HomeMy WebLinkAbout01-1434 FX
Taryn N. Dixon
Court Administrator
OFFICE OF THE COURT ADMINISTRATOR
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
1 Courthouse Square' Carlisle, PA 17013
Phone Melissa H. Calvanelli
(717) 240-6200 Assistant Court Administrator
(717) 697-0371
(717) 532-7286
(717) 240-6460 FAX
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MEMORANDUM
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TO:
The Honorable Edgar B. Bayley
FROM:
Melissa H. Ca1vanelli, Assistant Court Administrator
DATE:
March 27, 2003
INRE:
01-1434 Civil-Law
Hempt Bros., Inc.
v.
Pennsylvania Manufacturers' Association Insurance
Company and Penn National Insurance
The above case is assigned to you for a non-jury trial. Please provide me with copies of
your scheduling orders and final disposition date so that I can monitor the case for
statistical purposes.
Attachment
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MICHAEL L. BANeS
ATTORNEY AT LAW
302 SOUTH 18m STREET CAMP HILL, PA I70B
PHONE 717-730-7310
FAX 717-730-7374
E-mail: bangslawl5.)naonline.com
April 8, 2003
Curtis R. Long, Prothonotary
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
COpy
RE: Hempt Eros" Inc., vs. Pennsylvania Manufacturers' Association Insurance
Company and Penn National Insurance
Dear Mr. Long:
Enclosed please find the original and four (4) copies of a Motion to Consolidate Actions
together with a proposed Order. Please deliver these documents to Judge Bayley since he has
been assigned to this matter and is waiting for this document in order to schedule a pre-trial
conference. .
If you have any'questions or require anything further, please contact me directly.
Thank you for your assistance.
Very truly yours,
Michael 1. Bangs
wsc
Enclosures
cc: Hempt Bros., Inc.
KathleeiiD. Wilkinson, Esquire
Jonathan C. Deisher, Esquire
The Honorable Edgar B. Bayley
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6
HEMPT BROS., INC.,
Plaintiff
)
)
)
)
)
PENNSYLVANIA MANUFACTURERS' )
ASSOCIATION INSURANCE )
COMPANY and PENN NATIONAL )
INSURANCE, )
Defendants )
vs.
NOTICE
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2001 - JLI3 '/
CIVIL TERM
CIVIL ACTION - LAW
ACTION FOR DECLARATORY
mDGMENT
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the Court
your defenses or objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you by the Court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPERS TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
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HBI-PMAICDECLARATORY mDGMENT ACITON 1.8, 20011 DISK 31
HEMPT BROS., INC.,
Plaintiff
)
)
)
)
)
PENNSYLVANIA MANUFACTURERS' )
ASSOCIATION INSURANCE )
COMPANY and PENN NATIONAL )
INSURANCE, )
Defendants )
vs.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2001 - 1'/3 Y
CIVIL TERM
CIVIL ACTION - LAW
ACTION FOR DECLARATORY
JUDGMENT
ACTION FOR DECLARATORY JUDGMENT
AND NOW comes the Plaintiff, HEMPT BROS., INC., by and through its counsel,
Michael L. Bangs, Esquire, and in support thereof files the following Action for Declaratory
Judgment:
I. Plaintiff, HEMPT BROS., INC., (hereinafter referred to as "Hempt") is a corporation
dilly organized and existing under the laws of the Commonwealth of Pennsylvania with a
principal place of business at 205 Creek Road, Camp Hill, Cumberland County, Pennsylvania,
2. Defendant, PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE
COMPANY (hereinafter referred to as "PMAIC"), is a corporation duly organized and existing
under laws of the Commonwealth of Pennsylvania with a principal office located at 380 Century
Parkway, Blue Bell, Montgomery County, Pennsylvania.
3. Defendant, PENN NATIONAL INSURANCE (hereinafter referred to as "PNI"), is a
corporation dilly organized and existing under the laws of the Commonwealth of Pennsylvania
with a principal place of business at 2 North Second Street, Harrisburg, Dauphin County,
Pennsylvania.
4. PMAIC issued a commercial general liability insurance policy to Hempt for the policy
period March 1, 1997, through March I, 1998. Attached hereto and marked as Exhibit A is a
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true and correct copy of the subject policy. Any endorsements or other provisions which are part
of the policy will be produced further in discovery.
5. PNI issued a commercial general liability insurance policy to Hempt for the policy
period March I, 1998, through March 1, 1999; March 1,1999, through March 1,2000; March 1,
2000, through March 1, 2001; and anticipates issuing a commercial general liability policies for
the near future to Hempt. A true and correct copy of the initial policy with applicable revisions
is attached hereto and marked as Exhibit B. Any endorsements or other provisions which are
part of the policy will be produced in discovery.
6. Hempt conducts mining operations at various locations, one of which is the Camp Hill
Quarry, Western Pit (hereinafter referred to as "Quarry"), in Lower Allen Township,
Cumberland County, Pennsylvania, since 1987.
7. Hempt advised PMAIC beginning in May, 1997, that significant sinkholes began
developing in the area adjacent to the Quarry, the most significant of which was the drying up of
the Cedar Run stream.
8. Sinkholes continued to develop through March 1, 1998, the expiration ofPMAIC's
policy.
9. Sinkholes continued to develop in the area, both in new locations and reopening of
previous locations, from and after March 1, 1998, PNI's policy periods.
10. Hempt advised PMAIC in 1997 that it had undertaken repairs of the sinkholes and
had provided materials and labor to fix the sinkholes in conjunction with instructions from the
Pennsylvania Department of Environmental Protection (hereinafter referred to as "DEP").
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HBI-l'MAICDECLARATORY JUDGMENT ACTION 1'88' 20011 DISK 31
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11. Hempt incurred, and continues to incur, significant expenses relating to the repairs of
the sinkholes that have developed from May, 1997, through the present, and has made a claim to
both PMAIC and PN1 for payment of those expenses.
12. Hempt advised PMAIC and PN1 that three separate additional claims have been
made against Hempt as a result of sinkhole development which include the following:
A. Sinkholes that developed at the Peters property in January, 1999;
B. Sinkholes that resulted in repairs to a sewer line by the Lower Allen
Authority in February, 1999; and
C. A claim by the Pennsylvania Department of Corrections for the
sinkholes that developed nnderneath a property owned by the Department of
Corrections in June, 2000.
13. Hempt advised PMAIC and PNI that it had expended significant sums in defending
itself against claims by DEP for remediation of the sinkhole problem as a result ofthe alleged
dewatering of the Cedar Run stream and creek bed.
14. Hempt advised PMAIC and PN1 that following extensive negotiations with DEP, a
Consent Decree was entered into with DEP which, among other things, required Hempt to fill the
Quarry with water causing Hempt to lose significant mineral reserves.
COUNT I
HEMPT vs. PMAIC
15. Paragraphs 1 through 14 are incorporated herein by reference as though more fully
set forth.
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HBl -PMAICDECLARATORY JUDGMENT ACI10N'8 8, 2001/DlSK 31
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16. Following notification by Hempt to PMAIC of the sinkhole outbreak in May, 1997,
PMAIC provided Hempt with advice and assistance in handling any potential claims by DEP or
others and assistance in determining the cause of the sinkholes.
17. PMAIC engaged a hydrologist to assist Hempt in ascertaining the cause of the
sinkholes and to assist Hempt in its dealings with DEP.
18. Hempt was advised by PMAIC that according to its expert, the cause ofthe sinkholes
could not be related to Hempt's quarrying operations.
19. Hempt relied upon PMAIC's handling of the matter, particularly the determination
by the expert hired by PMAIC that Hempt did not cause the sinkhole development.
20. Sinkholes continued to develop after March 1, 1998, the expiration date ofPMAIC's
policy with Hempt.
21. PMAIC attempted to settle the claims made by Hempt for costs incurred by Hempt
for remediation of the sinkholes that developed up until March 1, 1998.
22. PMAIC required Hempt to provide PMAIC with a full release for any obligations or
claims for damages related to the sinkhole development in exchange for payment of the costs
incurred by Hempt for remediation of the sinkholes even though PMAIC agreed with and
encouraged Hempt to remedy the sinkholes and incur those costs so as to lessen any involvement
by DEP or third party claims.
23. Hempt advised PMAIC that because of the ongoing sinkholes it would not sign a
release and PMAIC, thereafter, refused to pay Hempt for any of the damages it incurred for
remediation ofthe sinkholes from the period of March 1,1997, through March 1, 1998.
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HBI-PMAlC DECLARATORY JUDGMENT ACTION I e &, 2ll(IlIDISK 11
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24. PMAIC originally advised Hempt that there were no exclusions under the policies in
force from March I, 1997, through March I, 1998, that would bar coverage for damages incurred
by Hempt for the remediation of the sinkholes during that policy period.
25. Following Hempt's refusal to sign the release, PMAIC has advised Hempt that under
the policy in question, there are exclusions which preclude coverage for any ofthe claims made
by Hempt, including those claims occurring during the acknowledged policy period, March 1,
1997, through March I, 1998.
26. In the alternative, PMAIC has notified Hempt that it does not have a duty to
indemnify Hempt regarding any claims for damages resulting from occurrences after the
expiration of the PMAIC policy on March 1,1998.
27. Hempt believes that the initial sinkhole development in May, 1997, was an
occurrence triggering coverage under PMAIC's policy for not only the claims and costs
associated with the sinkholes that developed from March, 1, 1997, through March 1, 1998, but
also for all claims and costs and damages for the sinkhole development thereafter and in the
future.
28. Hempt requests this Court to issue a Declaration that the policy of insurance issued
by PMAIC to Hempt for the period March 1, 1997, through March 1, 1998, applies to all claims
for damages resulting from the development of sinkholes, whether or not those sinkholes
manifest themselves prior to March 1, 1998, which would include, and not be limited to, all
expenses incurred by Hempt for remediation of the sinkholes; all claims made by third parties for
damages resulting from the sinkholes; all loss of reserves in the Quarry by Hempt as a result of
the action taken by DEP against Hempt requiring it to fill the Quarry with water; and all
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HBI -PMAIC DECLARATORY JUDGMENT ACTION I ~s. 2001 IOISK:lI
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incidental costs and legal fees associated with defending this action and defending Hempt against
the claims by DEP and others.
WHEREFORE, Hempt requests this Court to enter a Declaratory Judgment that:
I, There is coverage under PMAIC's policy;
2. PMAIC has a duty to defend and/or indemnify Hempt regarding any
claim for damages resulting from all sinkhole development that occurred prior to
March 1,1998; for all sinkhole development that occurred after March 1,1998;
and for all future sinkhole development, if any, said damages should include, but
not be limited to, all remediation costs incurred by Hempt currently and in the
future; all claims made by third parties; all loss of reserves by Hempt as a result of
the actions ofDEP in ordering the flooding of the Quarry; and all incidental costs
and legal fees incurred by Hempt in defending itself against the claims by DEP
and others; and
3. That Hempt be granted such other and further relief as it deems
appropriate.
COUNT II
HEMPT vs. PNI
29. Paragraphs I through 14 are incorporated herein by reference as though more fully
set forth.
30. Hempt advised PNI prior to the inception of the policy and after the inception ofthe
policy of the sinkhole problems that had developed near the Quarry and of the pending claims
that occurred prior to the inception of the policy and that have occurred from March, 1998,
through the current date.
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HBI - PMAIC DECLARATORY JUDGMENT ACTION I. R, 2001 IDISKJI
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31. PNI has notified Hempt that it believes that PMAIC is the responsible carrier for any
and all claims or damages that may have resulted as a result of the sinkhole development at any
time, including from March 1998, through the present.
32. PNI has also notified Hempt that it may have other defenses to coverage for some or
all of the damages incurred by Hempt for the sinkhole development which occurred after the
inception of its policy on March 1, 1998, and in the future.
33. Hempt has incurred significant damages as a result of the sinkhole development
which include, but are not limited to, costs it incurred in the remediation of the sinkholes, from
March, 1, 1997, to the present and in the future; costs, including legal fees, of defending itself
against the actions ofDEP and others; loss of reserves as a result ofthe action ofDEP in
requiring the Quarry to be flooded; and claims against Hempt by third parties for damages
allegedly resulting from the sinkholes.
34. Hempt requests this Court make a Declaration that PNI's policy applies to damages
sustained by Hempt from March 1, 1998, up and through the present and in the future should
any damages be sustained.
WHEREFORE, Plaintiff requests this Court to enter a Declaratory Judgment that:
1. There is coverage under PNI's policy;
2. PN1 has a duty to defend and/or indemnify Hempt regarding any claim
for damages resulting from sinkhole development on or after March 1, 1998, said
damages should include, but not be limited to, all remediation costs incurred by
Hempt from March 1, 1998, to the present and all remediation costs in the future;
all claims made by third parties for sinkhole development from March 1, 1998, to
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Hm - 'M,"C DECLARAroRY ruDOMeNT AenON '~', '""' 10>'""
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the present and all future claims, if any; all loss of mineraI reserves by Hempt as a
result of the actions ofDEP in ordering the flooding of the Quarry; and all
incidental costs and legal fees incurred by Hempt in defending itself against the
claims by DEP and others; and
3. That Hempt be granted such other and further relief as appropriate,
Respectfully submitted,
MI AEL L. BANGS
Attorney for Plaintiff
302 South 18th Street
Camp HilI, PA 17011
(717) 730-7310
Supreme Court ID #41263
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HBl- PMATC DECLARATORY JUDG/ItIENT ACTION I ~ 2, 2001/DISK31
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VERIFICATION
GEORGE F. HEMPT, being duly sworn according to law, deposes and says that he is the
President ofHEMPT BROS., a Pennsylvania corporation, the Plaintiff herein, and that as such
officer, he is authorized to make this Verification on its behalf and that the facts set forth in the
foregoing Complaint are true and correct to the best of his knowledge, information and belief,
and further understands that false statements herein are made subject to the penalties of 18 Pa.
C.S. Section 4904, relating to unsworn falsification to authorities.
HEMPT BROS., INC.
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C~ERCIAL GENERAL L1ABI~
DECLARATIONS
PENNSYLVANIA MANUFAC'l'UlU:RS' ASSOC:IATION INSURANCE COMPANY
POUCY NO. 8297011-33-63-74-4
I
NAMED INSURED
II
PRODUCER'S NAME
--,
HEMPT BROS IHC
PO BOX 278
205 CREEK RD
CAMP HILl. PA 17011
K. R. MACDONALD INCORPORATED
4ICIO DERRY STREET
P.O. BOX 4liOO
HARRISBURG. PA 17111
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IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO AlL THE TERMS OF TIftS POLICY. WE AGREE WIl1l YOU TO
PROVIDE THE INSURANCE AS STATED IN THIS POlICY.
COVERAGES:
[X J OCCURRENCE
[ J OWNERS AND CONTRACTORS PROTECTIVE
( J RAILROAD PROTECTIVE
UMIT OF INSURANCE
GENERAL AGGREGATE (Other Than Produc:ts-Completed Operations)
PRODUCTS AND COMPLETED OPERATIONS AGGREGATE
PERSONAL AND ADVERTISING INJURY UMIT
EACH OCCURRENCE UMIT
FIRE DAMAGE UMIT (Any One Fire)
MEDICAL EXPENSE UMIT (Any One Person)
$ 3,000,000
$ 1,000,000
$ 1,000,000
$ 1,000,000
$ 100,000
$ 5,000
DEDUCTIBLES:
J BOOIL Y INJURY
I I PROPERTY DAMAGE
I J COMBINED BII. PD
I ]PER CLAIM
( lPER OCCURRENCE
THIS POUCY CONTAINS AGGREGATE LIMITS; REFER TO SECnONm - UMTTS OF INSURANCE FOR DETAILS.
COVERAGE PARTS AND ENDORSEMENT TO THIS POLICY:
SEE ENDORSEMENT SCHEDULE
CPOtS (03110)
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COMMERc.GL GENERAL LIABILITY CO~GE PART
SCHEDULE
PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE Ce>>a>ANY
POUCY NO. 121700-33-63-74--4
SCHEDULE OF HAZARDS
RATES PREMIUM
PRaI C1MS PREMIUM TEAR PREMIIlPa I'ROOUCTa ~ PIlCIIlIICT$
NO Cl.ASSIFlCATION COOl! --
CQ1POSITE: AATE GROIIP , 1 15150 COthelrt
IPe~ 1000
1,0.1,160 $ II.lIll2 INee $ lat,ll:l5 IHCL
Cont~.ctln9 CLew!
[NoneJ
IlCOI ELEVM'OII. IHsnC'rlON CIlAAG& - - IOther)
<mE CIIlUR ..nor PI.
If Any 010 FIAT CH~ $ 75
.
0010 FMHS III - IOther)
IPer 1000 PI.
I 010 $ $11.751 $ .370 S IlO
0014 FNlHS U) - I Other)
IPer 1000 PI.
I 010 S $11.751 S .370 $ IlO
llO2O FNlHS (21 - IOt.her)
'Per. 1000 PI.
2 012 $ $11.751 S .370 S 120
All &H~EE BEHEFITS LIABILITY - I Other 1
If TIny FLAT CHG S 2llO
All Additional Intere.t: 4llll5O FLATCHG S 1.415
FO~m Number CG2415
All Addition.l Int.rea~: 49950 S 1.011O S 9,_
Form Numbe~ PGL2011
.
MINIMUM POLICY WRITING PREMIUM $100 TOTAL PREMISES Pla!MIUM $ 142.851
PREMIOPS MINIMUM PREMIUM !~ TOTALPROIlUCTSI'REMIUM
PRODUCTS MINIMUM PREMIUM TOTAL ADVANCE PREMIUM . .........
CPO-II (0390)
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~OTICE TO POLICYHOLDER9
COMMERCIAL GENERAL LIABILITY
~
BROADENINGS, RESTRICTIONS AND CLARIFICATIONS OF COVERAGE
This notice has been prepared in conjunction wilh implementation of changes to your policy. It
contains a brief synopsis of the significant broadenings, restri~ons and clarifications of coverage that
were made in each policy form and endorsement. Not all of the listed policy forms and endorsements
are likely to apply to your policy. This notice does not reference every editorial change imide in these
forms and endorsements.
Please read your policy, and the endorsements attached to your policy carefully. Please contact your
insurance agentlbroker or PMA representative if you have questions.
BROADENINGS OF COVERAGE ~ COVERAGE FORMS
CG 00 .01 - Commercial Gene...1 Liability Cove...g. Form (Occumtnc. Version)
CG 00 09 - Owners and Contractors Protectlve.Llablllty Cov....g. Form
CG 00 33 - Liquor Liability Cov....g. Form (Occu....nce V.rslon)
CG 00 35 - Railroad Protective Liability Coverag. Form
CG 00 37 - PnrductalCompleted Ope...tIons Liability Cov.rage Form (Occurrence V....lon)
. The Supplementary Payments provision in these policies has been revised to Incr.ase the
maximum daily payment for loss of eamlngs from $100 per day to $250 per day to more
adequately address the eamings of many professions,
;
. In these policies, \he definition of 'suit' has been broadened to allow D insured the ability to
choose or participate (with the insurer's consent) in certain altemaUve dispute resolution
mechanisms.
CG 00 01 - Comm.rclal General Liability Cov.rag. Form (Occurrenc. V.rsion)
CG 00 09 - OWners and Contractors Protectlv. Liability Coverage Form
CG 00 33 - Liquor Liability Coverall. Form (Occurrenc. V.rslon)
CG 00 37 - Products/Completed Operations Liability Coveralle Form (Occurrence V....ion)
. S.veral revisions have been made to section II- Who Is An Insured in these polici.s to
acknowledge the existence of a new form of business entity known as the nmiteclliability company
and by specifying members and managers of limited liability companies as insureds. '
CG 00 01 - commercial G.neral Liability Coverage Form (Occumtnce Version)
CG 00 09 - ownera llnd Contracto... Protective Liability Coverage Form
CG 00 37 - Products/Completed Operations liability Coveralle Form (Occurrence Version)
. The Contractual Uability exclusion in these coverage forms is amended to provide for the payment
of defense expenses, on behalf of an insured, as damages under bodily injury and property
damage liability coverage, when the insured has assumed such a liabilily in an "Insured contract.'
PGL SO 10 OS 96
Copyri~I, InsurOllce Services ORice, Inc., )995
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. ~ An a.mendment has been ,ge to the Supplementary Payments p40n in these policies ~:= z
proVIde for the defense of an indemnitee and the payment of an indemnitee's expenses as
Supplementary Payments if certain specific conditions are met.
CG 00 01 - Commercial General Liability Coverage Fonn (Occurrence Version)
CG 00 09 - Owners and Contractors Protective liability Coverage Fonn
CG 00 35 - Rlllroad Protective Liability Coverage Form
.
An exception has been added to the Pollution Exclusion in these coverage forms so that the
exclusion dOll$ not apply to losses arising only out of the escape of fuels, lubricants or other
operating ftuids resulting from the normal func:tloning of mobile equipment, provided the pollutants
ll$cap8 from the mobile equjpment part designed by its manufacturer to hold such poDutants.
!tROADI;!'IIN~S QF COVERAGE - MJ,lL T1JTATE ENDORSEMENTS
. CG 20 21 - Additionallnsurad -Vofunteer Wor1<ers
. CG 20 22 - Addltlonallnsurad - Church Members, Ol'ficers and Volunteer Workers
- CG 20 30 - 011 or Gas Operations - Nonoperating, Working Interasts
These endorsements are revised to acknowledge the existence of a new form of business entily
known as the limited liability company and by specifying members and managers of limited liability
companies as insureds.
. CG 20 32 - Addltlonallnsurad - Engln....., Architects or Surveyors Not Engaged by the
~m.d Insurad
This new endorsement can be used by contractors to provide coverage for an architect, engineer or
surveyor (as an addllionallnsured) that they did not engage'directly, but that they are, by their contract
with the project owner, required to add .s an additional in~ured to their policy.
. CG 2274 Amendment of Contractual Uablllty exclusion for personal Injury limited to
Fel.. Afft.t, Detention or Imprisonment for Designated Contracts or
Agreements
The Contnlctual Liability exclusion contained in this endorsement is amended to provide for the
payment of defense expenses, on behalf of an insured, as damages under personal injury coverage,
when the Insured has assumed such liability in a; designated contnlct or agreement. Also, an
amendment has been made to the Supplementary Payments provision in the underfying policy to
provide for the dafense of an indemnitee and the payment of an indemnitee's defense expenses as
Supplementary Payments if certain specifIC conditions are mel
. CG 22 10 - limited Exclusion - Contractors - Professional liability
This endorsement is introduced to limit the applil:lltion of the exclusion of professional services
availabfe in endorsement CG 22 43. For poUcies to which CG 22 43 had ",.viou.1y been attached, the
attachment of CG 22 10 in its place will broaden coverage by !l21 excluding coverage for the HabUIly of
a contractor Who both design and builds the same project for others, regardless of whether or not the
design portion of the project is subcontlllcted.
POL SO 10 OS 96
Copyright; Insuran"" Services om", Inc., 1995
C.1223
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RESTRICTIO.NS IN COVERAGE - MY.I....TISTATE FNDORSEMEm
Page J
. CG 21 52 - exclusion - Financial Services
This new endorsement excludes, from the CGL policy, coverege for certain liability exposures arising
out of the rendering of financial services, without infringing upon coverege for a financiallnstllution's
conventional CGL exposure.
.
CG 21 53 - exclusion - Designated Ongoing Operations
CG 21 54 - exclusion - Designated Operations Covered by A Consolidated (Wrap-Up)
Insurance Program
.
These new endorsements exclude coverage for designated operetlon. when the designated Openltion
is insured elsewhere or when the insured chooses not to insure a certain opereUon.
CLARIFICATIONS IN COVERAGE AND OTHEIJ EDITORIAL REVlSIQNyS . COVERA~E
FC!~MS
All General Liability coverage fonns contain minor editorial revisions to provide for consistency among
policies. In addition, these coverage fonns have been revised to incorporate other various revisions in
order to clarify coverage. ThOS., chang.,s to each individual coverage fonn are described below:
CG 00 01 - Commercial General Liability Coverage Form (Occurrence Veralon)
CG 00 09 - Own.,ra and Contractol'll Protective Liability Coverage Form
CG 00 33 - Liquor Liability Coverage Form (Occurrence Version)
CG 00 35 - Railroad Protective LIability Coverage Form
CG 0037 - Products/Completed Operations liability Coverage Form (Occurrence Version)
. Thes., policies have been amended to clarify that an insurer investillates and settles claims, and
defends insureds against suits.
CG 00 01 - Commercial Ganaral Liability Coverage Form (Occurrence Version)
. Paragraph 1.a. of the Insuring Agreement for both Coverage A - Bodily Injury and Property
Damage Liability and Coverage B - Personal and Advertising Injury Liability Is revised to clarify the
intent under the Coverage Fonn not to defend insureds when no coverage exists under the policy.
. A Pollution exclusion is added to Coverage 8 - Personal and Advertising Injury Uabilily to clarify
the intent that damages resulting from pollution incidents are not and were never intended: to be
covered under personal injury or advertising coverages under the CGL
. In addition to minor editorial changes, the Other Insurance Condition In these policies is amended
to specify that coverage is excess in situations in which an insured is given permission to occupy a
portion of a building without the transfer of rent in the form of money if the insured has fire
insurance available to cover such loss.
.
. Paragraphs f. (2), and (3) of the "insured contract' definition in the Definitions Section have been
revised to update the list of professional services (for architects, engineers or surveyors) to
confonn to standard industry tenns.
POL SO 1005 96
Copyri8bl. Insurance SeNiccs Office. Inc., 1995
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. The Definitions section haMrso been amended in these policies toWrify that the .products-
completed operations hazard. definition only includes coverage for damages arising out of a
condition in a vehicle !l21. owned or operated by the named insured and to more clearly state that
products or operations that are subject to the General Aggregate Umit are excluded from
products-completed operations coverage.
CG 00 09 - Owners and Contractors Protective Liability Coverage Form
. Paragraph 1.a. of the Insuring Agreement is revised to clarify the intent under the Coverage Fonn
not 10 defend insureds when no coverage exists under the policy.
CO 00 33 - Liquor Uability Coverage Form (Occurrence Version)
. Paragraphs 1.a. of the Insuring Agreement is revised to clarify the intent under the COverage Fonn
not to defend insureds when no coverage exists under the policy.
CG 00 35 - Railroad Protective liability Coverage Form
. Paragraphs 1.a. of the Insuring Agreemenl is revised to clarify the intent under the Coverage Fonn
!!21 to def.nd insureds when no coverage exists under the policy.
co 00 37 - Products/Completed Operations L1ebllity Coverage Form (Occurnanc:e Version)
. Paragraphs 1.a. of the Insuring Agreement is revised (0 clarify the intent under the Coverage Fonn
not to derend insureds when no coverage exists under the policy.
. Paragraphs r.(2) and (3) if the .insured contract" d.finition in the definitions Section have been
revised to update the list of prores.ional services (for ~rchitects, engineers or surveyors) to
confonn to standard industry terms.
. The Definitions section has also been amended in these policies to clarify thai the .products-
completed operations hazard definition. only includes coverage for damages ari.ing out of a
condition In a vehicle not owned or op....ted by the named inslired and to more clearly state that
products or operations that are subject to the Aggregate Umit are excluded from products-
completed operations coverage.
C!.-ARlF.L,CMONS IN COVERAGE AND OutER EDITQRIAL REVISIONS -
SNDORSEptENTS
. CO 03 00 - Deductible liability Insurance (COL and Producte)
. CO 03 05 - Deductible Liability Insuranc. (Uquor)
These endorsement. are revised to clarify that it is the insured thai is being defended aoainst 8 suil
. CO 20 07 - AddltlonallnSl.lred - Engineers, Archltec:ts or Surveyors (CGL)
. CG 20 31 - Additional Insured - Engineers, Architects or Surveyors (OCP)
. CG 22 34 - Exclusion - Construction Management Errors and Omlsalona
These endorsements have been revised to update the list of professional services contained in the
fonns to confonn to standard industry tenns.
POL SO 10 OS 96 Copyright. Insurance Services Office, Inc., t99S
C.1223
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CG 20 11 - Additional Insured - Managenl or Lessors of Premises
CG 21 38 - Eltcluslon . New Entiti..
CG 21 37 - Exclusion - Employees as In.u....ds
CG 21 42 - Exclusion - Explosion, CoIlap.e and Underground Property Damage
Hazard (Specified Operations)
CG 21 43 - exclusion - explosion, CollapH and Underground Property OImage Hazard
(Specified Operations Excepted)
CG 21 48 - Total Pollution Exclu.lon Endo....m.nt
CG 22 38 - exclusion - Fiduciary or Rep......ntatlve Liability of Financial institutions
CG 22 40. - Exclusion - M.dlcal Payments to Chlld....n (Day Ca.... Centars)
CG 22 34 - exclusIon - Construction Manag.m.nt Erronl and Omlsalons
CG 22 5$ - Eltcluslon -Injury to Volunteer FIrefighters
CG 22 57 - exclusIon - Underground Re.ources and Equipment
CG 22 63 - Stevedoring Operations Limited Complet.d Operations Coverage
CG 24 0$ - Financial Institutions (Reporting Provision and limitation to Fiduciary Inte....st or
Repres.ntatlve Inte....st)
CG 24 07 - Products Compl.ted Operations Hazard Redefined
CG 2409 - Governmental Subdivisions
.
.
.
.
.
.
.
.
.
.
.
.
.
.
(This list is continu.d on the n.xt pag.)
. CG 24 11 - Fiduciaries - Fiduciary Interest
. CG 21 0lS - limitation of Coverage to Insured Premises
. CG 28 33 - Voluntary Clean-Up eosts Relmbu....m.nt
. CG 29 51 - Employment-Relaled Practic.s Excl~lon
.
Various editOrial changes have been made 10 these endorsements to make the language consistent
with those 0/ other /orms and endorsements in the CGL program and to re/ormat for improved
readability.
. CG 21 40 - Coverage B - Personal Injury liability Only (Adverti.lng Injury Liability Not
Included) (Occurrence Version)
In addition to other editorial changes, a pollution exclusion has been added to these endorsements for
personal injury liability to c1ari/y that damages resulting from pollution incidents are not and _re never
Intended to be covered under personal Injury coverage, Also, these endorsements have been
amended to clarify the intent under the underlying polley not to defend insureds when no coverege
exists under the poliey.
. CG 22 43 - Exclusion - Engineers, Architects or Surv.yors - Profe..lonsl Liability
Revisions have been mede to this endorsement to clarify that it applies only to those Named Insureds
who are in the business of providing professional services to others as an architect, engineer or
surveyor only, as well as to upelate the list 0/ pro/esslonal services contained in the form to conform to
standard industry terms.
POL 50100596
copyri~l. Insurence &r\'iccs omce. Inc" 1995
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CG 2281 - Exclusion - Erroneous Delivery Dr Mixture and Resulting Failure of Seed to
Germinate - Seed Merchants (CGL and Products)
CG 2<& 18 - Seed Merchants - Coverage for Erroneous Delivery Dr Mixture and
Resulting Failure of Seed to Germinate (CGL)
CG 2<& 19 - Seed Merchants - Coverage for Erroneous Delivery or Mixture (Resulting
Failure of S.ed to Germinate Not Included) (CGL)
CG 2<& 20 - Seed Merchants - Coverage for Erroneous Delivery or Mixture and
Rasultlng Failure of Seed to Germinate (Products)
CG 24 21 -Seed Merchants - Coverage for Erroneous Delivery or Mixture (Resulting
Failure of Seed to Germinate Not Included (Products)
.
.
.
.
The above new endorsements have been created to clarify the intent of the coverage provlcled under
the Seed Merchants classifications.
. CG 22 411 - exclusion -Insurance and Related Operations
This endorsement Ilas been modified to add additional .Clivities that may be perfonned by todays
insurence operations. Additionally, editorial revisions have been made for clarification and to Improve
readability.
. CG 22 79 - Exclusion - Contractors - Professional Uabllity
This new endCll'Sement is introduced to clarify the policy's coverage intent to ellclude coverage for the
professionalliabl6ty of a CDn$tl\lction contractor who is aCling in the capacity of an architect, engineer
or surveyor or who has provided an architect, engineer or surveyor with professional services in
conneClion with work perfonned.
. CG 28 05 - Personal Injury liability
In addition to otller editorial changes, a pollution exclusion has been added to this endorsement to
clarify tllat damages resulting from pollution incidents are not and were never intended to be covered
under personallnjury coverage.
. CG 28 07 - Principals Protective Uabllity Coverage
This endorsement is revised in order to clarify the intent under this endorsement not to defend insureds
when no coverage exists under the polley.
POL 50 100596
Copyright, Insuruu:e Services Office, Inc., 1995
C.1223
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OMERCIAL GENERAL L.IABIUTY
CG 00 01 01 9&
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provillollllln thla policy restrict coverage. Read the
entire poley careful)' to delermlne rights, duties and wh81
ill and it not COYBled.
Throughout thiI poley tha _rda 'you' end "your" reler to
the Namad lneurad ahuwn in the Ded..alI...... and eny
other ........n Dr organization que1ifylng .. a Namad
lnaured under this poley. The _rda "we: 'ua' and 'our"
refer to the Company prOYldlng thiI insurance.
Tha _rei 'IMured" meana any peraon or organlzdon
qu~g .. ouch under WHO IS AN INSURED
(SECTION 0).
Othar _rda and ph_ that appear In quol8llon ma.Q
hllV8 .peeI" m.anlng. RllIar to DEFINITIONS (SECTION
V).
SeCTION I . COVERAGES
COVERAGE A. BODILY INJURY AND PROPERTY
DAMAGE LIABILITY
1. InSUring Agreement.
.. W. wi JWIt th.... BUma that the Insured beCom_
leg'" oblgBlBd to pay .. damegee because of
'bodly Injury" or "property damage' to whlctl thia
inaurance applea. We wi have the right and duty
to cW.nd tha iMured agalnat any 'auit" aeeklng
thoa. damlll/W. H_er. we wi. have no duty to
dafend the IMured agalnat any "suit" seeking
damagw for "bodily Injury" or 'p.operty damage'
to which thia Inourance does not .pply. We may
81 our diacrellon Invealigate any "occurrence" and
aetlle any claim or 'wit" that may reaull. But
(1) The amount we will pay for damag_ ia
limited as dllllcribed In LIMITS OF IN-
SURANCE (SECTION III): and
(2) Our right and duty to defend end when we
have used up the applicable Imlt of
insurance in the payment of judgments Dr
settlernem. under Coverages A Dr B Dr
medical expen... under Coverage C.
No other oblgation Dr IIablity to JWIt auma Dr
perform actI or services ill covered unleaa
expIcI1Iy provided for under SUPPLEMENTARY
PAYMENTS-COVERAGES A AND B.
b. Thill insurance appliea to "bodily Injury" and
'property damaga' only if:
(1) The 'bodly Injury" or "property dam. ill
C8l1Bad by an "occu"""ce" ... Ia.... ""'ee
In the 'coverage t......ry"; .....
(2) The "bodily Injury" or "propelty damage'
DCCUIB during the poley period.
Co Damlll/W beca.... of 'bocIIy injury" Include
damagw c:IIIIrned by any paraon or OlgIInIDlion
for care, to. of SeMcee or cIaath RlIUIlInll III any
time from the "bodily InJury.'
2. Exclu........
Thia inauranca doea not apply to:
.. Expected or Inlanded InJury
'Bocllly Injury" Dr 'propelt)- dalllllllfl' ellfI<<l8d or
intended from the atandpo/nt 01' the insured. Thill
axc:lualon does not ~pJy to "bocIJy Injury"
raaulling from the lI88 of _nable force to
protact paraons or property.
It. Contlaclual Uablllly
'BodIIy Injury" or "property dam,- for whIcII the
Inaured Is obligated to ~ dIImage. by _n of
th. _umplion of IabiIIIy In a contract or lIlIree-
menl ThIa exduolon does not apply to labilily .far
damagea:
(1) Th81 the insured _uId h_ In tha abaenca
of tha conlr8ct or lIlIreement; or
(2) Aaaumeel in a contrect or -areemant th81 ia
an 'Insured ccintrect." provided the 'bodly
Injury" Dr 'property damage" DCCUIB aub-
sequent to the Bllecutlon of the contnlct or
agreement Solely for the purpoaaa of labilily
_meel In an 'lnaured contract:
reasonable attomay ... and n_ry
liligallon expell8a Incurred by or for . ponty
olller than an inaured are deemed to be
damagw becell88 of 'bodIy Injury" or
"property damage: providad:
ea) liability to such party for, or for tha cost
of, thet party's dllfallft ha aIao been
_umeel In the _a "lnaured conlrac:t":
and
CG 00 01 01 96
Copyright, Insuran8!l1~.5 Offlca, Inc., 1994
Page 1 of 13
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(b) Such attorney fees end litigation
expenses are lor defense of that party
198in-' a <<:Ml or aftern8live dispute
tll8Cllution proceeding in which damagea
10 which this insurance applies are
aleged.
c. liquor U.blllty
'Bodily injury" or 'property damage' for which any
Insured may be held labia by re8&On of:
(11 CaU8lng or conlribuling to tha intoxication of
any penion;
(21 The lumi8hing of alcoholic bweragas to a
peraon unclet 1M legal dJinlcingaga or under
ilia Inftuance of alcohol; or
(3) MY alula, ordnance ot t1llfulation relating
10 lIIe ..... gill. dislribution or UII of
alcoholic beverages.
Thia axclu8lon applies only if you ara in Ilia'
buUl-. of manufacturing. dialribuling. aelling.
MIVing or 111I1)iahlngalcoholo beverages.
d. Wollla,.' Compenaatlon and Similar I.Alws
Any olllgan or lIIa inaurad under a worka,.'
oompaMa\ion, dlqbjfty banaIiIa or un~
manl companaation law or any limlar law.
.. Employe,.s Liability
'Bodily Injury" Ie:
(1) An 'employea"' ollila Insured arlllng out 01
and in tha COUII8 01:
fa) Employment by thalnsurad; or
(b) Performing duties talated to tha conduct
or thalnaurad'a buaIn...; or
(2) Tha apouse. chid, paren~ brother or aislar of
thlll'employ..' as a consequenca of para-
graph (1) above.
Thla exdualon appl..:
(1) Whelhar tha Inaurad may ba Iiabla aa In
amploy&r or In any other capllCily, and
(2) To any obligation 10 ahara damagaa with or
repay aomeona .a who musl pay damag..
bacau.a of the Injury.
Thla lIlCdullon do.. not apply 10 liabilily _umed
by tha Inaurecl undar an 'inaurad contract'
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f.
PoIlullon 0
(1) 'Bodil)' injury" or 'PfOpef\y damaga- arising
out of tha actual, aJIeged or lhrealenad
diacharge, cf.plllUI, _page. mlgl'8lion.
ral_ or _pe of poIuIanla:
fa) At or from lilY PflmII8s, tile or location
which ia or _ at MY time owned or
occupied by, or rentad or loaned 10, any
Inaured;
(b) N. or from any pr..-,'" or IDcation
which Ia or _ at any time uaad by or
lor any lnaured or olh_ for the
hanclng. atoraga, cliapoaal. PfOC ming
or lrealmant of W8\e;
(e) WhIch are or ware at' any tima
trenaportad. handled, atorad, treatad,
dispolld of, or plOcaaaed .. __ by
or for any irmIrad or any peIWOII or
organlzalion for whom you may be
legally raaponalble; or
(d) At or from any pram..... ... or Ior:ation
on which any lnaurad or 8IlY contrac:lDtlI
or aubcontnlclll.. woddng cIreclIy or
Inclreclly on any m.utMl'a beh8II .,.
performing opandlona:
(l) If tha polluJanla are brought on or to
tha premia-. 8118 or location In
connection wIlI1 ~ch operation by
such lneurad. contrectur or llUb-
conlrllClor: or
(II) II tha operatlona are 10 teat for,
monitor, cr.an up, remova, con-
tain, treal, delIlIdIy or newalu, or
In Iny WrfIJ r..pond \D, or _
tha .- or poIIulanta.
Subparagraph (d)(l) cIoaa not apply 10 'bodlly
Injury" or "PfOpef\y damage' ariaIng out 01
tha aacape of fUala. Iubrican\ll or othar
operating ftulcls, which ara naadad to
pellorm tha normal oI.clJlcal. hydrauic or
mech8n1c81 fUncllona nac:aaary for thl
operation& of 'mollila equipment" or . perla,
If luch fUala, IubllCanla or other operallng
ftuida 88C8pe from , vahlcla pert daalgnad 10
hold, 810.. or ...-. tham. TII. IIlIQpIIon
do_ not apply If lilt fUala. Iubl1c8nll or olhar
oparaUng ftulda art Inlanllonally dkhtrgad,
cIiaperaad or ,.,...we!. or I auclI fuala,
Iubllcanla or olhar operating Il\iida are
brought on or 10 tha pn.miI.., aila or
location with Intent 10 be diachargad,
d1aplllMd or ,.'1 nad .. part of tha
operaUona baing patformed by auclIlnaurad.
contrectur or aubcontrllClor.
CG 00 01 011'
Copyright, Insurance SeN1ce8 Office, loc.,1984
C-1223
Pall' 2 of 13
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Subpw8grepha (a) and (d)(l) do not apply to
'bodiy injury" or 'property damaga' arielng
out of heat, amoka or rum.. from a hostile
fire.
I>a used In thie exclusion, a hoetile fira m_
one which becom.. uncontrollable or breaks
out from whenlllwaslntended to be.
(2) Any Iota, coat or mcpenae arialng out of any:
(a) Requeat, demand or order lIIat lIIIY
lnaured or olh_ _ for, monitor, clean
up, remlMl, contain, treat, cIelOllify or
n~, or In any w.y reepond lD, or
__III. e1fecta of polutanla; or
(b) Claim or suit by or on behalf of a
governmental authority for dam.. .
bec8uee of testing lor, monltollng,
c1e8lling up, removing. containing.
lredng, detallifylng or neutrelzlng, or In
anyWII)' _ponding to, or __ng the
eIIecte of polut8nl1l.
Polutante me.na any aOid, liquid, g...oue or
tharmellrrllent or contaminant Including amok.,
vapor, ...01. rum.., lICkle. lllkafill, chemic. end
WIISte. Wll8la Incluclee matedele to be recycled,
reconditioned or recleimed.
II. A1rcrllfl, Auto or Watercraft
.Boclly Injury" or .property damage. arielng out of
the OWIl8l8hIp, meintenllllC" uee or entrunnant
to 011I_ of any elrcrelt.. 'auto. or WlIlercr8ll
owned or operated by or rented or Ioanad to eny
ineurad. Use Includes operation end 'loading or
unloading.'
Th.. excIueion does not apply to:
(1) A watercraft while aahore on prem..... you
own or rent:
(2) A watwcrall you do not own that ill:
(a) Lese lIIan 26 feet long; and
(b) Not being ueed to carry persona or
property lor a charga;
(3) Parking an 'aulD' on, or on the ways nex! to,
premises you own or rant, provided the
'auto' is not owned by or rented or loaned to
you or lIIe Inaured;
o
(4) Uabllily .aumed under any 'Inaurad
contracl" for the ownerahip, maintenance or
use of alrcr8ll or WlIIwcrall; or
(5) 'Bodily Injury" or .property damage. ariainll
out of the opendkln of any of the equipment
llated In paragraph f.(2) or f.P) of the
dellnitlon of.mollle equlprMnt.'
h. Mobile Equipment
'BodIly Injury" or 'property damage' arialng out of:
(1) The hneporlallon of .moble equlpmenr' by
an 'wto. owned or operetecl by or IIlntad or
loaned to any ineured; or
(2) The use 01 'moble equipment" In. or wl1Ie In
practice for, or whla being preparad far, any
prearrenged racing. epeed. demoIlIon or
atunting activity.
L W.
'Bodiy Injury" or .property dlllllage' due to war,
whelllw or not declared, or any act or concition
incident to war. War IndudM civI _, irrsur-
reclion, rebeIion or revolullon. Thie 8IXclueIon
epplles only to liability .-umed vnder a contract
or agreement
J, Damage 10 Property
.Property damage' to:
(1) Property you own, rant or occupy;
(2) Prem.... you .... rIVe wntt or abandon, iI
lIIe .property damage. an.- out 01 eny part
of thoae premlees;
(3) Property Ioanad to you;
(4) Personal propetty In lIIe care, cuetocly or
control of the Insured;
(5) That partlcular part of 1811I property on which
you or Iny contractors or lubcontractors
working d1redly or indirldly on your behlll
ere performing opelllllona, r the 'property
damage. aria. out of ~ operellona; or
(6) That perticular part of any property that must
be restored, rapaired or ~ bec:aual
.your work" _ Incorreclly performed on it.
Peregraph (2) of III.. exclusion _ not apply Ir
the prem.... ale "yoUr work" IIld _Ie n......r
occupied, rented or held for rental by you.
CG 00 01 01 96
Copyright, Insurance Services Olllce, Inc.. 1994
~ ,2l!!jl
Page 3 of 13
Parllg,apha (3). (4). (5) and (sQ thlo excluoion
do not apply 10 labiily assumecl under a sidetrack
agrellmenl
Peregraph (6) oIlhls exclusion does not epply to
'ptOf)etly dlllll8G<t' Induded In the
'prollucls-eompltlled operations hllZllrd,'
Ie. Damag. to Y""r Product
'ProIlBrtY damege' to "your product' erilllng out of
itoreny pert of Il
I. Oa"'''IletoY""rWork
'Property cIllmall8' to "your work" erising out of it
or any pert 01 it and Included in the 'produc15-
complelecl opertllions h8Zllrd. .
This exclusion doee not epply if the dameged
worlc or the work out of which the dem.ge erlles
_ perfllRlllld on your behelf by a
8ubc::ontraclor.
m.DantllDe 10 Impelred Property or Property Not
Phye....11y Injured
'Properly dIImage' to 'impeired property" or
properly thai hee not been physiclllly Injured.
an.Ing out of:
(1) A. deIec:l, dellclency, lnadequecy or
dlllgllOua conaltion In 'your product" or
'your work"; or
(2) A d4Uy or f8IIura by you or anyone acting on
your behalf to perform a contrllCl or
aglll8lll8l1tln accordance with ill terrne.
Th. 8llduIion do.. notepply to the 1081 of use of
olh... property arIIlng out of sudden end
IIl't'Jenl8I phyllCIII InJul)' to 'your prodUct" or
"your work' IIbril hee been put to b Intended
Ule,
n. R_II of Products, Work or Impaired
Property
Dernagee cIeImed for eny lo88, coet or 8lCp8llIllI
inC\lmld by you or othtn for the Ie.- of UN,
wlhdr8W8l, recaI, inepec:tion, repair.' /1lflIal*""1l,
edjll8tm8nl, I1lllIOVII or cIapoaaI ot.
(1) -Vour product";
(2) 'Your work'; or
(3) 'Impelred property";
If SUch product, work or PlOperty Is wIlhdlllWl\ or
rllCllled from !he market or from u.. by any
pe...xl or orll8niz8lion because of . known or
a~ d8f8cl, dlllclency, Inadequacy or
c1angeraus condlion In It
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Exclusions Co thQh n. do not apply to c1am"ll8 by
fira to prem.. while r.nled to you or temporarly
occupied by you wilh pennialllon of the owner. A.
leperate IimIl of Inaulllnce applll8 to lhla CCMlrage ..
described in UMITS OF INSURANCE ($ecIIon 11).
COVERAGE B. PERSONAL AND ADVERTISING
INJURY UABIlJTY
1. Insuring Ag....m.nL
L W. wi ~ thOM IUmathtll the Ill8lII'ed becom..
Iegoly obligelecl to JIIIY _ eta_!!!"'. bec8u8e of
'pe~e1 injury" or 'adwlrllelng Injury" to which
Illls inauranca appi.. Wa wlhwe Illa .rIght and
duty to defeIld Ille inaured JlglIinet any 'aull"
seeking thllM damagee. H_. _ wI.r-a
no duty ID defend the lneured aglinal an)' '1Uil"
eeelcing clunagea for ope_nel Injury" or
'advertising Injury" to which 1hI8 lilsunmca d088
not apply. We mBY lit our dillcrelion Inve8llgate
any 'occurrence' or olfanM and aelIla any delm
or 'aurthtll may rlltllll But
(1) The al1\Ount _ wi p.y for cIllmages Ie
UIllIled .. deectIIleCI In UMITS OF
INSURANCE (SECTION 18); and
(2) Our right and duty to defend IIhd when _
have usad up the applcabla Imit of
lnaurance In the payment of JudgrnenIa or
HIlIernenla under Cove" A. or B or
maclcal 8Illp8na.. u!'l* Coverage c.
No olh" obllgetion or IabIiIy to pay tURl8 or
perform acta or uNlc:ee Ie covered unl_
expIclIIy provIcIad for undar SUPPLEMENTARY
PAYMENT -COVERAGES A AND B.
b. Thle lnaurance appI_ to:
(1) 'P_nel injury" CIlUMd by an olI_e
ariling out of your ~ 8llduclng
adver1ising, publlelllng. broacIc8aIing or
w-tlng done by or for you;
(2) 'AdY8IlleIng Injury" causad by III olIen..
commllladln Ille COUlU of acMri8ing your
goods, producta or servicaI;
but only If the offen.. _ commilled In Ille
'_age lenllory" during Ille poley period.
2. Exclualona.
Thlo inaulanca doa8 not apply ID:
a. 'Pansonal injury" or 'adverOllng Injury": .
(1) Arialng lIut of oral or wrIIten pubicelion of
mlllarW. If dona by or tll thII ~n of thII
lnaurecl wilh knoo.vlldge of lis feIIIly,
CG 00 01 01 II
Copyright. Insu18nC!' Services OlIIce, Inc., 1994
C-1223
Page 4 or 13
"..."'~,
o
(2) ArisIng out of oral or written publication of
malerial whoee filllt pubflcation took place
before the beginning of the policy peOod;
(3) AriIllng out of the willful vioIllllon of a pen"
Ilatute or ordinance commltled by or with tile
conMnt of thalnsured; or
(4) For which ilia Insured hn _umed liabily in
a contract or agreement. this exdllllion do..
not apply to liabily for damag.. that the
mured would have In the at.enca of tha
conblCt or agreement; or
(5) Ariaing out of the actual, lIeged or
thr_ed diacharge, dlepe<ul, __,
migndlon, ,..... or ..cape of poIutante at
anytima.
b. "AdV8rllalng Injury" arillng out 01:
(1) B,eech of contract. other than m..ppr....
prlllllon of acl'lertieing Id_ under an impled
con"-d;
(2) The ~re of gooda, pro duels or aervlces to
confonn with adYeIllsed qualil)l 0'
performance;
(3) The wrong deecription of \he price of goode,
producta or aenoices; or
(4) An offellM commilled by an maured wh....
bu.ln_ Ie ~rtiaing, broadcaling, pub-
bhlng or \eIecaalIng.
c. Nry 10" c:oet or elCp8fIS. eriling out of any.
(1) Request, demand or order that any ineured
or othellllest for, monRor, clean up. remove,
contain, treet dotmdfy or n.utrallze, or In eny
w.y respond 10, or __ th. 81f~ of
potutan..; or
(2) Claim or suit by or on behalf of a govern-
menial authority for damages because of
lasting for, monitoring, cleaning up, remov-
ing, containing. treating, deloldfying or
neutraizlng, or in any W8'/ ,..ponding to. or
__Ing the a1facls of ponutants.
PoIIutan" means any 8OId, Iquid, gaaeoua or
thermal irritant or contaminant including amoke,
vapor, eoot, fumes. acids, alkalis, ch~ and
wala. Waste Includes materials to be recycled,
reconditioned or reclaimed.
COVERAGEC.ME~ALPAYMENTS
1. Inaurlng AGreemenl.
a. We wII pay mecflCaI expenees .. deocribed
below for "bodly InJliry" cauled by an accident
(1) On prem... you own or rent;
~,~~"
,'.
" .-,
"".'<~-""~",i,"
o
(2) On ways next to prel'lli5ft you own or rent
or
(3) Beceuaa of your opetlllione;
pl"O'lided that
(1) Tha accident IIIk.. place In th. 'coverage
laIIitory" end during the poley period;
(2) The expen_ ere Incurred and reporled to
ua within one ye... of the dale of the
eccklen!; and
(3) The Injured per.on aubmila to aamindon,
at our axpetlM, by phy*I_ of our choice
.. DIlen .. _ _nably require.
b. We wII make th_ paym_ ..~ of fBult.
Thaae payments will not IIlICHCI th. eppIIceble
imIt of insurance. W. wi ~ r_nabla ell-
_ror.
(1) Firat aid adminiotered at the lime of en
accident
(2) Nac:eaary medical, surgical, X-f1I)' and dental
MlYlces, Inclucing proethalic ~ and
(3) Nac:eaary ambulance. h~ profeaalonal
nur.lnll and funeral........
2. Exclusion&.
We will not PlIY expen_ for 'bodIy Injury":
.. To any Insured.
b. To a perICII hired to do work for Of on behalf of
any insured or a tenent of any insured.
c. To a pelllOn InJurad on that pelt of pram... you
own or rent thai the person normally occupl-.
d. To a palllDn. whether or not en 'employ.." of any
inaured, if benel\la for th. 'badly Injury" are
payable or muBl be provicIed under a _rlcelll'
compenuUon or ....biIily benellta law or a aImller
law.
e. To a person Injured willa laking part In alhlellca.
f. included within Ihe 'producta-c:ompleted op-
erationa hazard.'
g. Excluded under Coverage A.
h. Due to war, whether or not declared, or any act
or condillon Incident to _. W8I Includes cIvtI
WOIr, Insunaction, rebellon or l'lMlIutkm
CG 00 01 01 96
Copyright, InsuranCe Services gmce, Inc., 1994
~1lm
Page 5 of 13
- >,
SUP~LEt.lENTARY PAYMENTS - CO~GES A AND
B
We will P8Y, wilh respecllo 8ny claim we investigale or
sellle. or Iilny"suit" against an Insured we del"end:
1. Mllllpllnses we incur.
2. Up III $250 for cost of ball bonds required because of
ecclc3ents or lr8IIic law violations arising out of the use
of any ...h1c1e 10 which the Bodly Injury Uabi1ily
eov_Oa .pplin. We do nol have 10 furnish these
bonlla.
3. Tha coat or bonds 10 rele... e\lachmenlll, but onll' for
boncl amounts WIthIn lIIe .ppliceble imil 01 Insur.nce.
W. do not h_Io fumlsh thes. bonds.
4. All r.....n.ble expen_ incurred by the Inaured III our
request to ..... u. in III. investigation or cIelense of
the tIaim or..lII." Including actual I... of e.mings up
to $:250 . day becawe of time 011 from wall<.
5. AI COlIs \al(ed agalnallhe Insured in lIIe '.uit..
8. Prajuclgment Intluest __rded .galnst the insured on
thlll part of the Judgment we pay. "we m.ke .n 0II8f
to P8Y the .ppIicabIe bit or insurance, we wi! not pay
any prejudgment Interest based on thel period of lime
aftet the olIef.
7. M inl8felll on the fuI .mounl of IIny jUdgment that
IICCfUllS eller enlly 01 the judgment .nd bet"", we
h_ paid. olIered to pay. or depoailed in court tha
p8rl of tha judgment ilia! is wllhln the applicable Imlt
of lneurlnce.
These PlYmenlB wi not reduce Iha Imlla 01 insur."ce.
If we cleland.. Insured against a 'suit" and an inclemnilae
or th. l'*Iredia lIIIeo n.med as II party to the'auII,. we wi
cIel.nd thlll: Inclemnllee W .. of the loIowing conditions ara
met
L Thl 'sul" aoainal1ll. Inclemnit.. ...ks dlmlgee for
which tha Insured has ..umed thl liabiily 01 the
Indemnlte. in a oonlrac:t or egreement thlll: . .n
-insured contracr;
b. This Insurance .ppIies to .uch liability asaumed by th.
ins\lred;
Co Thlllobfigation to defend. or 1IIe coat of tha defaMe of,
that Indemnllee, h_ allo been asaumed by th.
lns\Ired In th. ..me "lnaured contract";
d. ThIt .Oall_ in thlll '..,;r and th. Information we
know about 1111 'occulTence" are such !hili: no conllicl
.Pl*llll to ellist bfiI....n thl Interesll of 1IIe lneured
Ind th.lnl..... ofthllndemnltee;
,'",-
'i',,~,- "&~~ --'lUl~.\i'1\\l,'_'k;
.. The Ind.mnll..Qd the Insured 88k us to conduct
and control ilia delenoe 01 ilia! Indemnit.. '"ll8insl
such 'suit" and IIgree !hili: we can assign tha ume
counsel 10 delend the inaured and lIIe indemnitee;
and
f. The Inclemnllee:
(11 AQr_ln writing to:
(., Cooperate with us In the In-'igation.
aelIIement or del.Me of tha '..,;r;
(bl Immedl8l8ly aend ua coplea of any demands,
noticea, aummo_ or IegIII pIlpelll recaiYed
In connaclion with !h. 'sur;
(el Notify Iny other Insurer whose COVlIrall8 Is
IYIlIable to ilia Indemnllee; and
(dl Cooperate with us with reaped to coordi-
nating othar ~bIe lrwurarlC8 8YllhIble to
lIIe indemnitee; and
(21 Provides w with wriIIen authorization to:
(al ObleIn recorcla end other Informalion reIeled
lD Iha ....r; .nd
(b) Conduct .nd control 1IIe clefenae of th.
Inclemnltee In euch "suit."
So long.. tha aboVe condition ara mel, ~ fan
Incurred by 118 in thl cIelense of thellnrlemnllee. neu.sary
iligation expe.... Incurred by us and n...-ry IilIgatIon
.....".. Incurred by 1IIa lnclemnllee III: our AIllUelII WI be
paIcl _ Supplemenl8ry Payrnenla. NoIwIIt.elIInclng Ill.
proYiIiona of Plfllllraph 2.b.(2) of COVERAGE A -
BODILY INJURY AND PROPERTY OAMII.GE UA8IUTY
(Secllon I - ClIY8f8gea), lueh paymenta WI not be deemad
to;blt c1emllll88 for 'bodiIy Injury" and "property c1emllll8'
Ind WI not reducalhe ImIla of Insurance.
Our obligellon to cleland IIn lrwured'a Indemnllee and to
pay for attomeys f_ and n-=-ry iligation expenaea ..
Supplernenlery PaymenIB ends WIlen:
L We h_ uaed up lIIe Ippliceble Imil of Inaurence in
III. payment of Judgmenla or aeIIlemanla; or
b. Tha condllons aet folth, above. or the terms of the
agre.menl deaclibecl In plIflIgr8ph f. above. are nof
longer met.
co 00 01 01 t6
Copyrighl, Insuranc!e SeMen omce. Inc.. 1094
C.1223
Palle' of 13
o
SECTION I-WHO IS AN INSURED
1. If you ere deslgneted In the Oeclaretiollllll:
L An inclvidull. you end your spouse ere IllIured5,
but only WIth respect to the conduct of e bu.in_
of which you ere the sole owner,
b. A pa/lntnhip or joint venture, you are an insured.
Your niemb8re, your partners andllleir 'IPl"1I"
ere. ello insUreds, but onl)' with r.pec:t 10 the
conlluct of your bulin_.
Co A Iitn_ Isbllly company, you are an Insured.
YoUr members .,. elIo insureds, but oM! with
r~ III the conduct of your bulin-. Your
meil,.g,n _ Insureds,. but only WIth respect to
lIlelr diltles _ }Our menegl!ll1i.
d. An .. 0IQ8IIkelI0n oilier Ihllll a perlneMP, Joint
venture or ImiIed IebIity company. you er. en
Ineilied. Your "_ulIve oflicers' end directors
....i~uredll. but only WIth respect to their duties
... Your ollie.,. 0' directo... Your R1ckholdela
et.i lilSo lnsureda, but only with r..pect to their
1ia~'..IItOCkholders.
2. Eech otth. following III eIeo en insured:
.. Your '.m~es" other then your "1IXeCUtiIIe
oIII!lenl: (If you ere an otgeniZetion othar thml e
peline..hip, joint venture or 6m_ Iillbili\y
co~""ny) or for your men"lllQ (if you are a
lNn~ecllatlllly company), but only for eela WIIhin
th.!, scope of their employment by you or whI8
pelfOI1\'lIni! duties releted 10 the conduct of your
buSin_, However, none of these "employ_" III
en.inaw.d for:
(1) "Bodiy injury" or "pereonal Injury":
la) To you, to your pertnel'l or memblKa (if
you ere e pNtnel'lhip or joint venture).
to }Our members (if you are e Imned
.ablity company), or to a co.'employee"
while that COo"employ.." is either In the
COU"", of hill or her employment or
performing duties related to the conduct
or your busin..:
Ib) To the spouse. ch6d, parent, brother or
lister of that co-"employ.." .. a
consequence of peragraph (111a)
ebove;
(e) For which there Ie eny obligation to
share damages with or repay IIOmeon.
..... who mUll pay damages because of
th.lnjury deacribed In peragraphs (1)la)
or Ib) ebove; or
(d) Mslng out of his or her proYklng or
failing to provide profesaionlll he8lth
car. servicn.
". l..~
"'-",'-,,',JI'
~ W0~tr"
o
(2) "Property damage" to property:
lei OWned, occupied or UIed by,
Ib) Rented 10, in lIle care, euelady Dr con-
trol of, or IM!t" which phyIicaI control is
being exercised for any purpose by
you, eny of your 'em~' or, if you ere a
partnership or Joint venture. by lIII)' partner
or member.
b. Any pe_ (other then your 'employee"). or any
organiZation whla ac:1Ing .. your reel _
mllll8llfll'.
Co Any peISOn or o~n h.-Mg proper
temporary cuelody of your pro~ If you de, but
only:
(1) WIth _pect to "billy arIIInll out d the
mainten8ltce or 11M of that property, end
(2) Unll your Iegll repr_ntaIive h_ been
appointed.
d. Your legal repr_I.tWIe If you die, but only with
_pect to d_ _ such. That repr.'..W.... will
have el your rights mid dutlea und8r lhilI
Coverage Pert
3. WIlh respect 10 "mobile equipment" I~.sd In your
""me under eny motor vehicle ~~""'" laW,eny
person III en Irwured whI8 driving 8UCh equipment
along a pubic hlghwuy with your permtsatCln. Any
other peISOn or OJllllnlzadlon ~ for the
condud of such penon /I ~ en iMunld. but only
with respect to "billy eriBlng out of the operetion of
the equlpm.nt, end o~ if no other I_mice d eny
Iclnd III ..,.bIe to that peISOn or orllllnialion for th..
liability. H_, no pem>>n or orgenDtion /I an
maured with respect to:
L "Bodiy Injury" 10 . COo"employee" of the peIIIOn
drMng the equipment or
b. "Property dam8ll8" to property owned by, rented
to, in the cherge of or occupied by you or the
employer of eny palllOn who III en Insured under
thie provision.
4. Any organiZlltion you newly acquire or form, other
than a pertntnhip, Joint ventu.. or imlled liabilly
company, end _ which you maintIIin lJWIIenthlp Dr
majority In....... will quelfy . . Nemed Insured if
there III no other limller iMunmce lMIII_ 10 thlll
orllllniZlIIion. However: '
L eowr. IInder lhII provision /I rrfforded only
untlthe IlOIh day aIt8r you .cqulre or form the
orgsnizlllion or the end of the poley period,
whichfNer III ..~ier;
CG 00 01 0196
Copyright, Insuran'ce Services Office, Inc., 1994
~1\22ll
Peg. 7 of 13
.,
b. Coverage A. does not apply t9bodiy injury" or
"property damage" that occurred before you
acquired or lormed the organization: and
c. Coverage a cloetI not apply to 'peraonalInJury" or
"advertising injury' arising out 01 an ollenae
committed before you acquired or formed the
organization.
No peraon or organization is an Insured with respect
to the conduct III any current or pact PBIlnersll1p, joint
ventura or ImllW Ia_ compeny that ia nol shown
as a Named Insured In the Dec:larationa.
SECTION" . UMITS OF INSURANCE
1. The Umlta oIlnSUlllnce Ihgwn in thl Declarationl and
the rules below fix the moll we will pay regardlesa 01
tha number of.
L lnaureds;
b. Claims made or "sllila. brought or
c. PenIOnl or organizations making daims or
bringing "sulta.'
2. TheGenllnll Agglegate Limit is Ihe moat we will pay
far the 8um of:
L Medic" .pen... under Coverage C;
b. Damages undar Coverage A, except damages
because IlI"bodil)' injury" or "properly damage"
Indueled In the "produclll-compleled operations
hllZJlrd";and
c. Damagea under Covelllge B.
3. The Producta-Compleled Operations Aggregate Limit
is the moll we wtI p.y under Coverage A lor dame,,"
becaun or 'bodily injury" and .properly damage.
Indueled In the "produclll-compleled operations
hazard."
4. Subject to 2. above, the Peraonal and Advertiaing
Injury Umil is "e moll we wi pay under Coverage B
lor tha sum 01.. damages because 01 aU "peraonal
Injury" and al'llCIIIertiainll injury" sustained by anyone
. penson or organization.
S. Subject to 2. or 3. above, whichever applies, the Each
Occurrence l.ItnJt II the moat we wi! pay lor the sum
of:
a. DamllllllS undel Coveraga A; and
b. MedicallllCpe...... under Covlllllge C
beCllU88 oIal "bodil)' Injury" and 'properly damage"
arlllng out 01 any one "occurrence..
,,,,,"
.........'> ",,~ i_ j
C__",,;ci.;;,
",' ~
,'" "ifi;
8. Subject to S. Sle, the Fire Carnage Umit is tha
most we wi pay under Coverllge A lor damages
becaU88 of "property damage' to premises, while
ranted to you or tempolllrlly occupied by you with
permisaion of the owner, arialng out of lIIlY one fire.
7. Subject \0 5. above, the Medical Expense Umit ill the
moat we wi! pay under Coverage C far .. medcal
expenses because 01 "bodily Injury" euatained by any
ana person.
The l.Imlls of Inaurance 01 thia C..-- PIIIt apply
aeparalely to each conuctllllM annuli period and to any
remDing period 01 ... than 12 monlha, alIIrtlng with the
beginning 01 tha polic:y period lIhgwn In the. [)ecIlI....ona.
unlesa tha polic:y perlocI '- extaneled 8Il8r lMuance for an
adliIIonal period 01 .... than 12 monk In that _. the
adliIIonal peIIod wlI be deemecl part of the Ieat preCeding
period lor plIlJllllIIIS 01 ~inlnll the LbnIIa oIlnaul1lnce.
SECTION IV - COMMERCIAL GENERAl. UABIUTY
CONDITIONS
1. Bankruptcy.
Bankruptcy or In""""'ncy of the Insurecl or 01 "'e
inaured's ...... will not relieve ua 01 our oblgatione
under thm Cov_lIe Part
2. Dulles In The Event Of Occu..-. Offenae,
Claim Or SulL
L You must _ \0 I that we are n01ilied .. soon all
practicable of .. 'occunenoe' or an ollansa
whlch may result In a daim. To the extenl
poa/bIe, nolfce ahould include:
(1) How, when end where the "occurrence" or
011_ took p1_;
(2) The nam_ and addr_ 01 any injured
peraona and wftneaes; and
(3) The nature end location 01 any injury or
damage ariling out 01 the 'occurrence" or
ollen".
b. \I a claim m made or "suit" m brought againat any
in8llred, you muet
(1) Immediately record the apecllIca oItha claim
or "aul" and the date receivecl; and
(2) Notify .. .. 800n .. practicable.
You muat _ \0 It that we receive wtItten notice
of the dalm or "suit" es 800n .. prae1IclIbIe.
CG 00 01 01 t6
Copyright, Insurance Services Qlfice, Inc., 1994
C-1223
Page. of 13
..'
I r_
I'~,,>.,
.. "" ~'''''',. . '4 '
""""'';,J",,,,,,~,,;. ' '"'
- '--'f~
o
Co You end eny other inYlllved insured must
(1) ImlT1ediately ..na us copies of any <lemancls.
notices, summonses or legal pape.. received
in connection willi the c:leim or "suit";
(2) Authorize us to obtain records end other
InformBlion;
(3) Cooper. willi us In the invesligBlion,
HIllern.nt or def.nse of the cteim or "ault";
end
(41 AaaIsl us. upon out request, in the
enfo_ent of any right llllalnsteny pa_n
or organization which may be lable to the
Inlured because of injury or clem.ge to
whlch IIdllnsurance may alllo apply.
d. No lnsurecll wi, except at their own coat,
voIuntsrly make e payment, ilium. .ny
obligation, or Incur eny expense. other than for
IIIel aid, without our conunt.
3. Legal Action Against Us.
NOpelSOn or Organization h_ . right under thill
CIIVIlrIIgIl Part
L To Join us . a party or oth.rwise bring UI Into a
"sull" asIcIng for damages from an Insured; or
b. To au. us on this Cover8g1 P.rt unl_ .. of a
\elms h_ been fuIy compliecl willi.
A paraon or organlzlllion mil)' .ue us to recover on an
lIlIreed .......m.nt or on a IInal juclgment .geillll an
Insured obbllnlJCf _r an actual \rial; but _ wiI not be
labla for aamages that .r. not payelll. under Ill.
ItlmIl of this Coverage Part or that ar. in IIXCeII of ilia
.pplicable Imlt or Inlurance. An agreed se\llem.nl
means.. seIIl.,.,ent and r...... of liabilly signed by
II&, the Insured end th. c:laimant or Ihe daimanfs legal
repr_nla""".
4. Othar Insuranea.
If other valid and coleclible Insurance is lIY.ilebla to
Ihelnaured for a 10.. _ cover under Coverages A or
B of thlsClMlregl Pert. our obigationl Ira ImKed a.
followa:
L Primary In.uranea
Thill inlulance is primery except when b. below
eppli.... If thill insurance is primery. our
obAgatlone 11I8 not alfllCled un..... any or the
other inaurence II alllo primary. Then, WI will
share wilh IIlI that olher ineuranca by 1lI1 mllthocl
deecribed In Co below.
o
b. Exceu In.ura_
This lneurlnce Is lIllCeU over any of thl other
in.urlnee, whether primary, exc-. contingent or
on any othll" balls:
11) That Is Fire, Extended C~, BuIcIer'.
RIIk. InstaIIatlon Risk or almlar coverage for
"your work";
121 That Is Flra Insurance for prem.... ranled to
you or tamporerly occupied by you with
permluk)n of the owner. or
(3) II the IoIa ans. out of the maintenance or
11I8 of aircrelt, "autoa" or wateo~.rlto the
_t not aubject to ExduIIon g. of
Coverage A (Sec:IIim I).
When this lnaurence is -. _ wi "- no
duty under Coverll\lll A or B to defend the
insured agalnst any .ault" r anyothllr InsUI.. h8I
a duty to defend tha lnaunMIlllllllnat Ihat ....... If
no other Insurer defende, _ wlicunclllllab to cIo
10. but _ wID be anlitled to the Insured'a rIghta
against alllI_ 0111... mur-.
When IlII1 IllIUlllnca ill _ lMIr olher
inllII'8nce, _ wi pay only our ahara of the
amount of the '-. If any. that Bit!: ..cis thl aum
ot.
111 Tha total amount that .. auch other
insurance would pay for \he IoIa In tha
at.ance oflhla inalIrBnCe; and
121 The total of .. cleduclllla and aar-lnaured
amounla under al1ha\ other Jnauranca.
We wi shara the remaining Ioaa. if any. wilh any
ollllll' InsUIllnCa \hat ill not cleaeribed In this
E>Ic_ Insurance provialon and _ not bought
.paciIicaIIy to apply in __ of the UmlIa of
In.uranca .hown In tha Oaclarellonl of thla
Coverage Part
c. Method of Sharing
If al or Ill. other insurance parma Contribution by
equal alIar_, _ wiI follow this melhocl also.
Uncler \hII approach eedl inaurer contributes
equal amounts unlilll h8I paId.b appIcable lmit
of ins_nce or nona or the Iosa remains,
wllich_ comesli..l
If any of llIe other' insulllnce do.. not pennII
contribution by equal sharea, _ wi conlribule by
~mb. Under this method,each insurill's share ill
based on the ratio of ita applcabla ImiI of
In.urance to llIe total applicable" Imlla of
in.urance of aIIlnaurara.
CG 00 01 01 96
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5. PremIum Audit
a. We wiI compUte ell premiums for this Coverege
Part in accon:tance with our rules and rat...,
b. Premium shown in this Coverage Part ..
advance premium is a depos. premium only. IU
the close of eaell aud! period we win compute
tha earned premium for that period. Aud!
premiums ere due and payable on nlllice to the
lIrat Named Insured. If the sum of the edvance
and sud. prtmlums paid for the policy period 15
greater than the earned premium. we will return
the __ to the tIm Nemed InMlred.
Co The ftm Nemed Insured must keep recorda of
the Informdon we need for premium
computation, end _ us copiee at such times
es we may rllqueat
II. Repr...nlallonll.
By accepting this poley. you egree:
e. The __IS In the OecIaralions are eccur8le
and compl.:
b. Thoae Reltments' are based upon repre-
""latione Yflu made to us; end
Co We h_ ieaued this poley in relenee upon your
representations,
7. Separation or Il\Sureds.
Except with r-.pect to the Umils of Insurence, end
any righla Dr duti.. specifically assigned in thie
Coverage Part to the IIrsl Nemed Insured, thle
Inaurance ep~:
a. Aa j( each NlII118ll1naured were the only Named
Insured; and
b. Separately to each Insured egllinet whom claim Ie
",eda Dr "su~ Is brought
a. Transfer or RIghts or Recovery Against Others
To Us.
II the Insured h. rights to recover all Dr pert Dr any
payment we hllYe mecle under this Coverlge Part.
those righla are transferred to us. The Insured must
do nothlngllller Iosa to Impair them. AI. our requellt,
the insured wlI bring "suit" Dr transfar those rights to
us and help US enforce them.
o
9. When We DO"new
If we decide not to renew this Coverage Plut. we wit
maD Dr deiver to the fil5t Named Insured shown in the
Oeclar8llons writlMI notice 01 the nonrenewal not less
than 30 daya belore llIe expiration date.
If nollce Is mlli1ecl, proof of milling wII be aufIiclent
proof of notice.
SECTlON V . DEFlNmONs
1. "Advertislnglnjury" means injury ariBing out of one or
more of the rollowlng offen..:
L Or" Dr wrillen public8lIon of maleritll Ihat
s1and_ Dr _ e _n or organlz8llDn or
chpar.gaa a person'a or orgUlizallon'e goode,
. producla Dr aeMcea;
b. Oral Dr wrilIen publClltlon of materiel that v101a1ea
I person's right of privacy;
c. Miupproprilltion of advertising idea or style of
doing buain_; Dr
d. Infringement of copyright. tilIe or *'Ilan.
2. "Auto" means a land motor vehicl.. tnilar or lemilralar
cIeelgned for travel on pubic road&, inducing any
attaelled machlnlry or equipment But "auto" do.. not
include "mobile equipment"
3. "Bo<iIy Injury" mean. bodly injury" __ or diae_
sustained by a person. including death _ulang from
any of Ih_ atlny time.
C. "Coveroge Ienltory" meana:
L The Unlled Stales of America (inducing iIs
terrilDriaa end .: _one). Puerto Rico and
Cenada; .
b. Internaaonel wate.. or ....pac.. provided the
injury Dr danIIIglI d.... not occur In llIe C:OUIII8 cf
trllY8l or tranaporlatlon to or from any place not
induded In L above; Dr
c. Aft pal1l of tha wo~d If:
(1) The injury or damage arieee out of:
lal Goode Of produclll made or aokt by you
In the tenlIory deoc:ribeclln.. above; Dr
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(b) The activities of 8 person whose home
ill In the lerritory described in L eboY.,
but ill flWtl'J for a short time on your
businllSll; and
(2) The inlIured's reaponsibilly to pay damages
is deletmined in a "auk" on the merita, In the
territory described In a. above or in a
aetltem.nt w. agree 10.
5. 'Employee' IndUdea a "1e8Hd worker." "Employee"
do. nollndud. a "temporary worker.'
e. "Executive olllc... mea"" . parson holding any 01 the
olficer ~ne cr_ by your charter, conslllu1lon,
~_ or any other aimler governing document
7. 'Impaired pro~rt( m_ne tangible proparty, other
than "your procIuct" or "your work," that cannot be
used or ..... Llaalul because:
L Illncorpor_ "your product" or "your work" that
Ie known or thought to be dalectiYe, del'1Cient,
Inedequate or dengerous; or
b. You heve h;i/ed to lulfillth. lenna of a contrect or
egreement,
W &Uch properly can be restored to use by:
L The repair, raplac:ement adjustment or remoYlll
of "your Pr<lduct" or "your work"; or
b. Your fulllllng the terma of the contrllCl or
egreement
8. 'Insured contreer means;
L A contrllCllor a I.... of premlaes. Howevef, thai
portion of the contrect for e I..se of prem... that
indamnm. any palllDn or organization for
d,,",age by fire to premises whfle rented to you or
temporarily occupied by you with permission of
the owner II nol en "inaured contract";
b. A sidetrack Illlreement;
c. Any e_nt or license agrlHlment .xcep! in
connac:llon with construction or demolilion
operatione on or within SO leel of a raDroed;
d. An obligation. .. required by ordinanc., to
indemnify a municipaily, except in connection
wllh work for a municipality;
.. An elevator maintenance agreement;
"
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f. That part of any other contract or .;reamenl
perblininll to your busin_ (lftdueinll an
Indernnilicalion of a municipelty in connedlon
with work pelformed for . munlclpelly) under
which you _umethe tort IIlbIIily of mlolher party
to PIIY for"bodIy Injury" or 'property dlilMlJ8' to a
third penon or organization. Tort IellilIlr meana a
UBbiIily that would be imposed by _ in the
abe.nee of any centred Of agreement,
Paragraph f, do. notlnducle that part of. .ny
contract or agreement
(1) That Indemnili_ a ralroad for "bodily Injury"
or "properly damage' arIaIng out of
conatruction or demoIilIon opef8lioM, wilhin
50 feat of ""y rallNd property and aIfecting
any ralroad lHldga or ~ lnIcb. road'
bacia, tunnel, underpaaa or c:roaalng;
(2) That indemnifies an architect. IIIlgln_ or
lIUMI)'Or for Injury or damage ariaInG out of:
ea) Preparing, approving or fallng to
prepare or approve maptI ahop
drawinga, opinlo..., raporls. surveys.
IIeId ordeN, c,",nga orders, drawlnga
and apeclllcationa; or
(b) GivIng dirlldiona or IMtruclions, or
"'ngto give them, r that is the primary
ca..a of tha Injury or cIamlIlla; or
(3) Under which the mured, If M ardlIlecl,
llngln_ or surveyor" -..m.. liabiily lor
Injury or damage aliaing out of the insured's
rendering or fdure 10 render proleaaiona/
aeMcea. inclueing lhoae Iated In (2) a_
ancl auperviaory, Inapec:llon or engln_ring
~.
9. .L....ed worker" meana a perwon Ieaaed to you by a
labor leeling firm under an egraemenl betwean you
end the Iobor leaing firm, to perform duUe. raIated 10
the conc\uet 01 your bUlIlnllSll. -L_d _rker" does
. ". not include a 'temporary worker."
10. "Loading or unloading" meana the handing 01
property:
L After k Ie moved from the piece whllAl II Ie
accepted for movement Into or onto an alrcreft,
walercreft or "auto";
CG 00 01 01 96
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b. Whie it is in or on en eircran. .2Craft or "euto"'
,
or
c. WhiIa it is baing moved from an aircraft,
.waterctBft or "lIIIlo" 10 the piece where it is finely
d~ed:
but "Ioeeing or unloacing" does not include the
moYament of property by meanB of a mechanical
devICe. other than a hand lIuck, that is nol a\lached 10
the a11l:r81l, walerCld Dr "auta. "
11. "Mobie equlpmenr meana any of the foltowlng typea
of land vehlcl.... including eny 8llached mechin8l)' or
equl!x1lent
a. BulldozBll. hllm machinery. forldilla and other
VWllcl. dnigned for uae princlpllll1 orr public
"'eels;
b. V"hlclea maintained for uaa Bolely on or next to
premia. you own or ranI;
Co Vehicles thBlltsvel on crllWler Iteads;
d. V8hiclea. whether &eIf.propelled or not,
Rlalnaned primerly to prollide moblily 10
PBnnanently mounled;
(1) P_ eran.... Bhovela. Ioadelll. dggelll or
drill; or
(2) Road conBlnlcllon or resurfacing equipment
Buch _g~ Bcnlpel'8 or roGera;
.. Vehicl. not described In L. b.. e. or d. above
thBl are not aeIf.prOpelled and ere maintained
Prlma~ to provide mobility to penllllllantly
.uached equlpmenl or the folowing typea;
(1) ~r compreMOllI. pumpe and ge_...
including .praylng, welding. building
cleanftg. geophyal'* exploration, ighting
and weU earvlclng equipment or
(21 Cherry pickera end aim~.r dllYices used to
raiaa or lower workelll;
f. Vehiclea not descnbed in a.. b.. e. or d. ebove
maintained primariy for purposes other than the
tranepol1ation of pereone or cargo,
Iiowwar. Hlf.propelled vehlclBl with the
foIowing typee of penllenenlly attached
equlpmMlt are not "mobie equipmenr but wit be
collllldared "autos";
(1) Equipment designed primartly for:
(a) Snow removal:
(b) Road maintenance. but not cone\nlction
or resurfacing; Dr
Ie) Street clBlII'Ilng;
(2) Charry pickel'8 and llimlar dlNica rnountMl
on automobile or truck chaaaia and used to
raIM Dr lower workers; and
. "~'",'~Id' ".'d",,",,,i, '''';'''~'>il~
(3) ~r coOewo... pumps and generator&,
including apJ8Ying, walding. building
claanlng. g80physic:81 explorztion, ighting
and weIIaeMcing equipment
12. "Occurrence" meana an accident, including
continuous or rtpellled ~re to substantially lhe
..me general harmrul condtione.
13. "Pel8onal injury" m88na Injury, other than "badly
Injury: ariBlng out of one or mora of the following
oIIen_;
L F_B arreal, deI8ntion or Imprisonment
b. Maicioua prDB""ution;
c. The wrongful eviction from, wrongful entry Into, Dr
invaaion of the right or private OCCUpmlcy or .
room. ........g or pr.m.... that . ptnOII
oCC\lplea by or on behalf or Ila own.r, landlord or
leaor.
d. Oral 01 wrItIen pubicldkm or mlllANlall thBl
alandel'8 or IibeIa a peraon Dr org8lllz8lion or
cf_parag_ e person" or orll"niZllliDn" goocla.
producla 01 MMces; or
e. Oral or wrIIlen publiClllion or meterlal that-..lollltea
a peraon'. right or pctvacy.
14. "Producta-complatad o,.arellona hazalll":
a. /ncludea .. "llodiIr injury" and "propeny denali""
occurring ~ rrom premia. you own or rent
and eriBlng out of "your produc:t" 01 "your work"
except
(1) Producla thBl we alii In your phyalcal
poaa-'on:or
12) Work that has not yet been complated Dr
abendoned. Howewr. ")'our work" wII be
deemed complated Bl tha ..Iieal or the
following Um..:
(e) When" Dr tha work caled for in your
conlraet haB been complatad.
(b) When" of the work to be done Bl the
aile haa been complalad II your cannet
caIa for work Bl more thlln one jobeita.
tel When that pM or 1I1e work done at a
job alt. h_ bean put III ilalntBPded UB8
by any peraon or Ol'\l~ other
than another co.l1lM;1or or aubcan-
tractor working on tha_ prajec:t.
Work that may need a.NIce. malntenenca.
corraclion. repair 01 replacement. but which .
otheM1ae camplBle, wiI be lrallled .. complatMl.
CG 00 01 0111
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C.1223
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b. Doea not Include "bodily injury" or "property
chtmage. arising out ot.
Ii) The transportation of property, unl_ the
injury or damage ariaea out of a concition in
or on a vehicle not owned or operated by
)'Ou, and the condition _ cruled by the
"loading or unloaeling" 01 that vehicle by any
Insured;
(2) The existence or tools, uninateled equipment
or abandoned or unused materlall; or
(3) Procluct:a or operaUona lor which the
_cellon, hied in the Declarations or in a
policy achedule, &tales thlll producta-
completed operations are subject to the
Generel Aggregate Umil.
15. "Properly damage" meana:
e. PhyWt* Injury to langlllle propel1y, inelucing II
resulting Iou of use of that property. AI such Ion
of u.. ahlll be deemed to occur 81 the time of the
phyalcallnjury thlll causad it; or
b. Losa 01 11M or tangible property that is not
physica~ Injured. N. such loee of U88 ahal be
deemed to occur at the time of the "occurrence"
that caused it.
1&. .Sult" mee.. a c:lvI proceeding in which dama"""
becauae 'Or "bocIIIy injury," .property cI;Imlllle,"
"pe_nal injury" or .advertising injury" to which thls
insul1mC8 epPi.. are alleged. "Suit" inelud..;
e. An atbitralion proceeding In which such damages
are claimed end to which you muat submit or do
submit with our consent; or
b. Any other aftemalive dispute resolution pro-
ceeding In which such dameg... are claimed and
to which)'Ou submit with our conaen!.
'"'"
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17. "Temporaryworkar" meana a pe_n who is fumilrhed
to you to IUbctilule lor a permanent "employee" on
leave or to meet seaaonlll or short-term workload
concitionl.
18. "Your product" meanl:
.. Any gooda Dr produc:lll, other than real property,
manuraclured, sold, han<led, distributed or
diapoeed of by:
(1) YoU;
(2) Others tracing under )'Our name; Dr
(3) A pe_n or organizlltlon whoM bu...... Dr
-)'OU h_ acquired; and
b. Containers Cather than vahIc:Iea), mate,.., pella
Dr equipment furnished in connection with such
goods Dr produca
"Your prodUct" lnelud..:
.. Warranlloa or .__"".... m_ lIlan)'tme\\1lh
rtllplltt to the -.-. quaIly, dunIIliIJ, .....1uImance
or UIB oI")'Our product" end
b. Tha providing or or railure to proYlcle W8mings or
instructiona.
"Your product" do.. not Includa lianding m&chinea or
other property rented to or located lor tha use of
others but not aold.
1.. "Your work" ma-=
a. Work or opendio.. performed by )'Ou or on your
behall; and
b. Matariala, palla or equipment furnltlled in
connection willi auch work or operations.
"Your work" includes:
a. Warranlles or repr_ "".... n.- III an)' tme \\1Ih
respect to tha 1IIn.... qually,' clIrabllr Q(
performance or use oI"your-m"; and
b. . The providing 01 or falure to provide warnings or
instructiona.
CG 00 01 01 96
Copyright, Insurance Services Qflice, Inc., 1994
~,\!l2.jl
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"W
COMMERCIAL GENERAl. UABIUTY
CG 2243 01 96
THIS ENDORSEMENT CHANGES THE POLICY" PLEASE READ IT CAREFULLY"
EXCLUSION. ENGINEERS, ARCHITECTS OR SURVEYORS
PROFESSIONAL LIABILITY
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following exclusion is added to paragraph 2.. exclusions of COVERAGE A - BODILY INJURY AND PROPERlY
DAMAGE UABIUlY (SecUon I - Coverages) and paragraph 2.. Exclusions of COVERAGE B - PERSONAL AND
ADVERTISING INJURY UABIUTY (SKtion 1- Coverages):
This Insurance does not apply 10 "bodily Injury: "property damage," "personal inJury" or "adver1islng Injury" arIslng
out of the rendering or failure to render any professional seNice. by you or any engineering" architect or surveyor
who is either employed by you or performing work on your behalf In such capacity.
Professional HNlce. Include:
1. The preparing, approving or faDing 10 prepare or approve maps, shop drawings. opinions, reports, sUMlys. field
orders, change ordens, or drawings and specifications; and
2. Supervisory, Inspection. architectural or engineering aclMlles.
CG 22 43 01 96
Copyright, Insuran~ I~~ces Office, Inc., 1994
o
C+RClAl GENERAl LIABIUTY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSUREDS BY CONTRACT, AGREEMENT OR PERMIT
This end!llSement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following pnMslon is added to SECTION 11- (Who is an Insured).
5. Any pel$Dn(s) or organization(s) (hereinafter called "Addilionallnaured') with whom you agree In a
WIIlten eonstructlon eontract to .name lIll an Insured II; an insured wIlh respect to rl8bi1ity arising out
of ongoing operations performed by you or on your behalf on the project spec:ifiBd In the
construcllon eontract, inclUding acts or omissions of the Addlllonallnsured in eonnecUon with the
general supervision of such operations. This Insurance applies on an exC811S basis unl_1t Is
required by the wrilten contract, agreement or permit that this Insurance apply on a primary basis.
However, the Insurance prolllded to the Additional Insured does not apply to:
a. "Bodily injury," 'property damage," or "pel8Onal injury," occurring after:
(1) All work. Including materials, parts or equipment furnished in eonnectlon with such
work, on the project (other than seNice, maintenance or repairs) to be performed
by or on behalf of the Addilionallnsured at the site of the covered operallol'lll hllll
been completed; Dr
(2) That portion of "your work" out of which the injury Dr damage arises hn been out
to ita intended use by any person Dr organizallon other than another contractor
subcontractor engaged In performIng operations for a principal as a part of the
same project. .
b. "Property damage" to:
(1) Property owned. used, or occupied by Dr rented to the Addilionallnsured:
(2) Property in the care, custody, or control of the Addillonallnsured or over which the
Additional insured is for any purpose exarcising physical control; or
(3) 'Your work' for the Additional Insured.
c. "Bodily Injury," 'property damage," Dr "p8l11Onel injury," arising out of the rendering of or
failure to render any "professional seNices' for you Dr for others.
The following definition Is added to SECTION V (Definitions):
'Professional Services' means seNices which were or should have been rendered by an architect, engIneer
Dr land survayor in the practice of their profession, Including but not limited to:
1. Preparing, approving or falting to prepare Dr approve mllP8, drawings, opinions. reports,
surveys. change orders, designs Dr specifications; Dr
2. Giving directions Dr instrucllons, or failing to give them if that is the primary cause of the
injury or damage.
1
PGL 2011 (1195 Ed.)
e:rm
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL V"
o ENDORSEMENT .
POUCY NO. &29700-33"3-74-4
_nclment: of' Fir. Il.....9'I Lial>1l.it:y:
'1'1>. Fir. Il.....9'I peri1 on roz:a COOOlll, C_rc:ial. General. Li~1.l.it:y
Coverage Foz:a, a.cUon :n:r, 1t:_ 'I 1. J:>roade....s t:o iDC1.u'" ....c:i1'1e<l
per11. which 1nc1.ucle 1'1n, l.ighu,nin!J, u:plo.1on, windllt:ora or hdl,
8mDk., ai.rcraf't or vehJ.al.., ~i.o~ OJ:' c:.:lv.i1 c:oa.oUOIl, "ADda1.i..,
1.aka9" Lr_ L1re _U"9\I1.ah.1.n9 equ1_n~, w.1.92>" of' ."OW, 1._ or
.1.." ..... wa".r ~.
An7 GL 01
Page 1 of1
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THIS ENDORSEMENT CHANGES TtjiE POLICY" PLEASE READ IT CAREFULLY.
o ENDORSEMENT .
POUCY NO. 8297DG-3U3.74-4
_n=-nt. ot" BocU.ly :J:n:lury D.t"iniU....:
Th. cafini t.ion of "Bodily :J:n:lury" on foZ'lll CClO001, C....rc:ial. G40neral.
Liahilit.y Coverage I'oZ'lll, 8ect.ion V, it._'3 i. _~ b inc1ude
_ntal. ang'\Ush, _nt.al injury, shoalr. or t"ri9h~ tha~ ,..s~t.a t"ro.
bodily injul<Y'
AP27 GL 02
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DESOATION OF PREMISES SCf1I>ULE
PJ:NNSYLVANr" HlUltIF"CTUR!:RS' MSOCrATION INSURANCJ: CCMPANY
POLICY NO. 829700-3343-74-4
ISEE APPROPRIATE POLICY PROVISIONS FOR COVERAGES APPLlCABLEl
PREM BLDG DESIGNATED PREMISES
NO. NO. (ADDRESS CITY. STATEI OCCUPANCY
0001 0001 OFFICE
1001 SOUTH FRONT STREET
StEEL TON. PA 17113-3047
0001 0002 SCALE HOUSE
1001 SOUTH FRONT STREET
STEELTON, PA 17113-3047
0001 0003 STORAGE
1001 SOUTH FRONT STREET
STEELTON, PA 17113-3047
0001 0004 Oil STORAGE
1001 SOUTH FRONT STREET
STEELTON, PA 17113-3047
0001 0005 TIRE STORAGE
1001 SOUTH FRONT STREET
STEELTON, PA 17113-3047
0001 0006 REPAIR SHOP
1001 SOUTH FRONT STREET
STEELTON, PA 17113-3047
i
0001 0007 DRY PLANT SCREEN SECONDARY CRUSHER
1001 SOUTH FRONT STREET
STEEL TON, PA 17113-3047
0001 OOOB PRIMARY JAW CRUSHER & STEEL DUMPING STAT
1001 SOUTH FRONT STREET
STEELTON, PA 17113-3047
0001 0009 SCItEEN BLDG SUBSTATION TRANSFORMERS
1001 SOUTH FRONT STREET
STEELTON, PA 17113-3047
0001 0010 SOItTING & DISCHARGE BINS
1001 SOUTH FRONT STREET
STEELTON, PA 17113-3047
0001 0011 WASH HOUSE & SAND CLASSIFIER
1001 SOUTH FRONT STREET
STEELTON, PA 17113-3047
0001 0012 COMPUTER CONTROL PANELS FOR ASPHALT PLAN
1001 SOUTH FRONT STREET
STEELTON, PA 17113-3047
CPD3 (0390)
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DESONATION OF PREMISES SC&ULE
PENNSYLVlUiIA MANUFACTURERS' ASSOCIATION INSORNfCI: CCHPANY
POLICY NO" 829700.33-63-74-4
ISEE APPROPRIATE POUCY PROVISIONS FOR COVERAGES APPLICABLE'
PREM BLOG DESIGl\IATED PREMISES
NO. NO. IADDRESS. CITY STATEI OCCUPANCY
0001 0013 BARBER GREEN ASPHALT PLANT
1001 SOUTH FRONT STREET
STEELTON, PA 17113-3047
0001 0014 BOILER & ASPHALT TANKS
1001 SOUTH FRONT STREET
STEELTON, PA 17113-3047
0001 0015 GREEN LAB TRAILER
1001 SOUTH FRONT STREET
STEELTON, PA 17113-3047
0001 0016 YELLOW BLDG
1001 SOUTH FRONT STREET
STEELTON, PA 17113-3047
0001 0017 BOX TRAILER 'NCL GENERATOR
1001 SOUTH FRONT STREET
STEELTON, PA 17113-3047
0002 0001 MAIN OFFICE
205 CREEK ROAD
CAMP HILL, PA 17011-7417
.
0002 0002 ADDITION TO MAIN OFACE
205 CREEK ROAD
CAMP HilL, PA 17011-7417
0002 0003 SERVICE PIT
205 CREEK ROAD
CAMP HILL, PA 17011-7417
0002 0004 MAIN STONE HOUSE
205 CREEK ROAD
CAMP HILL, PA 17011-7417
0002 0005 LUNCH ROOM & STORAGE
205 CREEK ROAD
CAMP HILL, PA 17011-7417
0002 0006 STORAGE/RECORD VAULT
205 CREEK ROAD
CAMP HILL, PA 17011-7417
0002 0007 STORAGE & OUST COLLECTION SYSTEM
205 CREEK ROAD
CAMP HILL, PA 17011.7417
0002 0008 METAL CLAD SCREEN PLANT
205 CREEl( ROAD
CPD3 (0390)
(G1:~il
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DESaA TION OF PREMISES SC.8>ULE
PENNSYLVANIA MlUnIFACTURJ:RS' ASSOCIA'1'ION INSUJUINCJ: CaG'ANY
POUCY NO. 8297011-33-'3.74-4
ISEE APPROPRIATE pOLICY PROVISIONS FOR COVERAGES APPlICABlE!
PREM BLOG DESIGNATeD PREMISES
NO. NO. 'ADDRESS CITY STATE) OCCUPANCY
CAMP HILL, PA 17011-7417
0002 0009 TERTIARY CRUSHER
205 CREEK ROAD
CAMP HILL, PA 17011-7417
0002 0010 SECONDARY PLANT
205 CREEK ROAD
CAMP HILL, PA 17011-7417
0002 0011 TRANSFORMER
205 CREEK ROAD
CAMP HILL, PA 17011-7417
0002 0012 PORTABLE CRUSHER
205 CREEK ROAD
CAMP HILL, PA 17011-7417
0002 0013 METAL STORAGE BLDG
205 CREEK ROAD
CAMP HILL, PA 17011-7417
0002 0014 CIRCULAR ASPHALT PLANT CENTRAL & OFFICE
205 CREEK ROAD i
CAMP HILL, PA 17011-7417
0002 0015 LAB TRLR
205 CREEK ROAD
CAMP HILL, PA 17011-7417
0002 0016 STORAGE
205 CREEK ROAD
CAMP HILL, PA 17011-7417
0002 0017 FRAME GARAGE
205 CREEK ROAD
CAMP HILL, PA 17011-7417
0002 0018 ASPHALT PLANT
205 CREEK ROAD
CAMP HILL, PA 17011-7411
0002 0019 ASPHALT PLANT 114
205 CREEK ROAD
CAMP HILL, PA 17011.1417
0002 0020 ASPHALT TANKS
205 CREEK ROAD
CAMP HILL, PA 17011-7417
CP03 (0390)
, F ',';I-R
~-~~ -
PREM
NO.
0002
0002
0003
0003
0003
0003
0003
0003
0003
0003
0004
0004
0004
CPD3 (0390)
1- ...;.
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DEsONATION OF PREMISES SC.ULE
nNNSn,VANrA MlWUF.r.C'l'URERS' .r.SBOCIATION INB01U.NCI: CCMPIoNY
""'"".",^",, '"
'].:';
SlOG
NO.
0021
0022
0001
0002
0003
0004
0005
0006
0007
0008
0001
0002
0003
POLICY NO. 829700-33-63-744
ISEE APPRoPRIATE POLICY PROVISIONS FOR COIIERAGES APPLICABLEI
DESIGNATED PREMISES
IADDRESS, CITY STATEI
CHAIN UNK FENCE
205 CREEK ROAD
CAMP HILL, PA 17011-7417
205 CREEK ROAD
CAMP HILL, PA 17011-7417
DISPATCH HO.USE
1300 HUMMEL AVENUE
LEMOYNE, PA 17043-1745
REBAR STORAGE
1300 HUMMEL AVENUE
LEMOYNE. PA 17043-1745
AUXILIARY SHOP
1300 HUMMEL AVENUE
LEMOYNE, PA 17043-1745
REPAIR SHOP
1300 HUMMEL AVENUE
LEMOYNE, PA 17043-1745
MIX PLANT
1300 HUMMEL AVENUE
LEMOYNE, PA 17043-1745
CEMENT STORAGE
1300 HUMMEL AVENUE
LEMOYNE, PA 17043-1745
MIX BUILDING
1300 HUMMEL AVENUE .
LEMOYNE, PA 17043-1745
STORAGE BLDG - BULL PENS
1300 HUMMEL AVENUE
LEMOYNE. PA 17043-1745
POND PUMP
ROUTE 34
MOUNT HOLLY SPRINGS, PA 17065-9999
OFFICE & SCALE HOUSE
ROUTE 34 . .. - . .
MOUNT HOLLY SPRINGS, PA 17065-9999
SHOP BLDG
ROUTE 34
MOUNT HOLLY SPRINGS, PA 17065-9999
,c",!W
OCCUPANCY
,lI;
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DES.ATION OF PREMISES SC.ULE
PENNSrLVANrA Ml\N\lrl'.CTtJRl!:JUl' ABSOCIATION INStJRANCJ:CQQ>ANY
POUCY NO. 829700-33-i3-74-4
'SEE APPROPRIATE POLICY PROVISIONS FOR COVERAGES I\PPLICABLE'
PREM SLOG ~ESIGNATED PREMISE:,
NO. NO. ADORESS,CrrY.STATE OCCUPANCY
0004 0004 WASH PLANT
ROUTE 34
MOUNT HOllY SPRINGS, PA 17065-9999
0004 0005 STORAGE BLDG
ROUTE 34
MOUNT HOllY SPRINGS, PA 17065-9999
0004 0006 SWITCH HOUSE
ROUTE 34
MOUNT HOllY SPRINGS, PA 17065-9999
0005 0001 JAW CRUSHER
LOCUST POINT QUARRY
LOCUST POINT ROAD
SILVER SPRING TS. PA 17575-9999
0005 0002 ASPHALT PLANT
lOCUST POINT QUARRY
LOCUST POINT ROAD
SILVER SPRING TS. PA 17575-9999
0005 0003 SHOP BLDG ,
LOCUST POINT QUARRY
lOCUST POINT ROAD
SILVER SPRING TS, PA 17575-9999
0005 0004 SCALE HOUSE
LOCUST POINT QUARRY
LOCUST POINT ROAD
SilVER SPRING TS, PA 17575-9999
0005 0005 ASPHALT PLANT CONTROL TRlR
lOCUST POINT QUARRY
LOCUST POINT ROAD
SILVER SPRING TS, PA 17575-9999
ODDS 0006 OFF TRAILER/LAB
LOCUST POINT QUARRY
LOCUST POINT ROAD
SILVER SPRING TS, PA 17575-9999
0005 0007 STORAGE/OFFICE TRAILER
LOCI)ST POINT QUARRY
LOCUST POINT ROAD
SILVER SPRING TS, PA 17575-9999
0005 0008 PORTABLE CONCRETE PLANT
LOCUST POINT QUARRY
CP03 (03 90)
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DESONATION OF PREMISES SC.ULE
PENNSYLVAN:tA KJUroFACTUREP.B' ASSOCIATION INSUl\ANClC CCMPANY
POLICY NO. 829700-3U3-74-4
ISEE APPROPRIATE POLICY PROVISIONS FOR COVERAGES APPUCABl.'"
PREM Bl.DG DESIGNATED PREMISES
NO. NO. IADDRESS CITY STATEI OCCUPANCY
LOCUST POINT ROAD
SILVER SPRING T8, PA 17575-9999
0005 0009 LIQUID ASPHAlT STORAGE TANKS
LOCUST POINT QUARRY
LOCUST POINT ROAD
SILVER SPRING TS" PA 17575-9999
0005 0010 STORAGE GARAGE
lOCUST POINT QUARRY
LOCUST POINT ROAD
SILVER SPRING TS, PA 17575-9999
0006 0001 STORAGE
LIMEKILN & SPANGLERS
MILL ROAD
FAlRVlEW TS YORK, PA 17070-9999
0007 0001 AIRPLANE HANGER
CAPITAL CITY AIRPORT
NEW CUMBERLAND, PA 17070-9999
0008 HOLL YHURST TRAINING CENTER
LION ROAD & LADNOR LANE ,
MOUNT HOLLY SPRINGS, PA 17065-99~9
0009 HANGER GROUP C IN HANGER 4 AREA
CAPITAL CITY AIRPORT
NEW CUMBERLAND, PA 17070.9999
0010 HERTZLER FARM
LOWER ALLEN T8, PA 17011-9999
0011 OYSTER FARM
FAIRVlEW T8 YORK" PA 17070-9999
0012 HARBOLD FARM
FAlRVIEW TS YORK, PA 17070-9999
0013 DILlER FARM
FAIRVIEW T8 YORK, PA 17070-9999
0014 BURCH FARM #2
FAlRVlEW T8 YORK, PA 17070-9999
0015 BURCH FARM #4
FAlRVlEW T8 YORK, PA 1.7070-9999
0016 SPRINGERS LANE
ROUTE 11 & 15
CPDJ (OJ 90)
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DES&ATION OF PREMISES SC6ULE
PENNSYLVANIA Ml\Nt1FAC'l'tl1U:JtS' ASSOCIATION INStnU.NCII: CCNPANY
POUCY NO. 829700-33-63-7'--4
'SEE APPROPRIATE POLICY PRD\I1$JONS FOR COVERAGES APPUCABL'"'
PREM BlDG DESIGNATED PREMISES
NO. NO. IADDRESS, CITY. STATE) OCCUPANCY
NEW CUMBERLAND, PA 17070-9999
0017 SPRANGLERS MILL ROAD
LOWER ALLEN T8, PA 17011-9999
0018 DICKENSON TS
TOLAND, PA 17324-9999
0019 18TH & HUMMEL AVENUE
LOWER ALLEN TS, PA 17011.1999
0020 MIDDLESSEX lWP.
CARLISLE, PA 17013-9999
0021 YORK COUNTY, ALONG TURNPIKE
NEW CUMBERLAND, PA 17070.9999
0022 25 NORTH ENOLA ROAD
ENOLA, PA 17025-99119
0023 NEAR PA TURNPIKE
SILVER SPRING TS, PA 17575-9999
0024 LR767 ,
SUSQUEHANNA RIVER
LEMOYNE, PA 17043
0025 STEEL TON QUARRY ROAD
OLD 283
SWATARA TS DAUPHIN, PA 17057-9999
0026 SPANGLERS MILL & LIMEKILN ROADS
FAlRVlEW TS YORK, PA 17070
0027 VALLEY LAND CORP.
EAST PENNSBORO TS, PA 17025-9999
0028 MACUNGIE lWP
ALLENTOWN. PA
0029 DICKENSON lWP
TOLAND, PA 17324
0030 MORRISON FARM
RT34
MOUNT HOLLY SPRINGS, PA 17065
0031 WAGGONERS GAP ROAD
PERRY COUNTY, PA
CPDJ (0390)
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ENDORSEMENT SCHEDULE
PENNSYLVlUlIA -6cTUJa:JUI' ASSOCIATION mS~~1lNY
POUCY NUMBER: 1129700-33-63-74-4
INTERLINE FORMS
CPD2 (O~ SOl
POI~I (01 It)
CPD~ (O~ tlOl
IL 00 2111 M
\L01721nl
IL 0241 01 U
IL.. 10 0111
PPF 02 SilO M
Common Policy Decllr._.
Enda...."'...I. AddIlI.....I_ ....ured
DeIlgnaUon or PnmI,," Schedu"
N_r Enorll)' Ulbllll)' Exclusion En_nllllrDld FORni
Pennlylyonl. Chang..
PonnoylYanla Chang.. . Cancoll.11Dn & -....
........ylY.... Noll..
He.", Tr.de Conlrmor. E.-......nl
PROPERTY FORMS
cpo. (OS II)
CP044 (OS III
CPDIIlln 101
Cpo.1l10~ II)
CP 00 10 0111
CP 0010 0111
CP 00 IV onl
CP Oot007 II
CP lnOOn.
CP '''S lnO
CP121. (Kill)
Commercial Properly Declar_.
Suppl.....nl.. ~I.I PrDJMIrly Doclarolion.
EJ<cepllDna to C.",.".rclol PrDJMII1y Dee
Slol.....nl of V.lue.
1IUlkling .nd ....."""1 Properly Covorage Form
lIUllneo.l_ Cov.ngo Form (""d Exlf. IExpen..)
Exlrl Ex_ Covor_ Fonn
Comnerclall'roperly Condition.
C.u... or Lou _ Special Fonn
T....rl"". RoIeo
Lo.. ...y_ Provl.ion.
i
GENERAl. UABIUTY FORMS
CP015 In 10)
CP[MIIOS 10)
CG 00 010111
CO 2241 01..
GU2 (11/17)
P7011e04 II)
POL 20 11 01 95
AP27 GL 01
APl7 GL 02
APl7 GL 03
CGU12 (11/11)
CP2411 (01/11)
PGL:S070 (101111
Commercial Generll LlabllllY Decllrllla..
Commerclll Gener.1 liability Schedule
Commerclll OOlllfII Llablllly Coverage Form (Occurrence)
Exclu.ion - Englneerl, ArclIltocl. or Surveyor. Prof. L1lb.
Commercial Genevll L1ablllly Alb..tas Exclulion Endorsement
Employment. Related Pr_e. Exclu.ion
Addllnluredl By Conl..cl,-"lIfoement
Arnendment of Fir. Domog. Llablllly:
Arnendmenl of Bodily InJ..., Dellnlllon:
Conlr.clual Lllbility. Railroad.:
Boll.
limited Pollution Llablllly Ext.n.ion Endor......nl
Employee llenelll. Liability In,"rlnc.
INLAND MARINE FORMS
CPD7 (03 10)
CM 00 01 01 II
PSI
PlM 00 31 DEC 01 II
Commerclallnl.n" M.rino Decl.r.tlon.
Commerclllllnland Marin. CondltlDna
Nolle. 10 POllcyhDl"".. IPlM003I)
Conlroclo.. Eqllipment Co_.go Doc
P9998
Page , of 2
i:j"~~~
ENDORSEMENT SCHEDULE
nNNsnVANU ~CTURZRs' ABSOCU'1'ION INstlJUINe6aANY
P.OUCY NUMBER: 829700-33~3-74-4
PIM 00 ~. 11 ..
PIM U 11 1,..
P3D
PlM II ~I DEe 11 ..
PIM 00 ~I 1,..
P1MU 111 "'
APZ71M 11
f>P7:r 1M 02
AP'l7IM n
Controctorl Equlpmenl CO_IIlI Fomt
Wolgh! 01 Lood Ellonlion Endor_t
Notice 10 PoIIcyholdero (P1MOO3D1
EIectt...k: DIoIo Proceulng Coyorogo Decloronon
Eleclronlc Data "......... Covor~. Form
I.... PlI'ollll Provllion
Loss P.,ollll Provlolono:
c:ontrlCt.... Equl....nt Cover.go:
AddnlonolAcqulred P~
Boiler and Machinery Forms
(see page 3 of the Boiler and Machinery Declarations Page)
P999S
Page 2 of 2
e.'I~
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
o ENDORSEMENT 0
POUCY NO. 82970D-33-63-74-4
1.
ADDITIONAL NAMED INSUREDIS) ENDORSEMENT
SILVER SPRINGS CONSTRUCTION CO.
VALLEY LAND CORPORATION
2.
P0538 (01 85)
P_ , of 1
$.1'm
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HEA~RADECONTRACTORS~DORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY" PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUILDING AND PERSONAL PROPERTY COVERAGE FORM
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
POUCY NUMBER:
829700.33-63-74-4
EFFECTIVE DATE:
03101/1997
I
SCHEDULE.
I
EXTENSIONS
PROPERTY:
Newly Acquired or Constructed Property -
Buildings
Business Personal Property
Recharge of FiTe Prolection Equipmenl
Arson Reward
Electronic DlI1a Processing Equipment and Media
Extra Expense
Bulders' Risk and Installation Floater
UMIT
OF INSURANCE
vp to .1,000,000
vp to " 500,000
ZHCLUOZD
, 10,000
Be. ~oz:a PIM0030DBC
. 25,000
, 50,000
GENERA\. UABIUTY:
Property Damage Uabilily in Your Care, Custody or Conllol
,
Medical Paymenlll
Aggregale Limits of Insurance
Liabiily for Damage Caused by Fire, Explosion, Smoke.
Lightning and Water Damage Legal Liabilily
Broedened Coverege for Walercraft You Do Not Own
, 5,000
. 10,000
Per proj.ct
ZHCLtlI:lKD
UD to 50 feet
The following Extensions are included on a combined Blankel Limit of Insurance basis, unless otherwise specified.
BLANKET LIMIT OF INSURANCE
OR
Individual Sublimit Buls Applicable
.
250,000
(X )
"
Personal Elleell and Property of Olhers
PIOperty OIl-Premises
Outdoor Property
Employee Tools
Unscheduled Fine Art&
Accounts Receivable'
Valuable Papers and Records - Cost of Research
Back-Up of Sewers and Drains
Se. ~Orlll PIM0035DBC
.
.
.
.
"
"
* Information required to complete tllis SCHEDULE, W not sllown on this endorsement will be shown in the Declarations,
The above Extensions may be subject 10 Special Deductibl"" or otller coveragalimftallOns. Please read the entire
endorsement for complete eXp\anslion of the coverages,
PPF 02 35 (' 0/94 Ed.)
1~1~'
POll" 1019
,,-
,
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The following changes apply to the Building and
Personal Property Coverage Form as specified,
o
When th. fir. departm.nt ia celed to
sav. or protect Cov.r.d Property from a
Cov.r.d Cause of Losa, we will pay up
to $5,000 for your liabiity tor fire
departm.nt seNice charges.
c. The last paragraph of item d. PoIlulllnt
Clean Up and R.movalls deleted In ila
entirely and repaced by th. folowing:
Th. most we wi! pay under thla
Addltio.... Coverage for .ach d_d
premleea Is $25,000 for th. .um of as
co_ed 8lCp8nHs arillng out of
Covered' Cau_ of lose occurring
during ...ch aeperate 12 month pariod
of this pOlIcy.
d. Th.tolowing item .. ia addMlto this Section:
.. Proof of loss Preparation Coverage
w. wll pay up to 51,000 to cover the
COllt of clmducting an Inventory
eppralul, adjustment and pr.paration of
10.. information in connection with any
Iou cover.d und.r thIa policy. W. wiI
not pay for the aervlces of a pubic
.dj usler.
6. Paragraph 5. Covarllll. Extensions Is deleted In
ila entirely snd replaced by the following:
5. Coyarlllla Ext.nslons
Except as othllWise provided, the
following Extanliona apply If a
Coinsurance percem.ge of 80% or
mora Is shown In th. Property
Declarations to property located in or on
the bUldlng described In tha
Declarations, In th. open. or in a vehicle
within 1,000 IlNIl 01 the described
premises:
L Nawly Acquired or Constructed
Property
(11 You may IlICtend the
Insurance thal applies to
Building to IIpIlIy to:
(a) Your new bUldings wille
being bull on the .
dlllClibed pr.mls~
(b) Bulltngs you acquire at
location.. oth.r than the
dlilllcribed prem'-,
int.nded for:
(I) Slmflar use as the
building dllllCllbed in
the D.claJations; or
(II) U.. 811 a warehous..
A. COVERAGE
1. Paragraph 1. .. (3) Is deleted in its entirety and
replaced with th. following:
(3) Outdoor Filttures. induding but Is not 'm~ed
to:
(a) Fences, paved surfaces;
(b) Outside 6ghting fIXtures; or
(c) slgns.
2. The following Covered Property .re added to
paragraph 1.. Building:
(21 (d) Foundations.
(4) (e) Alarm. communication and monftoring
systems; .nd
(I) lawn maint.nance or snow removal
equipment not .ttached to an auto.
3. Th. first paragraph of ..m b. Your Buslnesa
Personal Property is del.ted In its entirety .nd
r.pl.ced with th. folowing:
b. Your Bualn.... P.rsonal Property located in
or on the bUldlng described in the
Declarations, In the open, or in . vehicle
wilhin 1,000 f.et of the described premia...
consisting of the folowing unless otherwise
specified in the Declarations or on the Your
Busin... Personal Property - Separation of
Coverage form:
4. Subparagr.phs f., g" and m. of 2. Property Not
Cov.red are deleted In their .ntirety.
5. Seelion A. 4. Additional Cov.rag..
a. Subparagraph (2) of item b. P....rv.lIon of
PlOperty Is deleted in its .ntirety .nd
replaced by the lollowing:
b. (2) Only 11th. Iou or d.m.g.
occurs within 30 days after the
property is first mov.d.
b, Th. first paragr.ph of ftem c. Fir.
Oapartment S.rvlc. Charg. Is deleted In
its entirety and replaced with the fonowing:
PPF 02 3S (10194 Ed.)
r:. !2.:'."
p_2orll
,. . , _4_ II ' ;jjl' d
",,",,<-'.'~" ,,'
b "
"''"\W1i'
The most we Oay for lOA or
damage under this Exlension is
25% of the Umn of Insurence for
Building shown in the Declarations,
but not more than $1,000,000 at
each buiding,
Oxtent of the owner'a financial
interest of the property.
(2) You may extend the insurence that
applies to your Bulin_ Pe"on"
Property to apply 10 that property at
any location you acquue other than
at fairs or exhibitions,
The COINSURANCE Additional
Con clition do.. not apply to Pe_nlll
EfI_ and Property of Oth....
A Special Deductible of $250 per
occurrence appliea to this extension.
c. Property orr~remlaes
The most we will pay for 1088 or
damage under this Extension is
25% of the Umft of Insurance for
Your Busines5 Personal Property
shown in the Declarations. but not
more than $500,000 at each
bunding.
You may mend tile IllIIIlranC8 provided
by this Extension to apply to yollf
Covered Property 8ICduclng monay,
a8Cllrltiea or other negotiable
insbumenls. while this property ilIlINIIf
from your prem... described In the
Property Declareliona, in tntnelt or
otherwise.
(3) Inaurance under thill Extension for
each newly acquired or conlllrllcled
property wiR end when eny of the
folowing first occurs:
The most we wII pay uncler _nsion c.
is described in the SCHEDULE olth.
endorsemenl .
(e) This poficy expir...;
The COINSURANCE Additiomll
Condition does not e"ply to Property
Olf.Prem_.
(b) 180 days expire efl8r you
ecquire or begin to consbucl
the property; or
A Special Deductible 01 5250 per
occurrence appliell to lhie 8Xlenalon.
(c) You report values to us.
d. Outdoor Property
We Wll charge you additional premium
for values reported from the d81e
conlllrllction begins or you acquire the
property,
You may lIXtend the inaurllnce provided
by this Coverage Form to apply to your
trees, ""ruba. and p1anla (other than
"stock" of treee, Ihrubs, or p1anla),
Including debris removal elCpenses.
ceused by or _ulting from any of the
foRowing callSes of 1088:
b. Personal Elfects and Property 01
Others
You may extend the insurance that
applies to Your Business Personal
Property to apply to:
(1) Fire;
(2) Ughlning;
(3) Explosion;
(4) Riot or CMI Commo\ion; or
(5) Aircreft.
(1) Personal effects owned by you,
your oflicers, your parlners or your
employe... This extension does not
eppty to loss or damage by thell
(2) P8!IOnal Property of other1l in your care,
CIIatody or control.
The most we will pay lor loss or damage
under extension b. is clescribed in the
SCHEDULE of this endorsement.
subject to B aubllmil of 52.500 101 Bny
one pe"on'810&s in anyone
occurrence. Our payment lor loss or
damage 10 personal properly of othe",
wi! only be to
The most we wi P"Y for 10M or demage
under menaion d. is described In the
SCHEDULE of thia endo.......nl
The COINSURANCE Addition"
Condition does not eppty \0 Outdoor
Properly.
A Special Deductibl. 01 $250 per
occurrence applies to this .xtension.
PPF 02 35 (10194 Ed.)
c;,~l
Pegs 3 019
e.
Employee Tools 0
You may extend the insurance that
appies to Your Business Personal
Property to apply to employee tools
while in your care. custody and control.
The most we Wll pay for loss or damage
under thle Extension Is dncribed In the
SCHEDULE of this endora.m.nt,
subject to a sublimit of $2,500 for any
one person'. loss in .nyo one
occurrence. Our payment fllf lOllS of or
damege to tools of employees will only
be to the extant of the financial intllfllSt
of the owner of the prop.rty.
Th. COINSURANCE Additional
Condition does not apply to Employee
Tools.
f.
A Special Deductible of $250 per
oc,:"rrence applies to this extanliDn,
Unscheduled Fin. Arts
The insurance that applies to Your
BlIlIineso Pel80nal Property ill elltended
to epply to objecls of art, art glass
windowa, antique or period furniture,
and oth.r lie"" that have artistic merit,
entique value or historical worth owned
I1t you or in your care, custody or
conllol. W. will not cover euch propeny
W held for sale. nor for loss or damage
CIIUaed by repair, restoration or
retouching.
11 loss or damage occurs, we wiR pay the
appraised value. If you do not have an
appraisal. we win pay your cost at the
time of purchase,
The most we wil pay under extension f.
is descnbed in the SCHEDULE of this
endorsement,
The COINSURANCE Additional
Condition does not apply to Fine Arts.
A Special Deductible of $250 per
occurrence applies to this extension.
g. Al::counts Receivable
(1) We wi. pay the following that result
from Covered CeUI" 01 LOllS to
your records of accounts recaivable
10Cllt.d at the described premises
shown in the Declarations:
PPF 02 35 (1~ Ed.)
-~ --
11.Jiil..i,,~~'''~I'';;';'. ;~ .w.i<
"_" .' ,t C
~i
a
All amounts customers owe
you but you ere unable to
collect;
(b) Interest charges on any loan
required to offsetemoun" you
er. unable to collect pending
our payment of these amounts;
(c) Collection """,,"s_ in exc_
of your normal colection
_pens_ that are mede
nec:eesllry by 108a; end
(d) other r_oneble expensee
that you incur to re-establish
your records of accounts
receivable.
(2) Coverage does not apply to recorda
of accounts receivable in lterege
-.y from the desCllbed pr.m....
shown in the Decterations,
(3) 11 you give us written notice within
10 days of remDVlll of your records
of accounts receMlbl. becaule of
imminent danger of 10M or c1amag.,
we wiI pay lor ,.... or damege that
resub from e ClIY8I8d Ceuee of
Lo.. will. they ara:
(a) IU. a sale place tempoTarIy
_from your premilee; or
(b) Being leken to end returned
from that place.
This removal extension to the
AccDun" Receiveble Ext.nsiDn is
included within the Umil of
Insurance applicable to Accounts
RllCeivable Coverage at the
described pr.miaBlfrom which the
recorda of Rccounts receivable ere
r.moved.
(4) Whenever you ara not open for
busin_, end except wille you ere
eeluely using the recorda. you must
keep .. recorda of accounts
receivablaln Myenc:lOBed matal
rllC8ptRdes at the described'
pramiHB Bhown In the
Dec:lal81ions.
(5) Addition" Exdllllions
We will not pay for IoBB or damage
caused I1t or r8Bulting from any of
the following:
~;.. J.;\l
Page 4 of II
(It) AlleratioOification,
concealment or destruction of
records of accounlB receivable
done 10 conceal the wrongful
giving. laking or withholding of
money, securities or oilier
property.
o recharging COS1a if lIIe discharge
occurred as a result of l8$ling of the
extinguisher or system.
J. Arson R_rd
(b) Bookkeeping, accounting or
biDing errors or omissions.
We will reimburse you for en arson
reward thai you give Ii> someone who
diwdOles infonnallon Ih81leadlto the
conviction of It person Dr persons for
erson81llle deecri~~ premises in lIIe
Decla11lti01\8111111 188llbd tri our ~g
a loa In __ of $50,000 'under this
poley.
The most we will pIIy underexlenslon i.
is described In the SCHEDtlLE of this
andorsement No deductible apples 10
this extension.
Ie. Back-Up of s-,. and Drains
The most we will pey under extension g.
is described In the SCHEDUlE of this
endorsement.
The COINSURANCE Additional
Condition does not apply to Accounls
Receivable.
A Spec:ial Deductible of $250 per
occurrence applies Ii> this extenlion,
You mey extend the insurence that
applies to Your Busin.... Pe<aonlll
Property 10 apply to your costs to
r_arch. replace or restorellle lost
informBlion on lost or damlged
"IIaIueble papers and records." including
those which exist on electronic or
magnetic "media," for which duplicates
do nol exist
We will pIIy for loa or damage to
Covered Property 81 described premises
caused by or r..ulling from a previously
non-existing body of water that bec'" up
from It'_ or dl'llin.
h. "Valuable Papers and Record." -
Cost of Reeearch
Excluslon B.1.o.(3) ofllle Ceuaes of
Low - SpecIeI Form, if applicable, does
not apply 10 this ExIeMion.
The most we will pey under extension II.
is d..cnbed In lIIe SCHEDULE of this
endorsement .
The moet we will pay under elClension h.
Is described in Ihe SCHEDULE 01 this
endorsement .
Tha COINSURANCE AckItionBl
Condillon do.. not apply to Beck.up of
Sewers or Drains.
A Special Deductible 01 $250 per
occurrence applillli to lIIis elClBnsion.
I. Electronic "Oa"" Processing
Equipment end "Media"
We will pIIy for direct physiClllloes or
demega to electronic "data" proceasing
equipment and "media" .. a r_a of a
COV8!ed Cause of loGe.
The COINSURANCE Additional
Condition does not apply to "Valuable
Papers and Records..
L Recherga of Fire Protection
Equipment
(1) Wa do not cover eny of the
folowing:
We wi. pay expen_ you incur to
recharge aulomatic fire protection
equipment No deductible will apply
when such equipment is discharged:
ea) "Data" or"medle" for'whiclI
dUplic:elee do not IIldal;
(1) To fight a fire; or
(b) Computers or "madia- rented
to othel1l wille rNI8'/ Irom ilia
described premises.
(2) IV.llle rnua of a Covered Cause of
Loss.
However. we will nol pay lor
PPF 02 35 (10/94 Ed.)
(tOr.llI!F.
page 5 019
. ,,,- ~,~" ,r"'ib.-""'<""~""'-~'''''''I'''''''~""''~I _" w' , '-.
, ~ --- ;';"\
(2) The foDowing ei1t!lliliPnal Exclusion
apply: U
Tlost we wi! pay under this
e 'on is described in the
SC DULE of this endo_menl .
(e) Errors in systems
programming; or
(b) Errors in instruction to a
machine,
The COINSURANCE Additional
Condition _ not apply 10 Extra
Expenose.
(3) Equipment Win be valued alth.
iesser of:
n. Bullclera' RIsk and Instal\allon
FIoa18r
(a) Tha acluel cost to repair or
replace the equipment to
original condition;
You may extend the inauRlnca thlll
apples to Your Busln_ Peraen'"
Property to apply to mlll8ri811,
equlpm.nt, IMChinlll)' end Iilcluresthlll
are owned by you, or ror which you_
IegaIy liable, that_ to be lnalBIed by
you'or atyourdlredion while the
property is:
(b) The actual cosllo replace the
property with aim"ar property
capable of performingtha
same function.
The most we wil cover for computer
equipment word processing equipment
.dals. .media." and programa ia
described in the SCHEDULE 01 this
endo18emenl
(1) at any one construction premises;
(2) in Iren< or.
(3) III a lamporary storage _no
The COINSURANCE Additional
Condtion do.... 1101 apply 10 Electronic
-OatIl" Processillg Equipment snd
-Media."
You may also extend thelnsuranee
provided under this ExleMlon to include
the buDcllng under coMlruction,
....rIoIdlng, construction forma and
tempoRlry strudu.... but only wille ate
specll\c job or proJect..
A Special Deductible of $250 per
occurrenee applies to this extension.
However, we wi! not cover.
We wII extend coverage provided for
Covered Property to cover the adual
and necessary extra expense to
continue operations at the d...cribed
premises or at a replacemenl premis...
because of direct physlcalloss of or
damage by s Ct:lvered Cause of Loss to
Covored Property althe premises
described in the Declarations.
(1) property stored at a pennanent
waRlhouae or storage yard that you
own, u....th. property Is a specific
job or proJect. ccwered by this
Extension;
m. Extra Expenae Coverage
(2) plans, blueprints. de&lgn or
apecificlltions; or,
(3) lr_. gr_, sod, ahrubblll)' or
planta.
Extra Expense means necessary
expen_ you incur to continue normal
operations ate temporery location or
with aubstitute equipment during the
period of time beginning on the date of
the covered direct ph)'llicelloaa and
ending on the date when the property
should be repaired or replaced. with
reasonable digenee to llimlar quality as
before thelOllll. that you would not have
incurred hed there been no direct
phyaicelloaa or damage to Covered
Property.
The mOlt we wi pay for loea or damege
under this Elclenskln Is deacribed In the
SCHEDULE 01 this endoreemanl .
The COINSURANCE AddilionllI
Condllion do.. not apply to lhIe BulklBIS'
Risk and Inst8IalIon F\oBl8r Exlenlllan.
B. INSURANCE UNDER lWO or MORE COVERAGES
Tha folowlng is added to pIIR1graph C. Insurance
Under Two or More Ccwer8ll- 01 the Commercllll
Property Condlllons:
PPF 02 35 (10194 Ed,)
C,',23
PallaS on
o
.
If a Coverage Form is lIltached to this policy that
provides coverage for any of the Extensions plovided
by this endolll8men~ the Umh shown in the achedule
and the cllver.ge provided by this endorsement are
deleted and only tha imit and coverage provided by
the Covelege Form would be available to you.
the limit of insurance, whichever i5 iess. HoweYer,
the coinsurance \WI not apply to Ioaes which are
lese than $25,000. If tha Ioas exceeds our
paymen~ you will either heveto rely on other
insurance or absorb the Ioas YOUl8e1f.
C. LlMrrS OF INSURANCE
F. AODmONAL DEFtNmONS
The foDowiIlg changes are made to SECTION C,
LIMITS OF INSURANCE:
The lollowing additional definitions are added to
Section H. DefInitions:
1. The second paregraph legarding outdoor signl is
deletlKlln its entirety.
3. -Data" means facts, plognlmtl. concllJllS. cod...
or inllructions converled. to a lorm uaabl.. In .your
computer operations for your buoIn_ activltioJl at
the described premises In the Dac:IIlndiona.
-Data- does notlnclude "m_."
2. The following palegraph is added to the bolIom of
this 5_on:
If applicabla, the Blanket Umil 01 Insurance that
applies to Extensions b., c., d., e" I., g. h. and It. is the
most we will pay for the sum of aq cover&d losses or
damages during each separately consecutive annual
period and 10 any remaining period oIl_than 12
months, starting with the beginning of the poflCy period
shown in I/Ie Declarations, unless the poflcy period is
lllltended after issuance for any additional period of
less than 12 months. In that case, the edditionel period
wII be deemed perl of the Iasl preceding period for
purposes of determining the limits of Insurance.
4. -MecIa" io thetangibfe material on which .del8" is
recorded, such.. magnetic tapes, disk packs,
dru..... paper tapes end <*CIII. Thla does nol
include the "dllla" atored on the "media..
5. 'Veluable papers and record8" means
documents, manuecripta or recorda, Including
ab&tJ_, Ilclob, deede, drawing, filma, mape,
morIgages or .data,. But "valuable papers and
recorda" does not melln money, eecurities or
negotiable Inll1rumenla.
G. CAUSES OF LOSS REVISION
D. DEDUCTIBLE
The following paragraphs are added to Section D.
Deductible of the Bulkllng and Perlonal Property
Coverage Form:
The following also applies to your poticy.
; 1. The lolowing appli.. to the Cau_ of Loss -
Bnic Form and the Causes 01 Losa - Broad
Form.
1. If more than one coverage applies to loss""
resulllng from anyone occurrence. we will
sublraclthe deductible amount only once.
Provision 8,... of A, COVERED CAUSES OF
LOSS do.. not apply with respeclto glass
(including frame), that is part of a buldlng.
Also, if more than one deductible applies, we will
subtn.ct the largest applicable deductible.
2. The loIlowing applies to the Causes of Lo... -
Special Form.
2. The t.rms of this DEDUCTIBLE provision do not
apply to any Earth Movement and Volcanic
Eruption Deductible, Flood Deductible, or
Windstorm or Hail Deductible that mB)' be
provided elsewhere In this p06cy.
Provision 2. of C. LIMITATIONS do.. not apply to
glass (Including frame) that is pari of a buDding.
3. Other speclel deduclibles may be in the policy for
lpacific coverages.
The following changes apply to the Commercial Gene.at
Liability Coverage Fo.m .. specified.
E. ADDmONAL CONDITIONS
A. PROPERTY DAMAGE LIABIUTY IN YOUR CARE,
CUSTODY OR CONTROL
The last paragraph 01 ~em 1. Coinsurance is deleted
and replaeed with the foRowing:
We will pay the amount determined in step (4) or
The insurance for 'property damage-1iablIily is
changed to the loll owing:
PPF 02 3S (10194 Ed.)
(C't~a1
Page 1 or9
.
\ l
" .' '"' ,.!..I~ik.....l,',~ '
." - ,-,
~' '~;:",.< ~
We \WI extend coverage lor pe...,Aroperty 01
others in your care, custody or ;;;'X
There is no covA lor "property damage" caused
by an "explOlli~JlIr~lting from any of the following:
This extension 01 coverage is excess over any valid
and collec:ti~el"operty insurance (including sny
deduc:tible) ~lable to you. This el(\enoion epplies
only to the N.med Insured scheduled In the
Declarations:C"verage is not extended to any
adcfllionallnterests made a part of this pofic:y.
(1) ar1ificlally generated e1ectric:a1 currenl
including e1eelric arang, that disturbs
electrical devic... 8ppianc.. or wires:
The mo.t we wtII pay under this el(\ension is described
In the SCHEDUlE of this endorsemenl
(2) "explosion" of steam botlenl, steam pipes,
sleam engines or steam turbinllll owned or
leased by you. or operated under your
control; Dr
B. MEDICAL P!"YMENTS LIMIT
(3) mechanical breakdoWn, indudlng rupture or
bursting ceused by centrifugal fo,ce.
COVERAGE C. MEDiCAl PAYMENTS lim~ DI
Insurance is teP/aced by a new Medical Peymenlll
Unlit Dr Insl,ir"nca, which ia subject tD all Dr the terms
of LIMIT OF !NSURANCE (SECTION III). The new
Medicel Payments Limit is described In the
SCHEDULE '01 this endDraemenl
Buill 10.. Dr demage by fi,e D' wete, ,esults from any
Df the ebove. we will pay for that "",Ullinll"property
damag." to Ihe extent DthBlWia. prCMded under this
coverage.
This prDvisiOn does nolapply II COVERAGE C.
MEDICAl pAYMENTS is exduded Bither by the
prDvisions oflhe COVERAGE FORM Dr by
endorsement
A separate im~ of insurance applies to this coverage
as described in LIMITS OF INSURANCE (SECTION
III),.
C. AMENDMENT. AGGREGATE LIMITS OF
INSURANCE {Per ProJect}
This provision does not apPly II Fi,e Damage Legal
liability 01 COVERAGE A (Saclion I) is _duded
either by the Provisions of the Coverage Part Dr by
endorsement
The General Aggregate Um~ under LIMITS OF
INSURANCE (SECTION III) applies separalely to each
at you, projects ~ I,om premises owned by Dr
renled to you.
E. BROADENED COVERAGE FOR WATERCRAFT
YOU DO NOT OWN
Paragraph g. (2)(a) 01 SECTION I COVERAGE A,
. ITEM 2 Exc:lu.ions, is deleted and ,eplaced as foRows:
,
D. LIABILITY FOR DAMAGE CAUSED BY FIRE,
"EXPLOSION," SMOKE, LIGHTNING, AND
'WATER DAMAGE" LEGAL LIABILITY.
, g,(2Xe} 1_ than 51 feat long; and
The Lasl paregraph Dr ExclusiDns DI COVERAGE A
(SECTION I) is deleted end repleced es lollows:
This provision applies to any person, who with your
cansen~ either uses Dr is responsible for the use of a
watercran.
Exdu9ions c. through n, do nolapply to damage by:
This insurence is excess over any other valid and
coRectible insurance avei1eble to the Insurecl whether
primary, """".. or cDntingenl
(1) fire;
F. SUPPlEMENTARV PAYMENTS
(2) -explosion;"
Under SUPPLEMENTARY PAYMENTS-
COVERAGES A and B, Plfagrapha 2 and 4 ar.
deleted and ,epleced as folIow8: .
(3) woke or smudge resulting IrDm the sudden
and faulty Dperetion Df a heating or coDklng
unit that hed a emDke pipe Ieaeling to e
chimney Dr the outside DI the building;
(5) "waler damalle"
2, The COil DI bel bonde required because of
accidents or vaftic law vioIationa eriIlng out of the
use 01 any vehlde to which the "BotI1y Injury"
liabllity Coverage epplies. We dD not have to
fUmish thasa bonds,
(4) lightning; or
ID premises rented to you.
The following edlitional exclusions epply as respacts
coverage lor "property damage"lrom "ellP1osion":
PPF 02 3S (10194 Ed.)
C"'2;'~!
p'l!Oao'9
.
'^,
,
, ,~ ",~o;-_ "",,,"
,,~ ',',,~,
4, /JJ reasonable expenses inJ'Wtf by the insured
at our request to assist us in the investigation or
defense of the claim or "su~: including actual
loss of earnings up to $250 a day because of time
off from work.
J, L1BERALlZA'A
G. NOTICE OF "OCCURRENCE"
If we adopt a change in our forms or rules that would
broaden the coverage of this polcy without extra
charge, the broader coverage wi! epply to this policy.
It will apply when the change becomes effective In
your slate.
Under SECTION 1"-COMMERCIAL GENERAL
LIABILITY CONDITIONS, ITEM 2-DUTIES IN THE
EVENT OF -OCCURRENCE. ClAIM OR "SUIT,"
paragraph F. is added as follows:
K. AOOmONAL DEFINmONS
The lonawing definitions are added to SECTION V-
DERNmONS:
I. Your rights afforded under this poicy shaM not be
prej udiced If you faD to give us notice of en
"occurrence" lOr claim, SOlely due to your
reasonable and documented belielthal the
"bodily injury" or .property damage" is not
covered under this policy.
20. -Explosion" means an explosion. including the
explosion of gases or fuel within the furnace of
eny fired V888I!I, or withln tha fiues or "....,ges
through which the g_ of combustion pas.
ExpCosion does not include the following:
H. KNOWLEDGE OF "OCCURRENCE"
a. rupture, bursting or operation of pr.....ure
relief device.; or
Undar SECTION W-COMMERCIAL GENERAL
LIABILITY CONDlllONS. ITEM 2 DUTIES IN THE
EVENT OF "OCCURRENCE," CLAIM OR .SUIT,"
paragraph E, is added as lollows:
b, rupture or bursting dua to expansion or
swel1ing oltha contenla of any buDding or
sltucture caused by or resulting from water.
e. Notice of an "occurrence-. claim, or "suit" will be
considered knowledge 01 the insured if reported
to an indMdusl named insured, partner.
"executive office(' or en "employee. designated by
you to give us auch notice.
21, 'Water damege" meena acadenlal a.charge or
leekage 01 water or Bteam ... tha direct r..uft of
tha breaking or crac;klng 01 any part of a systam
or appliance containing water or Bteam, other
than an automatic Bprinkler Bystam, '"Waler
damage- do... not include the coal 01 repairing or
replscing the Bystem or appliance from which the
waler or steam eacapes.
I. ACCIDENTAL CLERICAL MISTAKES
Under SECTION "'-COMMERCIAl GENERAL
LIABILITY CONDITIONS, ITEM 6-
REPRESENTATIONS. the following wording is
added:
TERMS AND CONDITIONS OF YOUR POUCY
d. Your faMure to disclose all hazards existing as of
the inception date of the policy shall not in itself
prejudice the coverage otherwise afforded by this
policy, provided such failure \0 disclose all
hazards is not intentional.
All other applicable terms and conditions of the
policy apply unless specifically ~ntradicted by
provisions of this endorsement.
PPf 02 35110/94 Ed.)
,s:.1~
Page9or9
~ ,. "', ' ." ,L
vVIV1IVIVI'I l""UL.11.r I Ut:I.rl.AKA IIUN::)
PENNSYLVANIA ~TORERS' ASSOCIATION :IN~CE
'''', " 0' "~,,.""'_ ';'_', ~'"j" ~ . '"' .-
""'C'l
COMPANY
I
NAMED INSURED
ir
POUCYNO. 829100-33063-14.11-
PRODUCER"$ NAME
-,
HE"'PT SROS INC
POBOX27a
205 CREEK RD
CAMP Hll~ PA 17011
K. R. MACDONALO INCORPORATED
4900 DERRY STREET
P.O. BOX 4500
HARRISBURG, PA 17111
L
...JL
--.J
PO\.ICY PERIOD: FROM 0310111997
TO:
0310111998
1t:D1 A.M. Sliondanl Ti.... at your ....,;lirIg address _ .\>oft.
BUSINESS DE$CRIP'1JOIf:
ROAD~ONCRETECONSTRucnON.QUARR~S
NAMED /H$URI:O IS:
Corporation
,
IN RET~ FOR THE PAYMENT OF THE PREMIUM. AND SIJIUECT TO AU. THE TERMS OF THIS POUcY. we AOIlEE wrnt YOU TO
PROVIDE THE INSURANCl; AS STATEO IN THIs POLICY.
ntIS POLICY CONSISTS OF THE FOU.OWING COvERAGE PARTS FOR WHICH A PREMUJM IS lNOICATED. THIS PREMIUM MAY BE
SUBJECT TO ADJUSTMENT.
PROPERTY COVERAGE PART
GENERAL UA8IUTY COVERAGE PART
INlAND MARINE COVERAGE PART
BOILER AND MACHINERY COVERAGE PART
PREMIUM
$ 27,392
$ 142,951
$ 13,145
$ 3,897
TOTAL
$ 187,385
FORMS APPUCAa.e TO ALL COVERAGE PARTS:
$l!E SCHEDULE OF ENDORSEMENTS
COUNn;RSlGfIlEO
BY
~~)
IAoIhorlzed Representlllive)
CP02 (03 SO)
- 'I>.'
C:",~
.'
,. "
'-"0-",
>,,' j- -,. , - '"
~, ,_ --','- ,~:,c--";""k1'< -. d>.
" - ~
THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY
ASB~TOS EXCLUSION ENDORIMENT
This Insurance does not apply to:
1. -aodUy injury" or .property damage. which is allributed 10 or is alleged 10 hlMl been t:auscd by exposure 10
asbestos or asbestos containing materials which aTe manufactured, sold, handled, main-taine<f, repaJrvd,
removed, disposed of, transported, distributed or installed by Of on behalf of Ibe insured or by olhelS trud'mg
under his Of its name: or .
..
2. Any loss, cost. Of expense which is atlributed 10 or is aDeged to have been caused by a health hazard
related 10 asbestos or asbestos oontaining matetiaf$ induding the cleanup, repair, removal. containment.
inc!uding enc;apsutalion. or any other c:orredive measures taken eithet voluntarily or at Ibe d1rec:lion of any
govemmental entity 10 eliminate. reduce. conlrol, mOnilw, or test for suc:h health t1azmd because of the
ellistenc. of asbestos wilhin the land andlor building which are eiltlet' owned, leased or oIberwise wilhln the
. eare, custody or control of the insured.
It Is agreed that the Company shall have no duly or obligation to derend or investigate any claim exc:Illded by this
encforsernenL
This endPJSel1lent changes the policy to which it is attached and is effec:tive on the date Issued un\&ss othelWise
stated.
Effective Date of this Endorsement 0310111997
This endOl$ement (orms a part or
POLlCY NO. 8Z9700-33-63-74....
ISSUED TO HeMPT BROS 1Ne;
ISSUED BY PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY
POLICY DATED 0310111997
Dateissued 0411011997
Gl32(NEW 11187)
e:1ii~
t:NUUK~::U:MeNT
o PcOYNO. 829700-3~.74-4
Contractual. Liabi.llty - Railroads:
TInS KNDO~ CDNCZS nm POLrcy. ~ RZAD r>l" ~Y.
CON'l'RAC'l'UAL LrABXX.= - AAXLRQIU)S
Tbi._ _ndo,..s_..,. _~.1... J.....ur_ J>"'ovi.d.4 _r the ~oU_J.._:
~CD\L ~ LI:I\B:tLXn COVJ:JIAGZ p~
SCBEDULJ:
ac_ul.cl :Ra11roa4: .IlHr1UUI:. camuu:L, POc:QNO ~'II JUI'I'[Jl.OJ\D. RP'IIA
Wi.t:h respect: to "eonstZUC't..10ft operat1.ohs" P.~ozmed for or d~.Ct:i.1'l9
.. Scheduled IlAilroad, the ~~i.t>iUOI> ot! whoour.d contract" 1.n the
PEFJ:KXTXONS s..cUon ;I.,. rep1.._ 1>1' the t'01.10,,1.n9:
6:.. .Insuz:ttd. Contract" JAe.n~:
&. A contract for & 1...._ o~ pJ:'ead....,.. IlcnJ__r. ~'t. porUon ~
the c:amtr..ct for a 1...... g p~_. ~t ............J.._ any
_r._ or org'ani".UOIl t!or .s-~. by t!J._ t:o p~_. WbJ..le
rent:a4 to you or ~ ..... .,.r...,J..ly ........"ed. by you ...i.l:b pelClld...ion
of ~ 0_'" i. bot &It u.sured. contract.
b. A s.1c1ot tradt a~t;
i
e.. Any ....s....nt or 1.ic:ans. aqJ:ecmeQt~
01. l\n obl1gaU.on. ...... ~r.d. by oJ:<ti.__. to i..<.>-' fy ..
IINnicJ.paJ.i.ty, e.zc:ept in eoanection vi.tb work for.
......1cip.a.lity:
e'. An .~ev&t:.or maintenance a~nt;
f. That part of a.ny otM~ contract:. 0): "9'recmeD~ perta.:lnio.g- to
your business (includ.1nq an ;l.nd.. . fic::at.1on of .. mnde:i.J>&1.1 ty
in connection ,,:i.tb work _rfo=-Q for a mun.1c:Lp&1..1ty) UDder
_hi.eh YoU a........ the to,.-t 1:lal>i1:Lty of anoth...:. party to pay
for wboc1i.1y :Lnju~. or wproperty daaegotw to a t!U.= person or
orfJan1zatiol>. 'ror\t 1iaDi1.i.ty __s a U.aD:LU.ty Ulat woo14 b-.
i.1IIJi>O.ed ~y loa. 1.n. 'the ab_bCW or any conuact or a~A ..-11:to...
1'ara9"'aph ~ _ dott. not :Lnc:1.ucle tbat part of any contract or &9"- .nl::
{l) That. indemnifies an architect, enq1neer or ~or for' J.ttjury
or -9- ar.i.si.nIJ .....t of":
Ca) l'lC'epar.i.ng, approv:L1IIJ or ra:il.f.D9 to ~ or appro_
map... draving. Opinion, report$. surveys. ch.ang6 order..,
d..si<;JIls or '"P'"c:Lf":Lc::ations; or
AP27 GL 03 Page 1 Qf 2
~.,~
-
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, "J-,-_" "
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- ----.- .....
(b}
Q P~YNQ
,: vJ.n'1 d1~ct.l.on. or .l.cstructi., or
th_. i~ u.at i. the pr.1m&xy cau_ o~
~;
829700-33-63-74-.4
t".l.1i:n9 to '1.l.ve
~ ~jury or
(2) UJ:>dez: which u.. .lIltS"""", .If an arc!U.tec:t. ....'1i.._r Or
surveyor, ...._ l.l..:bil1.ty Co:!: AI> .l.ajurr or damage &risi.n9'
out o~ u.. 1n....~'. renderj,ng- or t"a1.J.ure to :r:m>.s.:r:
ptof..sJ.OI1aI. ..rrJ...... I:>cluc!J.nlJ tbo... 1.1..._ ~ paragr...ph
(U ..:bove and .up<Ilrv.l..oxy inspection or "~_r.LIIlJ -....nee_.
(3) under wh..teh ~ .I....urwd ....._. l.1._:l.:u.&:r Eo", J...j~ 0:1<"
_~. ..".i..:I.ng out of or .,.".<04 t>y an act oJ:!' -....1._ o~
aJlot:ber party, .I.!' ~ act or om.I.Il..l.o", ax. ~. aol. pro .__~
".u.. of the :I.n3.u::r ~ damage..
'1'1>_ t"ollo..ing- c:t.CJ.n.l.Uon :La add...:l to Sl:CTl:0N V - t>~I:OKS:
.Con.truction Operat.l.o...- _.... ..ork or op.rat.l.o..a per.f'orme4 t>y t.boo
in.w:ect for.- or aCf.ct:..I.Dq a _l.d _:Llread. But ...-..trucU....
operat1.0ns" doe. 1'10~ j,ncluc:t. &DY o~ th. ~o~~cnd.Dg:
.... OJj>eX"at.:1.ons J.n...o1v.f..:D'9" work on any 1:'.1.11:'0&d. tz"&~:
D. ~raticnuo involv1.l>9 t~1ng- uradAor or .......tzuct:..1..... o~
1>l<'.I.dges or o....rpaIl.... ove.. _y ra.l.l..0&4 u.c1ta;
c. work on -:l/' ....I.r.l...'1 .........i...tee! ....l.th l:hoo rU1roacS track. 0:1<" on
t:.J>e ca t:....axy.
d. work upon .."y ruJ.ro...d .~gnaI. or wa""i.ng syst.Dll_
.
AP27 GL 03
Pag" 2 of 2
re.~
^ ~_.
<vL_'.-i__.'_".. .
~:
POUCY NUMBER: 829700.33-63-7+4 COM.fERCIAL GENERAL LIABILITY
THIS ENDORSEMERCHANGES THE POUCY. PLeRe READ IT CAREFULLY.
BOATS
This endon:emAnt mocllli4os insurance provided under the following:
CO!oJMERCIAl GENERAl LIABILITY COVERAGE PART
SCHEDULE
Description of Waterc",rt;
MN OWNED ROW BOAT OR PONTOON BOAT
AdditIon.al Premium:
(If no entry 8JlP88rs abcJvjl, information required to complete this endorsement wll be shown in the Oeclanttions as
applicable 10 this endorsement.)
1. Exclusion g, of COVERAGE A {Section I} doe$ not apply!o Bny watercraft owned or used by or rented 10 the
insured shown In the SChedule. .
2. WHO IS AN INSUFtED (Section II) is amended to include as an insured any j>eISOn or organizDtion Iegany
responsible for the U$8 of any $uch watercraft you own, provided the actual use is with your permission.
CG 24 12 11 85
Copyright, Insurance Services Office.lnc.. 1984. 1992
C-1ZZ3
,r- -~1Ii.
(2) Any loss, cost or expenA., ", arising out of
any. ~
(a) Request. demand or order issued or
made pursuant 10 any enWonmenI3l
"'~ or erMronmental labilly
stabJtes or regulations that any insured
test for, monitor, clean up. remove,
conlain,lreat. detDxify or neulJalze. or i1
any way 1........,00 to, or assess the
elfeds of pollutants; or
(b) Claim or suit by or on behalf of e gOll-
emmental authority for damages be-
cause or testing for. monllolln9. deal1ill(J
UP. removing, c:ontming, treating,
detollifying or neulrBlizing or i1 any way
respoming to Of a:S$.$ 'ng the elfecls of
poDul3nls.
PoOutanls means art{ soid. liquid, gaseous or
thelma! irril8nt or c:onIaminant including smoke.
vapor, soot, fumes. acas. 811ca1is. chemicals and
waste. Wasle indudes material to be recycled,
rec:ondIlIoned or redaimed.
R. W\lh respect 10 .bodiIy injwy" or .pto~ dam3g0.
arising out of the 8du8l. alleged or threatened
cflSCbarge. dispen;aI, s&e.~. uy..ti..... release or
escape of pollutants:
A. The "Eec:h Occ:urrenca Limit" shown in the
. Declarations does not apply.
B. Paragraph 7. of lIMITS OF INSURANCE
(Section Ill} does not apply.
.
;_"i'~l.,~, ',';OIiJ;;,;.j;,-'i,;:,,,,'j'J:;l.,i, "-'>ID~~_~.>
. C.
Paragraph....of LIMITS OF INSURANCE
(Sec:lion III) 9!aced by the follov;lng:
1. The I.inits of InsurallC$ shown i1 the
Dedar.dions, or i1 the Schedute of this
endorsement, and the rules below file !he
most we MI pay tIlgaJdIess of the number
of:
a. Insureds;
b. Claims made or .sub. brvught; or
c. Persons or organizations making
claims or bringing "suits.-
O. The followin9 are added to UMlTS OF IN-
SURANCE (Section /11):
8. Subject III 2. or 3. above, whictIever applies,
the LImited Pollution Uabiity Eldension
Aggregalla Uml shown in 1he Schedule is the
most we will pay for the sum of:
iI. Damages under Coverage A; and
b. MecIicaI expenses under CoVerage C
bou-...." . of .bodIIy injury" or -property
damage. arising out of1he ac:IuaI, alleged or
threalened dischaIge, ~. seepage,
mQnition, release or esc:ape of potIulanIs.
,. S~ect taB. above. 1he lit "~I ~_
linit is the most we will pay under Coverage
C for all medical ~ es because of
"bodily injury" ~..,d by any one petSOIl
arising out of the acIuaI, alleged or
lhtee.tened dischaIge. dispersal. seepage,
IT,;,,ralloll. release or escape of poIIutanls.
CG 2415019&
Copyright, Insurance Senriees Office, Inc., 1994
C,'223
Page Z of Z
-..,
d "
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. -l~ _'", ,_ ,_", c
. ~ .It.._K
. - ->'!-. ~._'Y9_"'~..
---.-....-...--- --......~--.,._..
THJS IS ClAIMS MADE C~GE. F>l.EASE READ THE ENTIRE eaRSEMENT CAREFULLY.
EMPLOYEE BENEFITS LIABILITY INSURANCE
This endorsement modifies insurance provided under the rollowing:
Commercial General Uabil1ty Cover"IJe Pan
Schedule-
Limits of Insurance
Each Claim limit
Deductible Amount S1.OO0
Estima~d Number of Employees:
Aggrwgata Umil S1.000 000
&cb Employ_
S1 000 000
Rata per Employee: .117
Advance Pnomium: S200
Retroactive Da~:
311197
This insurance does _t apply to actual or alleged hegligent acts, errors or omissions wbic:h occuned prior to the
~tro.ctiY. dat..1f any, shown above,
Covered Employee Benef"Jts Programs other than those listed in Paragraph H:
A. The following COV1!tage EBL is added to
SECTION l-COVERAGES.
COVERAGE EBl.- EMPLOYEE BENEFITS
UABR.JTY
1. Insuring Agreemenl
a. W., WIll pay those sums that the insured
becomes legally obrrgated to P'WY as
damages because of negligent acts. elTors
or omissions arising out of the
.administralion" of the insured's "employee
benelils program".
b. We will have the right and duty to defend
any -suit" to which this Insurance applies,
seeking damages. but
(1) We may investigate and setlle any
claim or "suit" at our discretion;
(2) The ..mount we win pey (or damages
is limiIed as described in SECTION III
- LIMITS OF INSURANCE; and
(3) Our right and duty to defend ends
when we have USl!ld up the applicable
limit of insUrance In the payment of
judgments or setIIemenls.
c. This insurance applies to damages
because of a negligent act. ell'0f or
omission in the "administtation" of the
insured's .employee benefits program"
only If:
(1) The negligent act. error or omission
out ofwhic:h damages arise is
commllted in the .mvensge territor(
and
(2) The claim for- damages because of a
negrllJent act, error or omission in the
.aclminisll'ation" of the iMured's
"employee benefits p.vgrat,," is fin;t
made during the poIic:y period by:
Pf3L 30 70 (10J96 "d.)
C.l223
. Pall" 1 of 5
- "'1.',''; .",' ',,-, .'" _~~: .'e",;,,, _""",',,_, "",~ ',~<;,:,,' '~I, -' /~:
(a) an -employee" f. To J~rising out of !he insured's failure
(b) a ronner "emPloO; or to c 'I with the mandatory provisions of
any IlIw concerning workers'
(o) The beneficiaries or legal compensation, unemployment insurance,
representative of an "employee" social security or disabilily benellts.
or former "employee-. g. To loss as a result of actual Of alleged
d. A claim by a poISOn or organiZation error or o~ or bfeaOO of duty,
vNlbe deemed to have been made c:ommillecl Of aDeged 10 have been
when notice of such claim is received commtlled by a trustee or administrator, in
and recorded by any Insured or by us, the disc:harge of fiduciary duties,
whidlever comes first. obl"lQ81lons or responsibjlj\ies imposed by
All claims for damages by the _ the Federal Emp\oyee ReflR,ment Income
e. Sec:urity Ad of 1974 or Tille X of the
person and due 10 the same negrlgent COIIsoIicfated omnibus BucflMlt
act, error or omission win be deemed Reconc:ilialion Ad of 1985 (pUblic: law 99-
to h_ been made at the time the 272) or Section 9319 of the Olnhibus
lIrst of those claims is made against Budget Rec:ondlialion Ad or .1986 (public
any insured. Law 99-S09) or any ameildtnimls to these
f. Written nob given by the insured to Acts.
us dUring the policy period of en act, h. To loss or damage forwhic:h benefits have
enor or omission talcing place during accrued under the terms of an empIll)'ee
the policy period whidl may result in B benefit plan 10 the extent that such bene_
claim will be c;onsidered a claim are available from funds ac:t:RIed by the
made against the insured during the Insured for such benefits or from
poIlcy period. colledibl& insuranc:e, nolwilhstanding the
.2- Exclustons insured's act. enor or ornisslon In
administering the plan which precluded the
This insurance does not apply: claimant fTom rec:eMng woo benefits.
a. To loss arising out of any dishonest. I. If as of the effective dale of Ibis policy. the
fraudulent, criminal or malicious act insured had knowledge or could
or omission committed by any reasonably foresee any c:ircumstances
Insured. which might result in a claim.
b. To "bod~y injury'", 'property damage". j. To fines. penalties or taxes.
'personal injury'" or "advertising k. To damage for actual or alleged aels,
injury". elTOrs or omissions whidl were commilled
c. To 10$$ arising out of the failure of berore the Retroactive Oate shown In the
performance of contract by any schedule.
insurer, group administrator or health I. To loss of money, bIlnknotes. bullion,
mainlenance organiZation. checks, money orders, and all ather
d. To loss arising out of an insufficiency negotiable and nonnegotiable instrumenls
of funds to meet any obligations represenling money.
under any plan included in the m. To 10$$ as a result of actual or alleged
"employee benefits program". d'l$CI'imlnaUon, hurm1iation. or mental
e. To any claim or "suit" bIlsed upon: anguish.
(1) Fa~ure of any illl/9stment to n. To 10$$ arising out of actual or.alleged
perform as represented by any taBuna to comply wlIb the requirements of
Insured; or the Americans with Oisabililies Act.
(2) Adllice given 10 any person 10 o. To any claim b..sed on the liability of
participate or not to participate in OthelS which Is assumed by the insured
stock subscripoon plans or under a contract or agreement.
salling programs.
Page20fS
PGL 3070 110Jll6 lid.) (;.1223
-
p. To any claim that a writlaor spoken
statement harmed a peW's reputation.
q. To any claim based upon the faUure to pay
",ore than the usual cus10mary and
reasonable denial. meolCal or hospital
expense.
B. SUPPLEMJ;NTARY PAYMENTS-COVERAGES A
AND B amended to include COVERAGE EBI.
c. SECTION --WHO IS INSURED is amended as
follows:
1. As respecls coveralle avaUable under
Cowrag" EBl. Paragraph 2. is deleted and
replaced as follows:
2. Each of the following is also an insured:
a. Each o( your partners, execulille
officers and employees who is
aultlorized 10 administer your
"employee benefits program".
2. As respects coverage avaUable under
Cowrage EBl, item d. is added to PSlllglllph
4. as follows:
d. Coveraoe EBL cloes not apply to any
actual or alleged negf'llent act, error
or omission that was committed
before you acquired or fonned the
oTganiulion.
D. sEcnoN a~MITS OF INSURANCE is amended
as follOW$:
1 . As respects coverage available under
Coverage EBL, Paragraph 1 is deleled and
replllced by the following:
1. The Umits 01 Insurance snown in the
Schedule for this endorsement and the
rules below llx the most we will pay
regardless of Ihe number of:
a. Insureds;
b. Claims made or 'suits" brought: or
e. Penoons or OIganizations making
claims or bringing suits.
2. It..",", 8. and 9. ant added as follows:
8. . The Aggregate Unlit sh..- in u,.e
Schedule for this endorsement IS the mosl
we wiD pay for all damages under this
coverage.
PGl 30 70 (10196 ed.)
C-1223
.-," .~
'"" ,""~'-"',,--- ",'", ;' k<~ ,,-.L,UiBJ "~I:iI~k-11
.
'oj *:,;.
9. Sl/i)lect to 8. abow, !he Each Claim Limit
. most _ will pay forall damBg8S to
any one "employee" ,im:tuding
dependents and beneficiaries.
E. SECTION W-CONOmoNS is.amended as
follows:
,. As respec:ts coverage available under
Coverage EBL. conclilions 2.4 and 5 are
deleted and replaced as follows.:
2. Duties in the Ewnt ot an Act, Error or Omission.
Claim or "Suit"
a. TM insured must_to it \hat.,.e are
notified as Soon as pradic:alll!' of an actual
or alleged act, elTOr or Of1'lio:sion'whic:h
may result in a claim. To the eld9nt
possible. notice should include:
(1) How. when ahd wile.. the scf. error
or omission took place: and
(2) Tt1a nam_ and addresses of any
"employees" Who may suffer
damages as a result of the actual or
alleged acf. error or omIssiDfl.
b. If a claim is received by any Insured you
must:
(1) rmmediately record the spec:ifies of
the date received; and
(2) Notify us as soon as prac:tic:able.
You must see 10 it that _ receiw written
nob of the e1aim as soan as pracflc:able.
0. You and any other involved insured must:
(1) Immedlatelysend us copies of any
demands. notices, summonses or
legal paper received in connection
with the claim or a '$lilt";
(2) Aulhorize us to obtain records an"
other information;
(3) Cooperate 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
person or OIganlzaflon which may be
liable to an insured because of
damages to whid\ this insurance may
also apply.
Page 3 of 5
-,
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. - ~ " ',,-,-'';' ,-,' "~
'1
4.
No insured{s) will. ex_ at their own
cost, Voluntarily' ma~yment.
assume any obf'IJstion. or incur any
expense without our consenl
Premium
. (i) the other insurance has a
poliey period which
continues after the
Retroactille Date shown In
the Schedule of this
endorsement
WhEln this Insurance is eltoess over
oltler insunmce. we wiD pay only our
sha,.. of the amount of lhe 1oes.1f
any, that exceeds the sum of:
(2) The tolaJ amount u...t all such
. other insurance WlHIId pay fOf
lhe loss in lhe absence of 1his
insulilnce; and
(3) The total of aU deductible and
self-insured amounts under all
that other Insurance.
We will share lhe remaining loss. if
any. wiftt any other Insurance that is
not desc:iibecl ill the Excess lnsurance
provision and was not bought
speQfic;ally to apply in elOC8SS of the
limits of Insurance shown In the
Schedule of this endol'$8ment
c. Method of Sharing
If all of the oIher insurance pecmlts
con\ribUtions by equal shares, _ will
follow this method also. Under this
approadJ each Insurer contributes.
equal amounts until II has paid lis
applicable limit of Insurance or none
of the loss remains, whichever comes
firsL
d.
5.
The premium shown on the Schedule is Bn
estimated premium only. At the end of the
poIiq period you shall, upon our request,
furnish us Ylilh B statement of any
perwnnel t:hanges since the effective dale
of this coverage. We will then compute
the earned premium ba$ed upon our rules
and rates. If the earned premium ~s
the estimated premium you shan pay the
I!J(CSSS to us; it it is less we willretum the
difference to you.
Other Insurance
If other vard and collectible insurance is
available tQ en insured for a loss we cover
under !his endorsement, our obligations
are Iimiled as follows:
B. Primary losul1lnc:e
This insuranee is primary except
when (b) below applies. I( this
InsufllnC8 is primary, our obrogations
are nllt alfec:tad unless any or the
other insurance is also primary. Then
we will share with aU that other
\n$Ufflnce by the method described in
(c) below.
b. Exce= Insurance
Insurance provided by this endorse-
m&nt is excess over any olher
insurance. whether primary. excess.
contingent or on any other basis:
(1) 'That is effectille prior 10 the
effective dale or this
endOfSement and that applies to
~amages on other thal a claims-
made basis. if;
(i) no Retroactive Date is
shown in the Schedule of
the endorsement; or
F.
If any other insurance does not permit contn'bulions
by equal shares, we will contribute by limits. Under
this method. eac:h insure(s share Is besed on the
ra60 of its applicable \irnit of insurance 10 the total
applicable liml\$ of insurance of all insurers .
EXTENDED REPORTING PERIOD .
1. We will provide an automatic Extended
ReporJlng Period 0811 if;
a. Coverage provided by this ehdorsement is
cancened or not renEl'>'lUd for any reason
exoopt for non-payment of premium; or
Page 40( 5
PGL 30 70 (10196 ed.)
C'1223
b. We renew or replace With coverage that
has iI Retroactive 03tAar than the one
shown in the Schedul~ this
endorsement.
2. A claim first made during the Automatic
Extended Reporting Peliod will be deemed to
have been made on the last day of the policy
period, provided that the claim is for damages
because of an act. error or omission that
occurred blit10re the end of the polic:y period of
this policy (but not before anyappflCBble
Retroactive Date). The Ex1ended Repol1lng
Period will not reinstate Of increase \he limits of
Insurance or extend the porq period of \he
policy 10 which this endol$Om..nt is atlached_
3, The automatic Extended Reporting Period will
be for 60 days, starling with the end of \he
policy period of the parocy to which this
endorsemenl is attached.
This automatic Ex1ended Reporting Period
apprl8S only if no subsequent insurance you
pun:hase applies to the claim, or would apply
but for the exhaustion of Its appUcable limit of
insuranoe.
"Adminisltation",
8. means your:
(1) Counserrng "employees", including
their dependents and beneficiaries,
. with respeCt 10 the "employee benefits
program";
jjl Halldrlllg records in conn$Ction v.ith
., the 'employee benefits program", or
(3) Effecting or terminating any
. 'employee's" partic:lpation irI a
plan inclucledin the "employee
benefits program'
b. but does not include:
(1) Any act error or omission of any
person BCtiltg in lhe capacity of
IIlicfuciary under the EmployBe
Retirement Inc:ome Security Act
of 1~74 as amended, and any
. rule or regulation relating to \hat
act;
(2) The giving of legal counselor
the unauthorized practice of law;
(3) The giving of tax a<Mce or
making repre~tatIon as to tax
eonsequenc:es; or
(4) Any ac:t, error or omission of an
Insurer or third party
adrninis1rator.
"Employee Beneflls program- means the
following plans:
3_ Group life insurance. group accident or
healtb insurance, "profit sharing plans",
IRS quaJllied pensiOri p1arisand "stock
subscripllon plans". provided that no one
other than an "employee" may su~be
to such insurance or plans;
b. Unemployment insurance, social security
benefits. woiXel'$' compensation and
olSability benefits;
c. Any other similar plan designated in the
Schedule of \hie emlorsemenl
"Prolit sharing plans" means only such plans
that ate IRS qualified and 'equally available to
all full time "employellS'_
"Stock su~pIion plans" meens only suc:h
plans that are IRS qualified and equally
available to all fun time "employ.;es".
2. Paragraph S. of Section V- De1inilion is deleted
and replaced as follows:
5. "employe~" means your ollicers.
partt'lelS, and emplll)'e8S whether activity
employed, alS8b1ed or retired_
Employee includes a "leased worbr".
Employee does not include a "temporary
worket'".
G. Deduc:1ible
1_ Our obligation to pay damages on blithalf of the
insured BWrl8$ only 10 the amount or damages
in eXcess of the eec:h employee deductible
amount shown in the Schedule for \his
endon;emenl Neilher the Each Claim Umlt or
the Aggregate LimIl will be reduced by lhe
amount of this deductible.
2. Claims resulling from the same negligent
aeI(S), error(s) or omission(s) of one or more of
!he insureds are a single claim. and only one
deductft>le applies_
3_ . We may pay an or part of the deductible in
order to selUe any claim. You wl1l reimburse us
promptly for any deducbble amount we pay.
H. SECTION V-DEFINITIONS is amended as follows:
1. k;. respecl$ coverage avaa"ble under
coverage EBL, the following det\nitiOns are
added:
PGL 30 70 (10/96 ed.)
c-~~
Page 5'01'5
THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY.
EMPLOYMENT-RELATED PRACTICES EXCLUSION
This endornement modifies Insurance provided under the following:
COIv'MERCIAL GENERAL LIABILITY COVERAGE PART
(3) Coercion. dem06on. evaluation,
reassignment, discipline. defamation,
harassment, humifialion, discrimi-
nation or other employmen1.related
practices, policies. acts or omissions;
or
Z. The following exclu&ion is added to COVER.
AGE B (Section I):
c:. 'Personal injury" arising out of any:
(1) Refusal to employ;
(2. Tenninalion or employment:
(3) Coercion, demotion. evaluallon. reas-
signment, alSCipline. defamation.
harassment, hurnrT.ation. cliscrimi-
nallon or other employment-rnlated
practices, policies, acts or omi$sions;
or
1. The following exclusion Is added to COVER-
AGE A (Section I):
o. "Boday injury" .arising out of any:
(1) Refusal to employ;
(2.) Termination of employment;
(4) Consequential "bodily inj ury'" as a re-
sun of (1) through (3) above.
(.) Consequential "personal injury" as a
result of (1) through (3) above.
This exclusion applies whether the insured may be
held liable as an employer or in any other capacity
and 10 any obligation to share damages with or 10
repay someone else who must pay damages
because o( the injury.
/
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P701l (II" 91)
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RBI -PMAICDECLARATORY ruDGMENT ACTION '.8, 20l11/DISK 31
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EXHIBIT B
11
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"t PENN NATIONAL COERCIAL GENERAL LIABILITY~VERAGE PART ~ECLARATIONS
INSURANCE OCCURRENCE POLICY
Pll'll'S~ Nalional ~teICasuallyll'llllll'l!llCeCompany REISSUED DECLARATIONS
Pern NatlCll'8l Secooly Insurance Company
, ::>.0. Box23&l' Hemsburg.PA mos
NON-ASSESSABLE THIS POLICY IS SUBJECT TO A GENERAL AGGREGATE LIMIT
POLICY NUMBER '.OM POLICY ?ERIOD '" COVERAGE IS PROVIDED IN AGENCY
BR
DP9 0069760 03/01/98 103/01/99 PA NATIONAL MUTUAL CAS INS CO 0002241 31
NAMED INSURED AND ADDRESS AGENCY
HEMPT BROS INC K R MACDONALD INC LA
SILVER SPRING CONSTRUCTION CO P o BOX 4500
PO BOX 278 205 CREEK ROAD HARRISBURG PA 17111
CAMP HILL PA 17011
'OLlCY PERIOD: POLICY COVERS FROM: 1 2:01AM. STANDARD TIME AT THE ADDRESS OF THE INSURED STATED 'ABOVE.
=ORM OF BUSINESS: CDRPORATION BUSINESS DESCRIPTION: ROAD BUILDING
IN RETURN FOR 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.
LIMITS OF INSURANCE
GENERAL AGGREGATE LIMIT - -
(OTHER THAN PRODUCTS - COMPLETED OPERATIONS) $ 3,000,000
PRODUCTS - COMPLETED OPERATIONS AGGREGATE LIMIT $ 1,000,000
PERSONAL AND ADVERTISING INJURY LIMIT S 1,000.000
EACH OCCURRENCE LIMIT $ 1,000,000
FIRE DAMAGE LIMIT, ANY ONE FIRE $ 100,000
MEDICAL EXPENSE LIMIT, ANY ONE PERSON $ 5,000
PREMIUM INFORMATION
PREMISES NO.
1
11 CAMP HILL QUARRY
205 CREEK RD
CAMP HILL PA 17011
CODE
44444
PREMIUM BASIS PER
$7,041',760 Cor1POSIT RATE
RATES
PREMS/OPS PRODUCTS
VARIOUS &~o,~9/S-
-=
COMPOSIT RATED SEE ATTACHED COMPOSIT RATE ENDORSEMENT
ADVANCE PREMIUM
PREMS/OPS PRODUCT
INCLUDED
i~g~!~;~~~~~E~E.~~~I!~:~g~~j~:i;~I!llrllll!li!;;:!;lil'1;;Urltl~l~i~I~IJ,lillllal;i
FORMS APPLICABLE TO THIS COVERAGE PART:
7.1.0680~ 04/96 710543/ 12/93
CG0055/ 03/97 CG2147/ 10/93
7016B/ 11/93 710619/ 05/95
l/Q
CGOOO 1-
710546/
710678~
CG2412./
01196
01194
01/97
11/85
CG2150......
IL0021-
710741-
701909 /
09/89
11/94
10/97
01/98
'<I'C;=
'Me
I 9 9 8 COUNTERSIGNED BY:
2 99 1 6 11 N Authorized Representative
Linda L. Follett
THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART COVERAGE FORM(S
AND FORMS, IF ANY, ISSUED TO FORM ^ PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY.
FORM 71-0029 (Ed. 03/91) ISSUED 03/30/98
",. PENN NATlOrO.
INSURANCE
Pennsylvania Nalional Mutual Casualty Insurance Company
PetlA National Security Insurance Company
P.O. Box 2361 Harrisburg, PA 17105-2361
.
THIS ENDORSEMENT CHANGES THE POLlCY. PLEASE READ IT CAREFUllY.
This endorsement changes the policy effective on the inception date ofthe policy or as 01 the date indicated below.
DP9 0 06 97 60 3/1/9B 3/1/99
..... 'PO"cY~"""" ..itt~e" ......... ...&Ptri~g'"
#1 3/1/9B
.., . '~~NO:"""""'" ........ .. .. 'eft~~'"
... .~:'~.P.~ .1l!.~~: ,. .~~y:....... .................
lS$uedto
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Agent
................ 'Au~r(~~;e;~nia~..:e"""""""'"
Linda L. Follett
AMENDATORY ENDORSEMENT
IT IS HEREBY UNDERSTOOD AND AGREED THAT 14.AX J HEl-IPT IS ADDED AS
Al"\f ADDITIONAL NAMED INSURED BUT ONLY AS RESPECTS HIS INTEREST IN
160 ACRES OF FAR/4 LAND LOCATED AT SECTION LT 34, FAULK COUNTY,
FAULKTON SO.
Form 70-16B(Rev.11/93)
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'I,r. PENN NATlON,4!I\
1 ~ INSURAN~
Pennsylvania National Mutual Casualty Insurance Company
Penn National Security InSUraJ1ce Company
P.O. Box 2361
Harrisburg PA t71Q5.2361
o
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUllY.
CONTRACTORS SPECIAL LIABILITY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
I. VOLUNTARY PROPERTY DAMAGE
A. We will pay, at the request of any named insured, for "voluntary property
damage" to the property of others provided:
1. the "voluntary property damage" occurs while such property is in the care,
custody or control of an insured or to property over which an insured is, for
any purpose, exercising physical control;
2. the "voluntary property damage" arises out of operations away from
premises owned by, rented to, or controlled by the named insured; and
3. the "property damage~ coverage of the policy would extend to the
operation causing such loss.
B. The insurance under this coverage does not apply to "voluntary property'
damage" to property:
1. while being transported by, or caused by the ownership, maintenance,
operation, use, loading or unloading of any automobile, watercraft or
aircraft; or
2. rented to any named insured.
It This insurance will apply only to loss that is in excess of $250 for each
"occurrence."
D. The most we will pay under this. coverage is $750 for each "occurrence" and
$5,000 total for the policy year.
E. Payment under this coverage will not include any prospective profit or overhead
charges of any nature.
70190901 98
page 1 of 2
~_ . I _
II
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F. ''Voluntary property damage" as used in this coverage means physical injury to
tangible property and does not include disappearance, abstraction or loss of
use.
II. SPECIAL BROAD FORM PROPERTY DAMAGE LIABILITY COVERAGES
A. Section I. Coverage A., paragraph 2. Exclusions, sub-paragraphs j.(3), j.(4) and
j.(5) are modified as follows:
Exclusions j.(3), j.(4) and j.(5) do not apply to the first $2,500 of 'property
damage" for each "occurrence" that would otherwise be insured except for the
application of these exclusions, as long as the "occurrence" takes place away
from premises you own, rent or control.
B. Section I. Coverage A., paragraph 2. Exclusions, sub-paragraph I. is deleted
and replaced by the following:
I. Damage to Your Work
'Property damage" to that particular part of "your work" arising out of it or any
part 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 a subcontractor.
70190901 98
page 2 of 2
,,(
PENN NATlONALC)
INSURANCE
.
Pennsylvania National Mutual Casualty Insurance Company
Penn National Security Insurance Company
PO. aox 2361
Harrisburg PA 17105-2361
DP9 0 06 97 60
EMPLOYEE BENEFITS LIABILITY ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
BUSINESSOWNERS LIABILITY COVERAGE FORM
GARAGE COVERAGE FORM
SCHEDULE
Limits ofInsurance
Deductible
Each Claim Limit $ 1,000,000
Aggregate Limit $ ~. 000 .000
$ 1. 000
No. of Employees
Rate per Employee
$
Advance Premium
$
Minimum Premium
$
Class Code
96102
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
INSURING AGREEMENT
We will pay under this endorsement those sums that the insured becomes legally obligated to pay as damages because
of a claim or "suit" brought by any employee, fonner employee, or their beneficiaries or legal representatives in
connection with any negligent act, error or omission that arises from the administration of your "employee benefits"
programs.
We will have the right and duty to defend any "suit" seeking those damages. But:
The amount we will pay for damages is limited as described in the Schedule as Limits ofInsurance;
We may investigate and settle any claim or "suit" at our discretion; and
Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of
judgments or settlements under this endorsement.
This insurance applies to acts, errors or omissions which first occur while this endorsement is in effect.
WHO IS AN INSURED
With respect to this endorsement, the WHO IS AN INSURED section is modified to include employees only while
authorized to act in the administration of your "employee benefits" programs.
Form 71-0619 (Ed. 5/95)
(Over)
o
.
EXCLUSIONS
Insurance under this endorsement does not apply to any claim or "suit" arising out of:
a. any dishonest, fraudulent, crim inal or malicious act;
b. any "Bodily Injury," "Property Damage," "Advertising Injury" or "Personal Injury;"
c. any claim for failure ofperfonnance of contract by any insured;
d. any obligation of the insured under a workers' compensation, Social Security or disability benefits, or
unemployment compensation or similar law;
e. any failure of stock to perronn as represented by you;
f. any advice given by you to your employees to participate or not to participate in stock subscription plans;
g. any claim resulting from the tennination of any "employee benefit plan; or
h. any actual or alleged error or omission or breach of duty, committed or alleged to have been committed by a
trustee or administrator, in the discharge of fiduciary duties, obligations or responsibilities imposed by the
Federal Employee Retirement Income Security Act of 1974 or Title X of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (Public Law 99-272) or Section 9319 of the Omnibus Budget Reconciliation Act of
1986 (Public Law 99-509) or any amendments to these Acts.
LIMITS OF INSURANCE
The Limits ofInsurance shown in the Schedule of this endorsement and the rules below fix the most we will pay
regardless of the number of Insureds, claims made or "suits" brought, or persons or organizations making claims or
bringing "suits;"
The Each Claim Limit is the most we will pay for damages arising out of anyone claim or "suit."
The Aggregate Limit is the most we will pay for the sum of all damages under this endorsement.
The Limits of Insurance apply separately to each consecutive annual period and to any remaining period of less than 12
months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended
after issuance for an addition period of less than 12 months. In that case, the additional period will be deemed part of
the last preceding period for the purposes of determining the Limits ofInsurance.
DEDUCTIBLE
In the event of a claim, the deductible shown in the schedule ofthis endorsement shall be subtracted from the total
amount resulting from each claim. We will pay covered claims over the amount of the deductible, up to the limit of
liability.
To settle a claim or "suit," we may pay all or part of the deductible. If we do, then you agree to repay us as soon as we
notify you ofthe settlement.
ADDITIONAL DEFINITION
The following additional definition is added to the DEFINITIONS section:
"Employee benefits" means group life insurance, group accident or health insurance, profit sharing plans, pension
plans, employee stock subscription plans, employee travel, vacation, or savings plans, workers' compensation,
unemployment insurance, Social Security and disability benefits insurance, and any other similar benefit program.
Form 71-0619 (Ed. 5/95)
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POLICY NUMBER:
DP9 0 06 97 60
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BOATS
This endorsement modifies insurance provided under the following:
COMMERCiAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Description of Watercraft:
ANY OWNED ROW BOAT OR PONTOON BOAT (BARGE)
Additional Premium:
(If no entry appears above, information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement)
1. Exclusion g. of COVERAGE A (Section I) does not apply to any watercraft shown in the Schedule
owned or used by or rented to the insured.
2. WHO is AN INSURED (Section II) is amended to include as an insured any person or organization
. legally responsible for the use of any such watercraft you own. provided the actual use is
wIth your permission.
CG 24 12 11 85
Copyright Insurance Services Qffice, Inc., 1986
o
POLICY NUMBER:
DP9 0 06 97 60
o
COMMERCIAL GENERAL LIABILITY
CG 24171093
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTUAL LIABILITY - RAILROADS
This endorsement modifies insurance provided under the fOllowing:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Scheduled Railroad:
ANY AND ALL RAILROADS
With respect to operations performed for, or affect-
ing, a Scheduled Railroad at a Designated Job Site,
the definition of "insured contract" in the DEFI-
NITIONS section is replaced by the following:
6. "Insured Contract" means:
a. A contract for a lease of premises. However,
that portion of the contract for a lease of
premises that indemnifies any person or or-
ganization for damage by fire to premises
while rented to you or temporarily occupied
by you with permission of the owner is not
an "insured contract";
b. A sidetrack agreement:
c. Any easement or license agreement;
d. An obligation. as required by ordinance, to
indemnify a municipality, except in con-
nection with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement
pertaining to your business (including an
indemnification of a municipality in con-
nection with work performed for a munici-
pality) under which you assume the tort
liability of another party to pay for "bodily in-
jury" or "property damage" to a third person
or organization. Tort liability means a liability
that would be imposed by law in the absence
of any contract or agreement.
Designated Job Site:
ANY AND ALL JOB SITES
Paragraph f. does not include that part of any
contract or agreement:
(1) That indemnifies an architect, engineer or
surveyor for injury or damage arising out
of:
(a) Preparing, approving or failing to pre-
pare or approve maps, drawings, opin-
ions, reports. surveys, change orders,
designs or specifications; or
(b) Giving directions or instructions, or
failing to give them, if that is the pri-
mary cause of the injury or damage;
(2) Under which the insured, if an architect.
engineer or surveyor, assumes liability for
an injury or damage arising out of the
insured's rendering or failure to render
professional services, including those
listed in paragraph (1) above and supervi-
sory inspection or engineering services.
CG 24171093
Copyright, Insurance Services Office, Inc., 1992
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PENN NATI~
INSURANCE
o
Pennsylvania National Mutual Casualty Insurance Company
P.O. Box 1361 . Harrisburg PA 17105-1361
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement changes the policy effective on the inception date of the policy or as 01 the date indicated below.
DP9 0 06 91 60 3/1/98 3/1/99
.... 'PoUcYNU~be;...'...... .Eff~.tWe".'."....'. 'Expl;i~g..'
Hempt Bros., Inc.
.................. ... js;~adio..'. . . ... .............
H2 3/1/98
... . .End;'Se~~.rtN;,:' ............ .. .......... .Eff~;I:i;~..
K. R. MacDonald Incorporated
. .............. ... . . . . Ai,e"ni..... ... . .............
........ .... .... .Auih~rjz~ Re'p;e~;niativ.e'."..'..'. .. ....
PAGE 1 OF 2
Linda L. Follett
,
AMENDATPRYENDORSEMENT
THIS ENDORSEMENT 110DIFIES SUCH IllSUR.ANCE AS IS AFFORDED BY THE PROVISIONS OF THE
POLICY RELATING TO THE FOLLOWING: '
COMPREHmlSlVE GENERAL tIABILITY INSURANCE
COOPOSm RATE ENOORSEMElfl'
IT IS AGREFJ) THAT THE PREMIUM BASIS ON THE POLICY SCHEDULE FOR THE COVERAGE INDICATED
ABOVE IS AS FOLLOWS:
(A.i{) 'RliMDHlmATION, REMUNERATION MEANS THE EIITIRE REMUNERATION EAR..!@) DURING THE
POLICY PERIOD BY Au.. EMPLOYEES L'fCLUDING EXECUTIVE OFFICERS OF TIlE NAMED
Il'lSURlID. O'nlRR THAN CHAUFFEURS (EXCEPT OPERATORS OF MOBILE EQUIPMENT) A.'ID
AIRCRAFT PILOTS AND CO-PJl.OTS, SUB-JEeT TO ANY OVERTIME EARNINGS OR LrnITATION
OF REl1UNF...~TION RULE APPLICABLE IN ACCORDANCE WITH THE GENERAL LIABILITY MA.'!UALS
IN USE BY THE COMPANY.
t
\
) ENTIRE AUDITED WORKER'S COMPENSATION PAYROLL AS DEVELOPED UNDER POLICY NUMBER
(
) RECEIPTS. RECEIPTS l1EANS THE GROSS AMOUNT OF MONEY CHARGED BY T'tlE NAME
:msuRlID FOR OPERATIONS BY TIlE .If_ DfSURED OR BY OTHERS DURING THE POLICY
PERIOD OTHER THAN RECEIPTS FROM 'l:'ELECASTING, BROADCASTING OR MOTION PICTURES,
AND INCLUDES TAXES, OTHER THAt'! TAXES WHICH THE NAMED INSIJR1ID COLLECTS AS A
SEPARATE ITEM AND ROOTS DIRECTLY TO A GOVERNMENTAL DIVISION.
Form 70.168 (Rev. 11193}
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PENN NATION"
INSURANCE
o
Pennsylvania Netional Mutual Casualty Insurance Company
P.O. Box 2361 " Harrisburg PA 17105-2361
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement changes the policy effective on the inception date of the policy or as of the date indicated below.
OP9 C 06 91 60 3/1/98 3/1/99
.... .PoIicY.N~~b;'."...'. .En~ti~.'..".."'.. .ExPkl~'"
12 3/1/98
.... 'End~~;"~~tt.k."'.'.""".".."'.'.".' 'En;;t~i.'
Hempt Bros., Inc.
......................~to......................
K. R. MacDonald Incorporated
................ ...... A9~ni.' .., ............ .. .. .
.... .... ...... .. 'Auih~riz~ Re"p;e;;niati....e.. .......... .... .
PAtm 2 OJ! :2
Linda L. Follett
AMENDATORY ENDORSEMENT
( ) SALliS. SALES If'clANS TIlE !.mOSS AMOONT OF MONID' CHARGED BY THE l\W1El) Dl'SIlRiID
OR BY 0T!lERS "!'RAIlING UNDER HIS NAME FOR AIJ.. GOODS AND PRODUCTS SOLD OR
DISTlUBlJ'!'l.ID DURING THE POLXCY PERIOD A..'ID CflARGED DT.llUNG TIm FOLICY PERIOD FOR
n1STAWTION. SER'l1CING OR ltEPATR. ..1m INGLUDES TAXES. 0TlmR THAli TAXES WHICH
WB NAMEl) ~ AND StiCH <YrnER COlJ..ECl' AS A SEPAlu..rn ITEMtJID ROOT DIRECl'LY
'fOA GOVERNMENTAL DIVISION.
( ) 0'l'BER. (IF ANY BASIS OT'rlER THAN AOO1lE APPL..<:F.s. SPECIFICAlLY DESG.."I(TBE):
Form 70-168 (Rev, 11/93)
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PENN NATIONAL
INSURANCE
Pennsylvania National Mutual Casualty Insurance Company
Penn National Security Insurance Company
P.O Box 2361
Harrisburg, PA 17105-2361
0'-"'. . I C'
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.
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY
AUTOMATIC ADDITIONAL INSUREDS --
OWNERS, CONTRACTORS AND SUBCONTRACTORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following provision is added to WHO IS AN
INSURED (Section II):
5. Any person(s) or organizations(s) (referred to
below as "additional insured") with whom you are
required in a written construction contract or
agreement to name as an additional insured but
only for "your" acts or omissions arising from "your"
ongoing construction operations at the location or
project described in the contract or agreement.
The insurance provided to the additional insured
does not apply to "bodily injury", "property
damage", "personal injury" or "advertising injury":
a. Arising out of any act or omission of the
additional insured(s) or any of their
"employees", including supervision of "your
work" or the work of any other person or
organization.
b. Occurring after that portion of "your work" out
of which the injury or damage arises has been
put to its intended use by any person or
organization other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the same
project.
c. Arising out of an architect's, engineer's, or
surveyor's rendering of or failure to render any
professional services including:
71 07411097
(1) The preparing, approving, or
failing to prepare or approve,
maps, shop drawings, opinions,
repClrts, surveys, field orders,
change orders or drawings,
designs and specifications; and
(2) Supervisory, inspection or
engineering services.
These exclusions apply in addition to those
contained in the Coverage Part.
Subpart (1)(a) of exclusion f. does not apply to
any premises, site, or location which is or was
at any time owned or occupied by, or rented or
loaned to the additional insured.
The limits of insurance applicable to the
additional insured are those specified in the
written contract or agreement or in the
Declarations for this policy, whichever are less.
These limits of insurance are inclusive of and
not in addition to the limits of insurance shown
in the Declarations.
This coverage does not apply to any person(s)
or organization(s) specifically named as
additional insured in any policy issued by "us".
"I.
PENN NATIONAL
INSURANCE
o
Pennsylvania National Mutual Casualty Insurance Company
Penn National Security Insurance Company
P.O. Box 2361
HalTi'burg PA 17105-2361
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.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LIMITED POLLUTION LIABILITY
EXTENSION ENDORSEMENT
This endorsement modifies imsurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement)
I. Subject to the limits of liability shown in the
Schedule of this endorsement, the following is
added to exclusion f. (1) under paragraph 2_,
Exclusions of COVERAGE A - BODILY INJURY
AND PROPERTY DAMAGE LIABILITY (Section
I - Coverages):
Subparagraph (d)(i) does not apply when all of
the following conditions have been met:
1. The pollution incident commenced during
the policy period;
2. The pollution incident was accidental and
was neither expected nor intended from
the standpoint of the insured;
3. The pollution incident was identified as
commencing at a specific point in time and
became known to the insured within 72
hours thereafter; and
4. The pollution incident did not result from
the insured's willful and intentional violation
of any govemmental statute, rule or
regulation.
Limited Pollution Liability Extension Aggregate Limit
Limited Pollution Liability Extension Defense Costs Limit
Premium
$ Included in Total Premium
The exceptions to exclusion (d)(i) contained in
the coverage form remain at the full limits of
insurance as otherwise provided under
SECTION III - LIMITS OF INSURANCE.
71 067801 97
Schedule
3
$,11)0,000
$ 50,000
II. Coverage provided by this endorsement does not
apply to liability assumed by the insured under an
"insured contracr unless the insured would have
been liable for damages in the absence of the
contract or agreement
III. With respect to coverage provided by this
endorsement:
A. The "Each Occurrence Umir shown in the
Declarations does not apply.
B. Paragraph 7. of LIMITS OF INSURANCE
(Section III) does not apply.
C. Paragraph 1. Of LIMITS OF INSURANCE
(Section III) is replaced by the following:
1. The Limits of Insurance shown in the
Declarations, or in the Schedule of this
endorsement, and the rules below fix the
most we will pay regardless of the number
ot
a. Insureds;
b. Claims or "suits" brought; or
c. Persons or organizations
claims or bringing "suits".
making
Page 1 of2
o
.
D. The following are added to LIMITS OF
INSURANCE (Section III):
8. Subject to 2. or 3. above, whichever
applies" the limited Pollution Liability
Extension Aggregate Limit shown in the
Schedule is the most we will pay for the
sum of:
a. Damages under Coverage A;
b. Medical expenses under Coverage C;
and
c. Defense Costs:
9. SUbject to 8. above, the Medical
Expense limit is the most we will pay
under Coverage C for all medical
expenses because of "bodily injury"
sustained by anyone person:
10. Subject to 8 above, the limited Pollution
Liability Extension Defense Cost Limit
shown in the Schedule is the most we
will pay for expenses incurred in the
defense of any claim or "suir as a result
of coverage provided by this limited
Pollution liability Extension
Endorsement
71 0678 01 97
Page 2 of 2
..
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PENN NATlONAO
INSURANCE
.
Pennsylvania National Mutual Casualty Insurance Company
P.O. Box 2361 . Harrisburg PA 17101;.2361
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement changes the policy effective on the inception date of the policy or as of the date indicated below.
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Policy Number Effective Expiring
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Endorsement No. Effective
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Issued to
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Agent
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Linda L. Follett
AMENDATORY ENDORSEMENT
TillS EmlORSiUN'f MOOIiIE$ IBSlJlWIICE PlID'llDED UlmER rotm Tl~n:
IT IS HEREBY lINDERS'fOOD Am> iiGUED THAT 'fHB LDU'I' SHOWN BELOW BPLACES THE
LIMIT SHOW ON 11-0618:
LDUTED POLLU'fIOH LIAB!LIfi EXi'ENSIOK AGGI'iGA'l'E: $300.006
Form 70-16B(RBV.11193)
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'I". PENN NATIONAL
. 'f>> INSURANCE
Pennsylvania National Mutual Casualty ,Insurance Company
Penn Nationa1 Sacwity Insurance Company
P.O. Box 2351 Harrisburg, PA 17105-2361
NOTICE TO INSURED -PLEASE READ YOUR POLICY CAREFULLY
Your policy contains an exclusion for fea<! contamination In any form at anytime. Refer to enciorsement
71-oS43,Exclusion .cLea<! Contamination.
Form 71.0546 (Ed. 1/94)
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il'.. r. PENN NATIONAL 0
. r~ INSURANCE
Pennsylvania National Mutual Casualty Insurance Company
inrl National Security Insurance Company
.0. Box 2361 Harrisburg, fA 17105.2361
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This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM.
COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY
COVERAGE B. PERSONAL AND ADVERTISING INJURY L1ABIUTY
COVERAGE C. MEDICAL PAYMENTS
EXCLUSION" LEAD CONTAMINATION
,his insurance does not apply to:
,. "Bodily Injury", "medical payments", "property damage", "advertising injury", or "personal injury" which would not
have occurred in whole or part but for the actual, alleged, or threatened ingestion, inhalation, absorption, dispersal,
disposal, seepage, migration, release, or escape of lead in any form at any time.
2. Any loss, cost, or expense arising out of any:
a. request, demand, or order that any insured or others test for, monitor, clean up, remove, contain, treat,
detoxify, or neutralize, or in any way respond to or assess the effects of lead; or
b. claim or "suit' by or on behalf of a governmental authority for damages because of testing for, monitoring,
cleaning up, removing, containing, treating, detoxifying, or neutralizing, or in any way responding to, or
assessing the effects of lead.
Form 71w0543 (Ed. 12J93)
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COMMERCIAL GENERAL LIABiliTY
CG 21 471093
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 11' CAREFULLY.
EMPLOYMENT-RELATED PRACTICES EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following exclusion is added to paragraph
2., Exclusions of COVERAGE A - BODILY IN-
JURY AND PROPERTY DAMAGE LIABILITY
(Section I - Coverages):
This insurance does not apply to:
"Bodily injury" to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person's employ-
ment; or
(c) Employment-related practices. policies,
acts or omissions. such as coercion,
demotion, evaluation, reassignment,
discipline, defamation, harassment, hu-
miliation or discrimination directed at
that person; or
(2) The spouse. child, parent. brother or sister
of that person as a consequence of "bodily
injury" to that person at whom any of the
employment-related practices described in
paragraphs (a), (b). or (c) above is di-
rected.
This exclusion applies:
(1) Whether the insured may be liable as an
employer or in any other capacity; and
(2) To any obligation to share damages with
or repay someone else who must pay
damages because of the injury.
B. The following exclusion is added to paragraph
2.. Exclusions of COVERAGE B - PERSONAL
AND ADVERTISING INJURY LIABILITY (Sec-
tion I - Coverages):
This insurance does not apply to:
"Personal injury" to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person's employ-
ment; or
(c) Employment-related practices, policies,
acts or omissions. such as coercion,
demotion. eval~ation, reassignment.
discipline. defamation, harassment. hu-
miliation or discrimination directed at
that person; Or
(2) The spouse. child. parent, brother or sister
of that person as a consequence of "per-
sonal injury" to that person at whom any
of the employment-related practices de-
scribed in paragraphs (a), (b), or (e)
above is directed.
This exclusion applies:
(1) Whether the insured may be liable as an
employer Or in any other capacity; and
(2) To any obligation to share damages with
or repay someone else who must pay
damages because of the injury.
CG 21 47 10 93
Copyright. Insurance Services Qffice. Inc., 1992
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.OMMERCIAl GENERAL LIABILITY
CG 00 01 01 96
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
, ,
Various provisions in this policy restrict coverage.
Read the entire poli.cy carefully to petermine rights,
duties and what is and is not covered.
Throughout this policy the words "you" and "your"
refer to the Named Insured shown in the Declara-
tions, and any other person or organization qualify-
ing as a Named Insured under this policy. The
words "we", "us' and. "our': refer to the company
providing this insurance. . .
The word "insured" means any person or organiza-
tion quaHfying as such under WHO IS AN INSURED
(SECTION II).
Other words and phras'es that appear in quotation
marks have special me<ming. Refer to DEFINITIONS
(SECTION V).
SECTION I. " COVERAGES
COVERAGE A. BODilY INJURY AND PROPERTY
DAMAGE 'LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured be-
comes legally obligated to pay as damages
because .of "bodily injury" or "property dam-
age" to which this insurance applies, We will
have the' right and duty to defend the insured
against any, "suit" . seeking those damages.
However, we will have no duty to defend the
, insured against any "suit" seeking damages
for "bodilY' injury" or "property damage" to
which this insurance does not apply. We may.
at our disCreHon. investigate any "occur-
rence" and'.settle 'any claim or 'suit" that may
result. Hut: .
(1) Tile . amount we wili pay for damages is
limited as described in LIMITS OF INSUR-
'AIKE(SECTION III); and
(2) Our right and duty to defend end when we
have used ,~p the applicable limit of in-
surance .in Jhe payment of judgments or
set.t1ements.under C.overages A or B or
medical expens'es underCoverage C.
No other obligation or liability to pay sums or
perform aelsor' services is covered unless
explicitly provided for underSUPPLEMEN-
TARY PAYMENTS - COVERAGES A AND B.
b. This insurance appHeslo""bodily injury" and
"property damage" only if:
(1) The "bodily injury" or "property, damage"
is caused by an "occurrence"' that takes
place in the "coverage territory"; and
(2) The '~bodily injury'or "property damage"
occurs during the policy.period.
c. Damages,becauseoL."bodily injury" include
damages, c1aimed,.by ',any .,person .or organ-
ization :for care', 10sstOfsel'llices .or death re-
sulting at any time f"om U)",,~bodi!y;iniury".
2. Exclusions'. ,;
This insurance does not apply to:'
a. Expected or' Intended' injury
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"Bodily,. injury" or~property. damage" ex-
'pectedor' intended from the sta~dpoint of the
insured. This exclusion does not apply to
"bodily iriju,y"resulting'from'1he use of rea-
son able .force. to protect ,persons or property.
b. Coiitra'c':malliabilil}' '. . ,
~Bodily injury" or "property damage' for
which the insured is obligated to pay dam-
ages by reason of the assumptlon'of liability
in a contract or agreemenLThis.exclusion
does not apply to liabitity jor damages;,
(1) That the insured would have i1l the ab-
sence ,0Lthe cOntract or agreement; or
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(2) Assum.ed in a contract .or agreement that
is an "insured,contracl""provided the
"bodily injurY" or "properlY' damage" oc-
curs'subsequeiiHo tllEf'executionaf the
contracl"or agreEitnEi.ot. Solely for the pur-
poses of liabilitY assumed in an "insured
contract.. reasonabl.e".atlorney cfe-es and
necessary Ii\ig.atiop expenses)ncurred by
or for a party' o\herthim'aD.,insuretl are
deemed to be damages because,of ~bodily
injury' or "property "damage", provided:
(a) Liability to such party for, 'or for the
cost 6f. that p~rty's defense has also
been assumed iin the satne "insured
contract"; and
CG 00 01 01 96
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Page 1 of 13. 0
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(6) ,Such attorney fees and litigation ex-
penses are for defense of that party
again!\t a .,civil or alternative dispute
resolution proceeding in which dam-
ages to which this insurance applies
, are alleg.ed.
c. Liq'f'or liability
"Bqdity .injury" or "property damage" for
whi~tI any insured may be held liable by rea-
son of:
(1) Causing or contributing' to the intoxication
of<iny person;
(2) The furnishing of alcoholic beverages to a
person under the Jegal drinking age or
under the influence of alcohol; or
(3) Any statute, ordinance 'or regulation relat-
ing to the sale. gift. distribution or use of
alcoholic beverages.
This exclusion .applies ,only if you are in the
business of manufacturing, distributing, sell-
ing, . serving . or furnishing alcoholic
beverages. ..
d. Workers Compensation and Similar Laws
Any obligation of the insured under a workers
compensation. disability benefits or unem-
ployment compensation law or any similar
law.
e. Employer's Liability
"Bodily injUry" to:
(1)Ah "employee" of the insured arising out
of and inihe course of:
(a) Employment by the insured; or
(b) . Performing duties rel.ated to the con-
. duct of the insured's business; or
(2) The spouse, chilq, parent. brother or sister
or that "employee" as a consequence of
paragraph (1) above,
This exclusionappHes:
'(1)" Whe1herthe insured may be liable as an
emp'loyer or in any other capacity; and
(2) To anyqbJigation 10 share damages with
or repay someone else who must pay
damages because of the irjury.
This exclusion does not apply 10 liability as-
sumed by the insured under an "insured
contract".
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f. Pollution
(1) "Bodily injury" or "property damage" aris-
ing out of the actual. alleged 'or threatened
discharge, dispersal, seepage, migration,
release or escape of pollutants:
(a) At or from any premises. site or lo-
cation which is or was. at any time
owned or occupied by. or rented or
loaned to, any insured;
(b) At or' from any premises, site or lo-
cation which is or was at any time used
by or for any insured or others for the
handling. storage, disposal. processing
or treatment or wasie;
(e) Which are or were at any time trans-
ported, handled. stored, treated. dis-
posed of. or processed as waste by or
for any insured or any person or or-
ganization for whom you may be le-
gaily responsible; or
(d) At or from any premises. site or'l6-
cation on which any insured or any
contractors or subcontractors ,working
directly or indireclly on any insured's
behalf are performing operations:'
(i) If the pollutants are brought on or
to the premises. site or location in
connection with such operations by
such insured:contractor or subcon-
tractor; or
(ii) If the operations' are to test for.
monitor, cleanup, remove, contain,
treat, detoxify or neutralize,. or in
any way respond to, or assess the
effects of pollutants. .
Subparagraph (d)(I) does not apply to
"bodily injury" or "property damage"
arising out of .the escape of fuels.
lubricants or. other operating fluids
which are needed to perform the
normal electrical. hydraulic or me-
ch:anical functions necessary for the
operation of "mobile equipment" or its
parts, if such fuels, lubricants or other
operating fluids escape from a vehicle
part designed 10 hold, slore or receive
them. This exception does not apply if
the fuels, lubricanls or other operating
fluids are intentionally discharged, dis-
persed or released, or if such fuels,
lutJricants or olher operating fluids are
brought on or to the premises, site or
location with the intent to be dis-
charged, dispersed or released as part
of the operations being performed by
such insured, contractor or subcon-
tractor.
Copyright, Insurance Services Qffice, Inc:, 1994
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Subparagraphs (a) and (d)(I) da nat apply
ta "badily injury" .or ~property dar[l;lge"
arising .out .of heat. smake .or fumes fram
a hastile fire.
As used ffl this exclusian. a. hastile. fire
means .one which becames uncontrollable
Dr breaks put from where it was intended
ta be.
(2) Any loss, cast .or expense arising ,out of
any:
(a) Request. de"1and or order that ,any in-
sured -or oth.ers test for. monitor, clean
up, remove. cOntain, treat. detoxify or
neutralize. or in, any way ,respond to,
or assess. the effects of pollutants; or
(b) Claim orsuij.,by or on'behalf or-a gov-
ernmental authoritY for damages be-
cause. 'of : 'testing for, monitoring,
cleaning up; removing, cantaining,
treating, detoxifYing or neutralizing, or
in any way"respondfng to. or assessing
. the effects .ofpollutants.
Pollutants means any solid, liquid, gaseous
. .or thermaL irritant or contaminant. including
smake, vapor, soot,' fumes. acids, alkalis,
chemicals and. waste. Waste includes materi-
als to be recycled, reconditioned or re-
claimed.
. g. Aircraft, AUtD Dr Watercraft
"Bodily injury" or "property damage" arising
out of the ownership, maintenanc'e, use or
entrustment to others of any ajj'ctaft,"auto"
or watercraft owned or operated by or rented
.or'loaned to any insured. Use includes oper-
ation and "loading Dr unloading".
. This exclusion daes not apply ta:
(1) A watercraft -While ashore on premises
yau awn or-rent;
(2) A watercraftyau da nat awn that i~:,
(a) Less than 26 feet laog;and
(b) Not being used ta carry persons .or
prop",rty far. a charge;
(3) Parking, an Nauta" on, .or on the-ways next
to, premises you own .or rent, provided the
"auto" is not owned by .or rented .or laaned
to you or the insured; ,
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(4) Liability assumed under any "insured
contract" for the ownership. maintenance
or use of aircraft or watercraft; or
. (5) "Bodily injury" or "property damag"," aris-
ing aut .of the operatian .of any of the
equipment listed in paragraph '.(2) .or '.(3)
of the defini\ion of "mobile equipment".
h. MDbile Equipment
"Bodily injury" or "property damage" arising
out of:
-: ~.,
(1) The transportation of "mobile equipment"
by an "auto" owned or operated by or
rented .or laaned to any.insured; or
(2) Th", use .of "mabile equipment"in..or while
in practice for, or \Vhi1e b"ingprepared
.far, any prearranged raCing, speed, dem-
olition, or stuntin'g activity. -';-. . .
i. War
.^. .
"Bodily injury" or "praperty damage" due to
war, whether or nat declared,.()r any act or
conditianincident to war. War incluljes civil
war. insurrection. rebellion .or revolution. This
exclusion applies .only ta liability assumed
under a cantract or agreement:,'
j. Damage to'PrDperty
"Property damage" ta:
(1) Property you own, rent, Dr occupy;
(2) Premises YaU sell.'give away or abandon,
II the "property damage"ariSces o.utof any
partof,thqs!, premises;
(3) Property loaned to y.ou;
(4)' P~iS'i,nal property in the care. custody or
control of the insured; . '
. (5) That'p'~rticular part 'of' n"af'pfoperty an
which-'yoU'cir any 'cantractorsorsubcon-
tractars working directly or indirectly on
.yaur behalf are performing operations. if
the "property damage" arises out of those
aperatians; .or
(6) That particular part .of any property that
must be restored, repaired .ar replaced
because "your work". was incarrectly per-
formed on it' .
Paragraph (2) .of this exclusion daes not apply
if the premises are "yaur work" and. were
never occupied,. rented .or held for rental by
you.
CG 00 01 01 96
Copyright, Insurance Services .Qffice, Inc., 1994
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Paragraphs (3), (4), (5) and (6) of this exclu-
sion do not apply to liability assumed under
a sidetrack agreement.
Paragraph (6) of this exclusion does not apply
to "property damage" included in the
"products-completed operations hazard".
k. Damage to Your Product
"Property damage" to "your product" arising
.out of it or any part of it.
I. Damage to Your Work
"Property damage" to "your work" arising out
of it or any part. or it and included in the
"products-completed operations hazard".
This exclusion does not.apply ifthe damaged
work orthe 'work out of which the damage
arises was performed on your behalf by a
subcontractor.
m. Damage to Impaired Property or Properly Not
Physically Injured
"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 be haW to perform a .contract or
ag reement in accordance with its terms.
This exclusion 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. Recall oi Products, Work or Impaired Properly
Damages claimed for any loss.. cost or ex-
pense incurreq by you or others for the loss
of use. withdrawal, recall. inspection. repair,
replacement. adjustnwnt, removal or dis-
posal of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
if such product. work. or property is with-
drawn or recalled rrom Ihe market or from
use by any person or organization because
of a known or suspected defect. deficiency.
inadequacy or dangerous condition in il.
Page 4 of 13
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Exclusions c. through n. do not apply to damage
by fire to premises while rented to you or tem-
porarily occupied by you with permission of the
owner. A separate limit of insurance applies to
this coverage as described in LIMITS OF INSUR-
ANCE (Section Ill).
COVERAGE B. PERSONAL AND ADVERTISING IN-
JURY LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured be-
comes legally obligated to pay as damages
because of "personal injury" or "advertising
injury" to which this insurance applies. We
will have the right and 'duty. to defend the in-
suredagainst any "suit"'seeking those dam-
ages. However, ",!e will have no duty to
defend the insured flgainst any "suit" seeking
damagesJor "personal injury" or "advertising
injury" to Which this insurance does not ap-
ply. We may, at our discretion, investigate
any "occurrence" or offense and seUle any
claim or "suit' that may resull. But:
(1) The amount we will pay for damages is
limited as described in LIMITS OF INSUR-
ANCE (SECTION IU); and
(2) Our right and duty to derend end when we
have used up the' applicable limit of in-
surance in the payment of judgments or
settlements under Coverages A or B or
medical expenses under Coverage C.
No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under SUPPLEMEN-
TARY PAYMENTS - COVERAGES A AND B.
b. This insurance applies to: .
(1) "Personal injury" caused by an offense
arising out of your busines$. excluding
advertising, publishing. broadcasting or
telecasting done by or for you;
(2) "Advertising injury" caused by an offense
committed in the course. or advertising
your goods, products or serllices;
but only if the offense was committed 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 oral or written publication
of material. if done by or at the direction
of the insured with knowledge of its falsity;
Copyright, Insurance Services Qlflce, Inc" 1994
CG 00 01 0196 0
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(2) Arising out of oral or written publication
of material whose first publication took
, place before the beginning .of the policy
c' period; :'
(3) Arising out of the willful violation of a
penal statute or ordinance committed by
or with the consent of the insured;
(4) FOr which the.insured has assumed liabil-
ity in a contraCtor ag reement. This exclu-
sion does not . apply to liability for
'damages that the insured would have in
the absence of the contract or agreement;
. or .
(5)' Arising out of the actual, alleged or
. threatened discharge, dispersal. seepage,
migration. re.lease or escape of pollutants
at any time,
b. "Adve'rtising injury" arising out of:
. (1) Breach of rontract. other than misappro-
priation of advertising ideas under anim-
plied contract;
(2) The failure of.goods, products or services
to conform with advertised quality or per-
formance; .
(;3) The wrong description of the., price of
goods;, products-or services; or
(4) An offense committed by an insured
whose business is advertising. broadcast-
ing, pUblis~ing or telecasting. . ,
c. Any los's, cost or expense arising out of any:
.,,(1} Req'uesl, demand or order that any in-
suredor others test for, monitor,.deah up,
remove, contain. ,treat, detoxify orneu-
tralize, or in any way respond to, .or as-
sess the effects of pollutants; or
{2)Claim or suit by or on behalf of a govern-
mental, autborityfor damages because of
testing for, . monitoring, cleaning up. re.'
moving, containing. treating, detoxifying
or neutralizing,. or in any way respond,ing
to. or asse~,~ing the effects of pollutants.
Pollutants means any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke.
vapor, SOOI,.fumes, acids, alkalis, chemicals. and
waste. Was'le includes materials .to be recy,cled,
reconditioned or reclaimed.
COVERAGE C. MEDICAL PAYMENTS
1. Insuring Agreement
a. We will pay medical expenses as described
below for "bodily injury" caused by an acci-
dent:
(1) On premises you own or rent;
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(2) On Ways next to premises you own or
rent; or
(3) Because of your operations;
provided that:
(1) The accident takes place in the "coverage
territory" and during the policy period;
(2) The expenses are inclirred and reported
.tous' within one year of the date of the
acdden.t; and . .
(3) The injured person submits to e~amina-
tion. at our expense, by physicians' of our
choice as'onen as we n~asonablY require.
b. We wi/lmake tllese payments regardless of
fault. These' payments will not exceed the
applicable limit of insurance. We will pay
reasonable expenses for:' -
(1) First aid administered. at the time of an
. accident;
(2) Necessary medical, surgical. x-ray and
dental services. including .prosthetic de-
vices; and
(3) Necessary ambulance, hospital, profes-
. sional nursing and funeral services.
2. Exclusions
We will not pay expenses for "bodily injury":
a. To any insured.
b. Toa person hired to do work for or on behalf
of any insured or a tenant of any insured.
c. To a person injured 011 that part of premises
you own or. rent that the person normally oc-
cupies.
d. To a person. whether or not an :employee"
of any insured. if be.nefits for..the "bodily in"
jury" are. payable or must be provided Under
a workers compensa.lion or disability benefits
law or a similar law.
e, To a per.$on injured whiJe taking. part in ath-
letics.
f. Included within ..the "products-completed op-
erations '.hazard'.
g. Excluded under Coverage A.
h. Due to war, whether or not declared. or any
act or condition incident to war. War includes
civil war, insurrection; rebellion or revolution.
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SUPPLEMENTARY PAYMENTS - COVERAGES A
AND B
We will pay, with respect to any claim we investi-
gate or settle, or any "suit" against an insured we
defend:
1. All expenses we incur.
2. Up to $2~O for cost of bail bonds required be-
cause of accidents or traffic law violations aris-
ing out of th'e use of any vehicle to which the
Bodily .Injury Liability Coverage applies. We do
not'have'to furnish these bonds.
3. The C()st of bonds to release attachments, but
only for bond amounts within the applicable limit
of insurance. We do not have to furnish these
bonds.
4. All reasonable expenses incurred by the insured
at our request to assist us in the investigation
or defense of the claim or "suit", including actual
loss of earnings up to $250 a day because of time
off from work. .
5. All costs 'taxed against the insured in the "suit'.
6. Prejudgment interest awarded against the in-
sured on'thalpart of the judgment we pay. If we
make'anoffer to pay the applicable limit of in-
surance, we will not pay any prejudgment inter-
est based on that period of time after the offer.
7. All interest on the full amount of any judgment
that accrues after entry of the judgment and be-
fore 'we have paid, offered to pay, or deposited
in court the part of the judgment that is within the
applicable limit of ino>urance.
These payments will not reduce the limits of insur-
ance.
If we defend an insured against a "suit" and an
indemhitee ofthe insured is also named as a party
to the "suit", we will defend that indemnitee if all of
the following conditiqns are met:
a. The "suit" against the indemnitee seeks dam-
ages for which the insured has assumed the li-
ability of the indemnitee in a contract or
agreement that is an "insured contract";
b. This insurance applies to such liability assumed
by the insured;
c. The obligation to defend, or the cost of the de-
fimse of, that indemnitee. has also been as-
sumed by the insured in the same "insured
contract";
d. The allegations in the "suit" and the information
we know about the "occurrence" are such Ihat
no conflict appears to exist between the interests
of the insured and the interests of the
indemnitee;
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e. The indemnitee and the insured ask us to con-
duct and control the defense of that indemnitee
against such "suit" and agree that we can assign
the same counsel to defend the insured and the
indemnitee; and
f. The indemnitee:
(1) Agrees in writing to:
(a) Cooperate with us in the investigation,
settlement or defense of the "suit";
(b) Immediately send us copies of any de-
. mands. notices, summonses or legal pa-
pers received in connection with the
"'suit";
(c) Notify any other insurer whose coverage
is available to the indemnitee; and
(d) Cooperate with us with respect to coordi-
nating other applicable insurance avail-
able to the indemnitee; and
(2) Provides us with written authorization to:
(a) Obtain records and other information re-
lated to the "suit"; and
(b) Conduct and control the defense of the
indemnitee in such 'suit".
So long as the above conditions are met. attorneys
fees incurred by us in the defense of that
indemnitee. necessary litigation expenses incurred
by us and. necessary litigation expenses incurred by
the indemnitee at our request will be paid as Sup-
plementary Payments. Notwithstanding the pre-
visions of paragraph 2.b.(2) of COVERAGE A -
BODilY INJURY AND PROPERTY DAMAGE LIABIL-
ITY (Section I - .Coverages). suc:h payments will not
be deemed to be damages fOT "bodily injury" and
"property damage" and will not reduce the limits of
insurance.
Our obligation to defend an insured's indemnitee
and to' pay for attorneys fees and necessary liti-
gation expenses as Supplementary Payments ends
when:
a. We have Used up the applicable limit of insur-
ance in the payment of judgments or settle-
ments; or
b. The conditions set forth aboVe. or the terms of
the agreement described in paragrap~ f. above.
are no longer met.
Copyright. Insurance Services Qffice, Inc.. 1994
CG 00 0101 96 0
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SECTION II - WHO IS AN INSURED
1. If you are designated in,the Declarations as:
a. An individual, you and your spouse' are in-
sureds. but only with respeel to the conduel
.of . a business of which you are the sole
owner.
b. A partnership or joint venture. you are an in-
sured. Your members, your partners, and
. . their spouses are also insureds. but only with
res peel to the conduel of your business.
e. A limited liability company; you are an in-
sured. Your members a're also insureds. but
only with respect 10 thecond'uct of your busi-
.ness; Your managers are insureds, bUlt>nly'
with respett.lo their duties as'your managers.
d. Anorgan'ization other than a partnership,.
joint venture or Iimiled .Iiability comp"ny, you
. are. an insured. Your -executive officers: ani!
directors are insureds. but only with res~'
to their duties"s your, officers, or directors.'
Your stockholders are a"lso insureds. butollly
with respect to their liabilitY'as'stockholde'rs'.
2. Each of the following is also an insured:
a. Your 'employees",' other than either your
"executive officers" (if you are an orilaniza~
tion other than a partnership, joint venture'or
limited liability company) or your managers
(if you are a limited liability company); but
only for acts within the scope of their em-
ployment by you or while performing dulies
related to the' conduct of your business.
How",yer,none of 1hese"emplpyees~ is an
insured for: .
(1) "Bodily injurY" or "perspnal injury-:
(a) To you, tp your partners or members
(if you are.a partnership or joint ven-
ture). to your members (if you are a
limited liability" company'). or Ip a co-
"employee" while'thatco-"employee-
is either in the coursebf his or her
employmenl pr ;perfprmingduties re-
lated Ip the conduct pf .yputbusiness;
(b) To. the spouse., child, parent. brother
or sister of. that co-"employee" as a
consequence . .of . paragraph .(1)(a)
above:
(e) For which there is any obti.gation to
share damages with or repay someone
else who must pay damages because
of the injury described in 'paragraphs
(1)(a) or (b) above; or
(d) Arising out of his or her providing or
failing to provide professional health
care services.
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(2) "Property damage" to property:
(a) Owned. 'occupied or used by,
(b)' Rented to. in the care, custody or con-
trol of, or over which physical control
is being exercised for any purpose by
you. any of your "llmployees", any partner
or member (if you are a partnership or
Jomt venture), or any member (if you are
a limited liability company).
b. Any person (other fhim your "employee"), or
any organization while acting as your real'
estate manager. ,v .
e. Any person or.organization having proper
temporary custody of your property if you die,
but only:
(1) With respect to liability arising out of the
m",interance or use of that property: and
. (2) Untit,y()ur legal reprl!sentative has been
appointed. . .
d. your le!!?1 representati,ve. if you die. but only
with respect to duties as such. That rePre-
sentative will have all your rights and duties
underthis' Coverage Part.
3. With 'res peel to "mobile equipment-'registered in
your 'hame under any motor vehitle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other.. person or organization
responsible. for the conduct of such perSOn is
also an insured. but only with respeel to liabHity
arising put .of the operation olthee.quipment.
and. only .if no other insurance. 'of any kind' is
available to that person or organiZation for this
liability. However. no perSon or organiZation is
'an;insuredWith respect to: ' .
a. :~odily)njury" to a co-"employee" of the. per-
son:drivjngthe equipment; Or d.
b. -Property. damage-' to .property owned.by.
ren.ted to, in the charge of or occupied. by.I'PU .
pr the employer of any person who is ,an in-
sured under this provision. .
4. Any organization you ,",ewly ilcquire or.. form.
other than a partnership: joint venture or limited
liability company. and OVer whith you maintain
,. ownership or majority inte.rest..will qualify as a
Named Insured. if there is no other similar insur-
ance available to that organization. However:
a. Coverage under this provision is afforded
only until the 90th day alter you acquire or
form the organizalion or the end of the policy
period, whichever is earlier;
CG 00 ,01 0196
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b. Coverage A does not apply to "bodily injury"
or "property damage" tbat occurred before
you acquired or formed the organization; and
c. Coverage B does not apply to "personal in-
jury" or "advertising injury" arising out of an
offense c.ommitted before you acquired or
formed the organization. .
No person or organization is an insured with respect
to the conduct of any current or past partnership.
joint venture or limited liability company that is not
shown as a Named Insure\l in the Declarations.
SECTION III " LIMITS OF INSURANCE
1. The Limits of Insurance shown in the Declara-
tions and the ru.les below fix the mostwe will pay
regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations m'aking claims or
bringing Nsuits".
2. The General Aggregate limit is the most we will
pay for the sum of: .
a. Medical expenses under Coverage C;
b. Damages under Coverage A. except dam-
ages because of "bodily injury" or "property
. damage" included in the "products-completed
operations hazard"; and
c. Damages under Coverage B.
3. The Products-Completed Operations Aggregate
limit is the most we will pay under Coverage A
for damages because of "bodily injury" and
"property damage" included in the "products-
. completed operations hazard".
4. Subject to' 2. above. the Personal and Advertising
Injury limit is the most we will pay under Cov-
erage B for the sum qf all damages because of
all "personal injury" and all "advertising' injury"
sustained by any .oneperson or organization.
5. Subject to 2. or .3. above, whichever applies. the
Each 'Occurrence Limit is the. most we. will pay
for the sum of: .
a. Damages under Coverage A; and
b. Medical expenses under Coverage C
because of all' "bodily injury" and "property
damage" arising out of anyone "occurrence".
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6. Subject to 5. above, the Fire Damage Limit is the
most we will pay under Coverage A for damages
because of "property damage" to premises,
while rented to you or temporarily occupied by
you with permission of the owner. arising out of
anyone fire.
7. Subject to 5. above. the Medical Expense Limit
is the most we will pay under Coverage Cror all
medical expenses because of "bodily injury"
sustained by anyone person.
The limits of Insurance of this.Coverage Part apply
separately to each consecutive annual period and
to any remaining. pe~iod of less. than. 12 months,
starting with the beginning oLthe policy period
shown in the Decl.arations. unless the policy period
is extended aller issuance for an additional period
of less than 12 months. In that case. the" additional
period will be deemed part. of the lasfpreceding
period -for purposes of determining the Limits of In-
surance.
SEctiON IV-COMMERCIAL GENERAL
LIABILITY CONDITIONS
,. Bankruptcy.
Bankruptcy or insolvency oftheinsured or.ofthe
'insured's estate will not relieve us of our obli-
gations under this Coverage Part.
2. Duties In The Event Of Occurrence, Offense,
Claim Or Suit
a. You must see to it that we are llotifi:ed as
soon as practicable of an "occurrence" or an
offense which may result in a claim: To the
extent possible. notice should include:
(1) How. when and where the "occ'urrence"
or offense took place;
. (2) The. names and addresses of any injured
persons and witnesses; and
(3) The nature. and location of any injury or
damage arisin.g out of the "occurrence" or
offense.
b. If a claim is made or ~suit" is brought against
any insured; you must:
(1) Immediately record the spedfics of the
claim or "suit" and the date received; and
(2) Notify us as Soon as pracUeatJle.
You must see to it .that we. receive written
notice of the claim or "suit" as soon as prac-
ticable. .
Copyright, Insurance Services Qffice. Inc., 1994
CG 00 010196 0
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c. You and any other involvedinsurell, must:
(1) Immediately send us copies of any de-
mands.. notices, summonses or ll'lgal pa-
Pl'lrs received.in connection, with the claim
or "'su.it'"'; , ,
(2) Authorize us to obtain records 'and olher
information;
(3) Cooperate wilh us in .the investigation or
settlement or th~c:!aim or defense against
the nsuitn; and -' . ,
(4) Assist. us. . upon. .ollr request. in. the
enforcement or any right against any per-
son at orga'nization Which may. be liable
to the insured because of injury or dam-
age to which this insurance may also ap-
ply. ....
d. No insured Will.'excepFatthatinsured's own
cost, voluntarily make 'it . payment.. assume
any obligation. or iocur;'.any,expense. other
than for first aid. withouj,our, consent.
3. LegalAction Against Us
No person or organization .!las a .right under this
. Coverage PaJ1:
a. To join us as'a 'party or otherwise bring us
into a nsuitn asking for damages' from an in-
sured; or
b. Toslie us on this Covetage'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 f)nal judgment
against an.insured obtained after an actual trial;
but we will not be liable for damages tha,t.:are not
payable undE!r the terms of this Cpverage Part
orJhat a rEi in 'excess oJ. 1M applicable Iimii of
irs,urance. An agreed .'. setJl.ement means a
settlement and release oj liability signed by us,
the insured and the claimant or the claimant's
legal representative'.
4. Otherlnsurance
'If olhervalid andcollectibte iris'uranee is avail-
able t6 the' insure\1for a loss we "cover under
Coverages A or B of this CO\lerage Part. our 00-
ligations are limited as follows:
a. Primary Insurance
This insurance is primary except when b. be-
low applies. If this insurance is primary. our
obligations are not affected unless any of the
other insurance is also primary. Then, we will
share with all that other' insurance by the
method described in c. betow.
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b. Excess Insurance
This insurante.is excess over any of the other
. insurance, whether primary, excess.. contin-
gent or on any other basis:
(1) That .is Fire, Extended, Coverage. Builder's
Risk, Installation Risk Or similar coverage
fqr nyour workn; .
(2) That is Fire insurance for premises rented
to you or temporarily occupied by you with
permission of the owner; or .-
(3) If the' loss arise's out or the' maintenance
or use of aircraft, "autos" or watercraft to
the extent nof subject to Explusion g. of
Coverage A (Section I). ,.'
When this insurance is e'xce'ss, we will have
no duty under Coverages A orB to defend the
insured against any "suit' ir any other insurer
has a duty to defend the insured against that
"suit". If no other insurer defends; ,we will
undertake to do so., .but we Will,be..entiUed to
the insured's rights against all thos~ other
. insurers. . -,.
When this insurance is excess over other in-
surance, we will pay only our share: of the
amount of the loss, ir any. that exceeds the
8_um of:
(1) The total amount that all such' other in-
surance would pay ror the.loss,in tOE!ab'
senceof this insuranc:e;,anll.
i2). The total 'of all dE!ductibleand sell,insured
amou.nts under ,aIHhalother insurance.
We will share the remaining loss. if any. with
.anY.olhllr insurancethaLisllot described in
this Excess Insurance provision and was not
bought specifically to apply in._ E!xcessof)he
Limits Of Insurance shown: in toe Declarations
of this Coverage Part.
C. Method 01 Sharing
Ifall. of the other insurance permits contrib-
utionby equal' shares, we wilJJollovl this
me.ihodalso:. Under this approach.: each
i,nsurer contributes eq\lal amout\t~unln it has
paid its applicable limit o(insuranceQr none
or thelos.s remains. w~ichev~r comesfir~t.
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 is based on the ratio of its
applicable limit of insurance to the total ap-
plicable limits of insurance of all insurers.
CG 00 01 01 96
Copyright, Insurance Services gffice, Inc., 1994
Page 9 ol13 D
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5. Premium Audit
a. We will compute all premiums for this Cover-
age Part in accordance with our rules and
rates.
b. Premium shown in this Coverage Part as ad-
vance premium isa deposit premium only.
At the close of each audit period we will
compute the earned premium for that period.
Audit premiums are due and payable on no-
tice to the first Named Insured. If the sum of
the advance and audit premiums paid for the
policy period is. greater than the earned pre-
mium, we will return ihe excess to the first
Named Insured.
c. The . first Named Insured must keep records
of the information we need for premium
,computation, and send us copies at such
times as we may request.
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are accu-
rate and complete;
b. Those statements are based upon represen-
. tations 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 a'ny rights or duties specifically assigned in
this Coverage Part to the first 'Named Insured,
this insurance applies:
a. As .if each Named Insured were Ihe only
Named Insured; and
b. Separately to . each . insured against whom
claim is made or "suit" is brought.
8. Transfer Of Rights Of Recovery Against Others
To Us
If Ihe insured has rig hIs 10 recover all or part of
any paym~nt we have made under Ihis Coverage
, Part, thoSe rights are transferred 10 us. The in-
sured m~st do nothing after loss to impair them.
At our request. the insured will bring "suit' or
transfer those rights to us and help us enforce
them.
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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 Declarations written notice of the
non renewal 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 orrnore 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 or material that vi-
olates a person's right or privacy;
c. Misappropriation of advertising ideas or style
of doing business; or
d. Infringement of copyright, tilleor slogan. .
2. "Auto'" means a land motor vehicle, trailer or
semitrailer designed for travel on public roads.
including any attached machinery.o.r equipmt')nt.
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 lime.
4. "Coverage !errito.ry" means:
a. The United States of America (including its
territories and possessions). Puerto Rico and
Canada;
b. International waters or airspace. provided the
injlJry or _damage does not occur. in the
course of travel or transportation .toorfrom
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.
.above; ,or
Page 10 of 13
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CG 00 01 01 96 0
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(b) The activities of a person whose home
is in the territory described in a. above,
but is away for a short time on your
business; and
(2) The insured's responsibility to paY'ldam-
ages is determined in a "suW,. on the
merits, in. the' territory described jin a.
above or in a settlement we agree tQ,
5. "Employee" includes a "leased worker~_ I"Em_
ployee" does not include a "temporary worker'.
6. "Executive officer" means a person holding .any
of the offic'er positions created by your ch~rter,
constitution. by-laws or any other similar gov-
erning document.
7; "Impaired property" m'eans tangible pro~erty.
other" than 'your product" or "your work"; that
cannol be used or is less useful because:
a. It incorporates "your product" or "y~ur w(Jrk"
that is known' or thought to be detective, defi-
. 'tient, inadequate or dangerous; or ",
b. You have' failed to fulfill the terms .of a con-
tract or agreement;
if such property can be restored to use by:
a. The repair. replacement. adjustment:or re~
moval of "your product" or "your work"; br
b. Your fulfilling the terms of the" contract or
agreement.
8. "Insured contract" means:
a. A contract for a lease of premises. How~ver,
that portion of the contract for a lea$e of
premises that indemnifies any person or or-
,gan'ization for damage by fire to pre'l'ises
while rented to you or temporanly occ~pled
by you with permission of the owner is npt an
"insured contract";
b~' A s'idetrack agreement;
c" Any.easemenLor license agreement. efcept
in connection with construction or demqlition
operations on or within 50 feet Qf a railrqad;
d. An obligation. as required by' ordinanoe, to
indemnify, a municipality, ellcept in con-
nection with wQrk for a municipality;
e. An elevator maintenance agreement;
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f. That part Qf any other contract or agreement
pertaining to your business (including an
indemnification of a municipality in con-
nedion with work performed for a munici-
paiity) under which ypu assume the tort
liability of another party to pay for "bodily in-
. "jury" or '';property'damage" to a third person
.or.organization; 10rt liability means a liability
that would be imposed by law in the absence
of(any contract Qr agreement.
. Paragraph f. does not include that part of any
, contract or agreement:
(1) That indemnifies a railroad lor "bodily in-
lury" or :'property damage". arising out of
constmctioil' .or demolition operations,
within 50 feet of any railroad property and
. affecting .any .railroadbridge or trestle,
tracks, road-beds. tunnel, ,underpass or
crossing; .
(2) That indemnifies an architect; engineer or
surveyor for injury or damage arising out
of:
(a) Preparing, approving, or failing to pre-
pare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and spec-
ifications; or
(b) Giving directions' or instructions, or
failing to give them. if that is the pri-
mary caus.e of the'injury or damage;
or
(3) Under which the insured, if an architect,
eng:ioeer Qr surveyor. assumes liability for
an injury .or damage arising out of the in-
sured's rendering .or.. failure to render
professional services, including those
listed in (2) above. and ~upervisory. in-
spectioo, architectural or engineering ac-
tivi!ies:
9. "Leased worker" means a persQn leased to you
by'a labor .Ieasing firm underan agreement be-
. tween you and the labor leasiog firm. to perform
duties related to the conduct of your business.
"Leased' worker" does not include a "temporary
worker".
10. "Loading .or' unloading" means the handling of
property:
a. After it is moved from the place where it is
accepted for movement into or onto an air-
craft, watercraft or "auto";
CG 00 01 01 96
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b. While it is in or on an aircraft, watercraft or
"auto"; or
c. Whileh is being moved froin an aircraft,
watercraft or 'auto' to the place wllere it is
finally cjelivered;
but 'loading or unloading' does .not .include the
movement'ofproperty by means of'a mechanical
device. 'Other than a Jland truck, that is not at-
tached to the aircraft. watercraft or 'auto',
11. 'Mobile equipment' means any of the following
types of land vehides,' including any ,,"ached
machinery ,or equipment:
a. Bulldozers, farm machinery, forklifts and
other vehidesdesignedfor use principally off
public roads;
b. Vehicles maintained for use solely on or next
to premises you own orrent; ..
c. Vehicles that travel on crawler treads;.
d. Vehicles, whether self-propelled or not,
maintained primarily to provide mobility to
permanently mounted:
(1) POVl!er 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 a., b., c. or d.
above that are not self-propelled and are
. maintained primarily to provide mobility to
permanently attached equipment of the fol-
10Vl!ing types:
(1) Air compressors, pumps and generators,
including spraying. welding. building
cleaning, geophysical exploration, lighting
'and well servicing equipment; or
(2) Cherry pickers and simil.ar dev";ces used
to raise or lower workers;.
f. Vehicles not described in a., b., c. or d.
above maintained primarily for . purposes
other than the .transportation oipersons or
cargo.
However, self-propelled vehicles with the rol-
10Vl!ing types of permanently attached equip-
ment are not 'mobile equipment' but will be
considered 'autos': .
(l) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not con-
struction 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; and
Page 12 of 13
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(3) Air compressors, pumps and generators.
including spraying,' welding. building
cleaning. geophysical exploration. lighting
and well servicing equipment.
12. 'Occurrence' means an accident, including con-
tinuous or repeated exposure to substantially the
same general harmful conditions.
13. ".Personal injury' means injury. other than 'bod-
ily injury'. .arising 'out of one or more of the fol-
lowing offenses:
a. F~lse arrest. detention or imprisonment;
b. Malicious prosecution;
c. The wrongful eviction from, wrongful entry
into, or invasion of the right of priv.ate occu-
pancy of a room. dwelling or premises that a
person occupies by or on behalf 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's
goods. products or services; or .
e. Oral or written publication of material that vi-
olates a person"s right of privacy. '.'
14. 'Products-completed operations hazard':
a. Includes all 'bodily injury' and 'property
damage' occurring away from premises you
own or rent and arising out of 'your product'
or 'your work' except:
(1) Products that. are still in. your physical
possession; or
(2) Work that has nbt yet been completed or
abandoned. However. 'your work' will be
deemed completed at the earliest of the
folloVl!ing times:
(a) When all of the Vl!ork called for in your
contract has been comp'/eleil.
(b) When all of the work to be donealthe
job site has been completed ir your
contract calls for wor/(almore than
one job site.
(c) When that part or the work done at a
job site has been put to its intended
use by any person .or organization
other than another contracto'r or sub-
contractor working on the same
project.
Work that may need service, maintenance,
correction. repair or replacement. but
which is otherwise complete, will be
treated as completed.
Copyright. Insurance Services Qffice. Inc., 1994
CG 00 01 01 96 0
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b. Does not include "bodily injury" or "property
damage" arising out of:
(1) The transportation of property, unless the
injury or damage arises out of a condition
in or on a vehicle not owned or operated
by you, and that condition was created by
the "loading or unloading" of that vehicle
by any insured;
(2) The existence of tools. un installed equip-
ment or abandoned or unused materials;
or
(3) Products or operations for which the clas-
sification. listed in the Declarations or in
a policy schedule, states that products-
completed operations are subject to the
General Aggregate Limit.
15. "Property damage" means:
a. Physical injury to tangible property, including
all resulting loss of use of that property. All
such loss of use shall be deemed to occur at
the time of the physical injury that caused it;
or
b. Loss of us.e of tangible property that is not
physically injured. All such loss of use shall
be deemed to occur at the time of the "oc-
currence" that caused it.
16. "Suit" means a civil proceeding in which dam-
ages because of 'bodily injury", "property dam-
age", "personal injury" or "advertising injury" to
which this insurance applies are alleged. "Suit"
includes:
a. An arbitration proceeding in which such
damages are Claimed and to which the in-
sured must submit or does submit with our
consent; or
b. Any other alternative dispute resolution pro-
ceeding in which such damages are claimed
and to which the insured submits with our
consent.
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17. "Temporary worker" means a person who is fur-
nished to you to substitute for a permanent
"employee" on leave or to meet seasonal or
short-term workload conditions.
18. "Your product" means:
a. Any goods or products. other than real prop-
erty, manufactured, sold, handled. distributed
or disposed of by:
(1) You;
(2) Others trading under your name; or
(3) A person or organization whose business
or assets you have acquired; and
b. Containers (other than vehicles). materials,
parts or equipment furnished in connection
with such goods or products.
"Your product" includes:
a. Warranties or representations made at any
time with respect to the fitness, quality, dura-
bility, performance or use of "your product";
and
b. The providing of or failure to provide
warnings or instructions.
"Your product" does not include vending ma-
chines or other property rented to or located for
the use of others but not sold.
19. "Your work" means:
a. Work or operations performed by you or on
your behalf; and
b. Materials. parts or equipment furnished in
connection with such work or operations.
-Your work" includes:
a. Warranties or representations made at any
time with respect to the fitness, quality, dura-
bility, performance or use of "your work"; and
b. The providing of or failure to provide
warnings or instructions.
CG 00 01 01 96
Copyright, Insurance Services Qffice, Inc_. 1994
Page 13 of 13 0
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,,{
PENN NATIONAL 0
INSURANCE
.
Pennsylvania National Mutual Casualty Insurance Company
Penn National Security Insurance Company
roo Box 2361
Harrisburg rA 171D5-2361
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXTENDED COVERAGE ENDORSEMENT
GENERAL LIABILITY
TIrls endorsement modifies insurance provided under the follOwing:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
L Amendment
Insurance
Aggregate Limits of
W. Broad Form Named Insured
a. Projects away from premises owned by or
rented to you;
a. WHO IS AN INSURED (Section II) is
amended to include as an insured any
organization or subsidiary thereof, other
than a partnership, joint venture, or
limited liability corporation, which is a
legally incorporated entity of which you
own a financial interest of more than. 50
percent of the voting stock on the
effective date of this endorsement.
The General Aggregate Limit under the
LIMITS OF INSURANCE (Section III)
applies separately to each of your:
b. "Locations" owned by or rented to you.
"Location" means premises involving the
same or connecting lots, or premises whose
connection is interrupted only by a street,
roadway, waterway or right-of-way of a
railroad.
b. Paragraph IV.a. does not apply to injwy
or damage with respect to which an
insured under this policy is also an
insured under another policy or wonld be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.
IL Bodily Injury Redefined
The definition of "bodily injwy" in
DEFINTI10NS (Section V) is replaced by the
following:
Co Paragraph IV.b. does not apply to a
policy written to apply specificaIly in
excess of this policy.
"Bodily injury" means bodily injury, sickness
or disease sustained by a person including
mental anguish or death resulting from any
of these.
V. Newly Formed or Acquired Organizations
In paragraph 4.a. of WHO IS AN INSURED
(Section II), 90th day is changed to 180th
day.
m. Mobile Equipment Redefiued
Paragraph Il.f. subparagraph (l) of
DEFINITIONS (Section V) does not apply to
self-propelled vehicles of less than 1000
pounds gross vehicle weight.
VL Incideatal Malpractice Liability - Nurse,
EMT, or Paramedic
. Paragraph 2.a.(1)(d) of WHO IS AN
INSURED (Section II) does not apply to a
nurse, emergency medical technician or
paramedic employed by you.
71 0680 04 96
In"ludes copyrighted material af~nmce Services otI'we. Inc., with its pennission.
Copyright. Insurance ~ces Office, Inc., 1992
Page I of2
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VII. Duties in the Event of Occurrence, Claim
or Suit Redefined
IX. Non-Owned Watercraft
a. The requirement in Condition 2.a. of
CONDITIONS (Section IV) that you
must see to it that we are notified of an
"occurrence" only applies when the
"occurrence" or offense is known to:
a. Exclusion g. Paragraph
COVERAGE A (Section I) is
and replaced by the following:
(2) of
deleted
(2) A watercraft you do not own that is:
(1) You, if you are an individual;
(a) Less than 51 feet long; and
(2) A partner, if you arc a partncrship;
or
(b) Nol being used 10 carry persons
for a charge;
(3) An officer of Ihe corporation or
insurance manager, if you are a
corporation.
b. Paragraph IX.a above applies to any
person who, with your expressed or
implied consent, either uses or is
responsible for the use of a watercraft.
b. The requirement in Condition 2.b. of
CONDITIONS (Section IV) that you
must see to it that we receive notice of a
claim or "suit" will not be considered
breached unless the breach occurs after
such claim or "suit" is know to:
(I) You, if you are an individual;
c. Paragraphs IX.a. and IX.b. above do not
apply if the insured has any other
insurance for "bodily injury" or
"property damage" liability that wonld
also apply to loss covered under this
provision, whether the other insurance is
primary, excess, contingent or on any
other basis. In that case, this Provision
IX docs nol provide any insurance.
(2) A partncr, if you arc a partnership;
or
(3) An officer of the corporation or
insurance manager, if you are a
corporation.
d. Paragraph IX.c, above does not apply to
a policy written to apply specifically in
excess of this policy.
VllL Unintentional Errors or Omissions
X. Supplementary Payments Increased Limits
We will nol deny coverage under this
Coverage Part because of the unintentional
omission of, or unintentional error in, any
information provided by you. However, this
provision does not affect our right to collect
additional premium or exercise our right of
cancellation or non-renewal.
In the SUPPLEMENTARY PAYMENTS -
COVERAGE A and B (Section I) provision:
a. The limit for the cost of bail bonds is
changed from $250 to $2000: and
b. The limit for loss of earnings is changed
from $100 a day to $250 a day.
7106800496
Includes copyrighted material of Insurance Services Office, Inc.. with its pennission.
Copyright, Insurance Services Office, Inc., 1992
Page 2 of2
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COMMERCIAL GENERAL LIABILITY
CG 00 55 03 97
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT OF OTHER INSURANCE CONDITION
(OCCURRENCE VERSION)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART (OCCURRENCE VERSION)
Paragraph 4.b. of the Other Insurance Condition -
(Section IV - Commercial General Liability Con-
ditions) is replaced by the following:
4. other Insurance
b. Excesslnsurance
This insurance is excess over:
(1) Any of the other insurance, whether pri-
mary, excess, contingent or on any other
basis:
(a) That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or simi-
lar coverage for "your work";
(b) That is Fire insurance for premises
rented to you or temporarily occupied by
you with permission of the owner; or
(c) If the loss arises out of the maintenance
or use of aircraft, "autos" or watercraft
to the extent not subject to exclusion g.
of COVERAGE A (SECTION I).
(2) Any other primary insurance available to
you covering liability for damages arising
out of the premises or operations for which
you have been added as an additional in-
sured by attachment of an endorsement.
When this insurance is excess, we will have no
duty under COVERAGES A or B to defend the
insured against any "suit" if any other insurer
has a duty to defend the insured against that
"suit". If no other insurer defends, we will un-
dertake to do so, but we will be entitled to the
insured's rights against all those other insurers.
When this insurance is excess over other in-
surance, we will pay only our share o( 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
amounts 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.
CG 00 55 03 97
Copyright, Insurance Services Office, Inc., 1996
Page 1 of 1
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IL 00 21 11 94
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NUCLEAR ENERGY LlABILlTvEXciuSION
. ';, .'-.;',;'l '.:- ''', - .
. ENDORSEMENT .....
'. ., ,.',. . " (Broad FO~)i', .
This endorsement mOdifies.lnsurance provided under thefb"Q~ing.:
BUSINESSOWNi:RS P6'LICY
COMMERCIAL AUTO COVERAGE PART . ..
COMMERCIAL GENERAL L1ABIUTY COVERAGE PART
FARM COVERAGE PART. "
PRODUCTs/COMPLETEQ.QPERA TIONS .LIABILlTY COVERAGE PART'
LIQUOR, pMILJT'U~OVERAGEPART' ..,
POLLYTjON L.iASIUTYCOVERAGE' PART
OWNERS AND CONTRACTORS PROTECTIVE. LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF
TRANSPORTATIOt-l .. ' "
UNDERGROUND STORAGE TANK' POLlCY
1. The insurance does ,,(;tapply:' , ..'
A. Under any. Liabi1ity~()verage, to.,"bodily in-
jury" or "property damage":' . .
(1) With respect to which an "insured" under
the policy is also an insured under a nu-
clear energy liability policy issued by Nu-
clear Energy LiabHity Insurance
Association, Mutual Atomic Energy liabil-
ity Underwriters, Nuclear Insurance Asso-
ciation of Canada or any of their
successors, or would be an insured under
any such policy but for its termination
upon exhaustion of its limit of liability; or
(2) Resulting from the "hazardous properties"
of "nuclear material" and with respect to
which (a) any person or organization is
required to maintain financial protection
pursuant to the Atomic Energy Act of 1954.
or any law amendatory thereof, or (b) the
"insured" is, or had this policy not been
issued would be, entitled to indemnity
from the United States of America. or any
agency thereof, under any agreement en-
tered into by the United Slates of America,
or any agency thereof, with any person or
organization.
B. Under any Medical Payments coverage, to
expenses incurred with respect to "bodily in-
jury" resulling from the "hazardous proper-
ties" of "nuclear malerial" and arising out of
the operation of a "nuclear facility" by any
person or organization.
C. Under any Liability Coverage. 10 "bodily in-
jury" or "property damage" resulting from
"hazardous properties" of "nuclear material",
if:
(1) The "nuclear material" {a) is at any "nu-
clear facility" owned by, or operated by or
on behalf of, an 'insured" or (b) has been
discharged or dispersed therefrom;
(2) The "nuclear material" is contained in
"spent fuel" or "waste" at any time pos-
sessed, handled, used, processed, stored,
transported or disposed of, by or on behalf
of an "insured"; or
(3) The "bodily injury' or "property damage'
arises out of the furnishing by an "in-
sured" of services, materials, parts or
equipment in connection with the plan-
ning, construction, maintenance, opera-
tion or use of any "nuclear facility", but if
such facility is located within the United
States of America, its territories or pos-
sessions or Canada, this exclusion (3) ap-
plies only to "property damage' to such
"nuclear facility" and any property thereat.
2. As used in this endorsement
"Hazardous properties" includes radioactive,
toxic or explosive properties.
"Nuclear material" means "source material",
"Special nuclear material" or "by-product mate-
rial'.
"Source malerial", 'special nuclear material',
and "by-product material" have the meanings
given them in the Atomic Energy Act of 1954 or
in any law amendatory thereot.
"Spent fuel" means any fuel element or fuel
component. solid or liquid. which has been used
or exposed 10 radiation in a "nuclear reactor".
IlOll- 21 11 94
Copyright. .Insurance ServicesQIHce, Inc., 1994
Page 1 of 2 0
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"Waste" means any waste material (a) contain-
ing "by-product material" other than the tailings
or wastes produted'by;'the extraction',br:concep,\
tration of uranium or thorium froniany6repr6'c-
essed primarily for its 'source material":cii~t~qt? :.~'
and (b) resulting from the operation by any per.- .
son or organization of any "nuclear facility" in- .
cluded under the first two paragraphs' of tlie
definition of "nuclear facility".
"Nuclear facility" means:
(a) Any "nuclear reactor";
(b) Any equipment or device designed Qr .used'
for (1) separating the isotopes of uranium or
plutonium, (2} processing or utilizing 'spent
fuel", or (3) handling. processing or' pa~k;lg"
ing "waste";
Page 2 of 2
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(c) Any equipment or device used for the proc-
essing, fabricating or alloying of "special nu-
qlear~rIjat~ti<iriffl!~<l:.nyVime the total amount
of such materiaf ih th'e custody of the "in-
" . , su~ed' at the premises where such equip-
ment or device is located consists of or
contains nlOre tha!!. 25 gr~ms of plutonium or
uranium" 233 or any combination thereof, or
more than 250 grams ofura':lium 235; ,
(d) AnystiiJdiJre; basin. excavation; prerrtises or
place 'prepared or 'used: for the' 'storage or
disposal of 'wasle";:'
aridinclu.d~s the .~ire:';n which. a"oyoflhefore-
going is .'ibcated;'i1W c;>peratioris, cQOducted on
such. site aridall.l!remis.eii..used; forS.uchoper-
.at/ons" ',: '.:';, ,.' .'. ,'.'
'Nuclear rea'c!";:"1I1~<l'''' any. apparatus . de-
signed or used to sustain. nuclear. fiss.ion in a
self.supporting:. chain, reaction, or'to' contain a
critical mass of fissionable material. .
'Property damage'incl~des all forrn~ of radio-
active contamination: of property.
Copyright, Insurance Services Qffice, Inc., 1994
IL 00 21 11 94 0
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tMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT OF LlaUOR LIABILITY EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Exclusion c. of COVERAGE A (Section I) is replaced
by the following:
c. "Bodily injury" or "property damage" for
which any insured may be held liable by
reason of:
(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 under the influence of alcohol; or
(3) Any statute, ordinance or regulation
relating to the sale, gift, distribution or
use of alcoholic beverages.
This exclusion applies only if you:
(1) Manufacture, sell or distribute alcoholic
beverage~;'. ,
(2) Serve or furnish alcoholic beverages for
a charge whether or not such activity:
(a) Requires a license;
(b) Is for the purpose of financial gain
or livelihood; or
(3) Serve or furnish alcoholic beverages
'!\Iithout a charge, if a license is required
for such activity.
CG 21 50 09 89
Copyright, Insurance Services Office, Inc., 1988
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HEMPT BROS., INC., )
Plaintiff )
)
vs. )
)
PENNSYL VANIA MANUFACTURERS' )
ASSOCIATION INSURANCE )
COMPANY and PENN NATIONAL )
INSURANCE, )
Defendants )
: ";i-:'~~;i
,
,;.-.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2001 -1434 CIVIL TERM
CIVIL ACTION - LAW
ACTION FOR DECLARATORY
nJDGMENT
PRAECIPE
TO THE PROTHONOTARY:
Please reinstate the Complaint filed hereto.
Respectfully submitted,
J..
"
,
MICHAEL 1. ANGS
Attorney for Plaintiff
302 South 18th Street
Camp Hill, P A 17011
(717) 730-7310
Supreme Court ID #41263
, .'.-, . ~'-L".'/'---
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,
HEMPT BROS., INC.,
Plaintiff
)
)
)
)
)
PENNSYL VANIA MANUFACTURERS' )
ASSOCIATION INSURANCE )
COMPANY and PENN NATIONAL )
INSURANCE, )
)
vs.
Defendants
1 "'.'
..,,''L.
io"
~-"_h",_' _0
.,
-
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2001-1434 CIVIL TERM
CIVIL ACTION - LAW
ACTION FOR DECLARATORY
JUDGMENT
ACCEPTANCE OF SERVICE by AUTHORIZED AGENT
I hereby accept service of the Complaint filed in the above-captioned matter on behalf of
Defendant Penn National Insurance, and certifY that I am authorized to do so.
0~~8
James K. Thomas, II, Esquire
Thomas Thomas & Hafer
305 North Front Street, 6th Floor
Post Office Box 999
Harrisburg, PA 17108
DATE: I-.j/\'/b \
-' ,
,:
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.~ -
,
"~ .' ~ '~'"iiliilI>--'>-i
" '
>.
S~ERIFF'S RETURN - OUT OF COUNTY
C~SE NO: 2001-01434 P
COMMONWEALTH OF PENNSYLVANIA:
, COUNTY OF CUMBERLAND
HEMPT BROS INC
VS
PENNSYLVANIA MANUFACTURERS'
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
PENN NATIONAL INSURANCE
but was unable to locate Them
in his bailiwicK. He therefore
deputized the sheriff of DAUPHIN
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On April
16th , 2001 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep. Dauphin Co
18.00
9.00
10.00
25.50
.00
62.50
04/16/2001
MICHAEL BANGS
~
R omas K i
Sheriff of Cumberland County
Sworn and subscribed to before me
this .)3<< day of ~
.;Ltx} r
0040
I
A.D.
(2 FM ,Pf~':1 ~
Prothonotar
jo" . ....,L...~
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,
@ffh:e of t4~ ~4~:riff
William T. Tully
Solicitor
1. Daniel Basile
Chief Deputy
Mmy Jane Snyder
Real Estate Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, peunsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
HEMPT BROTHERS INC
vs
County of Dauphin
PENN NATIONAL INSURANCE
Sheriff's Return
No. 0955-T - -2001
OTHER COUNTY NO. 01-1434
AND NOW: April 9, 2001
at 1:10PM served the within
NOTICE & COMPLAINT IN CIVIL ACTION
upon
PENN NATIONAL INSURANCE
by personally handing
to BRAD POLING, FACILITY SUPERVISOR
1 true attested copy (ies)
of the original
NOTICE & COMPLAINT IN CIVIL ACTION
and making known
to him/her the contents thereof at 2 NORTH SECOND ST.
HARRISBURG, PA 00000-0000
. So Answers
Sworn and sUbscrlbed to ) ~
m. '0;. "'" ,., oi .,.n, '"" J f~
~. (::)~ 'h.<iii oi uphi. Coun'" ,..
before
PROTHONOTARY
By
Sheriff's Costs: $25.50 PD 04/05/2001
RCPT NO 148430
LAMB
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.. In The Court of Common Pleas of Cumberland County, Pennsylvania
Hempt Bros., Inc.
VS.
Pennsylvania Manufacturers
Penn National Insurance
Assoc" ,
et. a1.
No.
01-1434 Civil
Now,
4/2/01
; 20 0 (J , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Dauphin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff... ..I'/~' .
.. ~~~~f
Sheriff ofCurnberland County, PA
Affidavit of Service
Now,
,20_, at
o'clock
M. served the
within
upon
at
by handing to
a
copy ofthe original
and made lmown to
the contents thereof.
So answers,
Sheriff of
County. P A
Sworn and subscribed before
me this _ day of
20
'-
COSTS
SERVICE
NlILEAGE
i\FFIDA VIT
$
$
~. J ~~ ~
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"'.,
HEMPT BROS., INC., )
Plaintiff )
)
Ys. )
)
PENNSYLVANIA MANUFACTURERS' )
ASSOCIATION INSURANCE )
COMPANY and PENN NATIONAL )
INSURANCE, )
Defendants )
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IN TIlE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2001 - 1434 CIVIL TERM
CIVIL ACTION - LAW
ACTION FOR DECLARATORY
mDGMENT
PRAECIPE
TO THE PROTHONOTARY:
Please reinstate the Complaint filed hereto.
Respectfully submitted,
MICHAEL . BANG
Attorney for Plainti
302 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-01434 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HEMPT BROS INC
VS
PENNSYLVANIA MANUFACTURERS'
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
PENNSYLVANIA MANUFACTURERS'
ASSOCIATION INSURANCE COMPANY
but was unable to locate Them
in his bailiwick. He therefore
deputized the sheriff of MONTGOMERY
County, Pennsylvania, to
serve the within COMP,NOT,DEC JUDG/ REIN
On May
23rd , 2001 , this office was in receipt of the
attached return from MONTGOMERY
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep. Montgomery
18.00
9.00
10.00
33.00
.00
70.00
OS/23/2001
MICHAEL BANGS
Co
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R. homas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this ..10 ~
day of
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"In'The Court of Common Pleas of Cumberland County, Pennsylvania
,~empt Bros., Toc. . ~ _
iil"" vs. - 'fAsTDAYFORSERVlCE _~
\II"",pennsylvania Manf. Assoc., et. aI. ~
Serve: Penn,sylvania Manufacturers AS&D.Ciation
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J~O r~~-7t~y7-?t~I(UlI:t'f
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Now, 5/2/01 , 200e, I, SHERIFF OF CUMBERLAND COUNTy, PA, do
-
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01-1434 Civil
. hereby deputize the Sheriff of Montqomery
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff, ./../ ..dt "
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S;;;J Sheriff of Cumberland County, PA
V
Affidavit of Senrice
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Helene Friedman. Notary Pubiic
Norristown Bora, Montgomery Coumv
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYL VANIA
HEMPT BROTHERS, INC.,
Plaintiff
NO. 2001-1434
CIVIL TERM
v.
CIVIL ACTION - LAW
PENNSYLVANIA MANUFACTURERS'
ASSOCIATION INSURANCE COMPANY
and PENN NATIONAL INSURANCE,
Defendants
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of defendant, Pennsylvania Manufacturers' Association
Insurance Company, in the above-referenced matter.
Respectfully submitted,
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
By:
~~
Kathleen D. Wilkinson, Esquire
Attorney for Defendant
Pennsylvania Manufacturers'
Association Insurance Company
596151 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER, SUITE 1130 EAST. INDEPENDENCE SQUARE WEST. PHILADELPHIA, PA 19106
PHONE: (2151 627.Q900. FAX: (2151627-2665
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CERTIFICATE OF SERVICE
Kathleen D. Wilkinson, Esquire, attorney for Defendant, Pennsylvania Manufacturers'
Association Insurance Company, certifies that on May 31, 200 I she sent via Overnight Mail, postage
prepaid, a true and correct copy of Entry of Appearance to:
Michael 1. Bangs, Esquire
Attorney at Law
302 S. 18th Street
Camp Hill, PA 17011
Attorney for Plaintiff
James K. Thomas, II, Esquire
Thomas Thomas and Hafer
P.O. Box 999
Harrisburg, PA 17108
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Kathleen D. Wilkinson, Esquire
-2-
59615.1 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST . INDEPENDENCE SQUARE WEST 'PHILADELPHIA, PA 19106
PHONE: 12151627-6900, FAX: 1215\627-2665
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
HEMPT BROTHERS, INC.
NO. 2001"1434
CIVIL TERM
Plaintiff
PENNSYLVANIA MANUFACTURERS'
ASSOCIATION INSURANCE COMPANY
and PENN NATIONAL INSURANCE
CIVIL ACTION - LA WD
N011CETOf'UA .
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be entered.... you.
Defendants: Q,~
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ANSWER WITH NEW MATTER AND REQUEST ~EcLARATORY JUDGMENT
v.
Defendant, Pennsylvania Manufacturers' Association Insurance Company ("PMAIC ") by and
through its counsel, Wilson, Elser, Moskowitz, Edelman & Dicker LLP, responds to the action for
declaratory judgment of Hempt Brothers, Inc. ("Hempt") as follows:
I. Admitted, upon information and belief.
2. Admitted.
3. The allegations contained in paragraph no. 3 are not directed to answering defendant.
4. Admitted. However, a true and correct copy was not attached to the Complaint.
5. The allegations contained in paragraph no. 5 are not directed to answering defendant.
6. Admitted, upon information and belief.
7. It is admitted Hempt advised PMAIC of sinkhole(s), but the characterization of what
Hempt told PMAIC is denied. Any writings speak for themselves.
595422 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST . INDEPENDENCE SQUARE WEST . PHILADELPHIA, PA 19106
PHONE: 12151627-<1900' FAX: 12151627-2665
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9. Denied. After reasonable investigation, answering defendant\is without knowledge or
information to fonn a belief as to the truth of the averments in paragraph no. 9 regarding the location of
the sinkholes.
10. It is admitted that Hempt advised PMAIC of such. Any writings on the subject would
speak for themselves.
II. Admitted in part, denied in part. It is admitted that Hempt has made a claim to PMAIC
alleging past and continuing expenses incurred in connection with its repair of the sinkholes. The
remaining allegations of paragraph II are denied as answering defendant is without knowledge or
information to fonn a belief as to the truth of the remaining averments. Strict proof is therefore
demanded.
12. Admitted in part, denied in part. It is admitted that Hempt has advised PMAIC of three
separate additional claims made against Hempt allegedly as a result ofthe sinkhole development. It is
denied Hempt is entitled to coverage for the claims.
13. Admitted in part, denied in part. It is admitted that Hempt advised PMAIC that it
incurred legal fees and costs in connection with DEP proceedings and remediation costs. The remaining
allegations of paragraph 13 are denied as answering defendant is without knowledge or information to
form a belief as to the truth of the remaining averments in paragraph 13. By way of further response,
plaintiff s allegations regarding the cause of the multiple sinkholes problem is at issue in this litigation.
-2-
595422 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST' INDEPENDENCE SQUARE WEST' PHILADELPHIA, PA 19106
PHONE (215) 627-6900' FAX: (215) 627-2665
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14. Admitted in part, denied in part. It is admitted that Hempt advised PMAIC that it entered
into a Consent Decree with DEP. The remaining allegations concerning the Consent Decree are denied
as the Consent Decree is a written docwnent which speaks for itself. Plaintiffs allegations regarding its
loss of significant mineral resources are denied as answering defendant is wifhout knowledge or
infoITIlation to form a belief as to the truth of the averments.
COUNT I
HEMPT V. PMAIC
15. Answering defendant incorporates by reference its response to paragraph 1 through 14 of
plaintiff s complaint as though fully set forth at length herein.
16. Denied as stated. It is admitted only that following the notification by Hempt to PMAIC
ofthe sinkhole outbreak in May 1997, PMAIC investigated the nature of the sinkholes. PMAIC then
denied coverage for the claim.
17. Denied as stated. It is admitted only that PMAIC engaged a hydrologist to assist pMAIC
in determining the cause of the sinkhole problem.
18. Denied as stated. It is admitted only that the hydrologist engaged by PMAIC, after
review of the sinkhole problem, made a preliminary determination that the sinkholes could be the result
of natural or other causes. Hempt disputed this determination.
19. Denied. Answering defendant is without knowledge or information to form a belief as to
the truth of the averment that Hempt relied on PMAIC 's "handling of the matter." PMAIC was not
handling a matter. Answering defendant further denies Hempt's characterization of the expert opinion
-3-
59542.2 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST. INDEPENDENCE SQUARE WEST' PHILADELPHIA, PA 19106
PHONE: (215) 627-6900' FAA: (215) 627-2665
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regarding Hempt's quarrying operations and the cause of the sinkholes. The investigation into the cause
of the sinkholes and the damages caused by the Sinkholes is continuing. To the extent that any expert
previously offered an opinion on the matter, said opinion was preliminary and not inclusive as the
investigation is incomplete. By way of further answer, Hempt disputed PMAIC's and its experts'
opinions. Further, such is irrelevant and does not form the basis of any claim.
20. It is admitted Hempt so advised PMAIC.
21. Denied as stated. It is admitted that PMAIC attempted to resolve the disputed claims
made by Hempt under the 1997/1998 PMAIC policy.
22. Admitted in part, denied in part. It is admitted that PMAIC attempted to resolve the
disputed claims by Hempt under the 1997/1998 PMAIC policy. It is further admitted that in exchange
for the payment of certain monies to resolve disputed claims, PMAIC required a release regarding
further damages related to sinkhole development. Plaintiff's allegations regarding its motivation to
remediate the sinkholes and its characterizations ofPMAIC 's role in Hempt's business decisions are
specifically denied.
23. Admitted in part, denied in part. It is admitted that Hempt advised PMAIC that it would
not sign a release in settlement of a disputed claim. By way of further response, there are nwnerous
issues with regard to the cause of sinkholes and whether there is coverage under the 1997/1998 PMAIC
policy. Accordingly, PMAIC reserved all rights with regard to accepting coverage for these claims
pending an investigation under the terms and exclusions of the policy.
24. Denied. It is specifically denied that PMAIC originally advised that there were no
exclusions under the 1997/1998 policies which would bar coverage for remediation of the sinkholes
-4-
595422 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST' INDEPENDENCE SQUARE WEST. PHILADELPHIA, PA 19106
PHONE: (215) 627-6900' FAX: (215) 627-2665
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during that period. To the contrary, PMAIC speci\fically reserved all rights regarding coverage for these
claims under the terms of the policy.
25. Admitted in part, denied in part. It is admitted that PMAIC advised Hempt that under the
1997/1998 policy there were several exclusions that might preclude coverage for the claims made by
Hempt during the policy period. PMAIC further advised Hempt that sinkholes which developed after
the expiration of coverage, March 1, 1998 might be excluded because they were the result of a different
occurrence outside the policy period.
26. Admitted in part, denied in part. It is admitted that PMAIC advised Hempt that under the
1997/1998 policy there were several exclusions that might preclude coverage for the claims made by
Hempt during the policy period. PMAIC further advised Hempt that sinkholes which developed after
the expiration of coverage, March I, 1998 might be excluded because they were the result of a different
occurrence outside the policy period.
27. Denied as stated. It is admitted that PMAIC has been advised that Hempt is seeking
coverage under PMAIC 's 1997/1998 policy for all claims, costs and damages related to the sinkholes
which developed during and after the PMAIC policy. It is denied there is coverage for those claims.
28. Denied as stated. PMAIC requests that this Court issue a declaration that its policy does
not apply to the damages sustained by Hempt which were a result of an occurrence or occurrences
outside PMAIC 's policy period. PMAIC further requests that this Honorable Court issue a declaration
that its policy does not apply to actions by Hempt which it knew would likely cause damage to property
and loss of reserves in the quarry.
-5-
59542.2 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST' INpEPENDENCE SQUARE WEST. PHILADELPHIA. PA 19106
PHONE: (215) 627-6900' FAX: (215) 627-2665
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WHEREFORE, defendant, Pennsylvania Manufacturers' Association Insurance Company
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respectfully requests that this Honorable Court enter, a declaratory judgment that (1) there is no coverage
under PMAIC 's policy for the damages alleged by Hempt Brothers, Inc. (Hempt); (2) PMAIC does not
have the duty to defend or indemnify Hempt regarding any claim for damages resulting from
occurrences after the expiration of the PMAIC policy on March 1, 1998 and further does not have a duty
to defend or indemnify Hempt for claims or damages excluded by its policy together with costs and fees
and further relief as appropriate.
COUNT II
HEMP V. PNI
29. Paragraphs 1 through 28 are incorporated herein as though fully set forth at length.
30. Denied. Answering defendant is without knowledge or information sufficient to form a
belief as to the truth of the averments in paragraph 30. Moreover, the allegations in paragraph 30 are not
directed to answering defendant.
31. Denied. Answering defendant is without knowledge or information sufficient to form a
belief as to the truth of the averments in paragraph 31. Moreover, the allegations in paragraph 31 are not
directed to answering defendant.
32. Denied. Answering defendant is without knowledge or information sufficient to form a
belief as to the truth of the averments in paragraph 32. Moreover, the allegations in paragraph 32 are not
directed to answering defendant.
-6-
595422 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST . INDEPENDENCE SQUARE WEST. PHILADELPHIA, PA 19106
PHONE: (215) 627-6900' FAX: (215) 627-2665
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33. Denied. All allegations regarding bausation damage and consequential injury and cost
are denied as improper legal conclusions and strict proof thereof is demanded at trial, if relevant.
34. Admitted.
WHEREFORE, defendant Pennsylvania Manufacturers' Association Insurance Company
respectfully requests that this Honorable Court enter a declaratory judgment that (1) there is no coverage
under PMAIC 's policy for the damages alleged by Hempt Brothers, Inc. (Hempt); (2) PMAIC does not
have the duty to defend or indemnify Hempt regarding any claim for damages resulting from
occurrences after the expiration ofthe PMAIC policy on March 1, 1998 and further does not have a duty
to defend or indemnify Hempt for claims or damages excluded by its policy together with costs and fees
and further relief as appropriate.
NEW MATTER
35. PMAIC provided commercial general liability insurance to Hempt Brothers, Inc., policy
no. 829700-33-63-74-4, for the policy period March 1, 1997 to March 1,1998. PMAIC's policy is
written on an occurrence basis with $1 million limits of liability per occurrence and $3 million in the
aggregate. (A true and correct copy of the policy is attached hereto as Exhibit "A.")
36. The policy provides in relevant part as follows:
SECTION I - COVERAGES
COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE
LIABILITY
1. Insuring Agreement.
-7-
595422 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST' INDEPENDENCE SQUARE WEST' PHILADELPHIA, PA 19106
PHONE: (215) 627-6900' FAX: (215) 627-2665
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a. We will pay those sums that the insllfed becomes legally
obligated to pay as damages because of 'bodily injury' or
'property damage' to ,which this insllfance applies.
b. This insllfance applies to 'bodily injllfY' and 'property
damage' only if:
(1) The 'bodily injllfY' or 'property damage' is caused
by an 'occurrence' that takes place in the' coverage
territory'; and
(2) The 'bodily injllfY' or 'property damage' OCCllfS
during the policy period.
* * *
37. The policy contains the following exclusions
2. Exclusions.
This insllfance does not apply to:
f. Pollution
(I) 'Bodily injury' or 'property damage' arising out of
the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or escape of
pollutants:
(a) At or from any premises, site or location
which is or was at any time owned or
occupied by, or rented or loaned to, any
insllfed;
(b) At or from any premises, site or location
which is or was at any time used by or for
any insllfed or others for the handling,
storage, disposal, processing or treatment of
waste;
(c) Which are or were at any time transported,
handled, stored, treated, disposed of, or
processed as waste by or for any insllfed or
any person or organization for whom you
may be legally responsible; or
-8-
595422 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST . INDEPENDENCE SQUARE WEST' PHILADELPHIA, PA 19106
PHONE: (215) 627-6900' FAX: (215) 627-2665
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At o~" from any premises, site or location on
which any insured or any contractors or
subcOl~tractors working directly or indirectly
on any.insured's behalf are performing
operatio'ns:
(i) If the pollutants are brought on or to
the premises, site or location in
connection with such operations by
such insured, contractor or
subcontractor; or
(ii) If the operations are to test for,
monitor, clean up, remove, contain,
treat, detoxify or neutralize, or in any
way respond to, or assess the effects
of pollutants.
Subparagraph (d)(i) does not apply to 'bodily injury' or
'property damage' arising out of the escape of fuels,
lubricants or other operating fluids, which are needed to
perform the normal electrical, hydraulic or mechanical
functions necessary for the operations of 'mobile
equipment' or its parts, if such fuels, lubricants or other
operating fluids escape from a vehicle part designed to
hold, store or receive them. This exception does not apply
if the fuels, lubricants or other operating fluids are
intentionally discharged, dispersed or released, or if such
fuels, lubricants or other operating fluids are brought on or
to the premises, site or location with intent to be
discharged, dispersed or released as part ofthe operations
being performed by such insured, contractor or
subcontractor. Subparagraphs (a) and (d)(i) do not apply to
'bodily injury' or 'property damage' arising out of heat,
smoke or fumes from a hostile fire.
As used in this exclusion, a hostile fire means one which
becomes uncontrollable or breaks out from where it was
intended to be
(2) Any loss, cost or expense arising out of any:
(a) Request, demand or order that any insured
or others test for, momtor, clean up, remove,
contain, treat, detoxify or neutralize, or in
any way respond to, or assess the effects of
pollutants; or
-9-
595422 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST . INDEPENDENCE SQUARE WEST' PHILADELPHIA, PA 19106
PHONE: (215) 627-6900' FAX: (215) 627-2665
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(b) Claim or suit by or on behalf of a
governmental authority for damages because
of testing for, monitoring, cleaning up,
removing, containing, treating, detoxifying
or neutralizing, or in any way responding to,
or assessing the effects of pollutants.
Pollutants means any solid, liquid, gaseous or thermal
irritant or contaminant, including smoke, vapor, soot,
fumes, acids, alkalis, chemicals and waste. Waste includes
materials to be recycled, reconditioned or reclaimed.
J. Damage to Property
'Property damage' to:
(1) Property you own, rent or occupy;
(2) Premises you sell, give away or abandon, if
the 'property damage' arises out of any part
of those premises;
(3) Property loaned to you;
(4) Personal property in the care, custody or
control of the insured;
(5) That particular part of real property on
which you or any contractors or
subcontractors working directly or indirectly
on your behalf are performing operations, if
the 'property damage' arises out of those
operations; or
(6) That particular part of any property that
must be restored, repaired or replaced
because 'your work' was incorrectly
performed on it.
Paragraph (2) of this exclusion does not apply if the
premises are 'your work' and were never occupied, rented
or held for rental by you.
Paragraphs (3), (4), (5) and (6) of this exclusion do not
apply to liability assumed under a sidetrack agreement.
-10-
595422 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST, INDEPENDENCE SQUARE WEST, PHILADELPHIA, PA 19106
PHONE: (215) 627-6900' FAX: (215) 627-2665
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,
Paragraph (6) of this exclusion does not apply to 'property
damage' included in the 'products-completed operations
hazard. '
k. Damage to Your Product
'Property damage' to 'your product' arising out of it or any
part of it.
1. Damage to Your Work
'Property damage' to 'your work' arising out 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 behalfby a subcontractor.
m. Damage to Impaired Property or Property Not
Physically Injured
'Property damage' to 'impaired property' or property that
has not been physically injured, arising out of:
(1) A defect, deficiency, inadequacy or
dangerous conditions 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 exclusion does not apply to the loss of use of
other property arising out of sudden and accidental
physical iJ1iury to 'your product' or 'your work'
after it has been put to its intended use.
n. Recall of Products, Work or Impaired Property
Damages claimed for any loss, cost or expense incurred by
you or others for the loss of use, withdrawal, recall,
inspection, repair, replacement, adjustment, removal or
disposal of:
(1) 'Your product';
(2) 'Your work'; or
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595422 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST. INDEPENDENCE SQUARE WEST. PHILADELPHIA. PA 19106
PHONE: (215) 627-6900' FAX: (215) 627-2665
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(3) 'Impaired property';
if such product, work or property is withdrawn or
recalled form the market or from use by any person
or organization because of a known or suspected
defect, deficiency, inadequacy or dangerous
condition in it.
Exclusions c. through n. do not apply to damage by fire to
premises while rented to you or temporarily occupied by
you with permission of the owner. A separate limit of
insurance supplies to this coverage as described in LIMITS
OF INSURANCE (Section III).
38. The following definitions contained within Section 5 ofPMAIC's policy
are relevant:
SECTION V - DEFINITIONS
*
*
*
7. "Impaired property" means tangible property, other than "your
product" or "your work," that cannot be used or is less useful
because:
a. It incorporates "your product" or "your work" that is
known or thought to be defective, deficient, inadequate or
dangerous; or
b. You have failed to fulfill the terms of a contract or
agreement;
if such property can be restored to use by:
a. The repair, replacement, adjustment or removal of "your
product" or "your work", or
b. Your fulfilling the terms of the contract or agreement.
* * *
12. 'Occurrence' means an accident, including continuous or repeated
exposure to substantially the same general harmful conditions.
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595422 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
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PHONE: (215) 627-6900' FAX: (215) 627-2665
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14. "Products-completed operations hazard":
a. Includes all "bodily injury" and "property damage"
occurring away from premises you own or rent and arising
out of "your product" or "your work" except:
(1) Work that has not yet been completed or
abandoned. However, "your work" will be deemed
completed at the earliest of the following times:
(a) When all of the work called for in your
contract has been completed.
(b) When all of the work to be done a the site
has been completed if your contract calls for
work at more than one job site.
(c) When that part of the work done at ajob site
has been put to its intended use by any
person or organization than another
contractor or subcontractor working on the
same project.
Work that may need service, maintenance, correction, repair or
replacement, but which is otherwise complete, will be treated as
completed.
b. Does not include "bodily injury" or "property damage"
arising out of:
(1) The transportation of property, unless the injury or
damage arises out of a condition in or on a vehicle
not owned or operated by you, and the condition
was created by the "loading or unloading" of that
vehicle by any insured;
(2) The existence of tools, uninstalled equipment or
abandoned or unused materials; or
(3) Products or operations for which the classification,
listed in the Declarations or in a policy schedule,
states that products-completed operations are
subject to the General Aggregate Limit.
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59542.2 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
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PHONE: (215)'627-6900' FAX: (215) 627-2665
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15. "Property damage" means:
a. Physical injury to tangible property, including all resulting
loss of use of that property. All such loss of use shall be
deemed to occur at the time of the physical injury that
caused it; or
b. Loss of use oftangible property that is not physically
injured. All such loss of use shall be deemed to occur at
the time of the "occurrence" that caused it.
*
*
*
18. "Your product" means:
a. Any goods or products, other than real property,
manufactured, sold, handled, distributed or disposed of by:
(1) You;
(2) Others trading under your name; or
(3) A person or organization whose business or assets
you have acquired; and
b. Containers (other than vehicles), materials, parts or
equipment furnished in connection with such goods
or products.
"Your product" includes:
a. Warranties or representations made at any time with
respect to the fitness, quality, durability,
performance or use of "your product" and
b. The providing of or failure to provide warnings or
instructions.
"Your product" does not include vending machines or other
property rented to or located for the use of others but not
sold.
19. "Your work" means:
a. Work or operations performed by you or on your behalf;
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59542.2 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
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PHONE: (215) 627-6900' FAX: (215) 627-2665
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b. Materials, parts or equipment furnished in connection with
such work or operations.
"Your work" includes:
a. Warranties or representations made at any time with respect
to the fitness, quality, durability or performance or use of
"your work"; and
b. The providing of or failure to provide warnings or
instructions.
39. Section IV of the policy addresses the applicability of other insurance to Hempt's claims.
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS
* * *
4. Other Insurance.
If other valid and collectible insurance is available to the insured
for a loss we cover under Coverages A or B of this Coverage Part,
our obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when b. below applies. If
this insurance is primary, our obligations are not affected
unless any of the other insurance is also primary. Then, we
will share with all that other insurance by the method
described in c. below
b. Excess Insurance
This insurance is excess over any of the other insurance,
whether primary, excess, contingent or on any other basis:
(1) That is Fire, Extended Coverage, Builder's Risk,
Installation Risk or similar coverage for 'your
work';
-15-
59542.2 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST. INDEPENDENCE SQUARE WEST. PHILADELPHIA, PA 19106
PHONE: (215) 627-6900' FAX: (215) 627-2665
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(2) That is Fire insurance for premises rented to you or
temporarily occupied by you with permission of the
owner; or
(3) If the loss arises out of the maintenance or use of
aircraft, 'autos' or watercraft to the extent not
subject to Exclusion g. of Coverage A (section I).
When this insurance is excess, we will have no duty under
Coverage A or B to defend the insured against any "suit" if
any other insurer has a duty to defend the insured against
that "suit." If no other insurer defends, we will undertake
to do so, but we will be entitled to the insured's rights
against all those other insurers.
When this insurance is excess over other insurance, we 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 insurance
would pay for the loss in the absence of this
insurance; and
(2) The total of all deductible and self-insured amounts
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 ofthe Limits of Insurance shown in the Declarations
of this Coverage Part.
c. Method of Sharing
If all of the other insurance permits contribution 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 first.
If any of the other insurance does not permit contribution
by equal shares, we will contribute by limits. Under this
method, each insurer's share is based on the ratio of its
applicable limit of insurance to the total applicable limits of
insurance of all insurers.
* * *
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59542.2 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST . INDEPENDENCE SQUARE WEST. PHILADELPHIA, PA 19106
PHONE: (215) 627-6900' FAX: (215) 627-2665
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40. PMAIC policy addresses in Section IV, Hempt's duty to provide notice of all claims:
2. Duties ill The Event Of Occurrence, Offense, Claim Or Suit
a. You must see to it that we are notified as soon as practicable of an
'occurrence' or an offense which may result in a claim. To the extent
possible, notice should include:
(I) How, when and where the 'occurrence' or offense took place;
(2) The names and addresses of any injured persons and witnesses;
and
(3) The nature and location of any injury or damage arising out of the
'occurrence' or offense.
b. If a claim is made or 'suit' is brought against any insured, you must:
(I) Immediately record the specifics of the claim of 'suit' and the date
received; and
(2) Notify us as soon as practicable.
You must see to it that we receive written notice of the claim or 'suit' as
soon as practicable.
c. You and any other involved insured must:
(I) Immediately send us copies of any demands, notices, swnmonses
or legal papers received in connection with the claim or 'suit';
(2) Authorize us to obtain records and other information;
(3) Cooperate 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 person 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, assume any obligation, or incur any expense, other than
for first aid, without our consent.
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595422 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
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PHONE: (215) 627-6900' FAX: (215) 627-2665
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41. PMAIC specifically notified Hempt that any action taken by PMAIC or its agents,
representatives, or attorneys investigating any coverage issue or alleged occurrence or occurrences
would not constitute a waiver of any rights or defenses available to PMAIC, and shall not estop it from'
exerting any such rights, terms, provisions, conditions, or exclusions now or at a later date.
42. The investigation ofPMAIC and its retained experts surrounding the cause of the
sinkhole problems has initially determined that there were several potential causes including natural
processes and manmade activities unrelated to the mining operations of Hem pt. In addition, it has not
been conclusively determined that the activities which caused or contributed to the formation of
sinkholes occurred during the subject PMAIC policy period. PMAIC continues to investigate all
potential causes of the sinkhole development as well as whether those causes occurred prior to the
effective date or after of the PMAIC policy, that being March 1, 1997.
43. PMAIC reserved any and all rights and coverage defenses, under the terms, conditions,
provisions and exclusions of its policies.
44.
lapsed.
45.
period.
46.
Further sinkholes developed after March 1, 1998, after coverage on the subject policy had
The PMAIC policy does not provide coverage for occurrence( s) outside of its policy
PMAIC policy does not provide coverage to repair the insured's work or for losses due to
business interruption.
47. In order for PMAIC's coverage to be applicable, there must be, inter alia, an occurrence
as defined within PMAIC's policy, and the occurrence must not be otherwise excluded from coverage.
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59542.2 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST' INDEPENDENCE SQUARE WEST' PHILADELPHIA, PA 19106
PHONE: (215) 627-6900' FAX: (215) 627-2665
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48. To date, Hempt has not demonstrated that there is coverage under PMAIC's policy.
49. The PMAIC policy requires Hempt to provide timely notice of a claim.
50. Hempt has not provided PMAIC with timely notice of the claim as required by the policy
conditions. This failure to provide timely notice has prejudiced PMAIC.
51. Upon information and belief, the sinkhole problems in were manifestations of the
existing conditions which Hempt understood were present prior to the inception of the policy.
52. Therefore, Hempt may have had knowledge of the likelihood of problems with sinkholes
to obtaining coverage from PMAIC.
53. Hempt failed to disclose any awareness of the likelihood of exposure to liability and
damages resulting from the sinkholes at the time it submitted an application for insurance coverage with
PMAIC.
54. There is a prior pending action that bars this action.
55. PMAIC reserves it right to interpose such other defenses as an investigation or discovery
may disclose.
56. PMAIC incorporates by reference the Declaratory Judgment Complaint below as if fully
set forth herein.
WHEREFORE, defendant, Pennsylvania Manufacturers' Association Insurance Company
respectfully requests that this Honorable Court enter a declaratory judgment that (I) there is no coverage
under PMAIC 's policy for the damages alleged by Hempt Brothers, Inc. (Hempt); (2) PMAIC does not
have the duty to defend or indemnify Hempt regarding any claim for damages resulting from
-19- .
59542.2 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST . INDEPENDENCE SQUARE WEST' PHILADELPHIA, PA 19106
PHONE: (215) 627-6900' FAX: (215) 627-2665
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occurrences after the expiration of the PMAIC policy on March 1, 1998 and further does not have a duty
to defend or indemnify Hempt for claims or damages excluded by its policy together with costs and fees
and further relief as appropriate.
NEW MATTER/COUNTERCLAIM
Defendant has filed a Declaratory Judgment Complaint in the Court of Common Pleas
Montgomery County, Pennsylvania, No. 99-16005 which avers as follows:
DECLARATORY JUDGMENT COMPLAINT
(a) THE PARTIES AND JURISDICTION
57. Plaintiff Pennsylvania Manufacturers' Association Insurance Company ("PMAIC") is a
corporation duly organized and existing under the laws ofthe Commonwealth of Pennsylvania with a
principal office located at 380 Sentry Parkway, Montgomery County, Blue Bell, Pennsylvania, P A,
19422.
58. Defendant Hempt Brothers, Inc. ("Hempt") is a corporation duly organized and existing
under the laws of the Commonwealth of Pennsylvania with a principal place of business at 205 Creek
Road, Camp Hill, P A, 17011.
59. Jurisdiction over the parties and venue are proper for the reasons stated herein. A
declaration of the rights and legal relations of the parties is sought. A justiciable controversy exists
between the parties concerning their respective rights and liabilities under applicable policies of
insurance.
-20-
59542.2 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST . INDEPENDENCE SQUARE WEST. PHILADELPHIA, PA 19106
PHONE: (215) 627-6900' FAX: (215) 627-2665
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60. PMAIC issued a commercial general liability insurance to Hempt for the policy period
March 1, 1997 through March 1, 1998 on an occurrence basis with $1 million limits of liability per
occurrence and $3 million in the aggregate. A true and correct copy of the subject policy with the
applicable provisions is attached hereto as Exhibit "A." Any endorsements or other provisions which
are part of the policy will be produced in discovery.
(b) POLICY TERMS
61. The policy provides in relevant part as follows:
SECTION I - COVERAGES
COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY
3. Insuring Agreement.
c. We will pay those sums that the insured becomes legally obligated to pay
as damages because of 'bodily injury' or 'property damage' to which this
insurance applies.
d. This insurance applies to 'bodily injury' and 'property damage' only if:
(3) The 'bodily injury' or 'property damage' is caused by an
'occurrence' that takes place in the 'coverage territory'; and
(4) The 'bodily injury' or 'property damage' occurs during the policy
period.
* * *
See Exhibit "A."
62. The policy contains the following exclusions:
4. Exclusions.
This insurance does not apply to:
f. Pollution
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595422 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
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PHONE: (215) 627-6900 - FAX: (215) 627-2665
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(3) 'Bodily injury' or 'property damage' arising out of the actual,
alleged or threatened discharge, dispersal, seepage, migration,
release or escape of pollutants:
( e) At or from any premises, site or location which is or was at
any time owned or occupied by, or rented or loaned to, any
insured;
(f) At or from any premises, site or location which is or was at
any time used by or for any insured or others for the
handling, storage, disposal, processing or treatment of
waste;
(g) Which are or were at any time transported, handled, stored,
treated, disposed of, or processed as waste by or for any
insured or any person or organization for whom you may
be legally responsible; or
(h) At or from any premises, site or location on which any
insured or any contractors or subcontractors working
directly or indirectly on any insured's behalf are
performing operations:
(iii) If the pollutants are brought on or to the premises,
site or location in connection with such operations
by such insured, contractor or subcontractor; or
(iv) Ifthe operations are to test for, monitor, clean up,
remove, contain, treat, detoxify or neutralize, or in
any way respond to, or assess the effects of
pollutants.
Subparagraph (d)(i) does not apply to 'bodily injury' or 'property damage'
arising out of the escape of fuels, lubricants or other operating fluids,
which are needed to perform the normal electrical, hydraulic or
mechanical functions necessary for the operations of 'mobile equipment'
or its parts, if such fuels, lubricants or other operating fluids escape from a
vehicle part designed to hold, store or receive them. This exception does
not apply if the fuels, lubricants or other operating fluids are intentionally
discharged, dispersed or released, or if such fuels, lubricants or other
operating fluids are brought on or to the premises, site or location with
intent to be discharged, dispersed or released as part of the operations
being performed by such insured, contractor or subcontractor.
Subparagraphs (a) and (d) (i) do not apply to 'bodily injury' or 'property
damage' arising out of heat, smoke or fumes from a hostile fire.
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595422 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
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PHONE: (215) 627-6900' FAX: (215) 627-2665
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As used in this exclusion, a hostile fire means one which becomes
uncontrollable or breaks out from where it was intended to be
(4) Any loss, cost or expense arising out of any:
( c) Request, demand or order that any insured or others test
for, monitor, clean up, remove, contain, treat, detoxify or
neutralize, or in any way respond to, or assess the effects of
pollutants; or
(d) Claim or suit by or on behalf of a governmental authority
for damages because of testing for, monitoring, cleaning
up, removing, containing, treating, detoxifying or
neutralizing, or in any way responding to, or assessing the
effects of pollutants.
Pollutants means any solid, liquid, gaseous or thermal irritant or
contaminant, including smoke, vapor, soot, fumes, acids, alkalis,
chemicals and waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
o. Damage to Property
'Property damage' to:
(7) Property you own, rent or occupy;
(8) Premises you sell, give away or abandon, if the 'property
damage' arises out of any part of those premises;
(9) Property loaned to you;
(10) Personal property in the care, custody or control ofthe
insured;
(11) That particular part of real property on which you or any
contractors or subcontractors working directly or indirectly
on your behalf are performing operations, if the 'property
damage' arises out of those operations; or
(12) That particular part of any property that must be restored,
repaired or replaced because 'your work' was incorrectly
performed on it.
Paragraph (2) of this exclusion does not apply if the premises are 'your
work' and were never occupied, rented or held for rental by you.
-23-
59542.2 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST' INDEPENDENCE SQUARE WEST' PHILADELPHIA, PA 19106
PHONE: (215) 627-6900' FAX: (215) 627-2665
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Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability
assumed under a sidetrack agreement.
Paragraph (6) of this exclusion does not apply to 'property damage'
included in the 'products-completed operations hazard.'
p. Damage to Your Product
'Property damage' to 'your product' arising out of it or any part of it.
q. Damage to Your Work
'Property damage' to 'your work' arising out 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 behalfby a subcontractor.
r. Damage to Impaired Property or Property Not Physically Injured
'Property damage' to 'impaired property' or property that has not been
physically injured, arising out of:
(3) A defect, deficiency, inadequacy or dangerous conditions
in 'your product' or 'your work'; or
(4) A delay or failure by you or anyone acting on your behalf
to perform a contract or agreement in accordance with its
terms.
This exclusion does not apply to the loss of use of other property
arising out of sudden and accidental physical injury to 'your
product' or 'your work' after it has been put to its intended use.
s. Recall of Products, Work or Impaired Property
Damages claimed for any loss, cost or expense incurred by you or others
for the loss of use, withdrawal, recall, inspection, repair, replacement,
adjustment, removal or disposal of:
(4) 'Your product';
(5) 'Your work'; or
(6) 'Impaired property';
if such product, work or property is withdrawn or recalled form the
market or from use by any person or organization because of a
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59542.2 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
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PHONE: (215) 627-6900' FAX: (215) 627-2665
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known or suspected defect, deficiency, inadequacy or dangerous
condition in it.
Exclusions c. through n. do not apply to damage by fire to premises while
rented to you or temporarily occupied by you with permission of the
owner. A separate limit of insurance applies to this coverage as described
in LIMITS OF INSURANCE (Section lII).
See Exhibit "A."
63. The following definitions contained within Section V ofPMAIC's policy are relevant:
SECTION V - DEFINITIONS
*
*
*
7. "Impaired property" means tangible property, other than "your product" or "your
work," that cannot be used or is less useful because:
c. It incorporates "your product" or "your work" that is known or thought to
be defective, deficient, inadequate or dangerous; or
d. You have failed to fulfill the terms of a contract or agreement;
if such property can be restored to use by:
a. The repair, replacement, adjustment or removal of "your product" or "your
work", or
b. Your fulfilling the terms ofthe contract or agreement.
* * *
13. 'Occurrence' means an accident, including continuous or repeated exposure to
substantially the same general harmful conditions.
* * *
14. "Products-completed operations hazard":
a. Includes all "bodily injury" and "property damage" occurring away from
premises you own or rent and arising out of "your product" or "your
work" except:
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595422 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
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* * *
(2) Work that has not yet been completed or abandoned. However,
"your work" will be deemed completed at the earliest ofthe
following times:
(a) When all of the work called for in your contract has been
completed.
(b) When all of the work to be done at the site has been
completed if your contract calls for work at more than one
job site.
(c) When that part of the work done at a job site has been put
to its intended use by any person or organization than
another contractor or subcontractor working on the same
proj ect.
Work that may need service, maintenance, correction, repair or replacement, but
which is otherwise complete, will be treated as completed.
b. Does not include "bodily injury" or "property damage" arising out of:
(1) The transportation of property, unless the injury or damage arises
out of a condition in or on a vehicle not owned or operated by you,
and the condition was created by the "loading or unloading" of that
vehicle by any insured;
(2) The existence of tools, uninstalled equipment or abandoned or
unused materials; or
(3) Products or operations for which the classification, listed in the
Declarations or in a policy schedule, states that products-
completed operations are subject to the General Aggregate Limit.
15. "Property damage" means:
a. Physical injury to tangible property, including all resulting loss of use of
that property. All such loss of use shall be deemed to occur at the time of
the physical injury that caused it; or
b. Loss of use of tangible property that is not physically injured. All such
loss of use shall be deemed to occur at the time of the "occurrence" that
caused it.
*
*
*
-26-
59542.2 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST, INDEPENDENCE SQUARE WEST' PHILADELPHIA, PA 19106
PHONE: (215) 627-6900' FAX: (215) 627-2665
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18. "Your product" means:
a. Any goods or products, other than real property, manufactured, sold,
handled, distributed or disposed of by:
(1) You;
(2) Others trading under your narne; or
(3) A person or organization whose business or assets you have
acquired; and
b. Containers (other than vehicles), materials, parts or equipment
furnished in connection with such goods or products.
"Your product" includes:
a. Warranties or representations made at any time with respect to the
fitness, quality, durability, performance or use of "your product"
and
b. The providing of or failure to provide warnings or instructions.
"Your product" does not include vending machines or other property
rented to or located for the use of others but not sold.
19. "Your work" means:
a. Work or operations performed by you or on your behalf;
b. Materials, parts or equipment furnished in connection with such work or
operations.
"Your work" includes:
c. Warranties or representations made at any time with respect to the fitness,
quality, durability or performance or use of "your work"; and
d. The providing of or failure to provide warnings or instructions.
64. In the event there is other insurance which is applicable, there is the following policy
language which may apply:
-27-
59542.2 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST . INDEPENDENCE SQUARE WEST. PHILADELPHIA. PA 19106
PHONE: (215) 627-6900' FAX: (215) 627-2665
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SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS
* * *
5. Other Insurance.
If other valid and collectible insurance is available to the insured for a loss we
cover under Coverages A or B of this Coverage Part, our obligations are limited
as follows:
e. Primary Insurance
This insurance is primary except when b. below applies. If this insurance
is primary, our obligations are not affected unless any of the other
insurance is also primary. Then, we will share with all that other
insurance by the method described in c. below
f. Excess Insurance
This insurance is excess over any of the other insurance, whether primary,
excess, contingent or on any other basis:
(4) That is Fire, Extended Coverage, Builder's Risk, Installation Risk
or similar coverage for 'your work';
(5) That is Fire insurance for premises rented to you or temporarily
occupied by you with permission of the owner; or
(6) If the loss arises out of the maintenance or use of aircraft, 'autos'
or watercraft to the extent not subject to Exclusion g. of Coverage
A (section I).
When this insurance is excess, we will have no duty under Coverage A or
B to defend the insured against any "suit" if any other insurer has a duty to
defend the insured against that "suit." If no other insurer defends, we will
undertake to do so, but we will be entitled to the insured's rights against
all those other insurers.
When this insurance is excess over other insurance, we will pay only our
share of the amount of the loss, if any, that exceeds the sum of:
(3) The total amount that all such other insurance would pay for the
loss in the absence of this insurance; and
-28-
59542.2 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST' INDEPENDENCE SQUARE WEST' PHILADELPHIA, PA 19106
PHONE: (215) 627-6900' FAX: (215) 627-2665
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(4) The total of all deductible and self-insured amounts 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.
g. Method of Sharing
If all of the other insurance permits contribution 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 first.
If any of the other insurance does not permit contribution by equal shares,
we will contribute by limits. Under this method, each insurer's share is
based on the ratio of its applicable limit of insurance to the total applicable
limits of insurance of all insurers.
* * *
65. Section IV addresses regarding Hempt's duty to provide notice of all claims:
3. Duties In The Event Of Occurrence, Offense, Claim Or Suit
d. You must see to it that we are notified as soon as practicable of an
'occurrence' or an offense which may result in a claim. To the extent
possible, notice should include:
(4) How, when and where the 'occurrence' or offense took place;
(5) The names and addresses of any injured persons and witnesses;
and
(6) The nature and location of any injury or damage arising out of the
'occurrence' or offense.
e. If a claim is made or 'suit' is brought against any insured, you must:
(3) Immediately record the specifics of the claim of 'suit' and the date
received; and
(4) Notify us as soon as practicable.
-29-
5954Z2 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER. SUITE 1130 EAST' INDEPENDENCE SQUARE WEST. PHILADELPHIA, PA 19106
PHONE: (215) 627-6900' FAX: (215) 627-2665
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You must see to it that we receive written notice of the claim or 'suit' as
soon as practicable.
f. You and any other involved insured must:
(5) Immediately send us copies of any demands, notices, summonses
or legal papers received in connection with the claim or 'suit';
(6) Authorize us to obtain records and other information;
(7) Cooperate with us in the investigation, settlement or defense of the
claim or 'suit' and
(8) Assist us, upon our request, in the enforcement of any right against
any person or organization which may be liable to the insured
because of injury or damage to which this insurance may also
apply.
FACTUAL BACKGROUND OF CLAIM
66. PMAlC has been advised that Hempt has conducted mining operations at the Camp Hill
Quarry ("Quarry") in Lower Allen Township, Cumberland County, Pennsylvania since 1985.
67. Hempt has advised PMAlC that beginning in May 1997, sinkholes began developing in
the area of the Quarry, 17 sinkholes were discovered between May and August 1997 and five additional
sink holes developed within the same general area between August and November 1997.
68. Hempt has advised PMAIC that some sinkholes have developed after March 1, 1998, the
expiration of the subject PMAIC policy.
69. PMAIC has been advised that various entities have undertaken repairs of the sinkholes
with the assistance of and materials supplied by Hempt, who has made a claim against the PMAlC
policy for expenses relating to the repairs.
70. PMAIC has been advised Hempt is seeking coverage under PMAIC's policy.
-30-
59542.2 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST . INDEPENDENCE SQUARE WEST. PHILADELPHIA, PA 19106
PHONE: (215) 627-6900' FAX: (215) 627-2665
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RELIEF SOUGHT
COUNT I
71. PMAIC incorporates by reference paragraphs 57 through 65 above as if fully set forth
herein.
72. PMAIC requests the Court order Hempt to provide all information in support of its
claim(s) and to provide any and all evidence of the cause(s) of the sinkholes and whether they occurred
prior to expiration ofthe PMAIC policy.
73. The PMAIC policy does not apply to damage which occurred after its policy period
ended. See Exhibit "A."
74.
18. Therefore, any damage from sinkholes which occurred at the Quarry after
March 1, 1998 would not be covered under the policy. Upon information and belief, any damage from
sinkholes after March I, 1998 were the result of natural causes and/or different occurrence(s) outside of
PMAIC's policy period.
75. PMAIC requests a Court declaration that its policy does not apply to damages sustained
by Hempt which were the result of an occurrence outside ofPMAIC'spolicy period.
WHEREFORE, plaintiff Pennsylvania Manufacturers' Association Insurance Company requests
the Court enter a declaratory judgment that (I) there is no coverage under PMAIC's policy; (2) PMAIC
does not have a duty to defend and/or indemnify Hempt Brothers, Inc. regarding any claim for damages
resulting from occurrences after the expiration of the PMAIC policy on March 1, 1998, or for any claims
-31-
59542.2 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER. SUITE 1130 EAST' INDEPENDENCE SQUARE WEST. PHILADELPHIA, PA 19106
PHONE: (215) 627-6900' FAX: (215) 627-2665
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for damages excluded by its policy, and (3) that PMAIC be granted such other and further relief as is
appropriate.
COUNT II
76. PMAIC incorporates by reference paragraph 57 through 65 above as if fully set forth
herein.
77. The PMAIC policy contains the aforesaid exclusions which preclude coverage as stated
above.
78. In order for PMAIC's coverage to be applicable, there must be, inter alia, an occurrence
as defined within PMAIC's policy, and the damages must not to be otherwise excluded from coverage.
79. To date, Hempt has not demonstrated that there is coverage under PMAIC's policy.
80. PMAIC requests the court issue a declaration that its policy does not apply and/or that
exclusions apply and preclude coverage for some and/or all ofHempt's claims for the aforesaid.
WHEREFORE, plaintiff Pennsylvania Manufacturers' Association Insurance Company requests
the Court enter a declaratory judgment that (1) there is no coverage under PMAIC's policy; (2) PMAIC
does not have a duty to defend and/or indemnify Hempt Brothers, Inc. regarding any claim for damages
resulting from occurrences after the expiration of the PMAIC policy on March 1, 1998, or for any claims
for damages excluded by its policy, and (3) that PMAIC be granted such other and further relief as is
appropriate.
-32-
59542.2 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST' INDEPENDENCE SQUARE WEST' PHILADELPHIA, PA 19106
PHONE: (215) 627.6900, FAX: (215) 627.2665
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COUNT III
81. PMAIC incorporates by reference paragraphs 57 through 65 above as if fully set forth
herein.
82. PMAIC is advised the Department of Environmental Protection has concerns with the
Quarry and has requested Hempt undertake remedial action and/or shut down the Quarry.
83. No coverage is afforded under PMAIC's policy to repair the insured's work or for
business interruption.
84. The PMAIC policy contains the aforesaid exclusions which preclude coverage as stated
above.
85. In order for PMAIC's coverage to be applicable, there must be, inter alia, an occurrence
as defined within PMAIC's policy, and the damages must not to be otherwise excluded from coverage.
86. To date, Hempt has not demonstrated that there is coverage under PMAIC's policy.
87. PMAIC reserves the right to amend this Complaint upon receipt of additional information
through discovery and investigation.
WHEREFORE, plaintiff Pennsylvania Manufacturers' Association Insurance Company requests
the Court enter a declaratory judgment that (1) there is no coverage under PMAIC's policy; (2) PMAIC
does not have a duty to defend and/or indemnify Hempt Brothers, Inc. regarding any claim for damages
resulting from occurrences after the expiration of the PMAIC policy on March I, 1998, or for any claims
-33-
595422 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST' INDEPENDENCE SQUARE WEST. PHILADELPHIA, PA 19106
PHONE: (215) 627-6900' FAX: (215) 627-2665
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for damages excluded by its policy, and (3) that PMAlC be granted such other and further relief as is
appropriate.
Respectfully submitted.
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
By:~~Q{.AM~;")
at een D. Wllkmson, EsqUire
Attorney for Defendant
Pennsylvania Manufacturers'
Association Insurance Company
-34-
59542.2 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST' INDEPENDENCE SQUARE WEST. PHILADELPHIA, PA 19106
PHONE: (215) 627-6900' FAX: (215) 627-2665
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VERIFICATION
I, Mark E. Travis, Senior Environmental CI?rims Specialist, am authorized to take this
verification on behalf of Permsylvania Manufacturers' Association Insurance Company; and that
the facts set forth in the foregoing Answer and New Matter are true and correct to the best of my
knowledge, information and belief; and that I understand that the statements therein are made
subject to the penalties of 18 Pa.C.s. S4904 relating to unsworn falsification to authorities.
m~ !:...t:;hAd.<J~
Mark E. Travis
DATED:
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CERTIFICATE OF SERVICE
KatWeen D. Wilkinson, Esquire, attorney for Defendant, Pennsylvania Manufacturers'
Association Insurance Company, certifies that on May 31, 200 I she sent by United States mail, first
class, postage prepaid, a true and correct copy of Defendant's Answer to Hempt Brothers, Inc.' s Action
for Declaratory Judgment to:
Michael L. Bangs, Esquire
Attorney at Law
302 S. 18th Street
Camp Hill, PA 17011
Attorney for Plaintiff
James K. Thomas, II, Esquire
Thomas Thomas and Hafer
P.O. Box 999
Harrisburg, P A 171 08
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Ka leen D. Wilkinson, Esquire
59597.1 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST . INDEPENDENCE SQUARE WEST, PHILADELPHIA. PA 19106
PHONE: (215) 627-6900' FAX: (215) 627-2665
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COMMERCIAL GENERAL LIABILITY
DECLARATIONS
PENNSYLVANIA MANUFAC'l'URERS' ASSOCIATION INSURANCE COMPANY
POLICY NO. 829700-33-63-744
r
NAMED INSURED
II
PRODUCER'S NAME
I
KEMPT BROS INC
PO BOX 271
2.05 CREEK RD
CAMP HILI., PA 17011
K. R. MACDONALD INCORPORATED
.800 DERRY STREET
P.O. BOX 4_
HARRISBURG, PA 17111
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IN RETuRN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO AlL THE T1ERMS OF THIS POLICY. WE AGREE WITH YOU TO
PROVIDE THE INSURANCE AS STATED IN THIS POLICY.
COVERAGES:
[X J OCCURRENCE
[ I OWNERS AND CONTRACTORS PROTECTIVE
[ J RAILROAD PROTECTIVE
LIMIT DF INSURANCE
GENERAL AGGREGATE (Other Than Products-Completed Operations)
PRODUCTS AND COMPLETED OPERATIONS AGGREGATE
PERSONAL AND ADVERTISING INJURY LIMIT
EACH OCCURRENCE LIMIT
FIRE DAMAGE LIMIT (Any One Fire)
MEDICAL EXPENSE LIMIT (Any One Per5on)
$ 3,000,000
$ 1,000,000
$ 1,000,000
$ 1,000,000
$ 100,000
$ 5,000
DEDUCTIBLES:
I BODILY INJURY
( J PROPERTY DAMAGE
( JPER CLAIM
I lPER OCCURRENCE
I I COMBINED 81 & PD
THIS POLICY CONTAINS AGGREGATE LIMITS; REFER TO SECTION 111- L1MTTS OF INSURANCE FOR DETAILS.
COVERAGE PARTS AND ENODRSEMENT TO THIS POLICY:
SEE ENDORSEMENT SCHEDULE
CPO,S (03110)
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COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE C~ANY
POUCY NO. 129700-3U3.74-4
SCHEDULE OF HAZARDS
RATES PREMIUM
PRl!M CLAII PREMIUM TEAR PREMlDPa PRODUCTI PRE~ PROIIUCn
NO CUSSIFlCATIClN CODE -
Ca1POSITE: RATE: GROUP , 1 15150 Cather}
IPer 1000
1,O_U,"160 $ 1 UlI2 INCL: $ t31,ll25 INCL
Contr.ct1n9 (LeI"
(None)
ocxn ELl:VATOR INSPECTION CHAAGE - - Cather)
ONE eMIR LIfT PA
IC Any 010 FLATCHG $ 75
.
0010 FAAH6 n I - I Other I
Iper 1000 PA
1 010 $ 58.757 $ .370 $ 110
DOl. FMI1S III - Cather)
IPer 1000 PA
1 010 $ 58.757 $ m $ 110
0020 FAAHS 121 - IOtherJ
Ip..r 1000 P,,"
2 012 $ 58.757 $ .370 $ 120
AU EMPLOYE:E BENEFITS LIllBILITY - 10thorl
Ir MY FLATCHG $ 20D
ALL Additional Interest: 4llll5O FLATCHG $ 1..15
FOrm Number CG2415
,,"U Additional Interest: 4llll5O $ 1.011O $ 11,_
Form Humber PGL2011
MINIMUM POUCYWRlTING PREMIUM $100 TOTAL PREMISES PREMIUM $ 142,1151
PREMIOI'I MINIMUM PREMIUM !::' TotAL PRODUCTS Plu!MiuM
PRODUCTS MINIMUM PREMIUM TOTAL ADVANCE Plu!MIUM " ..~_.
CPo-ItI (03 90)
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NOTICE TO POLICYHOLDERS
COMMERCIAL GENERAL LIABILITY
BROADENINGS, RESTRICTIONS AND CLARIFICATIONS OF COVERAGE
This notice has been prepared in conjunction with implementation of OOanges to your policy. It
contains a brief synopsis of the significent broadenings, restrictions and clarifications of coverage that
were rnade in each policy form and endorsement. Not all of the listed policy forms and endorsements
are likely to apply to your policy. This notice does not reference every editorial change made in these
forms and endorsements.
Please read your policy, end the endorsements attached to your policy carefully. Please contact your
insurance agentlbroker or PMA representative if you have questions.
BROADENINGS OF COVERAGE - COVERAGE FORMS
CG 00 01 - Commercial Genera' Liability Coverage Form (Occurrence Veraion)
CG 00 09 - awners and Contractors Protective. Liability Coverage Form
CG 00 33 - Liquor Liability Coverage Form (Occurrence Version)
CG 00 35 - Railroad Protective Liability Coverage Form
CG 00 37 - ProductalCompleted Operations Liability Coverage Form (Occurrence Veralon)
" The Supplementary Payments provision in these policies has been revised to Increase the
maximum daily payment for loss of eamings from $100 per day to $250 per day to more
adequately address the eamings of many [professions,
;
" In these policies, the definition of "suit" has been broadened to allow ~ insured the ability to
choose or participate (with the insurer's consent) in certain altemative dispute resolution
mechanisms.
CG 00 01 - Commercial General Liability Coverage Form (Occurrence Version)
CG 00 09 - OWners and Contractors Protective Liability Coverage Form
CG 00 33 - Liquor Liability Coverage Form (Occurrence Veralon)
CG 00 37 - Products/Completed Operations Liability Coverage Form (Occurrence Version)
. Several revisions have been made to Section II - Who Is An Insured in these policies to
acknowledge the existence of a new form of business entity known as the limited liability company
and by specifying members and managers of limited liability companies as insureds.
CG 00 01 - Commercial General Liability Coverage Form (Occurrence Version)
CG 00 09 - OWnera and Contractors Protective Liability Coverage Form
CG 00 37 - Products/Completed Operations Liability Coverage Form (Occurrence Version)
" The Contractual Liability exclusion In these coverage forms is amended to provide for the payment
of defense expenses, on behalf of an insured, as damages under bodily injury and properly
damage liability coverage, when the insured hIS assumed such a liability in an "insured contract."
PGL 50 10 05 96
Copyri[d1I, Insurlllce Services Onice, Inc., 19!15
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An il.mendment has been made to the Supplementary Payments provision in these policies to
provide for the defense of an indemnitee and the payment of an indemnitee's expenses as
Supplementary Payments if certain specific conditions are met.
CG 00 01 - Commercial General Liability Coverage Fonn (Occurrence Version)
CG 00 09 - Owners and Contractors Protective Liability Coverage Fonn
CG 00 3S - Railroad Protective Liability Coverage Fonn
.
.
An exception has been added to the Pollution Exclusion in these coverage fonns so that the
exclusion does n?t" apply to losses arising only out of the escape of fuels, lubricants or other
operating nuids resulting from the nonnal functioning of mobile equipment, provided the pollutants
esClllpe from the mobile equipment part designed by its manufacturer to hold such pollutants.
BROAQENI,...GS OF CQVERAGE . MI,IL TISTATE ENDORSEMENTS
CG 20 21 - Additlonallnaured -Volunteer Workers
CG 20 22 - Additional Insured - Church Members, Officars and Volunteer Workers
CG 20 30 - 011 or Gas OperatIons - Nonoperating, Working Interests
These endorsements are revised to acknowledge the existence of a new fonn of business entity
known as the limited liability company and by specifying members and managers of limited liability
companies as insureds,
.
.
.
. CG 20 32 - Addltlonllllnsured - Engineers, Architects or Surveyors Not Engaged by the
Named Insured
This new endorsement can be used by contractors to provide coverage for an architect, engineer or
surveyor (as an additional Insured) that they did not engage'directly, but that Ihey are, by their contract
with the project owner, required to add IS an Idditional in~ured to thalr policy.
. CG 2274 Amendment of Contractul Uablllty Exclusion for personal Injury Limited to
Fal.. Arrest, Detention or Imprisonment for Designated Contraela or
Agreements
The Contractual Uability exclusion contained in this endorsement is amended to provide for the
payment of defense expenses, on behalf of an insured, as damages under parsonallnjury coverage,
when the Insured has assumed such liability In a designated contract or agreement. Also, an
amendment has been made to Ihe Supplementary Payments provision in the underlying policy to
provide for the defense of an Indemnitee and the payment of an indemnitee's defense expenses as
Supplementary Payments if certain specifiC conditions are met.
. CG 22 aD - Limited Exclusion - Contractors - Professional Ulbillty
This enctorsement is introduced to limit the application of the exduslon of professional services
available In endorsement CG 22 43. For pollcie. to which CG 22 43 had previously been attached, the
attachment of CG 22 80 In its place will broaden coverage by D!!! excluding coverage for Ihe liability of
a contractor who both deSign and build. Ihe same project for others, regardless of whether or not the
design portion of the project is subcontracted.
POL 50 1005 ~
Copyrisht, Insurance Services Office:. lne" 1995
C.1223
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RESTRICT1QNS IN COVERAGE - MW. TISTATE ENDORSEMEm
. CG 21 52 - Exclusion - Financial Services
This new endorsement excludes, from the CGL policy, coverage for cartain liability exposures arising
out of the rendering of financial services, without infringing upon coverage for a financial institution's
conventional CGL exposure.
.
CG 21 53 - Exclu:!on - Designated Ongoing Operstlons
CG 21 54 - exclusion - Designated Operations Cove~d by A Consolidated (Wrap-Up)
Insurenca Progrsm .
These new endorsements exclude coverage for designated operation, when the designllted operation
is insured elsewhere or when the insured chooses not to insure a certain operation.
CLARIFICATIONS IN COVERAGE AND OTHER ED!T~IAL REVlSIQNS . COVERAGE
FORMS
All General Liability coverage fonns contain minor editorial revisions to provide for consistency among
polfcles. In eddition, these coverage forms have been revised to incorporate other various revisions in
order to clarify coverage. Those changes to each individual coverage form are described below:
CG 00 01 - Commercial General Liability Coverage Form (Occurrence Version)
CG 00 08 - Owners and Contractors Protective Llllblllty Coverage Fonn
CG 00 33 - Liquor. Liability Coversge Fonn (Occurrence Version)
CG 00 35 - Railroad Protective Liability Coverage Form
CG 00 37 - Products/Completed Operations Liability Coverage Fonn (Occurrence Version)
. These policies have been amended to clarify that an insurer investillates and settles claims, and
defends insureds against suits.
CG 00 01 - Commercial General liability Coverage Form (Occurrence Version)
. Paragraph 1.a, of the Insuring Agreement for both Coverage A - Bodily Injury and Properly
Damage Uability and Coverage B - Personal and Advertising Injury Liability Is revised to clarify the
intent under the Coverage Form !!2! to defend insureds when no coverage exists under the policy.
. A Pollution exclusion is added to Coverage B - Personal and Advertising Injury liability to clarify
the intent that damages resLilting from pollution Incidents are not and were never Intended: to be
covered under personal injury or advertising coverages under the CGL
. In addition to minor editorial changes, the Other insurance Condition in these policies is amended .
to specify that coverage is excess in situations In which an insured Is given permission to occupy a
portion of a building without the transfer of rent in the form of money if the insured has fire
insurance available to cover such loss.
,
. Paragraphs f, (2), and (3) of the "insured contract' definition in the Definitions Section have been
revised to update the list of professional services (fof archilects, engineers or surveyors) to
conform to standard industry tenns.
POL SO 100596
Copyright. Insurance Services ODice, Inc., 1995
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The Definitions section has also been amended in Ihese policies to clarify that the "products-
compleled operations hazard" definition only includes coverage for damages arising out of a
condition in a vehicle !l2!. owned or operated by Ihe named insured and to more clearty state that
products or operations that are subject to the General Aggregate Limit are excluded from
products-completed operations coverage.
CG 00 09 - Owner. and Contractors Protective Liability Coverage Fonn
.
. Paragraph 1.a. of the Insuring Agreement Is revised to clarify the intent under the Coverage Form
not to defend insureds when no coverage exists under the policy.
CG 00 33 - Liquor Liability Coverage Fonn (Occurrence Version)
. Paragraphs 1.a. of the Insuring Agreement is revised to clarify the intent under the Coverage Fonn
not to defend insureds when no coverage exists under the policy.
CG 00 35 - Railroad Protective Liability Coverage Form
. Paragraphs 1.a. of the Insuring Agreement is revised to clarify the intent under the Coverage Form
nm to defend insureds when no coverage exists under the policy.
CG 00 37 - Products/Completed Operations Liability Coverage Form (Occurrence Version)
. Paragraphs 1.a. of the Insuring Agreement is revised to clarify the Inlent under the Coverage Fonn
nm to defend Insureds when no coverage exists under the policy.
. Paragraphs f.(2) and (3) if Ihe 'insured contract" definition in the definitions Section have been
revised to update the list of professional services (for ,Irchitects, engineers or surveyors) to
confonn 10 standard induslry tenns.
. The Definitions section has also been amended in these policies to clarify Ihal the 'products-
completed operations hazard definition" only Includes coverage for damages arising out of a
condition in a vehicle not owned or operated by the named insured and to more clearty state that
products or operations Ihat are subject to the Aggregate Umit are excluded from products-
completed operations coverage.
CLA8Ia:JSADONS IN COVERAGE AND OTl:JER EDITORIAL REVISIONS -
ENDORSEMENTS
. CG 03 00 _ Deductible Lilbllity Insurence (CGL Ind Produela)
. CG 03 05 - Deductible Liability Insurance (Liquor)
These endorsements are revised to clarify Ihat it is the insured that is being defended aaainst a suit.
. CG 20 07 _ Additional Insured - Engineers, Architects or Surveyors (CGL)
. CG 20 31 _ Additional Insured - Engineers, Architects or Surveyors (OCP)
. CG 22 34 _ Exclusion - Construction Mlnagement Errors and Omissions
These endorsements have been revised to update the list of professional services contained in the
forms 10 confonn to standard industry tenns.
POL SO 10 OS 96 coPyright, Insurance scmces Office. 100,. 1995
C.1223
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CG 20 11 - Additional Insured - Man.lgers or Lessors of Premises
CG 21 36 - Exclusion. New Entiti,.
CG 21 37 - Exclusion - Employees as Insureds
CG 21 42 - exclusion - Explosion, Collapse and Underground Property Damage
Hazlrd (Specified Operations)
CG 21 43 - Exclusion - Explosion, Collapse and Underground Property Damage Hazard
(Sp.cified Operations Excepted)
CG 21 49 - Total Pollution exclusion Endorsement
CG 22 31 - Exclusion - Fldu'ciary or Representative Liability of Financial Institutions
CG 22 40 - Exclusion - fo1edlcal paym.nt. to Children (Day Care Centers)
CG 22 34 - Exclusion - Construction Managem.nt Errors and Omissions
CG 22 56 - exclusion - Injury to Volunteer firefighters
CG 22 57 - exclusion - Underground Resources and Equipment
CG 22 63 - Stevedoring Operations Limited Completed Operetlon. Coverege
CG 24 05 - Financial Institution. (Reporting Provision and limitation to Fiduciary Interest or
Rep.....ntatlve Interest)
CG 24 07 - Product. Completed Operation. Hazard Redefined
CG 2409 - Governmental Subdivision.
.
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(Thia lI.t ia continu.d on the n.xt page)
. CG 2411 - Flduclarie. - Fiduciary Interest
. CG 21 06 - Umltatlon of Coverage to Insured Premises
. CG 28 33 - VOluntary Clean-Up Costa Reimbursement
. CG 29 51 - Employment-Related Practice. Excl~lon
,
Various editorial changes have been made to these endorsements to make the language consistent
with those or other forms and endorsements in the CGL program and to ...fonnat for improved
readability.
. CG 21 40 - Coverage B - Person.lllnjury liability Only (Advertising Injury Liability Not
InClUded) (Occurrence Version)
In addition to other editorial changes, a pollution exclusion has been added to these endorsements for
personal injury liability to clarify that damages resulting from pollution Incidents are not and _... never
intended to be covered under personal injury coverage. Also, these endorsements have been
amended to clarify the intent under the underlying policy not to defend Insureds when no coverage
exists under the policy,
. CG 22 43 - Exclusion - Engineers, Architeela or Surveyors - Professlonlll Uability ,
Revisions have been made to this endorsement to clarify that it applies only to those Named Insureds
who are in Ihe business of providing professional services to others as an architect. engineer or
surveyor onl)', al well as to update the list of professional services contained in the form to confonn to
standard industry tenns.
POL 50100596
Copyrighl, InsurllJ1ee Saviees Onicc. 11Ie" t995
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CG 22 81 - Exclusion - Erroneous Delivery or Mixture and Resulting Failure of Seed to
Germinate - Seed Merchants (CGL and Products)
CG 24 18 - seed Merchants - Coverage for Erroneous Delivery or Mixture and
Resulting Failure of Seed to Germlnllta (CGL)
CG 24 19 - Seld Merchants - Coverege for Erroneous Delivery or Mixture (Resulting
Failure of Seed to Germinate Not Included) (CGL)
CG 24 20 - Seed Merchants - Coverage for Erroneous Delivery or Mixture and
Resulting Failure of Seed to Germinate (Products)
CG 24 21 Seed Merchants - Coverage for Erroneous Delivery or Mixture (Resulting
Failure of Seed to Gennlnate Not Included (Products)
.
.
.
.
The above new endorsements have been created to clarify the intent of the coverage provided under
the Seed Merchants classifications.
. CG 22 48 - Exclusion -Insurance and Related Operations
This endorsement has been modified to add additional activities thai may be perfonned by todays
insurence operations. Additionally, editorial revisions have been made for clarification and to improve
readability.
. CG 22 79 - Exclusion - Contractors - Professional Liability
This new endorsement is introduced to clarify the policy's coverage intent to exclude COV8l1lge for the
professlonalliabllity of a construction contractor who is acting in the capaclty of an architect, engineer
or surveyor or who has provided an architect, engineer or surveyor with professional services In
connection with wo~ perfonned.
. CG 28 05 - Personal Injury Liability
In addition to other editorial changes, a pollution exclusion has been added to this endorsement to
clarify that damages resulting from pollution Incidents are not and were never intended to be covered
under personal injury coverage.
. CG 28 07 - Principals Protective Liability Coverege
This endorsement is revised in order to clarify Ihe intent under this endorsement not to defend insureds
when no coverage exists under the policy.
POL so 1005 96
Copyright, hmJram:c Services Office, loe" 1995
C.1223
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COMMERCIAL GENERAL LlABIUTY
CG 00 01 01 96
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
lIarioua provillollllln lhie policy restrict coverage. Read the
enlire pqlcy carefuly to determine righbl. dutles and what
ill end ill not caVIlled.
Throughout thiI pqlcy the worda "you" and "your" reler \a
the Nam.d Ineurad Ihawn In the DacI.retiana. end any
oth. _n or organization quelifying .. a Namad
lneured undar th. pqlcy, Tha worde __: "UI" and "our"
reler to Ihe Company provlcllng IhIa Insurance.
The word "insured" mean. any peraen DI organizellbn .
qulllilylng .. euch under WHO IS AN INSURED
(SECTION II).
Othar words end ph_ Ihat appear In quotetian marks
hIVe lpecill m.anlng. RllIer to DEFINITIONS (SECTION
V),
SECTION I . COVERAGES
COVERAGE A. BODILY INJURY AND PROPERTY
DAMAGE UABIUlY
1. Inlurlnll Agreement
.. Wa wi pi)' tIl....auma Ihattlla lnaurad becomes
Iagaly oblgalad to pay .. damagea becauae of
"bodly lnJuJY" or "property damlge" to which tIlis
lneurane>> Ipples, We wi hlvtltlle right and duty
to dllIand tile insured agalnal Iny ".ull" aeaklng
thOle damagea, However, we wit have no duty to
defend tile Inlured Ig8lnll any "suit" leaking
damag.. fDl"bodily InJuJY" or "property dlmlge"
ta which lhia Ineurance do.. nat apply. Wa may
at our discrelion InYelligate any "accurranca" Ind
lalIIe any claim or "auft" that mlY result. But
(1) The amount we wiU pay for damag_ is
limited lIS described In LIMITS OF IN-
SURANCE (SECTION III): and
(2) Our right Ind duty to daland and when we
have uaedup tha Ippliclble Imll of
insuranca in tha paymant of Judgments or
aettlemanta under Coverages A or B or
medical expen... under Coverage C.
No olher obligation or Ualllily to pay luml or
perform acta or lervices . cDYIred unlas&
explicllly plOYldad for under SUPPLEMENT MY
PAYMENTS-COVERAGES A AND B,
b. Thill insurance IPplles to "bodily InJuJY" and
'ploparty damage" only if:
(1) The "bodly InJuJY" or "property damage" is
ca.-ed by an "occurrence" that takes place
in the "coverage terrIlDJY": Ind
(2) The "bodily InjuJY" DI "property dargge"
occurs durinlltlle poley p.riod.
c. Oamagaa beceuae of "bodily inJuJY" lncIuda
damages cIaImad by any parIOn or ClI'gIInIation
lor cara, r.... of 18fYIceI or aath reauIIln" at any
tlma 110m tIle"boc:Iily Injury:
2. Excluslonl,
This inlurance does not apply to:
.. Expecled or IntandecllnJuty
'Bodily inJuJY" or "pnlpelly dallllg8" 4Ilql<<-.J DI
Intended from tile atandpolnt of tIlelnlurad. ThIa
exclUaion d_ not apply to "badly InJUlY"
resulling from the IIlI8 of r_nlble Iorce to
prolad "'-118 DI ploparty.
b. ContrlClUal LIIb111ly
"Bodily InjulY" DI "property damllllll" for which tile
Inlured is obligated to pi)' damagea by .-on or
the ..umplion of hbiIIly In I contract Dllllrea-
ment. Thla excIualan cIoes not apply to .abilily .Ior
dama"..:
(1) That the insured would hlYllln tile ebunce
ollhe contrlct or Illretl111ent; or
(2) Assumed In a contract Dllllraemllflltllalla
In "inauled contract," pr~ tile "bodily
InJulY" or "property damage" occurs auD-
lequanlto tile execUllon of tIla c:anIrKl or
Igreemlnt SolaIV for Ihe purpoua onabllity
aaaumed in an "lnaurad contract,"
reasonable attornay f_ and nlCftAly
litigation expe_ Incurred by or for I party
olhll' tIlan an lnaured are deemed to be
damagaa beceuae of "bodily InJ uJY" or
"property damllla," provided:
(I) Llablily 10 auch party lor, or lor the co.!
of, that party'1 dlllenee h_ aU bean
_umed In tha ...... "lnaured contract";
and
CG DO 01 01 96
Copyright, InsuranB!I~c:es Qmc:e, Inc., 1994
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Ib) Such BIlomey lees and litigation
expenses are lor defenle of that party
against a civil or aftarnative dispute
rll8Olutlon proceeding in Which d&mfl\l8ll
to Which this in&llrance applies lira
lI.ged,
c. Liquor Liability
'Bodily injury' or 'property damage' lor WhIch any
lnaurad mey be held tiable by reason ot.
(1) CeUlllng or contributing \0 Ine inlolric:ation of
any penlon;
12) Tha furnillhinll of alcoholic bwerfl\l8ll to a
pe_n under the legal drinking ag. or under
the Inftuence of 81conol; or
13) Any Matula, ordnance or regulation rela1ing
to tha ..... gill, distribution or use of
alcoholic beverages.
ThiI lJIldullion eppl.. only W you era in the
buain_ of menuleclurtng. dislributing. selling,
..Ning Dr ful1)ilhlng alconolc beYarages.
d. Worllars' CompenAllon and Similar ...._
Any olllgation of tha ineurad under a worl<a,.'
compensation, d1NbIIIy benefita or unemploy-
ment compensation law or any elmlar law.
a. Employer's Liability
'Bodily Injury' to:
11) An 'employee' of tha Inaured erl8lng out 01
IIIId ill the COU188 ot.
(al Employment by tha Inlurad; or
(b) PBlformlng dutiea rlllaled to tha conduct
olthelnaured'e bualn...; or
(2) The spowa, cl1ld, paren~ brother Dr Water of
that '_ploy..' as e consequance of para-
graph (1) abbva.
Thle exclualonapples;
11) WhBtller lI1a Insurad mey b" labl" ee en
IIIIIpIoyar Dr In any other capecity, and
(2) To any obIgalion to &liar. damag.. with or
repay aomeon" e18. Who mUBI pay damag..
becaw. of lhalnjury,
This exclualon do.. not .ppIy to liabity _umad
by thalnsured under an 'insured conlnlel.'
f. Pollution
11) 'Bodily injury' or 'property damag.' sriBing
out 01 th. actual, alleged or threatened
diachlll'ge, dillperaal. _page, migration.
r8le_ or 1lIIC8p8 of poIutan..;
(al At or from Iny pramIaes, lite or location
Which ia or _ at any time DWl'\ed Dr
occupied blI. or rentad or Ioened to. IIIIl/
Inlured;
Ib) N. or Irom any pr_, aile or location
which ia or _ at any limB uaed by or
lor allY lnaurad or olhe,. for the
handing, atoraga, disposal, proceuing
or treatment of wale;
Ie) WI1Ich are or _ at any lime
lnlMpOrllIcI, handlad. Blared, trested,
dlspoaed of, or PRl~ .. wale by
or lor any Insured or any JHnOn or
organlzatlon for Whom you mey be
legally _ponllble; Dr
Id) At or from any ~. aile or loca1ion
on which allY lnaurad or any c:ontracto,.
or aubcontnlclo.. working clraclly or
IncllrBClly on Iny Inauracl'e behalf are
performing operatlona:
II) If the pollulanla are brought on or to
tha premlaaa. .... or location In
conneclion wIlIl ouch operatlona by
auch 1n8Ul*!, connclDr Dr aub-
contractor; or
III) If the operatlona ..a to taat lor,
monitor, cInn up, remova, con.
lIIn, treat, detolCly or nautrallza, or
In eny w.y r..pond to, or _
th. .- of poIutanla.
Subparagraph (d)lI) cIoae not apply to 'bodily
Injury' or 'property damage' arielng out of
tha aacapa of fuelll, Iubricante or other
operating lIuids, wl1Ich are needed to
perform tha normal IIlec:lrIcaI. hydnsulc or
mecl1anlcal funcllona n--'Y for lI1a
operationa of'mollla equipment" or Its parla,
W Buch fuelll, Iubrtcanlll Dr other oparallng
ftuida _pa from a Yllhlcla part daalgned to
hold. Blare or receive tham. TIlle ..pilon
do_ not apply lithe fu., Iubllcanlll OfolhBr
oparaling lIulda are InlenllDnally dlacIla1gad,
dispelBBd or ralened, or r BIich fuels,
Iubllcanl1l or olhar operating 1Il,iida .e
brought on or to the premlHa. . or
location with Intent to be diBchlrged,
cllsp8lB8d or r~ .. part of 111.
operllllona being performed by BUch murad,
CDntraclDror.ubcon~~
CG 00 01 01 I'
Copyright, Insurance Services Office, Inc., 1984
C-1223
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Subp8lagraphe (a) and (d)(I) do not apply 10
'bodily injury" or 'property damag." arising
out or heal, amoke or rumes from a hostile
fire,
As used It1 this exclusion, a hostile fir. means
one whiclh becomes uncontrollable or breaks
out from where ft _Intended to be,
(21 Any 108, COlt or expen.. erillng out or any:
(a) Request, d.m.nd Dr ord.r that ...y
ln8lIred or oth8lStnt for, monftor, cleen
up, ramove, Contain, treal, detolcify or
nelltnllke, or In any w.., reepond to, or
__ tha llII'ecta or polutants; or
(bl Claim or auft by or on beh.. or a
governm.ntal authority ror damllglS
beceua. or testing ror, monltollng,
c1....ing up, ramoving, cont81nlng,
traatlng, delollirylng or neutrlllzlng, orin
any WIlY responding to, or ...-Ing the
e1fec:la or polutan..,
Poluten" means any loid, iquld, II_Oua or
th.rm. Irrilent or conlllminanl, Including amoka,
vapor, .oot, tumes, acIdI, lllkelil. chemlclls ...d
wa.te. WnIe Includel metell. to be recycled,
reconditioned or r.clllimed,
g. Aircraft, Auto or Watercraft
"Bodly Injul)'" or "property d.mall." ariling out or
tha ownerahlp, meinten...c., u.. Dr entruatm.nt
10 oth... or any .rcraft. "auto" or WlIlen:rllll
owned or operaled by or rented or loaned to any
insured, Use Includes operation and "Ioadinll or
unloading.'
Thle excIullion does not apply to:
(1 I A WIIl8rcratt whHe ashore on premia" you
own or rent:
12) A watercrall you do not own th.1 ill:
la) L..- than 26leet long; and
Ibl Not being used 10 carry p...ona Dr
property lor a charge;
13) Parking an 'auto" on, or on the wtII'fS next to.
pll!mlses you own Dr r.nt, provided the
'.uto' Ie not own.d by Dr rented Dr loanecllo
you or th.lt1aur.d;
141 Uabllity I88Umed under any "insured
conlnltl" ror the ownership, maintenence Dr
use or Ilircrall or WIIlercrllll; or
15) 'Bodily injury" or 'property damage' arising
out 01 the openlllon or any of the equipment
llated In paragraph r.(21 or r.(3) or the
deftnillon or'moble equipment'
h. Mobile Equipment
'BodlIy Injury" or 'property dtIm.' arialng out of:
(1) The Inlnaporldon Df'mobk equipment' by
an 'auto' owned or op8l8tecl by or rented or
loaned 10 any iMllred; or
(2) The uae or 'mobile equipment' In, Dr whlIe In
practic. lor, or whle IMing prepared for, any
pr.."angecl racing, epeed. demoItIon or
stunting ec:lMly.
L War
'Bodily In)ury" or 'property d_.' due 10 war,
whether or not decllll'ed, or any act or concllion
incli;lant to wer. War Inl;ludea c:lYII war, inaur-
raction, rebellion or revolullon. Thla exclusion
appliel only to liabilly _med under a contract
or agreement
J. DlIl'118l1a 10 Pro...rty
"Plllperty damage' to:
(1) Plllperty you own, rant or occupy.
(2) Premlaas you eel, gNa -.-, or abandon, if
the 'property dam." arlaea out or any part
ofth08apremllea;
(3) Property IoIIned 10 you;
(4) PalSonal property In the cara, cuatoCly or
control of the inaured;
(51 That partlclllar pert or ra. property on which
you or any conlrecto.. or aubconnctofll
working dlractly or incliredly on your behall
IIr. performing operallona. ir the 'properly
damag." a_ out of thou operations; or
(II' Th81 perticular part or any property th81 must
ba retlored, rapaired or replecad ~u.a
'your_rk' _Incorreclly performed on It.
Paragraph (2) 01 thla axcIuslon does not eppIy II
tha pramlaas ara 'your _rk" and were naver
occupied, tanled or held for rental by you.
CG DO 01 01 96
Copyright, Insurance Services 0lllc8, Inc., 1994
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Pa".grapht (3), (4), (51 and (8) of this exclusion
cia not apply to labiily asaumed under a sidetrack
agreement
Plrlgraph (81 of this exclusion does not IPply to
"property damegl" Included In thl
"products-c:ompllted oplrationl h8Zllrd."
Ie. DaIMll. to Your Product
"Property damage" to "your product" eri8lno out of
it or any J>llrtoflt.
I. Dam8lll. to Your Work
'Property damage" to "your work" arilling out of it
or any J>llrt of it and included in the "produc15-
compl8led opel'ationl hlZllrd."
This llllClUlion doee not epply if thl damaged
VIIOrlc or tha worlc out of which the dlmagl erlaes
_ pefformed on your behllf by I
lubconlr_r.
m. Damlllle to Impaired Property or Property Not
Physically Injured
"Property dlomlge' to 'impaired property" or
PrOJ>llrty that haa not been phyalcelly Injured,
81\s1ng out of:
(1) A dIlfec:t, detlc:lency, Inacl8quecy or
dellg_ua condition In "your product" or
"your worlc"; or
(2) A delay or IaIklra by you or anyona acting on
your behalf to pllIfonn a conlrllCt or
ag_tln accordancI with iIa lIlrme.
TIlle exdueion do.. not epply to the Iou of use of
other property arising out of auelden and
IlCcIdenIaI pl\yllClll Injury to 'your product" or
")our work' allefil hee been. put to lie Intended
Ule,
n. Itecall of Products, Work or Impaired
Property
Oemegae dekned for any 1oIIe, coeI or EDCpenlle
;"cul!ed by you or othn for the loae of 11I8,
'Mlhdnlwll. rec:aI. i1epec:tion, repeir, repIIlCemenl,
IIdjll8lmenl, rerncMII or cIaposaI ot.
(1) "Your product';
(2) 'Your worlc'; or
(3) 'Impaired property";
If auell product, worlc or property is wlthdrllWl\ or
r8Cllled from lIIe marlcel or from u.. by alT'f
person or organization bece..e of e Icnown or
,~ defllcl, deficiency, Inedequacy or
dangenJ" condtion In It.
k I.~ _ J
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Exclusions c. through n. do not apply to dam8llla by
firl to premleae while ranled to you or tempereri)'
occupied by you with pennieelon of the owner. A
llparlJle limit of Ine\ll'llnce appi88 10 lhls coverage 85
deacribed i!1 UMITS OF INSURANCE (SecIion II).
COVERAGE B. PERSONAL AND ADVERTISING
INJURY L1ABnJTY
1. Inlurlng Agreement
.. Wa wi pay tho.. lIUmathat the inaured becomee
Iegely obligalecl to pay .. damagee because of
"peraonal Injury" or 'adwlrli8lng Injury" to whicII
thle IMuranca appiae, Wa wi hwe the right and
duty 10 dllfend the insured lIllalnet any 'aull"
_king IIIIl18 damag.. How_, we wi h_
no duty to defend the inaured agliM! any 'lIUil"
aeelcing . demagee for 'plmOIIaI Injury" or
'ldverli8lng Injury" to which IIlle lrIeuranca doee
not apply. Wa mey at our cIiIlcretion InvaeIigate
alT'f 'occurrence' or offenu end utile any claim
or 'ault' thel may reeult. But
11) Th. emount we wiI pay for damagee Ie
NmRed .. deIcrlbed In UMITS OF
INSURANCE (SECTION IH); and
(2) Our right and duly to defend end when we
have ..ed up the applcable Imlt of
IMUrance In the paymenl or Judgmente or
aelIIementa under Coverage A or B or
meclcal8lllp8nr.. u~r~C.
No other obligation or IabllIy 10 pay eume or
perfonn ac:lI or ..NIcee Ie -.d unl_
8lCPiclIIy prol/lcIed for under SUPPLEMENTARY
PAYMENT .coVERAGES A AND B.
b. Thia lneurance eppIee 10;
(1) 'Pereonal Injury" CIIUMd by an offaMe
ariaing out of your busI-. 8'lldudng
advertialng, publiehlng, tJro.dcaeting or
W-tIIIg clone by or for yoU;
12) 'Adverllalng InjUry" caused by en offen..
commllled In the coUl1l8of adveI1ieing your
goods, producla or eeMcee:
but only If the offen.. _ commtlled In the
'coverage I8rr11ory" during the poIoy period.
2. Exclusion..
Thle InllUl1Ince doee nol apply to;
I. "Pereonal injury" or'advarli8lng Injury": .
11) Arialng out of oral or wrItlen publc:ation of
m......" If dona by or elthe ~n or the
Insured with knowledge orb ~
CG 00 01 01 II
Copyright, Insurance SeMcn QfllC8, Inc., 1994
C-1223
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(2) ArisIng out of oral or wrillen publication of
materilll wtlose first publicetion took place
before the beginning of the policy period;
(3) ArisIng out of the willful violetion of a penll
statuta or ordinance committed by or with the
consent 01 the Insured; or
(4) For which the Inaured has _umed liabiity in
a contract or agreemenl Thill exclusion do..
not apply \0 liabiity lor damag.. that the
Insured would have In the abeence of the
contr8cl or egreement or
(5) Arioing out of the actual, "aged or
thr_ed diacharoe, d.perut, _page,
migration, relene or escape 01 poIutan~ at
any Ume.
b. "AdYertlllng Injury" erislng out 01:
(1) Breech of contrec:t, other then miNIppro-
pr1atlon of edY8ftiaingld_ under an impled
conlrllCl;
(2) The ra:ture 01 goods, products or servlc:ee to
conform with adY8ltised quaiit)' or
performance;
(3) The wrong deacription of the price of goocla,
products or eervicea; or
(4) An orrense commltled by en inJured who..
bUlln_ II eclYertilling, broadcasting, put>-
ishlng or telecaetIng.
c. Any 10.., cost or expense erising out claRy.
(1) Request, demand or order that any inaured
or othera test lor. mon.or, c1een up, remove.
conWin, !reel, delO>dfy or neurrallze, or in any
way respond to. or ass_ the elIecle of
poIutanta; or
(2) Claim or IU. by or on behalf of . govern-
mental IUthOrity lor damages because of
testing lor, monitoring, cleaning up, remov-
ing, containing. lreeting, detoldlying Dr
neutralzlnll, or in any wI'! responding 10, or
__Ing the eIIec:ts 01 ponutants,
Poftutanta means any IOld, Iquid, g"IIOUI or
thermal irritant or conlaminanl including amoke,
vapor, IOOl fumes. acids, alkalis, ch~ and
wasta. Wll8la Indudes materials 10 be recycled,
r..,..nditloned or reclaimed,
COVERAGEC.ME~ALPAYMENTS
1. Insuring Agreement.
II. We wi. pay medical expenles as described
below lor "bodly InJliry" cauled by en accident
(1) On premises you own or renl;
L_
"~~" ,..
"1iil:l~!lI~","-",_,
(2) On waya next 10 premises you own or rent
or
(3) Beceu.. 01 your operationl;
provided thlt:
(1) The accident lakes place In the "~ge
territory" and during the paley period;
(2) The IIlq)8IlHl are Incurred and reported to
us oMIhin one year 01 the date of the
ec:eIdenl; and
(3) The injured peraon lubmb \0 examination,
III our expenae, by phyelc:lMa of our cholca
.. oII8n.. _ _nably r.r.,
b. W. wi make th_ paym_ regtI~ of fault.
Th_ paymanta will not .xceed the applicable
irnIt of Inauf1lnce, We wi pay r.-a....ble ex-
pen-. for.
(1) Firat aid edminist.red III the time of an
accldent;
(2) Nee_I)' me~ aurglc:al, x-ray and denial
aenriclll, Inducing proalhatic dIMcea; and
(3) N8CIIIIU1)' ambulance. h~ prolesalonal
nuralng and funeral HnIIc:a.
2. Exclusions.
W. wi not PIIY IIlrplln_lot"bodiIy Injury";
II. To any IMured.
b. To a /l8f1IOn hired 10 do work lot or on behaW of
eny IlllIured or a tenant clany inaured.
c. To a peraon Injured on lIIat ~rt of prem... you
own or rant thlllthe pemln normally occup/eL
d. To a pereon, whether or nol III "employ.." of any
insured, if benelita lor tha "bodiy Injury" ata
payable or mull be provided under e workere'
compenaaUon or .....biIity banallta law or s a1mi1.r
law.
e. To e peraon Injured will. laking part in ethlatlca.
f. Included within the "producta-c:ompleted op-
erations hllZllrd:
g. Excluded under Coverage A.
h. Due to war, whether or not declsred, or any act
or condition Incident to wer. W. includes clYiI
war, insurrection, rebellon or nMlluUon,
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SUPPLEMENTARY PAYMENTS. COVERAGES A AND
B
We 'MIl pay, with respect Ie any claim we investigate or
settle, or any "suit" agaillllt an Insurad we defend:
t. AI exp8nt1es we Incur,
2. Up to $250 for cOllI of bail bands required becaull8 or
accidenlll or tr8lIic law violnon. arising out of the use
of any ""hlcIe Ie which the Bodly InjUry Uability
Cov__ge ep~. We do not have \l) furnish theae
banda.
3. The =-t of banda to rele_ etl8chmenlll, but only for
band amounla wIlhln tha ap,*,bIe imit 01 Insurance,
Wa do not have to fUmlllh these banda,
4. Nt r.....nable axpen... Incurred by thalnsurad 81 our
request to 8HiIIt ua in the investilll!ltion or defensa of
the claim or "suit," Including actuol toss of eaminll8 up
to $250 a day becaute of time of! from _11<.
5. PI cCllllll talced egalnat thelntlured in the "auit "
B. Prejudgment inlllrest ewarded ag'lnaI the Insurad on
thet plIrt.of the judgment we pay, II we make an D1f""
to pay ilia app/ic:abIe limit of Inaurance, we lMIl not rwr
lIfIY prejudgment Interest based on that period of time
after the oller.
7. AI interBlrl on the IuI amount of any judgment 11I81
IICl:f\IM ellar entry Dr the JUdgment and bafllN we
h... paid, oIIered to. P"Y, or depoaitad In court the
part of the Judgment that ia wtlhln the eppic:able Imlt
oflnaulllnce.
These paymenla oMlI not reduce the Imlla 01 insurance.
If we defend.. Insured llgainet a "suit" and an InclemnilH
of the lnaurecl ia _ nemed .. a plIrty to the "lUll," we wiI
defand th81 indemnllee II .. of the loIowinll conditione ..a
mat
L The "sur against tha Indemnitee allfllca damagea for
which the Insurecl h8lll _umad the liabiity 01 the
Indemnllee in a contract or agreement th81 .. an
-insured COlIInIc:f';
. b. Thia Intlurance applea to such liabiity ....umad by the
ilmlrecl;
Co The obligation tD defend. or the cost of the dam- of,
th81 IndemnilH, h_ allo been ....mad by the
Ineured In tha ..me "lnaurad contlllCl";
d. The lIIIegal/on8 in tha "elMl" and the Inrorrn8tion we
know about the "occurrence" are such th81 no conl\id
appll81l1 III a.t blIbrllllln the Intareata of the Intlurecl
and the Intereata of tha IndemnilH;
......;, ~
M~
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"'.'~ "_.....""...~l""-
a, The indemnitee and the Ineured ask us III conduct
and control the delen.. of that Indemnit... against
such "suit" and agree that we can assign tha eame
counsel to defend the inaured and the indemnn";
Ind
f. The Indemnitee:
It) Agr_ in writing to:
Ie) Coopllr.e with us In the in_gation,
_ement or delenee of the "auit";
Ib) Immadlelaly ..nd us coples of any damanda,
n~, aummontl81 or legal papers received
In connec:tion WIth tha "IUI\";
Ic) Notify any other IMurer who.. coverage Is
8Y811ablalll the Indemnilllll; and
Id) Cooperel8 with UI with reepect III coordi-
nating other applic::eble IllIUrenC8 evdable III
the indllmnllee; end
12) ProvidM UI with wrilIen authorization Ill:
la) OblBln recorda end other Information relel8d
to the -.un:-; and
Ib} Conduct and control the defenBe of the
Indemnllee In auch "auit."
So long .. the above conditions life met, attorneys tea
Incurrecl by UI in the defen.. of that lnd.mnllBe, rnri:oL.....,y
itigation llXpe_ Incurred by us and n-.y litigation
axpen... incurrad by the Indemnbe 81 our reqUBlrl wi be
plIid .. SupPemenlely Pe,menfa. NotwIIhooll...dng the
proviBiona of paregreph 2.b.(2) of COVERAGE A .
BOOIL Y INJURY AND PROPERTY DAMAGE LIABILITY
(Seelion I . Coverag_). auch paymenla wi not be deemed
to ,be demagee for "bodily InJury" and "property c1am8ll8"
and wi not reduce the ImllB of lnaurence,
Our olligation III defend an lnaurad'a Indemnbe IIfId to
P"Y for attorneys f_ end n-.ry ItigBtion 8lCplII1.... ..
Supplementary Pe,manta enda when:
L We h_ LI8ed up the eppliceble imit of lnaul8nce in
the payment of judgmenta Dr ......menta; or
b. The concllioM eat folth, above, or the terms of the
Igreement deacribed In JIII'8lII8ph f. above, life not
longer met.
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SECTION. . WHO IS AN INSURED
1. It you ara deslgnatad In the Declarations lIS:
L An incivldual, you end your spouse ara Insured&,
but only with respect to the conduct or a bu.in_
of Which you aretha aote owner,
b. A partnership or joint venture, you ara an insurad,
Your mambers, your pIIrtnal'l and their apoll8ell
ara al80 Inaurada, but only with r..peel to the
conduct of )'Our bulin_.
Co A limited leblllty compoony, you ere en Inaured, .
Your members ara al&o insurecll, but only with
reapect to tha conduct of your blllln.... Your
managers are Inaureda. but only with r..pact to
thelr dutlea _ )'Our managers,
d. An oflJllnization other than a partnership. Joint
ventura or limited Meblllty company. you ere an
InauNCI. YOllr 'elCecutlve oftleara' and directors
are lnaureclll, but only 1MIh respeel to thelr dutilla
as )'OlIr oftlcera or directors. Your atockholders
er. lIlso lnaurecla, but only with r..peel to their
IMlbiity .. stockholdera,
2. each of tha following ie lIlso an illlUrad:
.. Your .emplove.... oth.r than YOllr '_a
oIIlcers,' (If you ara an organization othar than a
pIIrtnership, joint ventura or limited labiIlly
company) or for your managers (W yoll ara a
limited lability company), but only tor aem wtthin
the acopa of their emllloymant by yoll or whIe
perfllrmlng dutiea related to th. condllct of )'OlIr
busin_. However, none of thes. 'employ_' ie
anlnauredfor.
(1) 'Bodly Injury' or 'perwonallnjury':
(a' To )'Ou, to your pIIrtn.ra or mambera (II'
)'Ou ara a partnel'lhip or joint ventur.),
to )'Our members (iI' you ar. a Imfted
lablity company), or to a co-'employe.'
While that coo..mploy.... is _h.r In the
COIIIH of hie or her employm.nt or
performing duties related to tha condllct
or your blllinesc;
(b) To the spous.. chUd. parent brother or
lister of that CO-'employee' .. a
consequ.nce of paragraph (1 )(a)
abov.;
(e) For which thera Is eny obligetion to
ahare dama~ with or repay IIOmeone
.... Who muat pay damag.. because of
thelnjllry deacribed In paragrepha (1)Ca)
or (b) above; or
Cd) Arising out of his or her PfOvking or
failing to provida prof_onel h.aIth
clue .ervicM.
J. n
1M"'" ~
~ flii\1lt,",;i
(2) 'property damage' to PfOperly.
(a, OWned, occupied or used by.
(b) R.nted to. in tha CIIre, custody or con-
trol of, or over which physic.I control is
being exercised tor any purpose by
you, any of your "emplayees' or, W)'Ou ara a
partnership or joint v.ntura, by any pIIrtner
or mamber,
b. Any pIIrson (othar than your 'employee'), or any
organization whila acting _ )'Our rMl _
manager.
c. Any person or organization having :PfOP8t
temporary cuatody of your PfOperty lf)'Ou de, but
only: ~.
(1) WIth _pact to labllly arIIInll out of tha
mlint.nance or use of that "",party; and
(2) Unll your legal rapr_ntalIva h_ been
appointed.
d. Your legal rapr............. W you dia, but only with
_pact to duti_ _ such, l11at r&pf UL, ,lwII".' will
h..,a .. your lighta and dutIea under this
Coveraga Parl
3. WIIh _peel to 'moblle aqUlpmant" regiAlrad In your
name und.r any motor vehlcla r..........""'" 1IIw, eny
petIIOn ie an lnaured willa driving auch equipment
along a pubic hIghw8y wlth )'0'" pet11lIMIrrn. Any
other peI80n or orll'lnlzallon t8IIpOIlIibla for tha
conduct of such pat1IOfl II aIIo an insured, but only
with respact to IiIIbIIly arillng out of the oparation of
th. equlpmant and only It no other Insurance of any
kind Ia .....bIB to that peI80n or orll'lnizallon tor thie
IillbiIity. H_, no plIfIIOn or organization Ia an
llllUr.d with _pact to:
a. 'Bodly Injury' to a _....ployu. of the plIfIIOn
driving tha equipment or
b. 'Property damage' to proparty ownad by, rented
to. in th. charga of or occupied by )'Ou or the
employsr of any parson who II an lnaured under
this provision.
... Any organization )'Ou newly 8Cquire or form, other
than a partntnhip, Joint ventunl or lmited lability
company, and aver which you mainllin own-"lp o,r
majority intet8St, wiI qualfy .. a Named Insured W
there ie no other aimlillr inaurence avaIIabIB to thlll
orll'lnization. H_: '
L Coverage under thIa provlllon Ia lIIforded only
unll the 90th day attar you acquire or form the
organization or the .nd of tha poley period,
whichever ie ..~ier;
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b. Coverage A do. not apply to 'bodily injury' or
'property damage' that occurrad before you
acquired gr fanned the grganiza1ion; and
c. Coverage B doell nCltapply to 'personal inJury' or
'advertiairtg injury' arising out of en olfenae
committed before yOu acquired or formed the
organization.
No pelaon or organizllliCln ia an insured with respect
to the conduct of any currant or past partnershlp, iolnt
venh.lre or Imaed lability eo_ny that is not allawn
aa a Named Insured In tha Dedarationa,
SECTION. . UMITS OF INSURANCE
1. The Umlla of InlUnlllce ahown in the Dec:lanlliona and
the ruIea below fix the RlOs! we 'Nil pay regardlesa of
tha number at: .
.. InlUrede;
b. Claims made or's.' brought or
C. P_na or organizationa making claims or
bringing 'aulla,'
2. The Gana Agglegate LimR is the mOBt we will pay
tar the aum ot:
.. Modcll expena.. Under Coverage C;
b. Damages under COYBI'BIJe A. excepl damages
because of 'boclily Injury' or 'property damage'
included In the 'ptoducts-complllled operllliona
hazard"; and
c. Damages undar COVtInlga B.
3. The Produc:ta.Compleled Operationa Aggregate Limit
is tha moat we wtI PlY under Coverage A for damagee
becauee ell .bodlly injury' and 'proparty damaga.
Included In the 'prOduclll-compleled operations
hazard.'
4. Subject to 2. aboYe, the Peraonel end Advarlillng
Injury Um. is \ha most we wi PlY under Covaflllle B
for tha sum of" damages because of all 'paraonal
Inlury' end a. 'acNerti8lng injury' auatainedby anyone
. parson or orpanization.
5. Subject to 2. or 3. above, whichever applies, the Each
Occurrence LImIt is the moat we wiI pay for the aum
ot:
.. Damages under CQverege Po; anel
b. Mediclll expenMB under Coverage C
be"".... of .. 'bodiy Injury' and 'property demage'
arising out of any one .occurrence,'
~
- diN~
.,~~'. ~" ::-' ~ =~ """"'''-''%._''"".i'-
~.............
~~
8. Subject to S. above, the Fira Damage Umil is \he
most we \Nil pay under Coverage A for damagee
because of 'property damllge. to premises, whlIe
rented to you or temporarily occupied by you with
parm_on of \ha owner, arising out of anyone fire.
7. Subject to 5. aboYe, the ModC81 Expanse Umit is the
moat we wtI pay under Cowrage C for aI medcal
BlCpen&K because of 'bodiy Injury' auatained by any
ana person,
The UmIIa of Inauranco of this Coverage Perl apply
aeparately to each consllClltiwl annual period and to any
remaining period of '- than 12 mQntha. "'rlIng with the
baglMing of tha policy period shawn In tha Declarations,
u"'- tha policy peIlod ia llIUnded aIler iaauanco for an
adliIionlli period of .... \han 12 mantha. In that -. the
adliIional period v.1I be deemed part of the I8at prec:eding
period lor purpoees of determining the UmIIa ollnaurence,
SECTION IV . COMMERCIAL GENERAL LlABIUTY
CONDmONS
1. Bankruplicy.
Bankruptcy or Inaalvency of the i.....red or of the
inaured's eatate will not relielIe ua of our obllgationa
under thle COVeragll Part
2. Dullea In The Event Of OCCur_, Offlln..,
Claim Or SulL
.. You must _ to it thll_ ue notified .. 800n ..
pr8c1icablll of en .occurrenco. or en ollense
which may r....1t In e clllim. To the _t
poaeIbIa, notice should Include:
(11 H_, when and where the 'occurrence' or
011_ took place;
12) The nam.. and eddr_ of any injured
paraona end wItn_ea; and
131 The naturll end Iocetion Qf eny injury or
damage arising out of tha .occurrence' or
olflln...
b. If a claim Ie m.de or -atil" Ie brought againat any
insured, you mual:
(1) Immediately record \ha apeclftcI of tha claim
or -.ur end the dale received; and
121 Notify III .. soon .. practicable.
You muat _ to It that we recalve written notice
of the claim or 'au\t" .. soon .. prllC1k:ablll.
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c. You and any other Involved insured must:
(1) Immediately send us copies of any damands,
notices, summonses or legal papell received
in connection lI'o'ith the c:llIim or 'suit";
(21 Authorize ue to obtain records end other
Information;
(3) Cooperllle lI'o'ith US in the inveetigetion,
MIllement Of cIefense 01 the cIlIim or 'auK';
end
,4, AaIoIl ue, upon our request, in the
enforcement of any rightllllalnat eny pallOn
Dr organizlllion which mey be lable to the
Insured because of Injury or damege to
whlcl1 thle Ineurance may allo epply.
d. No lnaurecll wi, except et their own coet,
voIunl8riy meke a paymant, a..ume any
oblgation, or Incur any axpense, othar than for
ftra! aid, v.ilhout our conunl.
3. Legal ActIon Agelnel Us.
No .peraon or organization haa e righl under this
ClMl"'ll8 Psrt
.. To Join us . e party Dr otharwille bring us Inlo a
'sull" aaIclng for damagee from an ineured; or
b. To.ua ua on thll eo_age Part unl_ .. of ita
terms h.... been fuIy complied lI'o'ith.
A person or organllation mllY lue ua to recover on en
egreed MIllaman! or on a final Judgment egainal en
insured obtainlld all8r an actual trial; but _ wiI not be
labla for dam_ thaI ar. not payabla under tha
tanns oIthll Cova"'ll8 Part or that are in IICC8A of the
applicable Imlt of insurance. HI egr88d let1Iement
means a MIllement end r"'e 01 tiebiily signlld by
us. the Inaurlld and the claimant or the claimanfa legal
repr_n18tive,
4. Othar Insur.nce,
If other valid and coleclible Insurance is available to
the insured for a 10.. we cover under Covar_ A Dr
Bof this ClMlrege Pert. our obligations are imKIId as
followa:
.. Prlm.ry Insur.nce
Thil insurence is primary except when b. below
applies, If thll Insurance is primery, our
obligations lIf1I not affacted un.... .ny of the
othar Insurance II allo primary. Then, We \M1I
""sra with all thst other insurance by the malllocl
dllllCribad in c. below,
b. Excesa InsuTllnce
Thll Insursnce II __ over any of the other
insurance, whether primary. -=-. contingent or
on any other baM:
(11 That is Fire. Extended C_age, Buider'a
RIek, InataIIetIon Risk Dr aimillr COWflI\J8 for
.your work-;
(21 That Ie Are lnaurance for prem... ranted to
you or l8mporariy occupled by ~ou with
penn_kin of the owner; or
(3) If the loA ..... out of the maintanence or
UI8 of aircrelt, '~ or wah.cml to the
_t not .ubjact to ExdusIon g, of
Coverage A (SecliDn I).
When thll insurance iI __, _ wi h_ no
duty under ClMlrage A or B to defend the
Inaured egllinlt eny .1U1l" r eny othar .Insurar h_
a duty to defend the inIured agalnsl: \hat ......., If
no othar Insurer def.nds, _ wi undlHl8lce to do
so, but _ wiD be antill8clto the Insurecre IIghla
agalnat.. thll88 othar Insurera.
When thll lnauranca Is _ over olher
inaur.nce, we wi PlIY only our &here of the
emount 01 the 1018, r any, \hat _. ,de the .um
of:
(1) The lDt8I amount \hat .. euch other
Insurance woulcl PlIY for the loA in the
.beence of thI8 insurmIcle; and
(2) The lDt8I of .. deductible and M1f-lnsurad
amoun. under" \hat other In8Urence.
We wi shera the ramelning 1018, if eny, with .ny
othlll' Insurance \hat iI not cleecnbed in thiI
Exc_ Insurance provielon end _ not bought
specifically \0 epply in _ 01 tha UmIla of
Insurence .hown in the Declaratione of thIe
Coverlllle Pert
c. Method or Sharing
" al of the othar ineurence permill conlribulion by
equ81 sheree, _ wiI follow thll method also.
Under this epproach each . insurer contrlbutee
equel amounta untillt h_ paid III epplceble ImIl
of Insurance or nona Dr the loA remains,
whlch_ coma lira!.
If eny of. the other' IlllIurance does nol permK
contribution by aqual &heree, we wi contribute by
irnlla. Under thll method, each Insurn lIIere is
baaed on the ratio of lie epplceb1e lmil of
Insurance \0 the tol8I epplicable' Imlll of
Inaurenee of 8IIlnsurera.
CG 00 01 01 96
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5. Premium Audit
a, We wiA compute lIlI premiums for this Coverage
Plrl in accordlnce with our rules and rales,
b. Premium shewn in this Coverage Part IS
advance pntmlurn 18 8 dtlposn pramlum only, At
tIIa claH of eaell IUcil period we wlM compute
tha Ilrned premium for that period. Aucil
premiums Ire due and payable on notice to the
fnl Named Inaured, If the aum 01 the advance
and audn premiums peld lor tile poliey period 15
greater than the earned premium, WI wi! ralurn
the exc_1ll the ft* Nemed Insurad.
Co The ft* Nemed Insured must keep records of
the lnforrnalfon WI need lor premium
compul8tion, end send us copias at such times
.. WI mil)' raqu..t
II. Representatlona.
By accepting lIIIa poley, you egree:
a. The _emants In the Declarations are aceurete
and complllle;
b. Those a1atemenla are based upon repre-
lenlatione you made III us; end
c. We have laauad thle poley in r.ence upon your
r.esenl8tions.
7. Separation or Insureda.
Except willi rllpl'lCt to the Umilll 01 Insurance, end
any rlghta or dutiea specifically _gnad in lllie
Coverage Perl III the first Nemed Insured. IIIIe
Insur...ca eppliea:
a. As if each Named lneured were the only Named
lnaurad; and .
b. Separately to ..ch Insured egainct whom c;\oIim Ie
made or...... Ie brought
II. Transfer Of RIghts Of Recovery AgaInst Others
ToUa.
II the Insurad h_ righm to recover all or pert 01 .any
payment WI hllVll mlllle under thie Coverlge Part,
those righla ara tranaferred III us, The inaured must
do nolhlng triter 10.. III Impair them, At our requ_
the lnoured wII bring ",ull" or tran"'er those righla to
IlII and help llIIenforce them.
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9. When We Do Not Renew
If we clecide not to renew thlo Coverage Part, we wiI
mlM or deiyer to the Int Named Insured ahewn in lIIe
Declarations wrIItan notice of lIIe nonran8W81 not less
than 30 day& belorethe expiration dlIle.
If notice 10 mailed. proof of malin; wII be 8Ulficient
proof of notice,
SECTION V .DEFINmONs
1. "AdverWlng Injury' meana injury ariring out 01 one or
more ollheloltowlng offen..:
L Orll or written publication 01 mlterill that
"andere or _ a penon or organization or
chpa'-ll- e paraon'l or orllanizBllon'e gooda.
produclo or ..nric_;
b. Orll or writtan publcetlon of mlllerill thet vi_
I pallOn's right or priylIcy;
c. Miaappropriation of advertising ia. or ~ of
doing buain_; or
d. Infringement 01 copyright, title or lIIogan,
Z. . Auto' meana a land motor vehicle. trailer or lemitraler
deIlgned for lraYIIl on pubic roads, Incluclng any
allacfled machlnery or equipment But "lIllo' does not
indudtl"mobile equipment"
3. "BodIy injury" means bodly injury, wc:kn_or......
aullleined by e paraon, inclucln" death _ulllng from
any oIth_ at any time.
.. "Coverogl terrIlllry" meana:
a. The United States 01 America (including iIII
terrlloriea and p C ooeAlone), Puerto Rico and
Clnada;
b. Intermlllonal wale.. or e1rapace, pnlvided the
Injury or dalMge doea not occur In the courae of
tr_ or tranaportatlon to or from any piece not
included in &. above; or
c. Aft peltl oIl11e world if:
(1) The injury or damage lIJilIea out of.
(el GoodI or produclo made or aoId by you
In Ihelenllory deacribecl in L ebove; or
CG 00 0101 K
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(b) The activities of a pellon who"" home
ill in the tenitory descrlt>ed in L aboye,
but ill JlWtt'f for a ahort time on your
bullinesa; and
(2) The insured'. responsibilly to pay damagee
ill determined in a .auK' on Ihe merits, In the
tenitory daacrlbed In ., above or in a
HlUeme/1twelgfee to,
5. .Employee. Includes a .leased worker.. .Employee'
do. not Include a .temporary worker,.
II. .Executiv. omcer" m..... a pellon holcllng .ny olth.
officer poe/tIona created by your chart.r. conSlitu1lon,
by-I_ or any olller aimlar goyerning document
7, "Implliled property" mana tangible pnlperty, other
thllft "your product" or "your woil<,. thlll cannot be
...ed or ill 1_ uqful beceu",,:
L It Incorpor..- .your product" or "your work" thlll
ill known or thought to be defective, defICient,
in.dequate or dangerous; or
b. You h... f1'.iIed to lullilthe lerma of a contrect or
agreement;
if such property cen be restored to use by:
L Th. r.pair, replacement adjustment or remoyal
of .your product. or .your work"; or
b. YOllr fulllllrog lIIe terms of the contr8CI or
.greement
a. "Insured contract" means;
L A contrKt for a lease of premises, However, lIIat
portion of the contr.ct for e I.... 01 pr.milea 11I11I
indemniflee eny pll"",n or org.nlzation for
damage by fire 10 premfses whOe rented to you or
temporarily occupied by you willi permission 01
the owner Ie nolan .Insured contracl";
b. A sidlllrllCk agreement;
c. My easement or Iicen.e agreement exc.pt in
connectlon with con.lruclion or demolition
operations on or Y\oiIhln 50 feel of a ra"road;
d. M obligation, BS required by ordinanc., 10
Indemnify a munlcipaily. except in connection
with work for a municlpeflly;
.. An alevator malnlenance .greem.n~
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f, Thill part of any olhar contract or agreement
pertaining to your busin_ (inclucing an
indamnlficatlon of . municipellly In connection
with work performed for a municipality) under
which you _ume the tort IIItlIiIy of another perty
to PII)' for "bodily Injury" or "property damage. to a
IIIlrd person or organization, Tort IabIIIly means a
liability thlll woukl be Imposed by law in the
a~ence 01 any contract or .greement
Paragraph f, dOBS not Include 11I11I part of. any
contract or agreement
(1) That indemnili_ . relroed for"bodIy Injury"
or .PtOperty damage" 8IleIng out of
conetruction or demoitlon opellltioM, within
50 feet of any ralroad pnlperty end elfecling
.ny r_oed IHtdge or trlIIatIe, tracka, roed
beda, tunnal. un~ or croeeIng;
(2) That Indemnlfi. en archltllCf, engIn_ or
aurveyor for injury or c1emege erieIng out ot.
(a) PreparinQ. approving or faing to
prepare or approve mapa .hop
drawings, opinio.... .-ports, IUI'IWYS,
field or..., ch.nllll Drdera, drawings
and lpeclficetiDna; or
(b) GivIng direclione or Inelructiolll, or
felIng to give them, r that is lIIe primary
....... of III. InJury or demeg.; 01'
(3) Under which III. Inaured. If WI archllect,
engln_ or .ulVlIyor, ....m. liabifty for
Injury or damage eriling out of III. insured's
rendering or felure to render profeuionef
..rvic... Includlnlllll... IMed In (2) above
and IUparvillory, lnapec:llon Dr engineering
ectlYltiea,
9. .L....ed worker" mel", a peraon leeeed to you by .
labor IeeaIng IIrm undO( en egreem.nl between yoll
.nd the labor leasing firm, to pedorm dullea reIaIad to
the conduct 01 your bueln_. "L_d worker" does
not Include a "temporary worker,-
10. .Loaeling or unloaclng. means the handing of
property:
e. After It Ie moved from the piece wh_ II is
accepted for moyement Into or onto en eircrell,
walercraft or -eulo.;
CG 00 01 01 86
Copyrighl, Insurance Service. Qffice, Inc" 1994
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Pege 11 of 13
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b. Whle n is in or on an aircrett, watercraft or "auto';
or
c. White ft is being moved from an aircrall,
watercraft or 'auto" to the place where ft is finely
delivered;
but "Ioeding or unloading" does not include the
movement of property. by maans of a mechanlc8l
dBYice, othar than a hand truck, that is not aIlached to
the alrcrall, WIIl8rcnlfl or "auto."
11. "Mobie equlpmenr means any of the followlng types
of lend vehlclee. Including any attoched machinery or
equillment
.. Bulldozers, farm machlnary, forldinB and olhar
V8hlcl_ designad for use princlpelly off public
roeds;
b. Vehicle8 maintained for uoe solely on or next to
pram_ you own or rent
c. Vehicles Ihat tnlVel on crewler treads;
d. Vehicles. wh8lher iI8lf-propelled or not,
maintained primarly to provide mobil\y to
perman enVy mounted;
(1) P_ crenes, ahovel8, loadelS. diggelS or
driIo;or
(2) ROIId con8tlUCllon or resurfacing equipment
ouch.. g,..,., ocrapel'8 or roDel'8;
e. Vehicl_ not delc~bed In L, b.. c. or d. abcMl
that a18 not aeIf.propelled and ara maintained
prlmarty to provide mobllit)' to permanently
eltached aquipmant of the folowing typ81:
(1) IVr comprllMOl'8, pumpe and g8/Hfl'8la...
Including apreylng, welding, bu~dlng
cleani'lg, gaolJ/lyolcel exploration. ighting
and W1lIIaeNlclng equipment; or
(2) Cherry picke.. and simMar dllYic'" used to
raiee or lower workers;
f. Vehlclee not de&Cribed in L, bo. c. or d. aboYe
maintained primariy for purposes other Ihen the
transportation of pereo... or cargo.
H_r, soli-propelled vehlclea with the
foIowing typee of permanantly attached
equipment ara not'mobia equipmanr but wII be
conaldared .aut....:
(1) Equipmant designed primarily for:
(a) Snow removal;
(b) R~ maintenance, but not coMtJUction
or raeurf8Clng; or
(el Street cleaning;
(2) Charry plekera and simlar d8'<licea mounted
on BoUtomoblle or truck chlllltlie and used to
rIIIee or lower workers; and
.
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(3) I>Jr compr-.o.., pumpe and ganerators,
including apnoying. welding, bulking
cleaning, geop/lysic:al exploration, ighting
and weI1aarvlcing equipment
12. "Occurrence" meana an lICcklent, including
continuous or repealed llXpOlUre to aubstantially the
..me general harmful conciliona,
13. 'Parsonll Injury" means Injury, oIher than 'badly
injury; anaing out of one or mora of the fallowing
011_:
L F.o arrollt. detention or irnprioonment
b. Molciouo pr...ecutlon;
c. Tho wrongful e'IIclion from, wrongful entry Into, or
invaelon of tha right of private occupllncy of 11
room, dwoIIng or prem... that a poraon
occuplos by or on behalf of Ita owner, Iendlcrrd or
lessDr;
d. Orol or _n publcetion of material that
olenders or ~beIs a peIIlOn or orgllnlzetion or
DlIplIlIlg.. a pereon'. or organization'll gooclo,
produc18 or .-vices; or
e. Or. or _ publicelion of materiel that ~
11 person'. right of pny.cy.
14. "Produc:\l8-cOmploted o.....lItIoM hllZllrd":
L Includel III "bodily Injury" and 'proporty damage'
occurring --r from premia.. you own or rent
and ariBlng out of "your produc:r Dr "your WOlle'
except:
(1) Produc18 Ihat we alii In your phytllcel
po......n;or
(2) Work thllt haa not yet bien completed or
abandoned. HlIW8IIllr, "your work" wi! be
dettmocl completed at the eerleol of the
folowlng ames:
(a) Whan" of tho work caled for in your
contract hIlS been completed.
(bl When II of the work to be done at the
.tie haa beon compleloclll your contract
CIllo lor work et mora than one Job .,
(el When lhet pert of the WOlle clone at a
Job lite haa bean put to .. Intanded lI88
by eny penoon or orgMlzetion other
then another contractor or 'IUbcon-
Il'IIcIor working on the aame project.
Work that may need aeNtce, mali1tenance.
conection, rapalr or rapll C 1IIl8Ilt, but wllich II
otherwlae complete. will be trolled .. completocl.
CG 00 01 0111
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e'1223
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b. Does not Include 'bodily injury" or 'property
<hImage' arillng out 01:
(11 The trensportation or property, unl_ the
injury or damage arises out of a condition In
or on a vehicle not owned or operated by
you, and the condition w_ crealed by the
'Ioading or unloading' althet vehicle by any
Inaured;
(2) The existence ollools, uninstaled equipment
or abllndoned or unused mater.; or
(3) Procluc:l1l ar operation. for which the
daailiC1ltlon, hied in the Ooclarallon. or in a
policy echedule, statae that PfOducle-
completed aperations are subject to the
General Aggregate Umit..
15. 'Property damlllla' maans:
.. Physlmd Injury to Ianglble property, including at
resulting I.... of use of that property. AI auch lose
af use ""aU be deemed to occur althe time of the
physical injury thBl caused It; ar
b. L.... of use of tanglbla property that is not
physlcaAy Injured, AI such lose of us. .hat be
de.med \0 occur at the time of the 'occurr.nc.'
that CIIused it.
16. 'Suit" means a cIYI PfOceeding in which damagea
b.""use 01 'bocIIy Injury; 'PfOperty dal1\lllle;
.p.....nlll injury" or -advertising injury" to which this
insurance appi.. are IIII.ged. 'Sun'lncluclea:
a. M arbftralion PfOceeding In which such dama"..
are claimed and to which you must IUbmit or do
submit wi1I1 our consent; or
b. MY other an.rnalive dispute resolution pro-
ceedin" In which .lICh damages are claimed end
to which you submit wilh our consent
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17. 'Temporary worker" m.ans a per.on who . furnished
to you to subctilute for a pennanent 'amploye.' an
leav. or 10 meet seaaonsl or shall-term WllIlcJaad
con<itions.
18, 'Vour PfOduct" means:
a. Any goods or praduc:l1l, oth.r than r.1I property,
manulactured, said, hanclecl, d~lributed or
cliapoled 01 by:
(1) Vau;
(21 Others trading under your name; or
(3) A pe....n ar organlzootion wh.... buain_ or
IIU8la you hlMl acquired; end
b. Containers (other th.n vehicles), materia, parts
or equipment furnished in connection wi1I1 such
lJOO~ or products.
"Your product" includ..:
.. Wall'lllltleeDl're.._","IiDI.m_atenytme~
respect \0 the f1ln-. quIIIily, c1u11lbity, perforrmnce
ar uee oI"yaur procIuct" and
b. Th. prOlllding of or lailur. to prolllde _minll" or
instructlona.
"Your prodUct" do.. not Include lianding macllin.. or
ather "",perty renled to or located far the .... of
others but not 1OIcI,
111. "Yaur work' means:
a. Work or aperBtia.. performed by you or an your
behalf; and
b. Materiala. parts or equipment furnillhed in
connection with such work or operations,
-Vour work" Includes:
a. W8II'8IIIiee or ~ ~ atenytmewilll
respect 10 th. Mn_, qlllllly,' ckIrabIIV or
pedormance or use of'yourwork'; and
b. The providing of or '.Kure to PfOvide _mings or
instructions.
CG 00 01 01 96
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COMMERCIAL GENERAL UABIUTY
CG 22 43 01 96
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
EXCLUSION. ENGINEERS, ARCHITECTS OR SURVEYORS
PROFESSIONAL LIABILITY
This endo.lSlIlment modilles Insurance provided under the following:
Cor.wlERCIAl GENERAl LIABILllY COVERAGE PART
The following exclusion is added to paragraph 2.. Exclusions of COVERAGE A - BODILY INJURY AND PROPERTY
DAMAGE UABtUTY (Seelion I - Coverages) and paragraph 2., exclusions of COVERAGE B - PERSONAL AND
ADVERTISING INJURY UABILITY (SBclion 1- Coverages):
This insurance does not apply to "bodily Injury," "property damage," "personal Injury" or "advertising Injury" arising
out of the rendering or failure to render any professlonel services by you or any engineering, architect or surveyor
who Is either employed by you or performing work on your behalf In such capacity.
Professiona' servtces Include:
1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, raports, surveys. field
orders, change orders, or drawings and spedflcations; and
2. Supervil;ory, Inspection, architectural or anglneerlng actlvltles.
CG 2243 0196
Copyright.lnsuranl!:l~ces Qffice, Inc,. 1994
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COMMeRC~LGeNeRALL~BrUTY
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
ADDITIONAL INSUREDS BY CONTRACT, AGREEMENT OR PERMIT
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following provision Is addad to SECTION 11- (Who Is an Insured),
5. Any person(s) or organization(s) (hereinafter called "Addilionallnaured") with whom you aoreeln a
WIltlen construction contra,ct to name as an Insured 15 an Insured with respect to llabilily arising out
of ongoing operations performed by you or on your behalf on the pro! ect specified In the
construction contract, .including acts or omissions of the Addllionallnsured In connection with the
general supervision of such operations. This insurance applies on an excess basis unla.. Ills
required by the written contract, agreement or permllthat thi& Insurance apply on a primary basis.
However, the Insuranca provided to Ihe Additional Insured does not apply to:
a. "Bodily injury: "property damage: or "personal injury: occuning after:
(1) All work, Including malerials, parts or equipment furnished In connection with such
work. on the project (other than service, maintenance or repairs) to be performed
by or on bel\alf of the Additional Insured at the 8Ile of the covered operallons has
been completed: or
(2) That portion of "your work" out of which the injury or damage arises has been out
to its intended use by any person or organization other than another contractor
subcontractor engaged In performing operations for a principal as a part of the
same project. .
b. "Property damage" to:
(1) Property owned, used, or occupied by Dr rented to the Additional Insured:
(2) Property in the cara, custody, or control of the Additional Insured or over which tha
Additional insured is for any purpose exercising physical control; or
(3) "Your work" for the Additional Insured.
c. "Bodily Injury: "property damege: or "personal injury: arising out of the rendering of or
failure to render any "professional services" for you or for others.
The fOllowing definition Is added to SECTION V (Definitions):
"Professional Services" means services which were or should have been rendered by an architect, engineer
or land surveyor in the practice of their profession, including but not limited to:
1, Preparing, approving or falling to prepare or approve maps, drawings, opinions, reports,
surveys, change orders, deslgns or specifications; or
2, Giving directions Dr instructions, or failing to give them if that Is the primary cause of the
injury or damage,
1
PGL 2011 (1/95 Ed,)
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THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
ENDORSEMENT
.
powey NO. 829700-33"3-74-4
~ncm.nt o~ Fir. D&III&g'e Liabi1.ity:
Th. Fir. D.....g. peril on ~01tllL CG0001, C_rci.1 General. Liability
Coverage Fa...., Section ttt, it_ '6 i. broadene<l to inclu.. ~c:i~i.cl
peril. "hic:h inc1.uc:le ~i"", lig'htening', ezplo.ion, wincllltoza or hail,
amak., _~rcr&~t or vehLcl.., r~o~ or c1v~1 Co.motioD, v&Dda1~sa,
1.a"a9. f'rom f'ir. _Unll\li.hilllJ -.qui_"t, ...iqbt of' ."0", ;1._ or
.l..t and ..at.r damag..
flP27 GL 01
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ENDORSEMENT
.
POUCY NO. 82970ll-3U3.70J..4
Amendmant o~ Bo41ly Injury De~~n~t1on:
Th. dolf'in1tion of' "Bodily :Injury" on form CQOOOl. C_rciaJ. GeneraJ.
Liability Coverage rO%a, Section V, it_ '3 i. _ndecl to include
_nt:al. &Jl9Ui.b, _nt.al. injury, .boalt or ~ri!lbt that ....u1.ta f'r_
bociil.y .I.njury.
AP27 GL 02
Page 1 of 1
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, DESIGNATION OF PREMISES SCHEDULE
PI:NNSYLVANtA MlUItIFACTUlU:RS' ASSOCtATtON INSURJ\NCJ: COMPANY
POLICY NO. 829700-33-63-74-4
ISEE APPROPRIATE POLICY PROVISIONS FOR COVERAGES APPLlCABLEI
PREM BLDG DESIGNATED PREMISES
NO. NO. (ADDRESS CITYSTATEI OCCUPANCY
0001 0001 OFFICE
1001 SOUTH FRONT STREET
STEEL TON, PA 17113-3047
0001 0002 SCALE HOUSE
1001 SOUTH FRONT STREET
STEELTON, PA 17113-3047
0001 0003 STORAGE
1001 SOUTH FRONT STREET
STEELTON, PA 17113.3047
0001 0004 OIL STORAGE
1001 SOUTH FRONT STREET
STEELTON, PA 17113-3047
0001 0005 TIRE STORAGE
1001 SOUTH FRONT STREET
STEELTON, PA 17113-3047
0001 0006 REPAIR SHOP
1001 SOUTH FRONT STREET
STEELTON, PA 17113-3047
;
0001 0007 DRY PLANT SCREEN SECONDARY CRUSHER
1001 SOUTH FRONT STREET
STEELTON, PA 17113-3047
0001 0008 PRIMARY JAW CRUSHER & STEEL DUMPING STAT
1001 SOUTH FRONT STREET
STEELTON, PA 17113-3047
0001 0009 SCREEN BLDG SUBSTATION TRANSFORMERS
1001 SOUTH FRONT STREET
STEELTON, PA 17113-3047
0001 0010 SORTING & DISCHARGE BINS
1001 SOUTH FRONT STREET
STEELTON, PA 17113-3047
0001 0011 WASH HOUSE & SAND CLASSIFIER
1001 SOUTH FRONT STREET
STEEL TON, PA 17113-3047
0001 0012 COMPUTER CONTROL PANELS FOR ASPHALT PLAN
1001 SOUTH FRONT STREET
STEEL TON, PA 17113-3047
CPD3 (03 90)
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DESIGNATION OF PREMISES SCHEDULE
l'ENNSnNANIA MANUFACTURERS' ASSOCIA'l'ION INSURANCE CCHPANY
POLICY NO. 829700-33-63-744
(SEE APPROPRIATE POLICY PROYlSIONS FOR COVERAGES APPLICABLE)
PREM BLOG DESIGNATED PREMISES
NO. NO. 'ADDRESS, CITY, STATE) OCCUPANCY
0001 0013 BARBER GREEN ASPHALT PLANT
1001 SOUTH FRONT STREET
STEELTON, PA 17113.3047
0001 0014 BOILER & ASPHALT TANKS
1001 SOUTH FRONT STREET
STEELTON, PA 17113-3047 '
0001 0015 GREEN LAB TRAILER
1001 SOUTH FRONT STREET
STEELTON, PA 17113-3047
0001 0016 YELLOW BLOG
1001 SOUTH FRONT STREET
STEELTON, PA 17113-3047
0001 0017 BOX TRAILER INCL GENERATOR
1001 SOUTH FRONT STREET
STEELTON, PA 17113-3047
0002 0001 MAIN OFFICE
205 CREEK ROAD
CAMP HILL, PA 17011-7417
.
0002 0002 ADDITION TO MAIN OFFICE
205 CREEK ROAD
CAMP HILL, PA 11011-7417
0002 0003 SERVICE PIT
205 CREEK ROAD
CAMP HILL, PA 11011-7411
0002 0004 MAIN STONE HOUSE
205 CREEK ROAD
CAMP HILL, PA 11011-7411
0002 0005 LUNCH ROOM & STORAGE
205 CREEK ROAD
CAMP HILL, PA 11011-7417
0002 0006 STORAGE/RECORD VAULT
205 CREEK ROAD
CAMP HILL, PA 11011-7411
0002 0007 STORAGE & OUST COLLECTION SYSTEM
205 CREEK ROAD
CAMP HILL, PA 11011-7411
0002 0008 METAL CLAD SCREEN PLANT.
205 CREEK ROAD
cPD3 (0390)
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DESIGNATION OF PREMISES SCHEDULE
PENNSYLVANIA MANUFACTU'Rl:RS' ASSOCIATION INSURANCE CaG'ANY
POUCY NO. 829700-33-63.74-4
'SEE APPROPRIATE pOLICY PROVISIONS FOR COVERAGES APPLlCABLEI
PREM SLOG DESIGNATED PREMISES
NO. NO. (ADDRESS CITY STATEI OCCUPANCY
CAMP HILL, PA 17011-7417
0002 0009 TERTIARY CRUSHER
205 CREEK ROAD
CAMP HILL, PA 17011-7417
0002 0010 SECONDARY PLANT
205 CREEK ROAD
CAMP HILL, PA 17011-7417
0002 0011 TRANSFORMER
205 CREEK ROAD
CAMP HILL, PA 17011-7417
0002 0012 PORTABLE CRUSHER
205 CREEK ROAD
CAMP HILL, PA 17011-7417
0002 0013 METAL STORAGE BLDG
205 CREEK ROAD
CAMP HILL, PA 17011-7417
0002 0014 CIRCULAR ASP HAL T PLANT CENTRAL & OFFICE
205 C~EEK ROAD ;
CAMP HILL, PA 17011-7417
0002 0015 LAB TRLR
205 CREEK ROAD
CAMP HILL, PA 17011-7417
0002 0016 STORAGE
205 CREEK ROAD
CAMP HILL, PA 17011-7417
0002 0017 FRAME GARAGE
205 CREEK ROAD
CAMP HILL, PA 17011-7417
0002 0018 ASPHALT PLANT
205 CREEK ROAD
CAMP HILL, PA 17011-7417
0002 0019 ASPHALT PLANT #4
205 CREEK ROAD
CAMP HILL, PA 17011-7417
0002 0020 ASPHALT TANKS
205 CREEK ROAD
CAMP HILL, PA 17011-7417
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DESIGNATION OF PREMISES SCHEDULE
PENNS~LVANIA MANUFAC'rURI:RS' ASSOCIATION INSOP.ANCI: CCloa'AN1'
POLICY NO. 829700-33-63-74-4
lSEE APPROPRIATE POLICY PROVISIONS FOR COVERAGES APPLICABLE)
PREM SLOG OESIGNATED PREMISElI
NO. NO. lADDRESS.CITY STATE) OCCUPANCY
G002 0021 CHAIN UNK fENCE
205 CREEK ROAD
CAMP HILL, PA 17011-7417
0002 0022 205 CREEK ROAD
CAMP HILL, PA 17011-7417
0003 0001 DISPATCH HOUSE
1300 HUMMEL AVENUE
LEMOYNE, PA 17043.1745
0003 0002 REBAR STORAGE
1300 HUMMEl. AVENUE
LEMOYNIO, PA 17043-1745
0003 0003 AUXILIARY SHOP
1300 HUMMEL AVENUE
LEMOYNE, PA t7043.1745
0003 0004 REPAIR SHOP
1300 HUMMEL AVENUE
LEMOYNE, PA 17043-1745
0003 0005 MIX PLANT ,
1300 HUMMEL AVENUE
LEMOYNE, PA 17043-1745
0003 0006 CEMENT STORAGE
1300 HUMMEL AVENUE
lEMOYNE, PA 17043-1745
0003 0007 MIX BUILDING
1300 HUMMEL AVENUE
LEMOYNE, PA 17043-1745
0003 0008 STORAGE BLDG - BULL PENS
1300 HUMMEL AVENUE
lEMOYNE, PA 17043-1745
0004 0001 POND PUMP
ROUTE 34
MOUNT HOLLY SPRINGS, PA 17085-9999
0004 0002 OFFICE & SCALE HOUSE
. ROUTE 34
MOUNT HOLLY SPRINGS, PA 17065-9999
0004 0003 SHOP BlDG
ROUTE 34
MOUNT HOLI. Y SPRINGS, PA 17065-9999
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DESIGNATION OF PREMISES SCHEDULE
PENNSrx.VANIA MANUrACTl1lU:RS' ASSOCIATION INSURANc:J: ca.n>ANr
POUCY NO. 829700-33-63-74-4
'SEE APPROPRIATE POLICY PROVISIONS FOR COVERAGES IIPPI..ICAIlLE'
PREM BLOG DESIGNATED PREMISES
NO. NO. lADDRESS, CITY STATEI OCCUPANCY
0004 0004 WASH PLANT
ROUTE 34
MOUNT HOLLY SPRINGS, PA 17065-9999
0004 0005 STORAGE BLDG
ROUTE 34
MOUNT HOLLY SPRINGS, PA 17065-9999
0004 0006 SWITCH HOUSE
ROUTE 34
MOUNT HOLLY SPRINGS, PA 17065-9999
0005 0001 JAW CRUSHER
LOCUST POINT QUARRY
LOCUST POINT ROAD .
SILVER SPRING TS, PA 17575-9999
0005 0002 ASPHALT PLANT
LOCUST POINT QUARRY
LOCUST POINT ROAD
SILVER SPRING TS, PA 17575-9999
0005 0003 SHOP BLDG ,
LOCUST POINT QUARRY
LOCUST POINT ROAD
SILVER SPRING TS, PA 17575-9999
0005 0004 SCALE HOUSE
LOCUST POINT QUARRY
LOCUST POINT ROAD
SILVER SPRING TS, PA 17575-9999
0005 0005 ASPHALT PLANT CONTROL TRLR
LOCUST POINT QUARRY
LOCUST POINT ROAD
SILVER SPRING TS. PA 17575-9999
ODDS 0006 OFF TRAILER/LAB
LOCUST POINT QUARRY
LOCUST POINT ROAD
SILVER SPRING TS, PA 17575-9999
0005 0007 STORAGE/OFFICE TRAILER
LOCUST POINT QUARRY
LOCUST POINT ROAD
SILVER SPRING TS, PA 17575-9999
0005 0008 PORTA9LE CONCRETE PLANT
LOCUST POINT QUARRY
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DESIGNATION OF PREMISES SCHEDULE
PENNSYLVANIA NlWUFACTURElUI' ASSOCIATION INSURANCE COMPANY
POLICY NO. 829700-33-63-74-4
ISEE APPROPRIATE POLICY PROVISIONS FOR COVERAGES APPLICABLEI
PREM BLOG ~ESIGNATED PREMISE:,
NO. NO. ADDRESS CITY STATE OCCUPANCY
LOCUST POINT ROAD
SILVER SPRING T5, PA 17575-9999
0005 0009 LIQUID ASPHALT STORAGE TANKS
LOCUST POINT QUARRY
LOCUST POINT ROAD
SILVER SPRING TS, PA 17575-9999
0005 0010 STORAGE GARAGE
LOCUST POINT QUARRY
LOCUST POINT ROAD
SILVER SPRING TS, PA 17575-9999
0006 0001 STORAGE
LIMEKILN & SPANGLERS
MILL ROAD
FAlRVlEW TS YORK, PA 17070.9999
0007 0001 AIRPLANE HANGER
CAPITAL CITY AIRPORT
NEW CUMBERLAND, PA 17070-9999
0008 HOLL YHURST TRAINING CENTER
LION ROAD & LADNOR LANE ,
MOUNT HOLLY SPRINGS, PA 17065-99~9
0009 HANGER GROUP C IN HANGER 4 AREA
CAPITAL CITY AIRPORT
NEW CUMBERLAND, PA 17070.9999
0010 HERTZLER FARM
LOWER ALLEN TS, PA 17011-9999
0011 OYSTER FARM
FAIRVIEW TS YORK, PA 17070-9999
0012 HARBOLD FARM
FAlRVIEW TS YORK, PA 17070-9999
0013 DILLER FARM
FAIRVIEW TS YORK, PA 17070-9999
0014 BURCH FARM #Z
FAIRVlEW TS YORK, PA 17070-9999
0015 BURCH FARM #4
FAIRVlEW TS YORK, PA 17070-9999
0016 SPRINGERS LANE
ROUTE 11 & 15
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DESIGNATION OF PREMISES SCHEDULE
PENNSYLVANIA MANUFACTURJ:Rs' ASSOCIATION INSUlUollCIC COMPANY
POLICY NO. 829700-33-63-74-4
ISEE APPROPRIATE POLICY PROVISIONS FOR COVERAGES APPlICABlE'
PREM BLDG DESIGNATED PREMISE:,
NO. NO. IAIXlRESS, CITY STATE OCCUPANCY
NEW CUMBERLAND, PA 17070-9999
.
0017 SPRANGLERS MILL ROAD
LOWER ALLEN TS, PA 17011-9999
0018 DICKENSON TS
TOLAND, PA 17324-9999
0019 18TH & HUMMEL AVENUE
lOWER ALLEN TS, PA 17011 -9999
0020 MIDDLESSEX TWP.
CARLISLE, PA 17013-9999
0021 YORK COUNTY, ALONG TURNPIKE
NEW CUMBERLAND, PA 17070.9999
0022 25 NORTH ENOLA ROAD
ENOLA, PA 17025-9919
0023 NEAR PA TURNPIKE
SilVER SPRING TS, PA 17575-9999
0024 lR767 ,
SUSQUEHANNA RIVER
LEMOYNE, PA 17043
0025 STEEL TON QUARRY ROAD
OLD 283
SWATARA TS DAUPHIN, PA 17057-9999
0026 SPANGLERS MILL & LIMEKILN ROADS
FAlRVlEW TS YORK, PA 17070
0027 VALLEY LAND CORP.
EAST PENNSBORO TS, PA 17025-9999
0028 MACUNGIE TWP
ALLENTOWN, PA
0029 DICKENSON TWP
TOLAND, PA 17324
0030 MORRISON FARM
RT34
MOUNT HOLLY SPRINGS, PA 17065
0031 WAGGONERS GAP ROAD
PERRY COUNTY, PA
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ENDORSEMENT SCHE[i)ULE .
PJ:NNSYllVANIA MP.NtlFACTtlRJ:P.B' ASSOCIATION INSURANCZ COMPANY
POUCY NUMBER: 8%9700-33-63-74-4
INTERUNE FORMS
CPDZ (03 '0'
POI31 (0111)
CPD3 (ll3 101
ILOO2111 M
IL a17211 n
IL a2 4101 II
.LOI 10a1l1
f'lJF 02 U 10 M
Common Polley DecI...Uon.
Endorsement.. Additional Nwned Inaur.d
0......11011 Dr Pr....... Schodulo
NucIu. En.....y LI.blllty Exc'",,1on Endon.m.nt (Bro.d FDml)
Penn.yl..nl. Cho.g..
P.nnlyl..niI Ching.. . Clnelll.tlo. & R_wol
Ponn.yl...1I Nolle.
He.vy Tradlt Contractors Endoraernent
PROPERTY FORMS
CPD4 (03 10)
CPOU. (03 10)
CPOIB (03 10)
CPD4B (03 10)
CP 00 10 08 II
CP 00 at 01 II
CP 00 10 0111
CP 001007 ..
CP 10 30 ...1
CP .. 13 1010
CP1211 (01111'
Comme.clll Property Declo._.
SUP\lI_nhl' Cfln'mOn:'"' Property D.cla.lIlDn.
Eac.pllDnl to Cammon:I.1 Property D.c
St.......nt of Vllue.
Building Inol Pa.."",,' Properly Co.or~. Form
Bu.In...I_ Covongo Form (And E..... Expen.l)
Exlr. Eapen.. COVIf_ Form
eammen:lo. Properly Condition.
Ca"... 01 L_ . Speclo. Form
T...lhIe. _
LoI. Payable Pro.I.Ion.
i
GENERAL UABIUTY FORMS
CPD15 103 101
CPIM' 103 10)
CG 00 01 al JJ
CG22Ual "
GL32 111111)
P70111aUl,
PGL 20 11 01 95
AP27 GL 01
AP27 GL 02
AP27 GL a3
CG2412 (11/111
CP2411 (a1111'
PGL3070 (1011"
Comme,clIl Go_al Uablllty OOcl...tlo..
Comnwrcl.1 Genel'lIl UlbllU:, Schedule
e........,cIaI G_.' Uablllty Co..rllle Form ,Occ"rrence)
Exclusion - Engtnll!!~r., ArcIIltltCts or Surveyors Prof. Llab.
Cfln'mO.clll Go_el Uablllly _.to. Eacl"'\o. Endo.--nont
Employment - Relltod Practice. Excl,,"1on
Addlln.ureda B, Contrlct, Agr......t
Ame.dmenl 01 FI.e OImage Lllblllty:
Amendment 01 Bacllly '.J"" OOfinltlon:
Contractuel Lllbilil, - Railroad.:
Bolt.
Limited Pollution Liability Exlen.lo. Endor......nl
Employ.. Benelll. Llabillly In.urlne.
INLAND MARINE FORMS
CPD7 (D3 ID'
CM 00 01 Oil.
P3f
PlM 00 35 DEC Dl II
Common:lollnlanlll M.rIno Decl.ratlo..
Conwnerciallnl.nd M.rin. CondltiDns
Nolle. to Pollcyholdoro IPlM003I)
COlltroctoro Equipment Cover.go Ole
P9998
Page 1 Df 2
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ENDORSEMENT SCHEDULE
Pl:NNSrLVA!UA HllNUFAC'1'I1IIERS' ASSOCIATION INStlMNCJ: CONPANI
P.OUCY NUMBER: 829700-33-63-74-4
PIM DO 31 01 ..
PIM 3110 01 ..
P30
PlM DO 3D DEC 01 ..
PIM DO 3D 01 ..
PlMU 10' 101
Al'27 1M 01
AP7.71M 02
APa7lM D3
Contr.etoro Equipment Co_.go Form
W.lllhl 01 L~ Elt.nllon Endor_t
Nolle. to Policyholder. (PlMOO3D)
Electtonlc Dolo Procllllnll COYlr.DI Decl.r.llon
Elect,,,,,lc Doll Proceulng Coylroo. Form
Lo.. Poy..... P,OYUIIon
Lo.. P.y..... P,ovlolo...:
Conl,octor. Equl....nt Ccwer.g.:
Addnlonol Acqulm P_rty:
Boiler and Machinery Forms
(see page 3 or the Boiler and Machinery Declarations Page)
P9998
Page 2 of 2
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1m.;> """UVI'i..;>t:IVII::I'41 I.on~rH:Jt:;) I Me t'UL.I~T. t'L.t:;A:::it;, Kt:AU If l,;AREFULL Y.
O'~~'$N'
ENDORSEMENT
POUCY NO. 82970D-33-&3-7.....
1,
ADDITIONAL NAMED INSURED(S) ENDORSEMENT
SILVER SPRINGS CONSTRUCTION CO,
VALLEY LAND CORPORATION
2.
P0538 (01 SS)
Page 1 of ,
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,HEAVY TRADE CONTRACTORS ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUILDING AND PERSONAL PROPERTY COVERAGE FORM
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
POLICY NUMBER:
829700-33-63-74-4
EFFECTIVE DATE:
03101/1997
SCHEDULE.
EXTENSIONS
PROPERTY:
Newly Acquired Dr Constructed Properly-
Buildings
Business Personal PIOperly
Recharge of Fire Protection Equipment
Arson Reward
Eleelronic Oata Processing Eqllipment and Media
Extra Expen.e
Buldel'll' Risk and Installation Floater
LIMIT
OF INSURANCE
Up to
Up to
ZNCLUDED
$ 10,000
Bee t"oz:a PIM0030DZC
. 25,000
$ 50,000
$1,000,000
$ . 500,000
GENERAL LIABILITY:
Properly Damaga Liability in Your Care. Custody or Control
,
Medical Paymenta
Aggregate Limits of Insurance
Liability for Damage Caused by Fire, Explosion, Smoke,
Lightning and Water Damage Legal Liability
Broedened Coverage forWalercrall You Do Not Own
$ 5,000
$ 10,000
Per project
INCLUDSD
t1D to 50 feet
The following Extenslons are included on a combined Blanket Limit of Insurance basis. unless olherwise specified.
BLANKET LIMIT OF INSURANCE
OR
Individual Sublimlt Buls Applicable
$
250,000
(X I
Personal Elfects and Property of Othem
Properly Olf-Premises
Outdoor Property
Employee Tools
Unscheduled Fine Arts
Accounts Receivable
Valuable Papers and Records - Cost 01 Research
Back-Up of Sewer. and Drains
* Information required to complete this SCHEDULE, il not shown on this endorsemenl will be shown In the Declarations,
The above ElCtensions may be subject to Special Oeductibles or other coverage limftaUons, PIe... read the entire
endorsement lor complete explanation of the cove'ilges.
.
.
,
Se. form P~035DEC
.
I
PPF 02 35 (1 Ol!l4 Ed.)
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The lollowing changes apply to the Building and
Personal Property Coverage Form as specified,
Covered Cause 01 Loss, we \IIIiI1 pay up
to $5,000 for your Habiity for fire
department service charges,
A. COVERAGE
(e) Fences, paved sUlfaces;
c, The last paragraph of item d. Pollutant
Clean Up and Removal is delated In ita
entirety and rej:llaced by the folowing:
The most we will pay under this
Additional Coverage for each dllllCribed
prem... ill $25,000 for the eum 01 aI
covered lllCpel1S8S erislng out of
Covered Caus.. of loea occurring
during each leparate 12 month period
01 this poI1cy,
1, Paragraph 1, a. (3) is deleted in its entirety and
replaced with theloftowlng:
(3) Outdoor Fixtures, including but.. not im~lOCI
to:
(b) Outside Hghting fixtures; or
(c) Signs.
(I) Lawn maintenance or snow removal
equipment not attached to en auto.
d, Thelolowlng item e. ill add-.l to this Section:
e. Proof of Loss Preparation Coveraoe
We will pay up to 51,000 to covw the
cost of conducting an Inventory
appralsel, edjuslment and preparation 01
loss Information In ccnnection with IIIIY
loss covered undar thle po>>cy. We will
not pay for the services of a pubic
adj uslar,
6. P8IlIgraph 5. Coverlllle Extensions Ie deleted In
its entirety and replaced by tha following:
2, The following CoverlOCl Property sre added to
paragraph 1.a Building:
(2) (d) Foundations,
(4) (e) Alarm. communication and mon~oring
systems; and
3, The first paragraph of ~em b. Your Business
Personal Property is delated in Its entiraty and
replaced with the lolowing:
5. Covarlllle Extenstons
b, (2) Only lithe Iou or damaga
occurs VlIithln 30 dov- alter tha
property is first moved,
Except .. otherwise prOYlded, the
folloVlling Extensions apply if a
CO;""Uf8nce percentllge of 80% or
mora Ie shown In the Property
Dedarations to property located in or on
the bu.cIIng described In the
Declarations, in the open, or in e vehicle
within 1,000 faet of the described
premises:
L Newly Acquired or Constructed
Property
(1) You mey IllCtendthe
Insurance thllt applies to
Buiking to eppIy to:
(e) Your new buldings while
being bull on the'
described premiseS;
(b) Buldings you acqUire at
location.. other than the
described premises,
intended for.
(1) Simflar use IS the
bulding described in
the Declarations; or
(ii) Uae _ a warehouse,
b. Your Bullinns PelllOnal Property located in
or on the buYding d8llcribed in the
Declarations, in the open, or in a vehicle
within 1,000 leet of the described premises.
consisting 01 thelolowing unless otherwise
specified in the Declarations or on the Your
Business Personal Property. Separation of
Coverege form:
4. SubparagraphS f" g" and m, 012. Property Not
Covered are delated In their entirety,
5. Section A. 4. Addlllonal Coverages
a, Subperagraph (2) of item b. P,..erva_ of
Property is deleted In its entirety and
replaced by the Iallowing:
b. The first paragraph of ~em c. Fire
Oepertment Service Charge Is deleted in
its entirety and replaced with the following:
When the fire dapartment is caled to
save or protect Covered Property from e
PPF 02 35 (10194 Ed.)
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. The most we wil pay for losa or
damage under this Extension is
25'" of the Limn of Insurance for
Building shown in the Oedarations,
but not more than $1,000,000 at
each buiding,
the extent 01 the owner's finsncial
interest of the property,
The COINSURANCE Additional
Conation does not apply to Personal
Eflecta and Property of Oth8lS,
(2) You may extend the insurence that
applies to your Busin_ Penlonal
Property to apply to thai property at
any location you acquire other than
at fairs or exhibitions,
A Special Deductible of $250 per
occurrence applies to this mension.
c, Property O1f.premls..
The most we will pay for Iou or
damage under this Extension.
25% of the Umn 01 Insurance for
Your BUllness Personal Property
shown in the Declarations, but not
more than $500,000 at eech
building,
You may mend the insurance provided
by thle Extension 10 apply 10 your
Covered Property elCdudinll money,
securities or other negotiable
instruments, while this property Ie Wnt'J
from your premises deacribed In the
Property Declarations, in tranlllt or
otherwise.
(3) Insurance under this Extenoion for
each n&\My acquired or constructed
property will end when any of the
folowing first occurs:
The most we wiI pay under _nsion c.
is described in the SCHEDULE of this
endorsement.
(e) This policy expires:
(b) 180 days expire atle< you
acqUire or begin to construct
the property; or
The COINSURANCE Additionlll
Condition does not apply to Property
OfI.Prem_.
A Special Deductible of $250 per
occurrence appliell to this axlen.,n.
(c) You report values to UI,
d. Outdoor Property
We wil charlie you additional premium
lor values reported from the date
construction begins or you acquire tha
property,
You may 8Xlend the insuranCe provided
by this Coverage Form to apply to your
Irees, sIIrubG, and planlll (other than
"stock" of treee, ehNblI, or planlll),
Ineluding debris removal expenses,
caused by or resulting from any of the
following causes of Iou:
b. Pel50nal Effects and Property or
Other.
You may extend the insurance that
applies to Your Business Personal
Property to apply to:
(1) Fire:
(2) Ughlning;
(1) Personal eflects owned by you,
your ollieers, your parlnelll or your
employees, This extension does not
epply to 10.. or damage by theft
(3) Explosion;
(4) Riot or CM! Commotion; or
(2) PelSOnal Property of others in your care,
custody or control.
(5) Aircraft.
The most we wiil pay for loss or damage
under extension b, is described in the
SCHEDULE of this endorlement,
subject to a lublimn 01 $2,500 lor eny
one perSon'llosl In any ona
occurrence, Our payment lor loss or
damage 10 personal property of othenl
wil only be to
The most we wi! pey for 10M or damage
under extension d, is described In the
SCHEDULE of Ihis endorwemenl
The COINSURANCE Adational
Condition does not epply to Outdoor
Property,
A Special Deductible 01 $250 per
occurrence applies 10 lhilextension,
PPF 02 35 (10194 Ed,)
c; , ?liS I
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(a) AJJ amounts customers owe
you but you are unable to
collect;
(b) Interest charges on any loan
raquired to Dffset amDun'" you
are unablalD collect pending
our paymant of these amounts;
(c) CoIlaction 8)(p8flses in exe_
of your normal colection
expens..thai ara mada
nee_ry by loa; and
(d) Othar reaonabla expenses
thai you incur to re-establish
YDur records of account.
receivabla,
(2) Covarage dDes not apply to records
of account. receivable in alDrage
_ frDm tha desclibed prem....
shDwn In the DeclaratiDns,
(3) If you give Us wrilllll notice within
10 daya of remowl of your records
of account. recaIvabIa becausa of
imminent dan"", of 10.. or damage,
we wiJ pIl)' far loa or damage thai
results from a Covered CaUll8 of
lo.. whlathey ara:
(a) M. a ""a place temporally
_ frDm your prem.....; or
(b) Being taken to and raturned
frDm thai place.
This remOY8i extension to the
AccDunts Raeaivebla ExlenlllDn is
included within tha Umil of
Insurenee applicebla fa Accounts
Rae_bla Coverage althe
described premia'" from whlclllhe
records of eccounta receivabla .ra
removed.
(4) WhlllllYer you ara not open for
bullln... and except whle you ara
actualy ulllngtha records, you must
keep" rllCords of accounta
IlIClIivableln filly ancloaed matal
receptacles lit the described'
premiaes aIIown In the
Declarations.
(5) AdditiDn" ExdUlllDns
We will not pay for Iou or damage
caused by or resulting from eny of
the follov;lng:
e, Empl~yee Tools
YDU may e>:lend the insurance that
applies to Your Business PeMlonal
PrDperly tD appiy tD emplDyee tools
while in your care, custOdy and eDntrDI.
The most we wil pay for loss or damage
undef thla EldensiDn Is dneribed In Ihe
SCHEDULE Dflhis endDreemenl,
subject to e sublimit Df $2,500 fDr any
Dne person's 10.. in any Dne
occurrence, Our payment fDr lOllS Df Dr
demege ID tools Df employees will Dnly
be to the extenl Dfthe financial inlerest
Df the owner of the properly.
The COINSURANCE AdditiDnal
Condition does nol apply ID Employee
TODIs.
A Special Deductible Df $250 per ,
Dc,:"rrence epplies ID this exlension,
f. Unaclleduled Fine Arts
The insurance that applies to YDur
Businllllll Personel PrDperly is extended
to eppIy to Dbjects ofert, arlgl...
windows, antique or periDd fumiture,
and oilier items tIIal have erlialic merit,
antique value or historical worth owned
by you or in your care, custody or
control, We will not cover euch propeny
it held for sale, nor for loss or damage
caueecl by repair, restoratiDn or
retouching.
It loss Dr damage DCCUrs, wo wiD pay tho
oppraised value, If you do not have an
appra!s", we will pay your cestlllthe
time of purchase,
The most we wil pey under extension f,
Is descnbed in the SCHEDULE of Ihls
endorsement,
The COINSURANCE Additional
Condition does nDt apply to Fine Arts,
A Special Deductible of $250 per
occurrence applies to this eXteneion,
g. Aecounlll Receivable
(1) Wewil pay tile lollowlngtllat result
from CDvered Ceuees of LOllS 10
your records or accounts receiv.b1e
located allhe described premlsell
shown in tile Declarations:
PPF D2 35 (1CW4 Ed,)
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Page 4 of a
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.(e) Alteration, falsification,
concealment or destruction of
records of accounts receivable
done to conclHllthe wrongful
giving, talcing or withholding of
money, eecuritieti or otller
property.
recharging cost. W tile discharge
occurred as a result of testing of the
extinguisher or &ylltem.
J. Arson Reward
(b) Bookkeeping, accounting Dr
billing errors or omissions,
We will reimburse you for an arson
reward thet you give to aomeone who
discloses Information thllt Ie""" 10 lhe
conviction of a perwon or personl for
arson at lite deacribtld premises In lite
DacI8ratioM that r..ulled In our ~g
a loss In lllCC88I of $50,000 under this
poley.
The moat we will pey under extension g,
Is deScribed in tha SCHEDULE of this
andorsement ,
The COINSURANCE Additional
Condition does not apply to Accounts
Receivable,
The moat we will plI)' under extension j.
Is described In tha SCHEDULE of litis
endorsement No deductible apples to
1tIi1 extension,
A Sped81 Oeductible of $250 per
OCCUrrence applies to this extenllon.
k. Back-Up of _r. and Drain..
You mey extend the inluranca that
applleato Your Susin... Personal
Property to apply to your co&IIIto
research, replaca or rostore tile lost
information on 10lt or damaged
"Valuable papers and recorda." including
those which eleist on electronic or
magnetic "media:' fDr which duplicates
do not exist.
Wa will pII)' for loss or damage to
Covered Properl)' llt doscribed prem......
caused by or raaulling from a prevloully
non-exisling body of water that becu up
from a sewer or drain.
h. "Valuable Papers and Record.." -
Cost of Research
Excluaion B.1.g,(3) of lite Caua.. of
u.. - Specl8I Form, If applicable, does
not apply to thle ExteMion.
The most we wlI prt under exlenlion It
iI d..clibed In the SCHEDULE of lItill
endorsement.
The moet we will pay under extension h,
is delcribed in the SCHEDULE of this
endorsemehl. ,
The COINSURANCE Adcitional
Condition do.. not apply to Back-up 01
Sewers or Drains.
The COINSURANCE Additional
Condition does not apply to "Valuable
Papers and Records."
I. Electronic "Data" Processing
Equipment and "Media"
A Special Deductible of $250 per
OCCUrrence epplies to this extension,
We will pII)' for direct phv-icallosa or
damage to electronic 'data' procesalng
equipmant and 'media" 88 a r.u. of a
Covered Cause of Loa,
~ Recharge of Fire Protection
Equipment
(1) To fight a fire; or
(1) We do not cover eny 01 lit.
folowing:
(a) 'Data" or "madia" for.which
duplicalae do not aiel;
(b) Compute.. or 'media" rented
to others whle _Y from the
deacribed premises.
We wi. pay expenses you incur to
recharge automatic fire protection
equipment No deductible will apply
when such equipment is diICharged:
(2) ~ tile resutt of a Covered Cause of
Lou,
However, we will not pay for
PPF 02 35 (10/94 Ed.)
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Pogo 5 or 9
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(2) The fonewing additional Exclusion
apply:
(a) t:.rronl in systems
I>rogramming; or
(b) t:.rrors in instruction to a
machine.
(3) Equillment will be velued at the
I"",""of:
(e) The ectual cost to repair or
replace the equipment to
original condition;
(b) The actual COllt to replace the
/>!Operly with .imilar property
""pable of performing the
lIame function.
The most we will cover for computer
equlpmen~ word processing equipment,
"data" "mtldie," and programa '-
described in the SCHEDULE of thie
endorsement
The COINSURANCE Additional
Concition does not apply to Electronic
"Data" Proc_ng Equipment end
-Media."
A Special Deductible of 5250 per
occurren<:e epplies to this extension,
m. Extra Expen.. CDVltrage
We wtIl elttend coverage provided for
Covered Property to cover the actual
and nee....ary extra expense to
continue operations at the described
prerniGe\I or at a replacement premises
because of direct physical loss of or
damage by a Covered Cause of Loss to
Covered Properly at the premisee
describellln the Declarations,
ExtnI Expense means n8Ces&llry
expen_ you incur to continue normal
operationa at a temporary location or
with .ubatitute equipment, during the
period of tima beginning on the date of
the covered direct physlcellou end
ending On the dete when the property
should be repaired or replaced, with
rNlOnable diligence to aimlar qulllity as
beforathe loae, thet you would not hilVe
incurrell hed there been no direct
phywicallole or damage to Covered
Properly,
PPF 02 35 (1D194 Ed.)
C.'223
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T~e most we will pay under this
extension is described in the
SCHEDULE of this endorsement.
The COINSURANCE Additional
Concllion does not apply to Extra
Expense,
n. Bullde..' RIsk and Installation
Floater
You may extend tha in.urance !hilt
appies 10 Your Bus/n_ P"",onal
Property to apply 10 mlllerielll.
equlpmant, machinery and Mures!hllt
ara owned by you, or for whlch you ara
legaly Uable, that are to be In.taled by
you'or at your direction whlathe
property is:
(1) at any ona construction premises;
(2) in troait; or,
(3) at a temporery atorage Iocalion,
You mayaleo extend tha insurance
provided under this Exlenllon 10 Include
tha building under conaIruction,
.carroldlng, conatrudlon forms and
temporary ttructu_, but only while at a
speclftc job or project.,
However, we wi not cover.
(1) property IIored at e pennanent
Wlreholl8e or IIolIIge yard that you
own, un'- the property Is a spacific
job or project aile covered by this
Extansion;
(2) plans, b1ueprintl, design or
apecific8tiona: or.
(3) trees, gr_,IOd, shrubbery or
p1antll.
The most We wi pay for 10118 or damage
under this ExIan110n Is deacribedln the
SCHEDULE of thItlendcmemenl .
The COINSURANCE Adcition"
Condition do.. not apply 10 thIe Builders'
Risk and lnatallatlon Floatar Extenllon.
B. INSURANCE UNDER TWO or MORE COV1:RAGES
The folowlng is added to paragraph C.lnsurlUlC8
Under Two or More Coverag.. of the Commerc".
Property Conditions:
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If a Coverage Form is attachad to this policy that
provides cover. for any of the Extensions plovided
by this endol'88ment, the lim~ shown in the achedule
and the coverage provided by this endorsement are
deleted and only the limit and coverage provided by
the Coverage Form would be available to you,
the limrt of insurance, whichever . less. However,
the coinsurence will not apply to IosaeI which are
less than $25,000, If the 10M exceeds our
paymen~ you will eilher have to rely on other
insulance or absorb the Ioas YOUlllelf.
C. LIMITS OF INSURANCE
F. ADDITIONAL DEFINITIONS
The foRowing changes are made to SECTION C,
LIMITS OF INSURANCE:
The following additional definitions are added to
Section H. DefInitions:
1, The second paragraph regarding outdoor slgnl is
delltted In ill entirety.
3. "D.t." meanl facta, programs, concepts, cod..
or inltructiona converted to a form uaable In .your
computer operationllor your bulln_ activIti8I' at
the descrlbedi premiSes In the Daclanllions,
"D.lJI" do.. nollnclude "media,"
2. Thelollowing paregraph is added to tha bottom 01
this SectiDn:
If applicable, the Blanket Umit Df Insurance that
applies to Extensions b" C., d.. e., f.,g. h. and k. is the
mDst we will pay lor the sum of ell covered losses or
damages durin!! each seperately cDnsecutive .nnual
period and to eny remaining period of 1_ than 12
montha, starting with the beginning 01 the policy period
shown in the Declarations, unless the policy period is
extended after iaoIuance for any additional period 01
1_ than 12 months, In that caee, the additional period
wit be d.amad poIrt 01 the last preceding poIriod lor
pUrpDSelI 01 determining th.llmlts ollnauranca,
4. "Mecia" II th.langible material on which "dlIla" is
recorded, auch .. magnetic lapea, disk packs,
druma, papolr 'lllpea and ...rda, Thll does nDt
include tha "data" Itored on the "media,"
5. 'Valuable pape.. and recorda" means
dDcuments, manusClipts or recorda,lncluding
abalracta, books, daeds, drlwing, 1IIma, mapa,
mDrtgag" or "dale," But "vaIuabla papalll and
recorda" dDe& not melln money, .ec::urities or
negotillble Inlllrumenlll,
G. CAUSES OF LOSS REVISION
D. DEDUCTIBLE
Tha following paragraphs are added to SectiDn D.
Deductible of the Bulldlnllancl Personal Property
Coverao. Form:
The following .lao applies to your poticy.
, 1, Thefolowing applieatothe C...... of LD$8-
Baeic Form and the Causes of L088 - Broad
Form,
1. If more than one coverage applies to lasses
resulting from anyone Dccurrence, we will
subtract the deductible .mount only Dnce.
PrDvisiDn B.a, of A COVERED CAUSES OF
LOSS don not apply with respect to glass
(including frame), that is pa.rt ala buldlng,
Also, if more than one deductible applies, we will
subtract thalarg..t applicable deductible.
2, The following applies \0 the Causes of LOlli "
Speclel Form.
2. The terms 01 this DEDUCTIBLE prDvisiDn do not
apply to any Earth Movament and Volcanic
Eruption Deductible, Flood Deductible, or
Wmdstorm or Hail Deductible that may be
provided elsewhere in this poliCY.
Provllion 2. of C. LIMITATIONS don not app/yto
glan llncluding frame) that is part of a building.
3, Other special deductibles may be in the policy fDr
specific coverages,
Thelollowing chang_ epply \0 the Commercial Genar.1
Liability Covereg. Form as spolcifiec1
E. AoomoNAL CONDITIONS
A. PROPERTY DAMAGE LIABIUTY IN YOUR CARE,
CUSTODY OR CONTROL
Thel.st paragraph of ~em 1. Coinsurance Is deleted
.nd rep".ced wilh the following:
We will pay the amount determined in step (4) or
The insurance for "property damage"liabllity is
changed to the following:
PPF 02 35 (10194 Ed.)
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We..,;n eXlend coverage for personal property or
others in your care, custody or control.
There is no coverage lor "property damage" caU&ed
by an "explosion" resulting from any of the follo..,;ng:
This extension of coverage is excess over any valid
and collectible property insurance (including any
dBductiblelllValablelD you, This extension epplies
only lD the Named Insured scheduled in the
Declarations, Coyerage is not extended to any
additional Interests made a part of this policy.
(1) artificially generated e1ec1rical current,
including electric arcing, thBl disturbs
electrical devic:ee, .ppliances or 'A'ir_:
The moo;t we wi pay under this extension is described
in the SCHEDULE of this endorsemenl
(2) "explosion" 01 steam bollllftl, sleam pipes,
steam engines or steam turbinal owned or
I.....ed by you, or operBled under your
control; or
B. MEDICAL PAYMENTS UMIT
(3) mechanical breakdown. including rupture or
bursting caused by centrifugal force,
COVERAGE C, MEDICAL PAYMENTS Lim~ of
Insurance is replaced by a new Medical Peymenla
Um~ of Insurance, which Is subject 10 all of Ihe lerms
ot UMIT OF INSURANCE (SECTiON III), The new
Medicel Payments L.lmn is described in the
SCHEDULE oflhis endorsemenl
But If 1081 Dr damage by fire orwalerresults Irom any
of the above, we will pay for IhBlresulting "property
dlmage" to tha exlenl oth8lWlee prDYIded under this
coverage.
This proVision does nol apply If COVERAGE C,
MEDICAL PAYMENTS is excluded elIher by the
provisions of Ihe COVERAGE FORM Dr by .
endorsement
A sepel'llle imn of insurance lIpp1ie1 to thiS coverage
.s described in LIMITS OF INSURANCE (SECTlON
III).
C. AMENDMENT" AGGREGATE LIMITS OF
INSURANCE (Per Project)
The Genenal Aggregate Limn under UMITS OF
INSURANCE (SECTlON III) applies separately 10 each
01 your projec\a ~ Irom pramises owned by or
renled to you,
This provision dOal not apply If Fire Damage Legal
Liabili\y of COVERAGE A (Section I) is .cluded
either by the Pro_ns of the Coy....ge PlIrt Dr by
endorsement.
E. BROADENED COVERAGE FOR WATERCRAFT
YOU DO NOT OWN
Paragrsph g, (2)(a) 01 SECTlON I COVERAGE A,
. ITEM 2 Exclusions, is dolBlad and raplaced liS foUows:
,
D. UABIUTY FOR DAMAGE CAUSED BY FIRE,
"EXPLOSION," SMOKE, LIGHTNING, AND
''WATER DAMAG"" L.EGAL LIABILITY.
, g.(2)(lI) lea than S1 feallong; and
The LaSI paragraph of Exclusions of COVERAGE A
(SECTION I) ill deleted and replaced as follows:
This provision applies 10 lIny pel\lOn, who with your
consent, either uses or Is responsible for the use of a
watercraft.
Exclusions c. through n, do not apply to damage by:
This insurance is excess oyer any other valid and
collectible in.ur.nce a\/BOable to the Inaured whether
primsry, axceBB or continganl
(1) fire;
F. SUPPLEMENTARY PAYMENTS
(2) "explosion;"
(3) smoke Dr amudge r~ulting from the sudden
and faulty opemon of a haaling Dr cooking
unn thBl had a smoke pipe leading to a
chimney or the outside of the building;
Undar SUPPLEMENTARY PAYMENTS-
COVERAGES A and B, plragrephs 2 and" are
(\e\eted lInd replllCed lIS follows: .
(4) fighlnlng; or
2. Tha cost of bel bonda r.quirad bac8use of
accidents or trB1'lic law violations arlalng out of lhll
use of any YlIhic18 \0 which the "BOliIy InjurY'
Uablli\y Coverage appllBB, We do nol have lD
lurn.lah these bonda,
(5) "w8Ier damage"
to premis8ll rented to you.
The follo..,;ng edditiOnal exclusion. apply as respects
coverage for .property damage" from "explosion":
PPF 02 3S (tOlllHd,)
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4, /JJ reasonable expenses incurred by the insured
at our request to assist us in 1I1e investigation or
defense of the claim or "su~," including actual
loss of earnings up to $250 a day beCllUse of time
off from work,
J, LIBERALIZATION
G. NOTICE OF "OCCURRENCE"
If we adopt a change in our forma or rules that would
broaden the coverage of this poley without extra
charge, the broader coverage wI1 apply to this polley,
It will apply when the change becomes effective in
your state_
Under SECTION IV-COMMERCIAL GENERAL
L1ABILI"IY CONDITIONS, ITEM 2..DUTIES IN THE
EVENT OF .OCCURRENCE" ClAIM OR "SUIT,"
paragraph F, is added as follows:
K. ADDITIONAL DEFINmONS
The foftowing definitions are added to SECTION V-
DEFINmONS:
f, Your rights efforded under this poliey shaM not be
prej udiced W you fail to giva us notice of an
"occurrence" or daim. SOlely due ta your
reasonable and documented belief that the
"bodily inj ury" or "property damage" is not
covered under thill poncy_
20, "Exploaion" means an explollon, Including tha
explosion of gasas or fuel within 1I1e furnace 01
any fired v......, or within thalluM or p....agea
through which tha g_ 01 combustion _.
Explosion does not include the Iolowing:
H. KNOWLEDGE OF "OCCURRENCE"
a, rupture, bunsting or oparation 01 pressure
relief devices; or
Under SECTION IV-COMMERCiAl GENERAL
LIABILITY CONDITIONS, ITEM 2 DUTIES IN THE
EVENT OF "OCCURRENCE," CLAIM OR "SUIT,"
paragraph E, is added as follows:
b, rupture or bursting due to expansion or
swelling 01 the contenla 01 any building or
structure caused by or resulting from water.
e. Notice or 8n "occurrence", claim. or "suit" wiN be
conaldered knowledge of the insured if reported
to an individual named Insured, partner,
"executive ollicef' or an "employee" designated by
you to give us such notice,
21_ 'Water damage" means accidental discharge or
leakage 01 water or steam.. the direct resuft 01
the breaking or cracking 01 any part 01 a system
or appUance containing water or steam, other
than an automatic sprinklar system, "Water
damage" do.. not include the coat 01 repairing or
replacing tha systam or appliance Irom which the
water or steam escapes.
I. ACCIDENTAL CLERICAL MISTAKES
Under SECTION tv-COMMERCIAl GENERAl
LIABILITY CONDITIONS, ITEM 6-
REPRESENTATIONS, the following wording is
added:
TERMS ANO CONDITIONS OF YOUR POUCY
d_ Your fa~ure to disclose all hazards existing as 01
the inception date of the policy shall not in "sell
prej udice the coverege otherwise afforded by thill
poliey, provided such failure to disclose all
hazards is nat intentional.
All othar applicable terms and conditions of the
policy apply unlsss specifically contradicted by
provisions 01 this endorsement.
PPF 02 35110/94 Ed,)
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PEt(NSYLVANIA MANUFACTURERS' ASSOCIATION INSUR1INCE COMPANy
POUCY NO. 829100-33063-744
I
NAMED INSURED
II
PRODUcER'S NAME
-,
HENlPT BROS INC
PO BOX 278
20$ CREEK RD
CAMP HilL, PI!, 17011
K. R. MACDONALD INCORPORATEO
4900 DERRY STREET
P.O. BOX 4500
HARRISBURG, PA 17111
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POI-ICY PERIOD' FROM 0310111997
TO:
O~101J1998
12:01 A.M. Stilndllrd TIme -. your fMiiling address shown ..bove:.
BUSINESS DESCRIP'TICm;
ROADICONCRETECONSTRucnON.QUAR~ES
NAMED INSURED IS;
Corporation
;
IN RETUl'lN FOR THE PAYMENT OF THE PREMIUM. AND SUILlECT TO IoU. THE TERMS OF THl$ POUCY. WE ACREE WIllt YOU TO
Pl'tOVlDE THe INSURANCE AS STI'>TED IN THIS POLICY.
TIilS POUCY CONSISTs oF THE FOUoO'MNG COvERAGE PARTS FOR WHlCll A PREMIUM \S IN\)ICA~ THIS PftEJA\UM MAY BE
SUBJECT YO ADJUSTMENT.
PROPERTY COVERAGE PART
GENEAALllA8lUTY COVERAGE PART
INlAND MARINE COVERAGE PART
BOILER AND MACHINERY COVERAGE PART
PREMIUM
$ 27,392
$ 142,951
$ 13,145
$ 3,897
TOTAL
$ 187,3B5
FORMS APPLICABLE TO ALL COVERAGE PARTS:
SEE SCHEDULE OF ENDORsEMEN'TS
COUNTERSlGNl;O
8Y
{Oat.,
'Authorized Repr~ve)
CPD2 (03 90)
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....... L.;.""'vn..;l'~m~"'l "nAN"'~;:> j Me t"VU~T. I"'L~St:: Ri:AD IT CAREFULLY
, . ,
ASBESTOS EXCLUSrON ENDORSEMENT
This insurance does not apply to:
1. "Bodily injury" or "property damage" Which i5 attributed to or is alleged to have betln caused by exposure to
asbestos or asbestos containing materials Which are manufactured, sold, ham1led, main-tained, repalted,
fetlloved', dlsposed of, transported, dlstributed or installed by or on behalf of the insured Of' by othllJrs trading
under his or its name: or '
2. Any loss, cost, or expense which is at1ributed to or is aUege(! 10 have been caused by a health haZltrd
felated to asbestos or asbestos containing materials including the cleanup, repair, removal. containment,
including encapsulation. or allY other corrective measures taken either voluntarily or at the dlrec:fion of any
govemmental entity to eliminate, reduce. control. monitor, or test for such hea,1lh hazant because of the
existence of asbestos wilhin the land and/or building wbic;h are eilt1ef owned, leased or otherwise within the
. care. custody or control of the insured.
It is agreed that the CornpallY shall have no duly or obligation to defend or investigate eny claim excluded by lhis
enclorsemenl
This endorsement changes the policy to which it is atlached and is effective on the date Issued unless othenNise
slated,
Effeclive Date of this Endorsement 03101/1997
Thi5 endorsement rorms a part of
POLlCY NO. 8ZS700-;53-63-74-4
ISSUED TO HEMPT BROS me
ISSUED 8V PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY
POUCY DATED 0310111997
Da18issued 04110/1997
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POLICY NO. 829700.33-63-74-4
Contraetua~ Li&bL1ity - Rai1roads:
TIUS ltNDOJl.S!:HZNT CB:ANGJ:S TBJ: POLIO. PUl'.SE _ IT c::l\RZ!VLLT.
CONTRAC'l'UAL LDUSX:LITY - RAILROADS
Thi... -nd.O'&SeJReAt mod.:1~1... 1.bautaAce }:Io1l!ov1.ct.4 v.nder th. ~oJ.1.ow1.Dg':
caeg:aCrAL G!:NUUU. LrAB:ILI'1'r COV!:RAGI: PART
SCSEDUIZ
sC!he4uJ...4 _i1roa4: AKrRAR, caNIlA:U.., POCONO _~'r ~LMAD. Rl"rA
Mi.'th respect to "constructi.OD operati.ons. pe:rfo~ for or a.r~.et:il'l9'
a ScheduleQ. lUI.:ll..:ro-.d.# the de.~i.bi.t1.oa o'E "i.n..",~ Ccm:tract'" 1.n \:.ba
plI:rnU'Z'IONS s..etion is r..pJl.a_ J>y tJ>. foJ.J.o",in\J:
6... -Insured Contract'" ...n:ll~
a. A contraet I:or ... 1...... of p..-i"... B.....~, that port.i.on or:
tJ>. c:ontr..."t 1:0" a 1.... .of 1'..-1__ ~1:. . "...-' ....1... any
per._ OJ: or9..u",.Uon for c:lamaps toy fire t:o p~_. 1ItIU1.
r.ntK to- you or "-,,ari1y o"<:lIp.l.e4 toy you ....I.l:b ....lOIIli..i..n
of' 'tM oWl'l*J: i. bot: an J.nSUX'~ C01\tr...c::t.
l::Il. A ..1._ 'tr.ck -9"%'. ~t;
i
c. Any eAsement OJ: l.i.c:e:ns. aqz:eement.,;
d. An obJ.igation. ".. required by oE'<U.n_ce. to .u,~~'fy &
JlN,n:ie.1paJ.:l t:.y, e.Kcept 1.n conne-c:tion vi. t.b work. for ...
lIlWlieipa.lity;
e'. An .levator maintenanc. agreement;
f. That paJ;'t of a.ny oth..J: contr.ct OJ:' &gr.-e:meD"t;. pert.a1.nJ..og to
your l>usine.,. (inc1.ucI.1.ng an :l.nd ~ ~ f:1.e&t.:l.on ot:: .. ~e:lfl'&l.1. ty
in connection ...itb work 'P"'"fo=-d for" !llUftiC!ipaJ.ity) woder
",hJ.eh you a....... l:be t..~ 1iGi.11.ty oj!' anothe", p&J:'ty to pay
for ftbod.i1.y iftjuty" or "p"~rtl!' ~n to .. l:bird person or
org'anb:atioll. or.....t. 1i~lity __'" .. 1iGi1ity that would be
:i1opos_ ~l!' 1..w in the ab_n.... or any contraC!1:. or aqre_n.t.
p-..:a9"'&ph f _ <loot.. not. :Lnc1ude l:b...t part of any oont."&I:t. or ...'P'-....,..t.:
(l) That !ndemnifi.e. lUll arcb.it..c:t, .ng:l.neer or surv.yor for' :I.n.,uxy
Or da=&g. arising out. of:
(al prep""ing, &P1>rovinq or I:a:i.~.ing t:o ~ or a~_
map., dra....1.ng., Opin.i.on# repooJ:t.$, IIU.rveyS, ~ orders,
designs 0" specifications; or
AP;Z7 GL 03 Page 1 of 2
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(b)
POUCY NO.
Giv;i.ng d1:.ctiona 0:<:' inatructiona, or
th_. J.~ that i. the pri.m&:cy cau_ or:
~;
829100-33-63-74-4
:fil~ to goiVOl
u.. ;i.njury or
{2) Unde:<:, which the 1.nsu:twd, if .... ar<::h1tect, on9'in_r or
s=v.oy<>r, a.aa,- 11.iIl:>.l.lity t"o:t: an J..njury or dama~ &ria;i.ng-
o..t o~ thlR insuJ:<K1'. ~odering 0:<:' :failure to ~r
proCeasional. ae.,...:I._a. Inclucl:lng tho_ 11st:.cl 1Jl paragr..ph
(11 iIl:>o.... and superviso:cy in",peeUon or ..nqi-.ring _rv:i.......
(3) Under whJ._ the ina\lr<Hl ........-. 1,h.I:oL:u..t.y Cor .l...j~ or
cl.ama9"''' ar.t...l.Dg' out oC or caused. t>y .... act or ~s.:l.on or:
....other party, :i.t:: the act OJ:' ~..Lon ax. ~e sole pr'-,-t:e
ea..... or: the .tnjuJ:y ...., _90S.
'l'he Co1.10win9' <1.t:.l.n1t1on i. a_ t.o BBC'1'J:ON V - bUJ:lD:TXONS:
.Con.t:cuction 0pe"at1on.8 _...... ..ork or oper..t.10.... perf'o~ 1>y the
j.naur.d ~or or .~f.c::U~ .. 8ebectv.~.d, Mai1.ro....d. But "cona:~cUOft
oper....'t.1.ons. cloe.s: not; j"u<<:1.u.cIe any o~ the fo~~o.j.nq:
_. op.-l:"ae:lot'lS .1.ttV"o.1v:Lng- 'Wo.rk on any J:a:1.1roac:l tJ:&~:
b. op.rau.-.. i......ol.....l.>>q t_lin9' _r or c:oA.trw:U_ oC
1>r1c1ge. or o....>epas_. o_r an':{ ra:l.1,road. tra~;
c. Work on any ....l.r.u.!J ......oc:1..t.ed w.1.th the rUJ.roa4 traelt. or on
the ca t.nary.
d. Work upon any "'&1.:1roa<l .f-gnal. 0" ....=.l.nq .ys~.
.
AP27 GL 03
Pa9~2 of2
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POLlC'f NUMBER: 829700.33-$3-74-4
,COMMERCIAl GENERAL LiABILITY
THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY.
BOATS
This endo.....m..nt modl1ie,;; insurance provided under 111. following:
COMvlERCIAL GE;NERAL LIABILITY COVERAGE PART
SCHEDULE
Description of WatflfCraTt:
ANY OWNED ROW BOAT OR PONTOON BOAT
Additional Premium:
(If no en\ly eppears 2Ibove. information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
1. Exc:lusion g. of COVERAGE A (Secllon I) does not apply~o any wetercralt owned or used by or rvnted to the
insured shown In the Schedule. '
2. WHO IS AN INSURED (Seelion II) is amended to include as an insured any person or organizatk>n legally
responsible for the use of any such watercraft you own. provided the actual use is with your permissloR.
CG24121185
Copyright. Insurance Services Office. Inc.. 1984, 1992
C-l223
..."""'" c, ~j
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(2) Any loss, cost or expense arising out of
any:'
(al Request, demand or orner issued or
made PUlSU3nt to any enWoomental
",...t....&... 01' enWonmental iabiliy
slabJtes or regulations lhal any insured
test tOr, monitor, clean up. remove.
conlain, treal detoxifY or neutraize. or in
any way respond to. or assess the
effects of poUuIants; or
(b) Claim <<$Uk by or on behalf of a gO\l-
emrnenl8I alllhorily for damages be-
cause of testing for. monlloring. cleaninIJ
UP. removing. containing, ~ating,
detDllifying or neulralizing or in any way ,
responcing to or assessing the effects of
poUutanls,
Ponutants means Brrt solid. liquid. gaseous or
thel1'll8l irrilanl or CO\'llaITIilant inc:Iuc:IinlJ smoke,
vapor. soot, I'umes. acicls, alkalis. chemicals and
waste. Waste inc:Iucles material to be reG"jlded.
, recondllloned 01' redaimed.
n. With rllSp!!Ct to "bodily injury" or "property damage"
arising out of the adI*. alleged or threatened
discbalge. dispersal. see. ..yo. migration. release or
escape of poIIulants:
A. The "Each OcwlTtlnce Limit. shown in the
" 'Declarations does nolapply,
B. Paragraph 7. of lIMITS OF INSURANCE
(Section Ill) does not apply,
__,~l
. " If~"~
L...kIi '~~i""ll:P "' '<Jl~dM
'1:"]\1;'f-';
C. Paragraph f. of LIMITS OF INSURANCE
(Seelion 1I~ is replaced by the foHowlng:
1. The Linits of Insurance shown in the
Oedarations. or in the Schedule of this
endon;ement, and the rules below fix the
most we wi! pay regardless of the number
of:
a. Insureds;
b. Claims made or 'suib" brought; or
Co Parsons or Ofganizations making
claims or bringing "suiIs.-
O. The foDowing are added to LIMITS OF IN-
SURANCE (SectIon llI):
8. Subject In 2. or 3. abcwe. whichever applies,
the LImited Ponulion I..iidJility Exten".dll
Aggregate Linlit shown in the Schedule is the
most we will pay for the sum of:
a. Damage$ under Coverage k. and
b. Medical expenses under CoIierage C
I:>eca&ae 'of "bociIy injury" or "property
damage" arising out of the aclual, alleged or
threalened disc:tuwge. dispeJ$aI, seepage,
mQrelion, release or ftClIpe 01 poQutsnls.
S. S~ec:t to '8. a'-e, the~. ~.' ~lSe
Lmit is 1he most _1lIIill pay under Co\IeI3ge
C for aU medicPl ~.&E._ because of
"bodily injury" Sl>o.'Loio...d by any one peISOn
arising out of the ac:tuaI, alleged or
1hteatened discharge. dispE.,...... seepage.
migrallon, release or escape of pollutants.
CG 24 15019&
Copyright, Insurance SeMCe$ Office. Inc., 1994
C'1223
Page 2 of 2
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THJS IS'ClAIMs MADE; COVERAGE. ~lEASE READ THE ENTIRE ENDORSEMENT CAREFULLY.
EMPLOYEE BENEFITS LIABILITY INSURANCE
This endorsement modifies insurance provided under the following:
Commercial General Uabillty Coverage Pan
Schedule*
Limits of Insunlnce
Each Claim Limit
S1 0011.000
AlIgrwgata Urnit S1.000 000
Each Employ_
Deductible Amount S1 000
E$tima~d Number of Employees:
Rata per Employee: .117
Advance PnmiUIII: S200
R~ctive Date:
311197
This insul'lInce does not apply to actual or alleged negligent acts, errors or omissions which occurred prior to the
".tro.ctiYe date. if any, shown above,
Covllf'ed Employee Bener-Its Programs other than those listed in Paragraph H:
A.. The following Co-,""ge EBL is added to
SECTION l-COVERAGES.
COVERAGE EBL- EMPLOYEE BENEFITS
UABILftY
i. Insuring Agreemenl
a. We will pay tI10se sums that the insured
becomes legally obligated to pay as
damages because of negligent acts, errors
or omissions arising out of the
'administration' of the imured's 'employee
benefits pl'ogram".
b. We win have the right and duty to defend
any -sult'to which this insurance applin.
seeldng damages. but
(1) We may investigate and settle any
claim or "suit' at our discretion;
(2) The amount we win pay for damages
is Umiled as described in SECTION III
- LIMITS OF INSURANCE; and
(3) Our rigtrt and duty to defend ends
when we have used up the applicable
limit of insUrance In the payment of
judgmenls or settlemenls.
c. This In:lUranc8 appties to damages
because of a negligent act. error or
omission in !he "administration" of the
insured's "employ" benelil$ program"
onlylf:
(1) The negligent act. 8ITOI' or omission
out of which damages arise is
committed in tile 'cover.Ige lerritory"
ahd
(2) The claim for damages beeause of a
negr.gent act, error or omisll:ion in th.
'administration" oHhe iin;ured's
'employee benefits program" is first
made during the poflCY period by:
Pf>l30 70 (10196 ed.)
Pilge 1 of 5
C.t223
- . ~J '< .~~-' .'. . ,~_I~IIil\lIlll!il~~~~~j!P.-i""""n~1 "l!iiillJ!iJilil.:il.I;t.lY1l~)'L'i
..
(8) an "employee- f, . To IOISS arising out of the insured's failure
(0) II former .employee"; or to comply with the mandatory provisions of
any law concerning workers'
(c) The beneticiaries or legal compenS3tion. unemployment insurance.
representative or an .employee. social security or disability benefits.
or former -employee", g. To loss as a result of actual or alleged
d. A claim by a person or organiZation error or omission or breach of duty,
will be deemed to have been made commillecl or aneged to have been
when notice of such claim is received committed by a trustee or administrator. in
and recorded by any Insured or by us, the discharoe of fidudary duties,
whichlWilr comes first. obligations or r8llPOlls1biliti8fO imposed by
All claims for damages by the :sarne th.. Fed....1 Employee Retirement Income
e, Security Act of 197 4 or rille x of the
person and du.. to the same negligent Consolidated omnilllls Budget
act, error or omission win be deemed Reoonci1ia1lon Act of 1985 (Public Law 9~
to h_ been made at the lime the 272) or Section 9319 of the Omnibus
first of those claims is made egainst Budget Reconciliation Act of 1986 (public
any insured. Law 99-509) or any amendmenls to these
. f. Written notice given by the insured to Ads.
us dUring the policy period of an act, h, To loss or damage forwhicll benefits have
error or omission talcing place during accrued under the terms of an employee
the policy period which may rll$U1t in a benefit plan 10 the extent !het suet> benefits
claim will be considered a claim are aYltllable from funds acc::RIed by the
made against the insured during the insured for such benelils or from
policy period. collectibl& insurance. nolwilllstanding the
.2- Eltcluslons insured's act. Bmlr Of omi9slon In
administering the plan which precluded the
This insurance d08$ not apply: claimant from receMng such benefits..
a. To loss arising out of any dishonest. I. If a$ of the effeclive date of this policy, the'
fraudulent. criminal Of malicious act insured had knowledge or could
Of omission committed by any reasonably foresee any c:ircumstances
Insured. which might result in a claim.
b. To .bodily injury'". "property damage". j. To fines. penalties or taxes..
.personal injury'" or -advertising k. To damage for actual or Bneged acts,
injury". enors or omissions which were commilled
c. To 10$$ ariWlg Qut of the failure of before the RelroaCtlve Date stlO'M'Iln the
performance of conlracl by any schedule.
insurer. group administrator Of health I. To loss of money, ~nknotes. bullion.
maintenance organization. et>ecks, monay orders, and all other
d. To loss arising out of an inwftjciency n890tiable and nonnagotiabl& instrument;
of funds to meet any obIigallons representing mOl1ey.
under any plan included in the m, To loss as a result of actual Dr aneged
'employee benefits program", d'rscriminatlon, humiliation, or mental
e. To any claim or .suil" based upon: anguisl'l.
(1) Failure of any investment to n, To loss arising out of ectual or ,alleged
perform as represented by any fafture to comply wII!I the requlremenls of
Insured; or the Americans with Disabililies Act.
(2) Advice given to any person to o. To any claim based on the fJabllily of
partiejpate or not tei participate In others which Is 8SSUmed by the insured
stock subscription plans or under a contract or agreement.
saving programs.
PGl. 31) 70 (10196 eO,) Page 2 or 5
<';-'223
';'':'~ ~........"~, -~~.... ~
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p. To any claim that Ii written or spoken
m~ment barmed a person's reputation,
q. To any claim based upon the failure to pay
more than the usual customary and
reasonable denial. meolCal or hospital
expense.
B. SUPPLEMENTARY PAYMENTS-cOVI;RAGES A
AND B alll&nded to inClude COVERAGE EBL
C. SECTION _-WHO IS INSURED is amended as
follows;
.
1, As respeds coverage available under
Coverage Eel. Paragl';llph 2, is deleted and
replaced as rollows:
2. Each of the following is also an insured:
a. Each of your partners, executive
officers and employees who is
aulhorized to administer your
'employee benefits program".
2. As respeds coverage 3Irailable under
Coverage E8l, item d. is added \0 PSl1Igl1lph
4. as follows:
d. . Coverage EBl does not apply to any
actual or alleged negligent act, error
or omission ttmt was committed
before you acqufred or fonned the
organi:talion.
D. SECTION III-UMlTS OF INSURANCE is amended
as follows:
1. ki respects coverage avahable under
Coverage Eel, Paragraph 1 is deleted and
replaced by the following:
1, The Umils of Insurance shown in the
Schedule for this endorsement and the
rules below Iix the most we will pay
regardless of the number of;
a. Insureds;
b. Claims made or "suo. brought; or
c. Persons or organizations making
claimS or bringing suits.
2, Items 8. and 9. are added 11$ follows:
8. The Aggregate limit shown in the
Schedule for lfIis endorsement is the mO$t
we will pay for all damages under this
coverage.
PGL 3070 {10196 edJ
...
v1223
,~~ - di..i.d" '.
~~ ~' ~~ -', ,,-,", , '~I;m.W",'
.,9, Sl<ibject to 8. above. the Each Claim limit
is the most _ will pay faral! damages to
anyone "employee" . including
dependents and beneliciaries.
E. SECTION lV-cONOmoNS is.ame!1ded as
follows:
1, As respects coverage available under
Coverage EBl, conditions 2.4 and S are
deleled and replaced as follows:
2, Duties in the Event of an Act, Envr or Omission,
Claim or "Suit-
a. The insured must see to illhatwe are
notified as Soon as practicable of an actual
or alleged act, elTOr or omission which
may result in a daim. To the extent
possible, notice should include:
(1) How, when and where !he act, error
or omission took place: and
(2) The names and adcfr I I $. of any
.employees" who may suffer
damages as a result of the actual or
alleged act, error or omhlsion.
b. If a claim is received by any Insured you
must:
(f) Immediately reeord the specifics of
Ihe date received; and
(2) Notify us as soon as practicable.
You must see to it Utat we receive written
nolica of the claim as soon as pracllcable.
c. You and any olber iIIvolved insured must:
(1) Immediately send us copies of any
demands, notices. summonses or
legal paper receiVed in connec1ion
with the claim or a 'suit":
(2) Aulhorize us to obtain records an~
oUter information;
(3) Cooperate with us in the Investigation,
setIIement or defense of lfIe claim or
.suit-; and
(4) Assist us, upon our r..quest, In the
enforcement of any right against any
per$On or organlzallott which may be
liable \0 an insured beCause of
damag8$ to which Ihls insurance may
also apply.
Page 3 of 5
.,
-....,~II"""'!"'_.,,.. .,=~
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· d. No insured(s) will, except at their own
cost, VOlantarily make a payment,
assume any obligation. or incur any
expense without our consent
4. Premium
The premium shown on the Schedule is an
estimated premium only. At the end of the
poncy period you shall, upon our request.
furnish us wilb B statement of any
personnel cI1anges since the effective date
of this COV8f8lJe. We will then compute
the esmec:l premium based upon our rules
an<ll8tes. If the eamed premium exceeds
the estimated premium you shan pay the
excess \Q us: if It iloless we will return the
difference to you,
5. Other Insul'8nce
If other valid and collectible insurance is
available tQ an insured fcr a loss we cover
under this endorsement, our obligations
are limited as follows:
a. Primary Insurance
This iIlsurance is primary except
when (b) below applies. If this
insl.lrance ilo primary, our obrJgalions
are nl)t affected unless any of the
other insurlOncEI is also primary. Then
we will share with aU that other
rnsutlIDce by the method described in
(c) below.
b.. ~ Insurance
Insurllnce provided by this endol'$e-
mflnt is excess over any other
insUt1l1nce, whether primary. excess,
con1il1gent or on any other basis:
(1) That is effective prior \Q the
effective date of this
endorsement and that applies to
damages on other that a claims-
made basis. if;
(i) no Reltoactive Dale is
shown in the Schedule of
tha endorsement; or
PGL 30 70 (10196 ad,)
e'1223
,-<
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ilil,ol/I(~~0
(i) the other Insurance has a
policy peliod which
continues after the
Retroactive Date shown In
the Schedule of this
endorsement
When this insumnce is excess over
other insurance. we will pay only our
share orth.. amount of the 1oss,If
any. that exceeds the sum of:
(2) The total amotmt that all such
. other in$Urance would pay lor
the loss In !he absence of this
insurance; and
(3) The total of aU deduclibl.. and
self-insured amounts under all
that other Insurance.
We will share !he remaining loss. if
any. with any other InsuI'8l\OR that is
not described ill the Excess lnsurance
provision and was not bought
specifically to apply in exc_ of the
Umits of Insurance showtJln the
Schedule of this endo.....ment
c, Method of Sharing
If all of the other insurance pernIits
contributions by equal shares. we will
follow this method also. Under !his
approach e8dllnsurer conbibutes
equal amounts unliI it has paid its
applic:able limit or Insurance or none
of the loss remains, whichever comes
first.
If any other insurance does not pem1it contributions
by equal shares, we 1M1I conlribute by ~mits. Under
this method, each insurer's share Is based on the
ratio of its applicable limit or insurance to 1he total
applicable limits of insurance of allinl;urers .
F. EXTENDED REPORTING PERIOD ' .
1. We will provide an automatic Extended
Repolting Period imlV it.
a. Coverage provided by this endorsement is
cancelled or not renewed for. any reason
l!llOOpt for non-payment of premium; or
Page 40f 5
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. b. We lenew or replace with coverage that
11~ a Retroactive Date later than the one
shown in the Schedule of this
endorsement.
2. A claim first made during the Automatic
8:teooed Reporting Period will be deemed to
have been made Qn the last day of the policy
period, provided that the claim is for damages
becaose of an act, error or omission that
occurred before the end of the porleY period of
this poficy (but not before any applicable
Retroactive Date). The Exlended Reporting
Period will not reinstate or Increase II\e limns of
Insurance or extend the policy period of ltle
polley to whIch this endorsement is allached.
3; The automalic ~ended Reporting Pel\od will
be for 6D days, starting with the end of the
policy period of the poflC)" to which this
endon;ement is attached,
This automatic Extended Reporting Period
approes only if no subsequentlnsurence you
purchase applies to the claim. or wouklapply
but for the exhaustion of its applicable limit of
insuranoe.
, ~) HandrlO9 records in connec60n with
the "employee oonefils p.-ogram". or
(3) Effecting or terminating any
. 'employee's" particlpation in a
plan include<! in the "employee
benefits program'
b. but does not include:
(1) Any act error or omission ofany
person acting in ltle capacity of
a liducial'y under the Employee
Retirement Income Seourily Act
of '~74 as emended. and any
. rule or regulalion relating to that
act;
{2} The giving .of legal counselor
the unauthorized praclice of law;
(3) The giving of tax 8<Mce or
making re~$entallon 8S to tax
eotJSequences; or
(4) Any act. elTQt or omisSIon of an
Insurer or thitd p:arty
adminis1mtor.
"Employee Benellls PTognun" mellll$ the
following plans:
a. Group life insurance. group sodden! or
health insurance, "prolil sharing plans",
IRS quallfied pensiOc\ plans and "stock
subscription plans", provided that no one
other than an "employee" may subscribtJ
to such insurance or plans;
b. Unemployment insurance. social security
bene~ts. wolkers' compensation ..nd
dIsability benefit$;
c. Any olher similar plan designated in Ihe
Schedule of Ihis endorsement
"Profit sharing plans" means only such plans
that are IRS qualified and equally available to
all full time "employees".
"Stock subscription plans" m8lIn5 only such
plans that are IRS qualififld and equally
available to all full time .employVes".
2. Parllgraph S. of Sedion V- Oellnilion is deleted
and replaced as foUows;
5. "Employees" means your officers.
partner.;, and employees whether aclivily
employed, disabled or retired.
Employee includes a "'eased worker".
Employee does not include a "temporary
worker".
.
Deductible
1. Our obligation to pay damages on behalf of the
in$Ured epprleS only to the amount of dama9'Js
in excess of the each employee deductible
amount shown in Ifte Schedule for this
endorsemenl Neither the Each Claim Umlt or
the Aggregate Umll will be reduced by the
amount of Iftis deductible,
2. Claims resulting from the same negligent
ael(s), errcr(s) or omission(s) of one or more of
Ihe insureds are a single claim. and only one
deductible applies.
3. . We may pay all or part of the deductible in
order to selUe eny claim. YouWl11 reimburse us
promptly for any deducllbl8 amount we pay.
SECnON V-DEFINITIONS is amended as follows:
1. tv.. respecl$ coverage available under
Coverage EBL. the following definitions are
3d<Ied:
"Administration'.
B. means your:
(1) Counseling "employees., including
their dependents and beneficiaries.
. with r8$peCl to the "employee benefits
program";
PGL 30 70 (10/96 ed.)
c-~~
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAO IT CAREFULl.Y.
EMPLOYMENT.RELA TED PRACTICES EXCLUSION
This endorsemenl modifies Insurance provided under the foDowIng;
COIvY>1ERCIAL GENERAL LIABILITY COVERAGE PART
1. The following exclusion Is eOded to COVER-
AGE A (Section I);
... "Bodily injury" arising oul of any:
(1) Refusal to employ;
Z. The following exclusion is added to COVER-
AGE B (Section I);
Co 'Personal injury" arising out of any:
(1) Refwal to employ:
(2) T erminalion of employment;
(2) Termination of employment;
(3) Coeraon. demotion. evaluation.
reassignment. disQpfine. defamalion.
hal'a$Sment, humiliation. discrimo.
nation or other employment.related
practices, policies, acts or omissions;
or
(3) Coercion, demotion. evaluallon. reas-
signment. alSdpline, defamation.
harassment, humiliation, cIiscrlmo.
nallon or other employment-related
practices, policies, acts or omissions;
or
(4) Consequential"boclily injury" as a r&-
suit of (1) through (3) above,
(4) Con$equenlial'pel$Onal injury" liS a
result of (1) through (3) above.
This exclusion "pplie.. whether the insured may be
held liable as an employer or in any other capaci(y
and to any obligation to share damages with or to
repay someone elsQ who must pay damages
because of the injury.
P7011 (0" 91)
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
HEMPT BROTHERS, INC,
NO, 2001-1434
CIVIL TERM
Plaintiff
v,
CIVIL ACTION - LAW
PENNSYL VANIA MANUFACTURERS'
ASSOCIATION INSURANCE COMPANY
and PENN NATIONAL INSURANCE
Detendants
PRAECIPE TO ATTACH VERIFICATION
TO THE PROTHONOTARY:
Please attach the following Verification of Mark E, Travis to the Answer of Johnson & Higgins
PA, Inc, and Marsh USA, Inc, to the Complaint with New Matter, which was filed with the Court on
April 24, 2001.
Respectfully submitted,
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
BY:
~t)l/"<7r.f)u 0
Kathleen D. Wilkinson
Attorney for defendant
Pennsylvania Manufacturers' Association
Insurance Company
Date:
{fl \;h \0 \
60039.1 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER. SUITE 1130 EAST . INDEPENDENCE SQUARE WEST . PHILADELPHIA, PA 19106
PHONE: (215) 627-6900. FAX: (215) 627-2665
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CERTIFICATE OF SERVICE
Kathleen D. Wilkinson, Esquire, attorney for Defendant, Pennsylvania Manufacturers'
Association Insurance Company, certifies that on ~ >-\ she sent by United States mail, first
class, postage prepaid, a true and correct copy of the Praecipe to Attach Verification to:
Michael 1. Bangs, Esquire
Law Offices of Michael 1. Bangs
302 South 18th Street
CampHill,PA 17011
James K. Thomas, II, Esquire
c/o THOMAS THOMAS AND HAFER
P,O, Box 999
Harrisburg, P A 17108
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600391 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST . INDEPENDENCE SQUARE WEST . PHILADELPHIA, PA 19106
PHONE: (215) 627-<;900' FAX: (215) 627-2665
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VERIFICATION
I, Mark E. Travis, Senior Environmental Claims Specialist, am authorized to take this
verification on behalf of Pennsylvania Manufacturers' Association Insurance Company; and that
the facts set forth in the foregoing Answer and New Matter are true and correct to the best of my
knowledge, information and belief; and that I understand that the statements therein are made
subject to the penalties of 18 Pa,C.S. ~4904 relating to unsworn falsification to authorities,
m~ t...-;;'nA_A~
Mark E, Travis
DATED: ~ 30.) /)..00/
59551,1
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lIBl PMAIC ANswM TO NEW MATI'ERAND REQUESTFOR DECLARATORY ruDGMENT IDlSK 341 JUNE 25, 2001
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HEMPT BROS" INC.,
Plaintiff
)
)
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)
PENNSYLVANIA MANUFACTURERS' )
ASSOCIATION INSURANCE COMPANY)
and PENN NATIONAL INSURANCE, )
Defendants )
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs,
CIVIL ACTION - LAW
NO, 2001-1434 CIVIL TERM
JURY TRIAL DEMANDED
PLAINTIFF'S ANSWER TO NEW MATTER AND REQUEST FOR DECLARATORY
JUDGMENT OF DEFENDANT PENNSYLVANIA
MANUFACTURERS' ASSOCIATION INSURANCE COMPANY
35, It is admitted that PMAIC provided Commercial General Liability Insurance to
Hempt Bros, The rest of the averment is denied. After reasonable investigation, Plaintiff is
without knowledge sufficient to form a belief as to the truth of this averment and therefore it is
denied and strict proof thereof is demanded at the trial of this case,
36, Denied, After reasonable investigation, Plaintiff is without knowledge sufficient to
form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is
demanded at the trial of this case,
37, Denied, After reasonable investigation, Plaintiff is without knowledge sufficient to
form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is
demanded at the trial of this case,
38, All allegations regarding the relevancy of this section are denied as improper legal
conclusions and strict proof thereof is demanded at the trial, if relevant.
39, All allegations regarding the relevancy of this section are denied as improper legal
conclusions and strict proof thereof is demanded at the trial, if relevant.
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ASI PMAIC ANSWER TO NEW MA1TER AND REQUEST FOR DECLARATORY JUDGMENT {DISK 34 {JUNE 25, 2001
'.
40, All allegations regarding the relevancy of this section are denied as improper legal
conclusions and strict proof thereof is demanded at the trial, if relevant.
41, Denied. After reasonable investigation Plaintiff is without knowledge sufficient to
form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is
demanded at the trial ofthis case,
42. Denied, After reasonable investigation Plaintiff is without knowledge sufficient to
form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is
demanded at the trial of this case,
43, Denied. After reasonable investigation Plaintiff is without knowledge sufficient to
form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is
demanded at the trial of this case,
44, Admitted in part and denied in part, It is admitted that further sinkholes developed
after March 1, 1998, but it is denied that the coverage on the subject policy had lapsed,
45, Denied. After reasonable investigation Plaintiff is without knowledge sufficient to
form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is
demanded at the trial of this case,
46, Denied. After reasonable investigation Plaintiff is without knowledge sufficient to
form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is
demanded at the trial of this case,
47, Denied, Paragraph 47 is denied because it is an improper legal conclusion and strict
proof thereof is demanded at the trial of this case,
2
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HBIPMAICANSWER TO NEW MATI'ER AND REQUEST FOR DECLARATORY JUDGMENT IDlSK 341 JUNE2S, 2001
'.
48, Denied, It is specifically denied that Plaintiff has not demonstrated there is coverage
under PMAIC's policy. It is averred that Plaintiff has demonstrated that there is coverage.
49, Denied. After reasonable investigation Plaintiff is without knowledge sufficient to
form a belief as to the truth ofthis averment and therefore it is denied and strict proof thereof is
demanded at the trial of this case.
50, Denied. It is specifically denied that PMAIC was not timely notified of the claim as
required by the policy conditions. Furthermore, it is denied that PMAIC has been prejudiced in
any manner in this matter.
51, Denied, After reasonable investigation Plaintiff is without knowledge sufficient to
form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is
demanded at the trial of this case,
52, Denied, After reasonable investigation Plaintiff is without knowledge sufficient to
form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is
demanded at the trial of this case,
53, Denied, After reasonable investigation Plaintiff is without knowledge sufficient to
form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is
demanded at the trial of this case.
54, Admitted in part and denied in part, It is admitted that there is another action filed
concerning the Declaratory Judgment Request in Montgomery County, but it is denied that that
action bars the present action,
55, Denied, No answer required.
3
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HBI PMAIC ANSWER TO NEW MATI'ER AND REQUEST FOR DECLARATORY JUDGMENT I DISK 341 JUNE 25, 2001
56. All answers to the Counterclaim referenced herein are incorporated herein by
reference.
WHEREFORE, Plaintiff requests this Honorable Court to deny the relief requested by
Defendant Pennsylvania Manufacturers' Association Insurance Company and grant the relief it
requested in the underlying Complaint.
ANSWER TO NEW MATTER AND COUNTERCLAIM
57, Admitted,
58, Admitted,
59, Denied as stated, This averment does not indicate what jurisdiction or what venue is
proper, It is admitted that a controversy does exist between the parties concerning their
respective rights and liabilities under applicable policies of insurance,
60. Admitted in part and denied in part, It is admitted that PMAlC issued a Commercial
General Liability Insurance to Hempt Bros, for a policy period from March 1, 1997, through
March 1, 1998, The rest of the averment is denied and strict proofthereofis demanded at the
trial of this case,
61. Denied, After reasonable investigation Hempt Bros. is without knowledge sufficient
to form a belief as to the truth of this averment and therefore it is denied and strict proof thereof
is demanded at the trial of this case,
62, Denied. After reasonable investigation Hempt Bros, is without knowledge sufficient
to form a belief as to the truth of this averment and therefore it is denied and strict proof thereof
is demanded at the trial of this case,
4
lIBl PMAlC ANSWER TO NEW MATI'ER AND REQUEST FOR DECLARATORY JUDGMENT I DISK 341 JUNE 25, 2001
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63, Denied, Paragraph 63 is a legal conclusion to which no answer is required, To the
extent an answer is required is denied, After reasonable investigation Hempt Bros. is without
knowledge sufficient to form a belief as to the truth of this averment and therefore it is denied
and strict proof thereof is demanded at the trial of this case,
64, Denied, Paragraph 64 is a legal conclusion to which no answer is required. To the
extent an answer is required is denied, After reasonable investigation Hempt Bros, is without
knowledge sufficient to form a belief as to the truth of this averment and therefore it is denied
and strict proof thereof is demanded at the trial of this case,
65, Denied. Paragraph 65 is a legal conclusion to which no answer is required, To the
extent an answer is required is denied, After reasonable investigation Hempt Bros, is without
knowledge sufficient to form a belief as to the truth of this averment and therefore it is denied
and strict proof thereof is demanded at the trial of this case,
66, Admitted.
67, Denied as stated. Hempt advised PMAIC that 20 or so sinkholes developed between
May, 1997, and October, 1997,
68. Admitted in part and denied in part, It is admitted that Hempt Bros, has advised
PMAIC that some sinkholes have developed after March 1,1998, It is specifically denied that
PMAIC's policy as it relates to those sinkholes expired,
69, Admitted,
70, Admitted.
COUNT I
71, Hempt Bros, incorporates its answers by reference hereto,
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RBI PMAIC ANSWER TO NEW MATTER AND REQUEST FOR DECLARATORY JUDGMENT 1 DISK 341 JUNE 25, 20tll
~
72, No answer required, To the extent an answer is required, Hempt Bros. has already
provided PMAIC with information in support of its claim and all evidence of the causes of the
sinkholes and is claiming that they occurred and are covered under the PMAIC policy in force,
73, Denied. It is specifically denied that the PMAIC policy does not apply to the
damages incurred in this matter.
74. Denied, It is specifically denied that the damage from the sinkholes which occurred
at the quarry after March, 1998, are not covered under the policy, Hempt Bros, incorporates the
averments of its Complaint as an answer to this averment.
75, Denied, It is specifically denied that the policy in question does not cover the
damages sustained by Hempt Bros" and Hempt Bros, incorporates the averments of its
Complaint filed hereto.
WHEREFORE, Hempt Bros, requests this Honorable Court to dismiss the requested
relief by Pennsylvania Manufacturers' Association Insurance Company and to grant the relief
requested by Hempt Bros,
COUNT II
76. Hempt Bros, incorporates by reference its answers to Paragraphs 57 through 65
herein,
77, Denied, It is specifically denied that PMAlC's policy contains exclusions which
preclude coverage.
78, Denied as stated, This averment is a legal conclusion to which no answer is required,
To the extent an answer is required, it is specifically denied that there is not coverage in this
matter due Hempt Bros. by PMAIC.
6
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HBI J'MAIC ANSWER TO NEW MAnER AND REQUEST FOR DECLARATORY JUDGMENT f DISK 34 f JUNE 25, 2001
79. Denied, It is specifically denied that Hempt Bros, has not demonstrated that there is
coverage under PMAIC's policy, Hempt Bros. has demonstrated that there is coverage due,
80, Denied. It is specifically denied that the PMAIC policy does not cover Hempt Bros,
for the claims made and that any coverage should be denied,
WHEREFORE, Hempt Bros, requests this Honorable Court to dismiss Pennsylvania
Manufacturers' Association Insurance Company's request for relief and grant the relief requested
by Hempt Bros, as filed in the Declaratory Judgment Action,
COUNT III
81, Hempt Bros, incorporates by reference its answers to Paragraphs 57 through 65 as if
more fully set forth herein,
82, Denied as stated, Hempt Bros, is unaware ofthe "concerns" that are alleged in this
averment and therefore they are denied, The Department of Environmental Protection did
contact Hempt Bros, concerning the sinkholes which form the basis of a claim against Hempt
Bros, for which insurance coverage is applicable, As a result of the actions of the Department of
Environmental Protection, Hempt Bros, has been required to change its quarrying operations
which have resulted in additional damages to Hempt Bros,
83, Denied, Paragraph 83 is a legal conclusion to which no answer is required, To the
extent an answer is required, it is specifically denied and strict proof thereof is demanded at the
trial of this case,
84, Denied, Paragraph 84 is a legal conclusion to which no answer is required. To the
extent an answer is required, it is specifically denied and strict proof thereof is demanded at the
trial of this case,
7
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HBIPMAIC ANSWER TO NEW MAITER AND REQUEST FOR DECLARATORY ruDOMENT I DISK 34 f ruNE 25, 2001
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85, Denied, Paragraph 85 is a legal conclusion to which no answer is required, To the
extent an answer is required, it is specifically denied and strict proof thereof is demanded at the
trial of this case,
86, Denied. Hempt Bros. has demonstrated that there is coverage under PMAIC's policy
which said coverage has been refused or denied by PMAIC.
87, Denied, No answer is required to this averment.
WHEREFORE, Hempt Bros, requests that the request for relief as contained herein be
denied and that the request for relief in the Declaratory Judgment action filed by Hempt Bros, be
granted,
Respectfully submitted,
~2
MICHAEL 1. BANGS
Attorney for Hempt Bros"
302 South 18th Street
Camp Hill, PA 17011
(717)730-7310
Supreme Court ID #41263
8
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HBI PMAIC ANSWER TO NEW MA'J"TfR AND REQlJESTPOR DECLARATORY JUDGMENT I DISK 34/JUNE 2~, 2001
VERIFICATION
GEORGE F, HEMPT, being duly sworn according to law, deposes and says that (s)he is
the President ofHEMPT BRaS" INe" a Pennsylvania corporation, the Plaintiff herein, and that
as such officer, he is authorized to make this Verification on its behalf and that the facts set forth
in the foregoing Answer are true and correct to the best of his knowledge, information and belief,
and further understands that false statements herein are made subject to the penalties of 18 Pa.
C,S, Section 4904, relating to unsworn falsification to authorities,
HEMPT BRaS" INC,
9
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HBI PMAIC ANSWER TO NEW MA'ITER AND REQUEST FOR DECLARATORY JUDGMENT 1 DISK 341 JUNE 25, 2001
,-
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have this day served the foregoing PLAINTIFF'S ANSWER
TO NEW MATTER AND REQUEST FOR DECLARATORY JUDGMENT OF DEFENDANT
PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY by
depositing a copy of same in the United States mail, postage prepaid, at Camp Hill,
Pennsylvania, addressed to the following:
Kathleen D. Wilkinson, Esquire
Wilson, Elser, Moskowitz, Edelman & Dicker
The Curtis Center, Suite 1130 East
Independence Square West
Philadelphia, PA 19106
James K. Thomas, II, Esquire
Thomas Thomas & Hafer
Post Office Box 999
Harrisburg, P A 17108
DATE:~
C[uplo1o
10
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David L. Schwalm, Esquire
Thomas, Thomas & Hafer, LLP
Attorney 1.0. # 32574
305 North Front Street
p, O. Box 999
Harrisbur9, PA 17108-0999
(717) 255-7643
Attorneys for Defendant
HEMPT BROS" INC"
Plaintiff,
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 2001-1434 CIVIL TERM
PENNSYLVANIA MANUFACTURERS'
ASSOCIATION INSURANCE
COMPANY and PENN NATIONAL
INSURANCE,
Defendants
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
NOTICE TO PLEAD
You are hereby notified to plead to the enclosed Answer with New Matter within
twenty (20) days from service hereof or a default judgment may be entered against you,
Respectfully submitted,
OMAS, THOMAS & HAFER, LLP
David L. walm, Esquire
I.D, No, 32574
305 North Front Street, 6th Floor
P,O, Box 999
Harrisburg, PA 17108-0999
(717) 255-7643
Attorneys for Penn National Mutual
Casualty Insurance Company
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David L. Schwalm, Esquire
Thomas, Thomas & Hafer, LLP
Attorney 1.0. # 32574
305 North Front Street
p, O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7643
Attorneys for Defendant
HEMPT BROS" INC"
Plaintiff,
v,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 2001-1434 CIVIL TERM
: CIVIL ACTION - LAW
PENNSYLVANIA MANUFACTURERS'
ASSOCIATION INSURANCE
COMPANY and PENN NATIONAL
INSURANCE,
Defendants
: JURY TRIAL DEMANDED
ANSWER AND NEW MATTER OF DEFENDANT
PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY
AND NOW, Defendant Pennsylvania National Mutual Casualty Insurance
Company, by its attorneys, Thomas, Thomas & Hafer, LLP, files this Answer and New
Matter to the Plaintiffs Complaint, as follows:
1, Admitted,
2, Admitted,
.3. Denied as stated, The correct name of Answering Defendant is
Pennsylvania National Mutual Casualty Insurance Company,
4, Although it is admitted that Defendant PMAIC issued a CGL policy to
Plaintiff Hempt for the policy period March 1, 1997 to March 1998, after reasonable
investigation, Defendant Penn National is without knowledge or information sufficient to
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form a belief as to the truth of the remaining averments of Paragraph 4 and proof
thereof is demanded,
5, Admitted, By way of further answer, Defendant Penn National avers that
the terms and conditions of said policies speak for themselves,
6, Admitted,
7, Admitted,
8, Admitted,
9. Denied, After reasonable investigation, Defendant Penn National is
without knowledge or information sufficient to form a belief as to the truth of the
averments of Paragraph 9 and proof thereof is demanded. To the contrary, Defendant
Penn National believes that all subsequent sinkholes were a continuation of a prior
existing conditions,
10, Admitted,
11, Denied, as stated. Although it is admitted that Plaintiff Hempt has made a
claim to Penn National, Defendant Penn National specifically denies that it has any legal
or contractual obligation to pay for those expenses,
12, Denied as stated, Although it is admitted that Plaintiff Hempt advised
Penn National advised Penn National of these claims, Defendant Penn National
specifically denies that it has any legal or contractual obligation to pay for those claims,
To the contrary, Defendant Penn National believes and avers that those sinkholes were
a continuation of the prior existing conditions,
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13, Denied as stated, Although it is admitted that Plaintiff Hempt advised
Penn National that incurred said fees and costs, Defendant Penn National specifically
denies that it has any legal or contractual obligation to pay for those expenses,
14, Denied as stated, Although it is admitted that Plaintiff advised Penn
National that it entered into a Consent Decree with DEP, Defendant Penn National
specifically denies that it has any legal or contractual obligation with respect to the
Consent Decree,
COUNT I - HEMPT v PMAIC
15 - 28. Since the averments of Paragraphs 15 through 28 are directed
against D!'lfendant PMAIC and not Defendant Penn National, no answer is required
thereto by Defendant Penn National.
COUNT 11- HEMPT v PENN NATIONAL
29, By way of answer, Defendant Penn National incorporates herein by
reference the averments and denials contained in Paragraphs 1 through 14 of the
Answer and New Matter.
30. Denied as stated, Although it is admitted that Plaintiff Hempt was aware
of the sinkhole problem and pending claims prior to the issuance of the first Penn
National policy, Defendant Penn National specifically denies the remaining averments of
Paragraph 30,
31, Admitted,
32, Admitted,
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33, Denied, After reasonable investigation, Defendant Penn National is
without knowledge or information sufficient to form a belief as to the truth of the
averments of Paragraph 33 and proof thereof is demanded,
34, Paragraph 34 states conclusions of law to which no answer is required
under the applicable rules of civil procedure, To the extent an answer is required,
Defendant Penn National specifically denies that its policies apply to the damages
sustained by Plaintiff Hempt.
WHEREFORE, Defendant Pennsylvania National Mutual Casualty Insurance
Company respectfully requests that Plaintiff's Complaint be dismissed as to it.
NEW MATTER
35, Under the commercial general liability policies issued by Penn National,
Penn National provided coverage for personal injury and property damage liability as
follows:
a, We will pay those sums that the insured becomes legally obligated
to pay as damages because of "bodily injury" or "property damage"
to which this insurance applies.
b, This insurance applies to "bodily injury" and "property damage" only
if
(2) the "bodily injury" or "property damage" occurs during the
policy,
36, In this case, the "property damage" alleged caused by Plaintiff Hempt
occurred prior to the inception date of the policies issued by Defendant Penn National
and Plaintiff Hempt would not be entitled to coverage under the terms of the said
policies,
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37. Said policies define occurrence as "an accident, including continuous or
repeated exposure to substantially the same general harmful conditions,"
38, To the extent that it is determined that the sinkholes were not as a result
of an accident, coverage would be excluded under the terms of the Defendant Penn
National's policies.
39, Pursuant to the doctrine of fortuity, Plaintiff Hempt Bros, cannot insure
itself against something that has begun and is known before such insurance is
purchased,
40, Liability coverage, if any, for those losses would exist under the liability
policy in effect when the sinkholes commenced,
41, The Penn National policies contained the following exclusions:
a, Expected or intended injury, "Bodily injury" or "property
damage" expected or intended from the standpoint of the
insured,
f, Pollution
(1) "Bodily injury" or "property damage" arising out
of the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of pollutants:
(a) At or from any premises, site or location
which is or was at any time owned or
occupied by, or rented or loaned to, any
insured;
(b) At or from any premises, site or location
which is or was at any time used by or
for any insured or others for the
handling, storage, disposal, processing
or treatment of waste;
(c) Which are or were at any time
transported, handled, stored, treated,
,* ,~,." .",'r."'^,"''''-'-''''' - ,',-",'" -_"il>.""'F,"",-ir",,,:^,,~,~,,:',"~.sI;;i;""'i; "iJi,'iili;; "~" '<,--"U
disposed of, or processed as waste by
or for any insured or any person or
organization for whom you may be
legally responsible; or
(d) At or from any premises, site or location
on which any insured or any contractors
or subcontractors working directly or
indirectly on any insured's behalf are
performing operations:
(i) If the pollutants are brought on or
to the premises, site or location in
connection with such operations
by such insured, contractor or
subcontractor; or
(ii) If the operations are to test for,
monitor, clean up, remove,
contain, treat, detoxify or
neutralize, or in any way respond
to, or assess the effects of
pollutants,
Subparagraph (d)(i) does not apply to
"bodily injury" or "property damage"
arising out of the escape of fuels,
lubricants or other operating fluids which
are needed to perform the normal
electrical, hydraulic or mechanical
functions necessary for the operation of
"mobile equipment" or its parts, if such
fuels, lubricants or other operating fluids
escape from a vehicle part designed to
hold, store or receive them, This
exception does not apply if the fuels,
lubricants or other operating fluids are
intentionally discharged, dispersed or
released, or if such fuels, lubricants or
other operating fluids are brought on or
to the premises, site or location with the
intent to be discharged, dispersed or
released as part of the operations being
performed by such insured, contractor
or subcontractor.
,_, _.. '~~'O ',""'__~" ,_~, ~'~M"'''-ro_''~ -_'~'~~'."~_ _"""";';" '.' ?"j
Subparagraphs (a) and (d)(i) do not
apply to "bodily injury" or "property
damage" arising out of heat, smoke or
fumes from a hostile fire,
As used in this exclusion, a hostile fire
means one which becomes
uncontrollable or breaks out from where
it was intended to be,
(2) Any loss, cost or expense arising out of any:
(a) Request, demand or order that any
insured or others test for, monitor, clean
up, remove, contain, treat, detoxify or
neutralize, or in any way respond to, or
assess the effects of pollutants; or
(b) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or in
any way responding to, or assessing the
effects of pollutants,
Pollutants means any solid, liquid, gaseous or thermal
irritant or contaminant, including smoke, vapor, soot,
fumes, acids, alkalis, chemicals and waste, Waste
includes materials to be recycled, reconditioned or
reclaimed,
j, Damage to Property
"Property damage" to:
(1) Property you own, rent, or occupy;
(2) Premises you sell, give away or abandon, if the
"property damage"arises out of any part of
those premises;
(3) Property loaned to you;
(4) Personal property in the care, custody or
control of the insured;
~-,~. ~-, - ~~ .~' '-'.,~,,< ",,"<,~,..,--._--,
>"~.,,., ","'"'-,"",',",,,--,,",,,;-;^,,,~''' "M,~,__<
",'--j
A
(5) That particular part of real property on which
you or any contractors or subcontractors
working directly or indirectly on your behalf are
performing operations, if the "property damage"
arises out of those operations; or
(6) That particular part of any property that must
be stored, repaired or replaced because "your
work" was incorrectly performed on it.
Paragraph (2) of this exclusion does not apply if the
premises are "your work" and were never occupied,
rented or held for rental by you,
Paragraphs (3), (4), (5) and (6) of this exclusion do
not apply to liability assumed under a sidetrack
agreement.
Paragraph (6) of this exclusion does not apply to
"property damage" included in the "products-
completed operations hazard",
k, Damage to Your Product
"Property damage" to "your work" arising out of it or
any part of it.
I. Damage to Your Work
"Property damage" to "your work" arising out of it or
any part 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 a subcontractor.
m, Damage to Impaired Property or Property Not Physically
Injured
"Property damage" to "impaired property" or property
that has not been physically injured, arising out of:
(1) A defect, deficiency, inadequacy or dangerous
condition in "your product" or "your work"; or
, , '.~ - ,-,"."~,'''',~",. ~'. ,',",.'C<". '"",",<--_.<"",'"_ .-~.' ,'c.'. ,~"-"",",,,,,,"-,"~")';"E,"".-.;",
(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 exclusion does not apply to the loss of use of
other property arising out of sudden and accidental
physical injury to "your product" or "your work" after it
has been put to its intended use,
n, Recall of Products, Work or Impaired Property
Damages claimed for any loss, cost or expense
incurred by you or others for the loss of use,
withdrawal, recall, inspection, repair, replacement,
adjustment, removal or disposal of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
if such product, work, or property is withdrawn or
recalled from the market or from use by any person or
organization because of a known or suspected defect,
deficiency, inadequacy or dangerous condition in it.
Exclusions c, through n, do not apply to damage by
fire to premises while rented to you or temporarily
occupied by you with permission of the owner. A
separate limit of insurance applies to this coverage as
described in LIMITS OF INSURANCE (Section III),
42, To the extent these exclusions apply, Penn National does not have any
obligation to defend or indemnify Plaintiff Hempt with respect to these claims,
43. The sinkhole problems arose from conditions which Plaintiff Hempt
understood were present prior to the inception of the Penn National policies,
44, Plaintiff Hempt had knowledge of the likelihood of problems with sinkholes
prior to obtaining insurance coverage from Defendant Penn National.
. ",,,. ~,,,'..' ""',I",,~;',,,: -""">',,""",,,"',.,~ . ,,,,,",,,, "-.~~"--"'" '""<,~"'.,,,." ''',_,',
45, Plaintiff Hempt had knowledge of the likelihood of exposure to liability and
damages resulting from the sinkholes at the time coverage was issued by Defendant
Penn National.
46, Plaintiff Hempt failed to provide timely notice of a claim to Defendant Penn
National, which failure to provide timely notice has prejudiced Defendant Penn National.
47, Defendant Penn National reserved all rights and coverage defenses under
the terms, conditions, provisions and exclusions of its policies,
WHEREFORE, Defendant Pennsylvania National Insurance Company
respectfully requests that Plaintiff's Complaint be dismissed as to it.
Respectfully submitted,
Jo--k- 1/l1- 01
~~:HAFE~LLP
. aVid L. Schwalm, Esquire
I.D, No, 32574
305 North Front Street, 6th Floor
P,O, Box 999
Harrisburg, PA 17108-0999
(717) 255-7643
Attorneys for Penn National Mutual
Casualty Insurance Company
:136179.1
,
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CERTIFICATE OF SERVICE
I, David L. Schwalm, Attorney for Thomas, Thomas & Hafer, LLP, hereby certify
that a copy of the foregoing document was served upon the following, by enclosing a true
and correct copy in an envelope addressed as follows, postage prepaid:
Michael L. Bangs, Esq.
302 South 18th Street
Camp Hill, PA 17011
Kathleen 0, Wilkinson, Esq,
Wilson, Elser, Moskowitz, Edelman & Dicker
The Curtis Center
Suite 1130 East
Independence Square West
Philadelphia, PA 19106
THOMAS, THOMAS & HAFER, LLP
Date: '7-17- o[
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Attorney 1.0, # 32574
305 North Front Street
p, 0, Box 999
Harrisburg, PA 17108-0999
(717) 255-7643
Attorneys for Penn National Mutual
Casualty Insurance Company
>b'
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HEMPT BROS" INC"
Plaintiff
)
)
)
)
)
PENNSYL VANIA MANUFACTURERS' )
ASSOCIATION INSURANCE )
COMPANY and PENN NATIONAL )
INSURANCE, )
)
vs,
Defendants
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO, 2001-1434 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PLAINTIFF'S ANSWER TO NEW MATTER OF DEFENDANT
PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY
35, Denied, After reasonable investigation, Hempt Bros, is without sufficient knowledge
to form a belief as to the truth of this averment and therefore it is denied and strict proof thereof
is demanded at the trial of this case,
36, Denied. Paragraph 36 is a legal conclusion to which no answer is required, but to the
extent an answer is required, it is denied. It is averred that property damage has occurred during
the period when both Pennsylvania Manufacturers' Association Insurance Company and Penn
National had policies in force and continues to occur and that the sole issue to be determined by
this Court is whether or not the property damage is a continuation of occurrences that occurred
during the PMAIC policy or whether they are determined to be new and distinct property
damage under the Penn National policy.
37, Denied, After reasonable investigation Hempt Bros, is without knowledge sufficient
to form a belief as to the truth of this averment and therefore it is denied and strict proof thereof
is demanded at the trial of this case,
I
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wf~!
38, Denied. Paragraph 38 is a legal conclusion to which no answer is required. To the
extent an answer is required, it is denied and strict proof of this averment is demanded at the trial
of this case.
39, Denied, Paragraph 39 is a legal conclusion to which no answer is required, To the
extent an answer is required, it is denied and strict proof of this averment is demanded at the trial
of this case,
40, Denied, Paragraph 40 is a legal conclusion to which no answer is required, To the
extent an answer is required, it is specifically denied.
41, Denied, After reasonable investigation, Hempt Bros, is without knowledge sufficient
to form a belief as to the truth of this averment and therefore it is denied and strict proof thereof
is demanded at the trial of this case,
42. Denied, Paragraph 42 is a legal conclusion to which no answer is required, To the
extent an answer is required it is specifically denied.
43, Denied as stated, Both Plaintiff Hempt and Defendant Penn National were aware of
the existence of sinkholes at the inception of the Penn National policies, Penn National issued
insurance coverage with the knowledge ofthe sinkhole developments and in no way excluded
any coverage for these sinkholes, if it later was determined that the sinkhole development and
related property damage would be covered under the applicable policies of insurance issued to
Hempt Bros" Inc., by Peun National,
44, Denied as stated, Hempt Bros, was aware of the sinkholes at the time that it obtained
insurance coverage from Defendant Penn National as was Defendant Penn National also aware
of the development of sinkholes, Hempt Bros, had not completed any of its investigation as to
2
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.,
the cause of the sinkholes at the time of obtaining coverage from Defendant Penn National,
Furthermore, Penn National issued policies of insurance to Hempt Bros, knowing of the existing
sinkholes and it did not exclude any coverage for those sinkholes when it issued the applicable
insurance policies.
45, Denied as stated. Plaintiff Hempt had knowledge of the development of sinkholes
but was unaware of the "likelihood of exposure to liability and damages resulting from the
sinkholes at the time the coverage was issued by Defendant Penn National," Plaintiff Hempt was
investigating the cause of the sinkholes and the extent of its liability and property damage had
yet to be fully determined at the time that coverage was issued by Defendant Penn National,
Defendant Penn National was aware of the sinkholes that had developed at the time it issued its
policies of insurance to Plaintiff Hempt and was aware of any potential liability and damages
resulting from the sinkholes at the time it issued those policies, yet it did not exclude any
coverage under its policies for any resulting damages or liabilities from the sinkholes when it
issued those policies of insurance to Plaintiff Hempt.
46, Denied, It is specifically denied that Plaintiff Hempt failed to provide timely notice
of a claim to Defendant Penn National or that Defendant Penn National has been prejudiced by
the failure to provide timely notice, It is specifically averred that Plaintiff Hempt has always
fully informed Defendant Penn National of any claims that have been made against it and that
Defendant Penn National is fully aware of the existence of sinkholes and the formation of
additional sinkholes during the time that insurance coverage was provided by Penn National.
47, Denied, No response is required to this averment.
3
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WHEREFORE, Plaintiff requests that the request for relief by Defendant Penn National
Insurance Company be denied and that the requested relief be granted as contained in Plaintiff's
Complaint.
MIC EL L. BANGS
Attorney for Plaintiff
302 South 18th Street
CampHill,PA 17011
(717)730-7310
Supreme Court ID #41263
4
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have this day served the foregoing Plaintiff's Answer to
New Matter of Defendant Pennsylvania National Mutual Casualty Insurance Company by
depositing a copy of same in the United States mail, postage prepaid, at Camp Hill,
Pennsylvania, addressed to the following:
Kathleen D, Wilkinson, Esquire
Wilson, Elser, Moskowitz, Edelman & Dicker
The Curtis Center, Suite 1130 East
Independence Square West
Philadelphia, P A 19106
David 1. Schwalm, Esquire
Thomas, Thomas & Hafer
305 North Front Street
Post Office Box 999
Harrisburg, PA 17108-0999
DATE: 1/:2::)01
~
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David L. Schwalm, Esquire
Thomas, Thomas & Hafer, LLP
Attorney I.D, # 32574
305 North Front Street
p, 0, Box 999
Harrisburg, PA 17108-0999
(717) 255-7643
Attorneys for Defendant
L~
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HEMPT BROS" INC"
Plaintiff,
v.
PENNSYLVANIA MANUFACTURERS'
ASSOCIATION INSURANCE
COMPANY and PENN NATIONAL
INSURANCE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 2001-1434 CIVIL TERM
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
PRAECIPE TO ATTACH VERIFICATION
Please attach the Verification of Tom Maurer, an authorized representative of
Defendant Pennsylvania National Mutual Insurance Company, to the Answer and New
Matter filed on behalf of Defendant Penn National in the above matter.
Date: 1 ~1..1-'D \
:138705,1
Respectfully submitted,
~S&HAFER.LLP
b . \ C l...9--
DaVid L. Schwalm, Esquire
Attorney 1.0. No. 32574
305 North Front Street, 6th Floor
P.O, Box 999
Harrisburg, PA 17108-0999
(717) 255-7643
Attorneys for Pennsylvania National
Mutual Casualty Insurance Company
--
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.
.
,
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VERIFICATION
I, Tom Maurer, an authorized representative of Pennsylvania National Mutual
Insurance Company, hereby verify that the averments made in the foregoing document
are true and correct to the best of my knowledge, information and belief, I understand
that false statements herein are made subject to the penalties of 18 Pa,C.S.A. 4904
relating to unswom falsification to authorities.
Date: 7/ B-l.j ! e...OC/{
:137799,1
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CERTIFICATE OF SERVICE
I, David L. Schwalm, Attorney for Thomas, Thomas & Hafer, LLP, hereby certify
that a copy of the foregoing document was served upon the following, by enclosing a true
and correct copy in an envelope addressed as follows, postage prepaid:
Michael L. Bangs, Esq,
302 South 18th Street
Camp Hill, PA 17011
Kathleen 0, Wilkinson, Esq.
Wilson, Elser, Moskowitz, Edelman & Dicker
The Curtis Center
Suite 1130 East
Independence Square West
Philadelphia, PA 19106
THOMAS, THOMAS & HAFER, LLP
Date: 1 - 'VI -0 \
David L. chwalm, Esquire
Attorney 1.0, # 32574
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7643
Attorneys for Pennsylvania National Mutual
Casualty Insurance Company
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David L. Schwalm, Esquire
Thomas, Thomas & Hafer, LLP
Attorney 1.0. # 32574
305 North Front Street
P. 0, Box 999
Harrisburg, PA 17108-0999
(717) 255-7643
Attorneys for Defendant
__'C ,-- H"" ,~ '""'N ,'- ~","',-"-~--"~~''''''.,^,,,,(,,-..- <', "-'~""'i'j~'
HEMPT BROS" INC"
Plaintiff,
v,
PENNSYLVANIA MANUFACTURERS'
ASSOCIATION INSURANCE
COMPANY and PENN NATIONAL
INSURANCE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-1434 CIVIL TERM
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
PRAECIPE TO ATTACH VERIFICATION
Please attach the Verification of Tom Maurer, an authorized representative of
Defendant Pennsylvania National Mutual Insurance Company, to the Answer and New
Matter filed on behalf of Defendant Penn National in the above matter.
Date: 1 ~')..1--o \
:138705.1
Respectfully submitted,
OMAS, THOMAS & HAFER, LLP
\
DaVid L. Schwalm, Esquire
Attorney 1.0, No, 32574
305 North Front Street, 6th Floor
P,O, Box 999
Harrisburg, PA 17108-0999
(717) 255-7643
Attorneys for Pennsylvania National
Mutual Casualty Insurance Company
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"'~~'~ ... "-- . , "_""'J""""""'-",~'~~H"*""~=,...'~ .,'", ", ..J0;""..;
VERIFICATION
I, Tom Maurer, an authorized representative of Pennsylvania National Mutual
Insurance Company, hereby verify that the averments made in the foregoing document
are true and correct to the best of my knowledge, information and belief, I understand
that false statements herein are made subject to the penalties of 18 Pa.C,SA 4904
relating to unsworn falsification to authorities,
Date: 7/ B.4 / B.,oC/(
, I
:137799,1
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CERTIFICATE OF SERVICE
I, David L. Schwalm, Attorney for Thomas, Thomas & Hafer, LLP, hereby certify
that a copy of the foregoing document was served upon the following, by enclosing a true
and correct copy in an envelope addressed as follows, postage prepaid:
MichaelL, Bangs, Esq,
302 South 18th Street
Camp Hill, PA 17011
Kathleen 0, Wilkinson, Esq,
Wilson, Elser, Moskowitz, Edelman & Dicker
The Curtis Center
Suite 1130 East
Independence Square West
Philadelphia, PA 19106
Date: 1-');;-0\
THOMAS, THOMAS & HAFER, LLP
~~..
David L. chwalm, Esquire
Attorney 1.0, # 32574
305 North Front Street
p, 0, Box 999
Harrisburg, PA 17108-0999
(717) 255-7643
Attorneys for Pennsylvania National Mutual
Casualty Insurance Company
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HEMPT BROS, INC"
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V,
PENNSYLVANIA MANUFACTURERS'
ASSOCIATION INSURANCE
COMPANY AND PENN NATIONAL
INSURANCE,
DEFENDANTS : 01-1434 CIVIL TERM
---------------------------------------------------------------------------------------------------.
PENNSYLVANIA MANUFACTURERS' : IN THE COURT OF COMMON PLEAS OF
ASSOCIATION INSURANCE : CUMBERLAND COUNTY, PENNSYLVANIA
COMPANY,
PLAINTIFF
V,
HEMPT BROS, INC"
DEFENDANT
: 02-0611 CIVIL TERM (CONSOLIDATED)
ORDER OF COURT
a
AND NOW, this
day of April, 2003, upon relation by counsel,
the trial scheduled for May 22, 2003, IS CONTINUED GENERALLY to the call of any
party ,
A'ael L. Bangs, Esquire
For Hempt Bros" Inc,
~Ieen D, Wilkinson, Esquire
For Pennsylvania Manufactures' Association
Insurance Company
. ~an C, Deisher, Esquire
For Penn National Insurance
Court Administrator
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
HEMPT BROTHERS, INC"
Plaintiff
NO, 2001-1434
v,
CIVIL ACTION - LAW
PENNSYLVANIA MANUFACTURERS'
ASSOCIATION INSURANCE COMPANY
and PENN NATIONAL INSURANCE,
Defendants
OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21
Defendant Pennsylvania Manufacturers' Association Insurance Company (pMAIC)
objects to the proposed subpoena that is attached to these objections for the following reasons:
1. The subpoena is directed to Almes & Associates, Inc" Consulting Engineers, who
were retained by PMAlC to assist in the investigation regarding causes of sinkholes which
developed near Hempt Brothers' Camp Hill Quarry and for which Hempt made a claim for
reimbursement of costs to repair.
2, The documents requested contain information protected by Pa.R.C,P 4003.3,
3, In particular, the documents include the mental impressions, conclusions and opinions
respecting the value or merit of the claim and defense and respecting strategy and tactics of
representatives ofPMAIC,
4, In addition, PMAIC has not decided whether Almes & Associates will serve as an
expert witness and testify at trial in this litigation,
5, If Almes & Associates will serve as an expert witness, PMAIC will produce all
responsive documents other than those protected from discovery by Pa,R.C,P, 4003.3 and
4003.5,
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER. SUITE 1130 EAST' INDEPENDENCE SQUARE WEST. PHILADELPHIA, PA 19106
72163.1 PHONE: (215) 627-6900. FAX: (215) 627-2665
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6, If Almes & Associates will not testify as iIIl expert witness at trial, then co-defendant
Penn National is not entitled to the documents requested in the subpoena pursuant to Pa,R.C,P
4003,5(a)(3),
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
BY: ?f'J~(~' ,
KatWeen D, Wi nson, Esquire
Attorney LD, No. 34579
The Curtis Center, Suite 1130 East
Philadelphia, PA 19106
(215) 627-6900
Attorney for Defendant
Pennsylvania Manufacturers' Association Ins, Co,
DATED:
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER. SUITE 1130 EAST' INDEPENDENCE SQUARE WEST. PHILADELPHIA, PA 19106
PHONE: (215) 627-6900. FAX: (215) 627-2665
72163.1
...;,. ,.
\
HEMPT BROTHERS, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA
Plaintiff
v,
CIVIL DIVISION - LAW
PENNSYLVANIA MANUFACTURERS
ASSOCIATION INSURANCE COMPANY
and PENN NATIONAL INSURANCE,
Defendants
JURY TRIAL DEMANDED BY
JURY OF TWELVE [12] PERSONS
NO. 2001-1434
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TO:
Records Custodian
Almes & Associates, Inc., Consulting Engineers
Northern Region
Four Triangle Lane, Suite 200
Export, PA 15632-9255
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following docwnents or things: Complete copies of anv and all documents related to. anv and all work
done for Hempt Brothers. Inc.. bv or on behalf of Almes & Associates. Inc. at: Thomas, Thomas &
Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, P A 17108
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above,
You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its
service, the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISS1JED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: David L. Schwalm, Esquire
ADDRESS: P,O, Box 999, Harrisburg, PA 17108
TELEPHONe: (717) 255-7643
SUPREME COURTID#: 36510
ATTORNEY FOR: Defendant Penn National Insurance
BY THE COURT:
DATE:
: 157842,2
Prothonotary/Clerk, Civil Division
Seal of the Court:
Deputy
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CERTIFICATE OF SERVICE
I hereby certify that I served a copy of the foregoing Objections to Subpoena Pursuant to
Pa,R,C,P 4009,21 upon the following, by first class mail, postage prepaid:
Michael L. Bangs, Esquire
Attorney at Law
302 S, 18th Street
Camp Hill, P A 17011
James K. Thomas, II, Esquire
Thomas, Thomas & Hafer
305 N, Front Street
P,O. Box 999
Harrisburg, PA 17101
~~~"-
Ka een D. Wllkmson, Esqmre
Dated:
9-1;FIIUr
64986.1 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST' INDEPENDENCE SQUARE WEST' PHILADELPHIA, PA 19106
PHONE: (215) 627-6900' FAX: (215) 627-2665
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THOMAS, THOMAS & HAFER, LLP
By: Jonathan C. Deisher, Esquire
Attorney Identification No. 67287
3400 Bath Pike, Suite 201
Bethlehem, PA 18017
Phone: 610-868-1675
Fax: 610-868-1702
Attorney for:
Defendant PENN NATIONAL INSURANCE
HEMPT BROTHERS, INC.,
-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA
Plaintiff
v.
CIVIL DIVISION - LAW
PENNSYLVANIA MANUFACTURERS
ASSOCIATION INSURANCE COMPANY and
PENN NATIONAL INSURANCE,
Defendants
JURY TRIAL DEMANDED BY
JURY OF TWELVE [12] PERSONS
NO. 2001-1434
CERTIFICATE.
PREREQUISITE TOSERVICE OF SUBPOENAS
PURSUANT to RULE 4009.22
As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22,
Defendant, Penn National Insurance, certifies that:
1. A Notice of Intent to Serve Subpoenas with copies of the subpoenas attached thereto
was mailed or delivered to each party;
2. A copy of the Notice of Intent, including the proposed subpoenas, is attached to this
Certificate;
3. Plaintiff has objected to two subpoenas directed to Peffer Geotecnnical Corporation
and Almes and Associates, Inc., which will not be included with the remaining
subpoenas to be served pursuant to the attached Notice of Intent to Serve Subpoenas;
4. The subpoenas which will be served are identical to the subpoenas which are
attached to the Notice of Intent to Serve Subpoenas.
By:
ThO~'\i. 5, Thomas & HCLLP
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'''In._. J!. , , "A>
James K. Thomas, II, squire; -, -
1.0. No. 15613
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7116
Attorneys for Defendant
PENN NA T10NAL INSURANCE
:157877.1
~
THOMAS, THOMAS & HAFER, LLP
By: Jonathan C. Deisher, Esquire
Attorney Identification No. 67287
3400 Bath Pike, Suite 201
Bethlehem, PA 18017
Phone: 610-868-1675
Fax: 610-868-1702
Attorney for:
Defendant PENN NATIONAL INSURANCE
HEMPT BROTHERS, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA
Plaintiff
v.
CIVIL DIVISION - LAW
PENNSYLVANIA MANUFACTURERS
ASSOCIATION INSURANCE COMPANY
and PENN NATIONAL INSURANCE,
JURY TRIAL DEMANDED BY
JURY OF TWELVE [12] PERSONS
Defendants
NO. 2001-1434
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TO: Counsel and Parties of Record
Defendant, Penn National Insurance, intends to serve subpoenas identical to
the ones attached to this notice. You have twenty (20) days from the date listed below in
which to file of record and serve upon the undersigned an objection to the subpoenas. If
no objection is made, the subpoenas may be served.
THOMAS, THOMAS & HAFER, LLP
BY:c--\~
James K. Thomas, II, Esquire
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7116
Attorneys for Oefendant Penn National Insurance
Date: February~, 2002
:157837.1
HEMPT BROTHERS, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA
CIVIL DIVISION - LAW
v.
PENNSYLVANIA MANUFACTURERS
ASSOCIATION INSURANCE COMPANY
and PENN NATIONAL INSURANCE,
Defendants
JURY TRIAL DEMANDED BY
JURY OF TWELVE [12] PERSONS
NO. 2001-1434
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TO:
Records Custodian
State Correctional Institute
2500 Lisburn Road
CampHill,PA 17001-4531
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things: ComDlete cODies of any and all docnments related to sinkhole .
develoument alom! Cedar Run, in or about the area of the HemDt Brothers. Inc. Ouarry in Camu
Hill. Pennsylvania at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O, Box 999, Harrisburg,
PA 17108.
You ,may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above.
You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its
service, the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT TIIE REQUEST OF TIIE FOLLOWING PERSDN:
NAl\ffi: David L. Schwalm, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108
TELEPHONE: (717) 255-7643
SUPREME COURT ID NO.: 36510
ATTORNEY FOR: Defendant Penn National Insurance
BY THE COURT:
DATE:
: 157842.6
Prothonotary/Clerk, Civil Division
Seal of the Court:
Deputy
HEMPT BROTHERS, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA
Plaintiff
v.
CIVIL DIVISION - LAW
PENNSYLVANIA MANUFACTURERS
ASSOCIATION INSURANCE COMPANY
and PENN NATIONAL INSURANCE,
Defendants
JURY TRIAL DEMANDED BY
JURY OF TWELVE [12] PERSONS
NO. 2001-1434
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TO:
Records Custodian
Pennsylvania Department of Corrections
2520 Lisburn Road
Camp Hill, PA ]700]-0598
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things: Complete copies of anv and all documents related to sinkhole
development alon!! Cedar Run. in or about the area of the Heropt Brothers. Inc. Ouarrv in Camp
Hill. Pennsvlvania at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg,
PA 17108.
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above.
You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its
service, the party serving tIus subpoena may seek a court order compelling you to comply with it.
TI-llS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: David L. Schwalm, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108
TELEPHONE: (7] 7) 255-7643
SUPREM:ECOURTID#: 36510
ATTORl\'EY FOR: Defendant PelID National Insurance
BY THE COURT:
DATE:
: ] 57842.5
Prothonotary/Clerk, CivIl Division
Seal of the Court:
Deputy
HEMPT BROTHERS, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA
Plaintiff
v.
CIVIL DIVISION - LAW
PENNSYLVANIA MANUFACTURERS
ASSOCIATION INSURANCE COMPANY
and PENN NATIONAL INSURANCE,
Defendants
JURY TRIAL DEMANDED BY
JURY OF TWELVE [12] PERSONS
NO. 2001-1434
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TO:
Records Custodian
Lower Allen Township
1993 Hwnmel Avenue
Camp Hill, PA 17011
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things: Comolete cooies of any and all documents related to sinkhole
develooment alonl! Cedar Run. near the Hewot Brothers. Inc.. Ouarrv in Camo 'Hill. Pennsvlvania
at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108.
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above.
You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its
service, the party serving this subpoena may seek a court order compelling you to comply with it.
TillS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLO\VING PER'SON:
NAl\1E: David L. Schwalm, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108
TELEPHONE: (717) 255-7643
SUPREME COURTID#: 36510
ATTORNEY FOR: Defendant Penn National Insurance
BY THE COURT:
DATE:
: 157842.4
Prothonotary/Clerk, Civil Division
Seal of the Court:
Deputy
HEMPT BROTHERS, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA
Plaintiff
v.
CIVIL DIVISION - LAW
PENNSYLVANIA MANUFACTURERS
ASSOCIATION INSURANCE COMPANY
and PENN NATIONAL INSURANCE,
Defendants
JURY TRIAL DEMANDED BY
JURY OF TWELVE [12] PERSONS
NO. 2001-1434
:"i""" ~, SlmPOENA TO""PRODQCE,DOCUMENTS OR TIDNGS
~::;;':;~~~\~''':ifo~fjWC~'''YEi~.Ylu.B$1JANrT9-RlJLE,4009.:h~-.:, .
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TO:
Records Custodian
Peffer Geotechnical Corporation
700 Pinetown Road
Lewisberry, PA 17339
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things: Comolete cooies of any and all documents related. in any way. to work
done by Peffer Geotechnical Corooration rel!:ardinl!: sinkholes in or about Cedar Run. near the Camo
Hill Quarry of He mot Brothers, Inc. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box
999, Harrisburg, P A 17108.
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above.
You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its
service, the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: David L. Schwalm, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108
TELEPHO}[E:(717)255-7643
SUPREME COURT ID#: 36510
ATTORNEY FOR: Defendant Penn National Insurance
BY THE COURT:
DATE:
: 157842.3
Prothonotary/Clerk, Civil Division
Seal of the Court:
Deputy
. .
HEMPT BROTHERS, INC.,
- --- --"-.- -'- -~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,' PA
Plaintiff
v.
CIVIL DIVISION - LAW
PENNSYLVANIA MANUFACTURERS
ASSOCIATION INSURANCE COMPANY
and PENN NATIONAL INSURANCE,
Defendants
JURY TRIAL DEMANDED BY
JURY OF TWELVE [12] PERSONS
NO. 2001-1434
:S."",UB"."',.."""R,.,;(t~:J:\!.t\,,;r,,j,~), ~t..~,DP",,~,GJ!; l!O,."..~PME, ..:,N,.1".~QR,::':r, m~,:~S:,.
,Ff!FOR'j)"/rco"iKYPUBSUANT 'i'O:RUi/E40ir.Z"';'~
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TO:
Records Custodian
Almes & Associates, Inc., Consulting Engineers
Northem Region
Four Triangle Lane, Suite 200
Export, PA 15632-9255
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things: Comolete cooies of anv and all docnments related to anvand all work
done for Hemot Brothers. Inc.. bv or on bebalf of Almes & Associates. Inc. at: Thomas, Thomas &
Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisbnrg,PA 17108
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above.
You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its
service, the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF TIlE FOLLOWING PERSON:
NAME: David L. Schwalm, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108
TELEPHOJ\'E: (717) 255-7643
SUPREME COURT ID#: 36510
ATTORNEY FOR: Defendant Penn National Insurance
BY TIlE COURT:
DATE:
: 157842.2
Prothonotmy/Clerk, Civil Division
Seal of the Court:
Deputy
HEMPT BROTHERS, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA
Plaintiff
v.
CIVIL DIVISION - LAW
PENNSYLVANIA MANUFACTURERS
ASSOCIATION INSURANCE COMPANY
and PENN NATIONAL INSURANCE,
Defendants
JURY TRIAL DEMANDED BY
JURY OF TWELVE [12] PERSONS
NO. 2001-1434
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TO:
Record Custodian
K. R. MacDonald, Inc.
4900 Derry Street
Harrisburg, P A 17111-0500
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things: Comnlete conies of any and all documents related to Hemnt Brothers.
Inc.. and anvand all documents related to the nnrchase of insnrance from Penn National Insurance
and Peunsvlvania Manufacturers Insurance Co. at: Thomas, Thomas & Hafer, r,LP, 305 N. Front
St., P.O. Box 999, Harrisburg, P A 17108
You may deliver or mail legible copies of the documents or produce tIrings requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above.
You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its
service, the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING 'PERSDN:
NAME: David L. Schwalm, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108
TELEPHONE: (717) 255-7643
SUPRE:M:E COURT ID#: 36510
ATTORNEY FOR: Defendant Penn National Insurance
BY THE COURT:
DATE:
; 157842.1
Prothonotary/Clerk, Civil Division
Seal of the Court:
Deputy
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CERTIFICATE OF SERVICE
I, James K. Thomas, II, certify that I served the following on the H~day of
February, 2002:
. Notice of Intent to Serve Subpoenas
via first class United States Mail, postage prepaid, addressed as follows:
Kathleen D. Wilkinson, Esquire
Wilson, Elser, Moskowitz, Edelman & Dicker, LLP
The Curtis Center, Suite 1130 East
Independence Square West
Philadelphia, PA 19106
with true and correct copies on the same date in the same manner upon:
Michael L. Bangs, Esquire
302 South 18th Street
Camp Hill, PA 17011
c;.L.. e
ames K. Thomas, II, Esquire
CERTIFICATE OF SERVICE
'_''''M:';:-:''';;~''~,,_,
. ..~ .:' ;::"1
I, James K. Thomas, If, certify that I served the following on the.J::.. day of March,
2002:
. Certificate Prerequisite to Service of Subpoenas
via first class United States Mail, postage prepaid, addressed as follows:
Kathleen D. Wilkinson, Esquire
Wilson, Elser, Moskowitz, Edelman & Dicker, LLP
The Curtis Center, Suite 1130 East
Independence Square West
Philadelphia, PA 19106
with true and correct copies on the same date in the same manner upon:
Michael L. Bangs, Esquire
302 South 18th Street
Camp Hill, PA 17011
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James K. Thomas, II, Esquire
:157832,1
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Jonathan C. D9isher, Esquire
Thomas, Thomas" Hafer, LLP
AtIomey 1.0. /; 67287
3400 Bath Pike
Suite 201
Bethlehem. PA 18017
(610) 668-1675
Attorneys fur Defendant
PENN NATIONAL INSURANc15 ~OMPANY
HEMPT BROS_. INC.,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
.
.
: NO. 2001-1434 CIVIL TERM
PENNSYLVANIA MANUFACTURERS'
ASSOCIATION INSURANCE
COMPANY and PENN NATIONAL
INSURANCE,
Defendants
: CIVIL ACTION - LAW
,
: JURY TR.IAL DEMANDED
STIPULATED AGREEMENT
Pursuant 10 this Stipulated Agreement, the undersigned counsel agrees that
Pennsylvania National Insurance f'PNI") shall have until April 3, 2002 to file a response
to Pennsylvania Manufacturers' Association lnsUlW1ce CotrlJ)any("PMAIC") Motion to
Quash SubpoenalMotion for Protective Order.
DATE: 3/ZiJ /fJ2..
Ci.~
NATHAN C. DEISHER., ESQUIRE
fl.ttomey for Defendant, Pennsylvania
National Insurance Comp.my
DATE: .3/ZI!tJ2--
~~~~SOI~~ l=~utlIRE
Attom~y for Defendant, Pennsylvania
Manufacturers' AsSociation Ins, Co.
:162315_1
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Jonathan C. Deisher, Esquire
Thomas, Thomas & Hafer, LLP
Attorney I.D. # 67287
3400 Bath Pike
Suite 201
Bethlehem, PA 18017
(610) 868-1675
Attorneys for Defendant
PENN NATIONAL INSURANCE COMPANY
HEMPT BROS., INC.,
Plaintiff,
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-1434 CIVIL TERM
PENNSYLVANIA MANUFACTURERS'
ASSOCIATION INSURANCE
COMPANY and PENN NATIONAL
INSURANCE,
Defendants
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
RESPONSE OF DEFENDANT. PENN NATIONAL INSURANCE.
TO OBJECTIONS OF CO-DEFENDANT. PENNSYLVANIA
MANUFACTURERS ASSOCIATION INSURANCE COMPANY
TO THE SUBPOENA OF PENN NATIONAL INSURANCE
Defendant, Penn National Insurance ("PNI") hereby responds to the objections of
Pennsylvania Manufacturers Association Insurance Company ("PMAIC") as follows:
1. Admitted in part, denied in part. It is admitted that PNl's subpoena is
directed to Almes & Associates, Inc., consulting engineers. It is further admitted that
PMAIC claims to have retained Almes & Associates, Inc., to assist it in its investigation
regarding causes of sinkholes which developed near Hempt Bros. Camp Hill Quarry and
for which Hempt has made a claim for reimbursement of costs to repair. By way of
further response, Almes & Associates, Inc., also appears to have assisted Plaintiff,
Hempt Bros., Inc., in determining the cause of the sinkholes which are the subject of
this Declaratory Judgment action. Further, Almes & Associates represented Hempt
Bros., Inc., in various meetings with regulatory agencies, including the Pennsylvania
.
~
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Department of Environmental Protection. It is believed, and therefore averred, that
Almes & Associates performed other work directly for Hempt Bros., Inc., with respect to
the sinkholes which are at issue in this Declaratory Judgment action.
2. Denied. It is specifically denied that the documents requested pursuant to
the referenced Subpoena contains information protected by Pa. R.C.P. 4003.3. By way
of further response, the Subpoena at issue specifically requests "complete copies of any
and all documents related to any and all work done for Hempt Bros., Inc., by or on
behalf of Almes & Associates, Inc." By way of further response, the Subpoena at issue
does not request any documents related to any work done by Almes & Associates for
PMAIC.
3. Denied. It is specifically denied that the requested documents include the
mental impressions, conclusions or opinions respecting the value or merit of the claim
and defense, or respecting strategy and tactics of representatives of PMAIC. To the
extent that said documents do include the mental impressions, conclusions or opinions
respecting the value or merit of the claim and defense, and respecting strategies and
tactics of representatives of PMAIC, then such documents should be redacted and a
privilege log should be provided.
4. It is admitted only that PMAIC avers that it has not decided whether Almes
& Associates will serve as an expert witness and testify at Trial in this litigation.
5. It is admitted only that PMAIC avers that if Almes & Associates will serve
as PMAIC's expert witness, then PMAIC will produce all responsive documents other
than those protected from discovery by Pac R.C.P. 4003.3 and 4003.5. By way of
further response, documents related to work done by Almes & Associates for or on
.
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behalf of the Plaintiff, Hempt Bros., Inc., are not protected from discovery by Pa. R.C.P.
4003.3 and 4003.5.
6. Denied. It is specifically denied that the documents requested in the
referenced Subpoena are protected by Pac R.C.P. 4003.5(a)(3) if Almes & Associates
will not testify as an expert witness at Trial. By way of further response, any and all
documents relating to any and all work done by Almes & Associates for or on behalf of
the Plaintiff, Hempt Bros., Inc., are not protected by Pac R.C.P. 4003.5(a)(3), or any
other Pennsylvania Rule of Civil Procedure.
Respectfully submitted,
DATED:
April 1, 2002
:163447.1
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CERTIFICATE OF SERVICE
I, JONATHAN C. DEISHER, certify that I served the following on the 1st day of
April, 2002:
RESPONSE OF DEFENDANT, PENN NATIONAL INSURANCE, TO OBJECTIONS OF
CO-DEFENDANT, PENNSYLVANIA MANUFACTURERS ASSOCIATION INSURANCE
COMPANY TO THE SUBPOENA OF PENN NATIONAL INSURANCE
via first class United States Mail, postage prepaid, addressed as follows:
Kathleen D, Wilkinson, Esquire
Wilson, Elser, Moskowitz, Edelman & Dicker, LLP
The Curtis Center, Suite 1130 East
Independence Square West
Philadelphia, PA 19106
Michael L. Bangs, Esquire
302 South 18th Street
Camp Hill, PA 17011
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND
COUNTY
Please list the following case:
(Check one)
( )
(X)
for mR Y trial at the next term of civil court
for trial without a jury
-------------------~-------------------------------------------------------------------------~-----------------------
CAPTION OF CASE
(entire caption must be stated in full)
(check one)
vs.
( X) Civil Action - Law
( ) Appeal from Arbitration
( )
HEMPT BROS., INC.,
Plaintiff
( other)
PENNSYLVANIA MANUFACTURERS'
ASSOCIATION INSURANCE COMPANY
and PENN NATIONAL INSURANCE,
Defendants
The trial list will be called on 6 / 1 0 /0 3
and
TRIALS commence on 7!7 /03
PRETRIALS will be held on 6 118 103
(briefs are due 5 days before pretrials)
(The party listing this case for trial
shall provide forthwith a copy of the
praecipe to all counsel, pursuant to
local Rule 214-1.)
NO. 2001-1434 Civil Term
Indicate the attorney who will try case for the party who files this praecipe:
Michael L. Banqs, Esquire
Indicate trial counsel for other parties if known: Kathleen D. Wilkinson, Esq.
and Jonathan C. Deisher. Esquire
Signed:
Print Name: Michael 1. Bangs
Attorney for: Plaintiff
This case is ready for trial.
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND
COUNTY
Please list the following case:
(Check one)
for JURY trial at the next term of civil court
for trial without a jury
ex )
---------~~----~-~-~~~-----~---~~~~--~--~---~----------~------~~~----------------------------------------------------
CAPTION OF CASE
(entire caption must be stated in full)
(check one)
HEMPTBROS., INC.,
Plaintiff
( X) Civil Action - Law 0
( ) Appeal from Arbitration~
( ) ~C;FF
vs.
(other)
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PENNSYLVANIA MANUFACTURERS'
ASSOCIATION INSURANCE COMPANY
and PENN NATIONAL INSURANCE,
Defendants
The trial list will be called on
and
TRIALS commence on
PRETRIALS will be held on 6 118 103
(briefs are due 5 days before pretrials)
-.
(The party listing this case for trial
shall provide forthwith a copy of the
praecipe to all counsel, pursuant to
local Rule 214-1.)
NO. 2001-1434 Civil Term
Indicate the attorney who will try case for the party who files this praecipe:
Michael L. Banqs, Esquire
Indicate trial counsel for other parties if known: Kathleen D. Wilkinson, Esq.
and Jonathan C. Deisher. Esauire
This case is ready for trial.
Signed:
Print Name: Michael 1. Bangs
Attorney for: Plaintiff
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MICHAEL I.. BANGS
ATTORNEY AT LAW
302 SOUTH 18TH STREET CAMP HILL, PA 17011
PHONE 717-730-7310
FAX 717-730-7374-
E-mail: bangslaw(Q)paonline.com
March 24, 2003
Office of the Prothonotary
ATTN: IRENE
Cumberlalld County Courthouse
One Courthouse Square
Carlisle, P A 17013
RE: Hempt Bros., Inc., vs. PMAIC and Penn National Insurance
Docket No. 2001-1434 Civil
Pennsylvania Manufacturers' Association Insurance Company vs. Hempt Bros.,
Inc.
Docket No. 2002-611 Civil Term
Dear Irene:
Recently I listed the above cases for jury trial by praecipe. I inadvertently listed them for
jury trial when in actuality, all counsel are in agreement that these matters, once consolidated, are
to be listed for non-jury trial. Please make whatever changes are necessary and contact me if
you require anything further from me than this letter clarifying the matter.
Thank you for your attention.
wsc
cc: Court Administrator
Kathleen D. Wilkinson, Esquire
Jonathan C. Deisher, Esquire
""
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HEMPT BROS., INC.
Plaintiff
)
)
)
)
)
PENNSYLVANIA MANUFACTURERS' )
ASSOCIATION INSURANCE )
COMPANY and PENN NATIONAL )
INSURANCE )
)
vs.
Defendants
_ _ , 'l"' ,_","~- ~ _c, 'v, _ . " ""l;[ "0-' ~,,_""';',,' IC_" """"'-;.,."~h"~,"'t.,,,,__~, '0-'"' ""',"~,_ ""'~'~""":~' "'""
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2001-1434 CIVIL TERM
ACTION FOR DECLARATORY
JUDGMENT
ORDER
ANDNOWthis~dayof ~ ~
, 2003, upon review of
the within Motion to Consolidate Actions, it appearing that all parties are in agreement with the
consolidation, it is hereby ORDERED and directed that the matter entitled "Pennsylvania
Manufacturers' Association Insurance Company vs. Hempt Bros., Inc." docketed to Cumberland
County No. 2002-611, be consolidated with the above-captioned matter.
BYTIIECO~
J.
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HEMF'T BROS., INC. vs, PMAIC and PENN NATIONAL I MOTION TO CONSOLIDATE IDlSK 54
HEMPT BROS., INC.
Plaintiff
)
)
)
)
)
PENNSYL VANIA MANUFACTURERS' )
ASSOCIATION INSURANCE )
COMPANY and PENN NATIONAL )
INSURANCE )
)
vs.
Defendants
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2001-1434 CIVIL TERM
ACTION FOR DECLARATORY
JUDGMENT
MOTION TO CONSOLIDATE ACTIONS
AND NOW comes the Plaintiff, HEMPT BROS., INC., by and through its attorney,
Michael 1. Bangs, Esquire, and files this Motion to Consolidate Actions based upon the
following:
, 1. On or about March 12,2001, Hempt Bros., Inc., filed an Action for Declaratory
Judgment against both captioned Defendants.
2. Defendant Pennsylvania Manufacturers' Association Insurance Company originally
filed a Declaratory Judgment Action involving the same facts and circumstances in the Court of
Common Pleas of Montgomery County, captioned as "Pennsylvania Manufacturers' Association
Insurance Company vs. Hempt Bros., Inc." and docketed to No. 99-16005.
3. On or about February 5, 2002, after a Motion to Coordinate filed by Hempt Bros.,
Inc., the matter was transferred by the Montgomery County judge to Cumberland County, and is
currently docketed to No. 2002-611.
4. Hempt Bros., Inc., intends to list both actions for trial.
5. All parties believe that it is in the interest of justice and judicial economy that the
matters be consolidated for trial since they are mirror actions and that discovery under both
captions will be used for the trial of this case.
1
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HEMPl' BROS., INC. vs. PMAIC and PENN NATIONAL I MOTION TO CONSOLIDATE I DISK 54
6. Counsel for Plaintiff has contacted counsel for both Defendants who are in agreement
with this Motion to Coordinate. Attached hereto and marked as Exhibit A is a true and correct
copy of their concurrence.
WHEREFORE, Hempt Bros., Inc., requests this Honorable Court to consolidate the
action docketed to No. 2002-611 with the above-captioned matter.
Respectfully submitted,
IYtJlJ 7
MICHAEL 1. BANGS
Attorney for Plaintiff
302 South 18th Street
Camp Hill, P A 17011
(717) 730-7310
Supreme Court ID #41263
/)/
.
,
2
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HEMPT BROS., INC. v.'. PMAIC and PENN NATIONAL / MOTION TO CONSOLIDATE / DISK 54
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have this day served the foregoing MOTION TO
CONSOLIDATE ACTIONS by depositing a copy of same in the United States mail, postage
prepaid, at Camp Hill, Pennsylvania, addressed to the following:
Kathleen D. Wilkinson, Esquire
Wilson, Elser, Moskowitz, Edelman & Dicker
The Curtis Center, Suite 1130 East
Independence Square West
Philadelphia, PA 19106
Jonathan C. Deisher, Esquire
Thomas, Thomas & Hafer
3400 Bath Pike, Suite 201
Bethlehem,PA 18017
DATE:4W-
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EXIllBIT A
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STIPULATION
We, the undersigned, counsel who represent Defendants Pennsylvania Manufacturers'
Association Insurance Company and Penn National Insurance, hereby agree to consolidate the
action entitled "Pennsylvania Manufacturers' Association Insurance Company vs. Hempt Bros.,
Inc." docketed to Cumberland County No. 2002-611 with the action entitled "Hempt Bros., Inc.,
vs. Pennsylvania Manufacturers' Association Insumnce Company and Penn National Insurance"
docketed to Cumberland County No. 2001-1434.
KATHLEEN D. WILKINSON, Esquire
Wilson, Elser, Moskowitz, Edelman & Dicker
Counsel for Defendant Pennsylvania
Manufacturers' Association Insurance Company
6J
TH ISHER, Esquire
as, Thomas & Hafer
unsel for Penn National Insurance
-
- ],~~=
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,~ Od'''~,
STIPULATION
We, the undersigned, counsel who represent Defendants Pennsylvania Manufacturers'
Association Insurance Company and Penn National Insurance, hereby agree to consolidate the
action entitled "Pennsylvania Manufacturers' Association Insurance Company vs. Hempt Bros.,
Inc." docketed to Cumberland County No. 2002-611 with the action entitled "Hempt Bros., Inc.,
vs. Pennsylvania Manufacturers' Association Insurance Company and Penn National Insurance"
docketed to Cumberland County No. 2001-1434.
~~~.'J
KA E D. WItI'<rNSON, Esquire
Wilson, Elser, Moskowitz, Edelman & Dicker
Counsel for Defendant Pennsylvania
Manufacturers' Association Insurance Company
.,.....
JONA TIIAN C. DEISHER, Esquire
Thomas, Thomas & Hafer
Counsel for Penn National Insurance.
_ J'._~", ~ "" .
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_ 'Jo.,
.
,
.
.
HEMPT BROS. INC.,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
PENNSYLVANIA MANUFACTURERS'
ASSOCIATION INSURANCE
COMPANY AND PENN NATIONAL
INSURANCE,
DEFENDANTS 01-1434 CIVIL TERM ,/
PENNSYLVANIA MANUFACTURERS' IN THE COURT OF COMMON PLEAS OF
ASSOCIATION INSURANCE CUMBERLAND COUNTY, PENNSYLVANIA
COMPANY,
PLAINTIFF
V.
HEMPT BROS. INC.,
DEFENDANT
: 02-0611 CIVIL TERM (CONSOLIDATED)
ORDER OF COURT
AND NOW, this
00
day of April, 2003, a non-jury trial is scheduled
for Thursday, May 22, 2003, at 1 :30 p.m., in Courtroom Number 2, Cumberland County
Courthouse, Carlisle, Pennsylvania.
Michael L. Bangs, Esquire
For Hempt Bros., Inc.,
Edgar B. Bayley, J;
Kathleen D. Wilkinson, Esquire
For Pennsylvania Manufactures' Association
Insurance Company
~
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9-,
Jonathan C. Deisher, Esquire
For Penn National Insurance
Court Administrator
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Plaintiff )
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ASSOCIATION INSURANCE COMPANY)
and PENN NATIONAL INSURANCE )
COMPANY, )
Defendants )
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2001-1434 CIVIL
CIVIL ACTION - LAW
ACTION FOR DECLARATORY
mDGMENT
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above-referenced matter settled and discontinued and end.
Respectfully submitted,
2
Date: July 28, 2003
MICH EL L. BANGS
Attorney for Plaintiff
302 South 18th Street
Camp Hill, PA l701l
(717) 730-7310
Supreme Court ID #41263
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