The URL can be used to link to this page

Home My WebLink About96-01539 \j \)- , ~ , ': 1 . ~ j ~ J [ )1 ,J I ~ I ~ j ~r ~I ~I d , - II Ii I . i - - - - - - . a .. . I I ~ ~ . ,~ ~, ....-~. ~. .. I ., . ... . .- .'.i,,-;r~t;;r- POlICY MJMBU TC. 703637.3 PRODUaIl ' BYERLY 1/ISI1RAIICI AGEIITS , BROJCEllS IIIC POB 525 - 525 II. 12TH STRBB'l' LEKOYIIB PA 170.3 (717) 761-4010 I 8RAHCH OffICI HARRISBURG /::2'::/ f IWIYLAlfD CASUALTI COllPAIlY . IIi5llIQII A.C. KUHII , SOli, IIIC. ETAL P.o. BOX 121 CUt.ISLB I IffItTM 06/01/93 PRO RATA SHORT RAT( ClAlSIFICATIOH TOTAL PRElUUlI SUBJECT TO EXPERIEIICB PLICABLB EXPERIEIICB KODIPICATIOII REKIUK ADJUSTED BY APPLICATIOII OF E ClASS lXPEMlITURE RAT( PREMfIIol 0608 44,689 11.8. 5,291 0609 41,088 12.74 5,235 0651 74,589 19.85 14,806 0652 609 - 15.80 96 0659 67,045 .3.30 29,030 0951 67,657 1.01 683 0953 75,384 .52 392 0971 112,605 11.77 13,254 ODIFICA 1011 68,787 1.171 ERIEIIC KODIFICATIO 80,550 PREKIUK D SCOUIIT SCHEDULB EIIIISYLVAIl Xl TOTAL STA PREIIIUK D STATB TOT DARD P I UK SCOUHT 0.2\ EARlIE I'REIIIU1I 0,550 8,216 72,334 .' EXPEIISB COIISTAIlT TOTAL EARIlED PREIIIUK TOTAL PREVIOUSLY BILLED 140 72,474- 33,135 ADDITIONAL PREll lUll DUE IIPAllY .:*!,','. :V>>~:";' -X:":.;',jI,t;'..,a, ",;"~;-~:.:::,:" " ~~_"., i.', "'t' . > ,,,,.",!_.~;,.,-..,, .u 39,339" -- ,," EXHIBIT A INSURED'S COPY r11 '_"I~';:("},~;'~w.r:J ~;..:'(-t~"';'-;" Inourod JQl.1CV IIVHBIR 'ROOUCIR IIUMBIR A<:COUN1' NUHBBR fAG. . ,~~7J , oou.au I' . lanl-, I ....... ~ G:le'MI" - PIIAI. JNlUtM 11IW1C:8 .. IllJnMra IQI\&l'1nfN Co. _. . a _ . _ ,... 'oJJer .tf. Date. 0'/01/') JroUcy 'ha. U -.- .....'ea '.0. _ 111 '011or IX,. o.'el 0./01/1. -.aU", D.", II/CH19' A4ir~1j D.... .. 'O'O'l''''J 'I'CIdUQK. 'RIIL' IMUNIICI CuUel., IA UIU ..., . . . . j '- . ..... lfJaoelU...U.... Cl... Ir,....... - ecw.r. . 1o?i11, In,.., ._,-.. LI.. II .... ,r_tWl .... ....:.. ~. C.) J'P ~.. _.._-(W 'U.. 10. U' 'r....torer. I 17.041 10 0.- .. 0 It ~~l' __~ .".. lOt U. ......'~I. 0,0. I 0.000 a 1.000 .~ a J'P (fA __ JOC ,u.a t.s.. 110 "....lOpor. 1 n.Hs 1,7" 0.- -. 0 It ~'r _.._ laC .uu 7'S" 11. .r..../e..,l. Ope. I O.CICIO 0 J.S" a.. It nl cr.tl ClClItI .UIO ..... JJ' .r..t...~. I .'.oe. J,10. 0._ t.... , It ,,<:r... ClCltlI 'Uto ..... 11. ....../~I. 0,0. I 0.000 , a.ost ~: n J'P -- 'UIS 7a", JJ4 'r.-1...~. I 0.2U I' 0._ :.. 0 ,.. It _.- 'Ult 72'S5 I). .r..../e..,l. 0,0. I 0.000 , 0.601 ,~ Of J'P ....- .. 94001 'U" lJO "....lOpor. I 102.915 ',au 0._ 0 17 ---- .. 94001 .101. 11' .r..../~I. 0,0. I 0.000 , a.'13 " 17 --.- ,..n 17CH5 u. '.._lOpor. I '0.141 ',1.7 0.- 0 J'P -.J.. . _ 'Mn .'tH5 lJt hOll./e..,l. 0,0. I 0._ 0 '.]0) .., I 17 _ 1715 - o JJ' .r..l...~. ] O.oao a 0._ 0 . To..] _nod hpoel\: AdY~ 'rlld_ Additional 'J'_iu.. l'eportM lI.tun 'C_SUI "porhd IALAHCI 'U11 c:otPAH'I .......CI DUIIIIISlJ1l<D U.5]' .,.u o o 4,704.00 0.00 '" 725 , a 210.00 0.00 TOtAL fllDllUlt .,91..00 CLUa DucaJPrZaf. HOT S8CWII '* TIlts JH't'OIC& WILL .& IOUND II TRI 'C'HEDVLI 01 YOUR POLIcY. III - MD MUL'1'trLUR DPtNlA:l'IOKII 1 .. axpo.uc. I 1Qoo J .. .1lpo.W. I 100 1 - Ion Appllc.bl. 4 .. IlrJINur. I 1 (I r E il L Y I il 5 :; i: ~ E ~ ~ AGEHTS & t::C;:;:i~~, J.,'.. ...- ~. . ..~ f'.Q, BOX 525, L:::.;::,"{!" '. .',~. l-;:a .fUONE: (711) 7':'..: .... C'.- " ) -., ,.' ,- ,- ~ ~ a "-j I _c_..o..l .', " : ~ <; ,'.:~ :~ :-: {' '" .~ ?~ ;, .; '- , n ' 'E' ..~ .. ~ ';: I:' .." ~; ._' ~1 0.. , ..>1 ,J ,., ~ r:: '~j ~.: ::' ~ ;":J ~ ~ ~ " # ~ .. . ~ . . . . . u ~ i I p'lti,! ;to < z .. ! . "Q <( z . . II 0 l( i lC · $ ;.l i .. i i ~.. ~ql j Il. 1I. Il. ~ Z :J .. Z ' ;.l _l~:':'- I' \,o.U:NlArAFll.lflliIiNt.l()l.!io,Wll'i-<,,\N 101m. (""'I.l4'2.lr'M IOU! "" A.M It"'-*: \)6'lHe IU q '10 "M ~MRYLANDCASUALTYCOMPANY and NORTHERN INSURANCE COMPANY OF NEW YORK, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUl\<IBERLAND COUNTY. PENNSYLVANIA v, NO, 96-1H9 CIVIL TERM A C, KUHN & SON. INC. Defendant JUR Y TRIAL DEMANDED ANSWI:R WITH NI:W MATTI:R AND COlJNTI:R CLAIM TO: MARYLAND CASUAL TV COMPANY and NORTHERN INSURANCE COMPANY OF NEW YORK. Plaintiffs. and their attorney. ROBERT D, KODAK. Esquire YOU ARE HEREBY NOTIFIED TO FrLE A WRITTEN RESPONSE TO TtIE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A IUOOMENT MAYBE ENTERED AGAINST YOU, AND NOW. comes the Defendant. A,C, Kuhn & Son, Inc" by its attorneys, MARTSON. DEARDORFF, WILLIAMS & OTTO, and avers as follows in answer to Plaintiffs' Complaint: I, Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the state of incorporation or principal place of business of the Plaintiff, Maryland Casualty Company, 2. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the state of incorporation or principal place of business of the Plaintiff, Northern Insurance Company of New York, 3, Admitted. 4, Admitted only that Defendant had workers' compensation and liability insurance through Byerly Insurance Agency. The balance of the averment is denied, It is specifically denied that the prices set forth on Exhibit A accurately rellect Plain!iffs' premium for said insurance, By way of further answer. Defendant is without information and belief as to the accuracy of the classifications and expenditures as set forth in Exhibit A, and therefore denies same, 5, Denied that Defendant orally promised to pay the amount set forth in Exhibit A By way of further answer, Defendant was charged momWy for his insurance and paid the amount ofthat premium in a timely manner, 6, Denied, Defendant has paid all premiums for the insurance coverage in question in full, 7 Denied, Defendant received an invoice for an additional premium in March 1996, and refused to pay same as there is no obligation to do so, WHEREFORE, Defendant AC, Kuhn & Son, Inc, demands judgment against Plaintiffs, together with costs, NEW MATER 8. Plaintiffs have received full payment for all balanc~s owed, 9, Plaintiffs' claims are barred by the Doctrine of Accord and Satisfaction. 10, Plaintiffs' claims are barred by the Doctrine of Estoppel. II, Plaintiffs' claims are barrtld by the Statute of Frauds. WHEREFORE, Defendant demands judgment against Plaintiffs, together with costs, COUNTER.CLArM Countt Bad Faith 12. The averments of paragr3phs I through II are hereby incorporated by reference thereto, 13. The Defendant never agreed to pay any additional premiums referenced in Plaintiffs' Complaint. 14. The Plaintiffs' actions in attempting to assess additional premiums was done in bad faith in contravention of 42 Pa. C. SA. ~8J71 and Defendant therefore makes a claim for damages, punitive damages, attorney fees and costs, WHEREFORE, Defendant demands judgment against Plaintiffs in an amount in excess of $25,000,00, plus interest, costs, allorney fee's and punitive damages, COIlNTER.CLAIM Connt2 Fraud and Deceit 15, The averments of paragraphs I through 14 are incorporated by reference thereto. CfRTIFICATE OF SfRVleE I hereby certilY that a copy oflhe foregoing Answer was served this date by depositing same in the Post Office at Carlisle, P A. first class mail, postage prepaid. addressed as follows: Robert D. Kodak, Esquire KNUPP & KODAK. P.C. Cameron Mansion 407 North Front Street P.O. Box 11848 Harrisburg, PA 17108-1848 MARTSON. DEARDORFF, WILLIAMS & OTTO -I~a'i...--a/'-. VV.vc,(~'" I rJ/,IJ .fA By ~ (/'; /.((h. Thomas J. Williams, Esquire . George B. Faller, Jr., Esquire Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant A.C. Kuhn & Son, Inc. Dated: April 29. 1996 ~ 1 ~ ...... 16. The averments of this paraaraph constitute conclusions of law to which no response is required. To the extent that a response may be deemed to be required, the avennenta Inl lI*ifically denied. To the contrary, Maryland's actions in calculatini the apprOpriate amount of premium due were proper and consistent with the terms and conditions of ill policies, WHEREFORE, Plaintiffs Maryland Casualty Company and Northern Insurance Company of New York respectfully request this Honorable Court to enter judgment in their favor in the IIllOUl'lt 01 $44,309.00, plus interest, costs, attorneys' fees, and such other relief deemed just and approprlare by this Court. COUNT m - UPA and CPL Violations 17. Maryland hereby incorporates by reference its Complaint and paragraphs 8 throuih 16, above, as if fully set forth hereunder. 18. The averments of this paragraph constitute conclusions of law to which no response is required. To the extent that a response may be deemed to be required, the avermenll are lI*ifically denied. To the contrary, Maryland's actions in calculating the appropriate amount of premium due were proper and consistent with the terms and conditions of its policies. WHEREFORE, Plaintiffs Maryland Casualty Company and Northern Insurance Company of New York respectfully request this Honorable Court to enter judgment in their favor in the amount of $44,309.00, plus interest, costs, attorneys' fees, and such other relief deemed just and appropriate by this Court. - 3 - '" ... NEW MA l'TEIl 19. Warjland hereby incorporates by reference its Complaint and paragraphs 8 lIuou&h II, Ibow, L' if fully set forth hereunder. 20. Upon information and belief, Kuhn souiht to purchase insurance from the Byerly Inauranl:e Aaency (bcRinafter "Byerly") for Worken' Compensation and Commercial Oeneral Liability InIlll'ldCe at some time prior to June 1, 1993, for the policy year June I, 1993 throup June 1, 1994. 21. Throulh Byerly, Kuhn applied to Maryland for Worken' Compensation and Commen:lal General Liability Insurance for the year June 1, 1993 through June I, 1994. 22. Upon information and beliel, prior to submittinl its application for insurance to Maryland tbrou&h Byeriy, Kuhn had available to it documents which contained, _ alia, information about the manner in which premium was to be calculated and the audit process to be employed. 23. Upon information and belief, in makini its application for insurance to Maryland throuah Byerly, Kuhn provided Byerly with information about its employees and payron clasaificapQftt. These classifications were used by Maryland to determine the estimated premium payable, whicb was not to become fmal, punuant to the terms and conditions of the policies, until after the policy year ended and an audit was conducted. 24. Classifications of Kuhn's employees and other matters affecting the amount of premium payable are not final until a premium audit is conducted after the end of the policy term. After the premium audit was conducted, the final premiums were calculated by Maryland for payment by Kuhn, resulting in a premium due of $44,309.00. - 4 - ... ,... 13. Ally iWpRIIRClWons made by Maryland as to premiums are entirely contained widWldllt po&ia iUUIId 10 KI.Ihn. The estimated premiums calculated, based upon Kuhn's prior aperitace lAd employ. c:laloIifications, were to be adjusted at a laler date after a pnlmium audit, u ia .. b1Il ill said policies. 26. Kuhn had, at all relevant times hereto, control over its own business operations, payroll, lAd ,..uminary classifications of employees utilized in makinl an application lor insutanl:e. KI.Ihn's business operations uitimately dictated the final cla.uiflcations of employees lAd payroll IIIROUlIts for the PU1))Oscs 01 determininl the premiums payable under Maryland's polkia. 27. Upon information and belief, Kuhn, prior to June I, 1993, had pun;hased Commereial General Liability and/or Workers' Compensation Insurance and had specific and prior experi.ellc:c with the methods of classification, the estimation of premiums, and the audit pt9COllII .. forth in Maryland's policies. 28. Both the Commercial General Liability Insurance policy and the Workers' Compensation policy clearly disclosed that an audit would be conducted at the end of the policy period and t1Iat, as a result of said audit, the appropriate earned premium wouid be calculated. Suda pnmium, if in excess of the original estimate, was to be billed to Kuhn as the named illsured. Similarly, if the earned premiurn was determined to be less than the estimated premium which bad been paid at the Cllmmenccment of the policy period, a refund would have been made to Kuhn. Upon information and belief, these disclosures were also made orally to Kuhn prior 10 the Wuance of both policies. Further, upon information and beliel, any representations made by Byerly 01' disclosures made by Byerly were consistent with the terms of the policies. - S - .... ~ 1. If we c:anc:ai, final premium will be wculatcd pro rata based on the time this policy was in force. Pinal premium will not be less than the pro rata share of the minimum premium. 2. If you cancel, final premium will be more than pro rata; it will be based on the time this policy was in force, and increased by your short-rate canceUation table and procedure. Final premium will not be less than the minimum premium. ,. Records You will keep records 01 information needed to compute premium. You will provide us with copies of those records when we ask for them. G. Audit You will let us examine and audit all your records that relate to this policy. These records include !ed1er5, journals, relisters, vouchers, contracts, tax reports, payroll and disbursement records, and propams for storinl and retrieving data. We may conduct the audits during regular business hours durinl the policy period and within three years after the polley period ends. Information developed by audit will be used to determine final premium. Insurance rate service organizations have the same ripts we have under this provision. 32. 1be terms of the applicable policies at issue specifically advised Kuhn that the adwncc premium paid was a deposit only and subject to subsequent premium audit, which could result in a hiaher premium due from Kuhn. - 9 - ~ ~ 33. Upon inlormation and belief, Kuhn had procured insurance for Workers' Com~~rion liability and Commercial General Liability for policy years prior to June 1, 1993 and each of Kuhn's policies for previous years provided for the same type of audited premium adjustment. 34. On or about September 29, 1994, Kuhn was presented with the results of Maryland's audit. Upon information and beliel, Kuhn disagreed with the results of the audit but did not provide any specific reason for his disaareement. 3'. On or about February 14, 199', Kuhn agreed to pay the total amount due and owing, acknowledlinl that it did, in fact, owe the final audit premium due. 36, Kuhn has failed to state any cause of action upon which relief can be lranted. 37. No statutory authority exists for Kuhn's request for counsel fees. 38. Kuhn's claims are barred by the statute of limitations. 39. Kuhn's claims are barred by the doctrine of estoppel. 40. Kuhn has faiied to exhaust its administrative remedies with respect to its claims. The filing of this Counterclaim by Kuhn and the commencement of this type of claim is obdurate, vexatious, and done in bad faith. 41. The continuing prosecution of the Counterclaim is conduct during the pendency of the litigation, which is dilatory, obdurate, vexatious, and done in bad faith. 42. Maryland is entitled to its counsel fees in connection with the defense of this Counterclaim punuant to 42 Pa.C,S.02'03(7) and/or 02~03(9). WHEREFORE, Plaintiffs Maryland Casualty Company and Northern Insurance Company of New York respectfully request this Honorable Court to enter judgment in their favor in the - 10 - -- -- CERTIFICATE OF SERVICE The undenilned hereby certifies that he is this day servinl a copy of the foregoing document, upon the person and in the manner indicated below, which service satisfies the requirements 01 the Pennsylvania Rules of Civil Procedure, by depositinl a copy of the same in the United Slates Mail, at Harrisburg, Pennsylvania, with first-class postage pre-paid and affixed, and addressed as follows: Thomas J. Williams, Esq. Dearie B. Faller, Jr., Esq. Manson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 DATED: June 18, 1996 ECKERT SEAMANS CHERtN '" MELLOTT . Hirsch, Esq. Supreme Ct. 1.0. #37383 Bruce J. Warshawsky, Esq. Supreme Ct. J.D. #58799 One South Market Square Building 213 Market Street Harrisburg, PA 17101 (717) 237-6000 Attorneys for Plaintiffs Maryland Casualty Company and Northern Insurance Company of New York ~ ~ i It ! r-' " .... i. ,~" ' j ,~i , . I'! I ... ~ I "\!, :' 'II': ~.... " I, ., I " " . '. .. ' , :) i:. t~- ,-'. ! \ '1 " i , t : ~ ' . \ ~ i , . i , i ) , . ~\, - 'o, ~. , '. " << I w I , ; .. -I. . , i .. \ I j , i I j '., \ ~ ,.... The d lnsurance Croup '070 Rmrr Ruad ~h~(h;aninhurM. Pl:nnil)'l\OU1i. 170"....91 7'7-791"9711 !!!!!ICATION or POLICY RECORDS The attached record constitutes documents relevant to the contents of policy LI'III'IJ'III./?3 , effective ~/I/f.J- f'/ ,along with the applicable forma and endorsements identified therein. ~1I~ ~l~~~ ~j/~/~~ Date Ill......... c-.M" c..,.., A..rMCwl:OIItfWIr oi A_rKI N.._.. !lMdNd 1_" UNnpan, ~ 1........_.. c:.uftljUn. M...,I.ndU.".,. w~ Sundlnl ..nd t.:M1lI11} c..,"~, N'lfll,.,n 1""'''-.IIIff Cum"<ln,.ot Nrw ,;..~ Vlhlnllnw"turl:'m1p<I", "'"'" ~OMMERCIAL INLANlJ MARINE Important Notice to Policyholders This notice Is not your policy. It merely describes some of the major features of the new Contractor's Equipment Inland Marine Forms. READ YOUR POLICY CAREFULLY to determine rights, duties, and what is and is not covered. Only the provisions of your policy determine the scope of your insurance protection. CONTRACTOR'S EQUIPMENT COVERAGE FORM CONTRACTOR'S EQUIPMENT BLANKET COVERAGE FORM I. .Covered Property" SectIon A. Broadening In Coverage The new form clarifies our coverage Intenl by Including mobile equipment as part of Contractor's Equipment. Mobile Equipment Is specifically defined In the Definitions. B. Reduction In Coverage · Property In your care, custody or control, other than scheduled property Is no longer automatically covered. II. .Property Not Covered" Section A. Broadening of Coverage Conlractor's Equipment for .forestry, logging or sawmill operations,. are now covered property. Property to be Installed or which has become a permanenl part of any slruclure does not fall under our covered property definition as It Is more epproprlalely covered by en Installallon Floater. Therefore, there was no need to Include It under property not covered. .Orllls, augers, bit drills, pipe or other drilling equlpmenl" are now covered property. B. Reduction In Coverage Conlraband or property In the course of illegal trade Is never an Intended area of coverage and Is a standard Industry exclusion. While rewrlllng our form, we have clarified this point. III. MAddftlonal Coverage" Section A Broadening In Coverage * Clarified whalls Newly Acquired Equlpmenl by delellng vague wording In the old form of .property similar to lhe equlpmenl described.... " Eliminated the need 10 report Newly Acquired Equipment In writing. _RoY....ll2 Page 1 of 3 ! i 'j ! J I I I I i ! , i I I ! , ,c1 1 -j ~ ~ · Increased reporting timt....dIlle on Newly Acquired Equipment from 3u to eo deys. A separete limit for "Debris Remova'" is now provldad. We will pay "10% 01 the value 01 the damaged Item...not to exceed $100,000. IV. "Coverage Optlona" Section A. Broadening in Coverage Employees' toola now Is a coverage option. If coverage ia trigger, the Insured does not nesd to Itemize empioyees tools up to $500 per item. . Unscheduled equipment coverage is an option providing coverage on items up to $1,000. V. "Exclualon," Section A. Broadening in Coverage Broadens the scope of coverage resultant from Mechanical Breakdown to Include all Covered Causes of Loss. Vandalism and Malicious Mischief to mounted tires and tubes Is no longer exciuded. Civil disorder, civil commotion, riot and mob action Is no longer excluded. B. Reduction in Coverage Inlentionally excluded "the weight of a load or 11ft exceeding the manufacturer'e rated IIftJng capacity;" to focus underwriting to high loss pOlentlai. Exclusion buy-back is available. Intentionally excluded "Collapse or collision of a boom or a Jib unless directly caused by lightning, explosion;" to focus underwriting to high loss potential. Exclusion buy-back is available. Now excluded "Release of Pollutants" in view of current legal cllmale regarding this exposure. C. Clarfflcatlon In Coverage The exclusions language h8$ been updated 10 rellectthe current ISO wording on alt exciuslon. VI. "Addlllonal Conditions" Section A. Broadening In Coverage Coverage Territory now includes Alaska, HawaII, Canada and Puerto Rico. The Coln$urance provision Is reduced from 100% 10 80%, and now delermlnes Coinsurance by comparing lhe Umlt of Insurance per Item, while lhe old form compared the lolal value of all property. Impairment of Recovery Rights on lhe old form excluded losses, if an agreement, before or after the loss, Impaired your right to recover. The new form excludes only agreemenls thaI lake place after the loss. "Civil Aulhority" condlllon was deleted. 'Prolective Safeguards" condillon deleted. ll6OOO1 Roy. 1292 Page 2 of 3 ,. ,.r...:.. " .' PROD .' . i OF' NEW YORK A STOCK COMPAtlY NEW YO"" J"'" t ... -:', ',., .j.,i.n....... ~'~'_\r,~.~'....-.'"!lf~~, ~ " . ~ . .... c., .\ l':_,. NY 10038 ~,ss ., . SIC-1542 GAC-INN . .'. ,. COMMON POLICY DECLARATION THIS COMMON POLICY DECLARATION WITH COVERAGE PARTS AND ENDORSEMENTS, IF ANY. ISSUED TO FORM A PART THEREOF, COMPLETES THE ABOVE NUMBERED COHMERCIAL INSURANCE POLICY. 1. NAMED INSURED AND MAILING ADDRESS. A C KUHN & SON INC ETAL (SEE NAMED INSURED END) ;. 0 BOA !::! PRODUCER NAHE AND ADDRESS. BYERLY INSURANCE AGENTS. . POB ~2~ ~ ~2~ 101, 12TH STREET LEMOYNE ,PA 17043 . <.'.:. .. j." CARLSIL::: , 1\) 17013 (717)761-4010 ,r. . 2. POLICY PERIOD: FROM 06/01/93 TO 06/01/94 AT 12101 A.H~ STANDARD TIME AT YOUR MAILING ADDRESS 'SHOWN ABOVE BUSINESS DESCRIPTION: GENERAL CONTRACTOR FORM OF OUSINESS: CORPORATION ; j 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. ' .', . . '-'\ ".. :.. ,\ ~ . I .. ... .~ f ., ---------------------------------------------------------------------------- , . 3. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS , FOr( WIHCH A PREMIUM IS INDICATED. THIS PREHIUM HAY BE SUBJECT. TO ADJUSTMENT. . . . _'..;...::: PREMIUH CO!1MERCIAL PROPERTY COI/I-:RAGE PART , ...... 3,007.00. COMMERCIAL GENERAL LIABILITY COI/ERAGE PART. . 10,364.00~ COMMERCIAL INLAllO MARINE COVI::RAGE PART . . 2,381.00 TAXES/SURCHARGES' . . 0.00 , ,,:rlJ.T~L.,.....,.... 15,75:il.f00 .. .,. . ~. ," t ~.\. .' ....._ ..... PR!::i1!Ut1 IG r'>\'l'iWLE HI WST,)l.LMDITS: SEE'ENDciR~~~E~T." ":.- ~ ."1; ';'. ',' .,'.'.. . ',.;'" ' ... '..;,.:;,.J...,i~~;!"'..:c.I':,.-"""\~y~N:.!lgCJ)IN HARRISBURG ~', . ..0. ". .. ..~. t'~. ._..~~M_.___ . "t.. -------------~----~--------~---~~-:~~-----~-------------------ee~~~----~- FORMS AF'PLICAElLE TO ALL PARTS: . '.. " ____ _: :_~~_ ~:_:~ _~~ _. __~ :_~~ _ ~ ~ _ ~ ~ _ ~:: _ _____~_ ______________ __ __~~_~:~:3~. ____ P.o.c.o. , . COUtHERSIGNED BY' ." . ----(DAfE)---------- -----AOTHORyzED-REPRESENTATIvEr--~-- . . .' 061193150015001500 ---------..------------------------------------------------------------------ INCLUDES COPYRIGHTED MATERIAL OF INSURANCE SERI/ICES OFFICE, INC., WITH ITS F'ERM ISSION. CIW'ff;' IGH1, Illsur(AtICE SERVICES OFFICE, INC., 1964. 3724 Ed. 3-14 ". , r ~. POLICY NUMBER PRODUCE" "itMSER . EPA19141473 00398264 ..... ,JGJC 09/10/tJ. ,', :". PAG! 01i-HARRlSaURG NORTHERN INSURANCE COMPANY OF NEW YORI< A STOCK COMPANY NEW YORK ,NY 10038 AUD IT CODE, 4 ENDORSEMENT SUMMARY CHANGES NAMED INSURED AND MAILING ADDRESS A C KUHN & SON INC ETAL (SEE NAMED INSURED ENOl POBOX 1:<:1 PRODUCER NAME AND ADDRESS BYERLY INSURANCE AGENTS & SROKERS INC POS ~Z~ - ~Z~ N. lZTH STREET LEMOYNE PA o170~3 CAni..S ILa: P;.. 1701:3 COMMON POLICY POLICY PERIOD ENDORSEMENT EFFECTIVE DATE FROM 06/01/93 TO 06/01/94 09/0Z/93 IT IS AGREED THAT THE FOLLOWING CHANGES APPLY, LOC. 6-1 N/S RT 17, SW MADISON TWP., PA. AND LOC. 9-1 RT 17, SW MADISON iWP., PA. ARE DELETED FOR ALL COVERAGES. ENDORSEMENT NO. 1 ~ 0 1993 . 09099;,:1161)0 ~ AUTHORIZED REPRESENTATIVE (DATEl '0 , I' ';'..~::<:,; . ," ' .. . ER PAG. ',i.-., ..' '.. " .,,1 \, '. .. . AUPIT Cggi. ~ OF tU::W YORK NEW YORK A STOCK COMF'ANY NY 10030 PAYMENT EXTENSION SCHEDULE SUMMARY NAM~D INSURED AND MAILING ADDRESS: A C KUHN & SON INC ETAL (SEE NAM~D INSURED ~NO) P 0 [lOX 121 PRODUCER NAME AND ADDRESS: [lYERLY INSURANCE AGENTS P08 ~25 - 525 N. 12TH STREET LEMOYNE PA 170431223 CARLSILE PA 17013 POLICY PERIOD: FROM 06/01/93 TO 06/01194 r' TERM EFF DMTE: 06/01/93 TERM EXP DATE I 06/01/94 DATE DUE TO COMPANY 06 01 93 07 01 93 08 01 9:5 09 01 93 10 01 93 11 01 93 12 01 93 01 01 94 02 01 94 AMOUNT $3,944.32 $1,475.96 $1,475.96 $1,475.96 $1,475.96 $1,475.96 $1,475.96 $1,475.96 $1,475.96 $15,752.00 $15,752.00 '0.00 TOTAL PAYMENT AMOUNT TOTAL PREMIUM AMOUNT SERVICE CHARGE IF PAYM~NTS SHOWN ON THIS INSTALLMENT SCHEDULE DIFFER FROM THE BILLING STATEMENT, PAY THE AMOUNT SHOWN ON'BILLING STATEMENT. . '. , -1 75,~::-j I)~; t} 1 !),V 11/'J3 m. Ed, 30.. 1~~'& _:. , .. t ..... ..'. .. ',-,.J," . "-Jr;,;...>' ~..-........'.,. _.~,l,.. . ".' .. . ,.,..t,. ,0." "Jl:f~:"'t,j~;.. <1o~\,,,,,,,,;,.!")~,,,,;,,,,'~.4:, . '", ....... ",'" ,,'~: ,': '; '.",:, ; ,~' , . ~ '.. . PM .,!.~ \ . : ;. ':. ;1 ; t..... ",... OF NEW YORK A STOCK COMPANY NEW YORK NY 10038 .. MANUSCRIPT ENDORSEMENT NAMED INSURED AND MAILING ADDRESS. A C KUHN & SON INC F.TAL (SEE NAMED INSURED END) P 0 flOX 121 PRODUCER NAME AND ADDRESS. BYERLY INSURANCE AGENTS POB 323 - 323 N. 12TH STREET LEMOYNE PA 170431223 CARlSILE f'A 1:101;: DATE OF ISSIJE POLICY EFF DATE TERM EFF DATE 04/2f.1/93 06/01/93 06/01193 ~. , POLICY EXP DATE TERM EXP DATE 06/01/94 06/01194 . ---------------------------------------------------------------------------- FORM NUMBER NAMED INSURED ENDORSEMENT IT IS AGREED THAT THE NAMED INSURED APPLIES AS FOLLOWS, A. C. KUHN & SON, INC. ENOLA CONSTRUCTION CO., INC. KENDOR ENTERPRISES, INC. ALBERT C. KUHN & EDITH B. KUHN .. .. " :1724 Ed. ~ .', ...., -' "'""'" ~ COM MON POLICY CONDITIONS All Coverage ParIs included in this policy are subject to the following conditions, A. CANCELLATION D. INSPECTIONS AND SURVEYS 1. The first Named Insured shown in the Declara- We have lhe right but are not obligaled to: tions may cancel lhis policy by mailing or 1, Make inspections and surveys at any time: delivering to us advance written notice of cancellation, 2, Give you reports on the conditions we find: and 2, We may cancel this policy by mailing or deliver- 3. Recommend changes, Ing to lhe first Named Insured written notice of Any inspections, surveys, reports or recommenda- cancellation at least: lions relale only to insurability and lhe premiums to a, 10 days before the effective date of cane ella- be charged. We do nol make safety inspections, We lion if we cancel for nonpayment of premium; do not undertake to perf~rm lhe duly of any person or or organization to provide for the health or safety of workers or the public, And we do not warrant that b. 30 days before the effective date of cancella- conditions: lion if we cancel for any olher reason, 1. Are safe or healthful: or 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to 2. Comply with laws, regulations, codes or slan- us. dards, 4. Notice of cancellation will state the effective This condition applies not only to us, but also to any date of cancellation. The policy period will end rating. advisory, rate service or similar organiza- on that date, tion which makes insurance inspections, surveys, 5. If this pnlicy is cancelled. we will send the first reports or recommendations. Named Insured any premium refund due. If we E. PREMIUMS cancel. the refund will be pro rata, If the first The first Named Insured shown in the Declarations: Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective 1. Is responsible for the payment of all premiums; even if we have not made or offered a refund. and 6, If notice Is mailed. proof of mailing will be suffi. 2. Will be the payee for any return premiums we cient proof of notice. pay, B. CHANGES F. TRANSFER OF YOUR RIGHTS AND DU. This policy contains all the agreements between TIES UNDER THIS POLICY you and us concerning the insurance afforded, The Your rights and duties under this polley may not be first Named Insured shown in lhe Declarations is transferred without our written consent except in authorized to make changes in lhe terms of this the case of death of an individual named insured, polley with our consent, This policy's terms can be If you die, your rights and duties will be transferred amended or waived only by endorsement issued by to your legal representative but only while acting us and made a part of this policy, within the scope of duties as your legal represen- C. EXAMINATION OF YOUR BOOKS AND tative. Until your legal representative is appointed, anyone having proper temporary custody of your RECORDS property will have your rights and duties but only We may examine and audit your books and records wilh respect to that property, as they relate to lhis policy at any time during the policy period and up to three years afterward, IL 00 17 11 85 Copyright. Insurance ~ervlCes Office, Inc.. 1982. 1983 o ~ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ~ IL 01 720493 PENNSYLVANIA CHANGES - TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY The TRANSFER OF YOUR RIGHTS ANO OU- TIES UNDER THIS POLICY Common Policy Condition is replaced by the tollowing: F. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY YOur rights and duties under thIs policy may not be translerred Without our wri"en consent except In the case at death at iln indiVIdual named in, sured, It vou die, Vour righta and duties will be trans- terred to your legal repreSentallve but onlV WhIle acting Within the Scope at duties as your legal rapresentative. Until vour legal representative IS appointed. anVone havlOg proper temporary cus, todv at vour property will have Vour rights and duties but onlV with respect to that property. I L 01 72 04 93 This endorsement modities insurance provided under the follow 109: BOILER AND MACHINERY COVERAGE PART COMMERCIAL CRIME COVEflAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART It you die. this Coverage Part will remain in eHect as provided in 1. or ~. below. whichever is later: 1. For 180 days alter vour death regardless at the pOlicV pellod shown in the Declarations. un- less the insured property is sold prior to that date; or 2. Until the end at the policV periOd shown in the Declarations. unless the insured property is sold prior to that date, Coverage during the periOd 01 time after VOllr deam is subject to all prOVISions 01 this policy including payment of any premium due lor the policy periOd shown in the Declarations and anV extension 01 that period, Copyrrght, Insurance Serl/'ces Qffice, Inc.. 1992 Copyrrght. !SQ Commerc'al R'sk Se""ces, Inc.. 1992 o ""'" ~ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PENNSYLVANIA CHANGES - CANCELLA liON AND NONRENEWAL Tn.s endorsement modi'ies insurance prOVided under the 'ollowlng: BOILER AND MACHINERY COVERAGE PART BUSINESSOWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL CRIME COVERAGE PARTot COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART ot This endorsement does not apply to coverage provided 'or employee dishonesty (Coverage Form A) or public employee dishonesty tCoverage Forms 0 and PI A. The CANCELLATION Common Policy Condi- c. A condition, 'actor or loss uperience lion IS replaced by the following: materl~I. to Insurability has changed CANCELLATION substantially or a substantial condition. 'actor or loss expenence mater III to 1. The first Named Insured shown in the Insurability has become known during Declarations may cancel this policy by the policy period. Notice of cancella- writing or giving notice 0' cancellation, tlon Will ce maoled or delivered at least 2. CANCELLATION OF POLICIES IN EFFECT 60 days be'ore lhe effective date of FOR LESS THAN 80 OAYS cancellation, We may cancel thIS policy by mailing or d. Loss 0' reinsurance or a Substantial delivem'g to the 'lrst Named Insured decrease In reinsurance has occurred. written notice of cancellation at least 30 which loss. or decrease. a.t. the time days before the effective date of can- 0' cancellation. shall be certified ~o the cellation. Insurance. CommlSSlo,:,er as directly affectIng In-'orce poliCies. Notice of 3. CANCELLATION OF POLICIES IN EFFECT cancellation will be mailed or delivered FOR 80 OA VS OR MORE at least 60 days before the effective If this policy has been in effect for 60 date 0' cancellation, days or more or i' this, policy is a re- e. Material faolure to comply with policy newal of a policy we ISsued. we may terms conditIons or contractual duties, cancel this policy only for one or more Notice of cancellation will be mailed of the follOWing reasons: or delivered at least 60 days before e. You have made a material misrepre- the effective date 0' cancellation. sentatlon which affects the Ins\,rabllity f. Other reasons that thll Insurance of the risk, Notice 0' cancellatIon Will CommIssioner may approve. Notice be maoled or delivered at least 15 days 0' cancellation will be mailed or de- before the effectIve date of cancella- livered at least 60 days before the t,on, e"ectlve date 0' canceflation, b. You have failed to pay a premium This. policy may also be cancelled from 11'- when due, whether the premium IS ceptlon upon discovery that the policy was payable directly to us or our agents obtllned throu..h fraudulent statements. or Indirectly under a premIum ',nance omiSSIons or concealment of facts material plan or ..tension of credit Notice of to the acceptance 0' the risk or to the cancellation woll be mailed at least 15 hazard assumed by us. days before the e"ectlve date 0' cancellation. IL 02 46 06 89 Copy"..ht. Insurance Services' Office, Ine 1986, 1989 CopyrI,,"!. Isa CommerCial Risk Services Ine, 1986. 1989 Page I of 2 G """ 1"1\ IL 09 10/HO 291 lEd. 01 811 PENNSYL VANIA NOTICE An Insuranc. Company, its agents. employees. or service contractors acting on its behalf. may provide ..rviclS to "duc. the likelihood of Injury. dealh or loss. These services may include any of th. following or "Iat.d services incident to lhe application for. issuance. renewal or continuation of. I policy of msurilnce: 1. surveys; 2. consultltion or Idvice; or 3. insp.ctions. The "Insurance Consultiltion Services Exemption Acr' of Pennsylvanil provides thlt the Insurance COmPIl1Y. its Igents. emploVees or service contractors ilcting on its behllf. is not liable for dlmlg.s from injury. delth or loss occurring 15 I result of any Ict or omission by any person in lhe furnsihing of or the filllure to furnisfi thes. servic.s. Th. Act do.s not Ipply: I. if the injury, deilth or loss occurred during the actual performance of the services and was caused by th. negligence of the Insurance Company. its agents. employees or service contractors; 2. to consultation services required to be performed under a written service contrlct not related to a policy of insurance; or 3. if any acts or omissions of the Insurance Company. Its agents. employees or service contractors lI'e judicially determined to consititute a crime. ilctual malice. or gross negligence, Instruction to Policy Writers Attach the, Pennsylvania Notice to all new and renewal certificates insuring risks located in IL 09 10/HO 291 (Ed. 01 811 8. 9. 10. 11. 12. . ~' ~' _.._.......1..< . .......",- .':..~~,.: . . .._"'i.....".."". '., _ _, . . .' .~'C-.;r:~~. ',;.. ~l!' . ... ~.> ..... .. '. ' '''., "'.,". .' .,;", ~. .. .. ' .,'....'It#a:...sI1'o.:a '*"~\,.~ \, 'w" '. o ""'~, '.~ :~l. '..Jo '.~. "Il!VISm"" "_'e ..: . " ' .' '... .. " .... ."~'..\ ... '.. . .', ...... . ' .~. ........ '... . " STATEMENT or VALl1!S LOCI ADDRESS BUILDING COVERAGE BUSINESS INCOKE CONSTRUCT~ON 1. 700 S. ALLEN ROAD S. MIDDLETON TWP. HAS CllHB CO. $100,000. 5,000. 2. R 700 S. ALLEN RD. S. MIDDLITON TWP. TOTAl. SCBEDlJL!D LIIIIT HAS CllHB CO. 12.5,000. l22.5,Ooo. 3. 710 ALEXANDER SP. lD.* 5. MIDDLETON TWP. HAS CllHB CO. 200,000. 10,800. 4. 706 s. ALLEN RD. s. MIDDLETON TWP. FRAME CUHIl co. 100,000. 4,800. .5. 5/s SPRING RD. W. PENSBORO TWP. a.D. '1, BLAINE W.E. KADISON TWP. STONE CUMB CO. 7,200. 100,000. 6. FRAME PEUT CO. 75,000. 4,800. 7. RWY. 21864 W. PENNSBORO TWP. ADJACENT TO 19 W. PENNSBORO TWP. HAS CUHIl CO. FRAME CUMB CO. 114,000. .5,400. 46,000. ADJACENT TO 19 W. PENNSBORO TWP. FRAME CUMB CO. 6,200. a 710 ALEXANDEll SP. RD S. MIDDLETON TWP. CUM! CO. 50,000. 708 S. ALLEN RD. S. MIDDLETON TWP. FRAME CUM! CO. 100,000. 6,000. . 8Q7 ALEXANDER SP. RD. CtIMB CO. 50,000. $ 841,200. , 757.080. 48,80Cl. 44,000. 'TOTAL 1VO% VALDES: TOTAL 90% VALUES: ,-" ..0-... ._ ~ .~,.".~~:>,j~, ',,: THIS INDORSEMENT CRAl4uES THE Po'LicY.'PWSE READ IT CAREfUL"ft ~ , l :: .~. ~ '-;;":-~.'~~i~'-:-~"" . ,.,. POLICY CHANGES Polley CIllll1 Number _ . POUCY NUMBER POLICY CHANGES EFFECTIVE 06/28/93 COMPANY IPAJ9141473 1011'I'IIII11. DSUUIICB CO. Ol' n NAMED INSURED AUTHORIZED REPRESENTAnVE A C DIDf i SOB lIC. I'fIIlLY IBSlJUIICE AGEIITS IlHJ0388264 COVERAGE PARTS AFFECTED C--CUL PIOl'Dn' CHANGES II COIISmEU7IOB: 07 TIlE PIEHI1lK r.IInr-m. It' IS .lmllnm 'CLU' TIlE IOLLDlmIG IS ADDED AS JIOllTGAGU VITJl IBSl'BCT to LOCArIOB: 12" IJ.DG II: ' ,.llllllnlcr DUS'l' BAllI: 1 WEST BIGB S'lUI:r C.lIU.ISLI PA 17013 Clf/n 8-12-93 . '. . . .~I 2 1993 IL 12011185 Authorized Representative Signature Copyright. Insurance Services Office. Inc.. 1983 COPYright. ISO Commercial Risk Services. Inc,. 1983 ~- ... .11........- .~... '~,. --- .".~. ''', 1""0',_.. .... l'l' . .' ., j , '. "" ' THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CARE'UU Y. POLICY CHANGES PoUoy Ch... Number _ E : POLICY NUMBER POLICY CHANGES EFFECTIVE 06/22/93 NORTHERN INSURANCE COMPANY OP NY COMPANY EPA19141473 NAMEO INSURED AUTHORIZED REPRESENTATIVE A C KUHN & SON INC. ETAL BYERLY INSURANCE AGENTS 18-00388264 COVERAGE PARTS AFFECTED COMMERCIAL PROPERTY CHANGES IN CONSI1lERATION OF THE PREMIUM CHARGED, IT IS AGREED THAT ~E FOLLOWING IS ADDED AS MORTGAGEE WITH RESPECT TO LOCATION II, BLDG III PARMERS TRUST BANlC 1 W HIGH ST. CARLISLE PA 17013 Olin 7-12-93 v~ ~r'~~. . '. IL 12 0111 85 Aulhortzed Representative Signature COPYright. Insurance Services OHice. Inc.. 19B3 CoPyrtght, ISO Commercial Risk Services. Ine,. 1983 ... . , ER ~ I " OF NEW I fj'd', /It sroe" 1~l],1t:'"tl'( NEW YOl'\1\ NY 10036 COMMERCIAL PROPEI'\TY SCHEDULE PREM NO 8LJ)li Nil LOCATION, COI~STRUC rIOt! AND OCCUPANCY 00001 ')"t 700 S. ALLEII ROllO e,'Ii:L8ILE PA 17013 OCCUPIEv H~: DW~LLING CONSTRUCTION. MASONRY COVERAGE BUILDINf; LIMIT OF INSURANCE 100,000 DEDUCTULE 500 OPTIONAL COVERAGES ~ ::r '1~I;EMt:~H COST COVERED ;,,1J8f: lJF LOSS BASIC Gc'C"!I" r BASIC GF. ';;',1' II SPECIAL COVERAGE:. PERS PROr:'- C Wi 0 COW:,URANCE 90r. 90)< 90;' RArE 0.182 0.046 0.023 LIMIT OF INSURANCE 5,000 DEDUCTIBLE ~oo OPTIONAL COVERAGES COVERED :~us~ O~ LOSS BASIC t~')UP I BASIC GEt".;,;. r i SPECIAL SPECIAL "":,1: f LiTH COINSURANCE aox BOX aox SOt; - RATE 0.255 0.04a 0.029 0.204 COVEAAGE BUS INC W EE LIMIT OF INSURANCE :5,000 L7 DEDUCTIBLE ou<t/' ZO~ 0 OPTIONAL COVERAGES COVEI'\ED "..W;i: ur LOSS BASIC I;r.,/ ..... l BASIC G,'; l " 'iPF.:CJAL CO HJSURM1CE 1 O();~ 1 VI);'; RATE 0.127 0.032 0.054 11"'\(1'~ i.~ '.-11) 10- 7 I . ,j', I') 10 91 FORMS APPLICABLE 1,_ 'j:! ,I':' O,,} :i'} IL 09 10 01 a1 CP 10 30 10 91 CP 00 30 10 91 CP 00 90 07 aa ---------- _.~ . --. . ------------------------------------------------------------_. an, Ed, 3-84 . ER p .... ....... OF NEW yon", A STOCK CUIlPANY NEW YOT\!\ NY 10038 COMMERCIAL PROPERTY SCHEDULE 0003 001 710 ALEXANDER S '. RD - .1IDOLETrJN TWP F'A 17013 OCCUPIED ASl DWELLING CONSTRUCTION. MASONRY COVERAGE BUILDIN.. LIMIT OF INSURANCE INCL. IN BLKT lOt 01 DEDUCTIBLE :l00 OPTIONAL COVERAGES COVERED CAUSE OF LOSS BASIC GriOlJP I BASIC Gr.'uuP I I SPECIAL CO I NSIJRANCE 90)( 90" 90" RATF. tl.167 0.048 0.021 COVERAGE F'ERS F'fWI"-IIISD LIMIT OF Itl5URMICE 5,000 DEDUCTIBLE :lOa OPTIONAL COVERAGES COVERED ~AIJ~E 8F LOSS BASIC Gr;' jU," I BASIC GFJjUO" II SPECIAL COHlSUT<ANCE: sox eo:, 80X RATE 0.01:17 0.048 0.341:1 COVERAG;: BUS INe 'oj f:!': LIMIT OF INSURANCE INCL. IN ElL"'T lOt 02 DEDUCTIEtlE o OPTIOt~l COVERAGES COVERED ~"USE OF LOSS BASIC GHJ'IP I BASIc" GF:l}U~' 11 SF'ECIAt. COHl~URANCI:: 100" 100" 100;~ RATE 0.132 0.032 0.054 .17 '34 90 18 7 '::', ",', t,) 10 91 FORMO APPLICABLE Il 02 46 06 89 Il 09 10 01 81 CP 10 30 to 91 CP 00 30 10 91 CP 00 90 07 88 ---------.........------------------.-------------------------------------------------- PREM NO: l.;).,; IIIJ l.OCAT Illtl, COtL; lFo'UC T IOH MID OCCUPANCY 00004 ,)(,1 7(),~ S. flll.EN IW. . , ,: !ILF rO;j TWf' PA 17007 OCCUPIE~ .~: U~ELl.rNG CONSTRUCTION: FRAME 372< Ed, 3-.. UMBt:a. PAOOU P E , ~.:., l. I OF NELl '(Ur.:K A STOCK COMPAHY NEW YOF;I\ NY 10038 COMMERCIAL PROPERTY SCHEDULE COVERED CAUSE OF LOSS BASIC GROUP I BASIC c;rmUI:' II SPECIAl COINSURANCE 100:( 100" 1 OO~{ RATE 0.132 0.032 0.054 47 84 90 18 7 (F' .)0 10 10 91 FORMS APPLLCAflLE IL 02 46 06 89 IL 09 10 01 Bt CP 10 30 10 91 CP 00 30 10 91 CP 00 90 07 B8 --.---------------------------------------------------------------------------- PREM NO BLOG NO LOCATION, CONSTRUCTION AND OCCUPANCY 00007 001 R D '1, RLAINE " I~ "'ADWON TWP PA 17047 OCCUPIE~ Mb: DWELLLNG-SUMMR CABIN CONSTRUCTION~ FRAME COVERAGE: BUILDUp; LIMIT OF INSURANCE INCL. IN BLKT IDj 01 DEDUCTIBLE 500 OPTIONAL COVERAGES rIEF'l.I~CEI1ENT COST COVERED~.1U:;1::: OF L::iSS BASIC GpnllF' r . BASIC G[;.t'II.lP I1 SPECIAL COINSURANCE; 1jI0:' 90.~ 90i. RATE 0.167 0.048 0.024 COVERAGL PERS PROF'- C~IGI) k UMn OF INSURI\tICE 5,000 DEDUCTIBLE 500 . OPTIONAL COVERHGES COVERED C~USE OF LOSS BASIC CF.lI.,'p C BASIC GI;';';p rc SPECIAL COINSURANCE: ao.', F.lOX 8t'>I RATE 0.110 0.048 0.348 COVERAG', BUS INC . L [Ii/' T OF [II';UIi'htll T HILL. i H .Ii_.\'j . j) ~ 0.: DEDUCTIBLE o OPTIONAl, cnV~RnGFS 'r . t, . U B PROO [ . . OF NeW '(CI\K A STOCK CO/IF-AllY NEW YORK COVERED CAUSE OF LOGS 8ASIC GROUP I BASIC GROlJP II ~F'F.CrAL COVI::F':;!I;E BUS INC W EE caVERED CAUSE OF LOSS BASIC GROUP I 8ASIC GROUP 11 SPECIAL 41 84 90 10 1 CP 00 10 10 91 ....,.... .,.~"..~. ., ':"'~ ..",., ~.1 i ,.' :.30.1"" ," ,~.{ '. ..... ..;..;;'.:.;. .....' ',.:,' p " , NY 10038 COMMERCIAL PROPERTY SCHEDULE CO INSURANCE 90X 90X 90:( RATE 0.161 0.048 0.024 LIMIT OF' INSURANCE INCL. IN BLKT ID. 02 DEDUCTIBLE o OPTIONAL COVERAGES COINSURANCE 100X 100% 100X RATE 0.132 0.032 0.054 FORMS APPLICABLE IL 02 46 06 89 XL 09 10 01 81 CP 10 30 10 91 . CP 00 30 10 91 CP 00 90 07 88 .' ---------------------------------------------~--------------------------------- F'REI1 NO BLDG NO LOCATION, CONSTRUCTION AND OCCUPANCY 00010 001 ADJACENT TO 9A W PENNSDORO TWP PA 17241 ~12. rd, U4 .. . o~cuprED AS: DWELLING COVEr,AGE 911ILDINI. . ~REPLACEMENT COST COVERED CAUSE OF LOSS BASIC GROUP I llAS IC Gr,OUF' I I ::iPECI':',_ 47 0-' 90 lU 7 CF' 00 10 10 91 CONSTRUCTION: FRAME LIMIT OF INSURANCE INCL. IN DLKT IDt 01 OPTIONAL COVERACES DEDUCTIBLE 500 COINSURANCE 90)( 90X 90~( RATE 0.167 0.048 0.024 FORMS APPLICABLE IL 02 46 06 89 IL CP 10 30 10 91 . 09 10 01 81 . CP 00 90 07 813 ---------.------------------------------------------------------------------------ PRt:n ~liJ f'LDG Nil LOCATIOtI, CmISH\!JCTION AND OCCIJPMICY .'" . U B PROO P. E . .;'. '. '~":' ~' ~,: r. ~, ,i.. . j.. ' '.'. ~ ,. ,'-.1. . " ..... OF Ill:::.! yom, A STOCK COMF'ANY NEW YO"K NY 10038 S MlDDLEfOI'l TWP CUMMERCIAL PROPERTY SCHEDULE PA 17007 OCCUPIED ASI DWELLING CONSTRUCTION. FRAME COVERAGE ilU1LDUIlM LIMIT OF INSURANCE INCL. IN BLKT XOt 01 DEDUCTIBLE 500 tJ:., I'ILiI'If11. COVERAGES RF:F'LAr,F./'IF.:NT co'n COVERED CAUSE OF LOSS BASIC GROUP I BASIC GROUP II SPECIAL COINSURANCE 90" 90" 90" LIMIT OF INSURANCE INCL. IN BLKT IDt 02 RATE 0.167 0.048 (}.024 . COVERAGE BUS INC W EE DEDUCTIBLE o OPTIONAL COVERAGES COVERED CAUSE OF LOSS COINSURANCE RATE BASIC GROUP I 100" 0.132 BASIC GROUP II 100" 0.032 SPECIAL 1001t 0.054 FORMS AF'F'LICABLE 47 84 90 18 ., n. 1)2 46 (M 89 It. 09 10 01 81 CP 00 90 07 88 Cf' 00 10 10 91 CP 10 30 10 91 CP 00 30 10 91 -------------------------------.------------------------------------------------ . PREM NO 00014 BLDC NO LOCATION, CONSTRUCTION 001 807 ALEXANDER SF'. 'RO. CUMBERLAND co. AND OCCUPANCY PA 17013 OCCUPIED ASI SHOP CONSTRUCTION, NON-COMB COVERAI;E: BUILDCN'; LIMIT OF INSURANCE INCL. IN Bun ID' 01 DfiDUCTI BLE 500 OPTIONAL COVERAGES REPLACEMENT COST :11241<1._ -"- . . .. .- .-. ~ . ,. ..... COMMERCIAL PROPERTY ,: ,- .,">.BUILDING AND PERSONAL - .' PROPERTY COVERAGE FORM r' . . . . ... .J", VIl"loua' provlaion. ,In' thia policy re'lrict coverage., Read the entire, policy c,are'ully to, determine righta. dutiea and whtt la and i~ not coverad. " /, ':' ,., ,'J ,. 'd.' Throughout tIlla policy' the words "yell" and "your" re'er'to the Named Insured ahown In . the Oec- 'arationi.'.Th.1worda, w... .ua" and "our" re'er to the Company providing this Inaurane...-' Other word" 'and' phr;iea 'that appell" in quotation mll"ks have special meaning, Re'ertd"'SECTION H - DEFINITIONS, ,., ,,' . . . " .~. '/0) ~ ", :... {." . ",', A. COVERAGE ". ", We will pay 'or direct physical loss 0' or , 'damage to Covered Property at the 'premises , described In the.. Declarations caused by or resulting 'rom any Covered Cause 0' Loss. t. CO,~~~',~,:Prop~I1y..,:. Covereil Property:'1S used In this Cov- .: I,;, '~erage 'PIl"t 'means the 'ollowing types 0' property for which a' Limit o~ Insurance .11, ahown I" the ,oeclll"ations:, :, r,'" ,'.., lIullcllng. ,meaning ,the', building or _r'"", 1,..~tr~tUre,dea~jbea In.the Oliclaralions. " ,. ~i,.tlncl\lcll,,~ ,'.:; '.',' " . ..", ~ : 111 "Cotnpleted addltlona; ")(".,, '..., -., - . ,. .. ';:(2) p,'r,manl!nlly"!nal:8I1,,d: .:'ii. .' Ie) Fixturea;, ,.,. .' i lbl Machinery; and'.: (0) Eci'i.iipme'nt;'''' .. ." .. ,,- (3) 'Outcloor: fixtUres; . ',' .".' (4) Perl!?nal property. o'^(ned by y'ou that IS used to' maintain 'or service the building ,'or ..atructure . or Its prllmi~es. Inc;!uqin~, :. . (al Fire extlngulahing equipment; lbl'OUtdQor. fUrniture; .. tal 'Floor 'coverings; and " (d)' Appliances used 'or re'rigerat- ~ .I: ". . Jng, : . '. ,ventilating. cooking. ..' ' 1 dishwashlng or 'aundering; (5) If, not cov.rid by ottier. insurance: ""(el Additions under' construction. , ,alterations and repairs to the , .. bIJilding. ~r structurli: "~.. . : 1"." . . CP 00 10 1091 " ,I ....: ;" '.'lb) Materials.' equipment." '.upplle. i .. and temporary atructurll. on or ", . ,'" within 1 00 feet 0', tha de.cribed . . premises, used for making addl- I. ,,' ~ t. lions. alterationa :or rapair. to "'. ," ',I.' the building or structure, "b: Your Buslne.. p.raona..prqperty lo- cated in or on. the building. dllcribed in the Declarations' or in -tne open lor in a, vehiclel. within 100- f.at ~,of tha described. premises, consisting of the , 'ollowing . unlessotherY-fise. specl'ied . . JI\ the "Declaration. "or' on.: tha Your " Business Personal' Property' - Sepa- ration of Coverage form: ,',... ':. , (1) Furniture' ind fixtures; '" , " ",:,,'., (2) Machinery a;,1I equipment;: (3) .Stock"; . ,.' " , ,,:,,' , , (4) All other personal property owned ,_ by you and used In your"ljIua/ne..; (51 'Labor. materials' or IIrvices fur- nished or amlOged by you on per- sonal property 0' olliera: (61 Your use 'interest as 'tenant In Im- provements .Jnd betterm~lOtt. Im- provements "and betterments are fixtures. alterations. Installations or additions: " . ':1";: . , , .. (a) Made a part of the building or atructure you occupy but do not own; and ' (b) You 'acquired' ormada at your expense but: .cannot legally re- move; - , (7) Leased persqnal property for which you have a contractual responsibilil>l to Insure. unless otherwise provided 'or under, Personal Property 0' Others, 'p ,r , Copyright. /S2 Commercial Risk Services. Inc,. 1990. 1991 Page 1 of. 10 0 ,.,..., \,... ;..d..~:t"t"':;~~'~' ':V";',1i ,::.~J'''''':''';11J':~i~'~'(.~:.)\':'.!l:12 . ~:)1 r ',: ).,'::. " . .. J ..., ([~,Jt~~~., '.f ~f ... '~r . ,. ...l,~.....- I ~ _ ' ".'", ._,..\/I'r-:~'~,,:., ...~.,;~!.'..r1> ',.'; ':" ".> T"J".., 4., ,....,.,..' ,". ,. ~.t""k" .,'-1' 1/JA..'i......I.".~ l' P ,,' " ;,~'!a~ 1'1~' ..,., '.' 'f" ~ . ~ I~ "f""'7~~''l'I. .. It.",. ',. ,'1.",:f "t' '.( ..~.,. .. ~.. .';, 1I.~11$~,''''''', ~, "Il "'..'. ,!J);: I' I '.' i,' .',', , " ,'a~ 1I',t ';J";' .' \~:~"". t....:\ti~;:~..l..'I:,:~.,~~f~\~l,'ll ;'.IA1,JJ.',(\,:'",,:o,~";" ,ft.....!1;'rti, Ji:4Io.:... ,,"~, .~ J1> 'I, '~d~'~"'ill!;"l""'~"f~.~I:"';II' 'If"l"'! ....\ '~"::1' J'~ .rl\~!\~)>J.. ..., . :1.. '. t';. .. .., '. .'~ ." M....~h."" .' ';': ' ).~. '..t .~,(,... .1 ,. ot.:,"',il1 !I, ,':", ; ~ . .!....' '".. ':"~;"""!~'t''''~'l~\t~,', ','t!'".~f ,'," I.' '; .'\{:l!I>~;11 ~l~ ~..., . . . e:"p~~I~~lii:p.~~;~~loj~~;h~~'Jb~ij!~";;":'U"":I~'~: li.~~~i:is~i\"O Ih.r. ' e ~!1~'~Or re- :' . '~ '. : "(1) 'rnNclr\;.,~'e~it:'"j:~~~jo'~':Jirrl:!.Pwol1\' ~'.I, ~r ...lthil t11 'j;.f.valuable pa- . "J, 'anll 'y........'f\n.o ,'~~~. I QJ;1. '" ':,>> r;e s ncludlllg .those .1,; .. ~t},.l(;r::,:'~.tlJ4.r~_l/tr.', I'~ ,.' .. ;;t". n 1;~8 b,'as. tdJof'lmagnetic . . .,:,;.. ''''';,\~hLoeatl!CI)ln' or on ,Y), I 1.flgll:...!Ii '. ~ .'i~""; .mlldia: ~\l!xeep h'ai~i'.'3PoYli:led' ,fry the , J, "I ',., IcrlbaCl..ln th!l OeclarltJql)''''o.r.l!rl':the,~''~..lllr.~~ Coverage Exfenlloril!l;\"."\~ijl)" , . . ,.~l'" ';;:. opal1 for~ln a lIahIClel'lNltlillJ,'ll"" ~1~rI" .r.."".' ',' .' . . '. F-:;;r"., 1 " . . ,: ,j", '::'1'C', feet of 1118 ilescribed premrlt;i~c ' , '~p':{rl' 1.....0. .y.ehlc!ls or. 'Ielt.-propelled ,machines .,..,,~~,. t' "~ :'-, .;,obi' ... , ,,".,.' I~.l' 1''1'" ncludlna alrcraft'or'watercraftl that . :,..~.Il""'" Hdwever!~Nr,p"ylneiJtllfor:lo'1i I r 'lavg~:iI1~ ~,tli "'''1:'11'":1' :',Ild l~t'!ill';)'t!.~ J',r: aJ:\ ;:\1' . :;.~, ':::~' ,; 'damage :15; ,p.!fraon~1 pr.operty otDtlitii.. ~p,,I';t . :a5" ~r'~$~? ..( ,CjI.q,r\iSl!~~r; ~'pIJ,! .~ " '. ; ~I ~'WIII t'QnJYlJ~~"'fP11l.tti~~~:~~~t~.'~." ~: III r B.'i/J~t'iit;!j~. ~:jIi,5l:l~lAA,~.tt1or,:l"t-: 111"1' ).,. ,"".' ,.:~. ,oo:~~e~RN P,lJi!Pr.~P,.;y"Cff'.,'lr,. ';, .~. ~1l1,., , I!."dop.l'~albe P(I",\;lpjll~t1'Wllll.:l r.qfTI:;.', , . i( 2!H w. ~''I-!:t:!..... tf,)\,"'-"'J~' I l. c~ Ai~~ '-'1'lT-!' aT eser e Dr,mlsel." , ':.,;' , 1'0' !01-, , r ;J:,?,;",;,~.r ,~]t;1'i~,..,.eit~ ~~1. .1'. !l'~:I~!,!lW'!!I' h !t2!1J'.1I01"h':~ hIe: ..Mr..,..;hY'!'t :" (f/~~' ..,. "',,:'i.<}l. oVlIred, t,Opert~1 oes nol~nclu e/ ""'::;/I\"";':":~;;"" ~,l/'.a:.;a9rap . ges,n.o\:..appy.;C!: : ..' .,l.~," f.. 'Al!c'oGn\'s;"bl'llsr'iJrrencv pBe~9~-;'OOd,\J::~~ ":'.:~~ '!;) ~l!.hH::les"\~~ self;piop'elled machines . ~c'~ I,;~ J.~. ~~(T1P'!';l'Or;J ,0,thl!r"'Bvlden es' pf, debt. > ~~ .... :' ..:,:.',,,or,: a,4tQs -.vP!l" P.1~lJuf.a!i~re,~'Pr.9Ces, ,.~\ ,;.,~ J:mo~eYl,)n~esilf.or~J~el.!rjtles. ..Lo~ery .:f, "Q, t., '~~I':"~~ ~~{:."9:y.~'l!''''~''''v,'''' i!... 'l'.' . ..i~il:~; '" a~,,:~tC!~f~ \tiel(J,(,fo,!;.I~~le"jjfe '!1ot.',secur)!I~s;. ~8i "",:" ,Ib) ,V~hl'p'II!P..t~r 11~l!lf,1PrapeJI~_d.c..'ma- . " ":Q~' "\'~~~ri''t1~ri;u'h!~Ij,~:g~ri'.''p'Ylott)ei:s~tBryd., "1;> .U,,~.m~...tVhl!'l.esl~..g!lJl'Jii-lm!!~_j1~~QS.,:J.'Y91,1.J.~0Id , , j,'" , -, .,':CP9~QlI~,''ijy ,,yQl!(,,ll!.' :f!)wned, ily',Vou ' t ,..1;'; ",}i.;, '.r. 1?,r.is,~.~'~~9,-x~" ~~It IJ!1'!r~'~'j .;; , ;'ot,/.~ :-;;, ' g!'llY~;I~~~' !t'.p,tock~~;!. Vile>' '1JI~I\le:ll.:oP '. ...., < i ;.Ie). Rowboats ',Qrll:a!l~.kt!9l!.t"p'~,water, . ." ,':..,' ~~ .tiA1ulralnC:is' '~P4'ii:;.#"" ~tH./4'~\i\.'.i, "'.,' \ --J>.' 1.. 'I.' 'at the"~e$CrlhedjDaernI8~S'''''''J' ,;. 1; . ", "~l;ltL'lC;.itlbT-llutmbl'tl'~'1 ';i.!!iij!-i.Q."rii"~_Qmr; ill:;..,"',' ~: ,", "W~J'!~"i~ ,.!., ,.) 'I('J""I" y..(r'l>"t:;, ~" "I'('J!I; 't"ld' \', ':1dnia'9f~ Of'l1O ~Sl,U~~fr.9.~c.!aJ!t fj';:,......); ....1.),;;., P. 1.,e ."1' oVy',n.lhP~Pl?er., ~]Ill~uts e. ;'n~~~ ;~i;d:!BMge~. 'al~JNii~s~'Mal 1 rp"atlos f.'pr', .~ Q;i,.,!, ;.11 ,qf;.~UiI~!!1gs~ '.'...;:1.... ~;JC;,\..~~ioA . o):'j:f: ..~.~ f":,:, . ,'t' !\' \'.1": ::G'bther!pay'Ild,::luf.tltclls~~ t:ilj. i ":y::;~ ,.:- .~. 1.. ;: /1) ;O!;alh;>hIW:'straw -Or r6ther~'Cro~s; 10",,: ' . ,: '~~," 1,.lr. r,,~; cO",;(r88~I~ ~'P.op~r' OJ/ie'.lipoUi-lie.. ",;..;i '~'1:'~'(21'.F;;-il'ces,"'ii(j16'or'.teiEl/JIslon'~r\teA~s.&>' :.;.... " " : k't~'J<! ~ ~\!Jf.~J!!!.,~a,1 IV:'. ~~~}'9J)~R ~~d~;.~~:;:.,?" ~',~.~~flf..:~T.~ locluding :tH.~ir:qead..Jln1~lrlng. l~sts .:,' ~ :.,:. '.: '.' ':.1; 'f'cTtle"ijtioilU 0 'fJ8xcilvatrons.:l'gradll1g',1;,~} ;"'~":i,~~~,or ,towers. IlgnS\(c$therf't!JSl:i slgnp,... " , " '.!;, I" 'hackf!!li ":'n"'~'Il~"ii 'J ,'. "........~';.li.'."" '.'\., ~, ,.J. ~"hattache\l'to bUoldIQgs),::trt!es. ,'shrubs ~ ' . . ' :<.:~~..~' rr fr ". d' .'!'l""~'~ IrJ,"rI:~}'l };},;ol1(l,1;.;:'.1;:i\' ,'., ..' t~.:, or'.>plalJ~$. 10'h,er :tl)\ln '~l!t~ck. ",of" ' ..' ."~;'; ",,L s,;'FQljnh~ IQJij tl, l. 1~!lIi!lllnf~~I'i'I~P''J.uc;turde,s...:..l "~, i.., '~t":',~~rees. '''StiruDs'\or "plants). "all 'I!xcep~ Z )k'J'.~ 'f,.-/T1tl ae:.1 ltr'l"ti~...olr ,~9 ,~~S..' "l1~tri' O!l.,.nd~,:-' \'.,t, '" ~:.,".:.;, '.; ;1' a,s. proylded ,In ...lIie ':;overage Ex- .< .,.. . ons eOW:J'I"~"'c'", .r...;'..",...'......1. tensions"," . , ~ '~"! ,. ~t".. . J ,~"r"". .:v.,. ',.: ....~...,t,,'~.,O/,. 'I.....~..,... ".'. oJ ...........,I'..t.,I. '.' , If' "~k ~; !:lTh,^IOlllflfst'basement.Jloo'r;' c/tf!~ :.':,/., :' .... ',3. 'Covered Causes ;Of ;1;0.1 t)'''; . ~ . : ':~~':"":':~;\:f;.' )'d6e.iJ.!IIJ~'lllj8'f1l 'u,e"g~'6uj;'y.i'I!"'t~Bie,\"';' '. :;S'~',ap" 'rr"'fcab'~";;:~8"~s ";"'1' oo.s Fdr;ri 'as '.' . ,- ,." - '..."'1 t' b ...: t;" ]j '1" '1\:., ." , .' .,y. 1" '''''', T l . 1 "." r',;"'>"""S' q.~ se,,,e, ..:',:....'~',~'::,'I-..:A".. r...,. ' . ,;~hown'n the' ..carations.':, - , ' :.Yl'I,h. ~8'r:1d~,",(rncm-dliig 'Jand':",dn :whlctiJ..ttiii!~ ,.'JQY,..iS':)'~iHofiallr'Qii.r'aB8"'~'.',:.~: '\! , ,'. ". p~6perty ,~Is' 10ci'aledJ. '~water.J ;growlng ',,' ,!:l,\ ~H . />. f"~" ",,,l'" ,,'1 "l"'" w. !"" ;': 1'1 crops, of~laW'lli' 8"" .1U 'f.:,jj. '. "~;...' - ,'!:. "...., a..)O:"brls .R~m~I(,,!!;, ..: ,'r, , ':f:;. '.::r"1:!'.'... '"lj':Y.!' '':'liw-'''; ..,,:!'. ~ '.........j. '.....'....~, :". ',(1)~We 'wUIl./pay yciur expense to re- ..~~~ ,1.il":~:fe~g~r~~l>~P~!t.k,~'1.I.I!l] al~bo{~e, ~~, ~", , :b ',,:',.move -'delitlll;'of. COvered Property .., :f'7'~,.,,1 ,..., '_ r ,!;'.e!I" '.~~..,!,l',... . "'.:' :, .. ,:: .' 'caused ..by ..,or ,resulting from a .', '';'' J,.Pillngs. 'plers,'whar.ves'.or,docks; ': ' ,.. . Covered Cause' of 'LoSs that occurs ',"~ ,; ,ot'; ,property that ,Is: covered under..aiiother ',; , .';':durlng l,the,'pO',lCY.;f" e'raod The ex- .' )-;'i '..1, :~ eqverage ~form' of ,this, or any: other -:~"':': . J ,:..,penses ,wlII.,be"pal only If. th,ey are " .~ ". .. ., policy ln which It Is more' specifically. '(wi.: :,;': reporte~;to lis i1i.,}v.rltl~g Within 180 .. "-.,t. ' v.'"described.;,except ,for the exca'ss'of.. , "::'/1:.r.days of:the.,!:!a~!'!.9f.dJrllct phvslcal .'" ,:' :. ':~;the ;,;lIf'I1ouht, 'due. '(whether ' yoil, 'can ; '..: ': ;'. '.f': I~s!l o~ .d~~~ge:'. ': ... "I".": , . , .. '," collect 'on' it or: hpt) .~frol)'l that' other. '.; ...... ;". "(2) "~he' }nost' we "will 'pay' Under this ' ,: Insurance;, '.'. ,,!., " : ; '.....:,..;',.:" :'.,..r.'::'i:!~~.;:':'Addltional Covi!ragillsI2S,.. of: " , .; f.~r';~I:ll..~,F.(~t~I~Jh9 ,~~Ii{i~ttare~n.!i! 'ifiri ~l ~U;e' {', ,11' il.:' ",; }~~,)'.T~~;~rriount': wiii;pay for' the dr-, . " . " ti. ",' " I3p,\dlng .d!'~c;t;taeS',,~ ,~.~~JUl!!=J!.ratIO(lS;,;' ~. I i~, .,' ,.: :';,rfectllh9slcal lOss 'of or dam~ge . " ""'~!..l. '.~m;:.Undergr.o,uryd'pip~.s;,~lue~9r,:,drafnst.;.: ~I'. ',,' ';,' ':':''.':''~\'i~o.Coy~~~~ Pr~per,ty; plus : ~. .,'. _ "',,' . " '. . ~ ,',;."'".... '\" "~1"1 J:}~, : '~lll't" '..~ \' ,.,' ~~: ..':~'" ", ,.,..', , '". ,.l e=:.. . _. . , ''':. .,........,,,i' ."..J.",.:'II . . ...,.- ..' \ ..,' " ,'~'" - , ,,' , ...... ..' '.:'.. ..' ~. . .' . "".' .....;.., ; , ..~-".t l' f . ~~ ..' .'~..t-" ...... ~\.\..j.. .. . '"': ". . ..::" . 1.':0'';,,' t ~. \ I;".'\,~,,), ';t...~ }.-;..~".t'."i.,...,' ;"":t\I"'''!':'4''''~ {.:....1...'...' .':..: lo,..... .f. ".,,~'" ~.. ,'.,...:.....;....,...1,$), "l<,i".:'IV,ilf~':' "~'l'..,"....t:~:../~:......~.!,.. ''', .':_... '" I. " .. ,'" ,\~":"",, ~ . ,:i.r. :\ ..,. . . I .. "., . ' ". ,... . ~ ,'1'" " f"" 1." ~~'.'a'.' ....' " ~ \'-. I' ""," . r 0 .. 1" 11' ",'"-.1" . "'::' ...,..... -.bo'- '.~./,..j_."...~,'."...'~;.. '",:"'''f:-'''I''';;:.f:_;;~.,I:-: .....\~.::.\J/ ':~', .~~,-" . . 1 "./'" -, .,'Ii., ,1 "':J'1.1.., \. .-' ,,"l,~.. ......11....,,1 .~._......I'\.. ,I, "',._' ,', ',' , ;~, ..... '.",. ...... ".l't. ...., )".,",. ", .. '. " ,'.:...j...;.,,....:. "~I .'. .... ~ .: .. . I: " '.." '~" t." .. ..' ,. " ',:", ,...'.,~. . , . -. . . ",i , , ., ,,:::,.,, ',.;:',:~~,~:,' ~ ' ::;,':~~p. , ": ',,; ,\::~:';. ','~':;i:::' '", '. ;, ,:'.,;.::::',/ .' ~ Page '2 onp .>:';;'Copiright;'1Sb'Comniari:lal;,RISk"Sli~~lctis/'Jric,:j;1990..'1991 CP .coio ,'l.b 91: . C' ". ~ \: );': .',::::~::.....'~ ,:;::':; C. '. ".:,i.' ,;iL~~;'~)I.;':-'<f;:,:'~,:, <)"~'>:2.:\\,:-~.':.,~,' " ., ,\.. ....\.' ."....,..... .... ,.:':)~,..,.:.,'.', '. ,p' .1"I'....,",]'t~~.\.r'..,:..Ir. ,....\.~,. 1'1 \'\rr'-'lI'n.."":'~. ',;,,': ".,,1 ..:,,0,. '-' ." '. .' ~",,!~',: "~;"'. ';'~'~l':~';".''''''~''''-~!Y''~' ';'.~ "'~":'j ,'l,.'!.',~' ':-:., . '.'_" ~ ~ i. I (bl The deductible In this poliCy ap- plicable \0 that loss or damage, l~" :'BIli 'this :Ii;nitatiori does not apply ".r' lO"l.ny I.ddilional, , debris removal ,.; limit provided in, the Limits of In- ': ; .,'\lr,nce .eclion - , ':, (31"This'Additlonal' Coverage does not apply to costs to: (al Extract .pollutants" from land or ~!','.wat.r; .or'~:l . ~:.) ,.. \., (bl Remoi/.. ,~:Yistore 'or ~ replace polluted land or water, " ,. b. Pr..erV8t1on"of Property;: ' ,':" it I~ ':necessary' to';:'ovllCovered Property from the described premises ,to preserve ,it frorTI loss or damage , 'by, a 'Covered Cause of Loss. we will ;llay;;Jor d,a/ly direcf physical loss or .,;,oam~g, J,?J~at, pr9Pl!r~y." r , -..,'(II.:While"ltds being . moved or.while "~,' "temporarily stored 'at. another,. 10- o' ;:,catJon;#and,,;' ~; I!,.: '", '~(~I".o;'IY"I~ th'i','loss or: d'ainage occurs , ,.f: within, '1 O'oays efter JIle property ': "'Is 'firsf'moiled " · , o. Fire Department Servloe Cherge When the fire department Is' called to save or protect Covered 'Property from a Covered Cause .of' Loss. we will ~ay up.,to,II.OOO ,~~r your liability for fire department service charges: (II Assumed by contract or' 'agreement ":'. :,lprior.to.loss; or ,.' ,'.. 0, ,.. . ....r ,-" :', ,.' ~'. . . ~n'!2I,; Fje'qulred.:by I~cal' ord.'nance, ' No Deductible applies to this Additional _,..covl!r~g!:.. '",' ," ... ", . d..':Pollutant Clean Up and Removal -"'We :will pav.' 'your' SMpenSe to extract "pollutants" from land or water at the described premiSIl if the discharge,' .', dispersal. seepage... migrationl release or escape of the 'pollutants. s caused by or results from' a Covered Cause of Loss that occurs during the policy period The expenses will fle paid only If they are reported to us In writing within I BO days of the date on which the Covered Cause of Loss occurs, This Additional 'Cove"ge do.s not apply to costs to t.st for. monitor or ass.ss the existence. concentration or effecls of, 'pollutants." But we .will pay for testIng which Is performed in the cours. of .xtractingth. 'pollutants', from the land or warar, ..' , . 1. "' The mOlt w. will f.ay under thil Ad- dillonal Coverag." or each ,described premISes Is 810.000 for the lurn of all covered ,expe"..I, arillng ;put of Cover.d Causes of' LOIS ..occurring during each ..par ate 12 month 'per loa of thiS policy: .:" ,'... -.~ 5. Coverage Extenelon,'" ' ,.', ,:., Except as otherwise provided. the fol- lowing Ext.nsions apply 'to property 10- cat.d in or, on the Iiuilding .describ.d In the D.claratlons or 'In the open lor In a vehicle) within 100 feet of the d.scrib.d premis.... ':,". ~!:,,;.t"l:, ,( .... ::....:..';; .~, If a Coinsuranc. ~erc.ntag. of BO"" or more or. a Value Reporting periOd sym- bol. is shown "in the - Declarations. ,;.you may extend the insuranc.,provld.d by 'this Coverage Part, as follows: ,...., ..' ',' ... . - J _. . .' . e. Newly _ ;, Aoqulred.. or". Construoted Property,'"'' ..'. ,~," " .'.. (11 You niaV .xtend'.th..',lnsuranc. that applies to Building to "apply tl): lal Your new"bulfding's' while being built on thli d.scribed 'premises; and ',"', - .' Ibl Buildings ,J you 'acqulnf' It " lo- cations..' otlier 'than 'the. desci-lb.d pr"mls'~;_:I'1t.n~e,cJ .,for; :::':': III Similar 1 use,' as ,t/ie :bulldlng describ.d in' the Declarations; or . WI Use as a wir~hou~..;~ ',: ,. The most w. will pay for loss or damage under this Ext.nsion,ls 25"- of the Limit, of Insuranc.', for Building .shown in. the Declarations. but not' more than 1250.000 at each building,' . ,," , (21 You may extend the Insuranc.' that appli.s to Your' Business Personal Property to apply to that property at any location you acquire. other than at fairs or .xhibltions, : j i, t . CoPVrlghl.'ISQ Commercial Risk Services. Inc.. '1990. '1991 Page 3 of 10 " ,. ~ The most we will Jlay for loss or damage under thIS Extension is 10,. of the LimIt of Insurance for Your Business PersoNI Property shown in the Declarations. but not more than 8100,000 at tach buildIng, (3) Insurance under this Extension for each newly acquired or construcled property will end when any of lhe following first occura: (I) This policy expires. (bl 30 days exp"e after you acquire or begin to construct the prop- erty; or (0) You report values to us. We will charge you additional pre- mium for values reported from lhe date construction begins or you acquire the property, b. Personll Efflcts Ind Proplrty of Otherll You may extend the Insurance that applies to Your Business Personal Property to apply to: (t) Personal effects ownod by you. your officers, your partner a or your employses, This extension does not apply to loss or damage by theft (2) Personal property of others In your care. custody or control. The most we will pay for loss or damage under this Extension is &2.500 at each described premises, Our pay- ment for loss of or damage to per- sonal property of others will only be for the account of the owner of the property, o. Valuabll PIpers and Rlcords - Cost of Reaeerch You may extend the Insurance that applies to Your Business Personal Property to apply to your costs to research. replace or restore the lost Information on lost or damaged valu- able papers and records. including those which ellist on electronic or magnetic media, for which duplicates do not exist The most we will pay under this Extension is & 1.000 at each described premises. Page 4 of 10 ~ d. Proplrty Off-Premls.. You may extend the insurance provided by thIS Coverage Form to apply to 'lour Covered 'Property. other than slock." lhal is temporarily at a location 1l0U do not own. lease or operate. This Extension does not apply to Cove"d Property: It) In or on a vehicle: (2) In the care. custody or control of your ..Iespersons: or (3) At any fair or exhibition. The most we will pay for lOll or damage under this Extension is S5.000, I. Outdoor Proplrty You may extend the insurance provided by this Coverage Form to apply to your outdoor fences. radio and tele- vision anlennas, signs lother than signs attached to buildings). trees. shrubs and plants lother than "stock" of trees. shrubs or plants). including debris ra- moval eMpense. caused by or resulting from any of the following causes of loss if lhey are Coverecf Causes of Loss: (t) Fire: (2) Lightning: (3) EMplosion; (4) Riot or Civil Commotion; or (5) Aircraft The most we will pay for loss or damage under this Edension is SI.OOO. but not more than 8250 for anyone tree. shrub or plant Each of these Extensions Is additional in- surance, The Additional Condition. Coinsurance. does not apply to these Ex- tensions, B. EXCLUSIONS See applicable Causes of Loss Form as shown in the Declarations, . . . Copyright. ISQ Commercial Risk Services. Inc.. 1990. 1991 CP 00 10 10 91 o . Ie . ""' C. LIMITS OF INSURANce The mosl we will pay for loss or damage in anyone occurrence is lhe applicable Limit of Insurance shown in the Declarations The mosl we will pay for loss or damage to outdoor signs attachecl to buildings IS $ 1.000 per sign in anyone occurrence. The limits applicable to the Coverage Ex- tensions and the Fire Departmenl Service Charge and Pollutant Clean Up and Removal Additional Coverages are in addition 10 the Limils of Insurance, Payments under the following Addilional Coverages will not increase tlie applicable Limit of Insurance: 1. Preservation of Property; or 2. Debris Removal; but if; a. The sum of direct physical loss or damage and debris removal e'pense exceeds the Limit of Insurance; or b. The debris removal expense exceeds the amount pa."able under the 25'. limitation in the Debris Removal Addi- tional Coverage; we will pay up to an additional $5.000 for oach location in anyone occurrence under the Debris Removal Additional Coverage. D. DEDUCTIBLe We will not pay for loss or damage in any one occurrence until the amount of loss or damage exceeds the Deductible shown in the Declarations, We will then pay the amount of loss or damage in excess of the Deductible. up to the applicable Limit of In- surance, after any deduction required by the COinsurance condition or the Agreed Value Optional Coverage, e. LOSS CONDITIONS The following conditions apply in addition to the Common Policy Conditions and the Commercial Property Conditions, 1. Abandonment There can be no abandonment of any property to us. ~ 2, Appral..1 If we and you disagree on the value of tha property or the amount of loss. either may make written demand 10r an appraisal of the loss In this event. each party will select a competenl and Impartial appraiser, The two appraisers will salect an umpire, If they cannot agree. either may request that selection be made by a judge of a court having jurisdiction. The appraisers Will stale separately thll value of the property and amount of !Oll, If thev fail 10 agree, they will submit their di ffer- ences to the umpire. A decision agreed to. by any two Will be binding. Each party Will. a. Pay its chosen appraiser; and b. Bear the other expenses of the ap- praisal and umpire equally, If lhere is an appraisal. we will still retain our right to deny the claim. 3. Duties In Tha Event Of Lo.. Or Oamag. .. You must see that the following ara done in the event of loss or damage to Covered Property: (11 Notif." the police if a law may have been broken. (2) Give US prompt notice of the loss or damage, Include s description of the property involved, (3) As soon as fosslble. give us a description 0 how. when and where the loss or damage occurred (4) Take all reasonable steps to p'rotect the Covered Property from further damage by a Covered Cause of Loss, If feasible. set the damaged property aside and in the Dest possible order for examination. Also keep a record of your ex- penses for emergency and tempo- rary repairs. for consideration In the settlement of the claim, This will not increase the Limit of In- surance, CP 00 10 10 91 Copyright. ISO Commercial Risk Services, Inc.. 1990. 1991 Page 5 of 10 ~ (!I) Al our request. give us complete inventories of ttie damaged and undamaged property, Include quan- IIties. costs. values and amount of loss claimed, (6) As often as may be reasonably required. permit us to Inspect the property proving the loss or dam- age and examine your books and records, Also permit us to take samples of damaged and undamaged property for Inspection, testing and analysis, and permit us to make copies from your books and records, (7) Send us a signed. sworn proof of loss containing the information we request to investigate the claim You must do this wltl\in 60 days allsr our request We will supply you with the necessary forms, (8) Cooperate with us In the investi- gation or settlement of the claim, b. We may examine any Insured undsr oath. while not In the presence of any other insured and at such times as may be reasonably required. about any matter relating to this Insurance or the claim. Including an Insured's books and records, In the event of an examina- tion. an insured's answers must be signed, 4. Loss Payment s. In the event of loss or damage cov- ered by this Coverage Form. at our option, we will either: (1) Pay the value of lost or damaged property: (2) Pay the cost of repairing or re- placing the lost or damaged prop- erty: (3) Take all or any part of the property at an agreed or appraised value; or (4) Repair, rebuild or replace the property with other property of like kind and quality, 1:. We will ~ive notice of our Intentions within 30' days after we receive the sworn proof of loss. c. We will not pay you more than your financial interest In the Covered Properly. ~ d. We may adjust 10ssllS with the owners 01 lost or damaged property if other than you, If we pay the owners. such payments will satisfy your claims against us for the owners' property, We will not pay the owners more tllan their financial Interest In the Covered Property, e. We may elect to defend you against suits arising from claims of owners of property, We will do this at our expense, f. We will pay for covered loss or damage Within 30 days after we re- caive the sworn proof of loss. If: 111 You have complied with all of the terms of this Coverage Part; and (2)(a) We have reached agreement with you on the amount of loss; or (b) An appraisal sward has been rnade, 5. Recovered Property If either you or we recover any property after loss settlement. that party must give the other prompt notice, At your option, the rroperty will be relurned to you. You mus then return to us the amount we paid to you for the prof)erty. We will pay recovery expenses and the expenses to repair the recovered property. subject to the Limit of Insurance, 6. Vacancy If the building where loss or damage occurs has been vacant for more than 60 consecutive days before that loss or damage. we will: s. Not pay for any loss or damage caused by any of the following even If they are Covered Causes of loss: (1) Vandalism. (2) Sprinkler leakage, unless you have protected the system against freszing; (3) Building glass breakage; (4) Water damage: (5) Thafl; or (6) Attempted theft b. Reduce the llmourlt we would other- wise pay for the loss or damage by IS".. . . . P.ge 8 of 10 Copyright. ISQ CC'mlT1erclal Risk Services, Inc. 1990, 1991 CP 00 10 10 91 o 11I\ . A building is vacant when it does not contain enough business personal prop- erty to conduct customary operations, Buildings under construction are not considered vacant 7. Valuation We will determine the value of Covered Properly in the event of loss or damaga as follows: a. At actual cash value as of the time of loss or damage. elCcept as provided in b., c., d., e. and f. below. b. If the Limit of Insurance for Building satisfies the Additional Condition. Coinsurance. and the cost ta repair or replace the damaged building property is $2.500 or less, we will pay the cost of building repairs or replacement This provision does not apply to the following even when attached to the building: III Awnings ar floor coverings; 121 Appliances for refrigerating, venti- lating, cooking. dlshwasfiing or launcerlng; or (31 Outdoor equipment or furniture, c. "Stock" you have sold but not deliv- ered at the selling price less discounts and elCpenses you otherwise would have had. d. Glass at the cost of replacement with safety glazing material If required by law, e. Tenant's Improvements and Betterments at 111 Actual cash value of the lost or da!T1aged property If you make re- paIrs promptly. (21 A proportion of your original cost If you do not make repairs promptly, We will determine the proportIonate value as follows: la) Multiply the original cost by the number of days from the loss or damage to the elCpiration of the lease; and Ib) Divide the amount determined in (a) above by the number of days from the Installation of Im- provements to the elCpiration of the lease, I j I I I i , i .J . . CP 00 10 10 91 ,... If your lease contains a renewal option. the elCpiration of the re- newal oplion period will replace the elCpiration of the lease in this pro- cedure. (3) Nothing if others pay for repairs or replacement f. Valuable Papers and Recards, Including lhose which elClst on electronic or magnetic media (other than prepack- ~~~d software programs," at the cost III Blank materials for reproducing the records; and (2) Labor to transcribe or copy the records when there Is a duplicate, F. ADDITIONAL CONDITIONS The following condilions apply In addition to the Common Policy Conditions and the Commercial Property Conditions, 1. Coinsurance If a Coinsurance percentage Is shown In the Declarations. the following condition applies, 8. We will not pay the full amount of any loss If the value of Covered Property at the time of loss times the COinsurance percentage shown for It in the Declarations Is greater than the Limit of Insurance for the property. Instead. we will determine the most we will pay using the following steps: 111 Multiply the value of Covered PrC?perty at the time of loss by the COInsurance percentage; (21 Divide the Limit of Insurance of the property. by the figure delermlned In step 111; (3) Multiply the total amount of loss. before the application of any' deductible, by the figure determlneCl In step (2); and (4) Subtract the deduclible from the figure determined in step 131, We will pay the amount determ!ned In step (4) or the limit of insurance. whichever Is less. For the remainder, you will either have to rely on other Insurance or absorb the loss yourself, Copyright. ISQ Commercial Risk Services, Inc., 1990, 1991 Page 7 of 10 ~ E>.ampl. No, 1 (Underinsurancel: When; The value of the property is 5250.000 The Coinsurance percentage . for it Is 80r. The Limit of Insurance for It Is 5100.000 The Deductible Is 8250 The amount of loss Is 8 40.000 Step (1): 8250.000 x 80% = 8200.000 Ith. minimum amount of Insurance to meet your Coinsurance requirements) Step (2): 8100,000 - 8200.000 = ,50 Step (3): 8 40.000 x ,50 = 820.000 Step (4): 8 20.000 - 8250 = 519.750 We will pay no more than 519.750, The remaining 520.250 Is not covered. Exampl. No. 2 (Adequate Insurance): When: The value of the property Is 5250.000 The Coinsurance percentage for It Is 80% The Limit of Insurance for it Is 5200.000 The Deductible Is 5250 The amount of loss Is 6 40.000 Step (1): 6250.000 x 80,.. = ~200.000 (the minimum amount of Insurance to meet your Coinsurance requirements) Step f2): 8200.000 - 8200.000 = 1,00 Step (3): 6 40.000 x 1.00 = 8 40.000 Step (4): 8 40.000 - 8250 = 5 39,750 We will cover the 639.750 loss In exc~ss of the Deductible, No penalty apphes, .b. If one Limit of Insurance applies to two or more separate Items. this condition will apply to the total of all property to which the limit applies, Page 8 of 10 --- Exampl. No.3: When: The value of property Is: 81dg, at Location No. 1 81dg, at Location No. 2 Personal Prop-erty at Location No, 2 The Coinsurance percentage for It Is The Limit of Insurance for Buildings and Personal Properly at Location Nos, 1 and 2 Is The Deductible Is The amount of loss is 81dg, at Location No, 2 Personal Prop-erty at Location No.2. 675.000 6100.000 s75.000 s~ou.uuu 90,.. 5180.000 51.000 530.000 &20.000 l:il'OU.UUU Step (1): &250.000 x 90% = 6225.000 Ilhe minimum emount of insurance to meet your Coinsurance requirements and to avoid the penalty shown below) Step (2): 8180.000 - 5225,000 = .80 Slep (3): 6 50.000 x .80 = &40,000, Stl!]) f4): 6 40.000 - 61.000 = 839.000. We will pay no more than 839.000, The remaining 511.000 is not covered, 2. Mortgage Holders a. The term "mortgage holder" Includes trustee, b. We will pay for covered loss of or damage to buildings or structures to each mortgage holder shown In the Declarations In their order of preced- ence. as interests may appear. o. The ,mortgage holder has the right to receive foss payment even If the mortgage holder has started foreclo- sure or similar action on the building or structure, Copyright. ISQ Commercial Risk Services, Inc. 1990. 1991 CP 00 10 10 91 . . . j , I J I , , 1 ; I I- I I I I i I . . t ~ d. If we deny your claim because of your acts or cecause you have failed to coml2ly with the terms of this Cover- age Part. the mortgage holder will still have the right to receive loss payment If the mortgage holder: (1) Pays any premium due under this Coverage Part at our request If you have failed to do so; (2) Submits a signed. sworn statement of loss within 60' days after re- ceiving notice from us of your failure to do so; and (3) Has notified us of any change In ownership. occupancy or subsfantial change in risk known to the mort- gage holder. All of the terms of this Coverage Part will then apply directly to the mortgage holder. e. If we pay the mortgage. holder for any loss or damage and aeny payment to you because of your acts or because you have failed to comply with the terms of this Coverage Part (1) The mortgage holder's rights under the mortgage will be transferred to us to the extent of the amount we pay: and (2) The mortgage holder's right to re- cover . the full amounf of the mortgage holder's claim will not be impalrea. At our option. we may pay to the mortgage holder the whole principal on the mortgage plus any accrued In- terest In ti,is event. your mortgage and note will be transferred to us and you will pay your remaining mortgage debt to us, t. If we cancel this policy. we will give written notice to the morlgage horder at least (1) 10 days before the effective date of cancellation if we cancel for your nonpayment of premium; or (21 30 days before the effective date of cancellation if we cancel for any other reason. g. If we elect not to renew this policy. we will give written notice to the mortgage holder at least 10 days be- fore the expiration date of this policy, CP 00 10 1091 ~ G. OPTIONAL COVeRAGES If shown in lhe Declarations. the following 9plional Coverages apply separately to eacll Item, 1. Agrued Value a. The Additional Condition. Coinsurance. does not apply to Covered Property to which this Optional Coverage ap- plies, We will pay no more for loss of or damage to that property than the proportion that the limit of Insur- ance under this Coverage Part for the property bears to the Agreed Value shown for it in the Declarations. b. If the expiration date for this Optional Coverage shown in the Declarations is not extended. the Additional Condition. Coinsurance. Is reinstated and this Optional Coverage expires. c. The terms of this Optional Coverage apply only to loss or damage that occurs: (lIOn or after the effective date of this Optional Coverage; and (21 Before the Agreed Value expiration date shown In the Declarations or the policy expiration date. which- ever occurs first 2. Infletlon Guerd e. The Limit of Insurance for property to which this Optional Coverage ap- plied will automatically increase 'bl( the annual percentage shown in the Dec- larations, b. The amount of increase will be: (11 The Limit of Insurance that applied on the most recent of the policy Inception date. the policy anniver- sary date. or any other policy change amending tne Limit of In- surance, times (21 The percentage of annual increase shown in tne Declarations. ex- pressed as a decimal (example: S,.. IS .OSI, times (3) The number of days since the be- ginning of the current policy year or lhe effective date of the most recent foliCY change amending the Limit 0 Insurance. aivlded by 365. Copyright. IS2 Commercial Risk Services. Inc.. 1990. 1991 Page 9 of 10 ~ Example: If: The applicable Limit of Insurance is s 100,000 The annual percentage increase is 80/, The number of days since the beginning of the policy year lor last policy changel is 146 The amount of increase is & 1 00.000 x ,08 x 146 - 365 =$3.200 3. Replacement Cost .. Replacement Cost (without deduction for depreciation) replaces Actual Cash Value In the Loss Condition. Valuation. of this Coverage Form. b. This Optional Coverage does not apply to: (I) Property of others; (2) Contents of a residence: (3) Manuscripts; (4) Works of art. antiques or rare ar- ticles. including etchings. pictures, statuary, marbles. bronzes. porcelains and bric-a-brac; or (5) .Stock," unless the Including "Stock" option Is shown In the Declarations, c, You may make a claim for loss or damage covered by this insurance on an actual cash value basis instead of on a replacement cost basis. In the event you elect to have loss or dam- age settled on an actual cash value basis. you may still make a claim for the additional coverage this Optional Coverage rrovides if you notify us of your inlen to do so within 180 days after the loss or damage, Page 10 of 10 ~ d. We wili not pay on a replacement cost basis for any loss or damage: (I) Until the lost or damaged property is actualiy repaired or replaced; ana (2) Unless the repairs or replacement are made a~ soon as reasonably possible after the loss or damage, e. We wili not pay more for loss or damage on a replacement cost basis than !he least of: (1) The Limit of Insurance applicable to the lost or damaged property; (2) The cost to replace, on the same premises. the lost or damaged property with other property: (a) Of comparable material and quality; and (b) Used for the same purpose; or (3) The amount you actually spend that is necessary to repair or replace the lost or damaged property, H. DEFINITIONS 1. "Pollutants" means any solid. liquid. gaseous or thermal irritant or contaminant. Including smoke, vapor, soot, fumes. ac- ids. alkalis. chemicals and waste. Waste includes materials to be recycled, recon- ditioned or reclaimed. 2. "Stock" means merchandise held In storage, or for sale. raw materials and in-process or finished goods. including supplies used in their pacRing or shipping, . . . Copyright, ISO Commercial Risk Services. Inc.. 1990, 1991 CP 00 10 10 91 . . . ~ ~ COMMERCIAL PROPERTY BUSINESS INCOME COVERAGE FORM AND EXTRA EXPENSE Various provisions in this policy restricl coverage Read the entire policy carefully to determine rights, dUlies and what is and IS not covered. Throughout this policy the words "you" and "your" refer to the Na~ed Insured shown in the Dec- larations, The words we: "us" and "our" refer to the Company providing lhls insurance, Other words and phrases that appear In quotation marks have speCial meaning, Refer to SECTION G - DEFINITIONS. A. COVERAGE Coverage is provided as descrlbed below for one or more of the following options for which a limit of Insurance is shown in the Declarations: III BUSiness Income including "Rental Value." (III Business Income other than "Rental Value," (1I/1 "Rental Value," If option (I) above is selected, the term BUSiness Income Will include "Rental Value." If option (III) above is selected, the term Business Income will mean "Rental Value" only If limits of Insurance are shown under more than one of the above options. the pro- visions of this Coverage Part apply sepa- rately to each, We will pay for the actual loss of Business Income you sustain due to the necessary suspension of your "ollerations" during the "period of restoration," The suspension must tie caused by direct phYSical loss of or damage to property at the premises de- scribed in the Declarations, including personal property in the open (or ,n a vehicle) with," 100 feel. caused by or result'"g from any Covered Cause 0 floss. 1. Business Income BUSiness Income means the a. Net Income INet Profit or loss before income talCes) that would have been earned or incurred: and b. ContinUing normal operating elCpenses incurred. Including payroll, 2. Covered Causes Ot loss See applicable Causes of loss Form as shown In the Declarations CP 00 30 10 9 1 3. Additional Coverages a. Extra Expense. Extra Expense means necessary e,,- penses you Incur during the "period of restoration" that you would not have Incurred if there had been no direct phYSical loss or damage to property caused bv or resulting from a Covered Cause of loss, (1) We will pay any Extra Expense to avoid or minimize the suspension of business and to continue "oper- ations": /al At the described premises; or /b) At replacement premises or at tem~orary locations. including. fII Relocation e;cpenses; and lill Costs to equip and operate the replacement or temporary locations, (2) We will pay any Extra Expense to minimize the suspension 0 t bUSiness If you cannol continue -operations," /31 We will pay any Extra Expense to: (al Repair or replace any property; or rbl Research. replace or restore the lost ,nformation on damaged valuable papers and records. to the extent it reduces the amount of loss that otherwise WOuld have been payable under this Coverage Form. COPYright, Isa Commercial Risk SerVices, Inc. 1990, 1991 Page 1 of 7 ~ b. Civil Authority. We w,lI pay for the actual loss of Business Income you sustain and necessary f.tra e.pense caused by act,on of c.v,1 authoroty that proh,b,ts access to the deSCribed premises due to d,rect physical loss of or damage to property. other than at the desCribed premises. caused by or rtsultinJJ from any Covered Cause of Loss This coverage w,lI apply for a perood of up to 1wo consecut,ve weeks from the date of that action. o. Alllratlons and Nlw Bulldln!;s. We w,lI pay for the actual loss cf Business Income you susta,n due to direct physical loss or damage at the de- scribed prem,se s caused by or result- ing from any Covered Cause of Loss to: (11 New bUIldings or structures, whether complete or under con- struction; 121 Alterations or additions to e"sling bUildings or structures; and 131 Mach,nery, equipment. supplies or bude:ng materials located on or Within 100 feet of the descr,bed premises and (al Used In the construcllon, alter- ations or addilions, or (b) InC'dental to lhe occupancy of new buildings If such direct physical loss or damage delays the start of "operations." tfie .perlod of restoratoon" w,lI begin on thl date "operations" would have be- gun if the direct Physl,,1 loss or damage had not occurred, d. Extlnded Business Incoml. We w,lI pay for the actual loss of BUSiness Income you incur dur.ng the period that (11 Begins on the date property {exClpt "fin, shed stock"l IS actuallv repa,red, rsbu,lt or replaced and "operations' are resumed, and 121 ends on the earlier of. lal The date you could restore your "oper atlons''''th reasonable speed, to the cond,t,on that would ha"", '" "sted II no dorect phvs'cal 'ass or damage ac- curred, or (bl 30 consecLt.ve days after the date dele"",ncd In (1) above Page 2 of 7 .-.. Lou of BUI,n..s Income must be caused bV dorecl physlct' Iou or damage at Ihl dlscrlbld prem'les Clused by or rnulllng from any Cov- ered Caull of Lou 4. CovlrlYI I::.llnllon If a Co,nsuranCI pllrClntagl of !l0'l\o or more 'e Ihown In Ihl Olclar al'onl, you may I.lend thl Inlu"nCI prov'ded by lhtl Coverige PoIrl II lollows Nlwly Acquired LC'callona a. You may a.tend your Bul.ness Income Coverage 10 apply to property at any location you acqUIre Olhlr than fairs or e.h,b.l,ons b. The mo.t we Will pay for lOll under lh.s e.ten,'on IS 10'1\0 of the L'm.t of In.urance 'or BUSiness Income shown .n Ihe Declarations. but not mar, than S 100.000 at eacn location c. In.urancs under thiS e.ten"on for each newly acq\j1red locat,on w,lI Ind when ."y of the fOllow,ng f,rlt occurs: III ThiS policy I'plrn, 121 30 daVs e.p,re after you acquire or begin 10 construct the property. or (31 You report VI'Uts 10 UI We woll charge you .ddition..1 j:lremium for values r.ported from the date you acquor. the property Th,s e.tenslon i' additionl' insurance. The Additlon,l Cond'l,on. Co.nsuranc.. does not apply 10 th.s e .tens'on, B. EXCLUSIONS See applicabl. C'U385 of Lou Form as .hown .n the Oeel.r .I,on.. C. LIMITS OF INSURANCE The most w. w,lI pay for Iou ,n anyone occurrence IS the .pplicable Limit of Insur- ance shown .n Ihe Declarations, The I,m,t applicable to the Coverage e.ten- s'on '5 In addition to the L,mlt 01 rnsurance P.yments under the fOllow,ng Add,tional Coverages Will nol ,ncrease the applicable Limit of In.uranc. I. Alterations and Ne.... Bu.ldings. 2. C,Vil Authonty. 3, E.lra e.pense or 4, e,'ended BusmesI Income . C1 t Copyrlgnl ISO Commarc.., Risk S.r',.ces, 'nc, 1990. 1991 CP 00 30 10 91 ~ . O. LOSS CONDITIONS The fOllow,ng conditions ~pply In addition to the Common Policy Conditions and the CommerCial Property Conditions ,. Appraisal If we and you disagree on the ~mount of Net Income and operating expense or the imounl of loss. either may make written demand for an appraisal of the Iou In this event. each party w,ll select a competent and Imparlial appraiser. The two appraisers will select an ump're If they cannot ~gree. either may request that selection be made bv a Judge of a court having Jurisdiction, The appraisers will stat~ separa:ell the amount of Net Income and oper~Mg ..pense or amount of loss. If they f~lr to agree, they WI/I submit their differences to the umpire A decision agreed to by any two WI/I be binding. Each party Will: .. Pay its chosen appraiser; and b. Bear the other expensas of the ap- praisal and umpire eq~ally. If there is an appraisal. we Will st,ll retain our right to den V the claim, 2. Duties In The Event Of Loss .. You must see that the follOWing are done in the event of loss: 111 NOlify lhe police if a law may have buen broken, (21 Give us prompt notice of the direct phYSical loss or damage. Include a descrlplion of the property In- volved, (31 As soon as fosslble. give us a deSCription 0 how" when. and where the direct phySical loss or damage occurred (41 Take all reasonable steps to protect the Covered Property from further damage by a Covered Cause of Loss If feas,ble. set the damaged property as,de and In the best pOSSible order for oxamlNtlon, Also keep a record of your expenses for emergency and temporary re- pairs. for conS,der ation In the selllernent of the claim Th,s Will not Increase the Limit of Insurance . . CP 00 30 1 0 91 .-- (5) As often as may be reasonably reqUired. permit us to Inspect the property proving the loss or dam- age and examine your bOOkS and records Also permll us to take samples of damaged .nd undamaged property for Inspection. testing and analVsls, and permit us to make copies from your books ~nd records, (6) Send us a Signed. sworn proof of luss containing the ,nformatlon we request to Investigate the claim You must do thiS wltnln 60 days after our request We will supplV you with lhe necessary forms, (71 Cooperate With us In the ,nvesti- gatlon or settlement 0 f the claim, (81 If you intend to continue your bUSiness. you must resume ~I or part ofvour "operations" as qUICklV as POSSible b. We may examine any insured under oath, while not In lne presence of any other insured and at such times as may be reasonablv reqUired, about any mOl Iter relating to this insurance or the claim. Including an Insured's book 5 and records. In the event of an examIna- tion. an Insured's answers must be signed 3. limitation - Electronic Media And Re- cords We will not pay for any loss of BUSiness Income caused bV direct r;>hvsical loss of or damage to Electronic Media and Re- cords after the longer of: a. 60 consecutive days from the date of direct phvslcal loss or damage, or b. The penod,. beginning With the date of direct phvslcal loss or damage, nec- essarV to repair. r~build or replace, With reasonable speed and Similar quail tv, other property at lhe described premises due to foss or damage caused bV the same occurrence. ElectroniC Media and Records are /11 EieetronlC data processing. rec~rd- Ing or storage media sucn as f,lms. tapes, discs, drums or cells, (21 Da!a stored on such media. or (3) ProgrammIMg records used for electronic data processing or e'ec- tronlcallv controlled eqUipme,,!. ThiS limitation does not apply :0 ".:ra expense Copyr.ght. ISO CommerCial Risk SerVices, Inc, 1990, 1991 Page J at 7 ~ Example No.1: A Covered Ci'luse of Loss damages a computer on June 1 It lakes until September 1 to replace the computer. and until October 1 to restore the data that was lost when the damage oc- curred. We Will only pay ror the BUSiness Income loss sustained dUring the period June I - September r Loss during the period Sep. tember 2 - OClober 1 is not covered Example No.2: A Covered Cause of Loss results In the loss of data proceSSong progr am- mlng records on August 1 The re- cords are replaced on October 1 !I. We will only pay for the Busmen in- come loss sustalne:! during lhe period August 1 - September 29 160 con- secutive days). Loss dUring the period September 30 - October l!i IS not coversd, .c. Loss Determination a. The amount of BUSiness Income Ion will be determ.ned based on: (11 The Net Income of the buslne" before the direct physical loss or damage occurred: (21 The likely Net Income of th. busl" ness if no loss or damage oc- curred: (31 The operating exponses, Including payroll expenses. necessary to re- sum. "operations" With tlie same quality of service that eXisted lUst before the direct phYSical Iou or damage; and (41 Other relevant sources of informa" tlon. including; (al Your financial records and ac" counting procedures, (bl Bills, InVOICIS and other vouch- er s; and (el Deeds. liens or contracts b. The iITlount of extra expense Will be determined based on. (11 All expenses that exceed the normal operallng expenses that would ha',e been Incurred by "operations' during the 'perood of restorat,on' .f no direct phYSical 1051 or oamage had Occurred We ~"II deducl from the tOlal 0 I SUCh e, pensu Page" of 7 '" (el The salvage value lhat remains of any property bought for temporary use during the 'j:)eriod of restoration." onc. oper- etlon," ere resumed; and (bl Any Extra Expense that is paid for by olher Insurance. except for InSUrince that is written subject to the same plan. terms. conditions and proviSions as this insur anc.. and (21 All necessary expenses that reduce lhe BUSiness Income loss that oth- erwise would have been Incurred, 0, Resumption Of Operations W. Will reduce the amount of your: (1) BUSiness Income loss. other than Ext" Expense, to the extent you can rlSume your "operations," in whole or In part. by uSing damaged or undamaged property !inCluding merchandise cr stock) at the de- Icrlbed premises or elsewhere, (21 extra expense loss to thl\l extent you can "Ilurn "operations" to normal and discontinue such Extra expense. d. If you do not resume "operations." or do not resume "operations" as quickly as possible. we will pay based on the length of time it would have taken to resume "operations" as quickly as pOSSible, 5. Loss Peyment W. wtII pay for covered loss within 30 days after we receive the sworn proof 01 loss. if: .. You have complied with all of the terms of thIS Coverage Part; and b. (1) We have raached agreement With you on the amount of loss; or (21 An appraisal award has been made. E. ADDITIONAL CONDITION Coinsurance If e COinsurance percentage is shown In the Declarations. the follOWing condition applies In addition to the. Common Policy Conditions and the CommerCial Property Conditions. We ....;11 not pay the full amount of any loss If the Limit of Insurance lor BUSiness Income IS less than. . Cop'/rlllht. 150 Commerc.al Risk SerVices, Inc. 1990, 1991 CP 00 30 10 91 ~ . e. The Coinsurance percentage shown for BUSiness Incom'! In the Declarations, times b. The sum of (1) The Net Income INet ProfIt or Loss before Income taxes!. and (2) All operating expenses, including payroll expenses. that would have been earnec1 (had no loss occurred! by your "oflerations" at the described premises for the 1 2 months following the Incept,on. or last prevlousanniverSar'{ date. of this policy (whichever IS ater!. Instead. we will determine the most we w,lI pay using the following steps: 1. Multiply the Net Income and operating expense for the 12 months fOllow,ng the inception. or last previous a"nlversary date. of this policy by lhe COlr,surance percentage; 2. Divide the Limit of Insurance for the de- scribed premises by the figure determined In step 1; and 3. Multiply the total amount of loss by the figure determined in St~p 2. We will pay the amount determined in step 3, or the limit of Insurance. whichever IS less For the, remainder. you will either have to rely on other insurance or absorb the loss yourself. Example No.1 IUnderinsurancel: When: The ~jet Income and op- erating expenses for the 12 months following the inception, or last pra- vious anniversary date, of this policy at the de- scribed premises would have been $400.000 The COinsurance per- centa!;!e is 50'. The Limit of Insurance is $ 150,000 The amount of loss IS $ 80,000 Slep 1: S400.000 x 50% = s200.000 (the minimum amo...nt of Insurance to meet your COinsurance requirements) . . -- Step 2: 5150.000 - S200,OOO = .75 Step 3: S 80.000 x ,75 = 560.000 We will pay no more than $60.000, The remaining S20,OOO IS not covered, Example No.2 (Adequate Insurance): When: Thlo Net Income and op- erating expenses for the 12 months following the inception. or last pre- VIOUS anniversary date. of thiS policy at the described premises would have been s400.000 The COinsurance per- centa!;!e IS 50". The Limit of Insurance is S200.000 The amount of loss is $ 80,000 Step 1: $400,000 x 50% = s200.000 (the minimum amount of insurance to meet your COinsurance requirements) Step 2: s200,OOO - 5200.000 = 1,00 Step 3: s 80,000 x 1.00 = s80.000 We will cover the 580.000 loss. No penalty applies, This condition does not apply to the Extra Expense Additional Coverage. F. OPTIONAL COVERAGES If shown in the Declarations. the following Optional Coverages apply separ atl!lly to eacn Item, 1. Maximum Period Of Indemnity a. The Additional Condition. Coinsurance does not apply to this Coverage Form at the deSCribed premises to which this Optional Coverage applies, b. The most we will pay for loss of Business Income is the lesser of: III The amount of loss sustained during the 120 days immediately following lhe direct physical loss or damage; or (21 The Limit of Insurance shown in the Declarations, CP 00 30 1 0 9 1 Copyright. ISO CommercIal Risk SerVIces, Inc. 1990. 1991 Page 5 of 7 ~ ,.. . 2. Monthly Limit Of Indemnity e. The Additional Condilion. Coinsurance. does not apply to this Coverage Form It the described premises to which lhis Optional Coverage applies b. The most we will pay for loss of BUSiness Income In each period of 30 consecutive days Ifter the direct physical loss or damage is (11 The Limit of Insurance. multiplied by (21 The fraction shown In the Oeclar a- tions tor this Oplional Coverage Example: When: The Limit of Insurance is 5120.000 The fraction shown in the Oeclaralions for this Optional Cover- age is 1/4 The most we Will pay for loss in each period of 30 consecutive days IS: 5120.000 x 1/4 = 530.000 If. in this example. the actual amount of loss is: Days 1-30 540.000 Days 31-60 20,000 Days 61-90 _ ~n non 590.000 We will pay: Days 1-30 530.000 Days 31-60 20,000 Days 61-90 ~n 000 580.000 The remaining 510,000 IS not covered. 3. Agreed Value I. To activate this Optional Coverage: (11 A Business Income Report/Work Sheet must be made a part of thiS policy and must show financial data for your 'operations": (al During the 12 months prior to the dale of the Work Sheet. and (bl Estimated for the 12 months Immedialely following the incep- lion of this Optional Coverage (2) An Agreed Value must be shown in the Declarations or on the Work Sheet The Agreed Value should be at least equal 10: (al The Coinsurance percentage shown in the Declarations; multiplied by (bl The amount of Net Income and Operaling Expenses for the fol- lowing 12 months you report on the Work Sheet, b. The Addilional Condition. COinsurance. is suspended until: (11 12 months afler lhe effective dale of thiS Oplional Coverage; or (21 The expiralion date of this policy: whichever occurs first o. We will reinslale the Additional Con- dilion. Coinsurance. automatically If you do not submit a new Work Sheet and Agreed Value: (11 Within 12 monlhs of the effeclive date of lhis Optional Coverage; or (21 When you request a change in your Business Income Limit of Insurance, d. If the Business Income Limit of Insur- ance is less than the Agreed Value. we will not pay more of any loss lhan the amount of loss multiplied by: (11 The Business Income Limit of In- surance; divided by (2) The Agreed Value. Example: When: The Limit of Insurance is The Agreed Value is The amount of loss is . 5100000 5200,000 5 80.000 . Page 6 of 7 Copyright. Isa CommerClI1 Risk Services. Inc. 1990. 1991 CP 00 30 10 91 . (~ . -- Step la!: sIOO.OOO - S200,OOO =50 Slep Ibl:50 _ 580,000 = 540.000 We wlil pay S40.000, The remaining S40.000 is not covered. 4. e_tended Period 0' Indemnity Under paragraph A.3,d.. E_tended BusI- ness Income. the number .. 30" In subpar- agraph (2l(b) is replaced by the number shown in the Declarations for this Op- tional Coverage, Q. oeFINITIONS 1. ""Inished Stock" means stock you have manufactured "Finished stock" also Includes whiskey and alCOholic products being aged. unless there is a Coinsurance percentage shown for Business Income In the Declarations, "FiniShed slock" does not include stock you have manufactured that is held for sale on the premises 0 f any retail outlet insured under this Cover age Part 2. "Operations" means: e. Your business activities occurring at the described premises; and b. The tenanlability 0 f the described premises. if coverage 'or Business Income including "Rental Value" or "Rental Value" applies. 3. "Period 0' Restoration" means lhe pe- riod 0' time lhat eo Begins with the date of direct physical loss or damage caused by or resulting from any Covered Cause of Loss at the described premises, and b. Ends on the date when the property at the described premises should be repaired. rebuilt or replaced with rea- sonable speed and similar quality CP 00 30 1 0 9 1 .... 'Period of restoration" does not Include .illy increased period reqUired due to the enforcement of .illy ord,n."ce or law that (1) Regulates the construction, use or repair. or requires the tBarlng down of any property; or (2) Requires any insured or others to test for. monitor. cle." up. remove. contain. treat. deto_,fy or neutralize. or in any way respond to. or assess the effects of "pollutants." The e_plration date 0' this policy will not cut short the "period of restoration." 4. "Pollutants" means any solid, liquid. gaseous or thermal irritant or contaminant. including smoke. vapor. soot fumes. ac- ids. alkalis. Chemicals and waste. Waste includes materials to be recycled. recon- ditioned or reclaimed 5. "Rental Value" mllans the: e. Total anticipated rental income from tenant occupancy of the premises described in the Declarations as fur- nished and equipped by you. and b. Amount of all Charges whiCh are the legal obligation of the tenant/sl and which would otherwise be your Obli- gations. and o. Fair rental value of any portion'of the described premises which is occupied by you. Copyr.ght. ISO CommerCial Risk Servlc8$. Inc. 1990. 1991 Page 7 of 7 . . . -- ... COMMERCIAL PROPERTY EXTRA EXPENSE COVERAGE FORM Various provlilons In this policy restnct coverage Read the enllre policy carelully to determine rights, dUlles and what IS and II not covere.!. Throughoutthll polley the words .you. and .your. reler to Ihe Named Insured shown in the Declarallons, The words .we." -us. and .our' reler to the Company prOViding thll insurance, Other words and phrases that appea, in quotalion marks have speCial meaning, ReIer to SECTION E . DEFI. NITIONS. A. COVERAGE We Will pay the actual and necessary Extra Ex, pense you sustain due to direct phySical loss 01 0' damaga to property at the premises desc(lbed in the Declarallons. including personal property in the open (0' in a vehicle) within 100 leet. caused by 0' resulting I,om any Covered Cause 01 Loss. 1. bt,a Expansa Extra Expense means necessary expenses you incur during the .pe,iod 01 restoration. that you would not have incu,red ilthe,e had been no direct physical loss 0' damage to p,operty: a. To avoid 0' minimize the suspension 01 business and to continue .operations.: (1) At the dev.ribed p,emisea; 0, (2) At replacament premises 0' at tempo- ,ary locations. including: (a) Relocation expenses: and (b) Costs to equip and ope,ate the re- placement 0' tempo,ary locations; b. To minimize the suspension 01 business if you cannot continue .operations'; 0' c. (1) To repalt 0' replace any p,operty; 0' (2) To research. replace or restore the lost inlormatlon on damaged valuable pa- pers and records; to the extent it reduces the amount 01 loss that otherwise would have been payable under this Coverage Form. 2. Coverlld Causas Of Lo.. See applicable Causes 01 Loss Form as shown in the Declarations, 3. Additlona' Cov.,ag.. a. AII.,atlon. .nd N.w Buildings, We will pay 10' the actual and necessary Extra Expense you incur due to direct physical loss or damage at the described premiSes caused by 0' resulting Irom any Covered Cause 01 Loss to: (1) New buildings or structures. whether complete or under construction; (2) Alterations 0' additions to existing buildings 0' structures; and (3) Machinery. equipment. supplies or building materials located on or within 100 leet 01 the described premises and: (a) Used in the conatruclion. alterations or additions; 0, (b) Incidental to the occupancy of new buildings. II such direct physical loss 0, damago de- lays the start of .oparations," the 'period 01 restoration" will begin on the date 'op. erations. would have begun if the direct physical loss or damage had not occurred, b. Civil Authority. We will pay lor the ac. tual and necessary Extra Expense you incur caused by action 01 civil authority that prohibits access to the described premises due to direct physical loss 01 or damage to property. other than at the described premises. caused by or resulting trom any Covered Cause 01 Loss. This coverage will apply lor a period 01 up to two consecutive weeks Irom the date 01 that action, CP 00 50 10 91 Copynght. ISQ Commercia: Risk Services. Inc.. 1990 Page 1 01 4 0 ~ 4. Coverage Exten.ion You may exlend Iha insurance provided by Ihis Coverage Part as lollows: Newly Acquired Locetion.. a. You may eXlend your Extra Expenso Cov. erage 10 apply 10 property al any localion you acquire olher Ihan fairs or exhibilions. b. The most we will pay lor loss under this Extension Is 10% 01 the Limit of Insurance for Extra Expense shown in Ihe Declara. tions. but not more than .100.000 at each location. c. Insurance under this Extension for each newly acquired location will end when any of the following first occurs: (1) This policy expires. (2) 30 days expire after you acquire the property: or (3) You notify us of how you want this coverage to epply to that locetlon. We will charge you additional premium from the date you acquire the property, This Extension is additional Insurance. B. EXCLUSIONS See applicable Causes of LoIS Form as shown in the Declarations. . C. LIMITS OF INSURANCE The most we will pay for loss in eny one occur- rence Is the applicable Limit of Insurance shown in the Declarations. The limit applicable 10 the Coverage Extension is in addition to the Limits of Insurance. Payments under the following Additional Cover- ages will not increase the applicable Limit of In- surance: 1. Allerations and New Buildings: or 2. Civil AuthorilY. D. LOSS CONDITIONS The following conditions apply in addilion to Ihe Common Policy Conditions and the Commercial Property Conditions, -- 1. Appraisal If we and you disagree on the amount 01 loss, enher may make wrinen demand lor an ap. pralsal of the loss, In this event. nch party will select a competent and impartial ap. pra'ser. The IWO appraisers will select an umpire, If they cannOI agrea. eIther may reo quest that selection be mada by a Judge of I CQurt having jurisdiction, The appra,sers will slate separalaly the amount of loss, If lhey fail to agree. Ihey will submit their differences 10 the umpire, A decision agreed to by any two will be binding. Each party will: a. Pay ils chosen appraiser: and b. Bear the olher expenses of tha appraisal and umpire equally. If there is an appraisal. we will still retain our right 10 deny tha claim, 2. Dutie. If You Incur Extr. Expen.. .. You must see thaI Ihe following are done If you incur Exlra Expense: (1) Notify the polic. if a law may have been broken. (2) Give us prompt notice of the direct physical loss or damage. Include a de- scription of the property involved. (3) As soon as possible. give us a de- scription of how. when. and where Ihe direct physical loss or damage oc- curred. (4) Taka all reasonable sleps 10 protect Ihe Covered Property from further damage by a Covered Cause of Loss. If feasible. sel the damaged property aside and in Iho besl possible order for examination. Also keep a record of your expenses for emergency and temporary repairs. for consideration in the senlement of the claim, This will nOI increase Ihe limit of Insurance. (6) As often as may be reasonably required. permit us to inspect the property prov- ing Ihe loss or damaoe and examine your bonks and records, Also permit us to take samples of dam- aged and undamaged properly for in- speclion. lesling and analYSIS. and permit us 10 make copies from your books and records, Paae 2 01 4 Copyright. ISQ Commercial Risk Services. Inc.. 1990 CP 00 50 10 91 .... . (8) Send uS a Signed. sworn prool 01 loss conlalnlng the informallon we rsquesl to Inv.stlgat. the claim You must do thiS within 60 days alts, our ,equest We will supplv you WIIh the necessary lorms. (7) Cooperate with us In the invesllgallon or settlement 01 the claim (8) II you intend to continue your business. you must resume all 0' part 01 your "op.rationll" as qUickly as possible. b. We may ..amine any Insured under oath. while nOl in the p,esence 01 any olher '", sured and at such limes as may be rea- sonably required. about any maner relating to this insurance or Ihe claim. including an insured's books and records. In the event 01 an examination. an insured's answers must be signed, 3. Limite On Lou Payment We will nOI pav more lor Extra Expense than the p~rcentages shown in the Declarations times tha Limit 01 Insurance, When the "period 01 restoration" is: a. 30 days or less, the lirst percenlage ap- plies, b. 80 days or less. but more than 30 days, the second percentage applies, C. More than 60 days. the third percentage applies, Example: The limit 01 Insurance is s100,OOO The percentages shown in the Declarations are 4Q%-80%,100% The "period 01 restoration- is 45 days The amount 01 Extra Expenses incurred is s90,OOO We will not pay more than SlOO.OOO limes 80% (the percentage applica- ble lor a "petiod 01 restoralion" 01 31-60 days), or s80.000, The re- maining S1 0,000 IS not cove,ed, 4. Loss Determination a. The amount 01 Extra Expense Will be de- term,"ed based on: . . -- (1) All expenses that exceed the normal operating expenses thai would have been incurred by "operations" duting the "petiod 01 restoralion" II no d"ecI physical loss or damage had occurred We will deduct Irom the lotal 01 such expenses: (a) The salvage value Ihat remains 01 any propeny bought lor lemporary use during the "period 01 resto,a- lion: onCe "operahons" are ,e- sumed; and (b) Any Extra Expense Ihat ie paid lor by other insurance. except lor in- surance that is wtinen subject to lhe same plan. terms. conditions and provisions as this insurance; end (2) All necessary expenses that reduce the Extra Expense otherwise incurred. b. We will reduce the amount 01 your Extra Expense loss to the extent you can return "operations" to normal and discontinue such Extra Expense, c. II you do not resume "operations." or do not resume "operations. as quickly as possible. we will PIlY based on the length 01 time it would have taken to reSume "operations" as quickly as possible, 5. Losa Payment We will pay for any loss within 30 days alter we receive the prool 01 loss. il: a. You have complied with all 01 the terms 01 this Coverage Part; and b. (1) We reach agreement with you on the amount of loss; or (2) An appraisal award has been ma~e. E. DEFINITIONS 1. "Operations" means your business activilies occurring at the described premises, 2. "Period of Restoration" means the period 01 time that: a. Begins with the date 01 direct physical loss or demage caused by or resulting Irom eny Covered Cause 01 Loss at the described premises; and CP 00 50 10 91 Copy tight. ISQ Commercial RISk Services. lnc" 1990 Page 3 014 . . I , ! 'I . -- ... COMMERCIAL PROPERTY COMMERCIAL PROPERTY CONDITIONS This Coverege Part Is subject to the lollowlng conditions. the Common Policy Conditions and applicable LOll Condilions and Additional Conditions in Commercial Property Coverage Forms. A. CONCEALMENT. MISREPRESENTATION OR FRAUD Thll Coverage Part II void in any case 01 Iraud by you as It reletes to thll Coverage Part at any time. It II allo void II you or any other insured. at any time, inlentlonally conceal or misrepresent a maleriellact concerning: 1. Thil Coverage Part; 2, The Covared Property; 3. Your Intereslln the Covered Property; or 4. A claim under this Coverage Part. B. CONTROL OF PROPERTY Any act or neglect 01 any person other than you beyond your direction or control will not allect thll Insurance, The breach 01 any condition 01 this Coverage Part at anyone or more locations will not allect cov- erage at any location whara, at tha time 01 loss or damaga, the braach 01 condition doas not ex- Ist. C. INSURANCE UNDER TWO OR MORE COVERAGES IIrwo or mora 01 this policy's coverages apply to the same loss or damage. we will not pay more than the actual amount 01 the loss or damage. D. LEGAL ACTION AGAINST US No one may bring a legal action against us undar this Covaraga Part unless: 1. Thera has baan lull compllanca with all 01 the terms ollhis Coverage Part; and 2. The action Is brought wilhln 2 years aher the data on which the diract physical loss or damaga occurred. E. LIBERALIZATION II we adopt any revision that would broaden the coverage undar this Coverage Part without addl' tional pramium within 45 days prior to or during the policy period, the broadened coverage will immediately apply to Ihis Coverage Part. F. NO BENEFIT TO BAILEE No person or organization, olher than you. having custody 01 Covered Proparty will benelitlrom this insuranca. G.OTHERINSURANCE 1. You may have othar insurance subjecl to the same plen. terms. condilions and provisions as the Insurance under this Coverage Part. II you do, we will pay our share 01 the covered loss or damaRe, Our share is the proportion that the applicable Limit 01 Insurance undar lhis Coverage Part bears to the Limits 01 In. surance of all Insurance covering on the same basis, 2. Ilthare Is other Insurance covering the same loss or damage. tither than that described in 1. above. we will pay only for the amount 01 coverad loss or damage In excess of the amount due from that other insurance. whether you can collect on It or not. But wa will not pay more than the applicable Limit of Insurance. H. POLICY PERIOD, COVERAGE TERRITORY Under this Coverage Part: 1. We cover loss or damage commencing: a. During the policy period shown in the Daclarations; and b. Within the coverage territory, 2. The coverage territory Is: a. The United States of America (including ils lerritories end possessions); b. Puerto Rico; and c. Canada. CP 00 90 07 88 Copyright. ISQ Commercial Risk Services. Inc,. 1983. 1987 Page 1 01 2 '. . . . ~ -. corJ1MERCIAL PROPERTY CAUSES OF LOSS ,- SPECIAL FORM Words and phrases that appear ,n quotal,or, IIHd s 11;'ooJ special '"leaning. Definitions, A, COVERED CAUSES OF LOSS When Special is shown in the Declar3t,c"'~ Covered Causes of Loss means RISKS (jF DIRECT PHYSICAL LOSS unless the loss ,~ 1, Ellcluded in Section B., Ellclusions. or 2. Limited in Section C., Limitations; that follow. B. EXCLUSIONS 1. We will not pay for loss or dami'i'E.' caused directly or indirectly by gny of t:lIl following, Such loss or damage is &.. cluded regardless of any other caU~E N event that contributElS concurre'ltly O' " any sequence to the loss e. Ordinance or Lew The enforcement of any ord,'u :_a .. law: (1) Regulaling the construction, Us" ~:,. repair or any property; or (2) Requiring the tearing down .jf a", I property. including the cost ot c.'" moving its debris, b. Eerth Movement 111 Any earlh mov<;lm'lnt (other 1"8" sinkhole collapse}. Sllen ~s ",. earthquake, landslid<;l, ~'''''r. subsidence or aarth sl"king. no.'," or shifting, But If loss or ,j.~"'J 'f by fire or ellplosion rest,lt;. ,;., will pay for that rEtsu'ti'l::j I:'so,c" damage, ' (21 Volcanic E1ruption. 6"plC' '.,~'r: :" effusion. But if less or ;j ,r '1 by fire. f:oui1ding gla~s brJ,,:.:'" volccJnic action re5ul~s. \'ve '.'.II'!1 .~., for that resuiting lc;s or :Ja :,:.;:' Volcanic action m3ans d;~6: ~ "o'~' or damage rC5u!!lng frO'1; eruption 01 a volcano when :h", or damage is caused by: (a) Airborne volcanic blast :;. y' borne shock waVEls: (b) Ash. dust or P:J,.tIC._~:i.:~.'~ ;;- :l~' or (c) Lava flo'-" Refor to Section F. - V')lcaric action does not ,nclu:le the cost to remove ash. dust or purtlculah. mattar that does not cause direct physical loss 01" dam- age] to the described property, ro. Gc.vernmental Action Se,zure or destruction of property by order of governmental authOrity, eut \'JO; will pay for acts of destruction <:,rdered by governmental authOrity and taken at ttle time 01 a fire to preve'lt ,t~ spread, if the fire would be cov- ared under lhis Coverage Part d. Nuclear Huard NUC~53J' r"eJcti!jn or rad!~tion. or ra- dioa-::tlve contamination. hnwllver CillJ9..d. 2\';t j~ ;::"lSS '~r :1Z!T'!~~"'O bV fira result~. wa will pay for thaI' resulting lo~s or cl3mag.~. I!, 0If-P~,,",1ges Sorvlces Tl1e 1 a:Jure of power or other utility servir:e supplied to the described premises. however caused. if the fail- ure occurs away from the de,~~ribad prer,"~as, But ,f lass or dam'ge by a Coverad Cau:;,a of Loss results. we will pay for lh~t : 1:....lti:1g la:;s or damaij'3. War And Mlllla,." Action ili Wo', includmg unde~l..rtlt.i or Civil 'o/';~i; (2) Wa.-iil;a a~t,on ~y a miii.ar',' fo'co. 1I1<:I\ld,ng a~llcn ,n hinde"n9 or e:- ff.'1ding a:J~inst an at:tual' or eA'. O&ctso ,1tfac~. by an~' govo;r,mer,t, ::Jo\ierslgn or other a:Jtr,vrity usirg mil,tary p3r~cnnel or 01h9r ;;gen::;' or (3) Insurrection. reoellio'1 revolutio'1. usurped pOIt.'sr, or ac:icn la"',m bv ,lDvernmental a'Jll1ority ,n hj~d(jri'~ or defend,ng against an\, of me,;;;. J. \^':nec All vo:,:~""ic ftn....:.{:~s :n.~ :'""' ," withi~ any 168 ll~~.:" pc:';':d .: I COn!itltut5 :: :i!nOlt,; \~'.: ";:\.' rei \....~ ''',; ;=!:)o:: ~lJrfa:'3: I:~t(lr. wav~~. t:c€t-c;. ~,oj~1 VJ(1\'9~ c.'edl.jw ':If ;tn-~ ~Jo~y ?f water', or t "::lr spray. nli .,~I:'r'~rar t~: ,'J8i1 by \'V''''!'' 0," not; I~~: 1\.f1:;'~l.:lidH or :""',,;'~fio\V: CP 1030 1091 Copyright, 1:=-0 CC,":I"""~ ::'1',; 1:-;- ~,.:~v:~~-:::. I.,;.. 1,~jgO. Pa'I" 1 of e ~ .. (3) Water that backs up from a sewer or dr ain; or (4) Water under the ground surface pressing on. or flow'ng or seeping through; la) Foundations, walls, floors or paved surfaces; (b) Basements. whether paved or not; or Ie) Doors. windows or other openings. But if loss or damage by fire, explo- sion or sRrlnkler leakage results. we will pay for that resulting loss or damage, 2. We will not pay for loss or damage caused by or resulting from any of tno following: .. Artificially generated electric current. including electric arcing, that disturbs electrical devices. appliances or wires, But if loss or damage by fire results. we will pay for that resulting loss or damage, b. Delay. loss of use or loss of market e. Smoke. vapor or gas from agricultural smudging or industnal operat,ons, c:I. (1) Wear and tear; (2) Rust. corrosion. fungus. decay. de- terioration. hidden or latent defect or any quality in property that causes it to damage or destroy it- self; (3) Smog; (4) Settling. cracking. shrinking or ex- pansion; (S} Insects. birds. rodents or other animals; (6) Mechanical breakdown. including rupture or bursting cau5sd by centrifugal force, However. th:5 does nol apply to any resulting 1055 or damage caused by elevator col- lision; (7) The fol:owing causes of loss to personal property: (a) Dampness or dryness of at- mosphere; Ib) Changes in or extremes of temperalura; or (el Marring or scratching But if loss or damage by the "speeil:ad causes of loss" or bu,ld,nq Cl,ass breakage results. we Will pay 'j or tha: result,ng loss or damage D. ExplOSion of steam boilers. steam p'pes. steam engines or steam turbines owned or leased by you. or oper .ted undor your control. But if loss or damage by fire or combustion explo- s,on r ilsul s. we will pay for that re- sulting loss or damage, Wa will .150 pay tor loss or damage caused by or resulting from the explosion of ga... or fuel Within the furnace of any fired ve 5 sel or Within the flues or RasS'981 through which the gases of com- busllon pass. f. ContlMuous or repeated seepage or lea. age of water lhat occurs over a penod of 14 days or mora, g. Water. other 1'9uidS, powder or molten matenal that eaks or fiows from plumbing, . heating. air conditioning or Olher equlpmentlexcept fire protective systemsl caused by or result,ng from freezing, unless; (1) You do your best to maintain heat Ii' the building or structure; or (:!) Yeu d,ain the equipment and shut :>f f the supply if the heat is not ,"~Intalnea. h, D'silo,",est or criminal act by you. any of your partners. employees. directors. trustees, authorized representatives or anyone to whom you entrust the property for any purpose: (1) Acting aloM or in collusion with -'Jthcrs; or (2) Whother or not occurring during t"3 hours of employment TiC:5 e"clusion does not apply to acts of Q,s:ructlon by your employees; but thaft b'l employees is not covered I. '/:Iu'\arv par ling with any property :": '/"'.1 ':>r anyone else to whom you n1." "~:ru:;;(;j me F?roperty if induced :~ ~" ,0 by a,",'/ fraudulent scheme. :,.::.. -,,';'/Ice or false pretense, J, :;a: ,. :'''.:IN. IC;! or slest to personal F'e;:.""!,, ,n th(J open. k. C::;I:"~~'J, ~>:cept as provided below in ',:,'3 ;'j=I~I':.n.,1 Coverage for Collapse, ,~c;: ,: I,,~:; ::>, damage by a Covered c.,,,:~ :,; ~:>;~ re5ults at the described p ':1':.',5, .VO:'11I pay for that resulting ~ .... :." J~:-71;;;: Page 2 of 6 -, . .: ~J ~. : 2 ~ 1 C? 1 0 30 10 9 1 COPYright. ISO CommerCIal R'5k SerVice, . . o ~ "" . I. Discharge, dlsper~.'" seepage. ",1- lJration, raleasf or es~ape of pollutants" unl".lss tha discharge. dis- persal. seepage. mlgr "tIOO, refause or escape IS Itself r.ilused by .my of the "specified causes nf loss. But If loss or damage by the "spuc",eu calJsas of loss" resurls, we wdl pay fe,,. Ihd resull,"g da"';;g~ tau"a<;l bt lh~ "speclflad caUSll, 0 f lo"os 3. We will not pay for 1(J5S ur damage caused by or res'Jlt"'\j from allY of the following, SuI " I,; ss or 11Jm~<:j.l bt a Coverea Causo I')f L':lsS ro;;uas, we will pay for that resultlll\) less or damage .. Weather condit;oM I:lul lhis' e'clusio~ only applies If v..~alh~r cond,tIO~J contribute in ~n~ w.y ""Ii, a cause or evenl exclud9d 111 paragrap!, t. abc'/e 10 produce Ih9 iJss 'Jr JJ,l1aile, b. Acts or decisions, I1cluo;n;) Ihe failure to act or d6cide. of any :)"~s(Jn. 9rou'). organizat;r..n or 9ov9rnr.'e"lal body. o. Faulty. il1adoquate or o(lfe';\Jve: (1) Pla'1ning, ,zVni'10, ~ e'/('!":Jmen!, sur- veYing. Sltlilq; (2) Design. sp&:;if;c&,ti:.r,;i, '''.'Qrk~i'l;~'':,r.ip. repair, cr..nz.~n.:ct:or,. I (r,o\'~tIOI~. :'~- modeling. Qrao,"], cO"lOoo:i:m: (3) Malerials used in rep1ir. ,rm- struction. rene)\lmi.;m cr rfmod!ll"'g: or (41 Maintenance. of parlor all e' any prs?~rlv ::n ." off the d""crib".:. prsm.,.c$, 4. Special Excl'Jslc"s Tho 'ollowing p~Ct'.i;,:j~.,I":; ':,~~.l:': 1:,,"11 t. lh9 specifi<,jd Co""r' c" F.,' .""j a. Duslneas I"con..,:a ~Arl" t~':~rE: ':. ~ pen so) C'.:)v~ra!: '"I Fl"rr, ;)J/~ 'ih~:ii \'t.. come {'NI\hou~ ;: "I:. ;:);.i--..;r.-:.:?; CO'Jeres" FOHli, Oi ,:;;:' .._~ E':~r:',l~~lJ Coveraga F urn; We will not r~'} ""'" (H AnV I-:"s!= :~\'~o'1 ,:.;' reS~rt,"': frClm: 'a) Dt:naga :;r :'~~I.f~~t!..... i)~ "~'~IM ished "s'c:/,", ; (bl Th; t:i"'S r;;,~..:il :.,j t: r t:.:J' ~~:\.JO::I "'lr"sr,,fC :;-'" (2) Any loss caused by or resulting from direct physical loss or damage to radIo or television anlennas. in- cluding their lead-in wiring. masts or towers, (3l Any increase of loss caused by or resulting from: Ie) Delay. in rebuilding. repairing or r eplaclnQ the property or re- suming 'operatlons." due to in- lorference at the location of the rebuilding. repair or replacement by strlke~s or other persons; or (b) GlI~pension. lapse or cancellation of any license, lease or contract But if the susponsion. lapse or cllncEillation is directl\! caused by the suspension of "oper- ations." we will cover such loss that affects your Business In- come during the "period of restoration." (41 Any Extra Expense caused by cr resulting from suspension, lapse or cancellation of any Iio;ense. III85e o~ ::onlo'act beyond the "period of re~~oratjon." (5) ,\ny other consequential loss, 10. L'la:oehold Interest Coverage Form (1) Paragraph B.1... Ordinance or Law. deles not apply to insurance under Ih;s Covurage Form. {21 Wa will not pay for any loss caused by: (a) Your cancelling the lease; Ibl The suspension. lapse or can- cellation of any license; or fcl Any other consequential loss, ~. [."9>11 L:"bilit." Coverage Form (1) Tne fc:l:cwin(l Exclusions do not ar. ply to insurance under this Cov- erage form: (al Paragraph D."s.. Ordinance or Law; I~) Parag~.ph 6.1,c., GO\lernmenlal Action; (cl P~r.\r;r,'ph !l.l.d.. Nuclear Hazard; Ie) rarag~"ph a.l.e.. Power Failure; and ('J) Pa'J;l"lIpn fU.f.. ""ar and Military I\t~~lon . jh;~ ~. J(:.f J;::~' :."....1.; ::.. ".,',:;;.- ,liC',; o C? 1 CJ 30 10 9, ....''''..-..1.. ... -~" "'i .. :0"~""",' :,iJI ':':ul". :;".. .I::e), it-,,:., 1880. '89 ~ Page 3 of 6 ~ 121 Contractual Liability We will not defend any claim or .SUII." or pay dama~es that you are legally liable to r:ay, sol'3ly by rea- son of your a~:.umpllon of liability In a conlract or agreement 131 Nuclear Hazard We w,lI nol defend any Claim or .suil." or pay any damages, loss. expense or obligahon, resulting from nuclear reaCllon or r ad,.tlon. or radioactive contamination. how- ever caused, C. LIMITATIONS 1. We will not pay for less of 0' damage to: e. Steam boilers, ste3m pipes. steam en- gines or stoam turb,nes caused by or resulting from any condition or event inSide such equipment au: 'Na w,ll pay for loss of or damage to such equipment caused by or result'ng from an explOSion of gases. or fuel Within the furnace of ~ny fired vessel or within the flues or passages through which the gases of =ombustlon pass, b. Hot water boJiler s or other water heating equipment caused by or re- sulting from any condition or event inside such boilers or equlpm6l11. other than an explosion, c. The interior of any building or ,(ruc- ture. or to porsor,al property in the building or struc'.ure. caused by or resulting from raon. ~n"w, sl!l-3t. ice. sand or dust, ....hath"r droven oy Wind or not, unless: 111 The b'~i1dln9 or ,((uclure ;,(S\ sus- tains d~maJe b\/ a C:-:vr::qj CawCj6 of Loss to It~ roC"f cr W;]:I3 tbrough which th~ ral:-t. !:~:-'N. :.i~et. Ice. sand or ou:;t finton; or 121 The Ivss or da!mge :s c:..;ild by or r8!;ults from uiaw,ny ',' f :mov.... sleet or ;Ct' ,")'~ tna nL,;I':1;'l'; C" sttuctlir6. d. Building rnaterl..Jls and ~uc,JI:e5 n..~t at- tached as ~a;.t ":': ,t1u ~Ul dl;,g or structure. unl(J~': h~'j f=" ~:lla by you. caused bV cr re~'~;!'nQ fr')~" tliOft. except ,05 pr .'l :''J''~' ''-' C".5.a. ~.!I'::J eo Propo,.tv t~;!~ :-; ~1 .':.~ln1 ,. f y....: t:la o~~ly eVidQflCC '"'j; u..,o '(j5!:i :.!arf1age is a 51,ort:Jc.;.! ~11:;.~':.:,..;,,-.'1 "I' ~.j:;lng ~n- ventory. :Jr C~I"er "';:'):':'_.. ':_here there IS nr') rj:1', St'': ,t .'.'t~'~:':":l t: ;.h,:,\'~", what happen";"' ':J :~:- :. ..-:...., Page 4 of 6 ..... f. Gutters alld downspouts caused by or resulting from we'ght of snow. ice or sleet 9, Property that has been transferred to a person or to a place outSide the deSCribed premises on the basis of unauthorized Instructions. 2. We will not pay more for loss of or damage to glass that IS part of a building or structure than S 100 for each plate. pane, multiple plate insulating unit, radiant or solar healing panel. jalousie. louver or shutter, We w,ll not pay more than .500 for all loss of or darnage to building glass that occurs at anyone time, This Limitation does not applv to loss or damage by the "specified causes of loss," except vandalism, 3. We will not pay for loss of or damage to the followlnQ types of property unless caused by the specified causes of loss. or bUilding glass breakage: e. Valuable papers and records. such as books of account. manuscripts. ab- stracts. drawings. card index systems. film. tapo, dISC. drum. cell or other dala processing. recording or storage media. and other records. b. Animals, and then only if they are killed or their destruction is made necessary. c. Fragile articles such as glassware. statuary. marbles. chinaware and porcelains. if broken This restriction does not apply to: (1) Glass that is part of a building or structure; (21 Containers of proper tv held for .ale; or (31 Photographic or scientific instru- ment fenses. d. Buildars' machinery, tools. and equip- ment you own or that are entrusted to you. while awa'l from the premises deSCribed In the Declarations. except as provided in paragraph C.5,b. below, 4. For loss or dam~ge by lheft. the fol- lOWing types of property are covered only up to the limits shown: 8, 52.500 for furs, fur garments and garmonts trimmad Wlt~ fur . ..... ;-' - I ~ . . C v"""ercial Risk Services, Inc. 1990, 1991 CP 10 30 10 91 . . . ~ . b. S2.500 for jewelry. watches. watch movemenlS. Jewels. pearls. precious and semi-precIous stones. bulhon. gold. silver. platinum and other pre- CIOUS alloys or metals, This limit does not apply to Jewelry and watches worth S 100 or less per Item a. $2.500 for pallerns. dies. molds and forms. d. 5250 for stamps. tickets. including lottery tickets held for sale. and letters of credit 5. Builder.' Risk Coverage Form Limita. tlona The following provisions apply only to the Builders' Risk Cover age Form, e. Limitation l.d. is replaced by the fol- lowing: d. Building materials and supplies not allached as part of the building or structure caused by or resulting from theft b. Limitation 3.d. is replaced by the fol- lowing: d. Builders' machinery, tools and equipment you own or that are entrusted to you. II. We will not pay the cost to repair any defect to a system or appliance from which water. other liquid. powder or molten material escapes, But we Will pay the cost to repair or replace damaged parts of fire extinguishing equipment if the damage: a. Results in discharge of any substance from an automatic fire protection system; or b. Is directly caused by freezing. D. ADDITIONAL COVERAGE . COLLAPSE We will pay for loss or damage caused by or resulting from risks of direct physical loss involving collapse of a building or any part of a building caused only by one or more of the following: 1. The "specified causes of loss" or breakage of building glass. all only as in- sured against In this Coverage Part; 2. Hidden decay: 3. Hidden insect or vermin damage; 4. Weight of people or personal property: 5. Weight of rain that collects on a roof: 6. Usa of defective material or methods In construction. remodeling or renovalion if the collapse occurs dUring the course of the construction. remodeling or reno- val ion. . . CP 1030 10 91 ~ We Will not pay for loss or damage to the follOWing types of properly. if otherwise covered in this Coverage Part. under Item. 2., 3., 4.. 5. and II. unless the loss or damage i. a direct result of the collapse of . building: outdoor r..dio or television antenna.. in- cluding their lead-in wiring. mast. or towers: awnings. gutters and downspout.; yard fixtures; ouldoor swimming pOOls; fences; piers. wharves and doeks:ba.ch or diving phllforms or appurtenances; retaining walls; walks. ro.dways .nd other paved surfaces, COllapse does not include settling. cr aeking. shrinkage. bulging or ellpansion. ThiS Additional Coverage will not increase the limits of Insurance provided In this Coverage Part E. ADDITIONAL COVERAGE EXTENSIONS 1. Property In Trenelt. This Extension .p- plies only to your ;lersonal property to which thiS form applies. e. You mall extend the insurance provided by this Coverage Part to apply to your personal property lother than property In the care. custody or control of your salespersonsl in transit more than 100 het from the described premises. Property must be in or on a motor vehicle you own. lease or operate while between points in the coverage terrltorv. b. Loss or damage must be caused by or result from one of the following causes of loss: (I) Fire. lightning. explosion. windstorm or hail. riot or civil commotion. or vandalism (2) Vehicle collision, upset or overturn. Collision means accidental contact of your vehicle with anolher vehicle or object It does not mean your vehicle's contact with the road bed. 13) Theft of an entire bale. case or package by forced entry Into . securely locked body or compart- ment of the vehicle, There must be visible marks of the forced entry, c. The most we will pay for loss or damage under this Extension is $ 1 000. This Coverage ElItension is additional in- surance. The Additional Condition. Coin,surance. does not apply to thIS Ex. tenSion. Copyright, ISO Commercial Risk Services, Inc,. 1990. 1991 Page 5 of 6 ~ ~ " . OF NEW yrmK A STOCK COMPANY tlEW YORK NY 10036 LUMMERLIAL GEN~RAL LIABILITY COVERAGE PART DECLARATIONS THIS COVERAGE PART CONSISTS OF THIS DECLARATIONS FORH, THE COMMON POLICY CONOITIONS, THL COnMERCIAL GENERAL LIA8ILITY FORM AND THE ENDORSEMENTS HIOIC,HCD AS AFF'UCAl'LE. (SEE: "COIIMON POLICY DECLARATIONS" FOR ITEMS 1 AND 2) NAMED INSUREDI A C KUHN ~ SON INC ETAL (SEE NAMED INSURED END) -----.---------------.------.---.--..---------------------------------------------- , ITEM 3. LIMITS OF INSURANCE GENERAL AGGREGATE LIMIT (OTHER THAN PRDOUCTS - COMPLETED OPERATIONS) PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT PERSONAL ~ ADVERTISING INJURY LIMIT EACH OCCURRENCE LIMIT FIRE DAMAG! LIMIT - ANY ONE FIRE MEDICAL EXPENSE LIMIT - ANY ONE PERSON . 2,000,000 . 2,000,000 . 1,000,000 . 1,000,000 . 0 . e,ooo ----------------------------------------------------------------------------- LOCATION LOCATION OF ALL PREMISES YOU OWN, ~ENT OR OCCUPYI FOR DESCRIPTIONS ON THE INSURED PREMISES, PLEASE REFER TO THE ATTACHED SCHEDULES CLASSIFICATIONS . ALL CLASSIFICATIONS APPLICABLE TO THIS COVERAGE FORM MAY BE FOUND IN THE ATTACHED SCHEDULES . " FORMS APPLICABLE ENDORSEMENTS CO 20 10 11 8S CG 00 01 11 813 IL. 02 4,'> 06 IN ATTACHED TO THIS COVERAGE FORM I CG 20 18 11 8S CO 24 04 11 8S CG 21 45 11 85 CG 21 46 01 87 IL O'~ 10 01 81 47 68" 09 90 IL 00 21 11 '8e ----------------------------.------------------------------------------------- TDTAL PR~MIUM FOR THIS COVERAGE PART SlO, 364. 00 , \. ':LlJDr:~; f:ilr'Yrnl;HTCO M,nEr,u.I, OF H1SI.Jr\AtlCF. SERVICE:S OFFICE, INC., WITH ITS \I~.~irutl. Clk,(I~(GHT, H1SlJf,ANCE SERVICES OFFICE, IHC., 19fJ4. ~ , " .. 1. ,:. --, . "," , , .- POUCY NUMBER PROO E PA E " " " " "! ~".. .... , OF' NEW YORt: A STOCI~ CIJnF'ANY NEW YOm~ NY 100JEI 1;011MI::I\L1'IL r.EI~ERAL UAlllUTY SCHEDULE CL~hiSIFIC,' r CONI CODE DE3CRIPTION 90678 R80FING-RESID(NrrAL TERR 012 PREM BAStS, PAYROLL 20,000 SUBU~IE 3~4 PREM[S~8/0PERArIOHS JJ6 PROD/COMPLETED OPS RATE ~30.:5ol7 7.303 PREMIUM 1,607.00 146.00 LOC TOTAL PREMIUM . 9,744.00 ------- --- - - --- -- - - - ----..-- - - - - - - --- - --- -- - --- -------- ----- - -- -- - ------ ----...-- PREM NU 00002 SLOG NO 01101 LOCATION R. 700 S. AI.LEtl ROAD CARLIgLE PA 17013 CLMiSIF[CA nON, CODE DESCRIPTION TERR 61217 BUILDINGS OR PREMISES-tlMl" OF OFFICE- 012 MERCANTILE OR MANUFACTURING-MnINTAINED BY THE INSURED (LESSOR'S RISK ONLY) INCLUDING PRODUCTS AND/OR COHPLETED OPERATIONS FOR-PROFIT PREM B,iSI:>, AREA 1 , 500 SUOLINE JJ4 PREMISES/OPERATIONS RIllE 14.010 F'REMIUI1 21.00 '. LOC TOTAL PREMIUM . 21.00 -..-----.--------.--------------.------------.-------------------------------------; . ' .~,' 01."\", : - . " .j \ "'~.' . t.' ICVUB ....;\.... P i '~~'. ....'. .~, t '.' i :'d .'.'- , . ~ ~ l <0. .... ., OF HEW yom', A STOCK COMPANY HEW YORK NY 1003B f'REH NO 00010 COMMERCIAL GENERAL LIABILITY SCHEDULE DLDG Nl1 LOCATlOlI 0001 ADJACENT TO 9A W PEN~ISDORO TWP PA 17241 I CLASSIFICATlmh CODE DESCRIPTION .___.---/ TERR 63010 DWELLINGS- OHE-FAMIL Y (LESSOR'S -RISK 012 ONLY) - INC(UDING PRODUCTS AND/OR , COMPLETED OPF.r~ATIljNS '--. -. PREM BASIS: DWELLINGS 1 SUBLINE 334 PREMISES/OPERATIONS RATE 11.563 PREMIUM 12.00 LOC TOTAL PREMIUM . 12.00 ------------------------------------------------------------------------------ PREM 1'10 Ov013 BLDG NO LOCATION 0001 700 S. Al.LEN RD S MIDDLETON Tl~P PA 17007 CLASSIFICATImh CODE DESCRIPTION TERR 63010 DWELLINGS- ONE-FAMILY (LESSOR'S RISK 012 ONLY) - INCLUDING PRODUCTS AND/OR COMPLETED OPERATIONS PREM BASIS: DWELLINGS 1 SUDLIJ'lE 334 PREMISES/OPERATIONS RATE 11.563 PREMIUM 12.00 LOC TOTAL PREMIUM 12.00 . , ------------------------------------------------------------------------------ , - . " 3724 Ed, 3-14 . ~ ,.( . .--...' \..,.' COMMERCIAL GENERAlllASlllTY POLICY NUMBER: ., EPAl9141473 THI.S ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREfULLY. ADDITIONAL INSURED - OWNERS, lESSEES OR CONTRACTORS (FORM B) ThIS endorsemenl mod:fles insurance provided under the followIng COMMERCIAL GENERAL LIABILITY COVERAGE PART, SCHEDULE Name of Person or Orsanlution: PPG INDUSTRIES, INC Guys Run Road P. O. Box 11390 Pittsburgh PA 15238 (If no entry appears above. informatIon required to complete thIS endorsement Will be shown in the Declarallons as applicable to lhis endorsement.) WHO IS P;N tNSURED (Section II) is amended 10 include as an insured the person or organiZ<lllon shown In the S<:hedule. but only wllh respeclto liability arising out 01 "your work" lor Ihat Insured by Or for lOU. RE, Steel Rack Cleaning progran . '. BYERlY INSURANCE AGENTS & BROKERS, INC. 525 NORTH 12TH STREET P.O. BOX 525, LEMOYNE. PI'. 17043 PHONE: (717) 761.4010 CG :)/~ 11'. 11 .Yo' Cil!JY' 1)~111 111',11' '\!"-'.' '>.,.1' , ". I }!ll!" Ill. 1'1;),1 . ,'. POLICY NUMBER: ~., Ii'( ,,- COMMERCIAL GENERAL UABIUl'V THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREfULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) Th,s endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. N.me of Perlon or Orl.nlz.t/on: SCHEDULE College Park Apartments & NHP Property Management, Inc. 52S Third St., Carlisle, Pa. 17013 (If no entry appears above. information required to complete this endorsement will be shown in the Declarations as Clpplicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule. but only with respect to liability arising out of "your work" for that insured by or for you. " '. CG 20 10 11 85 COPYright. Insurance ~ervlces Office. Inc.. 1984 a " , fill( . .;~ f,J <..":.-.' '>;~;:l~~_COMMERCIAL GENERAL UABILtT'1 POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREfULLY. ADDITIONAL INSURED- MORTGAGEE, ASSIGNEE, OR RECEIVER Th,s endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE N.m. of Person or Orl.nlutJon: Betty Ann Beck Gary W. Stubbs 220 Hempt Rd., Mechanicsburg, Pa. 17055 Deslln.tlon of Preml...: Lac Jl 710 Alexander Sp. Rd., S. Middleton Twp., Pennsylvania (If no entry appears above. information required to complete this endorse~ent will be shown in the Declarations as applicable to this endorsement.) 1. WHO IS AN INSURED (Section II) is amended to include as an insured the person(s) or organization(s) shown in the Schedule but only with respect to tl,eir liability as mortgagee. assignee. or receiver and arising out of the ownership. maintenance. or use of the premises by you and shown in the Schedule. 2. This insurance does not apply to structural alterations. new construction and demolition operations per- formed by or for that person or organization. . '. CG 20 18 11 85 COPYright. Insurance ~ervlces Office. Inc.. 1984 o ~ "" COMMERCIAL GENERAL LIABILITY COVERAGE FORM . Various provision. in this pOlicy restrict coverage. ReId the entire policy carefully to determine rights. duties and whit i. and II not covered. Throughout this policy the word. "you' and "your' ref" 10 the Named Insured shown in the Declara. tions. and Iny oth" person or orglnization qualify- ing 1'1 Named In.ured und" thi. policy. The word. "we: "u." Ind "our" refer to thll company providing this insurance. The word "insured" meen. any person or organiza.. tion qualifying as such und" WHO IS AN INSURED (SECTION II). Other word. and phrase. that appear in quotation marks have special meaning. Refer to DEFINITIONS (SECTION V). SECTION I - COVERAGES COVERAGe A. BODILY INJURY AND PROP. ERTY DAMAGE LIABILITY 1. Inlurlng Agreement. I. We will pey thoae sums that the insured be- comes legally oblig8led to pay a. damages because of 'bodily injury" or "property dam- age" to which this inaurance applie.. We will have the right and duty to defend any "suit" seeking those damages. We may at our dis- cretion investigate any "occultence" and Sltlle any claim or "suit" that may result BUI: (1) The amount we will pay for damages is Iimilld as described in LIMITS OF IN- SURANCE (SECTION III); and (2) Our right and duty to defend end when we have used up the applicp.ble limit of insurance in the payment of judgments or settlements under Covereges A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services i. covered unless ex- picity provided for under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B. b. This Insurance epplies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" i. caused by an "occultence" that takes place in the "coverage IIltitory;" and (2) The "bodily injury" or "property damage" occurs during the policy period. . . CG 00 01 11 88 o. Damages because of "bodily injury" include damages claImed by any pelSon or organIza- tion for care. loss of services or death resulting at any time from the "bodily injury" 2. ElCcluelone. This insuranca does not apply to: I. "Bodily injury" or "property damage" expeclld or intended from the standpoint 01 the in- sured. This axclusion does not apply to "bod- ily injury" resulling from the U58 of reasonable force to prollct persons or property. b. "Bodily injury" or "property damage" for which the insurad is obligalld to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) Assumed in a contract or agreement that is an "insured contract: provided the "bodily injury" or "property damage" oc. curs subsequent to the execution of the contract or egreement or (2) That the insured would have in the ab- sence of the contract or agraemant. o. "Bodily injury" or "property damage" for which any insured may be held liable by rea. son 01: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or un- der the influance of alcohol; or (3) Any statute, ordinance or regu lation relat- ing to the sale. gift. distribution or use of alcoholic beverages. This exclusion applies only if you ara in the business of manufacturing. distributing. sell. ing, serving or furnishing alcoholic beverages. Copyright. Insurance Services Qfflca. Inc.. 1982. 1988 Page 1 of 12 0 ~ COMMERCIAL GENERAL LIABILITY COVERAGE FORM d. Any obligation of th. inlulld under a work.rs' compensation disability b.n.fits or un.m. ployment co';'p.nsation law or any similar law. e. "Bodily injury" to: (1) An .mploye. of th. insulld arising out of and in th. course of .mployment by th. insulld; or (2) The spouse, child, parent, brother or sistar of thet .mployee as a cons.qu.nc. of (1) ebove. This exclu.ion applies: (1) Wh.ther th. Insured may be liable as an employer or in any othar capacity: and (2) To any obligation to shall damages with or repay som.on. else who must pay damage. because of the injury. This .xclu.lon does not apply to Ii.bility as. sum.d by th. In.ulld under an "insur.d con- tract. " f. (1) "Bodily injury" or "prop.rty damaga' aris- ing out olth. actual, alleg.d or threat.n.d di.charg., di.persal. seepage, migration, r.I.... or e.cape of pollutants: (I) At or Irom any premi.... lite or loc.tion which Is or was at any time owned or occupi.d by. or rented or loaned to, .ny Insured; (b) At or from any premls.., sit. or location .whlch is or was at any time used by or lor any insured or others lor the handl- Ing, storag., disposal. processing or tllatment of wast.; (c) Which all or wer. at any time trans- port.d. handled. stored. treated. dis- posed of. or processed IS weste by or for any insured or any person or or- ganization for whom you may be legally responsible; or Page 2 of 12 ... (d) At orlrorn any pllmises. site or location on which any in.ured or any contrac- tors or subcontractors working dillctly or indirectly on any in.ured's b.half all performing operations: (I) if the pollutants are brought on or to the premises, site or location in connection with .uch operation. by such insured, contractor or .ubcon- tractor; or (II) if the operation. are to test for, monitor, clean up, remov., contain, tr..t, detoxify or neutraliz., or in .ny Vlay respond to, or .ssess the effects of pollutents. Subparagraphs (a) and (dlli) do not apply to "bodily injury" or "property damag." arising out of heat, smoke or fumes from a hostile fire. As used in this .xclusion, a hostil. fire mean. one which b.comes uncontrollabl. or br.aks out from where It was Intend.d to b.. (2) Any loss, cost or .xpen.e arising out of any: (e) Request, demand or order that any In- sured or others te.t for. monitor. clean up, remove, contain. treat, detoxify or neutralize. or in any way respond to. or essess the effects of pollutants; or (b) Claim or suit by or on behalf of a gov- ernmental authority for damages be- cause 01 testing for, monitoring, cleaning up, removing. containing, treating, detoxifying or n.utralizing, or in any wey responding to, or assessing the effects of pollutants. Pollutants means any solid. liquid. gaseous or thermal Irritant or contaminant, including smoke. vapor. soot, fumes, acids. alkalis, ch.micals and waste. Wast. includes materi- als to be recycled, reconditioned or reclaim.d. g. "Bodily injury" or "property damage" arising out of the ownership, maintonance, use or entrustment to others of any aircrah. "auto" or watercrah own.d or operated by or rented or loaned to any insured. Use includes opera- tion and "loading or unloading: Copyright. Insurance Services Qffice, Inc., 1982. 198B CG 00 01 11 88 ~ f 4 c CJ ~ . Thi. exclusion does not epply to: (1) A watercraft while ashore on premises you own or rent: (2) A watercraft you do not own that is: (I) Less than 26 feet long; and (b) Not being used to car<'{ persons or property for a charge: (3) Parking an "auto" on. or on the ways next to. premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the Insured; (4) Liability assumed under any "insured con. tract" for the ownership. maintenance or use of aircraft or watercraft: or (6) "Bodily injury" or "property damage" aris. ing out 01 the operation of any of the equipment listed in paragraph f.(2) or f.(3) of the definition of "mobile equipment" (Section V.8.). h. "Bodily injury" or "property damage' arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use 01 "mobile equipment" in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity. I, "Bodily injury" or "property damage" due to war, whether or not declared, or any act or condition incident to war. War includes civil war. insurrectiolt, rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement. j, "Property damage" to: (1) Property you own, rent. or occupy; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in tha cara. custody or control of the insured; . . CG 00 01 11 88 -- COMMERCIAL GENERAL LIABILITY COVERAGE FORM (6) That particular part of real property on which you or any contractors or subcon- tractor. working directly or indirectly on your behalf are performing operation.. if the "property damage" arises out of tho.. operations; or (6) That particular pan of any property that must be restored. repaired or replaced be. cause "your work" was incorrectly per- formed on it. Paragraph (2) of this exclusion does not apply if the premises are "your work" end were never occupied, rented or held for rental by you. Paragraph. (3), (4), (5) and (6) of this ex- clusion do not apply to liability assumed un- der a sidetrack agreement. Paragraph (6) of this exclusion does not apply to .property damage" included in the "products-completed operations hazard.' k. "Property damage" to "your product" arising out of it or any pan 01 it. I. "Property damage" to "your work" arising out of it or any pan of it and included in the "products-completed operations hazard." This exclusion does not apply if the damaged work or the work out of which the- damage arises was performed on your behalf by e subcontractor. m. "Property damage" to "impaired property" or property that has not been physically injured. arising out of: (1) A defect. deficiency, inadequacy or dan- gerous condition in "your product" or 'your work;" or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This excllosion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your prod. uct" or "your work" after it has been put to its intended use. n. Damages claimed for any loss. cost or expense incurred by you or others for the loss of use. withdrawal. recall. inspection. repair. replace. ment. adjustment. removal or disposal of: Copyright. Insurance Sp.rvices Qtfice. Inc.. 1982. 1988 Page 3 of 12 0 ~ COMMERCIAL GENERAL LIABILIT'f COVERAGE FORM (1) "Your product;" (2) "Your work;" or (3) "Impailld propeny:" if such product. work. or property is with. drawn or recalled from the markel or from use by any perlon or organization because 01 a known or suspected defect. deficiency. inad- equacy or dangerous condition in it. exclusions c. through n. do not apply to damage by fill to premises IInted to you. A separate limit 01 insurance epplies to this coverage as deSCribed in LIMITS OF INSURANCE (SECTION III). COVERAGE B. PERSONAL AND ADVERTIS- ING INJURY LIABILITY 1. Insuring Agreement. I. We will pay those sums that the Insured be- comes legally obligated to pay as demages becluse of "personal injury" or "advertising injury" to which this coverage part applies. We will have the right end duty to defend any ".uit" seeking those damages. Wa may at our discretion investigate any "occurrence" or of. fanse snd settle any claim or "suit" that may resu It. But: (1) The emount we will pay for damagas is limited as described in LIMITS OF IN. SURANCE (SECTION III); and (2) Our right and dllty to defend end when we have used up the applicable limit 01 inaurence in the payment of judgments or sanlemants under Coverege A or B or medical expenses under Coverage C. No other obligation or liability tl) pay sums or perform acts or services is covered unless ex. plicitly provided for under SUPPLEMENTARY PAYMENTS. COVERAGES A AND B. Page 4 of 12 ... b. This insurance epplies to: (1) "Personal injury' caused by an offense arising out of your business. excluding advertising. publishing. broadcasting or telecasting done by or for you; (2) "Adverti.ing injury" caused by en oHense commiued in the cOlirse of advertising your goods, products or services: but only if the offense was commilled in the "coverage territory" during the policy period. 2. Exclusions. This insurance does not apply to: a. "Personal injury" or "advertising injury:" (1) Arising out of orsl or written publicstion 01 materia'. if done by or et the dillction of the insured with knowledge of its falsity; (2) Arising out of oral or wrillen publication of meteria' whose first publication took plsce before the beginning of the policy period; (3) Arising out of the willful violelion of I panal stetute or ordinance committed by or with the consent of the insured; or (4) For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would heve in tha absence of the contract or agllement. b. "Advertising injury" srlsing out of: (1) Breach 01 contract. other than misappro. priation of advertising ideas under an im. plied contract; Copyright. Insurance Sorvices QUice. Inc., 1982. 1988 o CG 00 01 11 88 ~ ). (2) The failure of goods, products or services to conform with advertised quality or per. formence; (3) The wrong description of the price of goods. products or services: or (4) An oHense commitled by an insured whose business is advertising, broadcast. ing. publishing or lelecasting. COVERAGE C. MEDICAL PAYMENTS 1. 'nlurlng Agreement. I. We will pay medicel expenses as described below for .bodily injury. caused by an acci. dent: (1) On premises you own or ren!: (2) On ways next 10 premises you own or rent: or (3) Because of your operations; provided that: (1) The accident takes place in the .coverege territory. and during the policy period: (2) The expenses are Incurred and reported to us within one year of the date of the acci. dent; and (3) The injured person submits to examination, at our expense. by physicians of our choice as ohen as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the ap- plicable limit of insurance. We will pay rea. sonable expenses for: (1) First aid althe time of an accident; (2) Necessary medical. surgical, x-ray and dental services. including prosthetic de- vices: and . . CG 00 01 11 8B -- COMMERCIAL GENERAL LIABILITY COVERAGE FORM (3) Necessary ambulance. hospital. profes. sional nursing and funeral services. 2. exclusions. We will not pay expenses for .bodily injury:. e. To any insured. b. To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. To a person injured on that pert of pllmlses you own or rent that the person normally oc- cupies. d. To a person. wh8lher or not an employ.. 01 any insured. if benefits for Ihe .bodily injury. are payable or must be pr;lvided under a workers' compensetion or disability benefits law or a similar law. e. To a person injured while laking part in ath- letics. f. Included within the .products-completed op. eretions hazard: g. Excluded under Coverage A. h. Due to war. wh8lher or not declared. or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. SUPPLEMENTARY PAYMENTS. COVERAGES A AND B We will pay. with respect to any claim or .suit. we defend: 1. All expenses we incur. 2. Up to $250 for cost of bail bonds re'luired be- cause of accidents ortraHic law violalions arising out of the use of any vehicle to which the Bodily Injury Liabillt', Coverage applies. We do not have to furnish these bonds. 3. 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. Copyright. Insurance Servicas QUice. Inc., 1982. 1988 Page 5 of 12 0 ~ COMMERCIAL GENERAL LIABILITY COVERAGE FORM 4. All reasonable IXpen... incurrad by the insured at our request to assist us in the investigation or defense of the claim or .suit.' including actual 10llll of earning. up to .100 e day because of time off from work. IS. All costa taxed egalnst the insured in the .suit.. e. Prejudgment interest awarded against the insured on thet pan of the judgment we pay. If we make en offer to pay the epplicable limit of Insurance, we will not pay any prejudgment intarest based on that period of time aherthe offer. 7. All interest on the full amount of eny judgment thet eccrulS eher entrY of the Judgment end be- fore we heve paid. offered to pay. or deposited in co un the pan of the judgment that Is within the applicable limit of insurence. These payments will not reduce the limits of insur. ance. SECTION" ' WHO IS AN INSURED 1. If you ere designated In the Oeclaratlons as: eo An Individual, you and your spouse are in- sureda, but only with respect to the conduct of a business of which you sre the sole owner. b. A partnership or joint venture. you ere en In- sured. Your members. your penners, end their spouses ere also insureds. but only with re- spect to the conduct of your business. c. An organization other than a pertnership or joint venture, you are an insured. Your execu- tive officers and directors ere insureds. but only with respect to their duties as your offi- cers or directors. Your stockholders are also insureds, but only with respect to their liability IS stockholders. 2. Each of the following Is also an i:1sured: a. Your employees. other than your executive officers. but only for act. within the scope of their employment by you. However. no em- ployee is an insured for. (1) .Bodily Injury. or .personal injury" to you or to a co-employee while In the course of his or her employment, or the spouse. child. parent. brother or sister of that co- employee as a consequence of sllch "bodily injury" or "personal injury.' or for any obligation to share damages with or repay someone else who must pay dam. ages because of the injury; or (2) "Bodily injury" or "personal injury" arising out of his or her providing or failing to ~ prClvide professional health care serVICes; or (3) "Property damage. to property owned or occupied by or rented or loaned to that employee. any of your other employees. or any of your partners or members (if you are a pertnership or joint venture). b. Any person (other than your employee). or any organization while acting as your real es- tal8 manager. c. Any person or organization having proper temporary custody of your property if YOll 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 legel representative if you die. but only with respect to duties IS such. That represen- tative will hsve ell your rights end duti'Js under this Coverage Part. 3. With respect to .mobile equipment" registered in your neme under any motor vehicle registration law. eny person is an insurad while driving such equipment .Iong a public highway with your permission. Any other person or organization re- sponsible for the conduct of such person is also an Insured. but only with respect to liability aris- ing out of the operation of the equipment. and only if no other insur6nce of any kind is available to that person or organization for this liability. However. no person or organization i. an insured with respect to: a. "Bodily injury" to a co-employee of the person driving the equipment; or b. "Property damage" to property owned by. rented to. in the charge of or occupied by you or the employer of any person who is an in- sured under this provision. 4. Any organization you newly acquire or form. other than a partnership or joint venture. and over which you maintain ownership or majority inter- est. will qualify as a Named Insured if lhere is no uther similar insurance available to that organ- ization. However: a. Coverage under this provision is afforded only until the 90th day after yolt acquire or form the organization or the end of the policy period. whichever is earlier: CG 00 01 11 88 o Page 6 of 1 2 Copyright. Insurance Services Qffice. Inc.. 1982. 1988 '" .. b. Coverage II< do.. not apply to 'bodily Injury' or 'property damag." that occurr.d b.fore you "qui,.d or form.d the organization: and c. Coverage B does not apply to 'personal in- jury" or . adv.rtlSing injury" ari.ing out 01 an ottens. committ.d b.fore you acquired or formed th. organization. No person or organization i. en insured with resp.ct to th. conduct of any cUII.nt or past partnership or joint v.ntuII that is not shown as a Named Insured in the D.clarations. SECTION III - LIMITS OF INSURANCE 1, The Limits 01 Insuranc. shown in the Declara. tions and th. rules b.low f,. lh. most w. will pay regardless of lh. number of: e. Insurads; b. Claims mad. or "suits' brought; or o. Parsons or organizations making claims or bringing 'suits." 2. Th. General Aggreg'l' Limit is th. most w. will pay for the sum of: I. M.dical ..penses under Coverage C: b. DamaglS under Coverage A, ..c.pt damages because of "bodily injury" or "property dam- ag." includ.d In the "products-completed operations hazard;" and c. Damages under Coverage B. 3. Th. Products-CompI8l.d Operation. Aggregate Limit is the most we will pay under Coverage A for damages b.caus. of "bodily injury" and "prop.rty damag." includ.d in the "products- completed operations hazard." 4. Subj.ct to 2. above, th. Personal and Adv.nising Injury Limit is the most w. will pay under Cover. age B for th. sum of all damages because of all "personal injury" and all "advertising injury' sus- tain.d by any on. person or organization. 6. Subj.ct to 2. or 3. above. whichever .pplies. the Each Occurrence Limit is th. most w. will pay for lhe sum of: .. Oamag.s under Coverage A; and b. M.dical expenses under Coverage C b.caus. of all "bodily injury" and 'property damage" arising out of anyone "occurrence." . . CG 00 01 11 88 ~ COMMERCIAL GENERAL LIABILITY COVERAGE FORM 8. Subject to 5. abov.. the Fire Damage Limit i. the most we Will pay under Coverage A lor damag.. because of "prOpeny damag." to premises IInt.d to you arising out of any on. fire. 7. Subj.ct to 5. abov.. the M.dical Exp.ns. Limit i. th. most w. will pay under Coverage C for all m.dical e.p.ns.s because of 'bodily injury" su.. lained by any on. person. Th. limIts of this Coverage Pan apply sepall..'Y to each cons.cullve annual period and to any remain. ing period of I.ss than 12 monlhs. staning with the beginning of th. policy period shown in the D.cla. rations. unl.ss the policy period is ....nd.d aher i.- suanc. lor an sdditional period of less than 12 months. In that cas.. th. additional period will b. deemed part of the last preceding period for pur. poses of d.termining th. Limits of Insuranc.. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Slnk,uptcy. Bankruptcy or insolv.ncy of lhe insured or of th. insured's eSlate will not reliev. 1JS of our obli. galions under this Coverage Pan. 2. Dutie. In Th. Ev.nt Of Occu'IInce. Clllm Or Suit. e. You must see to it that we all notifi.d a. soon as practicable of an "occulI.nce" or an of- fens. which may result in . cl.im. To th. .1I- lent possible, notic. should Include: (1) How. when and where the "occurrenc." or ottens. took plac.; (2) The nam.s and address.. of any injured person. and witnesses; and (3) Th. nature and location of any injury or damage arising out of th. "occurrenc." or off.nse. b. "a claim is mad. or "suit' is brought again.t any insured. you must (1) Immediately record the specifics of the ciaim or 'suit" and th. dale received; and (2) Notify us as soon as practicable. You must see to It that we rec.ive written notice 01 th. claim or "suit" as soon as prac- ticable. Copyright. Insurance Services Qftice. Inc.. 1982. 19B8 Page 7 of 12 CJ ~ COMMERCIAL GENERAL LIABILITY COVERAGE FORM o. You end eny other involved insured mUS1: (1) Immediately send us copies of any de- mands, notices, summonses or legal papers received in connection with the claim or "tult;- (2) Authorize us to obtain records and other information: (3) Cooperste with us in the investigation, settlement or defense of the claim or "suit;" and (4) Assist us. upon our request. in the enforcement of any right against any per- son or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insureds will, except at their own cost, voluntarily make a payment, essume eny obll. gation. or incur any expense. other than for first aid. without our consent. 3. Legl' Action Agelnet Ue. No person or organization has a right under this Coverage Part: e. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. 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 obtained aher an actual trial; but we will not be Iieble for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insur. ence. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal repre- .entatlve. 4. Other Insurance. If other valid and collectible insurance is available to the insured for a loss we cover undar Cover. age. A or B of this Coverage Part. our obligations are limited as follows: e. Primary Insuranca This insurance is primary except when b. be. low applias. If this insurance is primary. our obligations are not affected Page 8 of 12 fM"\ unles. eny of the other insurance is also pri- mary. Then. we will share with all that other insurance by the method described in c. be- low. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contino gent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk. Installation Risk or similar coverage for "your work;" (2) That is Fire insurance for premises rented to you; or (3) If the loss arises out of the maintenance or use of aircrah, "autos" or watercraft to the extent not subject to Exclusion g. of COllerage A (Section I). When this insurance is excess, we will have no duty under Coverage A or B to defend any claim or "suit' that any other insurer hes a duty to defend. If no other insurer defends, we will underteke to do so, but we will be entitled to the Insured's rights egainst all those other insurers. When this insurance Is excess over other in- suranae, wa will pay only our share of the amount of the loss, If any, that exceeds the sum of: (1) The total amount that all such other insur- ance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured emounts under all that other insurance. We will share the remaining loss. if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method of Sharing If all of the other insurance permits contrib- ution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains. whichever comes firs\. Copyright. Insurance Services Qlfice. Inc., 1982. 1988 CG 00 01 11 88 I, o . . ~ If any of the other insurance does not permit contribution by equal shares. we will contrib- ute by limits. Under this method. each insur- er's share ,s based on the ratio of its applicable limit 01 insurance to the total applicable limits of insurance of all insurers. 6. Premium Audit. a. We will compulI all premiums for this Cover- age Pert in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad- vance premium is a deposit premium only. At the close of each audit period we will com- ;lute the earned premium for that period. Au- dit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the pol- icy term is greater than the earned premium. we will return the excess to the first Named Insurtid. c. The first Named Insured must keep records of the information we need for premium compu- tation, and send us copies at such times as we may request. 8. Rapresentltlon.. By accepting this policy, you agree: I. The statements in the Declarations are accu- rate and complete; b. Those statements are based upon represent- ations you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds. Except with respect to the Limits of Insurance. and any rights or duties specifically assigned in this Coverage Part to the first Named Insured. this insuranca applies: a. As if each Named Insured were the only Named Insured: and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Tran.fer Of Right. Of Recovery Against Others To U.. If the insured has rights to recover all or part 01 any payment we have made under this Coverage ~ COMMERCIAL GENERAL LIABILITY COVERAGE FORM Part. those rights are transferred to us. The in- sured must do nothing after loss to impair them. At our request. the in.ured WIll bring .suit" or transfer thosa rights to us and help us enforce them. 9. When We Do Not Renew. If we decide not to renew this Coverage Part. we will mail or deliver to the first Named Insured shown in the Declaration. wrinen notice of the nonrenewal not less than 30 days before the ex. piration date. If notice is mailed, proof of mailing will be suffi- cient proof of notice. SECTION V - DEFINITIONS 1. "Advertising injury" means injury arising out of one or more of the following offenses: a. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods. products or services: b. Oral or written publication of material that vi- olates a person's right of privacy; c. Misappropriation of advl/rtising ideas or style of doing business; or d. Infringement of copyright. title or slogan. 2. "Auto" means a land motor vehicle. trailer or semitrailer designed for travel on public roads, including any ettached machinery or equipment. But "auto" does not include "mobile equipment." 3. "Bodily injury" means bodily injury. sickness or disease sustained by a person. including death resulting from any of these at any time. 4. "Coverage territory" means: a. The United StallS of America (including its territories and possessions). Puerto Rico and Canada; b. International waters or airspace. provided the injury or damage does not occur in the course of travel ortrallsportation to or from any place not included in a. above: or c. All parts of the world if: (1) The injury or damage arises out of: (a) Goods or products made or sold by you in the territory described in a. abovlJ: or CG 00 01 11 88 Copyright, Insurance Services Qfllce. Inc.. 1982. 1988 Page 9 0112 0 ~ COMMERCIAL GENERAL LIABILITY COVERAGE FORM (b) The activitils of e person whose home i. in the territory described in ,. ebovl. but is ewey for , short time on your business; ,nd (2) The insured's responsibility to pay dam- eges is determined in , "suit" on tt,e melit.. in the territory described in a. ,bove or in , senllmlnt we Igrel to. 5. "Impaired property" means tangible property. other then "your product" or "your work: that cannot be ulld or ia less useful beceuse: I. It incorporates "your product" or "your work" that i. known or thought to be defective, de- ficient inadequate or dangerous; or b. You havI failed to fulfill the terms of a con- tract or agreement; if such property cen be restored to UII by: e. The repair, replacement, adjustment or re- moval of "your product" or "your work;' or b. Your fulfilling the terms of the contract or agreement. I. "Insured contract" meano: e. A III" of premi..s; b. A lid.treck agrnment; o. Anv lI"ment or Iicenll egreement, excapt in connection with construction or demolition operationa on or within 50 feet of e railroad; d. An obligation, 8S required by ordinence. to indemnity e municipality, except in con- nection with work for a municipality; .. An elevetor maintenence egreement; f. That part of eny other contract or agreement perteining to your business (including an Indemnificetion of a municipality in con. nection with work performed for a munici- pality) under which you assume the ton liability of enother party to pay for "bodily in. jury" or "property damage" to a third person or organization. Ton liability means a liability that would be imposed by law in the absence of any contract or egreement. PAge 10 of 12 ,.. An 'insured contra,," does not include that pan of any contract or agreement: I. That indemnifies any person or organization for "bodily h1jUry" or "property damage' aris- ing out of construction or demolition oper. ations. within 50 feet of eny railroed propeny and affecting any railroad bridge or trestle, tracks, roed.beds, tunnel. underpass or cross. ing; b. That indemnifies an archi"ct. engineer or surveyor for injury or damage arising out of: (1) Preparing, approving or failing to prepare or approve maps, drawings, opinions, re. pons, surveys. change orders. designs or specification.; or (2) Giving directiona or instructiona. or failing to give them, if that is the primary causa of the injury or damage; c. Under which the in.ured, if an architect. en. gineer or surveyor, assumes liability for en in. jury or damage arising out of the insured's rendering or fsil;Jre to render professional ser. vices, including those i1sted in b. above and supervisory, inspection or engineering .er. vices; or d. That indemnifies sny person or organizati"n for damage by fire to premises rented or loaned to you. 7. 'Loading or unloading" meens the handling of property: s. After it is moved from the place where it is acceptad for movement into or onto an air- craft. 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 nOl at. lached to the aircraft. watercraft or "auto." B. -Mobile equipment' means any of the following types of land vehicles. including any allAched machinery or equipment: Copyright. Insurance Services Qffice. Inc.. 1982. 1988 CG 00 01 11 88 . o ~ . .. Bulldozers. larn, machinery. lorklifts and other vehicle. de.igned for use principally oH public road.; b. Vehicle. meintained for use solely on or ne~t to premises you own or rent; e. Vehicles thll travel on crawler treads: d. Vehicles. wh8lher self-prop.lled or not, main- tained primarily to provide mobility to perma- nently mounted: (1) Power crenes, shovels. loaders, diggers or drills; or (2) Road construction or resurfacing equip- ment such as graders, scrapers or rollers; .. Vehicles not described in a.. b.. c. or d. above that are not .elf.propelled and are maintained primsrily to provide mobility to permanently attached equipment of the following types: (1) Air compressors. pumps and generators. including spraying, welding, building cleaning, geophysical e~ploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purpoees othel' than the transportation of persons or cargo. However, self-propelled vehicles with the fol- lowing types of permanently attached equip- ment are not "mobile equipment" but will be considered "autos:" (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance. but not con- struction or resurfacing; (e) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors. pumps and generators, including spraying, welding. building cleaning, geophysical exploration, lighting and well servicing equipment. 9. "Occurrence" meuns an accident. including con. tinuous or repeated exposure to substantially the same general harmful conditions. . CG 00 01 11 88 --- COMMERCIAL GENERAL LIABILITY COVERAGE FORM 10." Personal injury" mean. injury, other than "bodily injury," ari.ing out of one or more of the follow- ing oHenses: I. FalSI arrest, detention or imprisonment; b. Malicious prosecution; C. T he wrongful eviction from. wrongful Intry Into. or Invasion 01 the right of private occu- pancy of a room. dwelling or premise. that I person occupies by or on behelf of its owner. landlord or lessor; d. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization'. goodl, products or services; or e. Oral or written publication of materiel that vi- oletes a person's right of privacy. 11.a. "Producls-completed operation. ha18rd" in- cludes all "bodily injury" and "property dem- age" occurring away from premises you own or lent and arising out of 'your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. b. "Your work" will be deemed complel8d at the earliest of the following times: (1) When all of the work called for In your contract has been completed. (2) When all of the work to be dona at the site has been completed if your contract calls for work at more than one .ite. (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project Work that may need service, maintenance. COrrection, repair or replacement, but which is otherwise complete, will be trealld as compl8led. c. This hazard does not include "bodily injury" or 'property damage' arising out of: Copyright, Insurance Services QHice. Inc., 1982. 1988 Page 11 of 12 0 ~ COMMERCIAL GENERAL L1ABILlrY COVERAGE FORM (1) The transportation of property. unles. the injury or damege lIi..1 out of a condition in or on a vehicle created by the 'loading or unloading' of it; (2) The existence of tools. uninstalled equip. ment or abandoned or unused materials; (3) Products or opllations for which the clas. .iflcelion in this Coverage Part or in our manual of rules includes products or com. pllled operation.. 12. 'Property damage' meen.: I. PhYlical injury to tangible property, including all re.ulting 10.. 01 use of that property. All such lOls of use shell be deemed to occur at the time of the phy.ical injury thlt caused it; or b. Lou of u.e 01 tangible property that is not physicelly injured. All such loss .hall be deemad to occur at the time of the 'occur. rence' that caused it. 13. 'Suit' mean. a civil proceeding in which damage because of 'bodily Injury: 'property damage: 'personal injury' or 'advertising injury' to which this inaurance applies ore alleged. 'Suit' Includes: I. An erbittelion proceeding In which luch damag.. all cle/med Ind to which you must submit or do submit with our consent; or b. Any other alternative dl.pute resolution pro- ceeding In which such damag.. are claimed aOl:! to which you submit with our consen.. 14. 'Your product' means: Page 12 of 12 ~ s. Any goods or products. other than real prop- erty. manufactured. sold, handled. di.tributed or di.posed of by: (1) You: (2) Others trading under your name; or (3) A person or organization whose bu.iness or aUIII you have acquired; and b. Containers (other than vehicles), materials, part. or equipment furnl.hed in connection with .uch good. or products. 'Your product' includes: I. Warranties or representetion. made It eny time with re.pect to the fitn.... quality. dUll- bility, parformance or use of 'your product;' and b. The providing of or failure to provide warning. or instructions. 'Your product' do.. not include vending ma- chines or other proparty rented to or located for the use of others but not .old. 15. 'Your work' means: a. Work or operetion. performed by you or on your behelf; and b. Materiel., parte or equipment furnl.hed in connection with .uch work or operatlone. 'Your work' Includ..: a. Warranties or repllsentatione made It eny time with respect to the fitness, quelity, dura- bility. performance or use of 'your work;' and b. The providing of or failure to provide warnings or in.tructions. Copyright. Insurance Services QHice. Inc.. 1982. 1988 CG 00 01 11 88 . Cl ~ ~ COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREfULLY. EXCLUSION-fiRE DAMAGE LEGAL LIABILITY This endor5'lmenl modifies Insurance provided under the follOWing: COMMERCIAL GENERAL LIABILITY COVERAGE PART. 3. The last paragraph 01 2. EXCLUSIONS under Coverage A. (Section I) does not apply. 2. Paragraph 6. of LIMITS OF INSURANCE (Section III) does not apply. 3. Any reference ,n the DeclaratIOns to "Fife Damage Legalliabilily" does not appiy. CG21451185 COPYright. InsurJnce SerVices Otflce. Inc. 1985 c ~ ,..... THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUlLY. . NUCLEAR ENERGY LIABILITY EXCLUSION ENqPBMOOENT This endorsement modiflls In.urance provided under the following: BUSINESSOWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE FART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORT A TION 1. The insurance does not apply: A. Under any Liability Coverage. to "bodily injury" or "property damage" (11 With respect to which an "insured" under the poliCY i. also an insured under a nu- clear energy liability policy Issued by Nuclear Energy Liability lnsurance Associ- ation. Mutual AtomiC Energy Liability UnderWriters. Nuclear Ins~rance Associ- etion of Canada or any of their succes- sors, or would be an Insured under any such policy but for. its termination upon exhaustion of its limit of liability; or (21 Resultinl1 from the "hazardous proper- ties" of nuclear material" and with re- spect to which lal any person or organization is reqUired to maintain fi- nancial protection p~rsuant to the Atomic Energy Act of 1954. or any law amendatory thereof. or Ib) the "insured" is. or had this policy not been issued would be. entitled to indemnity frC'lm 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 or- ganization. B. Under any Medical Payments coverage. to expenses Incurred With respect to "bodily injury" resulting from the "hazardous prop- ertl8s" of "nuclear material" and arising o~t of the operation of a "nuclear facility" by any person or organization. C. Under any liability Coverage. to "bodily injury" or "property damage" resulttng from "hazardous propertl8s' of "nuclear materoal:' If . . IL 00 2 1 I 1 85 (11 The "nuclear material" la) is at any "nucl.., faCility" owned by. or operated by or on behalf of. an "insured" or Ib) has been dis- charged or dispersed therefrom; {21 The "nuclear material" ,s contained in "spent fuel" or "waste .. at any time possessed. handled. used. processed. stored. trans- ported or disposed of, by or on behalf of an "insured." or (31 The "bodily injury" or "property damage" arises o~t of the furnishing by an "ins~red" of services. materials. parls or equipment in connection with the planning. con- struction. mllntenance. 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 13) applies onl.,. to "property damage" to such "nuclear facility" and any property thereat 2. As used in this endorsement "Hazardous properties" includes radioactive. tt" xic or explosive properties. "Nuclear material" means "source materia!." "Special nuclear material" or "by-product matsrlal." "Source matenal." "special nuclear materia!." and "by-prOduct material" have the meanings given them in the AtomiC Energy Act of 195'4 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel component. solid or liquid. which has been used or exposed to radiation in a "nuclear reactor." Copyright. Insurance Services Office. Inc. 1984. 1992 Page 1 of 2 ::J ~ ~. . d . In,urame Croup COMMERCIAL INLAND MARINE COVERAGE PART QUICK REFERENCE READ YOUR POLICY CAREFULLY DECLARATIONS PAGE Named Insured and Milling Address Policy Period Otlsr:rlption of Business and Location Coverages and LimllS Of Insurance COVERAGE FORM(S) A. COVERAGE l. Covered Properly 2. Property Not Covered 3. Covered Causes of Loss 4. Additional Coverage-Collapse 5. Coverage ExrenSlons (i' Applicable) . War and Military Action . Water (if Applicable) . Olher ExclUSIons C. LIMITS OF INSURANCE D. DEDUCTIBLE (IF APPLICABLE) E. ADDITIONAL CONDITIONS e. EXCLUSIONS · Earthquake (il Applicable) · Governmental Action · Nuclear Hazard F. DEFINITIONS ENDORSEMENTS (IF APPLICABLE) COMMERCIAL INLAND MARINE CONDITIONS LOSS CONDITIONS A. Abandonment B. Appraisal C. DUlles In Che Evenl of Loss D. Insurance Under Two or More Coverages E. Loss Payment F. Other Insurance a. Pair. Sets or Parts H. PriVIlege to Adjust With Owner I. Recoveries J. Reinstatement of Limit Aller Loss K. Transfer of RighlS 0' Recovery Agalnsl OChers 10 US GENERAL CONDITIONS A Concealment. Misrepresentallon or Fraud B. Legal Action Against Us C. No 8enelitto Baliee O. Policy Period E. Valuallon COMMON POLICY CONDITIONS A Cancellation B. Changes C. Examlnallon of Your Books and RecordS D. Inspections and Surveys E. Premiums F Transfer of Your Rights and Dulles Under Th,s Policy COPYright. Insurance Services Olllce. Inc.. 19S2. 19S4 I . , f POLICY NUMBER . EPA19141..73 '003e8Z64 , 01S-HARRISBURG r l. . i ~, ...., iL.C; : ,PAGE ":1~~~o~o-oo~\':'';! ..~. 'i NORTHERN INSURANCE COMPANY OF NEW VORl<: . A STOCK COMPANY NEW YOFW ,NY 1.)1)38 AUDIT CODe: I .. ENDORSEMENT SUMMARY CHANGES NAMED INSURED AND MAILING ADDRESS A C KUHN ~ SON INC ETAL (SEE NAMED INSURED END) P 0 SOX 121 PRODUCER NAME AND ADDRESS BVERLY INSURANCE AGENTS & BROI<ERS INC POB eze - ez~ N, 12TH STREET LEMOYNE PA 17043 CARL:';IL~ PA 17013 INLAND MARINE POLICY PERIOD ENDORSEMENT EFFECTIVE DATE FROM 06/01/93 TO 06/01/94 02/16/9" IT IS HEREBY AGREEn THAT THE CIJMMERCIAL INLAND MARINE COVERAGES ARe: AMENDED AS FOLLOWS. AMOUNT OF INSlIRANCE AT LOC 0001 SLOC 001 FOR CONTRACTOR'S EQUIPMENT IS INCREASED BY .Z7,OOO TO A TOTAL OF tlS3,eoo. ADDING CLARK FORKLIFT, SIN GPX30, VALUE .12,000 ADDING CLARK ~ORKLIFT, SIN GPele, VALUE .16,000 ENDORSEMENT NO, 3 FFB 2 5 1994 ~ TOTAL AODITIIJNAL FRE11IUM OF . ~. DUE AT ENDORSEMENT EFFECTIVE DATE " AUTHORIZED REPRESENTATIVE (DATE) , 0219941500 m. Ed. 3-84 , , ~ ~ MARINE INSTALLATION FORM Verlous provisions In this policy restrict coverege. Read the entire policy carefully to determine rights. duties and what I. and I. not covered. Throughout this policy. the words "you" end "your" refer to the Named Insured shown in the Declarations The words "we". "us" and "our" reler to the Company providing this Insurance. Other words and phrases that eppear In quotation marks have special meaning. Relar to 16 -DEFINITION 1. COVERED PROPERTY This form covers: a. Property which will become installed as part 01 buildings or structures which are shown In the Decleretlons. b. Tools and contain a". This may be your property or the property 01 others for which you are legally liable. 2. WHERE THIS COVERAGE APPLIES Covellge epplles: a. At construction premises; b. Tempollrlly et other premises; and c. In transit. 3. COVERAGE TERRITORY We cover property wherever loceted within; The United States 01 Americe (excluding Alaska), however. we do not cover property while in tllnsitto end from HawaII and Inter 1st and shipments pertaining thereto. 4. PROPERTY INSURED This policy insulls, except as otherwise provided. building materials, supplies. machinery. equipment. fixtures and similar proparty designed to become a permanent part of: a. The construction, Installetlon or completion of building or structures. including foundations; or b. Tho Improvement. alteration, repair or addition to existing buildings or structures; 5. COVERED CAUSES OF LOSS Covered Causes of Loss means RISKS OF OIRECT PHYSICAL "LOSS" to Covered Properly except those causes of "loss" listed In the Exclusions. 6. WHEN COVERAGE BEGINS AND ENOS We cover from the time the properly Is at your risk starting on or aller the time this coverage begins but we will not cover a. Bullding'Materials which have been (1) Installed and have become a part of the realty. (2) When your Interest ceases. (3) When the policy expires or Is cancelled. b. Machinery and equipment. (1) When your Inter~st ceases. not to exceed 120 days atter completion of the projec\. (2) When the policy expires or is cancelled. c. Whichever first occurs under a. and b. ab:lve 401&6 Row $36 ~ ~ 7. PROFERTY NOT COVEREO .. We do nol cover existing building. or structure. to which improvements, elteretionl, repair.. or additions ere being mede. b. Accounts. bill.. currency. deed., evidence 0' debit. money. nOles, and .ecurltlee. c. After in.taH8Ilon, to property sold under delerred payment, lnllallmenl or conditional sal.. agreements. d. Lift Ilab construction 01 eny type unless specllically endorsed hereon. and brldg.. in the course 0' construction. 8. EXCLUSIONS We wI/I nol pey lor loss or damege ceused by or resulting from; a. Unexpleined diaeppearence excepl of property in Ihe cuslody 0' S carrier lor hire; b. Shortege found upon taking Inventory; c. Eerthquake (1) Any ..rth movemenl such es en earthquake, landslide. or sarth sinking. rising or shifting: but we will pey for direct loss ceused by resulting lire or explosion. if these would be covered under this lorm. (2) Volcanic eruption, explosion or effusion; but we will pay lor dlreclloss caused by resulting fire, I' the fire would be covered under Ihls rorm. This excluelon do.. not epply to property In Iransil. d. Flood (1) Flood. surface weter, waves. tides, tidal waves, overllow 01 eny body of weter or their spray, all whether driven by wind or not; (2) Mudsflde or mudflow: (3) Water that back. up rrom any ..wer or drain; or (4) Water thet seeps, I..k. or Hows from the surface or the ground; (5) Any rei.... 0' weter Impounded by a dam; but we will pay 'or direct loss or damage caused by resulting fire, explosion or therr, II these would be covered under this form. This exclusion does not epply to property in transil. e. Rain, snow, sleel, sand or dust to property In the open. Thi. exclusion does not apply 10 properly in the custody 01 a carrier lor hire. I. Testing. but we will pey for direct loss or damage caused by resulting fire or explosion; g. Oefectlve materials or poor workmanship; but this ex~luslon applies only to the cost of replacing the defective meterials or poor workmanship. h. Error. omission or deliclency in designs. plans or specifications; but we will pay lor direct loss or damage caused by fire. lightning. wind, smoke, discharge Irom fire protection or building service equipmenl. or explOSion. II these causes 01 loss would be covered under this Policy (Form). Wear and lear. hidden or latent delect or any quality In property that causes It to damage or destroy ilsell; gradual delellorallon; insects. vermin. rodents; corrosion. rust. mold. rot, dampness or dryness. cold or heat; ). Artificially generated current creating a short Clrcuil or other electric disturbance; buIll another loss thai we insure results. we Will pay only for the resulting loss or damage. . , ;11I\ ,.,. It. Mechanical bllakd(lwn; rupture or bursllng ceulld by centrifugel force; but If anothar Iou that we Inaure resulla. we will pay for only the relultlngloll or demege. I. Explosion. rupture or bursllng of steam boilers, .team pipes. steem turbines or st..m engin..; but this ..cluslon applle. only to 1011 or demage to the boiler. pipe. turbine or engine In which the 1011 occurred. m. olshone.t act. by you, anyone else with an Inter..t in the property, or your or their employe.. or authorized represent8l;v.. or anyone entrusted With the property, whether or not ecting elone or In collusion with other persons or occurring during the hours of employment: but this exclusion do.. not apply to e cerrier 'or hire. n. The enlorcement of Iny ordinance or law: (1) Regulellngthe construction. u.e or repeir 01 eny property; or (2) Requiring the tearing down of eny property, Including the cost 01 removing Its debris; o. Delay. loss of uae or 1011 of market; or any other conl8quenllel 10"; p. Seltling. crecklng. .hrinkege or expansion of the covered property. 9. OTHER EXCLUSIONS We will not pey for: a. Penallle. for noncomplellon or noncomplience with contrect conditions; b. Lose or damege covered under eny guarentee, warranty, or other expressed or Implied obligation of eny contrector. manufacturer or supplier. Thi. exclusion epplles whether or not such contrector, manufacturer or supplier is insured by this form. 10. COINSURANCE All covered property, except property in transit. must be Insured fortis total value II of the lime of loss or you will Incur I penalty. The penalty Isthet we will pay only the proportion of any losa that the limit of insurance at any construction premise bears to the projected full value of ell property at that construction premises et date of complellon. This penelty does not epply to property In trenslt. 11. CONCURRENT CAUSATION When 1011 Qr damage by any of the 'ol/owlngls excluded, such loss or damege Is excluded regardless of any other cause or event. including but not limit to weether conditions. that contribute concurrently or In eny aequence to the lo.s or dameg&: a. Any eerth movemenlsuch IS en eerthquake. landslide. or earth sinking. rising or shifllng: b. Volcanic eruption: c. Flood. surface water. waves. tides. tidal waves, overflow 01 any body /), water or their spray. all whether driven by wind or not: d. Water which backs up through sewers or drains: e. Water below the .urface of the ground; f. War risk and governmental action; or g. Nuclear reaction or radiation. 12 REPORTING FORM a Records (1) You Will keep an accurate record of the actual cash value 0' building materials. including labor per'ormed and overhead and prollt. ,ns,alled and awaiting installation at jab sites and/or ~ ~ , (2) Seperetely the ectuel cllh velue Including lebor performed end overhead and profll 01 machinery and equIpment awalllng In.tellellon el job sll.. and previously Inslalled end .tlll al rl.k. b. Reports and Premium Wllhln 30 deys elter Ihe end of each reporting period as indicated elsewhere in Ihe form you will report 10 u. Ihe valulI II Indlcaled In 12a and 12a ebove. c. Reles end Premium (1) Premium Compulelion. We will compute Ihe premium; (a) Using Ihe ralea II .hown on Ihe declaralions and values as shown in 12a and 12a above: and (b) As of each Premium Adjuslmenl Period. (2) Premium Adjustment (a) When the Annual Premium Adjustment Period Is ahown In the Oeclaratlons. we will apply Ihe tolal computed premium to the Deposll Premium. II II is more than Ihe Deposit Premium. you will pay us the difference. If ilia leas than the Deposil Premium, we will pey you the difference. (b) When eny other Premium Adjustment Period is shown elsewhere in the form. we will apply the computed premium to the Deposit Premium until II is used up. You will pay us all premiums that exceed the Deposll Premium. (3) Minimum Premium You will pay at least the minimum annual premium as shown on the Declarelions. (4) If this coversge la cancelled you will report the values as Indicated In 1 and 2 above as of the date of cancelletlon. We will compute the premium for less than a full edjustment period on a pro rata basis. d. Coinsurance. If as of the time 01 loss: (1) You have not submitted eny required reports. we will not pay more than 90% 01 the amount Ihat we would otherwise have paid. (2) Your last report prior 10 loss Is less than the amount you are required to report. we will pay only that proportion 01 the loss thet the reported amount bears 10 the lolal amount of ell Covered Property as of the time of the lest report. e. Reports 01 Valua In Excess at limits 01 Insurance. (1) It you hsve failed to submllthe required reports of value as 01 Ihe time of loss. we will nol pay more than the emount included in your last report of value. (2) Although the reported value wilt be used In compuling premium, we will not pay more Ihan the applicable Llmll 01 Insurance shown on Ihe Declaralions. , 13. We will not pey for loss or damage caused by or resulting from any of the following. But. II anOlher loss Ihat we Insure results. we will pay lor that resulling loss or damage. a. Acts or decisions. including the falture to act or decide. 01 any person. group. organlzalion or governmental bOdy: b. Faulty. inadequate or defective: (1) Plennlng. zoning. development: surveying. siting; (2) Design. specifications. workmanship. repair. construclions. renovation. remodeling. grading. compaclion: c. Materials used In repair. construclion. renovation or remodeling: or d. Malnlenance: 01 pert or alt 01 any property wherever localed. 14. COllapse except as provided in the Additional Coverage. Collapse as below. ~ 15. ACOITIONAL COVERAGE COLLAPSE ~ ;j. b. c. d. e. '- We will pay for direct physical loss or damage caused by one or more of the follOWing wh,ch results in collapee of all or pllt of a building or structure. a. Fire; lightning; wlndslorm; hail; explOSion; smoke, aircraft; vehicles; root; Civil commOllon, vandalism or malicious mischief: breakage ot glasa. tailing oblecls: w8Ight 01 snow. Ice or sleel; water damage; all only II Insurad against in thiS policy: Hidden decay: Hidden insect or vermin damage: Weight of people or personal property: Weight of rein which collects on e roof: Use of deleclive meterlels or methods in construclion. remodeling or renovalion if the collapse occurs during the course 01 the construclion. remodeling or renovalion. Thia Addlllonel Coverage does not increase the Iimlls 01 liability provided in this policy (torm). 18. DEFINITIONS "Lose" meana accidental loss or damage. 17. GENERAL CONDITtONS a. CIVIL AUTHORITY. b. GOVERNMENTAL ACTION. We do not cover loss or damage caused by or resulling from: Seizure or destruction ot property by order of governmental authority. But we will pay tor ecls of destruction ordered by governmental authority and ta~en at the time at a lire to prevent Its .pread II the lire would be covered under this policy (torm). c. NUCLEAR HAZARD. We do not cover 101S or damage caused by or resulllng from: (a) Any weepon employing atomic tisaion or fusion; (b) Nuclear reaction or radiation. or radioactive CQntamination trom any other cause But we will pay lor direct lose or damage cuased by resulting lire If the fire would be covered under this Policy (Form). d. WAR AND MILITARY ACTION. We do not cover 1085 or damage caused by or resulling trom: la) War. Including undeclared or Civil war; (b) Warlike action by a military force. including aclion In hindering or defending against an actual or expected etlack. 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 e. ILLEGAL TRANSPORTATION OR TRADE We do not cover: Contraband in Ihe course 01 .lIegaltransportation or trade I. CLAIMS AGAINST OTHERS You will make claim prompliy In writing against allY olher party which had custody 0' lhe covered property when tlie loss or damage occurred , . Q "";""'(i'i.J. \ .i'...I.'....J:..,1-,1,~.dL;) ~'. .," "'_,' . ~ .>'- "'.'. ..' -." ',- II I;. -. ._. .. "''.-.r''- ...,.. .. ,,*' . . ITEM NO. SCHEDULE OF EQUIPMENT DESCRIPTION (Including Manufacturer ID Numbers) Umlt of Insurance -"1' --- 1976 Wo~ch1naton A1~ Coapreaaor /!II'! ----- ,q" "!'I' (S)8211211 , 6,000. ' . . 2 1971 Internltional 100 ! Cravler Loader (S)4366 10.000, 3 1979 Maseey reraueoD Trlctor (S) 9A294877 8,000, 4 1979 Measey rergueon 40B (S)9A314766 20,000. 5 1985 Internlclonal Tractor/Mower including ~ttachments 8,000. 6 Miller Curb Builder (5)2068K 8.000. 7 1987 Case 4808 Backboe (5)17002472 30,000, 8 1983 Ca.. 1455 C~avler/Lo.der (S)~Ju;61S 30,000. 9 1989 International 1385 Tractor (5)18478 21,000. 10 4 General Electric Portable Radioe JOO Bach 1,200, 11 2 MIxon Radios ".4~ 300 Bach 600, 12 D6 CAT Dozer (Ueed) 12.000, 13 955 K Cat Loader (Ueed) 12,000, t6l'WL1 ~166.666. '" C,LMI< Fo~KLEFT . sjN ~,.x 30 I~,ooo. IS' (.Lf\,tK. fuJ(KLJn I -SIN 17i'SJ5 I:,,-,oo{) . J 1 5, 4'(lC . ~ I . DISTRIBUTION: WHITE - INSURED GREEN. AGENT CANARY. REGIONAL OFFICE PINK - LOCAL PRODUCING OFFICE GOLDENROD _ EXTRA COPY ..... lid- ... . Co'::'rRACTOR'S EQUIPM~T COVERAGE FORM This form 18 subject to the information In the Declarations and the policy conditions. schedules and endorsemenrs. Throughout this policy, the words "you. and "your" refer to the Named Insured shown In the Declarations. The words "w.,. .ue,. and "our" refer to the Company providing this insurance. Other words and phrases that appear in italics have special meaning. ReIer to Section F. DEFINITIONS. A. COVERAGE We will pay for direct physical loss to Covered Property from a Covered Cause of Loss described in this Coverage Form. 1. Covered Property, as used In the Coverage Form means contractor's equipment, Including Mobile Equipment, that you own or lease which is listed on the schedule. 2. Property Not Covered Covered Property does not include: a. Aufomobile, watercraft (Including its motors, equipment and accessories) and aircraft; b. Contraband. or property in the course of illegal transportation or trade; c. Property while In a cofferdam, or while being' usad in underground mining, tunneling or similar operation. 3. Covered Cause of La.. Covered Cause of Loss means risk of direct physi- cal loss to Covered Property except those causes of loss listed in the exclusions. 4. Addltlonsl Coverage This section descrlbes coverage that will apply in addition to the Coverages and Limits shown on the Declarations Page for Covered Property. a. Newly Acquired Equipment You will notify us within 60 days or by the expi- ration of the polley, whichever Is sooner. of the value of newly acquired contractor's equip- ment. and we will charge you an additional premium from the date you acquire it. (1) We will cover additional contractor's equip- ment you acquire after this policy has taken effect for up to 60 days after you acquire it or until the policy ends, which- ever is sooner. (2) The most we will pay for loss on each piece of newly acquired contractor's equip- ment is $250,000. b. Debris Removal We will pay your cost to remove damaged Covered Property after a Covered Loss. However. the most we will pay is 10% of the 40028 Rw 9.92 value of the damaged item as of the time of loss, not to exceed $100.000 in anyone loss, regardless 01 the number 01 Items damaged. 5. Coverege Optlone For an additional premium. you may modify the coverage provided by this Coverage Form. The optional features you purchased are listed on the Declaration page. a. Non-owned Contractor's Equipment If this coverage option is shown on the Declarations. Covered Property includes Contractor's Equipment lea:led or rented from others (with exception of your employees) for which you may be legally liable. The most wa will pay for non-owned contracto(s equip- ment is the amount shown in the Declaration for this coverage. You must maintain records of your expendi- tures for leasing or renting contractor's equip- ment from others during the policy period. The minimum earned premium lor this cover. age is $100 annually. b. Employee's Tools If this coverage option is shown on the Declarations, Covered Property includes employee's tools which are used in connection with your operation. The most we will pay for Employee'S lools in anyone loss Is the amount shown on the Declaration for this coverage. not to exceed $500 on anyone item. c. Unscheduled Equipment If this coverage option is shown on the Declarations. we define Covered Property to include unscheduled equipment of the named insured. The most we will pay in anyone loss is the amount shown on the Declaration for this cov- erage not to exceed $1.000 on anyone item. B. EXCLUSIONS 1. We will not pay for a loss caused directly or indi- rectly by any of the following. Such loss is excluded regardless of any other cause or event .1. that contributes concurrentiy---in any sequence \(lthe leas. a. Nuclear Hazard Loss ca'JSed dlrectly. indirectly. contributed to. or aggravated by any of the follOWing: (1) Any nuclear weapon; (2) Nuclear reaction or nuclear radiation, or radioactive contamination from any other cause. But we will pay lor dllect loss caused by resulting fire ilthat flre would otherwise be covered under thiS Coverage Form. b. War and Military Action Leas caused by or resulting from any of the following: (1) War. including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected anack by any govern- ment, sovereign or other authority using military personnel or other agents; or (3) Insurrection. rebellion, revolution, usurped power or any action taken by government authority in hindering or defending against any of these. 2. We will not pay for If loss caused by or resulting from any of the following: a. Delay. loss of use. loss of contract, loss of market or any other consequential leas; b. Dishonest acts by any of the following: (1) You, your employees or authorized representatives; (2) Anyone else with an interest in the prop- erty. or their employees or authorized representatives: or (3) Anyone else to whom the property is entrusted. This exclusion does not apply to Covered Property while it Is entrusted to others who are carriers for hire. This exclusion applies whether or not such persons are acting alone or in collusion with other persons. c. Voluntary parting with any property by you or anyone entrusted with the property if induced to do so by any fraudulent scheme. trick. device, or lalse pretense. d. Unauthorized instruction to transfer property to any persons or to any place. e. Intentional acts committed by you. your employees or authOfized representatives, or at your direction or the direction 01 your employ. ees or authorized representatives. with the intent to cause loss. 40028 RI'lI 9 92 . f. Myste~s disappearance of property or unexplained shortage or loss of property which is disclosed upon laking Inventory. g. Mechanical breakdown unless resulting from a Covered Cause of Loss. h. The weight of a load or lilt exceeding the man- ufacturer's rated lilting capacity of the equip- ment under operating conditions at the time of loss, unless this coverage is specifh:ally endorsed 10 the policy. i. Collapse or colliSion of a boom or a jib unless directly caused by fire. lightning, explosion. cyclone. tornado. windstorm, flood, earth- quake, riot. riot allendlng a strike, civil commo- tion or collapse of building, unless th!s coverage is specifically endorsed to the policy. j. Failure to protect Covered Property. You must take all reasonable steps to protect your prop- erly when it is threatened with loss. Alter a loss. you must also take 1111 reasonable steps to protect your property from further loss. If you lailto do so. we will not cover any part of the loss that results from your neglect. 3. We will not pay for a loss caused by or result- ing from any of the following. But if loss by a Covered Cause of Loss results, we will pay for the resulting loss: a. Weather conditions which contribute in any way wllh a cause or event excluded in para- graph B. 1. above to produce the loss; b. Acts or decisions, including the failure to act or decide. of any person, group or organization representing a governmental or regulatory or controlling body: c. Electrical currents: d. Wear and tear. marring. scratching: e. Any quality in the property itself that causes it to damage or destroy itself, gradual deterioration; f. Insect, vermin or rodents; g. Corrosion, rust, dampness. changes in or extremes of temperature; h. Settling. cracking. shrinking. or expansion; or i. The release, discharge, seepage. migration, escape or disporsal of pollutants. C. LIMITS OF INSURANCE The most we will pay lor anyone Joss is the appli- cable Umit 01 Insurance shown in the Declarations or Schedules. D. DEDUCTIBLE We will not pay for loss in anyone occurrence until the amount of loss exceeds the Deductible shown In the DeclaratIons. We will then pay the amount of loss which exceeds the Deductible, up to the applicable Umit of Insurance. .2. . . E. ADDITIONAL CONDITIONS ~ Tile lollowing conditions apply in addition to the Commercial Inland Marine Conditions and the Common Polley Conditions: 1. Coverage Territory We will cover properly wherever located within the United States of America, Puerto Rico and Canada. This includes property in transit except while that properly is waterborne. 2. Colnauranca The company will not be liable for a greater por- tion of any loss to properly covered by this cover- age part than the amount shown in the schedule bears 10 80% of the actual cash value of that prop- arly at the time 01 loss. This condition applies separately to each lIem. 3. Waiver of Depreciation If there is a partial Covered Loss that does not exceed 20% of the Actual Cash Value of the dam- aged Items described in the schedule, we will not make a deduction lor depreciation. 4. Impairment of Recovery Rights If any act or agreement of yours after loss impairs your right to recover Itom others. we will not cover Ihe loss, nor will we cover any loss which you sellle or compromise without our wrillen consent. F. DEFINITIONS 1. Automobile means a land motor vehicle. trailer or semitrailer that is designed for travel on public roads but does not Include mobile equlpmenf. 2. Consequenfla/loss means a loss which arises out of direct damage to properly. This Includes, but is not limited to, loss of business Income and loss of rents. 3. Covered Loss means loss caused by Covered Cause of Loss. 4. Elecfrical CUffenf means artificially.generated elec- trical current. 5. Employees are people who work for you in the conduct of your ordinary activities in return for a salary. wages or commissions. In order to be con- sidered an employee, a person must be subject to your exclusive direction in the performance of his or her activities. Brokers, factors. commission merchants, consignees. contractors and agents are not considered to be employees. 6. Loss means accidental loss and accidental damage. 7. 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 oil public roads; b. Vehicles maintained for use solely on or next to premises you own or rent: 40028 RIIY_ 992 - 3- -- c. Vehiclev .,lat travel on crawler treads; d. Vehicles, whether self-propelled or not, main- tained primarily to provide mobility to perma- nently-mounted: (1) Power cranes, shovels, loaders, diggers or drills: or (2) Road construction or resurfacing equip- ment such as graders, scrapers or rollers. e. Vehicles not described in paragraphs a., b., c., or d., above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors. pumps and generators. This includes but is not limited to spraying, welding. building cleaning. geophysical exploration, lighting and weli-servicing equipment; or (2) Cherry pickers and similar devices usad to raise or lower workers. f. Vehicles not described in paragraphs a., b.. c., or d., above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not Mobile Equipment but will be considered Automobiles. (1) Equipment designed primarily for: (a) Snow removal: (b) Road maintenance, but not construc- tion or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; or (3) Air compressors, pumps and generators. This Includes but is not limited to spraying. welding. building cleaning, geophysical exploratl,on, lighting or well-servicing equipment. 8. Pollufants means any solid. liquid, gaseous or thermal Irritant or contaminant. This Includes. but is not limited to. smoke, vapor, soot. fumes. acids, alkalis. chemical and waste. Waste Includes, but is not limited to, materials to be recycled. recondi- tioned. or reclaimed. . ~ ""'" ~ CI loa (10.91) CMOOOl1091 COMMERCIAL INLAND MARINE CONDITIONS The foilowing conditions apply In addition to the Common Policy Conditions and applicable Additional Conditions in Commercial Inland Manne Coverage Forms: LOSS CONDITIONS A. ABANDONMENT There can be no abandonment of any property to us. B. APPRAISAL If we and you disagree on the value of the property or the amount of "loss", either may make written de. mand lor an appraisal of the "loss". In this event, each party Will select a competent and impartial ap- praiser, The two appraisers wiil select an umpIre. If they cannot agree, either may request that selection be made by a judge of a court having jurisdiction. The appraisers wiil state separately the value of the property and amount of "loss". If they lail to agree, they wiil submit their difference to the umpire. A de. cision agreed to by any two will be binding. Each party wili: 1. Pay its chosen appraiser; and 2. Bear the other expenses of the appraisal and um. pire eL1ually. If there IS an appraisal, we will still retain our right to deny the claim. C. DUTIES IN THE EVENT OF LOSS You must see that the following are done in the event of "loss" to Covered Property: 1. Notify the police if a law may have been broken. 2. Give us prompt notice of the "loss". Include a description cf the property involved. 3. As soon as possible, give us a description of how. when and where the "loss" occurred. 4. Take all reasonable steps to protect the Covered Property from further damage. If feasible, set the damaged property aside and in the best possi. ble order for examination. Also keep a record of your expenses. for consideration in tile settle. ment of Itle cla"n. 5. Make no .,tcHement that wiil assume any obliga. tion or ad,,"! any Ilablilty. for dny "Ios,," for wh;ch we may hF: liable, without our CUWlt,I/lL 6. Permit us to inspect the property and n:cord'l proVlllg "loss". 7. If rf-'que<c:;ted, permit U'i to q'.Je'iliun jOU under Odtll, dt such tmlCs as may 0(' rej';oflJbly reo qtHr~!d, about an,! maller rdJllng t':-J ttll'l insur. ance or 'jour CI..1Hfl, lrlcludmg your books and rl]cortJ<j, In 'lllch event, jour drlSWers rnu')t be ~"~''''''..... ~~ "'.,-......... Signed. 8. Send us a signed. sworn statement 01 "ioss" con. taining the information we request to sellle the claim. You must do this within 60 days after our request. We wiil suppiy you with Itle necessary lorms. 9. Promptly send us any legal papers or notices received concerning the "loss". 10. Cooperate with us in lhe investigation or settle- ment of the claim. D. INSURANCE UNDER TWO OR MORE COVERAGES If two or more of this policy's coverages apply to the same "loss", we will not pay more than the actual am0unt of the "loss". E. LOSS PAYMENT We will payor make Rood any "loss" covered under this Coverage Part within 30 days "fter: 1. We reach agreement with you; 2. The entry of final judgment; or 3. The filing of an appraisal award. We will not be liable for any part of a "loss" that has been paid or made good by others. F. OTHER INSURANCE If you have other Insurance covering the same "loss" as the insurance under this Coverage Part, we will pay only the excess over what you should have received from the other insurance. We will pay the excess whether you can collect on the other insur. ance or not. G. PAIR, SETS OR PARTS 1. Pair or Set. In case of "1055"10 any part of a pair or set we may: a. Repair or replace any part to reslore the pair or set to its value before the "loss"; or b. Pay the dilterence helween the value of the pair or set before and after the "loss". 2. Parts. In case of "loss" to any part of Covered Properly consisting of severai parts when corn. plete, Vie wiil only pay for the value of lhe lost or damaged part. H. PRIVILEGE TO ADJUST WITH OWNER in tile event of "loss" involving property of others in your care. custody or control. we have the right to: CL;~;,r'i5--!. :rl':l,r,jnr:~ 5;:"n'O:<; Olb:~, inc, l"Yf'J (o'/er) I. Settle the "loss" with the own~f the proper. ly. A receipt for payment from the owners of that properly will satisfy any claim of yours. 2. Provide a defense for legal proceedings brought against you. If provided, the expense of this de. fense will be at our cost and will not reduce the applicable Limit of Insurance under this In. surance. I. RECOVERIES Any recovery or salvage on a "loss" will accrue en. tlrely to our benefit until the sum paid by us has been made up. J. REINSTATEMENT OF LIMIT AFTER LOSS The Limit of Insurance will not be reduced by the pay. ment of any claim. except for total "loss" of a sched. uled Item. in which event we will refund the unearned premium on that item. K. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If any person or organization to or for whom we make payment under this insurance has rights to recCY;er damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "loss" to impair them. GENERAL CONDITIONS A. CONCEALMENT, MISREPRESENTATION OR FRAUD This Coverage Part is veid in any case of fraud, in. tentlonal concealment or misrepresentation of a material fact, by yot.flll'.ny other insured, at any time, concerning: I. ThiS Coverage Part: 2. The Covered Property; 3. Your interest In the Covered Property; or 4. A claim under thiS Coverage Part B. LEGAL ACTION AGAINST US No one may bring a legal aclion against us under thiS Coverage Part unless: 1. There has been full compliance wHh all the terms of thiS Coverage Part; and 2. The action is brought within 2 years alter you first have knowledge of the "ioss". C. NO BENEFIT TO BAILEE No person or organization, other than you, haVing custody of Covered Property, will benefit from thiS Insurance. D. POLICY PERIOD We cover "loss" commt'ncing during the policy pen. ad shown in the Declarations. E. VALUATION The vaiue of properly will be the ieast of the follow. ing amounts: I. The actual cash vaiue of that property; 2. The cost of reasonably restoring that property to its condition immediately before "loss"; or 3. The cost of replacing that properly with substan. tlally identical property. in the event of "ioss", the value of property will be determined as of the time of "loss". , . :i " ... t B ".. ", .' r , '1 .. f;l , ) i i . . \ .'if ;', L<;j r_~;: ,"- :". , 1,- < " if. I .: f'~ .' t' ! .. i , \- I @ ." r "., j I I j f i l to. j , ~ , " , :.- I , ~ r , I . I , .. ~ i: ~ . f " t ~ ~.j '::rn . i J I . f I; , . H . i;: , I'" " J I WORKERS' COMPENSA TION Bnd EMPLOYERS' LIABILITY INSURANCE POLICY lor - - - U - - - - - II - - II . - - - .. A.C. KUHN & SON, INC, ETAL P.o. BOX 121 CARLISLE PA 11013 through 00388264 BYERLY INSURANCE AGENTS & BROKERS INC POB 525 - 525 N, 12TH STREET LEllOYNE PA 11043 (717)161-4010 0005 and . 8 Maryland Casualty Company l1le~d tn",..nuc.v..p . p .. I j J .t'7R:1 M_yland C.....,ly Company . A Stock Componv . P.O. Box 1228 , a"llmo,.. M_V'and 21203 - .- - - - - - - - - - - - - - - - - - - - - - - - - - - - . 8 . .. .. I i .. .. . . .. .. we 00 00 00 A lEd. .-92> .... ... WORKERS COMPENSATION ANO EMPLOYERS LIABILITY INSURANCE POLICY Blglnnlng on Plgl Informlllon Pagl_ _ _ _ _ _ _ _ _ _ _ _ __ __ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ __ _ _ _ __ _ I Glnl,al Slctlon _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1 A. The Policy _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1 B. Who Is Insured _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1 C. Wor1cers CompenSllion L.w _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I D. St.te - - - - - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ " _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1 L Loc.lions_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I PART ONE - WORKERS COMPENSATION INSURANCE. _ _ _ __ _ __ _ _ _ __ _ _ _ __ __ __ __ _ _ 1 A. How This Insurance Applies _ _ _ _ _ _ _ _ _ _ _ _ _ _ .. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I B. We Will P.y__________________________________________________ 1 C. We Will Defend _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1 D. We Will Also P,y _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1 E. Other Insurance - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. 1 P. Paymanls You Musl Make _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. 2 G. Recovar From Dthars______________________________________________ 2 H. Statutory Provisions _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2 PART TWO - EMPLOYERS LIABILITY INSURANCE. _ __ _ __ __ _ __ _ __ __ _ __ __ _ _ __ _ __ 2 ' A. How This Insuranca Applies _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2 B. We Will Pay___________________________"______________________ 2 C. Exclusions _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 3 D. We Will Defend________________________________________________ 3 E. We Will Also Pay _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . F. Dlhar Insurlnce _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . G. Limits of Liability _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . H. Recovery From Othars_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . I. Aclions Aglinst Us _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . PART THREE - OTHER STATES INSURANCE __ _ _ _ __ _ _ _ _ _ __ _ _ __ _ _ _ __ __ _ __ __ __ _ . A. How This Insurance Applies _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . B. NoliCe _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. 5 QUICK REFERENCE PART FOUR - YOUR DUTIES IF INJURY OCCURS- __ __ __ _ _ _ _ __ _ _ _ _ __ __ _ _ _ __ _ _ _ _ 5 PART FIVE - PREMIUM _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 5 A. Our Manuals _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 5 B. Classifications _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 5 C. Ramunaration _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 5 D. Pramium Paymanls _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. 5 E. Final Premium - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 5 P. Retards - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 6 Go Audit - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 8 PART SIX - CONDITIONS _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 6 A. Inspection _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. 6 B. Long Term Policy _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 6 C. Trans'ar of Your Rights and Dulies _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. 6 D. Cantelalion - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 6 E. Sole Raprasentativa - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 6 IMPORTANT: This Ouick Ra'erance is nol part of tha Workars Compansalion and Employers Liability Policy and dolS nOI provide cava raga. Rafer to the Workars Compensalion and Employers Liability Policy itself 'or actual contractual provisions. PLEASE READ THE WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY CAREFULLY. we 00 00 00 A lEd. 4-92) Copyright 1991 Nluonll Council on Campenullon Insurance .. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY "" N , DR MAT ION P A ~ . 8 ~ . IfIANC1t NO. BRANCH NMtE J NCCI COMPANY NUMBER 19 HARRISBURG CO. 110545 POLICY ISSUED BY PROOUCER'S COOE POLICY NUMBER MARYLAND CASUALTY COMPANY 00399264 TC4 70363743 I 111m 1 I THE INSUREO ANO AOORESS PROOUCER'S NAME ANO AOORESS BYERLY INSURANCE AGENTS & BROKERS INC A.C. KUHN & SON, INC. ETAL POB 525 - 525 N. 12TH STREET P.O. BOX 121 LEMOYNE PA 17043 CARLISLE PA 17013 (717)761-4010 INSUREO IS 1 PREVIOUS POLILY NUMBER CORP & ..1.I!.lll.vr: liar NEW Risk 1.0. No.: F.E.l.N.: 231668473 OTHER WORKPLACES NOT SHOWN ABOVE: SEE EXTENSION OF INFORMATION PAGE < Illem 2 , POLICY PERIOO : From 061.0 ILl! 3 To 06/01/94 12:01 AM STANOARO TIME AT THE INSUREO'S MAILING AOORESS ! l.ll!l!LU A. WORKERS COMPENSATION INSURANCE: PART ONE OF THE POLICY APPLIES TO THE WORKERS COMPENSATION LAW OF THE STATES LlSTEO HERE : PA B. EMPLOVERS LIABILITY INSURANCE: PART TWO OF THE POLlCV APPLIES TO WORK IN EACH STATE LlSTEO IN ITEM 3A THE LIMITS OF OUR LlABILIT't UNOER PART TWO ARE: BOOIL V INJURV BV ACCIOENT S 100,000 EACH ACCIOENT , , ~ BOOIL V INJURV BV OISEASE S 500,000 POLICV LIMIT BOOIL V INJURV BV OISEASE S 100,000 EACH EMPLOYEE C. OTHER STATES INSURANCE: PART THREE OF THE POLlCV APPLIES TO THE STATES. IF ANV, LlSTEO HERE: ALL STATES EXCEPT NV NO OK WA WV WY RI NM MA LA GA THE PREMIUM FOR THIS POLICV WILL BE OETERMINEO BV OUR MANUALS OF RULES. CLASSIFICATIONS. RATES AND RATING PLANS. AU INFORMATION REQUIRED BELOW IS SUBJECT TD VERIFICATION AND CHANGE BV AUDIT. litem 41 ESTIMATED PREMIUM CLASSIFICATION OF OPERATIONS E1 ANNUAL o 3 VEAR SEE ATTACHED SCHEDULES OF OPERATIONS MINIMUM PREMIUM S 1,850 PENNSYLVANIA TDT AL ESTIMATED PREMIUM S 33,135 . IF INOICATED BELOW. INTERIM ADJUSTMENTS DF PREMIUM SHALL BE MADE: ..D.. SEMI-ANNUALLV 0 0 DEPOSIT PREMIUM S QUARTERLV MONTHL V ENDORSEMENTS AND MISCELLANEOUS INFORMA TIDN ACCOUNT NO. 000247974900100000 WCOOOOOOA T/E1111 11 1 WC370402 CN2165 WC370601 WC370602 WC370603 WCOO0406 ISSUE DATE 06/23/93 WC 00 00 0 I A EO. 1-90 39 4 INSURED'S COpy COUNTERSIGNED BV - - . - - - . - - ;; - . . . - . - . . - . - . . - . . .. . ~ c a j . i ~ ~ ~ . . COPYRIGHT 1987 NATIONAL COUNCIL DN COMPENSATION INSURANCE AUTHORIZED REPRESENTATIVE , WORKERS COMPENSATION AND EMPLDYERS L BILlTY POLICY END 0 R. . MEN T AnA ,... TO AND FOllMING PAIlT OF THE POLICY NO. TC4 70363743 .' . . POliCY EXPIRATION OATE 06/01/94 BRANCH NO. I 18 ENDORSEMENT EFFECTIVE DATE 06/01/93 PROOUCER'S CODe 00388264 BRANCH NAME HARRIS8UR13 ISSUED BY MARYLAND CASUALTY COMPANY POLICY EFFECTIVE DATE 06/01/93 A SIOCK COMPANY INSURED'S NAME AND ADDRESS PRODUCER'S NAME AND ADDRESS BYERLY INSURANCE AGENTS & 8ROKERS INC P08 525 - 525 N. 12TH STREET LEMOYNE PA 17043 (717) 761-4010 A.C, KUHN & SON, INC. ETAL P.O. BOX 121 CARLISLE PA 17013 NOTHING HEREIN CONTAINED SHALL BE HelD TO VARY. ALTER. WAIVE OR EXTEND ANY OF THE TERMS. LIMITS OR CD~JOITIONS OF THE POLICY, EXCEPT AS HEREIN SEl FORTtl ... SUPPLEMENTAL INFORMATION PAGE ... - iiIiii INSTALLMENTS - - - 06/01/93 $8,287.00 - - 07/01/93 - $3,106.00 - - - 08/01/93 $3,106.00 - - - 09/01/93 $3,106.00 - 10/01/93 - $3,106.00 - - 11/01/93 $3,106.00 - - 12/01/93 $3,106.00 - - 01/01/94 $3,106.00 - - 02/01/94 $3,106.00 - - - - . . 8 . ~ c 3 I . i ~ ~ ~ . . ~.S)!.EJlt!! ,. 06/23/93 INSURED'S COPY COUNTERSIGNED BY WORKERS COMPENSATION AND EMPLOYERS JLlTY POLICY '. . END 0 R . . MEN T ATTACh.. TO ANO FORMING PART OF THE POLICY NO. TC4 70363743 PRODUCER'S tOOE 00388264 ENDORSEMENT EFFECTIVE DATE 06/01/93 BRANCH NO. I 18 BRANCH NAME HARRISBURG ISSUED BY HARYLAND CASUALTY COMPANY A STOCK COMPANY POLICY EFFECTIVE DATE 06/01/93 POLICY EXPIRATION DATI 06/01/94 INSURED'S NAME AND ADDRESS PROOUCER'S NAME AND AOORESS BYERLY INSURANCE AGENTS & BROKERS INe A.C. KUHN & SON, INC. ETAL POB 525 - 525 N. 12TH STREET P.O. BOX 121 LEMOYNE PA 17043 CARLISLE PA 17013 (717) 761-4010 NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY, ALTER. WAive OR EXTEND ANY OF THE TERMS, LIMITS OR CONDITIONS OF THE POLICY, EXCEPT AS HEREIN SET FORTH. ... EXTENSION OF INFORMATION PAGE ... THE NAKES/LOCATIONS OF THE INSURED ARE AS FOLLOWSI INS NO 01 SUB NO 01 A.C. KUHN & SON, INC. ETAL LEGAL ENTITY CORP & INDIVIDUAL FEDERAL ID 231668473 INS NO 01 LOC NO 00 P.O. BOX 121 CARLISLE PA 17013 INS NO 01 LOC NO 02 700 S. ALLEN ROAD CARLISLE, CUMBERLAND PA 17013 INS NO 01 LOC NO 03 R. 700 S ALLEN ROAD CARLISLE, CUMBERLAND PA 17013 .. /J,S)J.E~O~!: .... 06/23/93 INSURED'S COPY COUNTERSIGNED BY - .. - - - - - - - . - - . - . - - - - . - - . . " . 8 . . c 1 i . . . . . . .' WORKERS COMPINSA TlON AND EMPLOYERS LI ILlTY POLICY R . M I N T ATTAC . '0 AND FORMING PART OF THE POLICY NO. TC4 70363743 IND PRODUCER'S COOl 00388264 ENDORSEMENT EFFECTIVE DATE 06/01/93 I BR~Nn 1 BRANCH NAME HARRISBURG ISSUED BY KARYLAND CASUALTY COKPANY POLICY EFFECTIVE DATE 06/01/93 POLICY EXPIRATION DATE 06/01/94 INSUREa S NAME AND ADDRESS A STOCK COMPANY A.C. KUHN & SON, INC. ETAL P.O. BOX 121 CARLISLE PA 17013 PRODUCER'S NAME AND AODRESS BYERLY INSURANCE AGENTS & BROKERS INC POB 525 - 525 N. 12TH STREET LEIIOYNE PA 17043 (717) 761-4010 NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY. ALTER, WAIVE OR EXTEND ANY OF THE TERMS. LIMITS DR CONDITIONS OF THE POliCY. EXCEPT AS HEREIN SET FORTH. ENDORSEIIENT NO - T/Elllllll IT IS HEREBY AGREED THE NAilED INSURED SHALL READl A.C. KUHN & SON, INC. ENOLA CONSTRUCTION CO., INC. KENDOR ENTERPRISES, INC. ALBERT C. KUHN AND EDITH B. KUHN ~~,SME.D.t!!'M 06/23/93 INSURED'S COpy CDUNTERSIGNEO BY - iiii - - - - - - - - - - - . - - - - . - - - - - - - - - . . i 8 j ft I . I i ! 5 I R . i ~ ~ ~ . .. WORK S COMPENSATION AND EMPLOYERS L 'L1TY POLICY END 0 R . MEN T ATTACHf:u TO AlIIll FORMING PAJlT OF THE POliCY NO. TC4 70363743 PRODUCER'S CODE 00388264 BRA~~ NO. I ENDORSEMENT EFFECTIVE DATE 06/01/93 BRANCH NAME HARRISBURG ISSUED BY MARYLAND CASUALTY COMPANY PDLICY EfFECTIVE DATE 06/01/93 POLICY EXPIRATION DATI 06/01/94 INSUREO'S NAME AND ADDRESS A STOCK COMPANY PRODUCER'S NAME AND ADDRESS BYERLY INSURANCE AGENTS & BROKERS IHC POB 525 - 525 N. 12TH STREET LEMOYNE PA 17043 (717)761-4010 A.C. KUHN & SON, INC. ETAL P.O. BOX 121 CARLISLE PA 17013 NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY. ALTER. WAIVE OR EXTEND ANY OF THE TERMS. LIMITS OR CONDITIONS OF THE POLICY. EXCEPT AS HEREIN SET FORTH. \ NO PREMIUM ADJUSTMENT NECESSARY . IT IS AGReED THAT THE POLICY IS AMENDED AS FOLLOWS. SEE SCHEDULE ATTACHED i ~~.S':/,E.D.t!! '.M 02/16/94 INSURED'S COPY COUNTERSIGNED BY - - - - - - - - - - - . - - . - . - - - - . - - - - . . 8 .. .. i ! .. i - - - . . WORKIRS I:OMPINSAnON AND IMPLOYERS L SCHEOULI O' OrlRATIONS r.:-=- - 811ANCH NO. 18 I BRANCH NAME HARRISBURG SCHEDUlE NlJMBER 01-37-00-002 I PROOUCEIf S CODE 00388264 I5.UD BY MARYLAND CASUALTY COMPANY POliCY EFFECTIVE DATE 06/01/93 POLICY EXPIRArION DATE 06/01/94 LOCATION OF OPERATIONS PRODUCER BYERLY INSURANCE AGENTS , BROKERS INC INSUREO'S NAME AND STATE LOCATION A.C. KUHN' SON, INC. ETAL PENNSYLVANIA ClusHlulion .f OPlntion, En"l.. in tillS sch,dul. ...,.pl al splciflclBy proyid.d in 1hlS polley do nOI modify en .f thl other ptO'lISIOns of thl' DolicV. BUILDINGS-OPERATION BY OWNER LESSEK OR MANAGEMENT AGENCIES INCLUDING CARE CUSTODY AND MAINTENANCE OF PREMISES 0971 C.dl No. htilTlltld TOlal aD R.mun"eOR IF AN'! ~~L 9~~~ ". 02/16/94 INSURED'S COpy COUNTERSIGNED BY ....,_n......u....."... - - - - - - - - - . - - - - . - - - - . - - - - I!I!I . 8 . ~ . I j ~ ~ . . . " we 37 01 01 (Ed. 4-84) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY SPECIAL PENNSYLVANIA ENDORSEMENT - INSPECTION 0' MANUALS The manuala of rules. rating plens. and cllSsifications are approved pursuant to the provisions of Section 654 of the Insur.nce Comp.nv Llw of MaV t7. 1921, PL 682. IS .mended, and are on file with the Insurance Commission.. or the CommonWlalth or Pennsvlvanil. This endorsement changes the policV to which it is attached. and is effective on the date issued unless other- wise stated. (The Infarmlllan below Is required onlv when thIs endorsement Is Issued subsequent to prepar- IUan of the policy.) Insurante Co. MARYLAND CASUALTY COMPANY Endorsement effective 06/01/93 Insured we 37 06 01 (Ed. 4-84) PolicV No. Countersigned By: TC4 70363743 Capv~iJhl au NlllOnM Council an CompenSitlon Insurll"lC' - iiiI - - - - - - - - - - - . - - - - . - - - - . - - - - . . 8 . - c I i - - - . . .. . '. " WC 37 06 02 lEd. 4- 84) ,.. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY PENNSYLVANIA NOTICE An Insurance Company. ils agents. employees. or service contractors a:ting on its behalf. may provide services to reduce the likelihood of injury, death or loss. These services may include any of the following or related .ervices incident to the application for. issuance, renewal or continuation of, e policy of insurance: l. surveys; 2. consultation or advice; or 3. inspections. The "Insurance Consultation Services F.xemption Act" of Pennsylvania provides that the Insurance Company. ils agents, empleYlls or service contractors acting on its behall, is not liable for damages from injury. death or loss occurring as a result of any act or omission by any person in the fumishing of or the failure to furnish these services. The Act does not apply: 1. if the injury, death or loss occurred during the actual performance of the services and was caused by the negligence of the Insurance Company, its agents, employees or service contractors; 2. to consultetion services required to be performed under a written service contract not related to a policy of insurance; or 3. if eny acts or omissions of the Insurance Company. its agents. employees or service contractors are Judicially determined to constitute a crime. actual malice, or gross negligence. This endorsement changes the policy to which il is attached. and is effective on the date issued unless other- wise stated, !The Information below Is required only when this endorsement Is Issued subsequent to prepar- ation of the policy.! Insurance Co. MARYLAND CASUALTY COMPANY Endorsement effective 06/01/93 Insured we 37 06 02 lEd. 4-84) Poticy No. Countersigned By: TC4 70363743 CopvriQht 1984 Nltlonal CounCil on Compensa11on InsufI"" - iiiii - - - - - - - - - - - . - - - - . - - - - . - - - - . . 8 ow . . I i . . . . .. . . WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 37 08 03 <Ed. 12-87) PENNSYLVANIA ACT 86-1986 ENDORSEMENT NDNRENEWAl, NOTICE OF INCREASE OF PREMIUM. and RETURN OF UNEARNED PREMIUM This endorsement applies onlv to the insurance provided bV the policV because Pennsvlvania is shown in Item 3A of the Informalion Page. The policV conditions are amended bV adding the following regarding nonrenewal. notice of increase in premium. and retum of uneamed premium. Nonrenewal I. We may elect not to renew the policV. We will mail each named insured. bV first class meil. not less than 80 days advance notice slating when the nonrenewal will take eftect. Mailing that notice to vou at your mailing address last known to us will be sufficient to prove notice. 2. Our notice of nonrenewal will slate our specific reasons for not renewing. 3. If we have indicated our willingness to renew. we will not send you a notice of nonrenewal. However the policV will still terminate on i1s expiration date if: a. you notifv us or the agent or broker who procured this policV that vou do not want the policV renewed; or b. vou fail te pay all premiums when due; or c. vou obtain other insurance as a replacement of the policV. Notlca of Increase In Premium 1. We will provide vou with not less than 60 days notice of intent to increase the premium on the renewal of this policV. if it is our intent to ofter such renewal. 2. We will provide vou with not less than 30 days aotice of an estimate of the renewal premium. if it is our intent to ofter such renewal. 3. The above notification requirements will be satisfied if we have issued a renewal poticV before the time periOdS indicated in items 1. end 2. above. 4. If a policV has been written or is to be written on a retrospective rating plan basis. the notice of increase in premium provislens of this endorsement do not applv. Return of Unearned Premium I. If this pollcV is canceled and there is unearned premium due you: a. If the Company cancels. the unearned premium will be returned to vou within 10 business days after the eftective date of cancelation. b. If vou cancel. the uneamed premium will be retumed within 30 days after the eftective date of cancelation. 2. Because this pollcV was written on the basis of an estimated premium and 15 subject to a premium audit. the uneamed prEmium specified in la. and lb. above. if any. shall be retumed on an estimatad basis. Upon our completion of computation of the eXlct premium. an additional retum premium or charge will be made to vou within 15 days of the final computation. 3. These return or uneamed premium provisions shall not applv if this policV is written on a retrospective rating plan basis. This endorsement changes the policV to which it is attached. and is effective on the date issued unless other- wise stated. (The Information below Is required only when this endorsement Is Issued subsequent to prepar- ation of the policy.) Insurance Co. MARYLAND CASUALTY COMPANY Endorsement effective 06/01/93 Insured WC 37 06 03 (Ed. 12-87) PolicV No. Countersigned BV: TC4 70363743 CoPvrighl 1987 N.tlon.' Council on CompenSltion Insurance .. - NOTICE TO EMPLOYEES OF WORKERS COMPENSATION INSURANCE FOR INDUSTRIAL INJURIES - - - iii - - - - II - ;; - - - - II - - - . == - - II The und8l.igned. In emplover subject to the provision. of Article III of the Wor1lmenl Compensation Act ef Pennsvlvania. h8lebV gives notice to his emplovees and to III other persons interested. that he has secured the pavment of the compenSllion pavable under thet Article to his employees and their dependents. bV insuring with the MARYLAND CASUALTY COMPANY IComplflY NIlll.1 MARYLAND CASUALTY COMPANY 5070 RITTER ROAD HECHANICSBURG PA 17055 IAddre..) (Employer) Expiration Date ot PolicV 06/01/94 By . 8 . .. .. I .. CN 2165 .. I Rev. 6-88 .. .. . . ALL INJURIES. NO MAnER HOW MINOR, SHOULD BE REPORTED IMMEOIA TEL Y TD YOUR FOREMAN . . we 00 04 08 lEd. 8-841 'WORKiRS COASATION AND EMPLOYIRS L1ABILlTY~URANCI POLICY PREMIUM DISCOUNT ENDORSEMENT The premium lor this policy and the policies. if any. listed in Item 3 of the Schellule may be eligible for e discount. Thi. endorsement shews your estimltld discount in item 1 or 2 of the Schedule. The final calculallon 01 premium discount will be determined by our mlnuals and your premium besi. IS determined by audit. Premium subject Ie retrospective rlting i. not subject to premium discount. Schedule E.llmlted Ellglbll Prlmlum First Next Ned Next 1. Slltl $1.000 $4.000 $95.000 $400,000 Balance fA 00.0 00.0 10.9 12.6 14,4 - - - - - - - - - - - . - - - - . - - - - . - - - - . . 8 . - . I . i - - - . . 2. Average percentage discount: "SEE SCHEDULE OF OPERATIONS" we 00 04 06 lEd. 8-84) tOPYflghl 1911 Noll...' CounCil on C.mp,"'"i.n In'urlOc, Policy No. TC4 70363743 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . 8 . p c ~ ~ . i p p p . .. . we 00 00 00 A (Ed. 4-92l WORKERS COMPENSATION ANO EMPLOYERS LIABILITY INSURANCI POLICY In retum for the payment of the premium and subject to all terms of this policy. we agrlt wilh you as follows: GENERAL SECTION A. The Policy This policy Includes at Its e"ectlve date the Information Page and all endorsements and schedules listed there. It is a contract of in- surance between you Uhe employer named in Item I 01 the Information Pagel and us Ithe insurer named on the Information Pagel. The only agreements relating to this insurance are stated in this policy. The terms of this policy may not be changed or waived except by en- dorsement Issued by us to be part of this policy. B. Who Is Insured You are insured if you are an employer named in Item 1 01 the Information Page. If that em- ployer Is a partnership. and if you are one of i1s partners. you are insured. but only in your capacity as an employer of the partnership's employees. C. Workers Compensation Law Worlcers Compensation law means the wor1cers or wor1cmen's compensation law and occupational disease law of each state or territory named in item 3A. of the Information Page. It Includes any amendments te that law which are in effect during the policy period. It does not include any federal wor1cers or worlcmen's compensation law. any federal occupational disease law or the provisions of any law that provide nonoccupa- tional disability benefits. O. State State means any state of the United States of America. and the District of Columbia. E. LotaUons This policy cover~ all 01 your wor1cplaces listed E. in Items 1 or 4 of the Information Page: and it ccvers all other wor1cplaces in item 3A states unless you have other insurance or are selt- insured for such worlcplaces. WC 00 00 00 A lEd. 4-92) . Copyrighl 1991 NatIonal Council on COmpen5lhOn Insurance PART ONI WORKERS COMPENSATION INSURAIIlCI A. How This Insurance Applies This wor1cers compensation insurance applies to bodily injury by accident or bodily Injury by diseasa. Bodily injury includas resulting death. 1. Bodily injury by accident must occur during the policy period. 2. Bodily injury by disease must be caused or aggravated by the cenditions 01 your em- ployment. The employlt's last day of last e.poJUre to the conditions causing or ag- gravating such bodily Injury by dislese must occur during the policy periOd. B. We Will Pay We will pay promptly when due the benefits required of you by the wor1cers compensation law. C. We Will Defend We have the right and duty to defend at our expense any claim. procltding or suit against you lor benefits payable by this insurance. We have the right to investigate and settle these claims. proceedings or suits. We have no duty to defend a claim. procltding or suit that is not covered by this insurance. D. We Will Also Pay We will also pay these costs. in addition to other amounts payable under this insurance. as part 01 any claim. proceeding or suit we defend: 1. reasonable expenses incurred at our request. but not loss of eamings; 2. premiums for bonds to release attachments and lor appeal bonds in bond amounts up to the amount payable under this insurance; 3. litigation costs taxed against YOU; 4. interest on judgment as required by law until we offer the amount due under this insurance; and 5. expenses we incur. Other Insurance We will not pay more than our share of bene- lits and costs covered by this insurance and other insurance or sell-insurance. Subject to any limits 01 liability that may apply, all shares will 1 01 6 . " we .00 00. qo 'A lEd. 4-92) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY be equal until the loss is p81d. If illY insurance or self-insurance is exhausted. the shares of all remaining insurance will be equal until the loss is paid. P. Paymen!s You Must Make You Ire responsible for any payments in excess of the benefits regularly provided by the workers compensation law including those required be- cluse: 1. of your serious and willful misconduc~ 2. you knowingly employ an employ" in vio- lation of law; 3. you fail to comply with a health or safety law or regulation; or 4. you discharge. coerce or otherwise dis- criminate against any employee in violation of the workers compensation law. If we make any payments in excess of the benefits regularly provided by the workers comp- ensation law on your behalf. you will reimburse us promptly. G. Recovery From Others We have your rights. and the rights of persons entitled to the benefits of this insurance. to recover our payments from anycne tiable for the injury. You will do everything necessary to pro- tect those rights for us and to help us enforce them. H. Statutory Provisions These statements apply where they are required by law. 1. As between an injured worker and us. we have notice of the injury when you have notice. 2. Your default or the bankruptcy or insolvency of you or your estate will not relieve us of our duties under this insurance aller an injury occurs. 3. We are directly and primarily liable to any person entitled to the benefits payable by this insurance. Those persons may enforce our duties; so may an agency authorized by law. Enforcement may be against us or against you and us. 4- Jurisdiction over you is jurisdiction over us for purposes of the workers compensation WCOOOOOOA (Ed. 4-92) . Copyright 1991 Nltianll CounCil on Compensjtlon Insurance law. We are bound by decisions Igainst you under that law. 3ubject to the proviSions of this poticy that are not in conflict with that law. 5. This insurance conforms to the parts of the workers compensation law that apply to: a. benefits payable by this insurance; or b. special taus. plyments inte security or other special funds. and Issessments payable by us under that law. 6. Terms of this insursnce that conflict with the workers compensation law are changed by this statement to conform to that law. Nothing in these plrlgraphs relieves you of your duties under this policy. PART TWO EMPLOYERS LIABILITY INSURANCE A. How This Insurance Applies This employers Iilbifity insurence Ipplies to bod- ily injury by accident or bodily injury by disease. Bodily injury includes resulting delth. 1. The bodily injury must eri58 out of and In the course of the injured employee's em- ployment by you. 2. The employment must be necessary or in- cidentll to your work in a state or territory listed in Item 3.A. of the Information Plge. 3. Bodily injury by Iccident must occur during the policy period. 4. Bodily injury by disease must be caused or Iggravated by the conditions of your em- ployment The employee's last day of last exposure to tha conditions clusing or aggra- vating such bodily injury by disease must occur during the policy period. 5. If you are suad. the original suit and any related legal actions for damages for bodily injury by accident or by disaase must be brought in tha United States of America. its territories or possessions. or Canada. B. We Will Pay We will pay all sums you legally must pay as damages because of bodily injury to your em- ployees. provided the bodily injury is covered by this Employers Liability Insurance. 2 of 6 - iiii - - - - - - - - - - - . - - - - . - - - - . - =- - - !!Ill . 8 II ~ ~ 8 5 ~ . j ~ ~ . .' . " WCOOOOOOA led. 4-921 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY The damages we will pay. where recovery is permitted by law. include damages: 1. lor which you are liable to a third party by reason of I cleim or suit against ycu by that third plrty to recover the damages cllimed Igalnst such third party IS I result 01 injury to your employee; 2. for care Ind loss of services; and 3. for consequential bodily injury to a spouse. child. paren~ brother or sister of the injured employee; provided that these damagas are the direct con- sequence of bodily injury that arises out of and in the course of tha injured employee's employ- ment by YOU; and 4. be causa of bodi Iy injury to your employee that arises out of and in tha course of employmen~ claimed against you in a capacity other than as employer. C. Exclusions This insuranca does not cover: 1. liability assumad under a contract This exclusion does not apply to a warranty that your worle will be done in a workmanlike manner; 2. punitive or exemplary damages because 01 bodily injury to an employee employad in violation of law; 3. bodily injury to an employee while em- ployed in violation of law with actual knowledge or the actual knowledge of any of your executive officers; 4. any obligation imposed by a workers comp- ensation. occupational disease. unemployment compensation. or disability benefits law. or any similar law; 5. bOdily injury Intentionally caused or aggra- vated by YOU; 6. bodily injury occurring outside the United States 01 America. its territories or pos- sessions. and Canada. This exclusion does not apply to bodily injury to a citizen or resident of the United States of America or Canada who is temporarily outside these countries; WC 00 00 00 A (Ed. 4-92) 3 ot 6 " Copyright 1991 NalloNI Council an CompenS.llIJon Insurance D. 7. damages arISing out of coercion. criticism. demotion. evaluation. reassignmen~ discipline. defamation. harassment humiliation. discri- mination against or termination of any em- ployee. or any personnel practices. policies. acts or omissions; 8. bodily injury to Iny person in work subject to the longshore and Harbor Workers' Comp- ensation Act (33 USC Sections 901-9501. the Nonappropriated Fund Instrumentalities Act (5 use Sections 8171-8173). the Outer Conti- nental Shelf lands Act (43 use Sections 1331-13561. the Delense Base Act (42 use Sections 1651- 1654). the Federal Coal Mine Health and Safety ,.ct of 1969 (30 use Sections 901- 942). any other federal workers or workmen's compensation law or other federal occupational disease law. cr any amendments to these laws; 9. bodily injury to any person in work subject to the Federal Employer's liability Act (45 use Sections 51-60). any other federal laws obligating an employer to pay damages to an employee due to bodily injury erising out of or in the course of amploymen~ or any amendments to those laws; 10. bodily injury to a master or mamber of the crew of any vessel; 11. fines or penalties imposed for violation of federal or state law; and 12. damages payable under the Migrant and Seasonal Agricultural Worker Protection Act (29 use Sections 1801-1872) and under any other federal law awarding damages for violation of those laws or regulations issued thereunder. and any amendments to those laws. We Will Delend We have the right and duty to defend. at our expense. any claim. proceeding or suit against you for damages payable by this insurance. We have the right to investigate and sellle these claims. proceedings and suits. We have no duty to defend a claim. proceeding or suit that is not covered by this insurance. We have no duty to defend or continue defending after we have paid our applicable limit ot liability under this insurance. . .. we 00 OO.OO'A . lEd. '4"92) , WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY l W. Will Also pey We will also pay these casts. in addition to ather amounts payable under this insurance. as part of any claim. proceeding. or suit we defend: 1. rtlsonable expenses incurred at eur IIqUISt; but not lass of eamings; 2. premiums for bands te Illease attachments and far appeal bonds in band amounts up to the limit of our liability under this insur- anc.; 3. litigation casts taxed against you; 4. interest an a judgment as required by law until we offer the amount due under this insurance; and 5. expenses we incur. .. Othlr In.uranca We will not pay mall than our shall of dam- ages and casts covered by this insurance and other insurance or self-insurance. Subject to any limits of liability that apply. all shillS will be equal until the lass ia paid. If any insurance or self-insurance is exhausted. the shares of all remaining insurance and self-insurance will be equal until the lass is paid. G. Limit. of L1a11l/1ty Our liability to pay far damages is limited. Our limits of liability are shown in item 3.8. of the Information Page. They apply as explained below. 1. Bodily Injury by Accident. The limit shawn for "bodily injury by accident-each acci- dent" is the mast we will pay far all damages covered by this insurance because of bodily injury to one or mare employees in anyone accident. A disease is not bodily injury by accident unless it resulls directly from bodily injury by accident. 2. Bodily Injury by Disease. The limit shawn far "bodily injury by disease-pOlicy limit" Is the mast we will pay far all damages covered by this insurance and arising aut of bodily injury by disease, regardless of the number of employees who sustain bodily injury by disuse. The limit shawn far "bodily injury by disease-taCh employee" is the mast we will pay far all damages because of bOdily injury by disease to any one employee. WCOOOOOOA led. 4-921 . Copyright 1991 N.llonll COl,lnCl1 on CempenSlIIO" Insurance Bodily injury by disease daIS not include disease that results directly from a bodily injury by accident. 3. We will not pay any claims far damages alter we have paid the applicable limit of our liability under this insurance. H. Recovery 'rom Others We have your rights to recover our payment from anyone liable for an illjury covered by this insur- ance. You will do everything necessary to protect thosv rights for us and to help us enforce them. I. Actions Against Us There will be no right of action against us under this insurance unless: 1. You have complied with all the terms of this policy; and 2. The amount you owe has been determined with our consent or by actual trial and final judgment. This insurance does not give anyone the right to add us as a defendant in an action against you to determine your liability. The bankruptcy or insolvency of you or your .state will not relieve us of our obligations under this Part. PART THREE OTHER STATES INSURANCE A. How This Insurance Applies 1. This ather states insurance applies only it one or mare states are shawn in Item 3.e. of the Information Page. 2. II you begin work in anyone of those states alter the effective date of this policy and are not insured or are not self-insured for such work. all provisions of the policy will apply as though that state were listed in Items 3.A. of the Information Page. 3. We wilt reimburse you for the benefits re- quired by the workers compensation law of that state if we are not permitted to pay the benefits directly to persons entitled to them. 4. If you have work on the effective date of this policy in any state not listed in Item 3.A of the Information Page. coverage will not be afforded for that state unless we are notified within thirty days. 4 of 6 - .. - - - - - - - - - - - . - - - - . - - - - . - - - - . . 8 . . c I i . . . .. . '.. . . . WCOOOOOOA lEd. 4-921 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY B. Notice T.II us .t once II you begin worle in .ny stale list.d in It.m 3.C. of th. Inform.tion Pag.. PART 'OUR YOUR DUTIES IF INJURY OCCURS T.II us .t onc. if injury occurs th.t m.y be covered by this ~olicy. Your olher duties "e Iist.d h.r.. I. Provide for imm.di.te medical and other services required by the worlears compen- satiun Ilw. 2. Give us or our .g.nt the names and Idd- resses of the injur.d persons Ind 01 wit- nesses, Ind other information we may need. 3. Promptly give us III notices. demands and legal pipers related to the injury. claim, proceeding or suit 4. Cooperate with us Ind assist us. as we may reques~ in the investigation, settlement or delense of any claim. proceeding or suil. 5. Do nothing after an injury occurs that would Interfere with our right to recover from olhers. 6. Do not voluntarily make paymenls, assume obligations or incur expenses. except at your own cost PART FIVE - PREMIUM A. Our Manuals All premium for this policy will be determined by our manuals 01 rules, rates. rating plans and classifications. We may change our manuals and apply the changes te this policy if authorized by Ilw or I govemmental agency regulating this insurance. B. Classifications Item 4 of the Information Page shows the rate and premium basis for certain business or work classifications. These classifications were as- signed based on an estimate 01 the exposures you would have during the policy period. " your Ictual exposures are not properly described by those classifications. we will assign proper classifications. rales and premium basis by en- dorsemenl to this policy. we 00 00 00 A lEd. 4- 92) Co#ynllhf 1991 N.llonal CounCil on CompenSJtlon Insulance C. Remuner.tlon Premium for IIch worle clessificltion is deter- mined by multiplying . r.le times I premium basis. Remunerltion is the most common pre- mium basis. This premium basis includes payroll and all olher remuneration paid or PlY able during the policy period for the services 01: I. all your officers and employees englged in worle cover.d by this policy; and 2. all other persons engaged in work that could make us liable under Part One lWorleers Compensation Insurance) of this policy. If you do not have payroll records for these persons. the contract price for their services and materials may be used as the premium basis. This paragraph 2 will not Ipply If you give us proof that the employers of these persons lawfully secured their worleers compensation obligations. D. Premium Peyments You will pay all premium when due. You will pay the premium even if part or III of I worleers compensation law Is not valid. E. Final Premium The premium shown on the Information Page. schedules, and endorsements Is an estimate. The final premium will be determined after this policy ends by using the actual. not the esti- mated. premium basis and the proper clessl- fications and riles that lawfully apply to the business and worle covered by this policy. If the final premium is more than the premium you peid to us, you must pay us the balance. " it is less. we will refund the balance to you. The final premium will no! be less than the highest minimum premium for the classifications covered by this policy. If this policy is canceled, final premium will be determined in the following way unless our manuals provide otherwise: 1. "we cancel. final premium will be calcu- lated pro rata based on the time this policy was in force. Final premium will not be less than the pro rata share of the min- imum premium. 2. II you cancel, final premium will be more than pro rala; it will be based on the time this policy was in force, and increased by 5 01 6 " . we DO Da od'A' . IEIl. 4-92>' WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANC. POLICY your short-rate cancelation tlble and procedure. Final premium will not be less than the minimum premium. F. Records You will kaep records of information needed to compute premium. You will provide us with copies of those records when w. Isk for them. G. Audit You will let us examine and ludit III your records that relate to this policy. Thes. records include ledg.rs. journllll. registers, vouchers. contracts. tax r.ports. payroll and disbursement records. and programs lor storing and retrieving data. We may conduct the audits during regullt business hours during the policy period and within three years after the policy period ends. Information devaloped by audit will be used to determine final premium. Insurance rate service organizations have the seme rights we have under this provision. PART SIX - CONDITIONS A. Inspection We have the righ~ but are not obliged to inspect YO'lr workplaces at any time. Our inspections are not sefety inspections. They relate only to the insurability of the workplaces and the premiums to bl charged. We may give you reports on the conditions we find. We may also recommend chenges. While they may help raduce losses, we do not undertake to perform tha duty of any person to provide for the health or safety of your employees or the public. We do not warrlnt that your workplaces are sefe or healthful or that they comply wilh laws. regulations. codes or standards. Insurance rate service organizations have the same rights we have under this provision. B. Lang Term Polley If the policy pltiod is longer than one yeer and sixteen days, III provisions of this policy will Ipply IS though a new policy were issued on each annual anniversary thaI this policy is in force. C. Trlnsfer of Your RlghfS IIId Dulles Your rights or duties under this policy mlY not ba translerred without our wriUen consent. If you die Ind we receive notice within thirty days Iller your death, we will cover your legal representative IS insured. D. Cancelation 1. You may clnce' this policy. You must mail or deliver advance wriUen notice to us stating when the cancelation is to take effect. 2. We may cancel this policy. We must meil or deliver to you not less thin ten dlYs advance wriUen notice stlting whln the cancelation is to take e"ecl Mailing thlt notice to you at your mailing eddress shown in itam 1 of the Information Page will be sufficient to prove nollce. 3. The policy peried will end on the day Ind hour stated in the cancelation notice. 4. Any of these provisions that conflicts with I law that controls the cancelalion of the insuran~e in this policy is changed by this statemant to comply with that law. E. Sole Representative The insured first named in item 1 of the Information Page will act on behalf 01 all insureds to change this policy. receive return premium. and give or receive notice of cancelation. In Witness Whereof. this Company has executed and aUested these prasents; but this policy shall not be valid unless countersigned by the duly authorized Agent of this Company at the agency hereinbefore mentioned. Secretary WC DO DO DO A lEd. 4-92) .. Copyright 1991 N.l1on.1 CounCIl on Compensation Insurance. f. President 6 01 6 r i ..c> , - " . t N o'~ " " ~ ) .,: ~ '. .... ,':::=' F .- ~.t; ..CI(,'l . ~ '.~, '" . ~/ - ~12 c:.\ . -11.\1 ~- -;:-) . ~.c- ..-' -. , i 't> ,;" Li' t..> -...' '~ , \l1Ll!N)ATAFlLI\UIN[)O('9t'JlfI19-1lB 1~\1dW r.......011)I....ot_I.PM lMMd: ~G4'l~UPM "11-. MARYLAND CASUALTY COMPANY and NORTHERN rNSURANCE COMPANY OF NEW YORK. Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 96-1539 CIVIL TERM A. C. KUHN & SON. INC., Defendant JURY TRIAL DEMANDED DEFENDANT'S REPLY TO NEW MATTER TO COllNTERCLAIM 19. The averments of Defendant's Answer with New Matter is hereby incorporated by reference. 20-21. It is admitted that the Deferldant sometime prior to June I. 1993 sought to purchase insurance through the Byerly Insurance Agency for workers' compensation and commercial general liability insurance. The Defendant had done this since approximately 1990. 22. Denied. To the contrary, prior to submitting its application. Defendant did not have available documents which contained il/ler alia. information about the manner in which the premium was to be calculated and the audit process to be employed. 23. At this time the Defendant is not exactly sure what information it provided to the Byerly Insurance Agency, but believes that whatever Byerly asked for was provided. 24. The averments of these paragraphs are conclusions of law based on the insurance policy which is a document which speaks for itself. As to the averments concerning the final premium audit, the Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained therein and proof is demanded. 25. Denied as stated. At no time did Maryland Casualty or Byerly Insurance advise the Defendant of the possibility of the extreme discrepancy between the estimated annual premium and the figure that was ultimately determined to be due or calculated by Maryland Casualty as the final premium audit. 26. It is admitted that Defendant, at all relevant times, had control over its own business operations and payroll. As to the allegations that Defendant had control over the preliminary classifications of its employees utilized in making an application for insurance, the Defendant is without knowledge or information sufficient to form a belief as 10 the truth or falsily of this averment. To the contrary, Defendant simply supplied any information that Byerly requested. As to the remaining averments of this paragraph, the Defendant is wilhout knowledge or inlimnation sufficient to form a belief as 10 the truth or falsity of these averments. 27. It is admitted that prior to J,!ne I. 1993. Defendant had purchased commercial general liability and workers' compensation insurance and had a general prior experience with estimation of premiums and audits. It is denied 1hat Defendant had prior experience with the specific audit processes set forth in Maryland Casualty's policies. To the contrary, the prior audits which Defendant had experienced resulted in either a credit or refund or a modest additional payment to be paid after the premium audit. 28. The averments of this paragraph are a conclusion of law to which no response is required. To the extent a response is required. it is denied Ihat the premium estimate and audit were done in a reasonable manner since the premium audit allegedly resulted in an amount due and owing of $44.309.00. 29. After reasonable investigation the answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph. The averments are therefore deemed denied and proof is demanded. 30-31. The averments of these paragraphs are a conclusion of law to which no response is required. To the extent a response may be deemed required, if the audit is in fact correct, it is denied that the premium estimate was performed in a generally accepted manner. 32. It is admitted that the policies contained the reference provision. It is further admitted that the policy contained provisions advising of the premium audit which could result in a higher premium due from Defendant. It is denied, however, that the original premium estimate and the premium audit were both done in a reasonable and competent manner consistent with industry standards. )). It is admitted that Defendant had prepared insurance for workers' compensation liability and commercial general liability for policy years prior to June I. 1993. It is further admitted that for each of these policies for prior years, Defendant had been provided with an audited premium adjustment. It is denied that the audited premium adjustment was of the "same type." To the ,,( ~ . '< :i "r1 . ':!";l , ,1.. , I }. ~:;.-.~~"t:_~',;.-~;.:..::;~"":"=::':;::~:;~ .-. ii ...f !i e', ~.. Z 'g~ .) ...r; 1.1) .-'"' I ~! ~\ ~ I . I..L.I '[I ~ .....1..; U. f~ ,_~ [;J I ... 52 rl.o ,1\ S~6 - ~ ~:-t _ ~ I - " IIi tit!rl . I . '" ~. ~ > eJ.l.::J , 00 ~. U. E-<Q 8 I~ ~. :.:J~ II . I 815 u I . ~~ <( il E-<~ ...", (J I' H~ II 0 -- -.---:;--,:-~--~~-'::-;,-:"-,,,:,,-::'::::--=-- ---........ ,,-, -_._j----- ,-':,,:,:::,:';:'-:~;';:""':"=::::--~--- . - , ~ '" - , ... '....-. ~..-.~.- .. ~ .- ----., -----..... ~ .."'" f' ~ '__~~A__~~.~__ -,--- - - ..."" '\ t -~~- '- ,,~..-'" ';' . .. :..:--,-..,,,...- ~. .~ ~ i g 15 ~ ~~ gj >t~ ~~ <Il I --=-.~.;....:;;:=--=-.:::;:---- 1 ~3Ao ~ .. ~~ ~+,a f ~ f'. . ...... "' ~ ..:J' ..:J' , Cfl " ~ t.. e' ~~; ):";: ~., 0.. ~.1 ~. .'-~ (r~ (. r- C". , :.-,;.;i . L liJ ;; rc~". !:-',: .L.. r - l1. 1.,.:':> i,j <.; V' ~ ~ ...) j \'.. ~~ ~ ~~ ,~ ~ ~ -;.~\\ \~ ;.. ~. "'YI~ -\0 -, .c: ~ ". If) Ct~ '" t:; i~ ~ LLI'-. (,\-'- .~, ~i !,'.. r- e. N .....,;. l' { C. ., j :~..:: , L.L.' ",-, ..1.- ,. u.. ,. t- ., 0 0' '_J .