This insurance is primary,and our obligations are not affected by any other insurance carried by such additional insured whether primary,excess,contingent,or on any other basis. Waiver of Subrogation is applicable where required by written contract and allowed by law. CERTIFICATE HOLDER CLE-002478191-05 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Fresno EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL c/o Planning and Development Department 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn:Jon Bartel 2600 Fresno Street,Room 3043 BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND Fresno,CA 93721 UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. jAU%RIJ�Bg�P,RESENTATIVE RC ,._ �,1• �/, J-�y,�� Mary Radaszewski ACORD 25(2009/01) ©1998-2009 ACORD CORPORATION.All Rights Reserved The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Acord 25(2009/01) yoursafr harbour IRONSHORE SPECIALTY INSURANCE COMPANY 1 Exchange Plaza (55 Broadway) 12`" Floor New York, NY 10006 (877) IRON411 ENDORSEMENT#PPI 2 Policy Number: 01D4U0905001 Effective Date of Endorsements: October 31, 2009 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - PREMISES - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU (PRIMARY & NONCONTRIBUTORY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II —Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organi- zation is an additional insured only with respect to liability for"bodily injury", "property damage" or"personal and ad- vertising injury"caused,in whole or in part,by: 1. 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. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render,any professional architectural,engineering or surveying services,including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders,change orders or drawings and specifications;or b. Supervisory,inspection,architectural or engineering activities. 2. "Bodily injury"or"property damage"occurring after: a. 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 loca- tion of the covered operations has been completed;or b. 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;or c. "Property Damage"which manifests after expiration of the Policy. IB.EX.070 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Page 1 of 2 If required by written contract or agreement,such insurance as is afforded by this policy shall be primary insurance,and any insurance or self-insurance maintained by the above additional insured(s)shall be excess of the insurance afforded to the Named Insured and shall not contribute to it. ALL OTHER TERMS,CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. January 22,2010 Authorized Representative Date IB.EX.070 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Page 2 of 2 MONSHORF yrursafe Barbour IRONSHORE SPECIALTY INSURANCE COMPANY 1 Exchange Plaza (55 Broadway) 12th Floor New York, NY 10006 (877) IRON411 Endorsement# Policy Number: 01D4U0905001 Effective Date of Endorsements:January 25,2010 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. Additional Insured — State or Political Subdivisions - Permits This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s)Or Location and Description of Completed Operations: Organization(s): The city of Fresno,its officers,officials,employees, We shall name person(s)or organization(s)as agents and volumteers. additional insureds to this insurance as required under a written contract with the Named Insured entered into before the claim or loss. No coverage,indemnity and/or defense shall be provided under this endorsement for any person(s)or organization(s)claiming to be additional insured(s)for claims or losses which do not arise from the Named Insured's work under a written contract. The Named Insured's mere presence at a worksite shall not be deemed sufficient to require coverage,indemnity and/or defense to any person(s)or organization(s) claiming to be an additional insured under this endorsement. There shall be no coverage,indemnity,defense, and/or duty to defend any person(s)or organization(s) claiming to be an additional insured under this endorsement if the claim or loss does not arise,in whole or in part,from the negligence and/or fault of the Named Insured. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. IB.EX.071 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Page 1 of 2 Section II—Who Is An Insured is amended to include as an additional insured the person(s)or organization(s)shown in the Schedule, but only with respect to liability for"bodily injury'or"property damage"caused,in whole or in part, by"your work"at the location designated and described in the schedule of this endorsement performed for that additional insured and including in the"products-completed operations hazard." If required by written contract or agreement,such insurance as is afforded by this policy shall be primary insurance,and any insurance or self-insurance maintained by the above additional insured(s)shall be excess of the insurance afforded to the Named Insured and shall not contribute to it. ALL OTHER TERMS,CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. January 25,2010 Authorized Representative Date IB.EX.071 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Page 2 of 2 Policy No. CA 826-34-25 • Renewal of No. NEW CHARTIS to- Coverage is provided by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA (a capital stock company) 175 Water Street, New York, NY 10038 (212) 458-5000 BUSINESS AUTO DECLARATIONS ITEM ONE Named Insured & Mailing Address HOVNANIAN ENTERPRISES, INC. 110 W FRONT STREET RED BANK, NJ 07701-1139 Producer's Name & Mailing Address MARSH USA, INC. 2 LOGAN SQUARE PHILADELPHIA, PA 19103-2797 FORM OF BUSINESS: IN CORPORATION ❑ PARTNERSHIP ❑ LIMITED LIABILITY COMPANY ❑ INDIVIDUAL ❑ OTHER POLICY PERIOD: From 10/31/2009 to 10/31/2010 at 12:01 A.M. Standard Time at your mailing address. IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. POLICY PREMIUM: $ 336,223 Premium for Terrorism Coverage: SCHEDULE OF STATE TAXES, FEES AND SURCHARGES, IF APPLICABLE: New Jersey $3,026.00 New York $20.00 Texas $3.00 'State Taxes, Fees and Surcharges shown are in addition to the above referenced Policy Premium. ENDORSEMENTS ATTACHED TO THIS POLICY: IL 00 17 - Common Policy Conditions (IL 01 46 in Washington) IL 00 21 - Broad Form Nuclear Exclusion (Not Applicable in New York) SEE ATTACHED FORMS SCHEDULE THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORMS,AND FORMS AND ENDORSEMENTS IF ANY ISSUED TO FORM A PART THEREOF COMPLETE THE ABOVE NUMBERED POLICY 46169 0306 �y..f�{.,V �+/��V Date Issued: 01/08/2010 CA DS 03 03 06 Includes cop r/�1(jRi64kArG1PPYurance Services Office, Inc., with its permissionO ISO Properties, Inc., 2005 Page 1 of 5 ITEM TWO SCHEDULE OF COVERAGES AND COVERED AUTOS This policy provides only those coverages where a charge is shown in the premium column below. Each of these coverages will apply only to those "autos" shown as covered "autos". "Autos" are shown as covered "autos"for a particular coverage by the entry of one or more of the symbols from the Covered Autos Section of the Business Auto Coverage Form next to the name of the coverage. COVERAGES COVERED AUTOS LIMIT PREMIUM LIABILITY 1 $ 2 OOO OOO $ 22 PERSONAL INJURY PROTECTION 5 SEPARATELY STATED IN EACH PERSONAL INJURY PROTECTION EN- *INCLUDED (or equivalent No-fault Coverage) DORSEMENT MINUS DEDUCTIBLE FOR EACH ACCIDENT ADDED PERSONAL INJURY $ PROTECTION(or equivalent added No-fault Coverage) PROPERTY PROTECTION SEPARATELY STATED IN THE PROPERTY PROTECTION INSURANCE EN- $ INSURANCE(Michigan only) DORSEMENT MINUS 9 DEDUCTIBLE FOR EACH ACCIDENT. AUTO MEDICAL PAYMENTS Z $5,000 sINCLUDED MEDICAL EXPENSE AND INCOME SEPARATELY STATED IN EACH MEDICAL EXPENSE AND INCOME LOSS $ LOSS BENEFITS(Virginia only) BENEFITS ENDORSEMENT. UNINSURED MOTORISTS 2 SEPARATELY STATED IN EACH UNINSURED MOTORISTS ENDORSEMENT s I NCLUDED UNDERINSURED MOTORISTS SEPARATELY STATED IN EACH UNDERINSURED MOTORISTS ENDORSEMEN $I NC D (When not included in Uninsured Motorists CoveragaJI PHYSICAL DAMAGE 2 ACTUAL $ 5,OOO DEDUCTIBLE FOR EACH COVERED AUTO,BUT $ COMPREHENSIVE COVERAGE CASH NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR VALUE OR LIGHTNING.See ITEM FOUR For Hired Or Borrowed"Autos". PHYSICAL DAMAGE COST OF $25 DEDUCTIBLE FOR EACH COVERED AUTO FOR LOSS $ SPECIFIED CAUSES OF LOSS REPAIR, CAUSED BY MISCHIEF OR VANDALISM,See ITEM FOUR For COVERAGE 1WHICHEVER Hired Or Borrowed"Autos". PHYSICAL DAMAGE 2 S IS LESS, $ 5 OOO DEDUCTIBLE FOR EACH COVERED AUTO. S COLLISION COVERAGE MINUS See ITEM FOUR For Hired Or Borrowed "Autos". PHYSICAL DAMAGE TOWING $ For Each Disablement Of A Private Passenger"Auto". $ AND LABOR PREMIUM FOR ENDORSEMENTS $I NCLUDED *ESTIMATED TOTAL PREMIUM $ 336,225 *This policy may be subject to final audit. ITEM THREE SCHEDULE OF COVERED AUTOS YOU OWN DESCRIPTION PURCHASED TERRITORY Covered Year,Model,Trade Name,Body Type Serial Original Actual Town&State Where The Auto No. Number(s)Vehicle Identification Number(VIN) Cost Cost& Covered Auto WIII Be Principally New NEW(N) Garaged USED(U) PER SCHEDULE ON FILE WITH COMPANY CLASSIFICATION Covered Radius Business Size GVW, Age Primary Secondary Code EXCEPT For Towing,All Physical Damage Loss Is Payable Auto No. Of Use GCW Or I Group Rating Rating To You And The Loss Payee Named Below As Interests May Operation s'den's Vehicle Factor Factor Appear At the Time Of The Loss. R=recall Seating C=Commercial Capacity Llab. Phy. Dem. PER SCH DULE ON FILE WITH COMPANY CA IDS 0308 �rObA ^IPnV g CA DS 03 03 06 Includes co �d rl�{ INWrence Services Office, Inc., with its permission* ISO Properties, Inc., 2005Pa e 2 of 5 ITEM THREE SCHEDULE OF COVERED AUTOS YOU OWN (CONTINUED) COVERAGES-PREMIUMS,LIMITS AND DEDUCTIBLES(Absence of a deductible or limit entry In any column below means that the limit or deductible entry In the corresponding ITEM TWO column applies Instead.) LIABILITY PERSONAL INJURY ADDED PERSONAL PROTECTION INJURY PROTECTION Covered Limit Premium Limit Stated In Each Premium Limit Stated In Each Added Auto No. Personal Injury Protection Personal Injury Protection Endorsement Minus Endorsement Premium Deductible Shown Below SEE COMPOSITE RATE ENDORSEMENT Total Premium COVERAGES-PREMIUMS,LIMITS AND DEDUCTIBLES(Absence of a deductible or limit entry in any column below means that the limit or deductible entry in the corresponding ITEM TWO column applies Instead.) Covered PROPERTY PROTECTION IMlchigan Only) AUTO MEDICAL PAYMENTS MEDICAL EXPENSE AND INCOME LOSS BENEFITS(Virginia Only) Auto No. Limit Stated In Property Premium Limit Premium Stated In Each Medical Expense Premium Protection Insurance And Income Loss Endorsement for Endorsement Minus Each Person Deductible Shown Below Total Premium COVERAGES-PREMIUMS,LIMITS AND DEDUCTIBLES(Absence of a deductible or limit entry In any column below means that the limit or deductible entry In the corresponding ITEM TWO column applies Instead.) Covered COMPREHENSIVE SPECIFIED CAUSES OF LOSS COLLISION TOWING&LABOR Auto No. Limit Stated In ITEM Premium Limit Stated In ITEM Premium Umit Stated In ITEM Premium Limit Per Premium TWO Minus TWO Minus TWO Minus Disablement Deductible Shown Deductible Shown Deductible Shown Below Below Below Total Premium ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS LIABILITY COVERAGE-RATING BASIS,COST OF HIRE STATE ESTIMATED COST OF HIRE RATE PER EACH$100 FACTOR(If Liability PREMIUM FOR EACH STATE COST OF HIRE Coverage Is Primary) PER SCHEDULE ON FILE 14ITH COMPANY INCLUDED TOTAL PREMIUM INCLUDED 46169 0306 //��,,.. 1, //++ CA DS 03 03 06 Includes copprl blldjMeGQP.Kurance Services Office, Inc., with its permissionO ISO Properties, Inc., 2005 Page 3 of 5 ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS (CONTINUED) LIABILITY COVERAGE-RATING BASIS,NUMBER OF DAYS- IFOR MOBILE OR FARM EQUIPMENT-RENTAL PERIOD BASIS) ESTIMATED NUMBER OF DAYS STATE EQUIPMENT WILL BE RENTED BASE PREMIUM FACTOR PREMIUM TOTAL PREMIUM Cost of hire means the total amount you incur for the hire of "autos"you don't own(not including"autos"you borrow or rent from your partners or "employees" or their family members). Cost of hire does not include charges for services performed by motor carriers of property or passengers. PHYSICAL DAMAGE COVERAGE COVERAGES LIMIT OF INSURANCE ESTIMATED ANNUAL HATE PER EACH PREMIUM COST OF HIRE 6100 ANNUAL COST OF HIRE ACTUAL CASH VALUE OR COST OF REPAIR,WHICHEVER IS $ 100,000 s $ I NCLUDED COMPREHENSIVE LESS, MINUS $ 5000 DEDUCTIBLE FOR EACH COVERED AUTO, BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING. ACTUAL CASH VALUE OR COST OF REPAIR,WHICHEVER IS 6 $ $ SPECIFIED CAUSES OF LOSS LESS, MINUS s 25 DEDUCTIBLE FOR EACH COVERED AUTO FOR LOSS CAUSED BY MISCHIEF OR VANDALISM. ACTUAL CASH VALUE OR COST OF REPAIR,WHICHEVER IS $ 100,000 s $ I NCLUDED COLLISION LESS, MINUS$ 5000 DEDUCTIBLE FOR EACH COVERED AUTO. TOTAL PREMIUM s INCLUDED ITEM FIVE SCHEDULE FOR NON-OWNERSHIP LIABILITY NAMED INSURED'S BUSINESS RATING BASIS NUMBER PREMIUM Other Than Garage Service Operations And Number Of Employees ON FILE s I NCLUDED Other Than Social Service Agencies Number Of Partners Garage Service Operations Number Of Employees Whose Principal Duty Involves The Operation of Autos Social Service Agencies Number Of Employees $ Number Of Volunteers $ TOTAL PREMIUM $I NCLUDED 46169 0306 /+ CA DS 03 03 06 Includes co�ghWate lxsurance Services Office, Inc., with its permission.* ISO Properties, Inc., 2005 Page 4 of 5 POLICY NUMBER: CA 826-34-25 COMMERCIAL AUTO CA 00 01 03 06 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. SECTION I - COVERED AUTOS Read the entire policy carefully to determine rights, Item Two of the Declarations shows the "autos" duties and what is and is not covered. that are covered "autos" for each of your cov- Throughout this policy the words "you" and "your" erages. The following numerical symbols describe refer to the Named Insured shown in the Dec- the "autos" that may be covered "autos". The larations. The words "we", "us" and "our" refer to symbols entered next to a coverage on the the Company providing this insurance. Declarations designate the only "autos" that are Other words and phrases that appear in quotation covered "autos". marks have special meaning. Refer to Section V - A. Description Of Covered Auto Designation Definitions. Symbols Symbol Description Of Covered Auto Designation Symbols 1 Any "Auto" 2 Owned "Autos" Only those "autos" you own (and for Liability Coverage any "trailers" you Only don't own -while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger "autos" you own. This includes those private Passenger passenger "autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned "Autos" Only those "autos" you own that are not of the private passenger type (and Other Than Pri- Liability Coverage any "trailers" you don't own while attached to power units vate Passenger you own). This includes those "autos" not of the private passenger type you "Autos" Only acquire ownership of after the policy begins. 5 Owned "Autos" Only those "autos" you own that are required to have No-Fault benefits in the Subject To No- state where they are licensed or principally garaged. This includes those Fault "autos" you acquire ownership of after the policy begins provided they are required to have No-Fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they Subject To A are 'licensed or principally garaged are required to have and cannot reject Compulsory Un- Uninsured Motorists Coverage. This includes those "autos" you acquire insured Motor- ownership of after the policy begins provided they are subject to the same ists Law state uninsured motorists requirement. 7 Specifically De- Only those "autos" described in Item Three of the Declarations for which a scribed "Autos" premium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three). g Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any Only "auto" you lease, hire, rent or borrow from any of your "employees" partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Nonowned Only those "autos" you do not own, lease, hire, rent or borrow that are used "Autos" Only in connection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your personal affairs. CA 00 01 03 06 Archive Copy* ISO Properties, Inc.,2005 Page 1 of 11 ❑ 19 Mobile Equip- Only those "autos" that are land vehicles and that would qualify under the ment Subject To definition of "mobile equipment" under this policy if they were not subject Compulsory Or to a compulsory or financial responsibility law or other motor vehicle Financial Re- insurance law where they are licensed or principally garaged. sponsibility Or Other Motor Ve- hicle Insurance Law Only B. Owned Autos You Acquire After The Policy by an "accident" and resulting from the Begins ownership, maintenance or use of covered 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered "autos". However, we will only pay for the next to a coverage in Item Two of the Dec- "covered pollution cost or expense' if there is larations, then you have coverage for either "bodily injury" or "property damage" to "autos" that you acquire of the type des- which this insurance applies that is caused by cribed for the remainder of the policy period. the same "accident". 2. But, if Symbol 7 is entered next to a cov- We have the right and duty to defend any erage in Item Two of the Declarations, an 'insured" against a "suit" asking for such dam- "auto" you acquire will be a covered "auto" ages or a "covered pollution cost or expense". for that coverage only if: However, we have no duty to defend any "insured" against a "suit" seeking damages for a. We already cover all "autos' that you "bodily injury" or "property damage" or a "cov- own for that coverage or it replaces an ered pollution cost or expense" to which this "auto" you previously owned that had insurance does not apply. We may investigate that coverage; and and settle any claim or "suit" as we consider b. You tell us within 30 days after you appropriate. Our duty to defend or settle ends acquire it that you want us to cover it for when the Liability Coverage Limit of Insurance that coverage. has been exhausted by payment of judgments C. Certain Trailers, Mobile Equipment And or settlements. Temporary Substitute Autos 1. Who Is An Insured If Liability Coverage is provided by this Cov- The following are "insureds": erage Form, the following types of vehicles are a. You for any covered "auto". also covered "autos" for Liability Coverage: b. Anyone else while using with your per- t. "Trailers" with a toad capacity of 2,000 mission a covered "auto" you own, hire pounds or less designed primarily for travel or borrow except: on public roads. (1) The owner or anyone else from whom 2. "Mobile equipment" while being carried or you hire or borrow a covered "auto". towed by a covered "auto". This exception does not apply if the 3. Any "auto" you do not own while used with covered "auto" is a "trailer" con- the permission of its owner as a temporary nected to a covered "auto" you own. substitute for a covered "auto" you own (2) Your "employee" if the covered that is out of service because of its: "auto" is owned by that "employee" a. Breakdown; or a member of his or her household. b. Repair; (3) Someone using a covered "auto" c. Servicing; while he or she is working in a busi- ness of selling, servicing, repairing, d. "Loss"; or parking or storing "autos" unless that e. Destruction. business is yours. SECTION II - LIABILITY COVERAGE (4) Anyone other than your "employees", A. Coverage partners (if you are a partnership), members (if you are a limited liability We will pay all sums an "insured" legally must company), or a lessee or borrower or pay as damages because of "bodily injury" or any of their "employees", while mov- "property damage" to which this insurance ap- ing property to or from a covered plies, caused by an "accident" and resulting "auto". from the ownership, maintenance or use of a covered "auto". (5) A partner (if you are a partnership), or a member (if you are a limited liability We will also pay all sums an "insured" legally company) for a covered "auto" owned must pay as a "covered pollution cost or ex- by him or her or a member of his or pense" to which this insurance applies, caused her household. Page 2 of 11 Archive COPYO ISO Properties, Inc.,2005 CA 00 01 03 06 0 c. Anyone liable for the conduct of an "in- "Bodily injury" or "property damage" ex- sured" described above but only to the pected or intended from the standpoint of extent of that liability. the "insured". 2. Coverage Extensions 2. Contractual a. Supplementary Payments Liability assumed under any contract or We will pay for the "insured": agreement. (1) All expenses we incur. But this exclusion does not apply to liability (2) Up to $2,000 for cost of bail bonds for damages: (including bonds for related traffic law a. Assumed in a contract or agreement that violations) required because of an "ac- is an "insured contract" provided the cident" we cover. We do not have to "bodily injury" or "property damage" oc- furnish these bonds. curs subsequent to the execution of the (3) The cost of bonds to release attach- contract or agreement; or ments in any "suit" against the "in- b. That the "insured" would have in the ab- sured" we defend, but only for bond sence of the contract or agreement. amounts within our Limit of Insurance. 3. Workers' Compensation (4) All reasonable expenses incurred by Any obligation for which the "insured" or the "insured" at our request, including the "insured's" insurer may be held liable actual loss of earnings up to $250 a under any workers' compensation, disability day because of time off from work. benefits or unemployment compensation law (5) All costs taxed.against the "insured" or any similar law. in any "suit" against the "insured" we 4. Employee Indemnification And Employer's defend. Liability (6) All interest on the full amount of any "Bodily injury" to: judgment that accrues after entry of a. An "employee" of the "insured" arising the judgment in any "suit" against the out of and in the course of: insured" we defend, but our duty to pay interest ends when we have paid, (1) Employment by the "insured"; or offered to pay or deposited in court (2) Performing the duties related to the the part of the judgment that is within conduct of the "insured's" business; our Limit of Insurance. or These payments will not reduce the Limit b. The spouse, child, parent, brother or of Insurance. sister of that "employee" as a con- b. Out-Of-State Coverage Extensions sequence of Paragraph a. above. While a covered "auto" is away from the This exclusion applies: state where it is licensed we will: (1) Whether the "insured" may be liable (1) Increase the Limit of Insurance for Lia- as an employer or in any other ca- bility Coverage to meet the limits pacity; and specified by a compulsory or financial (2) To any obligation to share damages responsibility law of the jurisdiction with or repay someone else who must where the covered "auto" is being pay damages because of the injury. used. This extension does not apply But this exclusion does not apply to "bodily to the limit or limits specified by any injury" to domestic "employees" not entitled law governing motor carriers of pas- to workers' compensation benefits or to sengers or property. liability assumed by the "insured" under an (2) Provide the minimum amounts and "insured contract". For the purposes of the types of other coverages, such as no- Coverage Form, a domestic "employee" is a fault, required of out-of-state vehicles person engaged in household or domestic by the jurisdiction where the covered work performed principally in connection "auto" is being used. with a residence premises. We will not pay anyone more than once 5. Fellow Employee for the same elements of loss because of "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the B. Exclusions course of the fellow "employee's" employ- This insurance does not apply to any of the fol- ment or while performing duties related to lowing: the conduct of your business. 1. Expected Or Intended Injury 6. Care, Custody Or Control "Property damage" to or "covered pollution CA 00 01 03 06 Archive Copy* ISO Properties, Inc.,2005 Page 3 of 11 ❑ cost or expense" involving property owned one site. or transported by the "insured" or in the (3) When that part of the work done at a "insured's" care, custody or control. But this job site has been put to its intended exclusion does not apply to liability assumed use by any person or organization under a sidetrack agreement, other than another contractor or 7. Handling Of Property subcontractor working on the same "Bodily injury" or "property damage" result- project. ing from the handling of property: Work that may need service, maintenance, a. Before it is moved from the place where correction, repair or replacement, but which it is accepted by the "insured" for move- is otherwise complete, will be treated as ment into or onto the covered "auto"; or completed. b. After it is moved from the covered 11. Pollution "auto" to the place where it is finally de- "Bodily injury" or "property damage" arising livered by the "insured". out of the actual, alleged or threatened dis- 8. Movement Of Property By Mechanical charge, dispersal, seepage, migration, re- Device lease or escape of "pollutants": "Bodily injury" or "property damage" result- a. That are, or that are contained in any ing from the movement of property by a property that is: mechanical device (other than a hand truck) (1) Being transported or towed by, han- unless the device is attached to the covered dled, or handled for movement into, "auto". onto or from, the covered "auto"; 9. Operations (2) Otherwise in the course of transit by "Bodily injury" or "property damage" arising or on behalf of the "insured"; or out of the operation of: (3) Being stored, disposed of, treated or a. Any equipment listed in Paragraphs 6.b. processed in or upon the covered and 6.c. of the definition of "mobile "auto"; equipment"; or b. Before the "pollutants" or any property in b. Machinery or equipment that is on, at- which the "pollutants" are contained are tached to, or part of, a land vehicle that moved from the place where they are would qualify under the definition of accepted by the "insured" for movement "mobile equipment" if it were not subject into or onto the covered "auto"; or to a compulsory or financial responsibility c. After the "pollutants" or any property in law or other motor vehicle insurance law which the "pollutants" are contained are where it is licensed or principally ga- moved from the covered "auto" to the raged. place where they are finally delivered, 10. Completed Operations disposed of or abandoned by the "in- "Bodilyinjury" or "property damage" arising sured". y g g out of your work after that work has been Paragraph a. above does not apply to fuels, completed or abandoned. lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or In this exclusion, your work means: result from the normal electrical, hydraulic or a. Work or operations performed by you or mechanical functioning of the covered on your behalf; and "auto" or its parts, if: b. Materials, parts or equipment furnished in (1) The "pollutants" escape, seep, mi- connection with such work or operations. grate, or are discharged, dispersed or Your work includes warranties or repre- released directly from an "auto" part sentations made at any time with respect to designed by its manufacturer to hold, the fitness, quality, durability or performance store, receive or dispose of such "pol- of any of the items included in Paragraph a. lutants"; and or b. above. (2) The "bodily injury", "property dam- Your work will be deemed completed at the age" or "covered pollution cost or earliest of the following times: expense" does not arise out of the our operation of any equipment listed in (1) When all of the work called for in y Paragraphs 6.b. and 6.c. of the de- contract has been completed. finition of "mobile equipment". (2) When all of the work to be done at Paragraphs b. and c. above of this exclusion the site has been completed if your do not apply to "accidents"that occur away contract calls for work at more than from premises owned by or rented to an "in- Page 4 of 11 Archive CopyO Iso Properties, Inc.,2005 CA 00 01 03 06 ❑ sured" with respect to "pollutants" not in a. Comprehensive Coverage or upon a covered "auto" if: From any cause except: (1) The "pollutants" or any property in (1) The covered "auto's" collision with which the "pollutants' are contained another object; or are upset, overturned or damaged as a result of the maintenance or use of a (2) The covered "auto's" overturn. covered "auto"; and b. Specified Causes Of Loss Coverage (2) The discharge, dispersal, seepage, mi- Caused by: gration, release or escape of the "pol- (1) Fire, lightning or explosion; lutants" is caused directly by such upset, overturn or damage. (2) Theft; 12. War (3) Windstorm, hail or earthquake; "Bodily injury" or "property damage" arising (4) Flood; directly or indirectly out of: (5) Mischief or vandalism; or a. War, including undeclared or civil war; (6) The sinking, burning, collision or de- b. Warlike action by a military force, in- railment of any conveyance transport- cluding action in hindering or defending ing the covered "auto". against an actual or expected attack, by c. Collision Coverage any government, sovereign or other auth- Caused by: ority using military personnel or other agents; or (1) The covered "auto's" collision with c. Insurrection, rebellion, revolution, another object; or usurped power, or action taken by (2) The covered "auto's" overturn. governmental authority in hindering or 2. Towing defending against any of these. We will pay up to the limit shown in the 13. Racing Declarations for towing and labor costs in- Covered "autos" while used in any profes- curred each time a covered "auto" of the sional or organized racing or demolition con- private passenger type is disabled. However, test or stunting activity, or while practicing the labor must be performed at the place of for such contest or activity. This insurance disablement. also does not apply while that covered 3. Glass Breakage - Hitting A Bird Or Animal - "auto" is being prepared for such a contest Falling Objects Or Missiles or activity. If you carry Comprehensive Coverage for the C. Limit Of Insurance damaged covered "auto", we will pay for the Regardless of the number of covered "autos", following under Comprehensive Coverage: "insureds", premiums paid, claims made or a. Glass breakage; vehicles involved in the "accident", the most b. "Loss" caused by hitting a bird or animal; we will pay for the total of all damages and and "covered pollution cost or expense" combined, resulting from any one "accident" is the Limit of c. "Loss" caused by falling objects or mis- Insurance for Liability Coverage shown in the siles. Declarations. However, you have the option of having All "bodily injury", "property damage" and glass breakage caused by a covered "auto's" "covered pollution cost or expense" resulting collision or overturn considered a "loss" from continuous or repeated exposure to sub- under Collision Coverage. stantially the same conditions will be considered 4. Coverage Extensions as resulting from one "accident". a. Transportation Expenses No one will be entitled to receive duplicate pay- ments for the same elements of "loss" under We will pay up to $e per day to a max- this Coverage Form and any Medical Payments tion of $600 for temporary becautranspse of Coverage Endorsement, Uninsured Motorists tion expense incurred by you because of the total theft of a covered "auto" of the Coverage Endorsement or Underinsured Motor- private passenger type. s" will pay only ists Coverage Endorsement attached to this for those covered "autos" for which you Coverage Part. Scarry either Comprehensive or Specified SECTION III - PHYSICAL DAMAGE COVERAGE Causes of Loss Coverage. We will pay A. Coverage for temporary transportation expenses 1. We will pay for "loss" to a covered "auto" incurred during the period beginning 48 or its equipment under: hours after the theft and ending, regard- less of the policy's expiration, when the CA 00 01 03 06 Archive Copy® ISO Properties, Inc.,2005 Page 5 of 11 ❑ covered "auto" is returned to use or we caused by other "loss" that is covered by pay for its "loss" this insurance: b. Loss Of Use Expenses a. Wear and tear, freezing, mechanical or For Hired Auto Physical Damage, we will electrical breakdown. pay expenses for which an "insured" be- b. Blowouts, punctures or other road dam- comes legally responsible to pay for loss age to tires. of use of a vehicle rented or hired with- 4. We will not pay for "loss" to any of the fol- out a driver, under a written rental con- lowing: tract or agreement. We will pay for loss of use expenses if caused by: a. Tapes, records, discs or other similar audio, visual or data electronic devices (1) Other than collision only if the Dec designed for use with audio, visual or larations indicate that Comprehen- data electronic equipment. sive Coverage is provided for any cov- ered "auto"; b. Any device designed or used to detect (2) Specified Causes Of Loss only if the speed measuring equipment such as Declarations indicate that Specified radar or laser detectors and any jamming Causes Of Loss Coverage is provided apparatus intended to elude or disrupt for any covered "auto"; or speed measurement equipment. ( c. Any electronic equipment, without regard 3) Collision only if the Declarations in- to whether this equipment is permanently dicate that Collision Coverage is pro- installed, that receives or transmits au- vided for any covered "auto". dio, visual or data signals and that is not However, the most we will pay for any designed solely for the reproduction of expenses for loss of use is $20 per day, sound. to a maximum of $600. d. Any accessories used with the electronic B. Exclusions equipment described in Paragraph c. 1. We will not pay for "loss" caused by or above. resulting from any of the following. Such Exclusions 4.c. and 4.d. do not apply to: "loss" is excluded regardless of any other a. Equipment designed solely for the re- cause or event that contributes concurrently production of sound and accessories or in any sequence to the "loss". used with such equipment, provided such a. Nuclear Hazard equipment is permanently installed in the (1) The explosion of any weapon employ- covered "auto" at the time of the "loss" ing atomic fission or fusion; or or such equipment is removable from a (2) Nuclear reaction or radiation, or radio housing unit which is permanently in- stalled in the covered "auto" at the time active contamination, however of the "loss", and such equipment is caused. designed to be solely operated by use of b. War Or Military Action the power from the "auto's" electrical (1) War, including undeclared or civil war; system, in or upon the covered "auto"; or (2) Warlike action by a military force, including action in hindering or de- b. Any other electronic equipment that is: fending against an actual or expected (1) Necessary for the normal operation of attack, by any government, sovereign the covered "auto" or the monitoring or other authority using military per- of the covered "auto's" operating sys- sonnel or other agents; or tem; or (3) Insurrection, rebellion, revolution, (2) An integral part of the same unit usurped power or action taken by housing any sound reproducing equip- governmental authority in hindering or ment described in Paragraph a. above defending against any of these. and permanently installed in the open- 2. We will not pay for "loss" to any covered ing of the dash or console of the "auto" while used in any professional or covered auto" normally used by the organized racing or demolition contest or manufacturer for installation of a ra- stunting activity, or while practicing for such dio. contest or activity. We will also not pay for 5. We will not pay for "loss" to a covered "loss" to any covered "auto" while that cov- "auto" due to "diminution in value". ered "auto" is being prepared for such a C. Limit Of Insurance contest or activity. 1. The most we will pay for "loss" in any one 3. We will not pay for "loss" caused by or "accident" is the lesser of: resulting from any of the following unless Page 6 of 11 Archive Copy* ISO Properties, Inc.,2005 CA 00 01 03 06 ❑ a. The actual cash value of the damaged or b. Additionally, you and any other involved stolen property as of the time of the "insured" must: "loss"; or (1) Assume no obligation, make no pay- b. The cost of repairing or replacing the ment or incur no expense without our damaged or stolen property with other consent, except at the "insured's" property of like kind and quality. own cost. 2. An adjustment for depreciation and physical (2) Immediately send us copies of any condition will be made in determining actual request, demand, order, notice, sum- cash value in the event of a total "loss". mons or legal paper received concern- 3. If a repair or replacement results in better ing the claim or "suit". than like kind or quality, we will not pay for (3) Cooperate with us in the investigation the amount of the betterment. or settlement of the claim or defense D. Deductible against the "suit". For each covered "auto", our obligation to pay (4) Authorize us to obtain medical records for, repair, return or replace damaged or stolen or other pertinent information. property will be reduced by -the applicable de- (5) Submit to examination, at our ex- ductible shown in the Declarations. Any Com- pense, by physicians of our choice, as prehensive Coverage deductible shown in the often as we reasonably require. Declarations does not apply to "loss" caused by c. If there is "loss" to a covered "auto" or its fire or lightning. equipment you must also do the following: SECTION IV - BUSINESS AUTO CONDITIONS (1) Promptly notify the police if the cov- The following conditions apply in addition to the ered "auto" or any of its equipment is Common Policy Conditions: stolen. A. Loss Conditions (2) Take all reasonable steps to protect 1. Appraisal For Physical Damage Loss the covered "auto" from further dam- age. Also keep a record of your If you and we disagree on the amount of ex- penses for consideration in the settle- "loss", either may demand an appraisal of ment of the claim. the "loss". In this event, each party will select a competent appraiser. The two ap- (3) Permit us to inspect the covered praisers will select a competent and impartial "auto" and records proving the "loss" umpire. The appraisers will state separately before its repair or disposition. the actual cash value and amount of "loss". (4) Agree to examinations under oath at If they fail to agree, they will submit their our request and give us a signed differences to the umpire. A decision agreed statement of your answers. to by any two will be binding. Each party 3. Legal Action Against Us will: a. Pay its chosen appraiser; and No one may bring a legal action against us under this Coverage Form until: b. Bear the other expenses of the appraisal a. There has been full compliance with all and umpire equally. the terms of this Coverage Form; and If we submit to an appraisal, we will still b. Under Liability Coverage, we agree in retain our right to deny the claim. writing that the "insured" has an obliga- 2. Duties In The Event Of Accident, Claim, Suit tion to pay or until the amount of that Or Loss obligation has finally been determined by We have no duty to provide coverage under judgment after trial. No one has the right this policy unless there has been full com- under this policy to bring us into an pliance with the following duties: action to determine the "insured's" lia- a. In the event of "accident", claim, "suit" bility. or "loss", you must give us or our auth- 4. Loss Payment - Physical Damage Coverages orized representative prompt notice of At our option we may: the "accident" or "loss". Include: a. Pay for, repair or replace damaged or (1) How, when and where the "accident" stolen property; or "loss" occurred; b. Return the stolen property, at our ex- (2) The "insured's" name and address; pense. We will pay for any damage that and results to the "auto" from the theft; or (3) To the extent possible, the names and c. Take all or any part of the damaged or addresses of any injured persons and stolen property at an agreed or appraised witnesses. value. CA 00 01 03 06 ArChIV@ COpyO ISO Properties, Inc.,2005 Page 7 of 11 ❑ If we pay for the "loss", our payment will in- b. For Hired Auto Physical Damage Cover- clude the applicable sales tax for the dam- age, any covered "auto" you lease, hire, aged or stolen property. rent or borrow is deemed to be a covered 5. Transfer Of Rights Of Recovery Against "auto" you own. However, any "auto" Others To Us that is leased, hired, rented or borrowed If any person or organization to or for whom with a driver is not a covered "auto". we make payment under this Coverage Form c. Regardless of the provisions of Paragraph has rights to recover damages from another, a. above, this Coverage Form's Liability those rights are transferred to us. That per- Coverage is primary for any liability as- son or organization must do everything sumed under an "insured contract". necessary to secure our rights and must do d. When this Coverage Form and any other nothing after "accident" or "loss" to impair Coverage Form or policy covers on the them. same basis, either excess or primary, we B. General Conditions will pay only our share. Our share is the 1. Bankruptcy proportion that the Limit of Insurance of our Coverage Form bears to the total of Bankruptcy or insolvency of the "insured" or the limits of all the Coverage Forms and the "insured's" estate will not relieve us of policies covering on the same basis. any obligations under this Coverage Form. 6. Premium Audit 2. Concealment, Misrepresentation Or Fraud a. The estimated premium for this Coverage This Coverage Form is void in any case of Form is based on the exposures you told fraud by You at any time as it relates to this us you would have when this policy be- Coverage Form. It is also void if you or any gan. We will compute the final premium other "insured", at any time, intentionally due when we determine your actual ex- conceal or misrepresent a material fact con- posures. The estimated total premium cerning: will be credited against the final premium a. This Coverage Form; due and the first Named Insured will be b. The covered "auto"; billed for the balance, if any. The due date for the final premium or retrospec- c. Your interest in the covered "auto"; or tive premium is the date shown as the d. A claim under this Coverage Form. due date on the bill. If the estimated total premium exceeds the final premium due, 3. Liberalization the first Named Insured will get a refund. If we revise this Coverage Form to provide b. If this policy is issued for more than one more coverage without additional premium year, the premium for this Coverage charge, your policy will automatically pro- Form will be computed annually based on vide the additional coverage as of the day our rates or premiums in effect at the the revision is effective in your state. beginning of each year of the policy. 4. No Benefit To Bailee - Physical Damage 7. Policy Period, Coverage Territory Coverages Under this Coverage Form, we cover "ac- We will not recognize any assignment or cidents" and "losses" occurring: grant any coverage for the benefit of any person or organization holding, storing or a. During the policy period shown in the transporting property for a fee regardless of Declarations; and any other provision of this Coverage Form. b. Within the coverage territory. 5. Other Insurance The coverage territory is: a. For any covered "auto" you own, this a. The United States of America; Coverage Form provides primary insur- b. The territories and possessions of the ance. For any covered "auto" you don't United States of America; own, the insurance provided by this Cov- erage Form is excess over any other c. Puerto Rico; collectible insurance. However, while a d. Canada; and covered "auto" which is a "trailer" is e. Anywhere in the world if: connected to another vehicle, the Liability Coverage this Coverage Form provides (1) A covered "auto" of the private for the "trailer" is: passenger type is leased, hired, rented (1) Excess while it is connected to a or borrowed without a driver for a motor vehicle you do not own. period of 30 days or less; and (Z) The "insured's" responsibility to pay (2) Primary while it is connected to a covered "auto" you own. Page 8 of 11 Archive COP,)/® ISO Properties, Inc.,2005 CA 00 01 03 06 ❑ damages is determined in a "suit" on a. That are, or that are contained in any the merits, in the United States of property that is: America, the territories and posses- (1) Being transported or towed by, sions of the United States of America, handled, or handled for movement Puerto Rico, or Canada or in a set- into, onto or from the covered "auto"; tlement we agree to. We also cover "loss" to, or "accidents" in- (2) Otherwise in the course of transit by or on behalf of the "insured"; volving, a covered "auto" while being trans- ported between any of these places. (3) Being stored, disposed of, treated or 8. Two Or More Coverage Forms Or Policies processed in or upon the covered auto"; Issued By Us b. Before the "pollutants" or any property in If this Coverage Form and any other Cov- which the "pollutants" are contained are erage Form or policy issued to you by us or any company affiliated with us apply to the moved from the place where they are same "accident", the aggregate maximum accepted by the "insured" for movement into or onto the covered "auto"; or Limit of Insurance under all the Coverage Forms or policies shall not exceed the high- c. After the "pollutants" or any property in est applicable Limit of Insurance under any which the "pollutants" are contained are one Coverage Form or policy. This condition moved from the covered "auto" to the does not apply to any Coverage Form or place where they are finally delivered, policy issued by us or an affiliated company disposed of or abandoned by the "in- specifically to apply as excess insurance sured". over this Coverage Form. Paragraph a. above does not apply to fuels, SECTION V - DEFINITIONS lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or A. "Accident" includes continuous or repeated ex- result from the normal electrical, hydraulic or posure to the same conditions resulting in mechanical functioning of the covered "bodily injury" or "property damage". "auto" or its parts, if: B. "Auto" means: (1) The "pollutants" escape, seep, 1. A land motor vehicle, "trailer" or semitrailer migrate, or are discharged, dispersed designed for travel on public roads; or or released directly from an "auto" 2. Any other land vehicle that is subject to a part designed by its manufacturer to compulsory or financial responsibility law or hold, store, receive or dispose of such other motor vehicle insurance law where it is "pollutants"; and licensed or principally garaged. (2) The "bodily injury", "property dam- However, "auto" does not include "mobile age" or "covered pollution cost or equipment". expense" does not arise out of the C. "Bodilyinjury" bodily injury, or operation of any equipment listed in J Y J Y Paragraph 6.b. or 6.c. of the definition disease sustained by a person including death of "mobile equipment". resulting from any of these. Paragraphs b. and c. above do not apply to D. "Covered pollution cost or expense" means any "accidents" that occur away from premises cost or expense arising out of: owned by or rented to an "insured" with re- 1. Any request, demand, order or statutory or spect to "pollutants" not in or upon a cov- regulatory requirement that any "insured" or ered "auto" if: others test for, monitor, clean up, remove, (1) The "pollutants" or any property in contain, treat, detoxify or neutralize, or in way respond to, or assess the effects of which the "pollutants" are contained any Y P are upset, overturned or damaged as a "pollutants"; or result of the maintenance or use of a 2. Any claim or "suit" by or on behalf of a covered "auto"; and governmental authority for damages because (2) The discharge, dispersal, seepage, of testing for, monitoring, cleaning up, re- migration, release or escape of the moving, containing, treating, detoxifying or "pollutants" is caused directly by such neutralizing, or in any way responding to or upset, overturn or damage. assessing the effects of "pollutants". E. "Diminution in value" means the actual or "Covered pollution cost or expense" does not perceived loss in market value or resale value include any cost or expense arising out of the which results from a direct and accidental actual, alleged or threatened discharge, "loss". dispersal, seepage, migration, release or escape of "pollutants": F. "Employee" includes a "leased worker". "Em- CA 00 01 03 06 Archive Copy0 ISO Properties, Inc.,2005 Page 9 of 11 ❑ ployee" does not include a "temporary worker". you by a labor leasing firm under an agree- G. "Insured" means any person or organization ment between you and the labor leasing qualifying as an insured in the Who Is An firm, to perform duties related to the Insured provision of the applicable coverage. conduct of your business. "Leased worker" Except with respect to the Limit of Insurance, does not include a "temporary worker". the coverage afforded applies separately to J. "Loss" means direct and accidental loss or dam- each insured who is seeking coverage or age. against whom a claim or "suit" is brought. K. "Mobile equipment" means any of the following H. "Insured contract" means: types of land vehicles, including any attached 1. A lease of premises; machinery or equipment: 2. A sidetrack agreement; 1. Bulldozers, farm machinery, forklifts and 3. Any easement or license agreement, except other vehicles designed for use principally off public roads; in connection with construction or demoli- tion operations on or within 50 feet of a 2. Vehicles maintained for use solely on or next railroad; to premises you own or rent; 4. An obligation, as required by ordinance, to 3. Vehicles that travel on crawler treads; indemnify a municipality, except in con- 4. Vehicles, whether self-propelled or not, nection with work for a municipality; maintained primarily to provide mobility to 5. That part of any other contract or agreement permanently mounted: pertaining to your business (including an a. Power cranes, shovels, loaders, diggers indemnification of a municipality in con- or drills; or nection with work performed for a muni- b. Road construction or resurfacing equip- cipality) under which you assume the tort ment such as graders, scrapers or rollers. liability of another to pay for "bodily injury" or "property damage" to a third party or 5• Vehicles not described in Paragraph 1., 2., organization. Tort liability means a liability 3., or 4. above that are not self-propelled that would be imposed by law in the and are maintained primarily to provide mo- absence of any contract or agreement; bility to permanently attached equipment of 6. That part of any contract or agreement the following types: entered into, as part of your business, a. Air compressors, pumps and generators, pertaining to the rental or lease, by you or including spraying, welding, building any of your "employees", of any "auto". cleaning, geophysical exploration, lighting However, such contract or agreement shall and well servicing equipment; or not be considered an "insured contract" to b. Cherry pickers and similar devices used the extent that it obligates you or any of to raise or lower workers. your "employees" to pay for "property dam- 6. Vehicles not described in Paragraph 1., 2., age" to any "auto" rented or leased by you 3. or 4. above maintained primarily for or any of your "employees". purposes other than the transportation of An "insured contract" does not include that part persons or cargo. However, self-propelled of any contract or agreement: vehicles with the following types of per- a. That indemnifies a railroad for "bodily manently attached equipment are not "mo- injury" or "property damage" arising out bile equipment" but will be considered of construction or demolition operations, "autos": within 50 feet of any railroad property a. Equipment designed primarily for: and affecting any railroad bridge or (1) Snow removal; trestle, tracks, roadbeds, tunnel, under- pass or crossing; or (2) Road maintenance, but not construc- b. That pertains to the loan, lease or rental tion or resurfacing; or of an "auto" to you or any of your "em- (3) Street cleaning; ployees", if the "auto" is loaned, leased b. Cherry pickers and similar devices or rented with a driver; or mounted on automobile or truck chassis c. That holds a person or organization and used to raise or lower workers; and engaged in the business of transporting c. Air compressors, pumps and generators, property by "auto" for hire harmless for including spraying, welding, building your use of a covered "auto" over a cleaning, geophysical exploration, lighting route or territory that person or organi- or well servicing equipment. zation is authorized to serve by public However, "mobile equipment" does not in- authority. clude land vehicles that are subject to a I. "Leased worker" means a person leased to compulsory or financial responsibility law or Page 10 of 11 Archive COPY* ISO Properties, Inc.,2005 CA 00 01 03 06 ❑ other motor vehicle insurance law where it is a. An arbitration proceeding in which such licensed or principally garaged. Land vehicles damages or "covered pollution costs or subject to a compulsory or financial responsi- expenses" are claimed and to which the bility law or other motor vehicle insurance law "insured" must submit or does submit are considered "autos". with our consent; or L. "Pollutants" means any solid, liquid, gaseous or b. Any other alternative dispute resolution thermal irritant or contaminant, including proceeding in which such damages or smoke, vapor, soot, fumes, acids, alkalis, "covered pollution costs or expenses" are chemicals and waste. Waste includes materials claimed and to which the insured submits to be recycled, reconditioned or reclaimed. with our consent. M. "Property damage" means damage to or loss of O. "Temporary worker" means a person who is use of tangible property. furnished to you to substitute for a permanent N. "Suit" means a civil proceeding in which: "employee" on leave or to meet seasonal or 1. Damages because of "bodily injury" or short-term workload conditions. "property damage"; or P. "Trailer" includes semitrailer. 2. A "covered pollution cost or expense", to which this insurance applies, are alleged. "Suit" includes: CA 00 01 03 06 Archive COPY* ISO Properties, Inc.,2005 Page 11 of 11 ❑ i BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 10/31/2009 forms a part of Policy No- WC 006-98-8032 Issued to HOVNANIAN ENTERPRISES, INC By COMMERCE AND INDUSTRY INSURANCE COMPANY We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization_ The additional premium for this endorsement shall be 2 % of the total estimated workers compensation premium for this policy. WC 04 03 61 Countersigned by Gr (Ed. 11/90) Authorized Representative City of MEMORANDUM PLANNING&DEVELOPMENT DEPARTMENT•DEVELOPMENT SERVICES DIVISION-2600 FRESNO-REET•FRESN A 93721 DATE: November 25, 2009 N c� tl� s q-ri TO: KERRY TROST 3= Personnel Services Department -ZC `* 1 j FROM: JONATHAN BARTEL Planning & Development Department SUBJECT: REQUEST FOR CERTIFICATE OF LIABILITY AND ENDORSEMENT OF INSURANCE APPROVAL FOR PARCEL MAP NO. 2009-10 Attached are certificates of liability insurance required for the subdivision agreement for the Parcel Map. Please review for conformity to City acceptance policies. We are expediting the review of this map so if you could have comments back to us by the end of the day it would be greatly appreciated. If you have any questions, please contact me at 621-8076. Thank you, Jonathan Bartel